John Titus (jurist)
Encyclopedia
John Titus was an American
attorney and jurist
. He served as Chief Justice of the Supreme Courts of both Utah
and Arizona Territory
.
. In addition to a strict fear of God
instilled by his Presbyterian
parents, he was educated in the Doylestown
public schools, Lane Theological Seminary
, and Washington College, Pennsylvania before graduating from a law course at Transylvania University
in 1837.
In 1840, Titus was admitted to the Pennsylvania bar
. He practiced law
in Bucks County before moving to Philadelphia in 1842. In 1843, Titus married widow Martha (Shaw) Buck. The marriage produced two children: Henry C. and Amanda W. Titus
In addition to practicing law in Philadelphia, Titus argued several cases before the Supreme Court of the United States
. During the 1850s he had become involved with the Know Nothing Party and ran for the Philadelphia Court of Common Pleas, losing his bid by one vote.
politics and had become a friend of United States Secretary of War
Simon Cameron
. He began lobbying for a government position and following passage of the Arizona Organic Act
was nominated to become United States Attorney
for the newly formed territory. Following confirmation, Titus resigned before taking up the position and was shortly thereafter nominated to replace John F. Kinney
as Chief Justice of the Utah Territorial Supreme Court. The newly appointed judge was commissioned on May 6, 1863.
While serving on the Utah bench, Titus followed a middle course between anti-Mormon interests and the LDS Church. Family tradition claims that the judge told Brigham Young
, "I am on this Bench to see that justice is done; when the Mormons have justice on their side they will get it, and when the Gentiles have justice on their side, they will get it." As a result of this outlook, Titus gained a reputation as an impartial and able justice. When his term ended in January 1868, Titus returned to his private law practice in Philadelphia.
, and due to his being the only candidate for the position, Titus was nominated to replace Henry T. Backus
as Associate Justice of the Arizona Territorial Supreme Court. President Ulysses S. Grant
made the nomination on March 15, 1869.
When Titus left for Arizona Territory, he left his wife and family in Philadelphia. The new judge arrived in Tucson
two days after his October court session was scheduled to begin. As per the rules in place at the time, the session was thus not held. In following years he would hold court twice per year, with sessions beginning on the first Monday of both March and October. Each session would begin with hearing of Federal cases. After all Federal issues were resolved, the court would then switch to hearing matters of Territorial law. In addition to these two sessions, all the Territorial Supreme Court justices would meet in the capital once per year to act as an appeals court.
Titus was promoted to Chief Justice on April 18, 1870, replacing William F. Turner
. Initial speculation was that Titus would move to Prescott
, where the former chief justice had presided, but the new chief justice chose to remain in Tucson, which was the territorial capital at the time.
Judge Titus generally conducted matters of the court in an efficient and professional manner. There were, however, two notable exceptions. The first began shortly after Titus' promotion to Chief Justice when Milton B. Duffield, Arizona Territory's first United States Marshal, appeared before the court on an assault charge. During the course of the proceedings, the judge ordered the defendant to surrender his pistol. Duffield refused to disarm himself. While the accused was brandishing his firearm, the prosecutor drew his gun, pressed it to the former marshal's head, and pulled the trigger. After the prosecutor's weapon failed to fire, Titus called for a recess. When court resumed, Duffield appeared unarmed but was outraged that Titus refused to consider charges against the prosecutor, ruling the attorney's actions would have been justified if his weapon had fired. Following the incident, Duffield held a grudge against Titus and engaged in an unsuccessful but persistent effort to have the judge removed from office.
