Isaac Newton Blackford (November 6, 1786 – December 31, 1859) was the second Chief Justice of the
Indiana Supreme Court
The Indiana Supreme Court, established by Article 7 of the Indiana Constitution, is the highest judicial authority in the state of Indiana. Located in Indianapolis, Indiana, Indianapolis, the Court's chambers are in the north wing of the Indiana ...
, the court's longest serving Justice, and among the longest serving jurists in the history of the United States. He wrote an eight-volume work entitled ''Blackford's Reports'' recording all the early decisions of the court. The books became a staple legal source among Indiana's lawyers and received national and international acclaim for their style, accuracy, quality, and concision in dealing with
common law
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresen ...
. As a jurist, Blackford was the most influential ever to serve on Indiana's courts, according to former Chief Justice of Indiana
Randall Shepard. He was nicknamed the "Indiana
Blackstone" because of a comment made by
Washington Irving
Washington Irving (April 3, 1783 – November 28, 1859) was an American short-story writer, essayist, biographer, historian, and diplomat of the early 19th century. He is best known for his short stories "Rip Van Winkle" (1819) and " The Legen ...
regarding the popularity of Blackford's books. During his lifetime he was nationally renowned as one of the most prominent jurists in the United States.
After graduating from
Princeton University
Princeton University is a private university, private research university in Princeton, New Jersey. Founded in 1746 in Elizabeth, New Jersey, Elizabeth as the College of New Jersey, Princeton is the List of Colonial Colleges, fourth-oldest ins ...
, Blackford moved to the
Indiana Territory
The Indiana Territory, officially the Territory of Indiana, was created by a United States Congress, congressional act that President of the United States, President John Adams signed into law on May 7, 1800, to form an Historic regions of the U ...
to practice law in 1812. After holding several civil service positions, he was appointed a circuit court judge but resigned just before the territorial government was dissolved in 1816. Elected as a representative to the first session of the
Indiana General Assembly
The Indiana General Assembly is the state legislature, or legislative branch, of the state of Indiana. It is a bicameral legislature that consists of a lower house, the Indiana House of Representatives, and an upper house, the Indiana Senate. ...
, he was chosen to serve as the first
Speaker of the Indiana House of Representatives. Following the death of Indiana Chief Justice John Johnson in 1817, Blackford was appointed as his replacement by
Governor of Indiana
The governor of Indiana is the head of government of the State of Indiana. The governor is elected to a four-year term and is responsible for overseeing the day-to-day management of the functions of many agencies of the Indiana state government ...
Jonathan Jennings
Jonathan Jennings (March 27, 1784 – July 26, 1834) was the first governor of Indiana and a nine-term congressman from Indiana. Born in either Hunterdon County, New Jersey, or Rockbridge County, Virginia, he studied law before migrating to the ...
. Blackford's early important cases included ''
Polly v. Lasselle'', the decision in that case freed all slaves in Indiana. Nominated without his knowledge or permission, in 1825 he was the
Whig candidate for
Governor of Indiana
The governor of Indiana is the head of government of the State of Indiana. The governor is elected to a four-year term and is responsible for overseeing the day-to-day management of the functions of many agencies of the Indiana state government ...
, but was defeated in the election because of his refusal to campaign publicly. Again nominated without his knowledge to become a
United States senator
The United States Senate is the Upper house, upper chamber of the United States Congress, with the United States House of Representatives, House of Representatives being the Lower house, lower chamber. Together they compose the national Bica ...
, he lost the election in the
Indiana General Assembly
The Indiana General Assembly is the state legislature, or legislative branch, of the state of Indiana. It is a bicameral legislature that consists of a lower house, the Indiana House of Representatives, and an upper house, the Indiana Senate. ...
by only one vote.
Blackford was beset by a number of personal tragedies during the 1820s. Following the death of his wife in childbirth, his young son a few years later, his mother's death, and then narrowly escaping death himself, he became emotionally distraught. He began to live a reclusive lifestyle in a one-room apartment in the
Indiana Governor's Mansion
The Indiana Governor's Residence is the official home of the family of the governor of Indiana and is located in Indianapolis, Indiana. In use since 1973, it is the sixth official residence of Indiana's governors. The current tenant is Governor ...
, where he remained for over twenty years. There he spent his time with only the companionship of his servant. He left for occasional meals, to attend court sessions, and rarely for business and church, but otherwise remained locked away. It was during his solitude that he began writing the reports for which he became renowned.
He was reappointed to his seat on the Supreme Court four times, serving until the adoption of the 1851
Constitution of Indiana
The Constitution of Indiana is the highest body of state law in the U.S. state of Indiana. It establishes the structure and function of the state and is based on the principles of federalism and Jacksonian democracy. Indiana's constitution is su ...
, which made his position subject to election rather than appointment. Defeated for the Whig party nomination to run for his office, he left the court in 1852. He was defeated again in the 1853 election to become Supreme Court Reporter, which led him to seek a position on the federal courts after briefly attempting to practice law. Appointed by President
Franklin Pierce
Franklin Pierce (November 23, 1804October 8, 1869) was the 14th president of the United States, serving from 1853 to 1857. He was a northern Democrat who believed that the abolitionist movement was a fundamental threat to the nation's unity ...
, he served as a
judge
A judge is a person who presides over court proceedings, either alone or as a part of a panel of judges. A judge hears all the witnesses and any other evidence presented by the barristers or solicitors of the case, assesses the credibility an ...
of the newly created
Court of Claims dealing with financial claims against the federal government from 1855 until his death. During his lifetime Blackford accumulated a small fortune through the sale of his reports which was left to his only living relative, his half-sister Charlotte Teresa Coons.
Early life
Family and background
Isaac Blackford was born on November 6, 1786, in
Bound Brook,
Somerset County,
New Jersey
New Jersey is a state in the Mid-Atlantic and Northeastern regions of the United States. It is bordered on the north and east by the state of New York; on the east, southeast, and south by the Atlantic Ocean; on the west by the Delaware ...
