Samuel Beach Axtell
Encyclopedia
Samuel Beach Axtell. Notable for being the most controversial Chief Justice of the New Mexico Territorial Supreme Court; corrupted administration as Governor of New Mexico; brief tenure as Governor of Utah; and two term Congressman from 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...

.

Early life

Axtell was born in Franklin County, Ohio
Franklin County, Ohio
Franklin County is a county located in the state of Ohio, United States. In 2010 the population was 1,163,414, making it the second largest county in Ohio and the 34th largest county in population in the United States. Franklin County is also the largest in the eight-county Columbus, Ohio...

, to a family of farmers. An ancestor was an officer in the American Revolution
American Revolution
The American Revolution was the political upheaval during the last half of the 18th century in which thirteen colonies in North America joined together to break free from the British Empire, combining to become the United States of America...

ary army and his grandfather was a Colonel of a New Jersey
New Jersey
New Jersey is a state in the Northeastern and Middle Atlantic regions of the United States. , its population was 8,791,894. It is bordered on the north and east by the state of New York, on the southeast and south by the Atlantic Ocean, on the west by Pennsylvania and on the southwest by Delaware...

 regiment during the war of 1812
War of 1812
The War of 1812 was a military conflict fought between the forces of the United States of America and those of the British Empire. The Americans declared war in 1812 for several reasons, including trade restrictions because of Britain's ongoing war with France, impressment of American merchant...

. He married Adaline S. Williams of Summit County, Ohio
Summit County, Ohio
Summit County is an urban county located in the state of Ohio, United States. As of the 2000 census, the population was 542,899. In the 2010 Census the population was 541,781. Its county seat is Akron...

, September 20, 1840 and moved to Mt. Clemens, Michigan in 1843. Axtell was a graduate of the Western Reserve College
Western Reserve College
Western Reserve College may refer to:* Western Reserve Academy, a private, mid-sized, coeducational boarding and day college preparatory school located in Hudson, Ohio...

 at Oberlin, Ohio
Oberlin, Ohio
Oberlin is a city in Lorain County, Ohio, United States, to the south and west of Cleveland. Oberlin is perhaps best known for being the home of Oberlin College, a liberal arts college and music conservatory with approximately 3,000 students...

 and was admitted to the bar 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...

 in the 1830s.

Life in California

In 1851, Axtell was caught up in the last days of the California Gold Rush
California Gold Rush
The California Gold Rush began on January 24, 1848, when gold was found by James W. Marshall at Sutter's Mill in Coloma, California. The first to hear confirmed information of the gold rush were the people in Oregon, the Sandwich Islands , and Latin America, who were the first to start flocking to...

. He moved to 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...

 and engaged in gold mining along the American River
American River
The American River is a California watercourse noted as the site of Sutter's Mill, northwest of Placerville, California, where gold was found in 1848, leading to the California Gold Rush...

 - in which he had little success. Upon the organization of California's counties he became interested in Politics
Politics
Politics is a process by which groups of people make collective decisions. The term is generally applied to the art or science of running governmental or state affairs, including behavior within civil governments, but also applies to institutions, fields, and special interest groups such as the...

 and was elected district attorney of Amador County
Amador County, California
Amador County is a county located in the Sierra Nevada of the U.S. state of California. As of the 2010 census, the population was 38,091. The county seat is Jackson.Amador County bills itself as "The Heart of the Mother Lode" and lies within the Gold Country...

, holding this office for three terms. He moved to San Francisco
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...

 in 1860, and was elected to 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....

 as a Democrat, Representing California's First Congressional District
Congressional district
A congressional district is “a geographical division of a state from which one member of the House of Representatives is elected.”Congressional Districts are made up of three main components, a representative, constituents, and the specific land area that both the representative and the...

 in 1866 and re-elected 1868. He chose not to run for re-election when he changed political parties.

Governor Axtell

As a prominent western Republican, he was tapped 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....

 Ulysses Grant to be the Governor of the Utah Territory in 1874. Within the year, he was appointed to the slightly more prestigious post of 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...

 on July 30, 1875.

Axtell exhibited good administrative and legislative qualities while Governor of Utah and Representative from California, respectively, but his tenure as Governor of New Mexico would be so inept, a federal agent named Frank Angel would later describe Governor Axtell's administration as having more "corruption, fraud, mismanagement, plots and murder" than any other Governor in the history of the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...

. This contributed to the lawlessness that prevailed in much of the territory, and Axtell's inability to understand or combat that problem. He often exhibited dictatorial practices, and when something was wrong, he would blame someone else.

