Alexander Rives
Encyclopedia
Alexander Rives was a Virginia lawyer, politician, and federal judge.
. He attended Hampden-Sydney College
from 1821 to 1825 when he graduated; and the University of Virginia
, graduating in 1828. He was admitted to the bar and began private practice. He was a member of the state convention of 1850–51; of the House of Delegates
in 1852–53; and of the Virginia State Senate in 1859–61.
He was the son of Margaret J. Cabell and Robert Rives. Three of his brothers—Robert, Jr., George, and William Cabell Rives
—also served in the General Assembly. Rives was the uncle of Edward A. Pollard, who edited the Richmond Examiner along with Robert William Hughes
. Rives was the great-uncle of Alexander Brown
, author of several books on the early history of Virginia
and of The Cabells and their Kin (1895).
Politically, Rives like his brother William was a Democrat until 1840, then a Conservative, then a Whig
, then a Republican. He opposed the secession of Virginia.
Rives married Isabella Bachem Wydown in 1829, and they had ten children before she died in 1861. His second marriage, to Sally Kearsley Watson, was childless.
Rives served as the ninth Rector of the University of Virginia
from 1865 to 1866.
On December 19, 1866, he was elected as a judge on the Supreme Court of Appeals
and remained on the court until 1869, when he was not re-elected.
In 1870, Rives ran for the U.S. House of Representatives, losing to Richard Thomas Walker Duke
. Duke's son recalled of this campaign that Rives "had 'ratted' and became a 'scalawag' republican," who obtained a pardon for his opponent Duke, to remove Duke's disability from seeking office, without charging Rives's usual fee of up to $500.
as judge of the United States District Court for the Western District of Virginia
. Prior to Rives, the last Western District judges were John White Brockenbrough
, who resigned to join the Confederacy, and John Jay Jackson, Jr.
, who served the counties that became West Virginia and remained in the Union during the War. There was no Western District of Virginia from 1864 until 1871, when Congress re-established the Western District. During that period, the only federal judge for sole Virginia district was John Curtiss Underwood
.
In 1878, Judge Rives took the controversial view that the exclusion of blacks from jury service in Virginia state courts was a violation of the Equal Protection rights of two criminal defendants, granting their petitions for habeas corpus
relief. The Virginia General Assembly passed a resolution denouncing the Reynolds decision, and demanding an appeal. The Supreme Court agreed in principle with Rives, in Strauder v. West Virginia
, but overruled his decision, ordering him to return jurisdiction over the petitioners to the Commonwealth. Over 100 years later, the Supreme Court ruled that even the use of peremptory challenges where exclusion was made on the basis of race was unconstitutional, in the Batson
case.
Judge Rives retired on August 1, 1882. He was replaced on the Western District bench by Judge John Paul
.
Family and politics
Rives was born in Nelson County, VirginiaNelson County, Virginia
As of the census of 2000, there were 14,445 people, 5,887 households, and 4,144 families residing in the county. The population density was 31 people per square mile . There were 8,554 housing units at an average density of 18 per square mile...
. He attended Hampden-Sydney College
Hampden-Sydney College
Hampden–Sydney College is a liberal arts college for men located in Hampden Sydney, Virginia, United States. Founded in 1775, Hampden–Sydney is the oldest private charter college in the Southern U.S., the last college founded before the American Revolution, and one of only three four-year,...
from 1821 to 1825 when he graduated; and the University of Virginia
University of Virginia
The University of Virginia is a public research university located in Charlottesville, Virginia, United States, founded by Thomas Jefferson...
, graduating in 1828. He was admitted to the bar and began private practice. He was a member of the state convention of 1850–51; of the House of Delegates
Virginia General Assembly
The Virginia General Assembly is the legislative body of the Commonwealth of Virginia, and the oldest legislative body in the Western Hemisphere, established on July 30, 1619. The General Assembly is a bicameral body consisting of a lower house, the Virginia House of Delegates, with 100 members,...
in 1852–53; and of the Virginia State Senate in 1859–61.
He was the son of Margaret J. Cabell and Robert Rives. Three of his brothers—Robert, Jr., George, and William Cabell Rives
William Cabell Rives
William Cabell Rives was an American lawyer, politician and diplomat from Albemarle County, Virginia. He represented Virginia as a Jackson Democrat in both the U.S. House and Senate and also served as the U.S. minister to France....
—also served in the General Assembly. Rives was the uncle of Edward A. Pollard, who edited the Richmond Examiner along with Robert William Hughes
Robert William Hughes
Robert William Hughes was a Virginia newspaperman, lawyer, and federal judge.-Family and early life:Born at Muddy Creek Plantation in Powhatan County, Virginia, Hughes was of an old Virginia family, whose ancestors came to the area of Powhatan County before 1700, when it was still Goochland...
. Rives was the great-uncle of Alexander Brown
Alexander Brown
Alexander Brown was an Australian politician.Brown was born in Maitland, New South Wales and educated at Fraser's private school, West Maitland. He married Mary Ellen Ribbands in August 1872 and they had three daughters and six sons. He was trained as a solicitor, but did not practice...
