Nathaniel Bennett Explained

Nathaniel Bennett
Office:Associate Justice of the California Supreme Court
Term Start:December 22, 1849
Term End:January 1, 1852
Appointer:Legislature
Predecessor:New office created by adoption of the Constitution of 1849
Successor:Hugh Murray
Office1:Senator from the district of San Francisco, California State Senate
Term Start1:December 15, 1849
Term End1:December 21, 1849
Appointer1:Direct election
Predecessor1:New seat at creation of state
Successor1:David C. Broderick
Birth Date:27 June 1818
Birth Place:Clinton, New York, U.S.
Death Place:San Francisco, California, U.S.
Alma Mater:Hamilton College
Yale University (B.A.)

Nathaniel Bennett (June 27, 1818  - April 20, 1886) was one of the first Associate Justices of the California Supreme Court.

Early life and education

On June 27, 1818, Bennett was born in Clinton, New York, to a family of merchants and farmers.[1] Bennett was raised on a farm in Erie County, New York, and beginning at age 12 he attended military academies in Buffalo and then in Canandaigua, New York.[2] In 1835, he studied at Hamilton College for one year, and then completed his degree at Yale University.[3] After graduation, he read law and was admitted to the New York bar in 1840 as an attorney and in 1843 as a counselor.[4] He then engaged in private practice with Eli Cook, whose brother was an attorney in California.

In Bennett's youth, he was a follower of the Democratic Party, but a horseback tour in Fall 1842 of several southern states caused him to switch his allegiance.[1] Questioning his previous politics, he followed the Barnburner faction of the Democratic Party, attending the 1848 convention in Buffalo that nominated Martin Van Buren for President of the United States.[2] In 1856, Bennett joined the Republican Party at its formation.

Legal and judicial career

In January 1849, Bennett and a group of friends decided to move to California. Arriving in June 1849, they went to mine the gold fields on the Tuolumne River.[1] In Fall 1849, he returned to San Francisco and began a law firm with John Satterlee, who was part of the group which moved with Bennett and in 1851 became a judge of the San Francisco Superior Court.[5] After the adoption of the constitution of California in November 1849, Bennett was elected a state senator from the district of San Francisco.[6]

In December 1849, the new legislature elected Bennett, along with Henry A. Lyons, as the first associate justices, and S. Clinton Hastings as chief justice.[7] [8] On December 24, 1849, Bennett resigned his Senate seat to take up his court position.[9] [10] In the winter of 1849–1850, he helped prepare the Senate Judiciary committee report to the Legislature on recommendations on adoption of the civil or common law.[11] One commentator describes Bennett as one "whose decisions alone, among the early justices, show any considerable acquaintance with the Spanish Mexican system."[12] In October 1850, he delivered a speech on the occasion of California statehood before a large crowd in San Francisco.[13] [14] [15] [16] On October 3, 1851, he resigned from the court,[17] having accepted "financial inducements" from a group of influential land owners who were hoping the court would reverse his decision in Woodworth v. Fulton (1850) 1 Cal. 295.[18] His seat was filled by Governor John McDougall with the appointment of Hugh Murray.[19]

During 1851 to 1852, Bennett served as California Reporter of Decisions and, in 1853, he published the first volume of Supreme Court cases.[20]

After leaving the court, Bennett joined a law practice with Horace Hawes, William G. Wood, and Elisha Cook (the brother of Eli Cook, his former partner in New York) in the firm of Hawes, Wood & Cook.[21] In 1852–1853, Bennett returned home to New York to visit his family. On his return to California, he continued to practice law, including real estate title and mining litigation.[22] [23]

In May 1856, Bennett was a delegate from the Fourth Ward of San Francisco and served as president of the Republican Party Convention held in San Francisco.[24] [25] At the convention, the Party nominated him to run again for the California Supreme Court on the same platform as Edward Stanly for governor, but he lost the 1857 election for Chief Justice to Stephen J. Field.[26] [27]

After the defeat, in 1858 Bennett returned to Washington, D.C., on business and to his home to New York for two years.[28] In 1859, while in Washington, he successfully argued before the Supreme Court of the United States the pueblo land grant case involving Rancho Corral de Tierra (Vasquez).[29] [30] [31] Back in California, he continued to practice law and appeared many times before the state Supreme Court. In 1863, he advertised a law partnership with H. S. Love, called Bennett & Love.[32] In January 1867, he and Elisha Cook[33] began a law practice and published the Pacific Law Magazine, targeted at the bar.[34] Later, he formed the firm of Bennett, Machin & Owen.[35]

Bennett maintained an active role in public life. In May 1869, he delivered another speech in San Francisco at the completion of the Pacific Railroad.[36] [37] In July 1869, continuing his interest in politics, his name was put forward at the state Republican convention to fill the Supreme Court vacancy from the retirement of Oscar L. Shafter. However, O. L. Pratt received the nomination instead.[38] In October 1879, Bennett ran for Chief Justice of the California Supreme Court under the New Constitution Party, but garnered only one-third of the votes cast for the victor, Robert F. Morrison.[39] [40] [41] [42]

On April 20, 1886, Bennett died in San Francisco,[43] and in his will he bequeathed his volume of Isocrates Orations to the Mercantile Library. The book was referred to as "probably the oldest printed book in California."[44]

Civic activities

Bennett was a member of the Society of California Pioneers.

