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August 1778 Virginia Appellate Court Record Lists John Tyler, Sr. as Magistrate Virginia Governor & Father of President John Tyler Revolutionary War Traitor Condemned to Death - is Freed This document is an absolutely incredibly historic accounting of Revolutionary War and American history. This is a 1778 Virginia Appellate court record of cases heard begins with the swearing in of John Tyler, Sr. as Magistrate: "John Tyler Gent. took the oath as prescribed by Law as a magistrate of this county & took his seat accordingly" John Tyler Sr., (1747-1816) was the father of future president John Tyler, Jr., and Thomas Jefferson's roommate at William and Mary College. John Tyler Sr. preceded his son as a student at William and Mary, and also as the elected Governor of Virginia from 1808-1811 (John Tyler, Jr., was Virginia Governor from 1825-1827.) Often referred to by his title "Judge John Tyler" He served as a magistrate in the courts for many years. In 1786, he was appointed a judge in the court of admiralty and was consequently a judge on the first Court of Appeals. When the Court of Appeals was reorganized late in 1788, Tyler was made a judge of the general court. After his terms as Governor of Virginia in 1811, he was made judge of the district court of the United States for Virginia. He held this office until his death. Tyler County, West Virginia is named in his honor. Thomas Jefferson later said of his roomate: "A veteran patriot who from the first dawn of the revolution to this day has pursued unchangeably the same honest course." Henry Clay spoke highly of his memories of Judge Tyler in while his son was President in 1841: "I knew the father of the president, Judge Tyler of the General Court of Virginia, and a purer patriot or more honest man never breathed the breath of life, and I am one of those who would hold to the safety of which flows from honest ancestors and the purity of blood." The court record documented in this document includes a number of different cases, with strong evidence that this was an appellate level (or higher) court. By far the most interesting of which is the apparent reversal of the conviction of a Revolutionary War traitor condemned to death. This entry in the court record is certainly a strong reflection of Judge Tyler's upstanding character and judgment in the courtroom: "George Harvey Campbell having been committed to the goal of this county for having carried on a correspondence with the enemy for which he was condemned to die at Lancaster but it appearing to the court by good and sufficient evidence that he was reprieved he is therefore Discharged." I have researched Campbell, and on Page 125 of Dr. John H. Gwathmey's "Historical Register of Virginians in the Revolution" it mentions a George Campbell who served in Captain Benjamin Taliaferro's Company of Morgan's Riflemen. I cannot be certain, however that it is the same George Harvey Campbell named in the court records. The other cases mentioned in the court are much more mundane, but give a curious and revealing snapshot into mid-late 18th century life in Virginia. Most of the cases involve dispositions of estates, but an interesting sampling of the cases includes: William Carr is granted reimbursement of £292 for monies he gave to the wifes and widows of Continental Soldiers Approval of recommendations to the Governor for inspectors at Quantico Inspection (Prison?) Approval of recommendations to the Governor for inspectors at Dumfries Inspection (Prison?) Ordering church wardens to give an orphaned child to Ann Vaughn Mary Thorton, widow of Charles Thornton, deceased, renounces in open court any benefit she may recieve from his will. The document is large folio, measuring 17" X 10 1/2"", and is printed on both sides. The court record is numbered page 11 and 12. (Judge Tyler's swearing in takes place at the beginning of page 11.) In the side margins, the court recorder has made small notations about each case to easily identify them. The scans were taken while the document was in a large acid free sleeve, and thus the slight lack of focus and strange reflection of light across the document caused by a reflection from a window. The document does not have that lighter stripe.I needed to take the pictures at an angle so my shadow was not in the way of seeing this large document. There is some peripheral foxing as you can see, which fortunately does not effect the readability of the document. Don't miss out on this wonderful opportunity to purchase an authentic piece of early American and Virginia history, directly relating to the actions of a true American Patriot, John Tyler, Sr. and documenting the lifestyle and birth of the American court system a little more than two years after the birth of the United States of America. *************************************************************************** Please note this ia a 5-day listing so please bid early! *************************************************************************** Terms: Payment by Paypal Only. If you cannot pay by Paypal, but have an excellent eBay record, please e-mail for approval before bidding. Due to recent problems with delayed payments turning into non-payments, payment or contact from high bidder is expected within one day of auction close. I make every effort to research items and describe them thoroughly, including the item's condition. 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If you see this same item listed on eBay as a "Buy It Now", and recieve an e-mail during this aucton promoting that listing, BEWARE, as this is a ploy often used to defraud buyers. On Jul-04-08 at 14:14:01 PDT, seller added the following information: Please Note: I did further research on this document, and there was a Virginian Loyalist named George Campbell who served as a Lieutenant Colonel in the King's American Regiment between 1781 and 1783, at times under Benedict Arnold. He apparently first traveled to Europe in late 1778. He was the son of Captain Lachlan Campbell, a Scottish Highlander who emigrated to Hebron Township in New York in the mid 18th century. I have no definite connection showing the George Harvey Campbell in the court records are one in the same, but it is definitely worth researching. One more thing, Thomas Jefferson was involved with the court system in Virginia, serving with John Tyler Sr. on a Committee of the Virginia Assembly which issued a Bill of Attainder against Josiah Philips, a notorious treasonist and British Loyalist. Thomas Jefferson was concerned that the Virginia Magistrates and courts did not require written opinions, and thus there was no record of their judgments, and nothing to base judicial review and precedent upon within the Virginia Legal system. This was the reason for his sponsoring the re-vamping of the Virginia Courts in 1788-1789. Prior to this, due to these concerns, Jefferson is reported to have kept his own records of court decisions. Could this be one of Thomas Jefferson's Records?? I doubt that Jefferson kept the records personally, and likely used an aide. The handwriting on this document does seem to match the handwriting of one of Jefferson's aides seen on some of Jefferson's correspondence, including a 1778 Resolution regarding Peace with England. I can e-mail you a copy of the Jefferson document if you want to see it and compare. Keep in mind that Jefferson was Virginia Governor from 1779-1781, so he was very involved with Virginia State politics.
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