, author of several books on the early history of Virginia
Virginia
The Commonwealth of Virginia , is a U.S. state on the Atlantic Coast of the Southern United States. Virginia is nicknamed the "Old Dominion" and sometimes the "Mother of Presidents" after the eight U.S. presidents born there...
and of The Cabells and their Kin (1895).
Politically, Rives like his brother William was a Democrat until 1840, then a Conservative, then a Whig
Whig Party (United States)
The Whig Party was a political party of the United States during the era of Jacksonian democracy. Considered integral to the Second Party System and operating from the early 1830s to the mid-1850s, the party was formed in opposition to the policies of President Andrew Jackson and his Democratic...
, then a Republican. He opposed the secession of Virginia.
Rives married Isabella Bachem Wydown in 1829, and they had ten children before she died in 1861. His second marriage, to Sally Kearsley Watson, was childless.
Rives served as the ninth Rector of the University of Virginia
University of Virginia
The University of Virginia is a public research university located in Charlottesville, Virginia, United States, founded by Thomas Jefferson...
from 1865 to 1866.
On December 19, 1866, he was elected as a judge on the Supreme Court of Appeals
Supreme Court of Virginia
The Supreme Court of Virginia is the highest court in the Commonwealth of Virginia. It primarily hears appeals from the trial-level city and county Circuit Courts, as well as the criminal law, family law and administrative law cases that go through the Court of Appeals of Virginia. It is one of...
and remained on the court until 1869, when he was not re-elected.
In 1870, Rives ran for the U.S. House of Representatives, losing to Richard Thomas Walker Duke
Richard Thomas Walker Duke
Richard Thomas Walker Duke, Sr. was a nineteenth century congressman and lawyer from Virginia.-Biography:...
. Duke's son recalled of this campaign that Rives "had 'ratted' and became a 'scalawag' republican," who obtained a pardon for his opponent Duke, to remove Duke's disability from seeking office, without charging Rives's usual fee of up to $500.
Judgeship
In 1871, Rives was appointed by President Ulysses S. GrantUlysses S. Grant
Ulysses S. Grant was the 18th President of the United States as well as military commander during the Civil War and post-war Reconstruction periods. Under Grant's command, the Union Army defeated the Confederate military and ended the Confederate States of America...
as judge of the United States District Court for the Western District of Virginia
United States District Court for the Western District of Virginia
The United States District Court for the Western District of Virginia is a United States district court.Appeals from the Western District of Virginia are taken to the United States Court of Appeals for the Fourth Circuit The United States District Court for the Western District of Virginia (in...
. Prior to Rives, the last Western District judges were John White Brockenbrough
John White Brockenbrough
John White Brockenbrough was a Virginia lawyer, federal judge, educator, and the founder of the Washington and Lee University School of Law....
, who resigned to join the Confederacy, and John Jay Jackson, Jr.
John Jay Jackson, Jr.
John Jay Jackson, Jr. was a United States federal judge, first from Virginia, and then from West Virginia, at the time of its creation as a separate state.-Early life and career:...
, who served the counties that became West Virginia and remained in the Union during the War. There was no Western District of Virginia from 1864 until 1871, when Congress re-established the Western District. During that period, the only federal judge for sole Virginia district was John Curtiss Underwood
John Curtiss Underwood
John Curtiss Underwood was a lawyer, Abolitionist politician, and federal judge.Underwood graduated from Hamilton College in 1832 and was a founding member of the Alpha Delta Phi society. He practiced law from 1839-1856. Originally from New York, he married a granddaughter of Edward B. Jackson...
.
In 1878, Judge Rives took the controversial view that the exclusion of blacks from jury service in Virginia state courts was a violation of the Equal Protection rights of two criminal defendants, granting their petitions for habeas corpus
Habeas corpus
is a writ, or legal action, through which a prisoner can be released from unlawful detention. The remedy can be sought by the prisoner or by another person coming to his aid. Habeas corpus originated in the English legal system, but it is now available in many nations...
relief. The Virginia General Assembly passed a resolution denouncing the Reynolds decision, and demanding an appeal. The Supreme Court agreed in principle with Rives, in Strauder v. West Virginia
Strauder v. West Virginia
Strauder v. West Virginia, , was a United States Supreme Court case about racial discrimination.-Background:At the time, West Virginia excluded African-Americans from juries. Strauder was a Black man who, at trial, had been convicted of murder by an all-white jury...
, but overruled his decision, ordering him to return jurisdiction over the petitioners to the Commonwealth. Over 100 years later, the Supreme Court ruled that even the use of peremptory challenges where exclusion was made on the basis of race was unconstitutional, in the Batson
Batson v. Kentucky
Batson v. Kentucky, , was a case in which the United States Supreme Court ruled that a prosecutor's use of peremptory challenge—the dismissal of jurors without stating a valid cause for doing so—may not be used to exclude jurors based solely on their race...
case.
Judge Rives retired on August 1, 1882. He was replaced on the Western District bench by Judge John Paul
John Paul (1839-1901)
John Paul was a U.S. Representative and federal judge from Virginia.Born in Scarborough, Ontario, John Paul attended the common schools in Bowmanville, Ontario. During the Civil War, John Paul entered the Confederate States Army and became a captain in the 1st Virginia Cavalry. He studied law at...
.