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Law and Legacy in the Bluegrass Thomas Todd

Thomas Todd was a trailblazer in the Kentucky legal industry. Todd served as one of Kentucky’s earliest attorneys, judges, clerks, and justices. He played a pivotal role in Kentucky’s transformation from Virginia to the Commonwealth of Kentucky.

Thomas Todd was born on January 23rd, 1765, in Queen County, Virginia. He had a sense of patriotism and pride in his nation from a young age. At the age of 16, Todd joined the Continental Army as a private for the final months of the Revolutionary War. Once the war ended and Todd returned home, he enrolled at and attended Liberty Hall Academy (Washington and Lee) in Virginia. In exchange for room and board, Todd worked as a Tutor while enrolled at Liberty Hall. He graduated in 1783. Following graduation, Todd moved in with extended family in Bedford County, Virginia. While in Bedford County, Todd studied surveying. Todd then moved with family to Kentucky County, Virginia when family member, Judge Harry Innes, was appointed to the Kentucky District of the Virginia Supreme Court.

After the move to Kentucky County, Thomas Todd began tutoring his cousin’s children in Danville, Kentucky. In return, he received assistance reading and studying law. In 1786, Todd was admitted to the Kentucky Bar. He began to practice law and maintained a private practice in Danville from 1788-1801. He also served as secretary to the Kentucky State Legislature when Kentucky achieved statehood. Todd was subsequently appointed as the first clerk of the Kentucky Court of Appeals. He quickly moved up the ladder, where he began sitting as a judge for the Kentucky Court of Appeals in 1801. By 1806, Todd reached the pinnacle of the department, becoming the Chief Judge for the Kentucky Court of Appeals.

In 1807, a nomination to be an associate justice of the Supreme Court would change Todd’s life forever. Amazingly, the nomination came from the third President of the United States, Thomas Jefferson. Todd’s appointment marked the expansion of the Supreme Court from six justices to seven. The appointment of the first Supreme Court justice from Kentucky was a strategic move by Thomas Jefferson. Land disputes were a major problem of the time. Thomas Todd’s surveying background and familiarity with western expansion in Kentucky made him a perfect fit. In fact, 10 out of the 11 majority opinions he wrote (while serving as justice) dealt with land disputes.

Thomas Todd served as a Supreme Court Justice until his death on February 7th, 1826, at the age of 61. Following Todd’s passing, fellow Kentuckian Robert Trimble was appointed to the Supreme Court. This made Trimble the second Kentuckian in U.S. history to be appointed Supreme Court Justice. Thomas Todd’s remains and gravestone lie in Frankfort Cemetery, overlooking the Kentucky State Capitol building. His trailblazing legacy and lifelong service have etched him into Kentucky’s legal history.