, the only child of Joseph and Mary Straats Blackford. Joseph was a successful merchant, and had served in the New Jersey militia during the Revolutionary War. Mary was the daughter of a farmer. She had been a nurse during the
American Revolutionary War
The American Revolutionary War (April 19, 1775 – September 3, 1783), also known as the Revolutionary War or American War of Independence, was a major war of the American Revolution. Widely considered as the war that secured the independence of t ...
and aided American soldiers during the battles of Trenton and Princeton, and continued to care for them when
smallpox
Smallpox was an infectious disease caused by variola virus (often called smallpox virus) which belongs to the genus Orthopoxvirus. The last naturally occurring case was diagnosed in October 1977, and the World Health Organization (WHO) c ...
broke out among the army during the winter of 1780–1781. She was deeply religious, and known in the community for both her faith and patriotic zeal. Both of Blackford's parents were
Presbyterian
Presbyterianism is a part of the Reformed tradition within Protestantism that broke from the Roman Catholic Church in Scotland by John Knox, who was a priest at St. Giles Cathedral (Church of Scotland). Presbyterian churches derive their nam ...
, and he remained a member of the church his entire life.
Blackford received a basic education, learning to read and write, in local public schools. His father died on May 22, 1800, leaving half his land holdings and savings of $7,220.99 ($ in 2020
chained dollars
Chained dollars is a method of adjusting real dollar amounts for inflation over time, to allow the comparison of figures from different years. The U.S. Department of Commerce introduced the chained-dollar measure in 1996. It generally reflects doll ...
) to his mother, and directing that the other half of the estate should be given to Blackford for education and as an inheritance, provided he remained obedient unto her until he reached adulthood. Mary remarried in 1801 to Thomas Coon and the couple had a child, Charlotte Teressa, on August 3, 1802. Blackford at first disliked his stepfather, but the two developed a close relationship as he grew older. The family continued to prosper, and when Blackford finally inherited his portion of his father's estate he received $5,550 ($ in 2020
chained dollars
Chained dollars is a method of adjusting real dollar amounts for inflation over time, to allow the comparison of figures from different years. The U.S. Department of Commerce introduced the chained-dollar measure in 1996. It generally reflects doll ...
). On his stepfather's advice he invested the money by granting a
mortgage
A mortgage loan or simply mortgage (), in civil law jurisdicions known also as a hypothec loan, is a loan used either by purchasers of real property to raise funds to buy real estate, or by existing property owners to raise funds for any pu ...
to earn interest.
Blackford was enrolled in
Princeton University
Princeton University is a private university, private research university in Princeton, New Jersey. Founded in 1746 in Elizabeth, New Jersey, Elizabeth as the College of New Jersey, Princeton is the List of Colonial Colleges, fourth-oldest ins ...
at age sixteen and graduated at the top of his class in 1806. On his enrollment forms he entered his middle name as Newton, but never again used the name during his life. Among his fifty-four classmates were
John Williams Walker
John Williams Walker (August 12, 1783April 23, 1823) was an American politician, who served as the Democratic-Republican United States senator from the state of Alabama, the first senator elected by that state.
Life and career
Walker was born Aug ...
,
James Iredell
James Iredell (October 5, 1751 – October 20, 1799) was one of the first Justices of the Supreme Court of the United States. He was appointed by President George Washington and served from 1790 until his death in 1799. His son, James Iredel ...
,
John James Marshall,
Arnold Naudain
Arnold Snow Naudain (January 6, 1790 – January 4, 1872) was an American physician and politician from Odessa, Delaware, Odessa in New Castle County, Delaware. He was a veteran of the War of 1812, and a member of the Whig Party (United States) ...
, and
Patrick Noble
Patrick Noble (1787April 7, 1840) was the List of Governors of South Carolina, 57th Governor of South Carolina, Governor of South Carolina from 1838 until his death in 1840.
Early life and career
Born in McCormick County, South Carolina, Abbevi ...
. Blackford became fluent in
Greek
Greek may refer to:
Greece
Anything of, from, or related to Greece, a country in Southern Europe:
*Greeks, an ethnic group.
*Greek language, a branch of the Indo-European language family.
**Proto-Greek language, the assumed last common ancestor ...
,
Latin
Latin (, or , ) is a classical language belonging to the Italic branch of the Indo-European languages. Latin was originally a dialect spoken in the lower Tiber area (then known as Latium) around present-day Rome, but through the power of the ...
, and
French and excelled in history and mathematics. He also spent a considerable amount of time reading legal books on English
common law
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresen ...
, especially the works of
William Blackstone
Sir William Blackstone (10 July 1723 – 14 February 1780) was an English jurist, judge and Tory politician of the eighteenth century. He is most noted for writing the ''Commentaries on the Laws of England''. Born into a middle-class family i ...
.
After college he
studied law for a year in the office of Revolutionary War hero, Colonel George MacDonald in
Bound Brook. After a year, he moved to
Morristown and continued his studies in the law firm of
Gabriel Ford. Ford's home had been used by
George Washington
George Washington (February 22, 1732, 1799) was an American military officer, statesman, and Founding Father who served as the first president of the United States from 1789 to 1797. Appointed by the Continental Congress as commander of th ...
as a military headquarters. Blackford boarded at Ford's home in the same room used by Washington during the war, and this was a memory he recalled fondly throughout his life. Blackford's connections brought him into contact with prominent figures during his early life. He met George Washington at age 10, and
James Madison
James Madison Jr. (March 16, 1751June 28, 1836) was an American statesman, diplomat, and Founding Father. He served as the fourth president of the United States from 1809 to 1817. Madison is hailed as the "Father of the Constitution" for hi ...
and
Phillip Freneau
Philip Morin Freneau (January 2, 1752 – December 18, 1832) was an American poet, nationalist, polemicist, sea captain and early American newspaper editor, sometimes called the "Poet of the American Revolution". Through his newspaper, th ...
while attending Princeton.
