University of Virginia Library

John Tyler, Governor,

Dec. 1, 1808-Jan. 11, 1811.

John Tyler was son of John Tyler, who was long marshal to
the old Vice-Admiralty Court of the Colony of Virginia, and
died in 1773. The son was born in James City County, February
28, 1747, and was educated at William and Mary College.
He was an ardent patriot of the Revolution and was a
member of the House of Delegates from 1778 to 1786, during
a part of which time, 1781-1785, he was speaker. During his
last year (1786) he was instrumental in securing the passage of
the resolution for convening the Assembly of the states at Annapolis.
After this he was judge of the State Admiralty Court
and as such, a judge of the first Supreme Court of Appeals
till 1788, when, with the adoption of the Federal Constitution,
the Admiralty Court went out of existence, and Judge
Tyler became judge of the General Court. He was vice president
of the state convention which sat at Richmond in 1788,
and after a service of twenty years on the bench of the General
Court he became Governor December 1, 1808.

While judge he performed a memorable service in 1793 in
Kamper vs. Hawkins in maintaining the authority of the
court to set aside an act of the Legislature deemed unconstitutional.

He held office as Governor till January 11, 1811, when he
resigned to accept the office of District Judge of the United



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States for Virginia, which he held till his death, February 6,
1813. In recommending him to Madison, Jefferson paid him
the compliment of having sufficient firmness to preserve his
independence on the same bench with Judge Marshall, a
difficult thing to do.

He was a warm Republican and supporter of Thomas
Jefferson. Tyler County in West Virginia is named for him.

One of the first acts of Mr. Tyler, as Governor, was to
enclose to Thomas Jefferson, who had now nearly concluded the
term of his second administration, an address of thanks from
the General Assembly, drawn by William Wirt, remarkable
for its elegance and beauty. The following October, 1809, his
term as President being concluded, Jefferson visited Richmond
and was enthusiastically received.

Governor Tyler, in his message December 4, 1809, enlarged
on the outrages committed by Great Britain and France,
and used this language: "We have talked long enough of our
rights and our national honor. Let us now prepare to defend
them."

In this message he was particularly urgent on the necessity
of promoting schools, and the invigoration of William and
Mary College by adding new professorships and giving the
legislature the power of appointing the board of managers.

So much of the governor's message as related to education
was referred to a committee, who, on January 19, 1810,
reported a bill providing that all escheats, confiscations, fines,
penalties and forfeitures and all rights in personal property
found derelict, should be appropriated to the encouragement
of learning, and the auditor was directed to open an account
to be designated the Literary Fund. It is said that the bill itself
was devised and drawn by Hon. James Barbour, then the
speaker of the House of Delegates. In his second message,
December 3, 1810, Governor Tyler urged an increase of the
number of judges of the Supreme Court from three to five,
which was acted on by the Legislature, and the number of five
still remains the constitution of the court. His strictures on
the old county courts have received present endorsement in the


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fact of their abolition, and the appointment of judges learned
in the law to preside, while his attack upon the affectations of
the bar of his day—its habit of quoting English authorities and
making long and vapid speeches—has borne fruit in the growth
of a true American spirit. In Virginia today, Tucker, Lomax
and Minor take the place of Blackstone as text books, and
Call, Munford, Randolph, Leigh and Grattan take the place of
Durnford and East as reporters.

After a third election as Governor, Tyler resigned his
office on January 15, 1811, to accept, as stated, that of judge of
the United States District Court made vacant by the death of
Judge Cyrus Griffin.