George Muter
Encyclopedia
George Muter was an early settler of Kentucky
and served as chief justice of the Kentucky Court of Appeals
.
. He was the son of a German
father and a Scottish
mother. Little is known of his early life.
During the Revolutionary War
, Muter served as Virginia
's Commissioner of the War Office. In March 1781, Friedrich Wilhelm von Steuben
charged that Muter was responsible for inadequate availability of weapons and ammunition in the state. Muter learned of the charges before von Steuben brought them before the House of Burgesses
and asked Governor
Thomas Jefferson
for a full investigation to clear his name. Jefferson expressed confidence in Muter, but the March 20 report of a special committee appointed by the House of Burgesses charged that Muter was not qualified to fill the position and ought to be removed from office. Muter resigned two days after the report was delivered. Thomas Speed also records that he was commander aboard a ship of war and attained the rank of colonel
.
of Kentucky in 1783, but did not assume the post until 1785. The court first convened in Harrodsburg
, but was moved to Danville
in 1783. On November 15, Muter succeeded Cyrus Griffin
as chief justice of the court.
Muter was a member of the German Reformed Church in Lexington, Kentucky
. He was also the first president of the Caledonian
Society, a nod to his Scottish heritage on his mother's side. He was one of the first trustees of Transylvania Seminary, which would eventually merge with Kentucky University to become Transylvania University
. He was also named a trustee of the city of Danville in 1787.
In 1786, Muter was invited to become a member of the Danville Political Club
, a debating society that also included Samuel McDowell
and Harry Innes
. He was accepted as a member on the motion of John Belli
on February 17, 1787; the vote was unanimous. An undated note in the Club's records show that, even after Muter removed from Danville, the Club retained him as a member.
From 1785 to 1792, Muter was a delegate to all ten conventions called for the purpose of framing the first Kentucky Constitution
. In 1785, he and Harry Innes were chosen to carry a petition for statehood to the Virginia legislature.
When Kentucky achieved statehood in 1792, Muter was chosen as an elector to choose the state's governor and senators. The district court for Kentucky district was dissolved, and the Kentucky Court of Appeals was organized to replace it as the first court of last resort for the state. Muter's fellow district court judges, Caleb Wallace and Benjamin Sebastian, were immediately elevated to the court, but attorney general Harry Innes was elevated to chief justice instead of Muter. However, Innes was chosen by President
George Washington
as chief justice of the new U.S. district court
for Kentucky; Innes immediately resigned to accept this position. The legislature chose Muter to replace Innes, who never presided over the court.
Muter presided over a meeting held in Lexington on May 24, 1794 for the purpose of addressing trade on the Mississippi River
. The delegates to the meeting concluded that it was the duty of the United States Congress
to secure free trade on the Mississippi from the Spanish
, even if it meant the use of force.
In 1795, Muter and Sebastian rendered a decision against Kentucky pioneer Simon Kenton
in a land title case. The decision was very unpopular with the people of Kentucky, and in December 1795, they petitioned the legislature to remove the two justices. The legislature failed to produce the two-thirds majority needed to remove the justices, but they were sternly rebuked. In May 1796, Muter joined with Caleb Wallace to express an opinion opposite his unpopular decision in October.
In 1806, Muter was pressured to retire from the bench, which he did on the condition that he would be paid a pension
of three hundred dollars per year. The next legislature, however, repealed the pension. Governor
Christopher Greenup
, a past associate of Muter's, veto
ed the repeal, but his veto was overridden. Because Muter had no family, his friend and fellow justice Thomas Todd
invited Muter to live with him. In Muter's will, he left his entire estate to Todd.
Kentucky
The Commonwealth of Kentucky is a state located in the East Central United States of America. As classified by the United States Census Bureau, Kentucky is a Southern state, more specifically in the East South Central region. Kentucky is one of four U.S. states constituted as a commonwealth...
and served as chief justice of the Kentucky Court of Appeals
Kentucky Court of Appeals
The Kentucky Court of Appeals is the lower of Kentucky's two appellate courts, under the Kentucky Supreme Court. Prior to a 1975 amendment to the Kentucky Constitution the Kentucky Court of Appeals was the only appellate court in Kentucky....
.
Early life and military career
Muter was born in Madison County, VirginiaMadison County, Virginia
As of the census of 2000, there were 12,520 people, 4,739 households, and 3,521 families residing in the county. The population density was 39 people per square mile . There were 5,239 housing units at an average density of 16 per square mile...
. He was the son of a German
Germany
Germany , officially the Federal Republic of Germany , is a federal parliamentary republic in Europe. The country consists of 16 states while the capital and largest city is Berlin. Germany covers an area of 357,021 km2 and has a largely temperate seasonal climate...
father and a Scottish
Scotland
Scotland is a country that is part of the United Kingdom. Occupying the northern third of the island of Great Britain, it shares a border with England to the south and is bounded by the North Sea to the east, the Atlantic Ocean to the north and west, and the North Channel and Irish Sea to the...
mother. Little is known of his early life.
