Matthew Deady
Encyclopedia
Matthew Paul Deady was a politician
and jurist
in the Oregon Territory
and the state of Oregon
of the United States. He served on the Oregon Supreme Court
from 1853 to 1859, at which time he was appointed to the newly created federal court of the state. He remained on this federal trial level court, the United States District Court for the District of Oregon
in Portland, Oregon
, as the sole judge until his death in 1893. While on the court he presided over the trial that led to the United States Supreme Court decision of Pennoyer v. Neff
concerning personal jurisdiction.
Prior to joining the court, Deady served in the legislature of the Oregon Territory
, include time as the President of the Council, and was elected as President of the Oregon Constitutional Convention
in 1857. A native of the state of Maryland
, his first profession was as a blacksmith. He would also spend time as a teacher in both Ohio
and Oregon. Deady read law in Ohio and practiced law for a time in that state before immigrating to the Oregon Territory
via the Oregon Trail
. In Oregon, he helped codify the laws of the state and assisted in the foundation of the Multnomah County Library
in Portland. He also was president of the University of Oregon
's board of regents. The university renamed Deady Hall
in his honor after his death.
, Talbot County
, Maryland
, on May 12, 1824. His parents were Daniel Deady and the former Mary Ann McSweeny. His father was born in Ireland on September 25, 1794, and married McSweeny on June 10, 1823. Matthew was the oldest of five children in the family. He began his education at the school where his father was a teacher, remaining at that school until the age of twelve. In 1828, the family relocated from the Baltimore, Maryland, area to Wheeling
, Virginia
, (now West Virginia
). The Deadys also lived for brief periods of time in Cincinnati, Ohio
, Rodney, Missouri, and Covington, Kentucky
.
In Wheeling, his father was employed as a teacher and principal at the Lancasterian Academy. On May 31, 1834, his mother died while the family was living in Wheeling. Deady’s family was split up, with Matthew sent back to Baltimore for two years. In Baltimore, he lived with an uncle and grandfather while working in a store. Deady then returned to Wheeling to live with his father while attending school and working in a local music shop. In the Spring of 1837 he moved just across the Ohio River
to the state of Ohio
where his father had purchased a farm in Beaver Township
.
Matthew Deady spent the next four years working for his father on the family farm, engaged in manual labor, while also reading extensively in his spare time. On February 17, 1841, he left home after a disagreement with his father and moved to Barnesville, Ohio
. For four years he lived with the family of John Kelly, working as a blacksmith’s apprentice. Beginning in 1843, Deady attended Barnesville Academy, continuing his education there until four months beyond the time that his blacksmith apprenticeship ended. The apprenticeship had paid for the first six months of school. At the school he earned a certificate that allowed him to become a teacher on July 7, 1845, from his instructor Nathan R. Smith.
After graduating, Deady began teaching to pay off a debt incurred for his education, and began to read law. He read law in St. Clairsville, Ohio
, under the guidance of judge and former Congressman William Kennon. Deady passed the Ohio bar on October 26, 1847, and began practicing law in St. Clairsville at the office of Henry Kennon. He remained there until on April 17, 1849, he began his overland journey over the Oregon Trail
to the newly created Oregon Territory
.
and the agent's family. At Fort Leavenworth
the agent remained, and Deady continued his journey in the company of a United States Army
regiment bound for Fort Vancouver
. Taking the Oregon Trail
, he arrived where Portland, Oregon
, now stands on November 14, 1849. The next day he went to neighboring Oregon City
, and then a few days later west to Lafayette, Oregon
. At that city, the county seat of Yamhill County
at that time, the red-haired Deady began teaching as his occupation to make ends meet. He first worked for room and board, but for the second term of the school year he was paid $75 per month.
While teaching he was consulted by the county commissioner and helped to set up the courts and laws in Yamhill County. In March 1850, he began practicing law in Oregon, appearing for three cases before judge Orville C. Pratt
held at a local tavern. After receiving payment for his services, he sent $100 back to Ohio to Henry Kennon to pay off some debt. That summer he worked for Peter H. Burnett’s brother, Elder Glen Burnett, running his store while Burnett was in California
acquiring supplies. While working at the store he sold many supplies to the local Native Americans and learned some Chinook jargon
from them.
On June 24, 1852, Deady married Lucy A. Henderson, with whom he would have three children who survived childbirth. Lucy came to Oregon in 1846 with her parents Robert Henderson and Rhoda Holman from Kentucky
. The Deady’s children were three sons; Edward Nesmith (born 1853), Paul Robert (born 1856), and Henderson Brooke (born 1869). Henderson studied medicine, while Paul and Edward became attorneys like their father. Matthew Geoffrey (born 1860) and Mary (born 1866) died at birth.
While practicing law at Lafayette he represented Adam Wimple of neighboring Polk County
after Wimple had been charged for murdering his wife. Deady represented him at trial and was to receive as payment Wimple’s land claim via his will. Wimple was convicted of the murder and sentenced to death, but was only hung after being recaptured from a jail break. In 1852, Deady was among many legal minds and politicians in the territory such as Joseph C. Avery
and Robert Moore
that signed a petition asking Governor John P. Gaines
to pardon Nimrod O'Kelly after O'Kelly's controversial conviction for murder. O'Kelly was eventually spared from the gallows.
in 1850, where he represented Yamhill County
as a Democrat in the lower chamber House of Representatives. He attended the session held in Oregon City beginning in December, where he met James W. Nesmith
and Asahel Bush
for the first time. Those three would become influential leaders of the Democratic Party in the Oregon Territory
, and later the state of Oregon. Deady was an early member of the Democratic Party
in the territory.
During his initial session in the territorial legislature in 1850, Deady served on the judicial committee and helped draft many of the laws in the territory. The Oregon Territory had just been created by the United States Congress in 1848, with the territorial government taking control in early 1849. Following the 1850 to 1851 session, the secretary
of the territory, Edward D. Hamilton
, asked Deady to assist in publishing the laws passed by the legislature for all previous sessions of the legislative assembly. Deady helped with this process, in what became the first volume of laws published in Oregon.
In 1851, Deady was elected to the upper chamber Council, and the following session served as President of that chamber. During the 1851 session he served as chairman of the Council’s judiciary committee. In all, Deady attended two regular sessions and one special session of the legislature from 1851 to 1853.