He completed his studies in 1810 and was admitted to the bar in New Jersey in November of that year. He took only one case of his own and realized he needed to join a law firm if he was going to be able to earn a living at his profession. He returned to his hometown and began practicing law as a member of MacDonald's firm.
Indiana Territory
In 1811 Blackford moved west. His reasons for leaving New Jersey are unclear. He had a potentially prosperous life in the east, as Ford was considering becoming a federal judge and allowing Blackford to inherit his practice. Indiana, by contrast, had just recently experienced the
Battle of Tippecanoe
The Battle of Tippecanoe ( ) was fought on November 7, 1811, in Battle Ground, Indiana, between American forces led by then Governor William Henry Harrison of the Indiana Territory and Native American forces associated with Shawnee leader Tecums ...
and was still experiencing violence related to the
War of 1812
The War of 1812 (18 June 1812 – 17 February 1815) was fought by the United States of America and its indigenous allies against the United Kingdom and its allies in British North America, with limited participation by Spain in Florida. It bega ...
, and the prospect of earning a living as a lawyer on the frontier was uncertain. Despite his opportunities in New Jersey, Blackford determined to leave.
Having spent most of his funds on education, Blackford could not to afford to take the stage coach and walked from New Jersey to the
Allegany River where he traveled downriver by raft to
Cincinnati
Cincinnati ( ) is a city in the U.S. state of Ohio and the county seat of Hamilton County. Settled in 1788, the city is located at the northern side of the confluence of the Licking and Ohio rivers, the latter of which marks the state line wit ...
,
Ohio
Ohio () is a state in the Midwestern region of the United States. Of the fifty U.S. states, it is the 34th-largest by area, and with a population of nearly 11.8 million, is the seventh-most populous and tenth-most densely populated. The sta ...
and then continued on foot to
Dayton
Dayton () is the sixth-largest city in the U.S. state of Ohio and the county seat of Montgomery County. A small part of the city extends into Greene County. The 2020 U.S. census estimate put the city population at 137,644, while Greater Da ...
, Ohio. He lived only briefly in Dayton and continued further west, moving into the
Indiana Territory
The Indiana Territory, officially the Territory of Indiana, was created by a United States Congress, congressional act that President of the United States, President John Adams signed into law on May 7, 1800, to form an Historic regions of the U ...
and first living in
Brookville. He carried with him a letter of introduction to territorial Judge Isaac Dunn, a friend of George MacDonald. The letter helped him to quickly establish himself among the small legal community in the territory. Brookville was the administrative center of the eastern half of the territory, but Blackford had little chance of making a substantial income as a lawyer there, so he sought work in the civil service.
Blackford frequently moved from town to town in Indiana during his first years in the territory. He briefly traveled to
Corydon in 1811 or 1812, but found no employment. He next moved to
Vevay, Indiana
Vevay ( ) is a town located in Jefferson Township and the county seat of Switzerland County, Indiana, United States, along the Ohio River. The population was 1,683 at the 2010 census.
History
The first settlers who arrived in 1802 were Swiss im ...
where he took a job as cashier at a branch of the territorial Bank of Vincennes. By early 1813, he moved again to
Salem where he was appointed by Governor
William Henry Harrison
William Henry Harrison (February 9, 1773April 4, 1841) was an American military officer and politician who served as the ninth president of the United States. Harrison died just 31 days after his inauguration in 1841, and had the shortest pres ...
to be clerk and recorder in the newly formed
Washington County, a position he held only for a few months. The position proved disappointing to Blackford who reported that his chief responsibility was "to record marks on cattle which strayed at large in the absence of stock enclosures."
Struggling to earn enough income to support himself, Blackford continued seeking more lucrative positions. In 1813, Blackford traveled to the territorial capital,
Vincennes
Vincennes (, ) is a commune in the Val-de-Marne department in the eastern suburbs of Paris, France. It is located from the centre of Paris. It is next to but does not include the Château de Vincennes and Bois de Vincennes, which are attached ...
. where he was admitted to the bar with the help of his friend John Test; he was only the thirtieth lawyer admitted to the bar in the territory. In December of the same year he was elected principal clerk for the
Indiana Territory
The Indiana Territory, officially the Territory of Indiana, was created by a United States Congress, congressional act that President of the United States, President John Adams signed into law on May 7, 1800, to form an Historic regions of the U ...
House of Representatives, which was in session in Corydon. His election to the position was owed largely to the endorsement of Isaac Dunn, who was speaker of the body. He was reelected to the position again in August 1814.
Living in Corydon, he also became a cashier again at the local branch Bank of Vincennes. He became aware of corruption at the bank which later folded in the
Panic of 1819
The Panic of 1819 was the first widespread and durable financial crisis in the United States that slowed westward expansion in the Cotton Belt and was followed by a general collapse of the American economy that persisted through 1821. The Panic h ...
; numerous investors lost their money and scandalous abuses were revealed to the public. The experience influenced him to mistrust banks throughout his life, and led him to refuse to put any money in banks.
Governor
Thomas Posey
Thomas Posey (July 9, 1750March 19, 1818) was an officer in the American Revolution, a general during peacetime, the third Lieutenant Governor of Kentucky, Governor of the Indiana Territory, and a Louisiana Senator.
Early life
Family and back ...
reorganized the territorial courts in 1813 creating three districts and appointing judges to preside in them. Judge
Benjamin Parke was appointed to the 1st Circuit, but he resigned in 1814. Posey had become familiar with Blackford who as clerk of the House of Representatives was responsible for communications between Posey, who was residing in
Jeffersonville, and the General Assembly, which was in Corydon. Posey appointed Blackford to succeed Parke as judge in the 1st Circuit Territorial Court. Blackford resigned his position as clerk and accepted Posey's appointment. The first circuit at that time was the largest in the territory and consisted of the eight western counties of the territory. There were few roads in the region at the time, and Blackford rode cross-country between settlements to hold court. He made six circuit trips during his tenure and tried forty-nine cases, and dismissed a number of others.