Personal life

Bennett's wife died a few months before him.[45] They had no children.[43] [46]

See also

External links

Notes and References

  1. Book: Shuck. Oscar Tully. History of the Bench and Bar of California: Being Biographies of Many Remarkable Men, a Store of Humorous and Pathetic Recollections, Accounts of Important Legislation and Extraordinary Cases, Comprehending the Judicial History of the State. 1901. Commercial Printing House. Los Angeles, CA. 445–446. July 31, 2017. Entry for Nathaniel Bennett.
  2. Book: Shuck. Oscar Tully. Representative and leading men of the Pacific. 1870. Bacon and Company. 545. August 1, 2017.
  3. Web site: Hamilton College catalogue. Hamilton College. July 31, 2017. Clinton, NY. 62. 1884. Obituary Record for 1885-86, Class of 1835, Nathaniel Bennett.
  4. News: Supreme Court, October Term. July 31, 2017. New-York Daily Tribune. Library of Congress Historic Newspapers. November 1, 1843. 2. The following is a list of the counselors and attorneys admitted to practice, after examination on Thursday: Counsellors-Nathaniel Bennett, Jr..
  5. News: Demise of Judge Satterlee. July 31, 2017. Daily Alta California. California Digital Newspaper Collection. 21 January 1876. 1.
  6. News: Election - The Results. July 25, 2017. Weekly Alta California. California Digital Newspaper Collection. 15 November 1849. San Francisco, Nathaniel Bennett, elected, 1,592 votes.
  7. Web site: California Supreme Court History. California Supreme Court Historical Society. 2011-08-01. 2011-08-06. https://web.archive.org/web/20110806050909/http://cschs.org/02_history/02_a.html. dead.
  8. News: The Officers of the new State. July 31, 2017. Weekly Alta California. 52. California Digital Newspaper Collection. 29 December 1849. 3.
  9. Web site: JoinCalifornia - Nathaniel Bennett. joincalifornia.com.
  10. News: The First Legislature of California. July 25, 2017. Weekly Alta California. 52. California Digital Newspaper Collection. 29 December 1849. 1. RESIGNATION. — Hon. Nathaniel Bennett, Senator from the District of San Francisco and Wm. Van Voorhies Representatives, have resigned their seats in their respective bodies..
  11. http://clerk.assembly.ca.gov/sites/clerk.assembly.ca.gov/files/archive/DailyJournal/1849/Volumes/1849_50_jnl.pdf#page=1 Journals, Legislature of California
  12. McMurray. Orrin K.. The Beginnings of the Community Property System in California and the Adoption of the Common Law. California Law Review. July 1915. 3. 5. 359–380, at 365, 368, 374 and 375. 10.2307/3474579. 3474579.
  13. News: The Levee Again. July 31, 2017. Sacramento Transcript. 2. California Digital Newspaper Collection. 26 October 1850. 2. Judge Nathaniel Bennett delivers the address..
  14. News: The Celebrations of the Admission. July 31, 2017. Daily Alta California. 141. California Digital Newspaper Collection. 9 September 1857. 9. 1. and on the 30th of that month, a grand celebration followed, with an oration by Nathaniel Bennett.
  15. News: Admission Day. July 31, 2017. Daily Alta California. 10377. California Digital Newspaper Collection. 9 September 1878. 30. 1.
  16. News: Forty Years Ago, Celebration of California's Birthday as a State. July 31, 2017. Daily Alta California. 70. California Digital Newspaper Collection. 8 September 1890. 83. 1. Full text of Bennett's oration.
  17. Web site: San Francisco History - Historical Abstract of San Francisco, 1897, A-C. SFgenealogy.org.
  18. Grodin. Joseph R.. California's Supreme Court and Constitution The Early Years. San Francisco Attorney. 2003. 29. 2. 141–162, 143, fn 13. July 25, 2017.
  19. Book: Johnson. J. Edward. History of the California Supreme Court: The Justices 1850-1900, vol 1. 1963. Bender Moss Co. San Francisco, CA. 36–42. August 14, 2017. https://web.archive.org/web/20161227124913/http://library.courtinfo.ca.gov/included/docs/SCJC_Vol_1.pdf. December 27, 2016. dead.
  20. News: Literary Reviews. July 31, 2017. The New York Herald. August 24, 1852. 3. Reports of Cases Argued and Determined in the Supreme Court of the State of California, by Nathaniel Bennett. New York: Chas. B. Norton, 1852.
  21. News: Law Copartnership. July 31, 2017. Daily Alta California. 260. California Digital Newspaper Collection. 29 August 1851. 2. 4.
  22. News: District Court. July 31, 2017. Daily Alta California. 304. California Digital Newspaper Collection. 22 November 1853. 4. 3. Action to recover the value of six inches of a partition wall, resting on defendant's lot. Referred to Nathaniel Bennett, Esq., to report an opinion..
