The Montgomery advertiser., 1902-12-14
.EPHRAIM KIRBY

The following comprehensive and in- teresting paper was read by Hon. Thomas M. Owen, sn ''Ephraim Kir0y. F1rst Su- psrior Court Judgs in What is Now Ala barnA." before the Alabama State Bar Association lase year
 The beginning of things. whether of governmental systems, institutions, laws. ofi1osS or the careers of publsc men, pos sess . nevr failing interest. In this pa per ths puypcse !s to make clear some facts In the early history of the legal profession in what ,s now Alabama, and to resoue from neglect ard pay fitting tribute to ono of those strong characters who assisted in giving form ativs shape rnd direction to the early institutions of this commonwealth.
 Formation of Mississippi Territory
 and Early Courts.
 When the Mississippi Territory was formed by act of Congress. approved April !, l79s. 1t contained population eS about 5000. This in 1900 had incr raased to s,s6o, of which less than 1000 were set- tied on the Tomnigbee and Tensaw riv- CTS in what is now South Alabama. On June 4, 1890, the latter were formed, by proclamation of Gov. Winthrop Sargent, into Washington County, the first coun- ty established in what is now Alabama, to entbraos all of the territory between the Pvarl and the Chattahoochee rivers, and the parallel of 2 degrees on tho south and & degrees 2S on the north 800 miles in one direction and slshty-eight in the other. When by act of Congress approved May 10, 1900 a second grade of government was provided for the Terri tory, which meant principally the privi- lese of the General Assembly, it appor- ticned to the '.Tensaw and Tombigbee settlements, enc" representative in the Assembly.
 The act of establishment of l79s rele- gated the principal details of government to the Ordinance of 17S7 for the govern msnt of that Territory northwest of the Ohio River. The latter provided for the appointment by the President of Court to consist of three judges, any two of whom to form a court. who shall have common law jurisdiction. and reside in the dastEict.''
 By a law passed by the Governor and the judges February 2s, 1799, entitled "A law establishing courts of judioature. eht territorial judges were required to hold term Of the Superior Court once In every year in each county, 'Hat such places as shall be appointed for the courts Of general quarter sessions of the peace. :" The same law provided for terms, in each county, of the courts here denozninated as general quarter sessions of the peace.' +.
 Under the provisions just detailed t41e 6rst Superior Court in which is now Aiakama was held in 1902. the following Aelnx the caption of the earliest record If the court extant:
 At a Superior Court begun and held for the District of Washington at McIn- tosh Bluff on the fourth Monday in Sep tsulbsr, Anno Dom. 1Sog.
 Present the Right Honorable Seth Lewis. Esq, Chief Justice of the N. Territory" etc.
 It would be interesting to pause and present a sketch of Judge Lewis, who Was c native of Sheffield, Mass, and who had a subsequent career of honor both in Mississippi and Louisiana. It wo1xtd also be interesting to take up the work of eaIds term of court, and live over with the pioneers those days full of inn port, nuk the limits of this paper wtal not permit. However. it Is proper to note that, at this term, the kh Monday in September, 1909, Nicholas Perkins, Lem uel Henry, Robert Knox and Leonard D. Shaw, having first produced license" tn each case, were admitted as attor- neys, thus constituting the first members of the bar of Alabama.
 It must be remembered that there were no settlements between the Tombigbse River and Natchez, and that travel was dangerous and troublesome. The judges resided at NatcheA In 1908 no term of court was held in Washington District But on the first Monday in May. 1894. Judxe David Ksr, one of tAs Territorial Judges, appeared at Mcintosh Bluff, and court was opened and continued in ses- ston several days. and at which much Nuylnass was transacted. At this term Gabriel Bailey was admitted to the prao- flee of an attorney" Doubtless tho res tdents on the .Touabssbee resented this neglect, while we may suppose tho judges on thslr part resented tho neces- sitv which compelled an annual pilgrim are through the vii ieraess to preside over che frontier tribunals of the Tombigbee settlements. H
 Washington Dastrict-Ephraim Kir-
 by Appointed Judge.
 With c view, therefore. to nging about a better condition, Congress by act of March 2. 1sOa, provided That there shall be appointed an additional judge for the Mississippi territory, who shall re- Ade at or near the Tombigbee settlement, and who shall possess and exercise, with in the district of Washington. the Jurisdiction heretofore possessed and ex- ercised by the Superior Court of tine said territory" etc, which jurisdiction was made exclusive, with right of appeal, however, to the Superior Court at Nat Shez.
 Under this act President Thomas Jeffer- son on April g. 1894. appointed Ephraim Kirby as '%hs additional 1uuge." His commission Is as follows the copy being supplied from the records of the Secre- tary of State at Washington:
 MT. Kirby's Commission.
 THOMAS JEFFERSON,
 President of the United States o6
 America.
 .'To all who shall see these Presents,
 Greeting:
 "Know Ye That reposing special trust