Statehood was granted to Indiana on December 11, 1816, and the territorial government was dissolved, including Blackford's position. Blackford renewed his license to practice law in the newly formed state, and became the first lawyer appointed to the bar in the State of Indiana.
He had moved to Vincennes during his term as judge to live centrally within his district. Upon leaving the bench, he was elected as a
Democratic-Republican
The Democratic-Republican Party, known at the time as the Republican Party and also referred to as the Jeffersonian Republican Party among other names, was an American political party founded by Thomas Jefferson and James Madison in the early ...
member to the first
Indiana House of Representatives
The Indiana House of Representatives is the lower house of the Indiana General Assembly, the state legislature of the U.S. state of Indiana. The House is composed of 100 members representing an equal number of constituent districts. House memb ...
and served a one-year term from 1816 to 1817, representing
Knox County. In the House he was nominated and elected first Speaker of the House.
James Noble commenting on his election said, "His great fairness and unyielding integrity, to say nothing of his experience and natural fitness, won the respect and hearty good-will of us all and we could not find it in our hearts to oppose him." Although he came from the western and pro-slavery area of the state, he was in party with the anti-slavery
Jennings
Jennings is a surname of early medieval English origin (also the Anglicised version of the Irish surnames Mac Sheóinín or MacJonin). Notable people with the surname include:
*Jennings (Swedish noble family)
A–G
*Adam Jennings (born 1982), A ...
' faction of assembly. As there was only one political party in the state at the time, the factions of the state
Democratic-Republican Party
The Democratic-Republican Party, known at the time as the Republican Party and also referred to as the Jeffersonian Republican Party among other names, was an American political party founded by Thomas Jefferson and James Madison in the early ...
vied for power. There is no record of Blackford's specific impact on any legislation, although he would have been heavily involved in laying the foundation of the state government, the framework of which was created during the first session of the assembly. Recalling Blackford's speakership, Noble went on to say that Blackford was a popular member of the body, and was supported in each of his proposals by the majority.
Chief Justice
On September 10, 1817, Blackford was appointed
Chief Justice of the
Indiana Supreme Court
The Indiana Supreme Court, established by Article 7 of the Indiana Constitution, is the highest judicial authority in the state of Indiana. Located in Indianapolis, Indiana, Indianapolis, the Court's chambers are in the north wing of the Indiana ...
by
Governor
A governor is an administrative leader and head of a polity or political region, ranking under the head of state and in some cases, such as governors-general, as the head of state's official representative. Depending on the type of political ...
Jonathan Jennings
Jonathan Jennings (March 27, 1784 – July 26, 1834) was the first governor of Indiana and a nine-term congressman from Indiana. Born in either Hunterdon County, New Jersey, or Rockbridge County, Virginia, he studied law before migrating to the ...
to replace Chief Justice John Johnson. Johnson had died after less than a year on the bench, and before the court had issued any decisions. Jennings informed Blackford of his decision as the two walked arm-in-arm from Johnson's grave following his funeral service. Blackford at first refused, saying he was too young and inexperienced. However, there were less than seventy lawyers in the entire state at that time, the majority of which belonged to other factions of the party, or had not lived in the state long enough to qualify for the job. Blackford was Jenning's most viable choice. Jennings and Blackford were also the only two members of the government who came from New Jersey, increasing Jennings' sentimental desire to see Blackford appointed. Despite Blackford's refusal, Jennings appointed him to the court and he was easily confirmed by the state senate to his first seven-year term.
Blackford quickly earned a reputation for being fair and impartial and is regarded as one of the most influential and pivotal members in the court's history. According to Chief Justice
Randall Shepherd, he was the most important justice to have ever served on the state courts and was responsible for laying the legal foundation of the state. During his time on the three member court he wrote the majority opinion on 845 of the nearly 2300 cases he presided over. That was more than twice the number of decisions authored by any other justice in the court's history and remains a record. Seven other men served with him on the court, including James Scott,
Jesse Holman, Stephen Stevens, John McKinney,
Jeremiah Sullivan
Jeremiah C. Sullivan (July 21, 1794 – December 6, 1870) was a justice of the Indiana Supreme Court from 1837 to 1846 and coined the name " Indianapolis" for the new state capital.
Jeremiah Sullivan's father, Thomas Littleton Sullivan, was th ...
, Charles Dewey, Samuel Perkins, and Thomas Smith.
As Chief Justice, he was responsible for overseeing many of the day-to-day functions of the court, and oversaw the court during its move of the capitol from Corydon to Indianapolis in 1825. In 1831, due to crowding in the statehouse, the General Assembly granted the court permission to hold sessions anywhere within Indianapolis that they should choose. Blackford petitioned to have a chamber made available in the Indiana Governor's Mansion which was at that time being used for office space. He oversaw a fourth move to the new
Indiana Statehouse
The Indiana Statehouse is the state capitol building of the U.S. state of Indiana. It houses the Indiana General Assembly, the office of the Governor of Indiana, the Indiana Supreme Court, and other state officials. The Statehouse is located in ...
in 1839. The court remained there for the remainder of his time on the bench.
Describing Blackford's style as a jurist,
Oliver H. Smith wrote, "The principal characteristic of his mind is caution. He never guesses, He is emphatically a book judge. Declamation with him is nothing; precedent and good authority is everything." His reliance on English common law and especially precedents set by
Westminster Hall
The Palace of Westminster serves as the meeting place for both the House of Commons of the United Kingdom, House of Commons and the House of Lords, the two houses of the Parliament of the United Kingdom. Informally known as the Houses of Parli ...
, was unique compared to other frontier states.
Chancellor Kent commented that "It is an interesting fact to find not only the
lex mercatoria
''Lex mercatoria'' (from the Latin for "merchant law"), often referred to as "the Law Merchant" in English, is the body of commercial law used by merchants throughout Europe during the medieval period. It evolved similar to English common law as ...
of English common law, but the refinements of the English equity system, adopted and enforced in the State of Indiana as early as 1820, when we consider how recently that country had then risen from a wilderness into a cultivated and civilized community."
