Orville C. Pratt
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Orville C. Pratt (April 24, 1819 – October 1891) was an American jurist and attorney. He served as the 2nd Associate Justice of the
Oregon Supreme Court The Oregon Supreme Court (OSC) is the highest state court in the U.S. state of Oregon. The only court that may reverse or modify a decision of the Oregon Supreme Court is the Supreme Court of the United States.dissenting opinion A dissenting opinion (or dissent) is an opinion in a legal case in certain legal systems written by one or more judges expressing disagreement with the majority opinion of the court which gives rise to its judgment. Dissenting opinions are no ...
in the controversy over the
Oregon Territory The Territory of Oregon was an organized incorporated territory of the United States that existed from August 14, 1848, until February 14, 1859, when the southwestern portion of the territory was admitted to the Union as the State of Oregon. Ori ...
’s
capital Capital may refer to: Common uses * Capital city, a municipality of primary status ** List of national capital cities * Capital letter, an upper-case letter Economics and social sciences * Capital (economics), the durable produced goods used f ...
between
Oregon City ) , image_skyline = McLoughlin House.jpg , imagesize = , image_caption = The McLoughlin House, est. 1845 , image_flag = , image_seal = Oregon City seal.png , image_map ...
and
Salem Salem may refer to: Places Canada Ontario * Bruce County ** Salem, Arran–Elderslie, Ontario, in the municipality of Arran–Elderslie ** Salem, South Bruce, Ontario, in the municipality of South Bruce * Salem, Dufferin County, Ontario, part ...
.


Early life

Pratt was born on April 24, 1819 in
Ontario County, New York Ontario County is a county in the U.S. State of New York. As of the 2020 census, the population was 112,458. The county seat is Canandaigua. Ontario County is part of the Rochester, NY Metropolitan Statistical Area. In 2006, ''Progressive ...
.Corning, Howard M. Dictionary of Oregon History. Binfords & Mort Publishing, 1956. In New York he attended the Army Academy at West Point from 1837 to 1839. He then studied law in
Rochester, New York Rochester () is a City (New York), city in the U.S. state of New York (state), New York, the county seat, seat of Monroe County, New York, Monroe County, and the fourth-most populous in the state after New York City, Buffalo, New York, Buffalo, ...
, earning admission to the state bar in 1841. Pratt then moved to
Galena, Illinois Galena is the largest city in and the county seat of Jo Daviess County, Illinois, with a population of 3,308 at the 2020 census. A section of the city is listed on the National Register of Historic Places as the Galena Historic District. The ci ...
and set up practice in 1843.Terry, John. Oregon's Trails - Oregon's first judge left record that was often injudicious. ''
The Oregonian ''The Oregonian'' is a daily newspaper based in Portland, Oregon, United States, owned by Advance Publications. It is the oldest continuously published newspaper on the U.S. west coast, founded as a weekly by Thomas J. Dryer on December 4, 185 ...
'', December 10, 2006.


