444:
400:
468:, maintained that the President was obligated to enforce legislation although deemed contrary to the Constitution by the President. If Congress overrode the President's veto, he - as well as the subordinate officers of the government - was then bound to uphold the law. The fact that the Confederate Congress had failed to create a Confederate supreme court was neither considered by Keyes, nor by Davis.
523:
Wade Keyes was the oldest son of
General George Keyes (1792–1833), a planter and merchant at Mooresville, and his wife Nellie Rutledge Keyes (1799–1834) from Tennessee. He was the grandson of Captain John Wades Keyes (1752–1839) and the brother of John Washington Keyes (1825–1892) and George P. Keyes
455:
and cautious interpretations of acts of the
Confederate Congress. He sustained United States acts in force at the time of the withdrawal of the Confederate states from the Federal Union, if not replaced by Confederate law, and also relied on existing United States law when Confederate law was absent.
488:
not only prevented the states from interfering with the activities of the
Confederate government, but also forbade the government from thwarting state actions. For this reason the Confederacy could not tax the states and the states could not tax the Confederate government. Nevertheless, government
493:
slaves for government use, he advised that the government was accountable for the value of any enslaved person seized and he recommended
Congress to judge each case separately, which prompted it to create a slave claims board. Keyes also ruled that only military personnel could stand trial before
501:
Keyes was never considered for the position of
Attorney General. A reason might have been his integrity. He was reprimanded by Jefferson Davis for having questioned the president's authority when he had intervened in cases where the accounting officers by law were to make independent rulings.
419:
he made Keyes his assistant. Benjamin had met Keyes when he was chancellor and valued him as an administrator, legal scholar and proficient writer. As assistant attorney general, Keyes did more of the routine work of an attorney general than
Benjamin did and was the man who actually ran the
370:
While serving as chancellor, Keyes began to teach classes of property law at
Montgomery. After the end of his tenure, he founded the Montgomery Law School as a permanent continuation of his teaching project. It was incorporated in 1860 as an independent institution, but attached to the
489:
ownership of stock in a corporation was not enough to make the corporation free from state taxation. This rule also applied when a state bank acted as a fiscal agent of a state, but not when a state bank acted in its private capacity. When the
Confederate government planned to
471:
Considering if the
Virginia law that prohibited the use of grain for making whiskey was applicable when farmers distilled whiskey for delivery to the Confederate War Department, Keyes reached the same conclusion as the United States Supreme Court did in 1819 in
456:
Keyes argued that the
Attorney General had no authority to issue opinions concerning constitutional questions other than when advising the president when he was about to sign or veto an act of congress. His reasoning was based on the constitutionally exercised
514:
in 1867. In 1876 he was entrusted with the task of codifying the laws of Alabama together with Judge Fern M. Wood (who fell victim to a killer before the task was finished); the project was completed within the year. Keyes suddenly died in 1879.
570:
and later as a military surgeon; after the war he practiced dentistry. Wade's other brother George was a journalist and later register and master in the chancery court, served in Hilliard's Legion and later when disabled commanded a
1121:
407:
The crisis that led the students to leave his school also caused Keyes to join the military. He enlisted as lieutenant in the Montgomery Rifles, and served at
562:, in 1848. They had three daughters that reached adulthood and five children who died in infancy. Wade's brother John Washington was a doctor of medicine and
460:
of Congress; Congress had the right to determine what actions were to be taken. The Attorney General was restricted to limit his opinions to rulings of the
1131:
432:. When Watts was elected governor of Alabama, he resigned, and Keyes served as acting attorney general from October 1, 1863, until January 2, 1864, when
285:
451:
Keyes wrote 23 of 218 opinions issued by the Confederate office of Attorney General. They are characterized by conservative construction, deference to
1116:
1136:
1126:
912:
485:
375:
as its law department. As the founder Keyes role as the sole teacher was guaranteed by the incorporation act. At the initiative of
1146:
1141:
539:
and was later elected brigadier general of militia and bore the title of general all his life. George married Wade's mother in
914:
History of the Town of Medford, Middlesex County, Massachusetts, from Its First Settlement, in 1630, to the Present Time, 1855
391:
led to the closing of the school in February 1861, as the students left and volunteered for different military organizations.
