great deal of purely literary writing. His greatest work was " The Civil and Political History of Tennessee," lately republished by one of his descendants, giving a full history of the settlement of the State and the many Indian wars and treaties down to the admission of the State into the Union. He also wrote a "Natural and Aboriginal History of Tennessee," a very curious book in which he undertook to prove the descent of the Indians from ancient Eastern tribes. He wrote, be sides, a work called the " Christian Advocate." These last two works show a wonderful fund of knowledge on matters scientific and historical on the part of a man whose time was much taken up by official duties. In the " Christian Advocate " he went deep into occult matters, and ventured many predictions which are now the accepted truths of hypnotism, though the book has much in it bordering on the superstitious. At the time of his death he was just finishing a compilation of the Statute Laws of Tennessee, which he had undertaken in conjunction with Robert L. Cobbs, under the direction of the Legislature.
As a judge he was without pride of opinion. On one occasion Mr. Spencer Jarnigan was arguing a case before him, when Judge Haywood interrupted him with the question, "Have you any authority for that proposition of law?" "A very excellent authority," was the response. "I have a decision of an eminent judge of North Carolina, Judge Haywood." "Yes," replied the judge, "I knew that young man; he was put on the bench of North Carolina when he was quite young, and he made many mistakes. Judge Haywood of Tennessee overrules Judge Haywood of North Carolina."
In 1815 a third judge was added to the court. Ex-Gov. Archibald Roane, also theretofore a Judge of the Superior Court and afterward a Circuit Judge, was chosen as the new judge. He served until his death, in 1818, when he was succeeded by Thomas Emmerson, who had for a while been a member of the Superior Court. Judge Emmerson resigned in 1822.
Robert Whyte had succeeded Judge Overton in May, 1816. He served until 1834, for eighteen years, — a term of greater length than any judge before him, and surpassed only by two that came after him, Judge Green and Chief-Justice Turney. Judge Whyte was born in Wigtonshire, Scotland, on Jan. 6, 1767. His parents designed for him to enter the ministry, and with that end in view he was highly educated at Edinburgh. The bent of his inclination was away from that vocation, however, and he sought the permission of his parents to adopt one of the learned professions. On this being refused, he emigrated to America. He became professor of languages in William and Mary College, where he was for several years. Studying law, he went to North Carolina to practise, and thence to Nashville in 1804. As Supreme Judge he sustained himself well during his long term of service with many able men, and his opinions commanded great respect, though he was a literalist and laid great stress on technicalities. He was highly esteemed for his strict sense of honor and great integrity. On the reorganization of the court after the adoption of the Constitution of 1834, advancing years and the possession of what was then a large fortune disinclined him to further judicial work; and he retired, dying in 1844. The entry on the minutes of the Supreme Court on the announcement of his death bears testimony as to the high regard of his successors for "his integrity, his firmness, his legal erudition, his eminent ability, and his conscientious discharge of his duties."
In 1822 Jacob Peck became the associate of Judge Whyte, and the two were to remain together until the new Constitution of 1834. Judge Peck was born in Virginia in 1779, and lived to the extreme age of ninety, dying in Jefferson County, Tenn., June 11, 1869, after seeing peace restored to his distracted country. He was a brother of Judge Peck of Missouri. At the age of twenty-one he was licensed to practise law, and soon after removed to East Tennessee. Elected Senator