Matthew Deady was then appointed as an associate justice of the Territorial Supreme Court
in 1853 by United States President Franklin Pierce
. Pierce appointed him to a second term in 1857. At this time justices of the court also rode circuit
, presiding over trials in designated counties in addition to serving as an appellate court judge for the Supreme Court. Deady was assigned to the southern counties of the territory, holding court in each county twice per year.
During this time on the court, in the Spring of 1853, he moved south to a farm
in the Umpqua River
valley
. After paying a squatter $100 for the land on Campas Swale, Deady filed for a land claim under the Donation Land Claim Act
and moved the family there in the fall, naming it Fair Oaks. While on the court, he helped to establish the court systems in four of the counties in Southern Oregon
, and traveled around 1500 miles (2,414 km) each year to hold court. He won election to a full term in 1858 to take effect once Oregon became a state, but resigned before taking office in 1859.
In 1857, Deady was elected as a delegate to the Oregon Constitutional Convention
. The convention was held in the territorial capital of Salem
to prepare the territory for statehood. He became president
of the body and was influential in shaping the new state constitution, which outlawed slavery but excluded African-Americans from settling in the new state. Deady successfully advocated for provisions in the document to set six–year terms for judges, four–year terms for state officers, and biennial sessions for the legislature. He also led the southern party, which opposed state education in all forms. During the debates Deady also advocated for discrimination towards Chinese immigrants and Blacks, as well as in favor for slavery in Oregon.
On March 7, 1859, he was nominated as U.S. District Judge for the District of Oregon
by President James Buchanan
. Two days later the United States Senate
confirmed the nomination and Deady received his commission to the court that had been created once Oregon became the 33rd state on February 14, 1859. Deady held the first session of the court on September 12, 1859, in Salem, but had the court relocated to Portland by the start of the September session of 1860. Deady then moved to Portland where he helped to found the Multnomah County
Library
. He would serve as president of that organization for a number of years. In Portland, he wrote the articles of incorporation for the city, which became the standard in the state for other cities. At first Portland did not have a courthouse for Deady to use, so he rented two rooms from Benjamin Stark
on what is now Water Street until a federal courthouse was built beginning in 1869. That courthouse was first named the United States Building, and is now named the Pioneer Courthouse
, with Deady moving into the building when it was finished in 1875.
In 1867, United States Supreme Court justice Stephen Johnson Field
assigned Deady to serve as a circuit court judge for the United States circuit court
located in San Francisco, California
. Deady did the same in 1868 and 1869 since there was no circuit court judge assigned to the West Coast at that time, spending three months in San Francisco each year. This was a common practice during this period, as United States Supreme Court justices still rode circuit, and often assigned federal district court judges to serve on the appellate level circuit courts. The Judiciary Act of 1869
reduced much of this process, as did the Judiciary Act of 1891
that established the current United States courts of appeals
with Oregon in the Ninth Circuit
. While serving on the district court, Deady served as president of the Board of Regents of the State University (later University of Oregon
) from 1873 to 1893. He also designed the university’s seal, which is still used by the school.
In 1874, in a district court case, Deady ruled in favor of Marcus Neff
in a lawsuit against Sylvester Pennoyer
concerning unpaid legal fees to John H. Mitchell
and a sheriff's auction of Neff's land to Pennoyer. The case would become the landmark U.S. Supreme Court decision of Pennoyer v. Neff
that helped define the law of personal jurisdiction. In 1885, Deady admitted Mary Leonard
to the federal bar
, the first woman admitted to practice in Oregon, though the Oregon Supreme Court at first denied her admittance to the state bar on technical grounds. Later that year the Oregon legislature resolved the technical issue in the statute and the state high court admitted Leonard into the state bar.
Among Deady's work is the General Laws of Oregon, which he compiled and annotated in 1866. This work consisted of a Code of Civil Procedure, a Penal Code, and a Code of Criminal Procedure. In this role he not only codified existing laws, but also made new laws. Deady often drafted the legislation that led to state statutes, thus playing a crucial role in the lawmaking process in the state of Oregon between 1859 and 1872. In 1874, Deady and fellow code commissioner and later U.S. Representative Lafayette Lane
updated Deady’s earlier compilation of the state’s laws. His criminal laws remained largely in effect in Oregon until the legislature revised much of those laws in 1971. Deady also was the author of the state's business incorporation act. The act was the first in the country to place all business corporations on the same level by requiring a minimum of three people to incorporate as a business. Regarding Deady's contributions to Oregon, former Oregon Supreme Court justice and United States Attorney General George Henry Williams
said: "No hand has been so strongly and deeply impressed upon the legislative and judicial history of Oregon as that of Judge Deady."
As a prominent figure in Portland he continually worked to raise funds for the library he supported. He would also rely on financial help from his associates in order to supplement his small salary as a federal judge. This allowed him to keep his personal appearance inline with what was expected of prominent citizens. In contravention to his earlier stances during the Oregon Constitutional Convention, Deady later denounced violence against Chinese American
s during the 1870s and 1880s, even convening a grand jury to examine charging anti–Chinese crowds with criminal acts. These crowds were threatening violence against these minorities in an attempt to expel the immigrants from the state.
In Portland, Deady helped establish the University of Oregon’s law school. As the first public law school in the state, the University of Oregon School of Law
opened in 1884 with an address by Deady. The school later moved to the main campus in Eugene
.
From his work in California, the state bar in that state passed a resolution of thanks for Deady’s work. He was also named as a regent to Stanford University
by then United States Senator Leland Stanford
. Deady gave many public speeches and was a prolific writer on the law and other subjects, in addition to his national reputation in the legal field.
In 1878, Matthew's father Daniel died. In October 1892, he suffered a stroke, but continued to preside over the courtroom. Matthew Paul Deady died in Portland on March 24, 1893, at the age of 68. In 1893, the first building at the University of Oregon
was renamed in Deady's honor. Built in 1876, Deady Hall
joined the National Register of Historic Places
in 1972 and was designated a National Historic Landmark
in 1977. Matthew’s wife Lucy died in 1923, followed by son Henderson in 1933. The eldest son Edward died in 1914, with middle son Paul’s death coming in 1920.