559:
367:
Keyes would successfully apply his considerable learning to adjudications of complicated real and personal property cases.
1074:
1043:
421:
416:
245:
33:
1088:
440:
during the Christmas Holidays of 1861, in October and November 1862, in August 1863 and in September and October 1864.
433:
82:
197:
968:
Wade Keyes' Introductory Lecture to the Montgomery Law School: Legal Education in Mid-Nineteenth Century Alabama.
608:
536:
436:
became the fourth and last ordinary attorney general of the Confederacy. Keyes also served as Attorney General
388:
297:
249:
956:
Currie, David P. (2004). "Through the Looking-Glass: The Confederate Constitution in Congress, 1861-1865."
939:
Brannon, Peter A. (1956) "Muster Roll. Montgomery Rifles, Army of Alabama. Stationed at Pensacola, 1861."
528:
481:
428:
officially took office November 21, 1861. Bragg held the office until March 18, 1862, when succeeded by
348:
540:
384:
273:
316:
Following his graduation Keyes spent a year in Europe. After returning to the States, he moved to
510:
When the war was over, Keyes returned to Montgomery and reopened his legal practice. He moved to
360:
301:
292:. Keyes had to leave the University of Virginia due to illness and death in the family. He later
209:
604:
572:
548:
411:. This was a unit in the Army of Alabama before the state became part of the Confederacy. When
289:
600:
473:
372:
543:
in 1820. Wade's grandfather John Wade Keyes was born in Mystic, Massachusetts, settled near
1111:
1106:
567:
555:
544:
269:
155:
1015:
Pruitt Jr., Paul M. (1997). "The Life and Time of Legal Education in Alabama, 1819-1897."
8:
966:
Durham, David I. (2001). "Introduction to Wade Keyes and the Montgomery Law School", in:
344:
325:
305:
982:
Robert Keyes of Watertown, Mass., 1633 and their descendants: also, others of the name.
576:
408:
376:
253:
484:
of supporting the army. State law could not interfere. Keyes clearly established that
420:
day-to-day work of the department. When Benjamin on September 17, 1861, was appointed
328:, where he established a law practice. He wrote three legal treaties on property law:
1036:
511:
457:
412:
317:
257:
179:
115:
1067:
465:
461:
429:
380:
352:
277:
103:
70:
58:
338:
An Essay on the Learning of Partial and of Future Interests in Chattels Personal
532:
495:
490:
356:
1100:
477:
281:
187:
163:
464:
respecting constitutionality and lawfulness. Furthermore, Keyes, as well as
1057:
596:
531:. Early in life he moved to Alabama with his twin brother. He served under
425:
364:
127:
443:
293:
399:
452:
204:
1122:
Executive members of the Cabinet of the Confederate States of America
563:
237:
575:. After the war George was a newspaperman and business promoter in
321:
241:
229:
183:
159:
225:
334:
An Essay on the Learning of Future Interests in Real Property
233:
951:
Alabama, Her History, Resources, War Record, and Public Men.
363:. He served for a six-year period until 1859. As a judge of
320:, where he began to practice law in 1844. His specialty was
379:, the Legislature granted the school the right to confer
771:
Graber & Gillman 2018, vol. 5, part 1, pp. 174–175.
1003:
History of Alabama and Dictionary of Alabama Biography.
311:
815:
813:
789:
Graber & Gillman 2018, vol. 5, part 1, pp. 175.
855:
Graber & Gillman 2018, vol. 5, part 1, p. 381.
837:
Graber & Gillman 2018, vol. 5, part 1, p. 293.
810:
819:Graber & Gillman 2018, vol. 5, part 1, p. 290.
798:Graber & Gillman 2018, vol. 5, part 1, p. 212.
780:Graber & Gillman 2018, vol. 5, part 1, p. 347.
268:Keyes was born 1821 on his father's plantation at
996:Confederate Slave Impressment in the Upper South.
480:to supply soldiers with whiskey since that was a
424:Keyes took over as acting attorney general until
1098:
1010:Confederate Cabinet Departments and Secretaries.
