Draft:Richard Evans (judge)

Richard Evans (May 13, 1777 – July 18, 1816) was a justice of the New Hampshire Supreme Court from 1809 to 1813.

Richard Evans was of Welsh descent and in early life was in trade as a merchant; was without the benefit of a classical education, but took a great interest in politics and in acquiring useful knowledge; was elected to the state legislature from 1805 to 1809, and became a leader of his party; was one of the founders of the journal, established in 1808, at Concord, called the American Patriot, which was afterwards acquired by Isaac Hill and became, under the name of the New Hampshire Patriot, the most influential paper in the state. He then commenced a course of reading of law, with the view to qualify himself for practice, without entering the office of any practicing lawyer, and in 1809 Governor Langdon, who was his personal friend, appointed him a justice of the Superior Court. This gave offence to the bar of the state, which at that time embraced some men of great ability, and the abler lawyers (especially of the opposite political party) made it their business to worry the Judge by pleas in abatement, special demurrers, and other legal technicalities, which made Judge Evans' life a burden to him, from which his health at last suffered so that he became unable to meet the requirements of his judicial position. Four years after his appointment the opposing party, coming into power, repealed the law establishing the superior court and created a supreme court in its stead, for the well-known purpose of disposing of obnoxious judges. Chief Justice Arthur Livermore was appointed upon the new bench. Judges Evans and Clagett attempted to resist the new law, but the people sustained the movement and in 1816, when the opposition again came into power, the judiciary law of 1813 was repealed, and they shared the fate of their successors in being removed by address, and an entirely new set of judges was nominated. Judge Evans then presented to the legislature, at the June session of 1816, a memorial reciting his condition and prayed for the payment of his salary as judge from 1813 to 1816. This legislature had treated the judiciary act of 1813 as a nullity and had recognized the tenure of office of the judges of the old court as valid, and he was clearly entitled to his salary, but the legislative committee, unwilling to pay the judges who had been removed when all the business had been transacted by the new court, postponed the consideration of the memorial to the next legislature, and before that time he had died. This was the last instance, in the state of New Hampshire, of the appointment of a non-professional man to the position of judge of the highest court in the state. He married a daughter of Chief Justice Samuel Penhallow, of Portsmouth, and was the father of Richard S. Evans, of the bar. He died at Hopkinton, July 8, 1816.

Son of John and Susanna (March) Evans ; born, Portsmouth, May 13, 1777 ; died, Hopkinton, July 18, 1816.

This gentleman was of Welsh descent, and was not regularly bred to the profession of the law. The public schools of Portsmouth afforded him his early education, which he supplemented by private reading afterwards, having a strong desire to acquire information. At the age of seventeen he entered into trade on his own account. By an advertisement in a Portsmouth newspaper in 1798, it appears that he dealt in “muffs, tippets, blankets, and other merchandise.” Though he was successful in his business for a while, it ended in failure.

His first essay in the law is said to have been in a suit wherein he was the defendant, in the year 1804. He tried it for himself, and though he was opposed by able counsel, acquitted himself with much credit, and is stated, in spite of the adverse charge of the judge, to have gained the verdict. However that might be, there was but a single opinion of the remarkable ability with which he conducted his defense. He became at once a conspicuous figure, and the next year by invitation delivered a Fourth of July oration in Portsmouth. Being a Republican in politics and an ardent partisan, he was soon recognized as a leader, and wrote for the newspapers and made addresses at meetings of his party friends. He was made a representative in the state legislature from 1805 to 1809, inclusive, and was an active and earnest member. He spoke with fluency and force, and became a chief of his party, though it is intimated that his zeal sometimes outran his discretion. While he was a representative, about the year 1808, he was one of several gentlemen concerned in the establishing and editing a political journal in Concord, called the “ American Patriot,” which was the next year disposed of to Isaac Hill, and by him, under the name of the “New Hampshire Patriot," made the most influential paper in the State. .

After his success in managing his own cause in court, Mr. Evans gave a considerable time to the perusal of treatises upon the law, with a view to qualify himself for practice, it is alleged. But rather unwisely, as the event proved, he determined to do his studying by himself, and not to enter the office of a practicing lawyer. He was a friend of Governor Langdon, and in 1809, on the occurrence of a vacancy on the bench of the Superior Court, the governor appointed him a Justice of that court. His Excellency had witnessed the success which laymen of ability had won in that field in former years, and not being aware that a new generation of lawyers had sprung up, better educated in the technicalities than their predecessors, undoubtedly thought he was doing a wise act to place a non-professional man upon the bench.