Politician
A politician, political leader, or political figure is an individual who is involved in influencing public policy and decision making...
and jurist
Jurist
A jurist or jurisconsult is a professional who studies, develops, applies, or otherwise deals with the law. The term is widely used in American English, but in the United Kingdom and many Commonwealth countries it has only historical and specialist usage...
in the Oregon Territory
Oregon Territory
The Territory of Oregon was an organized incorporated territory of the United States that existed from August 14, 1848, until February 14, 1859, when the southwestern portion of the territory was admitted to the Union as the State of Oregon. Originally claimed by several countries , the region was...
and the state of Oregon
Oregon
Oregon is a state in the Pacific Northwest region of the United States. It is located on the Pacific coast, with Washington to the north, California to the south, Nevada on the southeast and Idaho to the east. The Columbia and Snake rivers delineate much of Oregon's northern and eastern...
of the United States. He served on the Oregon Supreme Court
Oregon Supreme Court
The Oregon Supreme Court is the highest state court in the U.S. state of Oregon. The only court that may reverse or modify a decision of the Oregon Supreme Court is the Supreme Court of the United States. The OSC holds court at the Oregon Supreme Court Building in Salem, Oregon, near the capitol...
from 1853 to 1859, at which time he was appointed to the newly created federal court of the state. He remained on this federal trial level court, the United States District Court for the District of Oregon
United States District Court for the District of Oregon
The United States District Court for the District of Oregon is the Federal district court whose jurisdiction comprises the state of Oregon. It was created in 1859 when the state was admitted to the Union...
in Portland, Oregon
Portland, Oregon
Portland is a city located in the Pacific Northwest, near the confluence of the Willamette and Columbia rivers in the U.S. state of Oregon. As of the 2010 Census, it had a population of 583,776, making it the 29th most populous city in the United States...
, as the sole judge until his death in 1893. While on the court he presided over the trial that led to the United States Supreme Court decision of Pennoyer v. Neff
Pennoyer v. Neff
Pennoyer v. Neff, 95 U.S. 714 , was a decision by the Supreme Court of the United States in which the Court held that a court can exert personal jurisdiction over a party if that party is served with process while physically present within the state.-Factual and procedural background:Marcus Neff...
concerning personal jurisdiction.
Prior to joining the court, Deady served in the legislature of the Oregon Territory
Oregon Territorial Legislature
Oregon’s Territorial Legislature was a bicameral legislative body created by the United States Congress in 1848 as the legislative branch of the government of the Oregon Territory...
, include time as the President of the Council, and was elected as President of the Oregon Constitutional Convention
Oregon Constitutional Convention
The Oregon Constitutional Convention in 1857 drafted the Oregon Constitution in preparation for the Oregon Territory to become a U.S. state. Held from mid-August through September, 60 men met in Salem, Oregon, and created the foundation for Oregon's law. The proposal passed with a vote of 35 for...
in 1857. A native of the state of Maryland
Maryland
Maryland is a U.S. state located in the Mid Atlantic region of the United States, bordering Virginia, West Virginia, and the District of Columbia to its south and west; Pennsylvania to its north; and Delaware to its east...
, his first profession was as a blacksmith. He would also spend time as a teacher in both 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...
and Oregon. Deady read law in Ohio and practiced law for a time in that state before immigrating to the Oregon Territory
Oregon Territory
The Territory of Oregon was an organized incorporated territory of the United States that existed from August 14, 1848, until February 14, 1859, when the southwestern portion of the territory was admitted to the Union as the State of Oregon. Originally claimed by several countries , the region was...
via the Oregon Trail
Oregon Trail
The Oregon Trail is a historic east-west wagon route that connected the Missouri River to valleys in Oregon and locations in between.After 1840 steam-powered riverboats and steamboats traversing up and down the Ohio, Mississippi and Missouri rivers sped settlement and development in the flat...
. In Oregon, he helped codify the laws of the state and assisted in the foundation of the Multnomah County Library
Multnomah County Library
Multnomah County Library is a public library system serving Multnomah County, Oregon, United States. Started in 1864, the system has 19 library locations with books, magazines, DVDs, and computers. It is the largest library system in Oregon serving a population of 724,680, with more than 425,000...
in Portland. He also was president of the University of Oregon
University of Oregon
-Colleges and schools:The University of Oregon is organized into eight schools and colleges—six professional schools and colleges, an Arts and Sciences College and an Honors College.- School of Architecture and Allied Arts :...
's board of regents. The university renamed Deady Hall
Deady Hall
Deady Hall is a historic building located in Eugene, Oregon, United States. It was the University of Oregon's first building, and remained the university's only building for almost ten years after its construction...
in his honor after his death.
Early life
Matthew Deady was born near EastonEaston, Maryland
Easton, founded 1710, is a town within the Easton District of Talbot County, Maryland, United States. The population was 11,708 at the 2000 census, and 14,677 according to current July 2008 census estimates. It is the county seat of Talbot County. The primary ZIP Code is 21601, and the...
, Talbot County
Talbot County, Maryland
-2010:Whereas according to the 2010 U.S. Census Bureau:*81.4% White*12.8% Black*0.2% Native American*1.2% Asian*0.1% Native Hawaiian or Pacific Islander*1.6% Two or more races*2.7% Other races*5.5% Hispanic or Latino -2000:...
, Maryland
Maryland
Maryland is a U.S. state located in the Mid Atlantic region of the United States, bordering Virginia, West Virginia, and the District of Columbia to its south and west; Pennsylvania to its north; and Delaware to its east...
, on May 12, 1824. His parents were Daniel Deady and the former Mary Ann McSweeny. His father was born in Ireland on September 25, 1794, and married McSweeny on June 10, 1823. Matthew was the oldest of five children in the family. He began his education at the school where his father was a teacher, remaining at that school until the age of twelve. In 1828, the family relocated from the Baltimore, Maryland, area to Wheeling
Wheeling, West Virginia
Wheeling is a city in Ohio and Marshall counties in the U.S. state of West Virginia; it is the county seat of Ohio County. Wheeling is the principal city of the Wheeling Metropolitan Statistical Area...
, 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...