During the Revolutionary War
American Revolutionary War
The American Revolutionary War , the American War of Independence, or simply the Revolutionary War, began as a war between the Kingdom of Great Britain and thirteen British colonies in North America, and ended in a global war between several European great powers.The war was the result of the...
, Muter served as 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...
's Commissioner of the War Office. In March 1781, Friedrich Wilhelm von Steuben
Friedrich Wilhelm von Steuben
Friedrich Wilhelm August Heinrich Ferdinand von Steuben , also referred to as the Baron von Steuben, was a Prussian-born military officer who served as inspector general and Major General of the Continental Army during the American Revolutionary War...
charged that Muter was responsible for inadequate availability of weapons and ammunition in the state. Muter learned of the charges before von Steuben brought them before the House of Burgesses
House of Burgesses
The House of Burgesses was the first assembly of elected representatives of English colonists in North America. The House was established by the Virginia Company, who created the body as part of an effort to encourage English craftsmen to settle in North America...
and asked Governor
Governor of Virginia
The governor of Virginia serves as the chief executive of the Commonwealth of Virginia for a four-year term. The position is currently held by Republican Bob McDonnell, who was inaugurated on January 16, 2010, as the 71st governor of Virginia....
Thomas Jefferson
Thomas Jefferson
Thomas Jefferson was the principal author of the United States Declaration of Independence and the Statute of Virginia for Religious Freedom , the third President of the United States and founder of the University of Virginia...
for a full investigation to clear his name. Jefferson expressed confidence in Muter, but the March 20 report of a special committee appointed by the House of Burgesses charged that Muter was not qualified to fill the position and ought to be removed from office. Muter resigned two days after the report was delivered. Thomas Speed also records that he was commander aboard a ship of war and attained the rank of colonel
Colonel
Colonel , abbreviated Col or COL, is a military rank of a senior commissioned officer. It or a corresponding rank exists in most armies and in many air forces; the naval equivalent rank is generally "Captain". It is also used in some police forces and other paramilitary rank structures...
.
Relocation to Kentucky
It is likely that Muter came to Kentucky in 1784. The Virginia legislature had appointed him to the district courtDistrict court
District courts are a category of courts which exists in several nations. These include:-Australia:District Court is the name given to the intermediate court in most Australian States. They hear indictable criminal offences excluding treason, murder and, in some States, manslaughter...
of Kentucky in 1783, but did not assume the post until 1785. The court first convened in Harrodsburg
Harrodsburg, Kentucky
Harrodsburg is a city in and the county seat of Mercer County, Kentucky, United States. The population was 8,014 at the 2000 census. It is the oldest city in Kentucky.-History:...
, but was moved to Danville
Danville, Kentucky
Danville is a city in and the county seat of Boyle County, Kentucky, United States. The population was 16,218 at the 2010 census.Danville is the principal city of the Danville Micropolitan Statistical Area, which includes all of Boyle and Lincoln counties....
in 1783. On November 15, Muter succeeded Cyrus Griffin
Cyrus Griffin
Cyrus Griffin was a lawyer and judge who served as the last President of the Continental Congress, holding office from January 22, 1788, to November 2, 1788. He resigned after the ratification of the United States Constitution rendered the old Congress obsolete, and was later a United States...
as chief justice of the court.
Muter was a member of the German Reformed Church in Lexington, Kentucky
Lexington, Kentucky
Lexington is the second-largest city in Kentucky and the 63rd largest in the US. Known as the "Thoroughbred City" and the "Horse Capital of the World", it is located in the heart of Kentucky's Bluegrass region...
. He was also the first president of the Caledonian
Caledonian
Caledonian is a geographical term used to refer to places, species, or items in or from Scotland, or particularly the Scottish Highlands. It derives from Caledonia, the Roman name for the area of modern Scotland...
Society, a nod to his Scottish heritage on his mother's side. He was one of the first trustees of Transylvania Seminary, which would eventually merge with Kentucky University to become Transylvania University
Transylvania University
Transylvania University is a private, undergraduate liberal arts college in Lexington, Kentucky, United States, affiliated with the Christian Church . The school was founded in 1780. It offers 38 majors, and pre-professional degrees in engineering and accounting...
. He was also named a trustee of the city of Danville in 1787.
In 1786, Muter was invited to become a member of the Danville Political Club
Danville Political Club
The Danville Political Club was a debating society based in Danville, Kentucky from 1786 to 1790.-Discovery:There are very few extant contemporary references to the Political Club. A U.S...
, a debating society that also included Samuel McDowell
Samuel McDowell
Samuel McDowell was a soldier and early political leader in Kentucky. He was the father of Dr. Ephraim McDowell.McDowell participated in three major wars...
and Harry Innes
Harry Innes
Harry Innes was the first United States federal judge in Kentucky.Innes was born in Caroline County, Virginia, the son of the Reverend Robert Innes and Catharine Innes. Innes attended Donald Robertson's school and William and Mary College...