Prominent cases
Among the many cases Blackford presided over was the 1820 case of ''
Polly v. Lasselle'', in which he retroactively applied the state constitution's ban on slavery which freed all slaves in Indiana.
Among his most important and impacting decisions was the case of ''State v. Tipton'' which severely limited the ability to appeal decisions to higher courts, but significantly decreased the Supreme Court's caseload. Under the original state constitution, Indiana had no appeals court, and all appeals from the circuit courts came directly to the Supreme Court. In the decision, Blackford wrote, "Courts of record have exclusive control over charges for contempt, and their conviction or acquittal is final and conclusive. This great power is intrusted to these tribunals of justice for the support and preservation of their respectability and idependence; it has existed from the earliest period to which the annals of jurisdiction extend, and, except in a few cases of party violence, it has been sanctioned and established by the experience of ages." The decision was recognized as precedent in Indiana for 49 years. It was valid until Judge Buskirk investigated the precedent Blackford cited and discovered the underlying decision (Lord Mayor of London, 3 Wils. 188) was "not at all in point, while the whole current of modern decisions was in favor of appeal and review."
In ''Deming v. Bullit'' Blackford ruled that parties could cancel contracts of sale even after payment was made, provided they refunded the fees. Blackford eventually overruled his own precedent in the case of ''Cunningham v. Flinn''. In ''Shanklin v. Cooper'' he ruled that contracts made in Indiana regarding assets outside of the state were still under Indiana's judicial jurisdiction, although he ruled to overturn his own precedent in the case of ''Hunt v. Standart''. Because Indiana as a new state had a very limited
civil and criminal code during the nineteenth century, Blackford relied heavily on English common law treatises to base his own decisions on, including ''
Coke's Reports'' and ''
Blackstone's Commentaries
The ''Commentaries on the Laws of England'' are an influential 18th-century treatise on the common law of England by Sir William Blackstone, originally published by the Clarendon Press at Oxford, 1765–1770. The work is divided into four volume ...
''. During his lifetime, he amassed a personal library with nearly 2,000 volumes of legal works.
Personal tragedies
George MacDonald, under whom Blackford had studied law, left his law practice in the east and moved to the Indiana in 1818. Blackford began courting his daughter Caroline, who was fourteen years younger than himself. They were married on December 23, 1819, in Vincennes by Reverend Samuel T. Scott. Caroline wished to entertain and enjoyed the high society that Blackford's position brought, while Blackford preferred to live reclusively. Their brief marriage was strained because of the age difference. They had one son, George, born on May 3, 1821. Caroline died in childbirth, a shock from which Blackford never fully recovered and which led him to become very protective and invested in his son. Blackford wrote to his mother of his unhappiness in marriage, and, after his wife's death, he vowed to never marry again.
Blackford's son became ill, probably with
malaria
Malaria is a mosquito-borne infectious disease that affects humans and other animals. Malaria causes symptoms that typically include fever, tiredness, vomiting, and headaches. In severe cases, it can cause jaundice, seizures, coma, or death. S ...
, the date and details of the sickness are unknown. Blackford took him to
Lexington,
Kentucky
Kentucky ( , ), officially the Commonwealth of Kentucky, is a state in the Southeastern region of the United States and one of the states of the Upper South. It borders Illinois, Indiana, and Ohio to the north; West Virginia and Virginia to ...
for medical treatment, but he died only a short time later. George died sometime before 1827, and wound have been under six years old. The year of George Blackford's death is uncertain because Blackford was so distraught by the event that he refused to speak about the incident with anyone for the rest of his life. The death was an emotional blow to Blackford. Burying his son in Kentucky, he returned to Vincennes where he arrived in the night and entered the home of his friend John Coburn. He lay on the floor and wept till morning. He then locked himself away for two weeks in a room in Coburn's home, never speaking and only coming out to receive a meal. Blackford continued to keep his residence in Vincennes until 1830. Afterwards, he sold his Vincennes estate and invested the money in land, and moved to Indianapolis.
The General Assembly had granted boarding rooms in the Indiana Governor's Mansion for the Supreme Court Justices to use while in Indianapolis. Blackford left Vincennes and moved into his room in the mansion. He hired a servant, William Franklin, who was the child of emancipated slaves, to bring him meals and clean his room. Due in large part to his emotional distress, Blackford began a hermit's lifestyle that he continued for twenty years. Franklin became Blackford's closest friend and remained with him throughout his life.
In 1827, Blackford's mother died on August 18. Blackford shut himself away for six months and even stopped attending court sessions. He obtained a lock of her hair and carried it with him for the remainder of his life. Shortly thereafter while returning to Indianapolis after attending business in Vincennes, he attempted to ford the swollen White River on his horse as he neared
Martinsville. The river proved to be too swift and he and his horse were swept away. He was able to catch himself on an island, but was unable to escape it. He remained there for two days without food before he was discovered by a farmer and was rescued. He was taken to his apartment where he was nursed by Franklin until his health recovered.
Blackford's Reports
Blackford's salary began at $600 annually, and the
constitution
A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of Legal entity, entity and commonly determine how that entity is to be governed.
When ...
prevented it from decreasing during his term. At the time the salary was enough to sustain only a meager lifestyle. He invested some of his savings in land speculation around the state and made a large profit from his initial investment. He used the earnings to buy three city blocks in
Indianapolis
Indianapolis (), colloquially known as Indy, is the state capital and most populous city of the U.S. state of Indiana and the seat of Marion County. According to the U.S. Census Bureau, the consolidated population of Indianapolis and Marion ...
shortly after the city was platted in 1824. On one block he had a four-story brick building constructed during the late 1820s and he rented office space for income. By the 1830s his rental income was enough to sustain his lifestyle, and he no longer needed his judicial salary, which he chose to leave in the state treasury to draw interest at 6%
per annum. By the time he left office, he was earning $1,500 annually from the state, and in total earned an estimated $50,000, including interest, during his time in office. ($ in 2020
chained dollars
Chained dollars is a method of adjusting real dollar amounts for inflation over time, to allow the comparison of figures from different years. The U.S. Department of Commerce introduced the chained-dollar measure in 1996. It generally reflects doll ...
