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Andrew Jackson: Lawyer, Judge and Legislator

By Christopher G. Marquis | American History  | 0 comments  | Print This Post  | Email This Post

The bear-sized man, on trial for mutilating a child’s ears, stormed about the court, cursing out judge, jury and any man who would try to subdue him. Russell Bean, the ‘great, hulking fellow,’ as one commentator described him, had had enough of lawyers and law books. Bean marched out of the small courthouse into the town square of Jonesborough, Tennessee, wielding a pistol and bowie knife and threatening to kill anyone who dared approach.

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A crowd gathered to watch the spectacle. Since, as time passed, no one attempted to apprehend the fugitive, it appeared that Mr. Bean would retain his freedom.

Suddenly, a challenger appeared in the doorway of the courthouse. All eyes focused on the tall, thin man with a pistol clutched in each hand. He advanced deliberately toward Bean. All the bystanders and even the raging giant fell silent. As the pursuer leveled one of his pistols, the onlookers were amazed to see that it was none other than the presiding judge himself. Andrew Jackson of the Tennessee Superior Court had come, determined to preserve justice on the frontier against any threat.

Before the Creek War and the Battle of New Orleans made Jackson a national hero, he earned his living in the legal profession. It may seem strange that someone like Jackson, who famously preferred action to words and would one day defy a Supreme Court decision as president, should turn to the practice of law. But the establishment of justice in the early days of the republic often required a man of Jackson’s skill and demeanor.

In the early 19th century, Tennessee lay on the edge of American civilization. Indian raids, encouraged by both British and Spanish colonial leaders, were still common. The nation’s new capital, Washington, D.C., was more than 600 miles away, with not nearly the influence on local affairs now exercised by the federal government. Life was tough and, as one writer put it, often the settlers would rather have ‘an ounce of justice than a pound of law.’ Jackson fit the bill. He practiced his profession with the same righteous intensity he brought to all of his endeavors.

Jackson first began to take an interest in law following the American Revolution. Several factors in the state of the nation made this an attractive choice. America’s recently earned independence meant a new legal system had to be established specific to the country and to each state. Many pro-British Tory barristers had fled the new nation, leaving a void in the profession for young American lawyers to fill. Additionally, the ceaseless westward movement of new settlers meant there would be a frontier in need of taming. Good lawyers and judges were imperative to civilizing the wilderness. After a church, a courthouse was usually the next public building to appear in any settlement of consequence.

While it is not clear why Jackson consciously chose to practice law, it is clear why he selected a career that would take him away from his birthplace in the Waxhaw District straddling North and South Carolina, where he was born on March 15, 1767. The Revolution had raged through the area, pitting pa-triot Whig against Tory, neighbor against neighbor and father against son. Following in the footsteps of his older brothers, young Andrew joined the cause of independence at age 13. Jackson was eventually captured and imprisoned. During his captivity, he was wounded by a British officer and he contracted smallpox. His father had died before he was born, and his two brothers and mother perished during the war.

Having suffered through hardship, severe wounding, life-threatening illness and the loss of his immediate family, Jackson never forgot the price he and others had paid to obtain America’s liberties. By 1783 Jackson was a 16-year-old orphan living with members of his mother’s family. His surviving relatives apparently held little affection for the irascible boy, who looked desperately for an escape from their staid existence. To remain in the Waxhaws meant to have a quiet, modest life. Such was not Jackson’s fate.

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