The straw that broke his back as Governor was created in 1878 when he issued a proclamation declaring that he had no paper to issue a proclamation on, which was obviously false, as he was able to issue that proclamation. This embarrassing episode was chronicled in eastern newspapers and lead Secretary of the Interior
United States Secretary of the Interior
The United States Secretary of the Interior is the head of the United States Department of the Interior.The US Department of the Interior should not be confused with the concept of Ministries of the Interior as used in other countries...

 Carl Schurz
Carl Schurz
Carl Christian Schurz was a German revolutionary, American statesman and reformer, and Union Army General in the American Civil War. He was also an accomplished journalist, newspaper editor and orator, who in 1869 became the first German-born American elected to the United States Senate.His wife,...

 to initiate an investigation into Axtell's activities as Governor. The investigation turned up so much corruption that Secretary Schurz suspended the Governor, and 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...

 Rutherford B. Hayes
Rutherford B. Hayes
Rutherford Birchard Hayes was the 19th President of the United States . As president, he oversaw the end of Reconstruction and the United States' entry into the Second Industrial Revolution...

 appointed the famous General Lew Wallace
Lew Wallace
Lewis "Lew" Wallace was an American lawyer, Union general in the American Civil War, territorial governor and statesman, politician and author...

 to quickly fix the numerous problems Axtell had caused.

Chief Justice

Despite the corruption, no criminal charges were brought against Axtell. Indeed, he was still seen as a prominent political figure in New Mexico. After a brief cooling off period, he was appointed 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 New Mexico Territorial Supreme Court in 1882. He would resign in May 1885 after Grover Cleveland
Grover Cleveland
Stephen Grover Cleveland was the 22nd and 24th president of the United States. Cleveland is the only president to serve two non-consecutive terms and therefore is the only individual to be counted twice in the numbering of the presidents...

 was elected President, and planned to remove Axtell from the office.

In 1890 he was elected chairman of the New Mexico Territorial Republican Committee.

He died at Morristown, New Jersey
Morristown, New Jersey
Morristown is a town in Morris County, New Jersey, United States. As of the 2010 United States Census, the town population was 18,411. It is the county seat of Morris County. Morristown became characterized as "the military capital of the American Revolution" because of its strategic role in the...

.

Legacy

Despite his total failure as Governor, he was a brilliant Jurist, and that is his political legacy. On the bench he endeavored at all times to secure what he saw fit to designate as "substantial justice" for all litigants, and judicial precedents which interfered with the main object of trials in his court, or with equity from his standpoint, were ruthlessly cast aside. However, his time on the bench was still marked with corruption, and many found his method of authority dictatorial. He often cast out any Jury's opinion when he did not agree with it.

He is most remembered for two cases:

In a celebrated criminal trial at Las Vegas, New Mexico
Las Vegas, New Mexico
Las Vegas is a city in San Miguel County, New Mexico, United States. Once two separate municipalities both named Las Vegas, west Las Vegas and east Las Vegas , divided by the Gallinas River, retain distinct characters and separate, rival school districts. The population was 14,565 at the 2000...

, Axtell had been warned that his life would be forfeited if he dared to sit in the case. Axtell took the bench, and promptly opened court on time. He compelled the sheriff to search all of the court attendants and the spectators before he allowed the case to proceed. As a result forty-two revolvers were piled on the table, some having been taken from the attorneys in the case. Each man carrying a weapon into the court room was fined ten dollars for contempt of court, and no show of resistance was made when the fine was collected. The event was heavily covered in newspapers as a "triumph of law over the lawlessness" of the Wild West.

In another case before him the defendant, a poor young man, whose farm was in jeopardy, had no attorney. Seeing that the case was going against the man unless he could obtain legal counsel, Judge Axtell descended from the bench and began conducting the cross-examination with the remark: "It takes thirteen men to steal a poor boy's farm in New Mexico." Upon the conclusion of the submission of evidence, he instructed the jury to find a verdict on behalf of the defendant. When the foreman announced a disagreement, the judge discharged the jury, announced a verdict in behalf of the defendant, and told the sheriff never to allow any one of the discharged jurymen to serve again in San Miguel County
San Miguel County, New Mexico
-2010:Whereas according to the 2010 U.S. Census Bureau:*66.6% White*1.4% Black*1.7% Native American*0.8% Asian*0.1% Native Hawaiian or Pacific Islander*3.9% Two or more races*25.5% Other races*76.8% Hispanic or Latino -2000:...

. This case was the epitome of his dictatorial use of authority, but it was seen that he did it for the common good.

External links

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