) He was reportedly very frugal with his money and amassed a small fortune during his lifetime, leaving an estate of $250,000 ($ in 2020
chained dollars
Chained dollars is a method of adjusting real dollar amounts for inflation over time, to allow the comparison of figures from different years. The U.S. Department of Commerce introduced the chained-dollar measure in 1996. It generally reflects doll ...
) when he died.
In the early days, court decisions were few. In 1816, the court made no decisions, in 1817 two cases, and in 1818 only three. But as case volume began to increase in 1822, Blackford became aware of the problems presented by having no reporter of the decisions. He began maintaining a personal collection of the Supreme Court decisions in hopes the Indiana General Assembly would eventually authorize funds to create an official report.
After his personal tragedies while he remained locked in his room, Blackford began working on a book to report the important decisions of the Supreme Court and provide a legal source to state lawyers and judges. He was meticulous and precise in his writing. Biographer William Thornton attributed his ability to write concisely to the fact that he never practiced law extensively, and never developed the habit of writing lengthy arguments, but instead kept his thoughts clear and precise. Each volume he authored covered a decade of court decisions and was published four years after the decade was complete. So careful was Blackford in ensuring the quality and accuracy of the work that he regularly held up printing to make corrections found after a few volumes were printed, and after they were printed, if an error was reported, he would destroy the existing copies and have new ones made. He used his own savings to have the books published with the intention of selling them to lawyers in Indiana. The sale of the books brought Blackford a substantial income, and he earned between $1,500 and $2,000 annually on royalties.
''Blackford's Reports'' were thorough and detailed thanks to Blackford's effort to keep them accurate. His reputation for accuracy became well known. On one occasion a lawyer arguing before the court seeking to delay a decision questioned Blackford on the spelling of the word "jenny", a female
donkey
The domestic donkey is a hoofed mammal in the family Equidae, the same family as the horse. It derives from the African wild ass, ''Equus africanus'', and may be classified either as a subspecies thereof, ''Equus africanus asinus'', or as a ...
, a word he knew would be in the report. Blackford responded with the spelling and lawyer again questioned him if he was certain that word was not spelled "jennie". Not wanting to be hasty and enter an incorrectly spelled word onto the record, Blackford delayed the decision for two days while experts were consulted as to the proper spelling. By the time the answer had come the court session had ended and decision was delayed for several months.
Blackford published the first of his eight volumes of ''Blackford's Reports'' in 1830, covering court cases between 1816 and 1826. It was immediately in demand among the state's judicial establishment as there were at that time no other readily available sources for Supreme Court decisions. The Indiana General Assembly later approved and funded the publishing of the two-volume ''Indiana Reports'', which was authored by the court reporter and reported the entirety of the decisions of the Supreme Court. ''Blackford's Reports'' still remained more popular because of their superior style and quality. His reports were noted by readers for their concision, accuracy, and diction. They soon became popular in other US states where common law was used. Within a decade his reports had spread internationally; his reports were published in Britain and Canada where they were used as a legal resource.
Evidencing the popularity of his reports,
Washington Irving
Washington Irving (April 3, 1783 – November 28, 1859) was an American short-story writer, essayist, biographer, historian, and diplomat of the early 19th century. He is best known for his short stories "Rip Van Winkle" (1819) and " The Legen ...
, while serving as a United States diplomat to the
United Kingdom
The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Europe, off the north-western coast of the continental mainland. It comprises England, Scotland, Wales and North ...
at the
Court of St. James's
The Court of St James's is the royal court for the Sovereign of the United Kingdom. All ambassadors to the United Kingdom are formally received by the court. All ambassadors from the United Kingdom are formally accredited from the court – & ...
, wrote to his superiors in Washington D.C. requesting information on Blackford. He reported that ''Blackford's Reports'' were well known in
Westminster
Westminster is an area of Central London, part of the wider City of Westminster.
The area, which extends from the River Thames to Oxford Street, has many visitor attractions and historic landmarks, including the Palace of Westminster, Bu ...
and regularly used by the judiciary, and Irving compared him to
William Blackstone
Sir William Blackstone (10 July 1723 – 14 February 1780) was an English jurist, judge and Tory politician of the eighteenth century. He is most noted for writing the ''Commentaries on the Laws of England''. Born into a middle-class family i ...
. The attribution stuck with Blackford, and earned him the nickname "Indiana Blackstone." His reports by then had become a staple in law schools and a necessity in most law firms in the United States.
Between the time the books were published, and until 1930, his reports were cited in court decisions over 4,000 times by Indiana courts, over 3,000 times in other US state courts, over 1,400 times by federal courts and the
United States Supreme Court
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
, more than 350 times in Canadian courts, and more than 75 in British courts. Additionally, his decisions were cited over 400 times from ''Indiana Reports''. The use of his reports in law schools became less common beginning in the early 1900s as many states' civil codes began to become more developed and reliance on common law was less frequent. His reports, however, remain a regularly used tool in cases where common law is still applied.
Blackford was a trustee for
Indiana College (now
Indiana University Bloomington
Indiana University Bloomington (IU Bloomington, Indiana University, IU, or simply Indiana) is a public university, public research university in Bloomington, Indiana. It is the flagship university, flagship campus of Indiana University and, with ...
) from 1838 to 1841. During that time the college published his reports on their printing press.
Appointments & electoral failures
In 1825 Blackford was nominated, without his knowledge, as the
Whig candidate for governor of Indiana. Because of his position on the courts, he refused to campaign on his own behalf against his opponent. In the election he was defeated by
James B. Ray
James Brown Ray (February 19, 1794 – August 4, 1848) was an Indiana politician and the only Indiana Senate president pro tempore to be elevated to governor of the state of Indiana. Ray served during a time when the state transitioned from per ...
with 13,140 votes to his 10,418. The following year, he was nominated for a
United States Senate
The United States Senate is the upper chamber of the United States Congress, with the House of Representatives being the lower chamber. Together they compose the national bicameral legislature of the United States.