, (now West Virginia
West Virginia
West Virginia is a state in the Appalachian and Southeastern regions of the United States, bordered by Virginia to the southeast, Kentucky to the southwest, Ohio to the northwest, Pennsylvania to the northeast and Maryland to the east...
). The Deadys also lived for brief periods of time in Cincinnati, Ohio
Cincinnati, Ohio
Cincinnati is a city in the U.S. state of Ohio. Cincinnati is the county seat of Hamilton County. Settled in 1788, the city is located to north of the Ohio River at the Ohio-Kentucky border, near Indiana. The population within city limits is 296,943 according to the 2010 census, making it Ohio's...
, Rodney, Missouri, and Covington, Kentucky
Covington, Kentucky
-Demographics:As of the census of 2000, there were 43,370 people, 18,257 households, and 10,132 families residing in the city. The population density was 3,301.3 people per square mile . There were 20,448 housing units at an average density of 1,556.5 per square mile...
.
In Wheeling, his father was employed as a teacher and principal at the Lancasterian Academy. On May 31, 1834, his mother died while the family was living in Wheeling. Deady’s family was split up, with Matthew sent back to Baltimore for two years. In Baltimore, he lived with an uncle and grandfather while working in a store. Deady then returned to Wheeling to live with his father while attending school and working in a local music shop. In the Spring of 1837 he moved just across the Ohio River
Ohio River
The Ohio River is the largest tributary, by volume, of the Mississippi River. At the confluence, the Ohio is even bigger than the Mississippi and, thus, is hydrologically the main stream of the whole river system, including the Allegheny River further upstream...
to the state of 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...
where his father had purchased a farm in Beaver Township
Beaver Township, Noble County, Ohio
Beaver Township is one of the fifteen townships of Noble County, Ohio, United States. The 2000 census found 758 people in the township, 658 of whom lived in the unincorporated portions of the township.-Geography:...
.
Matthew Deady spent the next four years working for his father on the family farm, engaged in manual labor, while also reading extensively in his spare time. On February 17, 1841, he left home after a disagreement with his father and moved to Barnesville, Ohio
Barnesville, Ohio
Barnesville is a village in Belmont County, Ohio, United States. It is part of the Wheeling, West Virginia Metropolitan Statistical Area. The population was 4,225 at the 2000 census...
. For four years he lived with the family of John Kelly, working as a blacksmith’s apprentice. Beginning in 1843, Deady attended Barnesville Academy, continuing his education there until four months beyond the time that his blacksmith apprenticeship ended. The apprenticeship had paid for the first six months of school. At the school he earned a certificate that allowed him to become a teacher on July 7, 1845, from his instructor Nathan R. Smith.
After graduating, Deady began teaching to pay off a debt incurred for his education, and began to read law. He read law in St. Clairsville, Ohio
St. Clairsville, Ohio
St. Clairsville is a city in Belmont County, Ohio in the United States. It is part of the Wheeling, West Virginia Metropolitan Statistical Area. The population was 5,057 at the 2000 census. This county seat of Belmont County has been nicknamed "Paradise on the Hill." St. Clairsville was named after...
, under the guidance of judge and former Congressman William Kennon. Deady passed the Ohio bar on October 26, 1847, and began practicing law in St. Clairsville at the office of Henry Kennon. He remained there until on April 17, 1849, he began his overland journey over the Oregon Trail
Oregon Trail
The Oregon Trail is a historic east-west wagon route that connected the Missouri River to valleys in Oregon and locations in between.After 1840 steam-powered riverboats and steamboats traversing up and down the Ohio, Mississippi and Missouri rivers sped settlement and development in the flat...
to the newly created Oregon Territory
Oregon Territory
The Territory of Oregon was an organized incorporated territory of the United States that existed from August 14, 1848, until February 14, 1859, when the southwestern portion of the territory was admitted to the Union as the State of Oregon. Originally claimed by several countries , the region was...
.
Oregon
Deady originally was to travel with a government designated Indian agentIndian agent
In United States history, an Indian agent was an individual authorized to interact with Native American tribes on behalf of the U.S. government.-Indian agents:*Leander Clark was agent for the Sac and Fox in Iowa beginning in 1866....
and the agent's family. At Fort Leavenworth
Fort Leavenworth
Fort Leavenworth is a United States Army facility located in Leavenworth County, Kansas, immediately north of the city of Leavenworth in the upper northeast portion of the state. It is the oldest active United States Army post west of Washington, D.C. and has been in operation for over 180 years...
the agent remained, and Deady continued his journey in the company of a United States Army
United States Army
The United States Army is the main branch of the United States Armed Forces responsible for land-based military operations. It is the largest and oldest established branch of the U.S. military, and is one of seven U.S. uniformed services...
regiment bound for Fort Vancouver
Fort Vancouver
Fort Vancouver was a 19th century fur trading outpost along the Columbia River that served as the headquarters of the Hudson's Bay Company in the company's Columbia District...
. Taking the Oregon Trail
Oregon Trail
The Oregon Trail is a historic east-west wagon route that connected the Missouri River to valleys in Oregon and locations in between.After 1840 steam-powered riverboats and steamboats traversing up and down the Ohio, Mississippi and Missouri rivers sped settlement and development in the flat...
, he arrived where Portland, Oregon
Portland, Oregon
Portland is a city located in the Pacific Northwest, near the confluence of the Willamette and Columbia rivers in the U.S. state of Oregon. As of the 2010 Census, it had a population of 583,776, making it the 29th most populous city in the United States...
, now stands on November 14, 1849. The next day he went to neighboring Oregon City
Oregon City, Oregon
Oregon City was the first city in the United States west of the Rocky Mountains to be incorporated. It is the county seat of Clackamas County, Oregon...
, and then a few days later west to Lafayette, Oregon
Lafayette, Oregon
Lafayette is a city in Yamhill County, Oregon, United States on the Yamhill River and Oregon Route 99W. It was founded in 1846 and incorporated in 1878...
. At that city, the county seat of Yamhill County
Yamhill County, Oregon
-National protected areas:*Siuslaw National Forest *Tualatin River National Wildlife Refuge -Demographics:As of the census of 2000, there were 84,992 people, 28,732 households, and 21,376 families residing in the county. The population density was 119 people per square mile . There were 30,270...
at that time, the red-haired Deady began teaching as his occupation to make ends meet. He first worked for room and board, but for the second term of the school year he was paid $75 per month.