The second unusual incident came during the Camp Grant massacre
's legal proceedings. Outrage at the April 1871 killing of over 80 Apaches peacefully encamped at the military camp near Tucson was felt as far away as Washington D.C., with Federal officials threatening to place the territory under martial law
if the attackers were not indicted
. A grand jury
was impaneled, which returned indictments against 100 men. The trial began on December 6, with both the defense and prosecution having agreed to try one of the leaders, Sidney R. DeLong, and have his fate determine the guilt of the other defendants. Titus was supportive of DeLong and used his discretion to help ensure a not guilty verdict. The defense did not contest the claim that DeLong had participated in the attack, but instead dwelt on the history of Apache attacks that had occurred in southern Arizona Territory over the previous months. When Titus gave his instructions to the jury, they included directions that "murderous intent" could not be proven if the defendants felt an "irresistible apprehension of danger to them or theirs from Apache attacks" or by "such a sense of intolerable suffering as impelled them in spite of themselves to make the attack . . .?" Following the judge's instructions, the jury needed only nineteen minutes to acquit the defendants.
During his tenure, Titus made several rulings with long-term impact. The first came during the January 1872 appellate session with United States v. Certain Property and William Bichard & Co., 1 Arizona 31 (1872). The case involved an instance in which the United States government had confiscated property from the Bichard brothers' trading post located near an Indian reservation
. Titus' opinion determined that the Federal government's ability to regulate commerce on the reservation did not extend to areas outside the reservation. A second important ruling came with Campbell v. Shivers, 1 Arizona 161 (1874), which dealt with the judiciary's ability to set the time for court sessions. Titus ruled that a judge had the sole right to set the date, but a compromise was made whereby the territorial legislature would choose a date that was then ratified by the courts.
News that Titus was being replaced as Chief Justice by Edmund Francis Dunne
arrived several days after the start of his March 1874 court session. Titus left the bench following the completion of his four-year term of office.
Titus died from typhoid fever
on October 16, 1876 in Tucson. In addition to his funeral service, territorial courts held memorial services for the former Chief Justice during their next scheduled sessions. His body was moved from its Tucson grave to Doylestown, Pennsylvania
's Presbyterian Churchyard one and one-half years later.
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
attorney and jurist
Jurist
A jurist or jurisconsult is a professional who studies, develops, applies, or otherwise deals with the law. The term is widely used in American English, but in the United Kingdom and many Commonwealth countries it has only historical and specialist usage...
. He served as Chief Justice of the Supreme Courts of both Utah
Utah Territory
The Territory of Utah was an organized incorporated territory of the United States that existed from September 9, 1850, until January 4, 1896, when the final extent of the territory was admitted to the Union as the State of Utah....
and Arizona Territory
Arizona Territory
The Territory of Arizona was an organized incorporated territory of the United States that existed from February 24, 1863 until February 14, 1912, when it was admitted to the Union as the 48th state....
.
Background
Titus was born on August 12, 1812 to William and Mary (Torens) Titus in Bucks County, PennsylvaniaBucks County, Pennsylvania
- Industry and commerce :The boroughs of Bristol and Morrisville were prominent industrial centers along the Northeast Corridor during World War II. Suburban development accelerated in Lower Bucks in the 1950s with the opening of Levittown, Pennsylvania, the second such "Levittown" designed by...
. In addition to a strict fear of God
Fear of God (religion)
The fear of God or fear of the is an attitude to religious practice advocated primarily in the Abrahamic religions. Since the term "of God" is singular, rather than plural "of the gods," the term implies monotheism.-Judaism:...
instilled by his Presbyterian
Presbyterianism
Presbyterianism refers to a number of Christian churches adhering to the Calvinist theological tradition within Protestantism, which are organized according to a characteristic Presbyterian polity. Presbyterian theology typically emphasizes the sovereignty of God, the authority of the Scriptures,...
parents, he was educated in the Doylestown
Doylestown, Pennsylvania
Doylestown is a borough in Bucks County, Pennsylvania, north of Philadelphia. As of the 2010 census, the borough population was 8,380. The borough is the county seat of Bucks County.- History :...
public schools, Lane Theological Seminary
Lane Theological Seminary
Lane Theological Seminary was established in the Walnut Hills section of Cincinnati, Ohio, in 1829 to educate Presbyterian ministers. It was named in honor of Ebenezer and William Lane, who pledged $4,000 for the new school, which was seen as a forward outpost of the Presbyterian Church in the...