. He was accepted as a member on the motion of John Belli
John Belli
Major John Belli was the Quartermaster General of the U.S. Army from 1792 to 1794. The first settler in Scioto County, Ohio, he lived there until his death in 1809....
on February 17, 1787; the vote was unanimous. An undated note in the Club's records show that, even after Muter removed from Danville, the Club retained him as a member.
From 1785 to 1792, Muter was a delegate to all ten conventions called for the purpose of framing the first Kentucky Constitution
Kentucky Constitution
The Constitution of the Commonwealth of Kentucky is the document that governs the Commonwealth of Kentucky. It was first adopted in 1792 and has since been rewritten three times and amended many more...
. In 1785, he and Harry Innes were chosen to carry a petition for statehood to the Virginia legislature.
When Kentucky achieved statehood in 1792, Muter was chosen as an elector to choose the state's governor and senators. The district court for Kentucky district was dissolved, and the Kentucky Court of Appeals was organized to replace it as the first court of last resort for the state. Muter's fellow district court judges, Caleb Wallace and Benjamin Sebastian, were immediately elevated to the court, but attorney general Harry Innes was elevated to chief justice instead of Muter. However, Innes was chosen by President
President of the United States
The President of the United States of America is the head of state and head of government of the United States. The president leads the executive branch of the federal government and is the commander-in-chief of the United States Armed Forces....
George Washington
George Washington
George Washington was the dominant military and political leader of the new United States of America from 1775 to 1799. He led the American victory over Great Britain in the American Revolutionary War as commander-in-chief of the Continental Army from 1775 to 1783, and presided over the writing of...
as chief justice of the new U.S. district court
United States district court
The United States district courts are the general trial courts of the United States federal court system. Both civil and criminal cases are filed in the district court, which is a court of law, equity, and admiralty. There is a United States bankruptcy court associated with each United States...
for Kentucky; Innes immediately resigned to accept this position. The legislature chose Muter to replace Innes, who never presided over the court.
Muter presided over a meeting held in Lexington on May 24, 1794 for the purpose of addressing trade on the Mississippi River
Mississippi River
The Mississippi River is the largest river system in North America. Flowing entirely in the United States, this river rises in western Minnesota and meanders slowly southwards for to the Mississippi River Delta at the Gulf of Mexico. With its many tributaries, the Mississippi's watershed drains...
. The delegates to the meeting concluded that it was the duty of the United States Congress
United States Congress
The United States Congress is the bicameral legislature of the federal government of the United States, consisting of the Senate and the House of Representatives. The Congress meets in the United States Capitol in Washington, D.C....
to secure free trade on the Mississippi from the Spanish
Spain
Spain , officially the Kingdom of Spain languages]] under the European Charter for Regional or Minority Languages. In each of these, Spain's official name is as follows:;;;;;;), is a country and member state of the European Union located in southwestern Europe on the Iberian Peninsula...
, even if it meant the use of force.
In 1795, Muter and Sebastian rendered a decision against Kentucky pioneer Simon Kenton
Simon Kenton
Simon Kenton was a famous United States frontiersman and friend of Daniel Boone, Simon Girty, Spencer Records and Isaac Shelby.-Family and early life:Simon Kenton was alive even before Ohio was a state...
in a land title case. The decision was very unpopular with the people of Kentucky, and in December 1795, they petitioned the legislature to remove the two justices. The legislature failed to produce the two-thirds majority needed to remove the justices, but they were sternly rebuked. In May 1796, Muter joined with Caleb Wallace to express an opinion opposite his unpopular decision in October.
In 1806, Muter was pressured to retire from the bench, which he did on the condition that he would be paid a pension
Pension
In general, a pension is an arrangement to provide people with an income when they are no longer earning a regular income from employment. Pensions should not be confused with severance pay; the former is paid in regular installments, while the latter is paid in one lump sum.The terms retirement...
of three hundred dollars per year. The next legislature, however, repealed the pension. Governor
Governor of Kentucky
The Governor of the Commonwealth of Kentucky is the head of the executive branch of government in the U.S. state of Kentucky. Fifty-six men and one woman have served as Governor of Kentucky. The governor's term is four years in length; since 1992, incumbents have been able to seek re-election once...
Christopher Greenup
Christopher Greenup
Christopher Greenup was an American politician who served as a U.S. Representative and the third Governor of Kentucky...
, a past associate of Muter's, veto
Veto
A veto, Latin for "I forbid", is the power of an officer of the state to unilaterally stop an official action, especially enactment of a piece of legislation...
ed the repeal, but his veto was overridden. Because Muter had no family, his friend and fellow justice Thomas Todd
Thomas Todd
Thomas Todd was an American attorney and U.S. Supreme Court justice. Raised in the Colony of Virginia, he studied law and later participated in the founding of Kentucky, where he served as a clerk, judge, and justice. He was married twice and had a total of eight children. Todd joined the U.S...
invited Muter to live with him. In Muter's will, he left his entire estate to Todd.