While teaching he was consulted by the county commissioner and helped to set up the courts and laws in Yamhill County. In March 1850, he began practicing law in Oregon, appearing for three cases before judge Orville C. Pratt
Orville C. Pratt
Orville C. Pratt was an American jurist and attorney. He served as the 2nd Associate Justice on the Oregon Supreme Court serving from 1848 to 1852. He wrote the lone dissenting opinion in the controversy over the Oregon Territory’s capital between Oregon City and Salem.-Early life:Pratt was born...
held at a local tavern. After receiving payment for his services, he sent $100 back to Ohio to Henry Kennon to pay off some debt. That summer he worked for Peter H. Burnett’s brother, Elder Glen Burnett, running his store while Burnett was in California
California
California is a state located on the West Coast of the United States. It is by far the most populous U.S. state, and the third-largest by land area...
acquiring supplies. While working at the store he sold many supplies to the local Native Americans and learned some Chinook jargon
Chinook Jargon
Chinook Jargon originated as a pidgin trade language of the Pacific Northwest, and spread during the 19th century from the lower Columbia River, first to other areas in modern Oregon and Washington, then British Columbia and as far as Alaska, sometimes taking on characteristics of a creole language...
from them.
On June 24, 1852, Deady married Lucy A. Henderson, with whom he would have three children who survived childbirth. Lucy came to Oregon in 1846 with her parents Robert Henderson and Rhoda Holman from Kentucky
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...
. The Deady’s children were three sons; Edward Nesmith (born 1853), Paul Robert (born 1856), and Henderson Brooke (born 1869). Henderson studied medicine, while Paul and Edward became attorneys like their father. Matthew Geoffrey (born 1860) and Mary (born 1866) died at birth.
While practicing law at Lafayette he represented Adam Wimple of neighboring Polk County
Polk County, Oregon
Polk County is a county located in the U.S. state of Oregon. The county is named for James Knox Polk, the 11th president of the United States. In 2010, its population was 75,403. The seat of the county is Dallas....
after Wimple had been charged for murdering his wife. Deady represented him at trial and was to receive as payment Wimple’s land claim via his will. Wimple was convicted of the murder and sentenced to death, but was only hung after being recaptured from a jail break. In 1852, Deady was among many legal minds and politicians in the territory such as Joseph C. Avery
Joseph C. Avery
Joseph Conant Avery was the founder of Corvallis, Oregon, United States. Avery was the first postmaster for the community, and served as a legislator in the Provisional Government of Oregon and the government of the Oregon Territory.-Early life:...
and Robert Moore
Robert Moore (Oregon pioneer)
Robert Moore was an American politician and pioneer in the Oregon Country. A Pennsylvania native and veteran of the War of 1812, he also participated in the early movements to form a government in Oregon Country and founded Linn City, Oregon...
that signed a petition asking Governor John P. Gaines
John P. Gaines
John Pollard Gaines was a U.S. military and political figure. He was a Whig member of the United States House of Representatives, representing Kentucky from 1847 to 1849, and he served as Governor of the Oregon Territory from 1850 to 1853, stepping down after a turbulent term in office.-Early...
to pardon Nimrod O'Kelly after O'Kelly's controversial conviction for murder. O'Kelly was eventually spared from the gallows.
Political career
Deady was elected to the Oregon Territorial LegislatureOregon Territorial Legislature
Oregon’s Territorial Legislature was a bicameral legislative body created by the United States Congress in 1848 as the legislative branch of the government of the Oregon Territory...
in 1850, where he represented Yamhill County
Yamhill County, Oregon
-National protected areas:*Siuslaw National Forest *Tualatin River National Wildlife Refuge -Demographics:As of the census of 2000, there were 84,992 people, 28,732 households, and 21,376 families residing in the county. The population density was 119 people per square mile . There were 30,270...
as a Democrat in the lower chamber House of Representatives. He attended the session held in Oregon City beginning in December, where he met James W. Nesmith
James W. Nesmith
James Willis Nesmith was an American politician and lawyer from Oregon. Born in Canada to American parents, he grew up in New Hampshire and Maine...
and Asahel Bush
Asahel Bush
Asahel Bush was an American newspaper publisher and businessman in Salem, Oregon. As publisher the Oregon Statesman newspaper, he moved the paper to Salem when the territorial capital moved to that city...
for the first time. Those three would become influential leaders of the Democratic Party in the Oregon Territory
Oregon Territory
The Territory of Oregon was an organized incorporated territory of the United States that existed from August 14, 1848, until February 14, 1859, when the southwestern portion of the territory was admitted to the Union as the State of Oregon. Originally claimed by several countries , the region was...
, and later the state of Oregon. Deady was an early member of the Democratic Party
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...
in the territory.
During his initial session in the territorial legislature in 1850, Deady served on the judicial committee and helped draft many of the laws in the territory. The Oregon Territory had just been created by the United States Congress in 1848, with the territorial government taking control in early 1849. Following the 1850 to 1851 session, the secretary
Oregon Secretary of State
The Secretary of State of Oregon, an elected constitutional officer within the executive branch of government of the U.S. state of Oregon, is first in line of succession to the Governor. The duties of office are: auditor of public accounts, chief elections officer, and administrator of public...
of the territory, Edward D. Hamilton
Edward D. Hamilton
Edward D. Hamilton was an American attorney, military officer, and politician in what became the state of Oregon. A native of Virginia, he lived in Ohio before fighting in the Mexican-American War. A member of the Whig Party, he served as Secretary for the Oregon Territory in the 1850s...
, asked Deady to assist in publishing the laws passed by the legislature for all previous sessions of the legislative assembly. Deady helped with this process, in what became the first volume of laws published in Oregon.
In 1851, Deady was elected to the upper chamber Council, and the following session served as President of that chamber. During the 1851 session he served as chairman of the Council’s judiciary committee. In all, Deady attended two regular sessions and one special session of the legislature from 1851 to 1853.