, and Washington College, Pennsylvania before graduating from a law course at Transylvania University
Transylvania University
Transylvania University is a private, undergraduate liberal arts college in Lexington, Kentucky, United States, affiliated with the Christian Church . The school was founded in 1780. It offers 38 majors, and pre-professional degrees in engineering and accounting...
in 1837.
In 1840, Titus was admitted to the Pennsylvania bar
Admission to the bar in the United States
In the United States, admission to the bar is the granting of permission by a particular court system to a lawyer to practice law in that system. Each U.S. state and similar jurisdiction has its own court system and sets its own rules for bar admission , which can lead to different admission...
. He practiced law
Legal practice
Legal practice is sometimes used to distinguish the body of judicial or administrative precedents, rules, policies, customs, and doctrines from legislative enactments such as statutes and constitutions which might be called "laws" in the strict sense of being commands to the general public, rather...
in Bucks County before moving to Philadelphia in 1842. In 1843, Titus married widow Martha (Shaw) Buck. The marriage produced two children: Henry C. and Amanda W. Titus
In addition to practicing law in Philadelphia, Titus argued several cases before the Supreme Court of the United States
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
. During the 1850s he had become involved with the Know Nothing Party and ran for the Philadelphia Court of Common Pleas, losing his bid by one vote.
Utah Territory
By 1861 Titus was active in RepublicanRepublican Party (United States)
The Republican Party is one of the two major contemporary political parties in the United States, along with the Democratic Party. Founded by anti-slavery expansion activists in 1854, it is often called the GOP . The party's platform generally reflects American conservatism in the U.S...
politics and had become a friend of United States Secretary of War
United States Secretary of War
The Secretary of War was a member of the United States President's Cabinet, beginning with George Washington's administration. A similar position, called either "Secretary at War" or "Secretary of War," was appointed to serve the Congress of the Confederation under the Articles of Confederation...
Simon Cameron
Simon Cameron
Simon Cameron was an American politician who served as United States Secretary of War for Abraham Lincoln at the start of the American Civil War. After making his fortune in railways and banking, he turned to a life of politics. He became a U.S. senator in 1845 for the state of Pennsylvania,...
. He began lobbying for a government position and following passage of the Arizona Organic Act
Arizona Organic Act
The Arizona Organic Act was a United States federal law introduced as H.R. 357 in the 2d session of the 37th Congress on March 12, 1862, by Rep. James M. Ashley of Ohio. The Act provided for the creation of the Arizona Territory by the division of the New Mexico Territory into two territories,...
was nominated to become United States Attorney
United States Attorney
United States Attorneys represent the United States federal government in United States district court and United States court of appeals. There are 93 U.S. Attorneys stationed throughout the United States, Puerto Rico, the U.S. Virgin Islands, Guam, and the Northern Mariana Islands...
for the newly formed territory. Following confirmation, Titus resigned before taking up the position and was shortly thereafter nominated to replace John F. Kinney
John F. Kinney
John Fitch Kinney was a prominent American attorney, judge, and Democratic politician. He served as Justice of the Supreme Court of Iowa, twice as Chief Justice of the Supreme Court of the Territory of Utah and one term as the Territory of Utah's Delegate in the House of Representatives of the...
as Chief Justice of the Utah Territorial Supreme Court. The newly appointed judge was commissioned on May 6, 1863.
While serving on the Utah bench, Titus followed a middle course between anti-Mormon interests and the LDS Church. Family tradition claims that the judge told Brigham Young
Brigham Young
Brigham Young was an American leader in the Latter Day Saint movement and a settler of the Western United States. He was the President of The Church of Jesus Christ of Latter-day Saints from 1847 until his death in 1877, he founded Salt Lake City, and he served as the first governor of the Utah...