The composition and pow ...
seat, again without his knowledge. He lost in the Indiana General Assembly by one vote and was defeated by former governor
William Hendricks
William Hendricks (November 12, 1782 – May 16, 1850) was a Democratic-Republican member of the House of Representatives from 1816 to 1822, the third governor of Indiana from 1822 to 1825, and an Anti-Jacksonian member of the U.S. Senate from 1 ...
.
Blackford never sought political office while he was on the court, but his political opinions were not concealed. In 1824 he was an
elector
Elector may refer to:
* Prince-elector or elector, a member of the electoral college of the Holy Roman Empire, having the function of electing the Holy Roman Emperors
* Elector, a member of an electoral college
** Confederate elector, a member of ...
on the ticket for
John Adams
John Adams (October 30, 1735 – July 4, 1826) was an American statesman, attorney, diplomat, writer, and Founding Fathers of the United States, Founding Father who served as the second president of the United States from 1797 to 1801. Befor ...
, and in 1832 he voted for and publicly supported
Henry Clay
Henry Clay Sr. (April 12, 1777June 29, 1852) was an American attorney and statesman who represented Kentucky in both the U.S. Senate and House of Representatives. He was the seventh House speaker as well as the ninth secretary of state, al ...
. In 1836 he backed
Martin Van Buren
Martin Van Buren ( ; nl, Maarten van Buren; ; December 5, 1782 – July 24, 1862) was an American lawyer and statesman who served as the eighth president of the United States from 1837 to 1841. A primary founder of the Democratic Party (Uni ...
, primarily because he opposed
Andrew Jackson
Andrew Jackson (March 15, 1767 – June 8, 1845) was an American lawyer, planter, general, and statesman who served as the seventh president of the United States from 1829 to 1837. Before being elected to the presidency, he gained fame as ...
. He was also opposed to the election of
William Henry Harrison
William Henry Harrison (February 9, 1773April 4, 1841) was an American military officer and politician who served as the ninth president of the United States. Harrison died just 31 days after his inauguration in 1841, and had the shortest pres ...
as President, who had been governor of the Indiana territory when he had first moved; his opposition stemmed from his experience with his style of governing and support of slavery. Although he made political positions known, he did not take part in campaigning, stumping, or party leadership.
Governor Ray reappointed Blackford as chief justice in 1826 in an attempt to win electoral support from the Whigs on a number of laws he was advocating for passage. Blackford was reappointed again in 1833 by Governor
Noah Noble
Noah Noble (January 15, 1794 – February 8, 1844) was the fifth governor of the U.S. state of Indiana from 1831 to 1837. His two terms focused largely on internal improvements, culminating in the passage of the Mammoth Internal Improvemen ...
and in 1840 by
Samuel Bigger
Samuel Bigger (March 20, 1802 – September 9, 1846) was the seventh governor of the U.S. state of Indiana from December 9, 1840 to December 6, 1843. Bigger was nominated to run for governor because he had no connection to the failed public work ...
who were both of same party as Blackford. Democratic Governor Whitcomb at first refused to reappoint Blackford because of his age in 1847. He nominated four different replacements for Blackford but the
Indiana Senate
The Indiana Senate is the upper house of the Indiana General Assembly, the state legislature of the U.S. state of Indiana. The Senate is composed of 50 members representing an equal number of constituent districts. Senators serve four-year terms ...
refused to confirm them, forcing Whitcomb to give in and reappoint Blackford. Whitcomb likewise had refused to reappoint the other two members of the court, leaving Blackford as the only justice on the court for nearly a year while the governor wrangled with the General Assembly over the issue. In both 1826 and 1847, Blackford was the only member of the court to be reappointed, based largely on his popularity and the fame of his reports. His fellow court members had been ejected because of their age, or their slow pace in making decision.
In his later years on the court, the docket began to increase dramatically and the court was unable to keep pace with the caseload. The Blackford court's inability to keep up took a toll on his reputation, as some state leaders blamed his age as the cause of the backlog. The growing state was in need of an
appeals court
A court of appeals, also called a court of appeal, appellate court, appeal court, court of second instance or second instance court, is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal. In much of t ...
, and it would be created by the new
Constitution of 1851. Another significant change was the passage of the state's Practice Act which broke down many common law precedents and significantly changed the methods of pleading that Blackford was accustomed to.
Blackford continued serving on the Supreme Court until the new state Constitution of 1851 made the position of justice an elected office. He sought the nomination at the Whig convention to run to keep his seat, but his lack of political experience led to his defeat. In total he had been on the Supreme Court for over thirty-five years, seven and a half years longer than any other justice in state history. As late as 1930, he remained the longest serving jurist in any position in the United States, with 12,899 days of service on the court.
Later years
Blackford still desired to be associated with the court so he could write the court reports. He was successfully nominated to run for the position of court reporter on the Whig ticket in 1853, but was defeated in the election by future Vice President of the United States
Thomas Hendricks
Thomas Andrews Hendricks (September 7, 1819November 25, 1885) was an American politician and lawyer from Indiana who served as the 16th governor of Indiana from 1873 to 1877 and the 21st vice president of the United States from March until his ...
. After being defeated in his second election attempt after leaving the court, he briefly returned to private life. In 1854, he sought the nomination to run for Congress, but he lost the Democratic Party primary, again to Thomas Hendricks. Instead the party nominated him to run for the
Indiana Senate
The Indiana Senate is the upper house of the Indiana General Assembly, the state legislature of the U.S. state of Indiana. The Senate is composed of 50 members representing an equal number of constituent districts. Senators serve four-year terms ...
, but he was defeated in the general election by the a
People's Party candidate; The people's party subsequently merged with the newly formed
Republican Party.