970:Tuscaloosa: University of Alabama School of Law.
973:Graber, Mark A. & Gillman, Howard (2018 ).
95:September 17, 1861 – November 21, 1861
566:. During the war John served as an officer in
554:Wade Keyes married Alice Wharton Whitfield of
308:, where he graduated from the law department.
767:
765:
394:
1132:People of Alabama in the American Civil War
675:
673:
671:
669:
667:
665:
244:who served as the first and only Assistant
762:
734:
732:
730:
595:"Mystic" was the name of an area near the
280:, Alabama. He was first being educated by
50:October 1, 1863 – January 2, 1864
989:Judah P. Benjamin: Confederate Statesman.
883:
881:
879:
646:
644:
642:
975:The Complete American Constitutionalism.
917:. Boston: John Wilson and Son. p. 1
755:
753:
662:
442:
398:
897:
895:
893:
727:
682:
527:Wade's father George Keyes was born in
1099:
910:
876:
639:
330:An Essay on the Learning of Remainders
1117:People from Limestone County, Alabama
750:
890:
505:
385:license its students to practice law
312:Lawyer, scholar, judge and professor
296:under Judge William Richardsson and
1075:Confederate States Attorney General
1044:Confederate States Attorney General
998:University of North Carolina Press.
933:
599:, now divided between the towns of
417:attorney general of the Confederacy
34:Confederate States Attorney General
13:
1137:University of North Alabama alumni
887:Keyes 1880, pp. 218, 219, 222–225.
14:
1158:
1127:19th-century American politicians
991:Louisiana State University Press.
941:The Alabama Historical Quarterly
551:and finally to Athens, Alabama.
351:of the Southern Division of the
284:at home, followed by studies at
994:Martinez, Jaime Amanda (2013).
904:
867:
858:
849:
840:
831:
822:
801:
792:
783:
774:
741:
589:
1147:Transylvania University alumni
718:
709:
700:
691:
653:
630:
1:
1142:University of Virginia alumni
1001:Owen, Thomas McAdory (1921).
987:Meade, Robert Douhat (2001).
984:Brattleboro: Geo. E. Selleck.
911:Brooks, Charles, ed. (1855).
864:Currie 2004, p.1340 note 353.
618:
263:
1008:Peterson, Dennis L. (2016).
623:
300:in Athens, before attending
7:
747:Durham 2001, p. 7, note 19.
529:Washington County, Virginia
16:American jurist (1821–1879)
10:
1163:
807:Currie 2004, pp.1292–1293.
541:Sullivan County, Tennessee
486:intergovernmental immunity
395:Assistant Attorney General
1085:
1072:
1064:
1054:
1041:
1033:
1028:
828:Currie 2004, p. note 147.
715:Peterson 2016, pp. 54–55.
697:Pruitt 1997, pp. 291–292.
518:
324:. In 1851 Keyes moved to
286:LaGrange College, Alabama
215:
203:
193:
169:
142:
137:
133:
121:
109:
99:
88:
76:
64:
54:
43:
32:
28:
21:
582:
558:, a daughter of General
359:and Sterling G. Cato of
977:Oxford University Press
949:Brewer, Willis (1872).
901:Owen 1921, pp. 973–974.
302:Transylvania University
252:, 1861–1865. After the
210:Transylvania University
846:Martinez 2013, p. 136.
549:Blountville, Tennessee
448:
404:
377:Justice Samuel F. Rice
290:University of Virginia
873:Durham 2001, pp. 8–9.
738:Peterson 2016, p. 55.
688:Durham 2001, pp. 4–6.
659:Peterson 2016, p. 54.
636:Durham 2001, pp. 2–3.
474:McCulloch v. Maryland
446:
402:
387:. The turmoil of the
373:University of Alabama
706:Brannon 1956, p. 66.
679:Brewer 1872, p. 304.
573:home guard battalion
556:Leon County, Florida
545:Alexandria, Virginia
298:Judge Daniel Coleman
256:he practiced law in
224:(1821 – 1879) was a
1012:McFarland & Co.
980:Keyes, Asa (1880).
