History

On November 4, 2004, the TSCHS held a luncheon in Knoxville celebrating the installation of tablets in the Supreme Court Building that honored all appellate court judges who have served during Tennessee statehood. Justice Riley Anderson made some brief remarks on that occasion which included an informal history of the Tennessee Supreme Court Historical Society:

...Not long after I was elected to the Supreme Court in 1990, I began to write a speech, which was to include certain elements of the history of the Supreme Court and the judicial system. Much to my surprise, there was no comprehensive history of the court. Rather, I had to search through a number of different publications to try to put together the semblance of a speech. I realized then that at some point there ought to be an organized effort to preserve the history of the court.

I later went to Frank Drowota, and he and I talked about the creation of a historical society. He suggested that we talk to the late Val Sanford to seek his help in organizing it. Val was a prominent Nashville lawyer, a partner of Governor Frank Clement and later a partner in Gullett, Sanford, Robinson and Martin. He was an expert on governmental law and chair of the Tennessee Law Review Commission. We met with Val in the summer of 1994, and he agreed to chair the effort to organize the Tennessee Supreme Court Historical Society. Val was the heart and soul of our organizing effort and prepared the first proposal for this society. If I could impose upon you a minute just to read his eloquent initial proposal for a Tennessee Supreme Court Historical Society:

Law is not merely a matter of words on a printed page. The words of constitutions, statutes and judicial decision – the language of contracts, wills deeds – all expressions of law – are rooted in the history of particular people, acting within the context of particular cultures, reflecting the interests common to particular times and places. Thus, to understand, appreciate, or evaluate the law of any state, it is necessary to know something of the history of that law and of the people who shaped it. Lawyers particularly, but, as well, all who take seriously their role as citizens, should foster that sense of the history of the law.

In Tennessee, we are approaching our 200th year as a state. Thus, it is now fitting for us as Tennesseans not only to commemorate our past, but also to preserve its records and strive to understand its significance. The central figures in the history of the law of Tennessee have been the judges who served as members of the Tennessee Supreme Court, who developed and shaped the law in their decisions. Unfortunately, there has been no organized effort to preserve the records of their lives and foster the recognition of their significance.

On these premises, and to these ends, this proposal is made to join in the organization of the Tennessee Supreme Court Historical Society.

Faithful to these words, Val brought the Supreme Court Historical Society into being, helped persuade one hundred and ten other persons to become founding members and served as the society’s first president. A statewide board of directors was elected and a plan of action adopted. Among other early active supporters were Max Bahner of Chattanooga, Ward DeWitt and Charles Warfield of Nashville, Federal Judge Harry Welford and Don Paine, Jack Wheeler, John Waters of Knoxville. As the Society matured, it needed a permanent staff and Gil Campbell who began as volunteer became its first executive director.

In 2002, the first major project of the society was completed – the publication of a history of the Tennessee Supreme Court. It was six years in the making and is the first book to include a comprehensive history of the Tennessee Supreme Court – from statehood in 1796 through the judicial election of 1998. In its 459 pages, it discusses the enormous diversity of issues the Tennessee courts have addressed over the two centuries – issues including slavery, reconstruction, the regulation of business, criminal law, capital punishment, developments in tort and negligence law and racial and gender equality.

It also discusses broader theses such as federalism, the principles of judicial review, judicial selection and tenure, and the ongoing importance of judicial independence. Finally, the book traces not only the work of the court and the relationship between the court’s work and the social and intellectual climate of the state, but also describes the personalities of the various members of the court and their backgrounds. The book was written by several authors and edited by James Ely, a professor at Vanderbilt Law School. It has been favorably received by historians and scholars and described as an outstanding example of collaborative scholarship. The Tennessee Library Association named A History of the Tennessee Supreme Court as History Book of the Year for 2002, having selected it from among sixteen books that were submitted.

The society, with the financial help of the Frist Foundation, has distributed the book free to all of the 410 public high schools in Tennessee and has involved the judges in each judicial district in presentation ceremonies.

Other Society projects include honoring past deceased justices with a review of their careers. Justice Henry was honored in December of 2001 and Justice Harbison was honored in December of 2002 at a reception and ceremony. Still other efforts of the society include collecting oral histories of each living justice and most past justices have been video-taped, including Justices Cooper, Fones, Reid, Daughtrey, and Brock. The Society has also collected historical materials for the purpose of educating the public about the judicial system, including preservation of early opinions in the archives.

Another major project of the Tennessee Supreme Court Historical Society, with the financial assistance of the Frist foundation, has been the dedication of tablets honoring all Appellate Court judges in Tennessee’s history from 1796 to date. The black marble tablets were dedicated in December of 2003 in the rotunda of the Supreme Court Building in Nashville, and, as you are aware, today at 2 p.m. will be the dedication of the tablets in the courtroom in East Tennessee’s Supreme Court Building.

The latest proposed project is a video version of A History of the Tennessee Supreme Court. The society has an active statewide Board of Directors of 29 members and a current membership of 212.

The Court and I are grateful to many of you for your assistance in forming the Supreme Court Historical Society, and I thank those of you who are members. By founding this historical organization, we honor our past, pay tribute to those who came before us and establish a path for continuing the efforts to document our uniquely important judicial history in this state. Hopefully through such efforts, the citizens of this state will appreciate and have grater respect for the laws of our state and the people who have shaped and interpreted those laws.

Thank you.