  23. News: Supreme Court. July 31, 2017. Sacramento Daily Union. 1311. California Digital Newspaper Collection. 7 June 1855. 9. 2. In the matter of Adams & Co., Nathaniel Bennett opened on behalf of the attaching creditors.
  24. News: Republican State Convention. July 25, 2017. Sacramento Daily Union. 1588. California Digital Newspaper Collection. 28 April 1856. 11. 3. Delegates: Fourth Ward.— Nathaniel Bennett.
  25. News: Republican State Convention, First Day. July 25, 2017. Sacramento Daily Union. 1591. California Digital Newspaper Collection. 1 May 1856. 11. 3. On motion of Mr. Collins, a committee of nine was appointed by the chair on platform and resolutions, and the following gentlemen duly selected : Nathaniel Bennett, San Francisco.
  26. News: Republican State Ticket. July 31, 2017. Marysville Daily Herald. 284. California Digital Newspaper Collection. 11 July 1857. 2.
  27. News: Returns of the Election. July 31, 2017. Daily Alta California. 138. California Digital Newspaper Collection. 6 September 1857. 9. 2.
  28. News: The Johnson Guano Islands. July 31, 2017. Daily Alta California. 345. California Digital Newspaper Collection. 16 December 1858. 10. 3.
  29. News: Supreme Court Decisions. July 31, 2017. Sacramento Daily Union. 2891. California Digital Newspaper Collection. 2 July 1860. 19. 8. Resolved, That we recognize with thankfulness and pride the services of our distinguished fellow citizen, Nathaniel Bennett, before the Supreme Court of the United States, in defeating that most impudent and preposterous of all the claims presented to the late Board of Land Commissioners— 'Santillan Grant'.
  30. Book: Hittell. Theodore Henry. History of California, Volume 3. 1897. N. J. Stone. 696. July 31, 2017.
  31. News: Supreme Court. July 31, 2017. Evening Star (Washington, D.C.). Library of Congress Historic Newspapers. March 31, 1860. 3. Yesterday...Nathaniel Bennett, Esq., of California were admitted attorneys and counselors of this Court..
  32. News: Bennett & Love. July 31, 2017. Marin Journal. 16. California Digital Newspaper Collection. 4 July 1863. 3. 3.
  33. News: Death of Elisha Cook. July 31, 2017. Sonoma Democrat. 13. California Digital Newspaper Collection. 6 January 1872. 4.
  34. News: The Pacific Law Magazine. July 31, 2017. Marysville Daily Appeal. 13. California Digital Newspaper Collection. 16 January 1867. 3.
  35. News: Solvent Debts and the Board of Equalization. July 25, 2017. Sacramento Daily Union. 6919. California Digital Newspaper Collection. 6 June 1873. 45. 2. Within the past few days motions for rehearing with briefs have been filed in the Supreme Court by...J. B. Felton, Nathaniel Bennett and W. Hayes, for plaintiffs, in the case of Bartlett Doe et al. vs. Austin et al..
  36. News: The Railway Jubilee. July 31, 2017. Daily Alta California. 6987. California Digital Newspaper Collection. 6 May 1869. 21. 1.
  37. News: The Pacific Railroad, Its Completion Celebrated. July 31, 2017. Daily Alta California. 6990. California Digital Newspaper Collection. 9 May 1869. 21. 1. Full text of speech by Nathaniel Bennett.
  38. News: Evening Session— Adoption of Platform-Nomination of Judges=Lorenzo Sawyer and O. C. Pratt for the Supreme Bench. July 31, 2017. Daily Alta California. California Digital Newspaper Collection. 22 July 1869. 1. Charles A. Tuttle nominated ex-Judge Nathaniel Bennett, of San Francisco, prefacing it with highly eulogistic remarks on his character, judicial learning and fitness.
  39. News: The Supreme Court, From Chief Justice Hastings to Chief Justice Beatty.. July 31, 2017. San Francisco Call. 22. California Digital Newspaper Collection. 22 June 1895. 78. 5.
  40. News: The Election. July 31, 2017. Daily Alta California. 10767. California Digital Newspaper Collection. 6 October 1879. 31. 1.
  41. News: New Constitution Party. July 31, 2017. Sacramento Daily Union. 8. California Digital Newspaper Collection. 25 June 1879. 2.
  42. News: Its Work Ended. July 31, 2017. Daily Alta California. 10668. California Digital Newspaper Collection. 28 June 1879. 31. 1.
  43. News: Death of Judge Bennett. July 31, 2017. Los Angeles Herald. 42. California Digital Newspaper Collection. 22 April 1886. 25. 1.
  44. News: The Will of Nathanlel Bennett. July 31, 2017. Daily Alta California. 13399. California Digital Newspaper Collection. 4 May 1886. 40. 2.
  45. News: A Terrible Assault. July 31, 2017. Sacramento Daily Union. 7054. California Digital Newspaper Collection. 12 November 1873. 46. 1.
  46. News: Judge Bennett Dead. July 31, 2017. Daily Alta California. 13387. California Digital Newspaper Collection. 22 April 1886. 40. 8.

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