958:Virginia Law Review
724:Meade 2001, p. 179.
476:. Congress had the
326:Montgomery, Alabama
306:Lexington, Kentucky
1017:Alabama Law Review
759:Durham 2001, p. 8.
650:Durham 2001, p. 3.
577:Sheffield, Alabama
449:
409:Pensacola, Florida
405:
1095:
1094:
1086:Succeeded by
1055:Succeeded by
568:Hilliard's Legion
537:volunteer company
512:Florence, Alabama
506:Postbellum lawyer
458:legislative power
413:Judah P. Benjamin
403:Judah P. Benjamin
353:Court of Chancery
318:Marianna, Florida
258:Florence, Alabama
219:
218:
1154:
1080:
1065:Preceded by
1049:
1034:Preceded by
1026:
1025:
953:Montgomery, Ala.
934:Cited literature
927:
926:
924:
922:
908:
902:
899:
888:
885:
874:
871:
865:
862:
856:
853:
847:
844:
838:
835:
829:
826:
820:
817:
808:
805:
799:
796:
790:
787:
781:
778:
772:
769:
760:
757:
748:
745:
739:
736:
725:
722:
716:
713:
707:
704:
698:
695:
689:
686:
680:
677:
660:
657:
651:
648:
637:
634:
612:
609:Middlesex County
593:
560:George Whitfield
535:as captain of a
482:reasonable means
422:secretary of war
389:Secession Crisis
381:academic degrees
274:Limestone County
246:Attorney General
176:
153:October 10, 1821
152:
150:
138:Personal details
124:
112:
93:
79:
67:
48:
39:
19:
18:
1162:
1161:
1157:
1156:
1155:
1153:
1152:
1151:
1097:
1096:
1091:
1082:
1078:
1077:
1070:
1060:
1051:
1047:
1046:
1039:
963:(5): 1257–1399.
936:
931:
930:
920:
918:
909:
905:
900:
891:
886:
877:
872:
868:
863:
859:
854:
850:
845:
841:
836:
832:
827:
823:
818:
811:
806:
802:
797:
793:
788:
784:
779:
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770:
763:
758:
751:
746:
742:
737:
728:
723:
719:
714:
710:
705:
701:
696:
692:
687:
683:
678:
663:
658:
654:
649:
640:
635:
631:
626:
621:
616:
615:
594:
590:
585:
521:
508:
466:Jefferson Davis
462:judicial branch
447:Thomas H. Watts
430:Thomas H. Watts
397:
314:
266:
194:Political party
178:
174:
154:
148:
146:
122:
110:
104:Jefferson Davis
94:
89:
77:
65:
59:Jefferson Davis
49:
44:
37:
36:
24:
17:
12:
11:
5:
1160:
1150:
1149:
1144:
1139:
1134:
1129:
1124:
1119:
1114:
1109:
1093:
1092:
1087:
1084:
1071:
1066:
1062:
1061:
1056:
1053:
1040:
1037:Judah Benjamin
1035:
1031:
1030:
1029:Legal offices
1024:
1023:
1013:
1006:
999:
992:
985:
978:
971:
964:
954:
947:
935:
932:
929:
928:
903:
889:
875:
866:
857:
848:
839:
830:
821:
809:
800:
791:
782:
773:
761:
749:
740:
726:
717:
708:
699:
690:
681:
661:
652:
638:
628:
627:
625:
622:
620:
617:
614:
613:
587:
586:
584:
581:
533:Andrew Jackson
520:
517:
507:
504:
496:courts-martial
396:
393:
361:Barbour County
357:Francis Bugbee
347:elected Keyes
322:property cases
313:
310:
282:private tutors
265:
262:
217:
216:
213:
212:
207:
201:
200:
195:
191:
190:
177:(aged 57)
171:
167:
166:
144:
140:
139:
135:
134:
131:
130:
125:
119:
118:
116:Judah Benjamin
113:
107:
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101:
97:
96:
86:
85:
80:
74:
73:
68:
62:
61:
56:
52:
51:
41:
40:
30:
29:
26:
25:
22:
15:
9:
6:
4:
3:
2:
1159:
1148:
1145:
1143:
1140:
1138:
1135:
1133:
1130:
1128:
1125:
1123:
1120:
1118:
1115:
1113:
1110:
1108:
1105:
1104:
1102:
1090:
1081:
1076:
1069:
1063:
1059:
1050:
1045:
1038:
1032:
1027:
1022:(1): 281–321.
