Page:The Green Bag (1889–1914), Volume 11.pdf/544

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Supreme Court of Mississippi.

507

By the constitution of 1869, the title of position of secretary of warwhichhe declined. the tribunal was changed to the "Supreme He remained opposed to secession, and was Court of Mississippi" and the judges were in 1865 appointed governor of Mississippi appointed by the governor with the advice by President Johnson. He was afterwards and consent of the Senate. The provisions elected to the United States Senate, but, of the constitution of 1869 are practically with other southern senators, was denied his seat. He was one of the most able jurists perpetuated in the constitution of 1890. The first election under the constitution of who ever adorned the bench. He died in 1832 placed upon the bench, William L. 1873, "full of years and full of honors."

Cotesworth P. Smith was a native of South Sharkey, Cotesworth P. Smith, and Daniel Carolina. He came W. Wright. to Wilkinson county, Justice Sharkey Mississippi, in his was born in Tennes boyhood, received see in 1797. His a meager education, parents settled in but, being endowed Warren county in with fine natural tal 1803. He began ents, and possessed his career with of much energy and "parts and pover ambition, turned his ty." With his own attention to the law earnings, he attend and made rapid pro ed school at Green gress. He was ville, Tenn., and af elected to the lower terwards studied house of the State law at Lebanon. legislature in 1826, He was admitted to to the Senate in the bar at Natchez 1830, and to the in 1822. He moved High Court bench to Vicksburg in in 1833. His term 1825, and was elect expired in 1837. In ed to the legislature 1 840, he was ap in 1827. He was pointed to fill the earnestly opposed vacancy caused by to the clause of the HORATIO F. S1MRALL. the death of Mr. constitution provid Justice Pray, but ing for the election was succeeded during the same year by of judges, and yet was promoted by elec tion to the first bench, served there as chief Mr. Justice Turner. He was again elected to the bench in 1849, and was made chief justice for eighteen years, and, when the lia justice. He delivered the opinion of the bility of the State for the payment of the bonds of the Union Bank was in issue, was court in the famous case of the State of triumphantly reelected in the face of his Mississippi v. Johnson, 25 Miss. R., holding declaration that the State was liable, over a that the State was liable for the payment of the bonds of the Union Bank. He died lawyer of ability who entertained the oppo site opinion. Judge Sharkey was a member in 1863. The memorial resolutions adopted of the Nashville convention held in 1850. by the bar characterized him as "a judge President Fillmore then tendered to him the without fear and without reproach, a. citizen