Judicial career
Oregon Supreme Court
The Oregon Supreme Court is the highest state court in the U.S. state of Oregon. The only court that may reverse or modify a decision of the Oregon Supreme Court is the Supreme Court of the United States. The OSC holds court at the Oregon Supreme Court Building in Salem, Oregon, near the capitol...
in 1853 by United States President Franklin Pierce
Franklin Pierce
Franklin Pierce was the 14th President of the United States and is the only President from New Hampshire. Pierce was a Democrat and a "doughface" who served in the U.S. House of Representatives and the Senate. Pierce took part in the Mexican-American War and became a brigadier general in the Army...
. Pierce appointed him to a second term in 1857. At this time justices of the court also rode circuit
Circuit rider (U.S. Court system)
Circuit rider is a term in the United States for a professional who travels a regular circuit of locations to provide services. The term first came into widespread application for judges, particularly in the sparsely populated American West, who would hold court in each town in their circuit on a...
, presiding over trials in designated counties in addition to serving as an appellate court judge for the Supreme Court. Deady was assigned to the southern counties of the territory, holding court in each county twice per year.
During this time on the court, in the Spring of 1853, he moved south to a farm
Farm
A farm is an area of land, or, for aquaculture, lake, river or sea, including various structures, devoted primarily to the practice of producing and managing food , fibres and, increasingly, fuel. It is the basic production facility in food production. Farms may be owned and operated by a single...
in the Umpqua River
Umpqua River
The Umpqua River on the Pacific coast of Oregon in the United States is approximately long. One of the principal rivers of the Oregon Coast and known for bass and shad, the river drains an expansive network of valleys in the mountains west of the Cascade Range and south of the Willamette Valley,...
valley
Valley
In geology, a valley or dale is a depression with predominant extent in one direction. A very deep river valley may be called a canyon or gorge.The terms U-shaped and V-shaped are descriptive terms of geography to characterize the form of valleys...
. After paying a squatter $100 for the land on Campas Swale, Deady filed for a land claim under the Donation Land Claim Act
Donation Land Claim Act
The Donation Land Claim Act of 1850 was a statute enacted by the United States Congress intended to promote homestead settlement in the Oregon Territory in the Pacific Northwest...
and moved the family there in the fall, naming it Fair Oaks. While on the court, he helped to establish the court systems in four of the counties in Southern Oregon
Southern Oregon
Southern Oregon is a region of the U.S. state of Oregon south of Lane County and generally west of the Cascade Range, excluding the southern Oregon Coast. Counties include Douglas, Jackson, Klamath, and Josephine. It includes the Southern Oregon American Viticultural Area, which consists of the...
, and traveled around 1500 miles (2,414 km) each year to hold court. He won election to a full term in 1858 to take effect once Oregon became a state, but resigned before taking office in 1859.
In 1857, Deady was elected as a delegate to the Oregon Constitutional Convention
Oregon Constitutional Convention
The Oregon Constitutional Convention in 1857 drafted the Oregon Constitution in preparation for the Oregon Territory to become a U.S. state. Held from mid-August through September, 60 men met in Salem, Oregon, and created the foundation for Oregon's law. The proposal passed with a vote of 35 for...
. The convention was held in the territorial capital of Salem
Salem, Oregon
Salem is the capital of the U.S. state of Oregon, and the county seat of Marion County. It is located in the center of the Willamette Valley alongside the Willamette River, which runs north through the city. The river forms the boundary between Marion and Polk counties, and the city neighborhood...
to prepare the territory for statehood. He became president
President
A president is a leader of an organization, company, trade union, university, or country.Etymologically, a president is one who presides, who sits in leadership...
of the body and was influential in shaping the new state constitution, which outlawed slavery but excluded African-Americans from settling in the new state. Deady successfully advocated for provisions in the document to set six–year terms for judges, four–year terms for state officers, and biennial sessions for the legislature. He also led the southern party, which opposed state education in all forms. During the debates Deady also advocated for discrimination towards Chinese immigrants and Blacks, as well as in favor for slavery in Oregon.
United States District Court for the District of Oregon
The United States District Court for the District of Oregon is the Federal district court whose jurisdiction comprises the state of Oregon. It was created in 1859 when the state was admitted to the Union...
by President James Buchanan
James Buchanan
James Buchanan, Jr. was the 15th President of the United States . He is the only president from Pennsylvania, the only president who remained a lifelong bachelor and the last to be born in the 18th century....
. Two days later the United States Senate
United States Senate
The United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each...
confirmed the nomination and Deady received his commission to the court that had been created once Oregon became the 33rd state on February 14, 1859. Deady held the first session of the court on September 12, 1859, in Salem, but had the court relocated to Portland by the start of the September session of 1860. Deady then moved to Portland where he helped to found the Multnomah County
Multnomah County, Oregon
Multnomah County is one of 36 counties in the U.S. state of Oregon. Though smallest in area, it is the most populous as its county seat, Portland, is the state's largest city...
Library
Library
In a traditional sense, a library is a large collection of books, and can refer to the place in which the collection is housed. Today, the term can refer to any collection, including digital sources, resources, and services...
. He would serve as president of that organization for a number of years. In Portland, he wrote the articles of incorporation for the city, which became the standard in the state for other cities. At first Portland did not have a courthouse for Deady to use, so he rented two rooms from Benjamin Stark
Benjamin Stark
Benjamin Stark was an American merchant and politician in Oregon. A native of Louisiana, he purchased some of the original tracts of land for the city of Portland. He later served in the Oregon House of Representatives before appointment to the United States Senate in 1860 after the death of...
on what is now Water Street until a federal courthouse was built beginning in 1869. That courthouse was first named the United States Building, and is now named the Pioneer Courthouse
Pioneer Courthouse
The Pioneer Courthouse is a federal courthouse in Portland, Oregon, United States. Built beginning in 1869, the structure is the oldest federal building in the Pacific Northwest, and the second oldest west of the Mississippi River. Along with Pioneer Courthouse Square, it serves as the center of...
, with Deady moving into the building when it was finished in 1875.