1021:
1018:
1014:
1011:
1007:
1004:
1000:
997:
993:
990:
986:
983:
979:
976:
972:
969:
965:
962:
959:
955:
952:
948:
945:
942:
938:
937:
916:
915:
907:
898:
896:
894:
884:
882:
880:
870:
861:
852:
843:
834:
825:
816:
814:
804:
795:
786:
777:
768:
766:
756:
754:
744:
735:
733:
731:
721:
712:
703:
694:
685:
676:
674:
672:
670:
668:
666:
656:
647:
645:
643:
633:
629:
610:
606:
602:
598:
592:
588:
580:
578:
574:
569:
565:
561:
557:
552:
550:
546:
542:
538:
534:
530:
525:
516:
513:
503:
499:
497:
492:
487:
483:
479:
478:implied power
475:
469:
467:
463:
459:
454:
445:
441:
439:
435:
431:
427:
423:
418:
414:
410:
401:
392:
390:
386:
382:
378:
374:
368:
366:
362:
358:
354:
350:
346:
343:In 1853, the
341:
339:
335:
331:
327:
323:
319:
309:
307:
303:
299:
295:
291:
287:
283:
279:
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261:
259:
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251:
247:
243:
239:
235:
231:
227:
223:
214:
211:
208:
206:
202:
199:
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189:
185:
181:
173:March 2, 1879
172:
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161:
157:
145:
141:
136:
132:
129:
126:
120:
117:
114:
108:
105:
102:
98:
92:
87:
84:
81:
75:
72:
69:
63:
60:
57:
53:
47:
42:
35:
31:
27:
20:
1089:George Davis
1073:
1068:Thomas Watts
1058:Thomas Bragg
1042:
1019:
1016:
1009:
1002:
995:
988:
981:
974:
967:
960:
957:
950:
943:
940:
919:. Retrieved
913:
906:
869:
860:
851:
842:
833:
824:
803:
794:
785:
776:
743:
720:
711:
702:
693:
684:
655:
632:
597:Mystic River
591:
553:
526:
522:
509:
500:
470:
450:
437:
434:George Davis
426:Thomas Bragg
406:
369:
342:
337:
333:
329:
315:
267:
221:
220:
175:(1879-03-02)
128:Thomas Bragg
123:Succeeded by
90:
83:George Davis
78:Succeeded by
71:Thomas Watts
45:
1112:1879 deaths
1107:1821 births
547:, moved to
491:requisition
345:Legislature
336:(1853) and
270:Mooresville
250:Confederacy
156:Mooresville
111:Preceded by
66:Preceded by
1101:Categories
1083:1863–1864
619:References
524:(1829–?).
453:common law
438:ad interim
349:Chancellor
264:Early life
222:Wade Keyes
205:Alma mater
198:Democratic
149:1821-10-10
23:Wade Keyes
921:April 12,
624:Citations
564:dentistry
254:Civil War
238:professor
100:President
91:In office
55:President
46:In office
1005:Chicago.
340:(1853).
332:(1852),
294:read law
288:and the
180:Florence
605:Medford
415:became
383:and to
355:, over
276:, near
248:of the
242:Alabama
230:scholar
184:Alabama
160:Alabama
1079:Acting
1048:Acting
601:Malden
519:Family
365:equity
278:Athens
226:lawyer
38:Acting
1052:1861
946:1:66.
583:Notes
240:from
234:judge
923:2023
603:and
236:and
188:U.S.
170:Died
164:U.S.
143:Born
607:in
304:in
1103::
1020:49
961:90
944:18
892:^
878:^
812:^
764:^
752:^
729:^
664:^
641:^
579:.
498:.
272:,
260:.
232:,
228:,
186:,
182:,
162:,
158:,
925:.
611:.
151:)
147:(
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