, "I am on this Bench to see that justice is done; when the Mormons have justice on their side they will get it, and when the Gentiles have justice on their side, they will get it." As a result of this outlook, Titus gained a reputation as an impartial and able justice. When his term ended in January 1868, Titus returned to his private law practice in Philadelphia.
Arizona Territory
In early 1869, Titus again sought appointment to a Federal position. Based upon the recommendation of Richard C. McCormick, John N. Goodwin, and Coles BashfordColes Bashford
Coles Bashford was an American lawyer and politician who became the fifth Governor of Wisconsin. His one term as governor ended in a bribery scandal that forced him to leave the state, but he was later instrumental in the government of the newly formed Arizona Territory.-Early life and...
, and due to his being the only candidate for the position, Titus was nominated to replace Henry T. Backus
Henry T. Backus
Henry Titus Backus was a politician from the U. S. state of Michigan and judge from the Arizona Territory.-Early life:...
as Associate Justice of the Arizona Territorial Supreme Court. President Ulysses S. Grant
Ulysses S. Grant
Ulysses S. Grant was the 18th President of the United States as well as military commander during the Civil War and post-war Reconstruction periods. Under Grant's command, the Union Army defeated the Confederate military and ended the Confederate States of America...
made the nomination on March 15, 1869.
When Titus left for Arizona Territory, he left his wife and family in Philadelphia. The new judge arrived in Tucson
Tucson, Arizona
Tucson is a city in and the county seat of Pima County, Arizona, United States. The city is located 118 miles southeast of Phoenix and 60 miles north of the U.S.-Mexico border. The 2010 United States Census puts the city's population at 520,116 with a metropolitan area population at 1,020,200...
two days after his October court session was scheduled to begin. As per the rules in place at the time, the session was thus not held. In following years he would hold court twice per year, with sessions beginning on the first Monday of both March and October. Each session would begin with hearing of Federal cases. After all Federal issues were resolved, the court would then switch to hearing matters of Territorial law. In addition to these two sessions, all the Territorial Supreme Court justices would meet in the capital once per year to act as an appeals court.
Titus was promoted to Chief Justice on April 18, 1870, replacing William F. Turner
William F. Turner
William F. Turner was the first Chief Justice of the Territory of Arizona, serving in that capacity for about 7 years. He presided over the Territorial Supreme Court of Arizona.-Early life:...
. Initial speculation was that Titus would move to Prescott
Prescott, Arizona
Prescott is a city in Yavapai County, Arizona, USA. It was designated "Arizona's Christmas City" by Arizona Governor Rose Mofford in the late 1980s....
, where the former chief justice had presided, but the new chief justice chose to remain in Tucson, which was the territorial capital at the time.
Judge Titus generally conducted matters of the court in an efficient and professional manner. There were, however, two notable exceptions. The first began shortly after Titus' promotion to Chief Justice when Milton B. Duffield, Arizona Territory's first United States Marshal, appeared before the court on an assault charge. During the course of the proceedings, the judge ordered the defendant to surrender his pistol. Duffield refused to disarm himself. While the accused was brandishing his firearm, the prosecutor drew his gun, pressed it to the former marshal's head, and pulled the trigger. After the prosecutor's weapon failed to fire, Titus called for a recess. When court resumed, Duffield appeared unarmed but was outraged that Titus refused to consider charges against the prosecutor, ruling the attorney's actions would have been justified if his weapon had fired. Following the incident, Duffield held a grudge against Titus and engaged in an unsuccessful but persistent effort to have the judge removed from office.
The second unusual incident came during the Camp Grant massacre
Camp Grant Massacre
The Camp Grant Massacre, on April 30, 1871, was an attack on Pinal and Aravaipa Apaches who surrendered to the United States Army at Camp Grant, Arizona, along the San Pedro River. The massacre led to a series of battles and campaigns fought between the Americans, the Apache, and their Yavapai...
