Background
Harry was born on April 7, 1766 at Taunton, Somersetshire, England. A ministerial bent in the youth, inherited perhaps from his father, the Rev. Joshua Toulmin was strengthened by intimacy with Joseph Priestley.
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Excerpt from A Digest of the Laws of the State of Alabama: Containing the Statutes and Resolutions in Force at the End of the General Assembly in January 1823, to Which Is Added, an Appendix; Containing the Declaration of Independence; The Constitution of the United States An Act to alter and enlarge Terr: of certain Clmnit Cour-tr tn this State - t'eased Decent r 21. 1820. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
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Harry was born on April 7, 1766 at Taunton, Somersetshire, England. A ministerial bent in the youth, inherited perhaps from his father, the Rev. Joshua Toulmin was strengthened by intimacy with Joseph Priestley.
He received little formal education, but frequently read books in his mother's bookstore and benefited from listening to conversations between his father and other noted ministers such as Joseph Priestley and Theophilus Lindsey. He also attended Hoxton Academy.
While serving as minister in Monton and Chowbent, Lancashire (1786 - 92), he aroused popular disapproval because of his Unitarian leanings. Influenced by this feeling and by an interest in America gained from extensive reading, he published, in 1792, three pamphlets favoring emigration to America. A few months later, he accompanied Priestley to the United States, where he became acquainted with Jefferson. The latter and Madison furnished him with letters of introduction, commending him as an instructor of youth "in classical knowledge and other branches of liberal education".
Thus armed, he went to Kentucky, where, in February 1794, he was elected president of Transylvania University. Despite opposition, he held the office for two years, and then for eight years was secretary to the Commonwealth of Kentucky. During this period he compiled A Collection of the Permanent and Public Acts of the General Assembly of Kentucky (1802), and with James Blair prepared A Review of the Criminal Law of the Commonwealth of Kentucky (2 vols. , 1804 - 06).
In 1806 he published The American Attorney's Pocket Book, and in 1807, The Magistrates' Assistant, which may have first appeared as early as 1801. In 1804 Toulmin was appointed judge of the superior court for the eastern, or Tombigbee, district of Mississippi Territory (later part of Alabama). Thenceforth he was permanently identified with this region, without losing touch with influential friends or former background. Through letter, personal counsel, and legal procedure he sought to restrain lawless borderers and to allay the fears of jealous Spaniards by securing the remission of imposts at Mobile and by softening the resentment aroused by these exactions. In this double task he was only partially successful.
Nor did he fare better in 1807 with Burr's mysterious following; he merely succeeded in arresting a few of that conspirator's associates and in remanding them for trial elsewhere. His purpose was to keep Burr away from the restless settlers on the Tombigbee. He found himself roundly abused--unjustly he thought--as a tool of Gen. James Wilkinson.
In 1810 Toulmin's law-abiding course experienced its most severe tests. Insurrection broke out in West Florida and self-appointed leaders of the Tombigbee district hastened to organize the Mobile Society for the purpose of occupying the nearby Spanish holdings. Toulmin, prompted both by President Madison and by Gov. David Holmes, bestirred himself to forestall the attempts. While he supported the claim of the United States to the Mobile region and sympathized with those who protested against Spanish exactions there, he sought in a masterly charge to the grand jury, Sept. 16, 1810, to restrain his fellow citizens from using force and to impress upon them their responsibility for the maintenance of peace. His efforts contributed to break up these illegal attempts but thereby made him extremely unpopular.
In the following month, Toulmin was still further hampered in his efforts to preserve order by the presence of Reuben Kemper. The latter represented the convention that had wrested Baton Rouge from Spanish control and now sought to incorporate Mobile in the embryo state of West Florida. Toulmin's purpose was to keep the American population above the line from helping Kemper.
He also hoped to induce the Spanish authorities to deliver Mobile to the American government. In neither task did he gain his immediate end. At a critical period in Kemper's movements, however, by arresting that obstreperous leader, he contributed to the defeat of another filibustering project. For this service, Kemper characterized him as a "base Devil, filled with deception and Bloody Rascality", but later congressional reports failed to support this prejudiced opinion, while most of the "good elements" of the community appreciated his efforts to uphold a high standard of legal procedure.
Toulmin retained his judgeship until 1819 and during this period did much to straighten out the land claims and other legal tangles in the region. He also edited The Statutes of the Mississippi Territory (1807). In 1819 he was a prominent member of the convention that formed a constitution for Alabama, and four years later he compiled A Digest of the Territorial Laws of Alabama (1823). Thus he linked his name with three formal state codes.
Toulmin died in Washington County, Alabama on November 11, 1823.
(Excerpt from A Digest of the Laws of the State of Alabama...)
( The Making of Modern Law: Foreign, Comparative and Inte...)
( The Making of Modern Law: Foreign, Comparative and Inte...)
( The Making of the Modern Law: Legal Treatises, 1800-192...)
He was chosen president of Transylvania Seminary (now Transylvania University) in Lexington, Kentucky. His Unitarian views, however, offended many of the orthodox Presbyterian members of Transylvania's board of regents, and Toulmin resigned after two years.
About 1787, Toulmin married Ann Tremlett. The couple had nine children, five of whom survived infancy. In 1808, one of these children, Lucinda Jane, married Colonel Daniel Garrard, the son of James Garrard, the second governor of Kentucky. After the death of Toulmin's first wife, he married Martha Johnson in 1812. They had one child together.
One of Toulmin's sons became a prominent state legislator in Alabama, and his grandson, Harry Theophilus Toulmin was appointed district judge for the U. S. District Court for the Southern District of Alabama by President Grover Cleveland in 1886.
His grandson, Harry Theophilus Toulmin was appointed district judge for the U. S. District Court for the Southern District of Alabama by President Grover Cleveland in 1886.
(11 May 1740 – 23 July 1815) He was a noted theologian and a serial Dissenting minister of Presbyterian (1761–1764), Baptist (1765–1803), and then Unitarian (1804–1815) congregations.
(1819–1870)
(1804–1884)
(1790–1849)
(1814–1829)
(1796–1866)
(1788–1811)
(1806–1862)
(1771–1858)
( d. 1812)