Oregon

In 1849, Pratt moved to Oregon to assume the position of judge on the Oregon Supreme Court. When he arrived he was the lone justice, so he exercised all of the judiciary’s powers from April 1849 until William Strong arrived 18 months later.Clatsop County District Court Judges.
Oregon Judicial Department. Retrieved January 14, 2008.
Pratt was appointed to the position by President
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. Then in 1852 when
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 ...
became President Pratt was removed as judge, and when he was nominated to become chief justice of the Oregon court
Stephen A. Douglas Stephen Arnold Douglas (April 23, 1813 – June 3, 1861) was an American politician and lawyer from Illinois. A senator, he was one of two nominees of the badly split Democratic Party for president in the 1860 presidential election, which wa ...
opposed the nomination and Pratt lost the nomination to
George Henry Williams George Henry Williams (March 26, 1823April 4, 1910) was an American judge and politician. He served as chief justice of the Oregon Supreme Court, was the 32nd Attorney General of the United States, and was elected Oregon's U.S. senator, and serve ...
. While in office Pratt was controversial, and was the judge during the controversial case of the
Cayuse Five The Cayuse Five were five members of the Native American tribe, the Cayuse of Oregon who were hanged for murder, in 1850. Their names were Clokomas, Isiaasheluckas, Kiamasumkin, Telakite, and Tomahas—note how these names are spelled varies ...
. He was known for traveling outside of the territory for his own personal gain, and took every opportunity to advance his personal, business, and political goals. During the dispute over the location of the capital in the territory, he took the minority position of choosing
Salem Salem may refer to: Places Canada Ontario * Bruce County ** Salem, Arran–Elderslie, Ontario, in the municipality of Arran–Elderslie ** Salem, South Bruce, Ontario, in the municipality of South Bruce * Salem, Dufferin County, Ontario, part ...
, ultimately Congress would decide the matter in Salem’s favor in 1852. After leaving the court he was a judge of admiralty in
Portland, Oregon Portland (, ) is a port city in the Pacific Northwest and the largest city in the U.S. state of Oregon. Situated at the confluence of the Willamette and Columbia rivers, Portland is the county seat of Multnomah County, the most populous co ...
in 1855 to 1856. He also practiced law with Alexander Campbell after failing to receiving a political office.Lansing, Ronald B. 2005. ''Nimrod: Courts, Claims, and Killing on the Oregon Frontier''. Pullman: Washington State University Press. p. 261. Pratt then tried to get the money from the
Ewing Young Ewing Young (1799-February 9, 1841) was an American fur trapper and trader from Tennessee who traveled in what was then the northern Mexico frontier territories of Santa Fe de Nuevo México and Alta California before settling in the Oregon Country. ...
estate, but ultimately the
Oregon Territorial Legislature Oregon's Territorial Legislature was a bicameral legislative body created by the United States Congress in 1848 as the legislative branch of the government of the Oregon Territory. The upper chamber Council and lower chamber House of Representati ...
and the Oregon Supreme Court denied the payment of the funds.


Later years

In 1856, Pratt moved to San Francisco. There he owned the
Rancho Aguas Frias Rancho Aguas Frias was a Mexican land grant in present-day Butte County, California given in 1844 by Governor Manuel Micheltorena to Antonio Maria Osio and his son Salvador Osio. Aguas Frias means "cold water" in Spanish. The grant, located so ...
and had a fortune estimated at over $1 million. In
California California is a U.S. state, state in the Western United States, located along the West Coast of the United States, Pacific Coast. With nearly 39.2million residents across a total area of approximately , it is the List of states and territori ...
, Pratt practiced law in a partnership with Alex Campbell before being elected as judge of the twelfth judicial district. While in that office, he ruled in favor of Charlotte L. Brown in her lawsuit against a San Francisco streetcar company after she was ejected for being African-American, helping to end what he termed the "barbaric practice" of racial segregation.Elaine Elinson and Stan Yogi, Wherever There’s a Fight: How Runaway Slaves, Suffragists, Immigrants, Strikers, and Poets Shaped Civil Liberties in California, Heyday Press, 2010, Chapter Four He was divorced in 1877, losing $750,000 ($15.5 million as measured in 2014 dollars) in the divorce settlement. His wife had discovered Pratt was having an affair, and in order to avoid prosecution for adultery he agreed to the large divorce settlement. He then married his former mistress, Eugenia Elizabeth Greene. Later in New York he was involved in a gambling issue where he refused to testify due to self incrimination issues. In 1886, the
University of Oregon The University of Oregon (UO, U of O or Oregon) is a public research university in Eugene, Oregon. Founded in 1876, the institution is well known for its strong ties to the sports apparel and marketing firm Nike, Inc, and its co-founder, billion ...
granted Pratt an honorary doctor of laws degree. Orville C. Pratt died in San Francisco in October 1891.


References

{{DEFAULTSORT:Pratt, Orville C. Justices of the Oregon Supreme Court 1819 births 1891 deaths People from Ontario County, New York United States Military Academy alumni California state court judges Lawyers from San Francisco 19th-century American judges 19th-century American lawyers