In 1867, United States Supreme Court justice Stephen Johnson Field
Stephen Johnson Field
Stephen Johnson Field was an American jurist. He was an Associate Justice of the United States Supreme Court of the United States Supreme Court from May 20, 1863, to December 1, 1897...
assigned Deady to serve as a circuit court judge for the United States circuit court
United States circuit court
The United States circuit courts were the original intermediate level courts of the United States federal court system. They were established by the Judiciary Act of 1789. They had trial court jurisdiction over civil suits of diversity jurisdiction and major federal crimes. They also had appellate...
located in San Francisco, California
San Francisco, California
San Francisco , officially the City and County of San Francisco, is the financial, cultural, and transportation center of the San Francisco Bay Area, a region of 7.15 million people which includes San Jose and Oakland...
. Deady did the same in 1868 and 1869 since there was no circuit court judge assigned to the West Coast at that time, spending three months in San Francisco each year. This was a common practice during this period, as United States Supreme Court justices still rode circuit, and often assigned federal district court judges to serve on the appellate level circuit courts. The Judiciary Act of 1869
Judiciary Act of 1869
The Judiciary Act of 1869 , also called the Circuit Judges Act of 1869, was a United States statute that made two important reforms of the federal judiciary....
reduced much of this process, as did the Judiciary Act of 1891
Judiciary Act of 1891
The Judiciary Act of 1891 , also known as the Evarts Act after its primary sponsor, Senator William M. Evarts, created the United States courts of appeals, and reassigned the jurisdiction of most routine appeals from the district and circuit courts to these appellate courts...
that established the current United States courts of appeals
United States courts of appeals
The United States courts of appeals are the intermediate appellate courts of the United States federal court system...
with Oregon in the Ninth Circuit
United States Court of Appeals for the Ninth Circuit
The United States Court of Appeals for the Ninth Circuit is a U.S. federal court with appellate jurisdiction over the district courts in the following districts:* District of Alaska* District of Arizona...
. While serving on the district court, Deady served as president of the Board of Regents of the State University (later University of Oregon
University of Oregon
-Colleges and schools:The University of Oregon is organized into eight schools and colleges—six professional schools and colleges, an Arts and Sciences College and an Honors College.- School of Architecture and Allied Arts :...
) from 1873 to 1893. He also designed the university’s seal, which is still used by the school.
In 1874, in a district court case, Deady ruled in favor of Marcus Neff
Marcus Neff
Marcus Neff was the respondent in the United States Supreme Court case Pennoyer v. Neff. Neff was one of the early settlers of the U.S. state of Oregon, having traveled there from Iowa in early 1848. Neff subsequently claimed a parcel of land in Oregon under the Donation Land Claim Act of 1850...
in a lawsuit against Sylvester Pennoyer
Sylvester Pennoyer
Sylvester Pennoyer was an American educator, attorney, and politician in Oregon. He was born in New York, attended Harvard Law School, and moved to Oregon at age 25. A Democrat, he served two terms as the eighth Governor of Oregon from 1886 to 1895. He joined the Populist cause in the early 1890s...
concerning unpaid legal fees to John H. Mitchell
John H. Mitchell
John Hipple Mitchell, also known as John Mitchell Hipple, John H. Mitchell, or J. H. Mitchell was a controversial American lawyer and politician, who served as a Republican United States Senator from Oregon on three occasions between 1872 and 1905...
and a sheriff's auction of Neff's land to Pennoyer. The case would become the landmark U.S. Supreme Court decision of Pennoyer v. Neff
Pennoyer v. Neff
Pennoyer v. Neff, 95 U.S. 714 , was a decision by the Supreme Court of the United States in which the Court held that a court can exert personal jurisdiction over a party if that party is served with process while physically present within the state.-Factual and procedural background:Marcus Neff...
that helped define the law of personal jurisdiction. In 1885, Deady admitted Mary Leonard
Mary Leonard
Mary Leonard was an American attorney and accused murderer in the state of Oregon. A native of France, she was acquitted for the murder of her husband that many believed she had committed...
to the federal bar
Bar (law)
Bar in a legal context has three possible meanings: the division of a courtroom between its working and public areas; the process of qualifying to practice law; and the legal profession.-Courtroom division:...
, the first woman admitted to practice in Oregon, though the Oregon Supreme Court at first denied her admittance to the state bar on technical grounds. Later that year the Oregon legislature resolved the technical issue in the statute and the state high court admitted Leonard into the state bar.
Among Deady's work is the General Laws of Oregon, which he compiled and annotated in 1866. This work consisted of a Code of Civil Procedure, a Penal Code, and a Code of Criminal Procedure. In this role he not only codified existing laws, but also made new laws. Deady often drafted the legislation that led to state statutes, thus playing a crucial role in the lawmaking process in the state of Oregon between 1859 and 1872. In 1874, Deady and fellow code commissioner and later U.S. Representative Lafayette Lane
Lafayette Lane
Lafayette Lane was a Representative from the U.S. state of Oregon. He was the son of Oregon Senator Joseph Lane and an uncle of future Oregon Senator Harry Lane.-Early life:...
updated Deady’s earlier compilation of the state’s laws. His criminal laws remained largely in effect in Oregon until the legislature revised much of those laws in 1971. Deady also was the author of the state's business incorporation act. The act was the first in the country to place all business corporations on the same level by requiring a minimum of three people to incorporate as a business. Regarding Deady's contributions to Oregon, former Oregon Supreme Court justice and United States Attorney General George Henry Williams
George Henry Williams
George Henry Williams was an American judge and politician. He served as Chief Justice of the Oregon Supreme Court, was the 32nd Attorney General of the United States, and served one term in the United States Senate...
said: "No hand has been so strongly and deeply impressed upon the legislative and judicial history of Oregon as that of Judge Deady."
Later years and legacy
Chinese American
Chinese Americans represent Americans of Chinese descent. Chinese Americans constitute one group of overseas Chinese and also a subgroup of East Asian Americans, which is further a subgroup of Asian Americans...
s during the 1870s and 1880s, even convening a grand jury to examine charging anti–Chinese crowds with criminal acts. These crowds were threatening violence against these minorities in an attempt to expel the immigrants from the state.