Judge Evans gave as his reason for accepting the office, "that it was in a great measure to gratify the wishes of many who thought it important to have one judge who possessed some practical knowledge of commercial affairs and the ordinary pursuits of life, and who, not having engaged in the active practice of the law, although possessing some knowledge of its general principles acquired by a course of private study, might be free from those prejudices which too often attach to those whose pursuits are confined to the practical part of professional life.”

But upon entering on his judicial functions, he soon found reason to regret the want of the very training and experience which he had before undervalued. The abler lawyers, especially those of the opposite political party, in disgust at the appointment of a person from outside the bar, made it their business to show the unwisdom of the selection by worrying the judge. A plentiful crop of pleas in abatement, special demurrers, and other like legal refinements came suddenly before him for determination, and made his life a burden. He attended to his duties in the courts with regularity for a time, but at length his health suffered, and he became incapable of meeting the requirements of his position. His political friends regarded the treatment which he received from a large portion of the bar as simple persecution, but the more impartial could not fail to see that he had undertaken duties which neither his training nor his delicacy of constitution enabled him to perform to complete satisfaction.

Four years after his appointment a political revolution in the State put the power into the hands of the opposite party, and they made use of it to repeal the law establishing the Superior Court, and to create a Supreme Court in its stead. This wholesale mode of disposing of obnoxious judges was deemed by the victims and by their supporters a violation of the state Constitution; and had the judges thus summarily dispossessed of their authority been men of acknowledged judicial ability, their entire political party would probably have sustained them in insisting that the repealing statute was unconstitutional and inoperative. What infinite confusion and collision this would have occasioned may easily be imagined.

But though the ousted parties, Messrs. Evans and Clagett, made for some months continual claim that they were still the lawful judges, and attended the courts as such, and made abortive attempts to go on with the judicial business; and though Arthur Livermore, their late chief, who had accepted an appointment on the new bench, arraigned the very statute under which he was acting, yet their efforts were so fruitless, and their condition was so helpless, that they excited derision rather than indignation or sympathy. And when, in 1816, by the return of their party to power, the judiciary law of 1813 was repealed, they shared the fate of their successors in being removed by address, and an entirely new set of judges was nominated.

Judge Evans, having been for three or more years in failing health, and in narrow pecuniary circumstances, presented to the legislature, at their June session 1816, a memorial in which he recited his condition, and prayed for the payment of his salary as judge, from 1813 to 1816, "to relieve his pressing necessities". The committee to whom his petition was referred must have been in a dilemma. By removing Messrs. Evans and his associates by address, the legislature had treated the judiciary act of 1813 as a nullity, and had recognized their tenure of office up to 1816 as valid. If that were so, then as Judge Evans continued ready to perform the duties, he was legitimately entitled to the emoluments attached to his office, and logically they should have granted his petition. But the committee felt that it would never answer to pay the judges their stipend when all the business was transacted by another court. They therefore postponed the consideration of the memorial to the session of the legislature to be held the succeeding November. Before that time the petitioner was in his grave.

Judge Evans was unquestionably a man of superior intellect, of undoubting confidence in himself, and of indomitable pluck and tenacity of purpose. The want of a thorough, and especially of a technical education and a lack of prudence and careful judgment were the most serious obstacles in the way of his attainment of the highest success in the station to which his talents and honesty had elevated him. His was the last instance of the appointment of a non-professional man to the position of Judge of the highest court in this State.

Three years before his death, Judge Evans, in the hope that a country residence would be beneficial to his health, as well as from motives of economy, removed to Hopkinton, near the border of Concord, and dwelt upon a farm. It was too late, however, to arrest the progress of his fatal malady.

He had married, in 1810, Ann, daughter of Samuel Penhallow of Portsmouth. Their son, Richard S. Evans, was a lawyer.

References

Category:1777 births Category:1816 deaths Category:Justices of the New Hampshire Supreme Court

This open draft remains in progress as of August 8, 2024.