's legal proceedings. Outrage at the April 1871 killing of over 80 Apaches peacefully encamped at the military camp near Tucson was felt as far away as Washington D.C., with Federal officials threatening to place the territory under martial law
Martial law
Martial law is the imposition of military rule by military authorities over designated regions on an emergency basis— only temporary—when the civilian government or civilian authorities fail to function effectively , when there are extensive riots and protests, or when the disobedience of the law...
if the attackers were not indicted
Indictment
An indictment , in the common-law legal system, is a formal accusation that a person has committed a crime. In jurisdictions that maintain the concept of felonies, the serious criminal offence is a felony; jurisdictions that lack the concept of felonies often use that of an indictable offence—an...
. A grand jury
Grand jury
A grand jury is a type of jury that determines whether a criminal indictment will issue. Currently, only the United States retains grand juries, although some other common law jurisdictions formerly employed them, and most other jurisdictions employ some other type of preliminary hearing...
was impaneled, which returned indictments against 100 men. The trial began on December 6, with both the defense and prosecution having agreed to try one of the leaders, Sidney R. DeLong, and have his fate determine the guilt of the other defendants. Titus was supportive of DeLong and used his discretion to help ensure a not guilty verdict. The defense did not contest the claim that DeLong had participated in the attack, but instead dwelt on the history of Apache attacks that had occurred in southern Arizona Territory over the previous months. When Titus gave his instructions to the jury, they included directions that "murderous intent" could not be proven if the defendants felt an "irresistible apprehension of danger to them or theirs from Apache attacks" or by "such a sense of intolerable suffering as impelled them in spite of themselves to make the attack . . .?" Following the judge's instructions, the jury needed only nineteen minutes to acquit the defendants.
During his tenure, Titus made several rulings with long-term impact. The first came during the January 1872 appellate session with United States v. Certain Property and William Bichard & Co., 1 Arizona 31 (1872). The case involved an instance in which the United States government had confiscated property from the Bichard brothers' trading post located near an Indian reservation
Indian reservation
An American Indian reservation is an area of land managed by a Native American tribe under the United States Department of the Interior's Bureau of Indian Affairs...
. Titus' opinion determined that the Federal government's ability to regulate commerce on the reservation did not extend to areas outside the reservation. A second important ruling came with Campbell v. Shivers, 1 Arizona 161 (1874), which dealt with the judiciary's ability to set the time for court sessions. Titus ruled that a judge had the sole right to set the date, but a compromise was made whereby the territorial legislature would choose a date that was then ratified by the courts.
News that Titus was being replaced as Chief Justice by Edmund Francis Dunne
Edmund Francis Dunne
Edmund Francis Dunne , born Edmund Francis O'Dunne, was an American politician and jurist who served as Chief Justice of the Supreme Court of Arizona Territory. During his early career he served in the California State Legislature and as a member of the Nevada constitutional convention...
arrived several days after the start of his March 1874 court session. Titus left the bench following the completion of his four-year term of office.
Later life
After leaving the bench, Titus remained in Tucson, where he returned to private practice and formed a partnership with L. C. Hughes. The influence of Hughes' Democratic politics caused concern for the predominantly Republican territorial leadership when Titus was considered for reappointment following the removal of Chief Justice Dunne. The former Chief Justice was not, however, renominated.Titus died from typhoid fever
Typhoid fever
Typhoid fever, also known as Typhoid, is a common worldwide bacterial disease, transmitted by the ingestion of food or water contaminated with the feces of an infected person, which contain the bacterium Salmonella enterica, serovar Typhi...
on October 16, 1876 in Tucson. In addition to his funeral service, territorial courts held memorial services for the former Chief Justice during their next scheduled sessions. His body was moved from its Tucson grave to Doylestown, Pennsylvania
Doylestown, Pennsylvania
Doylestown is a borough in Bucks County, Pennsylvania, north of Philadelphia. As of the 2010 census, the borough population was 8,380. The borough is the county seat of Bucks County.- History :...
's Presbyterian Churchyard one and one-half years later.