In Portland, Deady helped establish the University of Oregon’s law school. As the first public law school in the state, the University of Oregon School of Law
University of Oregon School of Law
The University of Oregon School of Law is a public law school in the U.S. state of Oregon. Housed in the Knight Law Center, it is Oregon's only state funded law school. The school, founded in 1884, is located on the University of Oregon campus in Eugene, on the corner of 15th and Agate streets,...
opened in 1884 with an address by Deady. The school later moved to the main campus in Eugene
Eugene, Oregon
Eugene is the second largest city in the U.S. state of Oregon and the seat of Lane County. It is located at the south end of the Willamette Valley, at the confluence of the McKenzie and Willamette rivers, about east of the Oregon Coast.As of the 2010 U.S...
.
From his work in California, the state bar in that state passed a resolution of thanks for Deady’s work. He was also named as a regent to Stanford University
Stanford University
The Leland Stanford Junior University, commonly referred to as Stanford University or Stanford, is a private research university on an campus located near Palo Alto, California. It is situated in the northwestern Santa Clara Valley on the San Francisco Peninsula, approximately northwest of San...
by then United States Senator Leland Stanford
Leland Stanford
Amasa Leland Stanford was an American tycoon, industrialist, robber baron, politician and founder of Stanford University.-Early years:...
. Deady gave many public speeches and was a prolific writer on the law and other subjects, in addition to his national reputation in the legal field.
In 1878, Matthew's father Daniel died. In October 1892, he suffered a stroke, but continued to preside over the courtroom. Matthew Paul Deady died in Portland on March 24, 1893, at the age of 68. In 1893, the first building at the University of Oregon
University of Oregon
-Colleges and schools:The University of Oregon is organized into eight schools and colleges—six professional schools and colleges, an Arts and Sciences College and an Honors College.- School of Architecture and Allied Arts :...
was renamed in Deady's honor. Built in 1876, Deady Hall
Deady Hall
Deady Hall is a historic building located in Eugene, Oregon, United States. It was the University of Oregon's first building, and remained the university's only building for almost ten years after its construction...
joined the National Register of Historic Places
National Register of Historic Places
The National Register of Historic Places is the United States government's official list of districts, sites, buildings, structures, and objects deemed worthy of preservation...
in 1972 and was designated a National Historic Landmark
National Historic Landmark
A National Historic Landmark is a building, site, structure, object, or district, that is officially recognized by the United States government for its historical significance...
in 1977. Matthew’s wife Lucy died in 1923, followed by son Henderson in 1933. The eldest son Edward died in 1914, with middle son Paul’s death coming in 1920.
Works authored
Matthew Deady authored more than ten different works in addition to his court opinions.- The Code of Civil Procedure and Other General Statutes of Oregon: Enacted by the Legislative Assembly at the Session Commencing September 8, A.D. 1862. With A. C. GibbsA. C. GibbsAddison Cranwick Gibbs was an American politician. He was the second Governor of Oregon from 1862 until 1866, and previously served in the Oregon Territory's legislative body and later the state legislature.-Early life:...
and James K. KellyJames K. KellyJames Kerr Kelly was an American politician born in Pennsylvania. He was a United States Senator for Oregon from 1871 to 1877, and later Chief Justice of the Oregon Supreme Court...
. Asahel BushAsahel BushAsahel Bush was an American newspaper publisher and businessman in Salem, Oregon. As publisher the Oregon Statesman newspaper, he moved the paper to Salem when the territorial capital moved to that city...
, State Printer: Salem, Or. (1863). - The Organic and Other General Laws of Oregon, Together with the National Constitution and Other Public Acts and Statutes of the United States. 1845-1864. H.L. PittockHenry PittockHenry Lewis Pittock was an Oregon pioneer, newspaper editor, publisher, and wood and paper magnate. He was active in Republican politics and Portland, Oregon civic affairs, a Freemason and an avid outdoorsman and adventurer...
, State Printer: Portland. (1866). - Reports of Cases Determined in the Circuit and District Courts of the United States of Oregon and California. A.L. Bancroft: San Francisco. (1872).
- The Organic and Other General Laws of Oregon, Together with the National Constitution and Other Public Acts and Statutes of the United States: 1843-1872. With Lafayette LaneLafayette LaneLafayette Lane was a Representative from the U.S. state of Oregon. He was the son of Oregon Senator Joseph Lane and an uncle of future Oregon Senator Harry Lane.-Early life:...
. E. Semple, State Printer: Portland. (1874). - History and Progress of Oregon After 1845: In Continuation of the History of Oregon Before 1845, as Given in Deady's Address to the Pioneers at Salem in 1875. With Hubert Howe BancroftHubert Howe BancroftHubert Howe Bancroft was an American historian and ethnologist who wrote and published works concerning the western United States, Texas, Mexico, Central America, British Columbia and Alaska.-Biography:...
. - Wallamet or Willamette. G.H. Himes: Portland. (1875).
- An Address to the Graduating Class of Wallamet University. Geo. H. Himes' Steam Printing Establishment: Portland. (1876).
- Oration Delivered at Roseburg. Committee of Arrangements: Roseburg, Or. (1877).
- An Address to the Graduating Class of the University of Oregon. G.H. Himes: Portland. (1878).
- The Dallas Methodist Mission Cases. Opinion of the Court. Himes. (1879).
- "To be or to have": 1879: An Address to the Graduating Class of the University of Oregon. Published by order of the Board of Regents: Portland. (1879).
- Commencement Address Delivered at St. Helen's Hall, Portland, Oregon. Portland. (1880).
- Oration Delivered at Portland by Matthew P. Deady ... July 4, 1885. A. G. Walling: Portland. (1885).
- "Towns and cities": University of Oregon Commencement 1886 Address. Published by order of the Board of Regents: Portland. (1886).
- Addresses by Matthew P. Deady, U. S. District Judge: Centennial Celebration Washington's Inauguration, Portland, Oregon, April 30, 1889, and Fourth of July, Vancouver, Washington, 1889. Himes Printing Co.: Portland. (1890).
- Pharisee Among Philistines: The Diary of Judge Matthew P. Deady, 1871-1892. Oregon Historical SocietyOregon Historical SocietyThe Oregon Historical Society is an organization that encourages and promotes the study and understanding of the history of the Oregon Country, within the broader context of U.S. history. Incorporated in 1898, the Society collects, preserves, and makes available materials of historical character...
: Portland. (1975).