LaFayette Emmett
Encyclopedia
LaFayette Emmett was an American
lawyer
and an early leader in Minnesota
law. He was attorney general
of the Minnesota Territory
from 1853 to 1858 and the first chief justice
of the state supreme court
, serving from 1858 to 1865.
Emmett was born and raised in Ohio
, died in Santa Fe, New Mexico
, and was buried in Faribault, Minnesota
. He had nine children and was the father-in-law of Miguel Antonio Otero, who was governor of the New Mexico Territory
from 1897 to 1906.
In the divided convention which drafted the Minnesota Constitution
, he served as a Democrat
and advocated the popular election of judges, a position that was adopted. He said, "if the people are incapable of selecting their judges, they are also incapable of selecting the man who is to appoint the judges."
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
lawyer
Lawyer
A lawyer, according to Black's Law Dictionary, is "a person learned in the law; as an attorney, counsel or solicitor; a person who is practicing law." Law is the system of rules of conduct established by the sovereign government of a society to correct wrongs, maintain the stability of political...
and an early leader in Minnesota
Minnesota
Minnesota is a U.S. state located in the Midwestern United States. The twelfth largest state of the U.S., it is the twenty-first most populous, with 5.3 million residents. Minnesota was carved out of the eastern half of the Minnesota Territory and admitted to the Union as the thirty-second state...
law. He was attorney general
Attorney General
In most common law jurisdictions, the attorney general, or attorney-general, is the main legal advisor to the government, and in some jurisdictions he or she may also have executive responsibility for law enforcement or responsibility for public prosecutions.The term is used to refer to any person...
of the Minnesota Territory
Minnesota Territory
The Territory of Minnesota was an organized incorporated territory of the United States that existed from March 3, 1849, until May 11, 1858, when the eastern portion of the territory was admitted to the Union as the State of Minnesota.-History:...
from 1853 to 1858 and the first chief justice
Chief Justice
The Chief Justice in many countries is the name for the presiding member of a Supreme Court in Commonwealth or other countries with an Anglo-Saxon justice system based on English common law, such as the Supreme Court of Canada, the Constitutional Court of South Africa, the Court of Final Appeal of...
of the state supreme court
Minnesota Supreme Court
The Minnesota Supreme Court is the highest court in the U.S. state of Minnesota and consists of seven members. The court was first assembled as a three-judge panel in 1849 when Minnesota was still a territory. The first members were lawyers from outside of the region who were appointed by...
, serving from 1858 to 1865.
Emmett was born and raised in Ohio
Ohio
Ohio is a Midwestern state in the United States. The 34th largest state by area in the U.S.,it is the 7th‑most populous with over 11.5 million residents, containing several major American cities and seven metropolitan areas with populations of 500,000 or more.The state's capital is Columbus...
, died in Santa Fe, New Mexico
Santa Fe, New Mexico
Santa Fe is the capital of the U.S. state of New Mexico. It is the fourth-largest city in the state and is the seat of . Santa Fe had a population of 67,947 in the 2010 census...
, and was buried in Faribault, Minnesota
Faribault, Minnesota
As of the census of 2000, there were 20,818 people, 7,472 households, and 4,946 families residing in the city. The population density was 1,644.8 people per square mile . There were 7,668 housing units at an average density of 605.8 per square mile...
. He had nine children and was the father-in-law of Miguel Antonio Otero, who was governor of the New Mexico Territory
New Mexico Territory
thumb|right|240px|Proposed boundaries for State of New Mexico, 1850The Territory of New Mexico was an organized incorporated territory of the United States that existed from September 9, 1850, until January 6, 1912, when the final extent of the territory was admitted to the Union as the State of...
from 1897 to 1906.
In the divided convention which drafted the Minnesota Constitution
Minnesota Constitution
The Constitution of the State of Minnesota, USA was initially approved by the residents of Minnesota Territory in a special election held on October 13, 1857, and was ratified by the United States Senate on May 11, 1858, marking the admittance of Minnesota to the Union...
, he served as a Democrat
Democratic Party (United States)
The Democratic Party is one of two major contemporary political parties in the United States, along with the Republican Party. The party's socially liberal and progressive platform is largely considered center-left in the U.S. political spectrum. The party has the lengthiest record of continuous...
and advocated the popular election of judges, a position that was adopted. He said, "if the people are incapable of selecting their judges, they are also incapable of selecting the man who is to appoint the judges."