He opened a law office and took on one case which he argued before Judge
David Wallace. He stumbled in making his arguments as he was unaccustomed to speaking publicly and he lost the case. He found the change of position embarrassing and was occasionally offended by the public and the court system for not showing him what he considered due respect. After the loss of his case he closed his law office.
Federal judicial service
With the aid of his friends, he sought to return to the bench. He had already become nationally renowned for his reports, and his availability to become a federal judge was reported to President
Franklin Pierce
Franklin Pierce (November 23, 1804October 8, 1869) was the 14th president of the United States, serving from 1853 to 1857. He was a northern Democrat who believed that the abolitionist movement was a fundamental threat to the nation's unity ...
. Congress created the
Court of Claims (later the
United States Court of Claims
The Court of Claims was a federal court that heard claims against the United States government. It was established in 1855, renamed in 1948 to the United States Court of Claims (), and abolished in 1982. Then, its jurisdiction was assumed by the n ...
) to sit in
Washington, D.C.
)
, image_skyline =
, image_caption = Clockwise from top left: the Washington Monument and Lincoln Memorial on the National Mall, United States Capitol, Logan Circle, Jefferson Memorial, White House, Adams Morgan, ...
in 1855. Blackford was nominated by President Pierce, who remarked that there was no better qualified candidate in the nation, on March 3, 1855, to the Court of Claims, to a new seat authorized by 10 Stat. 612.
He was confirmed by the
United States Senate
The United States Senate is the upper chamber of the United States Congress, with the House of Representatives being the lower chamber. Together they compose the national bicameral legislature of the United States.
The composition and pow ...
on March 3, 1855, and received his commission the same day.
He served as Presiding Judge from 1858 to 1859.
The business of the court focused on financial claims against the government and was created as an investigative and deliberative body to help the Congress determine the validity of the claims and to lighten their workload. Given the type of cases dealt with, the decisions of the court received little attention and were primarily advisory in nature, recommending that Congress pay or not pay on the various claims. His service terminated on December 31, 1859, due to his death in Washington, D.C.
Death and legacy
Blackford's remains were returned to Indiana where he lay in state in the chambers of the Indiana Senate in Indianapolis, and the Indiana General Assembly passed resolutions honoring and celebrating his contributions to Indiana. His
bier
A bier is a stand on which a corpse, coffin, or casket containing a corpse is placed to lie in state or to be carried to the grave.''The American Heritage Dictionary of the English Language'' (American Heritage Publishing Co., Inc., New York, ...
was attended by thousands of citizens and numerous dignitaries. He was buried in Greenwood Cemetery on the edge of Indianapolis. In 1866 his remains were disinterred and were reburied at
Crown Hill Cemetery
Crown Hill Cemetery is a historic rural cemetery located at 700 West 38th Street in Indianapolis, Marion County, Indiana. The privately owned cemetery was established in 1863 at Strawberry Hill, whose summit was renamed "The Crown", a high poi ...
,
Indianapolis
Indianapolis (), colloquially known as Indy, is the state capital and most populous city of the U.S. state of Indiana and the seat of Marion County. According to the U.S. Census Bureau, the consolidated population of Indianapolis and Marion ...
,
Indiana
Indiana () is a U.S. state in the Midwestern United States. It is the 38th-largest by area and the 17th-most populous of the 50 States. Its capital and largest city is Indianapolis. Indiana was admitted to the United States as the 19th s ...
. There a high marble monument was erected over his grave in his honor. His entire estate was left to his half-sister Charlotte Teresa Coons and was worth an estimated $250,000 ($ in 2020
chained dollars
Chained dollars is a method of adjusting real dollar amounts for inflation over time, to allow the comparison of figures from different years. The U.S. Department of Commerce introduced the chained-dollar measure in 1996. It generally reflects doll ...
).
In 1915 a large oil painting of Blackford was donated to the Indiana Supreme Court, but was subsequently lost during a refurbishing of the Supreme Court offices. A search for the painting was undertaken, and it was rediscovered in 1958 and is hung prominently in the Indiana Supreme Court conference chambers.
Blackford County
Blackford County is located in the east central portion of the U.S. state of Indiana. The county is named for Judge Isaac Blackford, who was the first speaker of the Indiana General Assembly and a long-time chief justice of the Indiana Supreme ...
, Indiana was named in honor of Justice Blackford in 1838. Multiple buildings at
Purdue University
Purdue University is a public land-grant research university in West Lafayette, Indiana, and the flagship campus of the Purdue University system. The university was founded in 1869 after Lafayette businessman John Purdue donated land and money ...
are named in his honor. During his lifetime he became known as the "Indiana Blackstone" because of his renown for ''Blackford's Reports''. His reports remained in popular use many years after his death. Supreme Court librarian, circuit court judge, and historian
William Wheeler Thornton states that after Blackford left the Indiana Supreme Court, and once the position was made elective, the prestige of the court that had been built up by Blackford was gradually lost as it became more political and less judicial. It was not until 1971 that the court position was again made appointive. Current Indiana Supreme Court Chief Justice
Randall Shepard described Blackford as the "leading figure in shaping Indiana's judiciary." Blackford remains among the longest serving jurists is United States history, having spent 12,899 days as Chief justice, 1,764 on the Court of Claims, and 1,060 as an Indiana Territory Circuit Court judge, Blackford served a total 15,723 as a jurist.
Electoral history
Footnotes
References
Bibliography
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External links
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Isaac Newton Blackford at Findagrave
{{DEFAULTSORT:Blackford, Isaac
Judges of the United States Court of Claims
1786 births
1859 deaths
Burials at Crown Hill Cemetery
Speakers of the Indiana House of Representatives
Indiana Whigs
19th-century American politicians
United States federal judges appointed by Franklin Pierce
19th-century American judges
Blackford County, Indiana
Indiana Territory officials
People from Bound Brook, New Jersey
Politicians from Indianapolis
Indiana lawyers
Indiana Democratic-Republicans
Chief Justices of the Indiana Supreme Court
United States federal judges admitted to the practice of law by reading law
Princeton University alumni