Alexander Rives

Alexander Rives (June 17, 1806 – September 17, 1885) was a Virginia attorney, politician and plantation owner. He served as a Justice of the Supreme Court of Virginia and as a United States District Judge of the United States District Court for the Western District of Virginia.

Alexander Rives
Judge of the United States District Court for the Western District of Virginia
In office February 6, 1871 – August 1, 1882
Appointed by	Ulysses S. Grant
Preceded by	Seat established by 16 Stat. 403
Succeeded by	John Paul
Justice of the Supreme Court of Virginia
In office December 19, 1866 – June 3, 1869
Member of the Virginia House of Delegates
In office 1852-1854
Personal details
Born	Alexander Rives (1806-06-17)June 17, 1806 Oak Ridge, Virginia
Died	September 17, 1885(1885-09-17) (aged 79) Charlottesville, Virginia
Resting place	Monticello Memorial Park Albemarle County, Virginia
Education	Hampden–Sydney College University of Virginia

Education and career

Born on June 17, 1806, in Oak Ridge, Nelson County, Virginia,[1] Rives graduated from Hampden–Sydney College in 1825 and from the University of Virginia in 1829.[1] He was a planter in Albemarle County, Virginia from 1829 to 1871.[1] He was a member of the Virginia House of Delegates from 1852 to 1853.[1] He was a member of the Senate of Virginia from 1859 to 1867.[1] He was Rector of the University of Virginia from 1865 to 1866.[1] He was a Justice of the Supreme Court of Virginia from 1866 to 1869.[1]

Politics

Rives was initially a Democrat, but opposed the sub-treasury policy of President Martin Van Buren. Thus, Rives joined the Whig, party in 1844.[2] In 1870, Rives ran for the United States House of Representatives as a Republican, but lost to Richard Thomas Walker Duke. Duke's son recalled of this campaign that Rives "had 'ratted' and became a 'scalawag' republican." Nonetheless, Rives had obtained a pardon for his opponent, to remove Duke's disability from seeking office, without charging Rives's usual fee of up to $500.[3]

Federal judicial service

Rives was nominated by President Ulysses S. Grant on February 3, 1871, to the United States District Court for the Western District of Virginia, to a new seat authorized by 16 Stat. 403.[1] He was confirmed by the United States Senate on February 6, 1871, and received his commission the same day.[1] His service terminated on August 1, 1882, due to his retirement.[1]

Notable case

In 1878, Judge Rives took the then-controversial view that the exclusion of blacks from jury service in Virginia state courts was a violation of the Equal Protection rights of two criminal defendants, granting their petitions for habeas corpus relief.[4] The Virginia General Assembly passed a resolution denouncing the Reynolds decision, and demanding an appeal.[5] The Supreme Court agreed in principle with Rives, in three decisions issued on March 1, 1880, but overruled his reasoning in Virginia v. Rivesordering him to return jurisdiction over the petitioners to the Commonwealth.[6] However, in Ex parte Virginia the court confirmed federal authority to enforce African Americans' rights to serve on juries, and in Strauder v. West Virginia the court declared states could not limit jury service to white men.[7] Over 100 years later, the Supreme Court ruled that even the use of peremptory challenges where exclusion was made on the basis of race was unconstitutional, in Batson.

Death

Rives died on September 17, 1885, in Charlottesville, Virginia.[1] He was interred beside his wife and namesake son in Monticello Memorial Park, Albemarle County, Virginia.[8][Notes 1]

Family, residence and property

Rives was the great-uncle of Alexander Brown, author of several books on the early history of Virginia and of The Cabells and their Kin (1895).[9] He lived in Charlottesville until 1833; then at "Carlton" on Monticello until 1873, and spent his final years at "Eastbourne Terrace" in Charlottesville.[10] The 1860 federal census indicates that Rives owned real estate worth $60,000 and personal property (including enslaved persons) worth $94,496.[Notes 2]

Papers

Some of Rives' papers before 1875 are held by the University of Virginia library.[11]

Estate

The Rives family estate where Rives was born, Oak Ridge in Nelson County, was sold in 1867, but remains today as an event and wedding venue. It was renovated beginning in 1901 by magnate Thomas Fortune Ryan, and more recently by John Holland Sr. and his son John Holland Jr.[12][13][14]

Notes

1. According to the 1880 U.S. Federal Census for District 12 of Charlottesville, Albemarle County, his household (dwelling 240) consisted of himself, his wife, daughter J.B. Coleman and 22 year old granddaughter P.S. Coleman, 20 year old nephew T.K.W. Morris (listed as a student), as well as a 30 year old black female cook and 15 year old black male servant.
2. 1860 U.S. Federal Census for St. Anne's Parish, Albemarle County, Virginia dwelling 1186, family 1171. However, another family on the same page, No. 1186 (William P. Farish his wife, son and daughter owned double of each). The slave schedule for the 1850 Federal Census indicates Rives owned 69 slaves, and the slave schedule for the 1860 federal census enumerates 65 slaves.

References

1. "Rives, Alexander - Federal Judicial Center". www.fjc.gov.
2. Virginia Biographical Encyclopedia 1915, online
3. "Richard Thomas Walker Duke, Jr.: Recollections of My Early Life". UVa Special Collections Library. Retrieved October 15, 2007.
4. Ex parte Reynolds, 20 F.Cas. 586 (C.C.Va. 1878).
5. "VIRGINIA DEMANDS PROTECTION" (PDF). The New York Times, January 18, 1879. January 18, 1879. Retrieved February 17, 2008.
6. Virginia v. Rives, 100 U.S. 313 (1879).
7. encyclopediavirginia.org/Ex_Parte Virginia 1880
8. "Alexander Rives (1837-1876) - Find A Grave..." www.findagrave.com.
9. "The Cabells and Their Kin By Alexander Brown (1843-1906)". UVa Special Collections Library. Retrieved August 20, 2008.
10. Encyclopedia of Virginia Biography (1915)
11. Alexander, Rives. "Papers of Alexander Rives 1801-1875. - UVA Library - Virgo". search.lib.virginia.edu.
12. Dawkins, Joan Tupponce, Kip (11 September 2017). "Old Glory".
13. Koerting, Katrina. "Nelson's Oak Ridge estate owner dies".
14. "Cabell Family Homes - Albert and Shirley Small Special Collections Library". small.library.virginia.edu.

External links

• Genealogy from the University of Virginia Special Collections Library

Legal offices
Preceded by Seat established by 16 Stat. 403	Judge of the United States District Court for the Western District of Virginia 1871–1882	Succeeded by John Paul