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Andrew Jackson: Lawyer, Judge and Legislator

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

Jackson continued to prosper professionally and financially, but further events would interrupt his legal career. In 1796 Tennessee achieved statehood, and Blount became one of its senators, while Jackson became its first congressman in the U.S. House of Representatives. A year later, Jackson replaced Blount as U.S. senator from Tennessee. However, his first experience in politics was bittersweet. He missed his wife, despised the lengthy and genteel procedures of legislating and agonized over a disastrous business transaction. In 1798 he left the Senate and went back to Nashville, not to return to national politics for 25 years.

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The ex-senator was not without work for long. A position had opened on the Tennessee Superior Court, and Jackson accepted the election by the legislature.

It is unclear whether Jackson wanted this office, but it was a steppingstone to the governorship, and it allowed him to remain in Tennessee with his beloved Rachel. The position paid $600 a year and required work in Jonesborough, Knoxville and Nashville.

Rulings were not generally recorded in Tennessee until after Jackson had left the bench, and only five of his written decisions have ever been located. Most sources credit Jackson with having the proper temperament, if not the scholarship, to preside over the state’s courts. According to Parton, ‘Tradition reports that he maintained the dignity and authority of the bench, while he was on the bench; and that his decisions were short, untechnical, un-learned, sometimes ungrammatical, and generally right.’

‘It is doubtful if a more unlearned judge ever sat on a bench,’ writes another biographer, ‘and it would be equally difficult to find one more determined to dispense justice according to his lights.’

The incident with Russell Bean occurred in March 1802, while Jackson was holding court in Jonesborough.

Bean had been the first white man born in what was to become Tennessee. Strong, brave, untamable, he was the embodiment of the frontier. He was also given to alcohol-induced fits of rage. In February 1802, when his wife gave birth to a child he suspected was not his, Bean clipped the infant’s ears. He was arrested, tried and convicted, but he managed to escape into the wilderness.

When Jackson arrived in Jonesborough to hold court, a nearby tavern went ablaze. Acting with typical daring and decisiveness, he led the fight to battle the blaze and possibly saved the town. He received some unexpected assistance from the outlaw Bean.

Bean had rushed into the burning barn, ‘tore doors from their hinges to release the horses, scaled the roofs of houses, spread wet blankets and,’ in the estimation of one witness, ‘did more than any two men except Judge Jackson.’

Bean was subsequently arrested and brought before Jackson to answer for his crime. It was at this point that he raged against the court officials and marched out of the building.

Jackson was no stranger to the vulgarities of the frontier, but he suffered no slight to his authority. Therefore, according to some sources, with his eyes ‘ablaze with fury at this assault upon the Majesty of the Law,’ he ordered the sheriff to immediately chase down Bean and bring him before the court.

The sheriff left, but soon returned meekly to report he was unable to apprehend the fugitive.

‘Summon a posse, then,’ Jackson ordered.

The sheriff once again left, but returned to report no man could be found to approach Bean, who had pledged to’shoot the first skunk that comes within ten feet.’

Jackson, so the story goes, angered as much — if not more — by the sheriff’s failure to carry out his orders as by Bean’s contempt, was determined to see his authority upheld.

‘Mr. Sheriff,’ Jackson said through clenched teeth,’since you cannot obey my orders, summon me; yes sir, summon me.’

‘Well, judge, if you say so, though I don’t like to do it; but if you will try, why I suppose I must summon you.’

Jackson adjourned court for 10 minutes and asked for firearms. In the center of the village, Bean was continuing his standoff, while the local citizens looked on, certain they were about to witness a killing. With a pistol in each hand, Jackson waded into the crowd and leveled one of his weapons at the outlaw.

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