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John Baxter (judge)

John Baxter
Baxter-john-judge.jpg
Judge of the United States Circuit Court for the Sixth Circuit
In office
December 13, 1877 – April 2, 1886
Appointed by Rutherford Hayes
Preceded by Halmer Emmons
Succeeded by Howell Jackson
Speaker of the North Carolina House of Representatives
In office
1852–1854
Preceded by James Dobbin
Succeeded by Samuel Hill
Personal details
Born (1819-03-05)March 5, 1819
Rutherford County, North Carolina, U.S.
Died April 2, 1886(1886-04-02) (aged 67)
Hot Springs, Arkansas, U.S.
Resting place Old Gray Cemetery
Political party Whig (Before 1854)
Constitutional Union (1860–1864)
Democratic (1864–1872)
Liberal Republican (1872–1876)
Republican (1876–1886)
Spouse(s) Orra Alexander

John Baxter (March 5, 1819 – April 2, 1886) was an American attorney and jurist who served as a judge on the United States Circuit Court from 1877 to 1886. Initially a Whig, he had previously served several terms in the North Carolina House of Commons, including one term as speaker, before moving to Knoxville, Tennessee, to practice law.

Baxter opposed secession on the eve of the Civil War, and was a delegate to the East Tennessee Convention, which sought to create a separate, Union-aligned state in East Tennessee. He subsequently took the Oath of Allegiance to the Confederacy, in part to provide legal defense for Unionists charged in Confederate courts. Those he defended during the course of the war included several members of the East Tennessee bridge-burning conspiracy and several participants of the Great Locomotive Chase. He ran unsuccessfully for the Confederate Congress in September 1861. By mid-1862, he had returned to his pro-Union stance.

Baxter supported Democratic presidential candidate George B. McClellan in 1864, but would eventually join the Republican Party. In 1870, he was a delegate to the state constitutional convention that created the current Tennessee State Constitution.

Baxter was born in Rutherford County, North Carolina, the son of William and Catherine (Lee) Baxter. His father, William, was described as a "thrifty and wealthy" farmer who had immigrated from Northern Ireland in 1789. Young John initially worked as a merchant in South Carolina, but found it unfulfilling, and turned to the study of law. He was admitted to the bar in 1841, initially practicing in Rutherford County before moving to Henderson County, North Carolina, in 1845.


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