History of Monroe County, 1884

PRIESTLY H. McBRIDE

(The First Circuit Court Judge of Monroe County).

This gentleman was a judge of the Supreme Court of Missouri during 1845 and 1846. He was a native of Kentucky, and born, raised and educated near Harrodsburg. He received a good education, studied law in Kentucky, came to Missouri when quite young and located in Columbia, Boone county. On December 11, 1830, he was commissioned as judge of the second judicial circuit. On January 1, 1836, the Legislature adopted and passed a constitutional amendment, which, among other things, vacated all the judicial offices. Judge McBride, however, refused to give up his office, stating as a reason that the amendment had not passed by the requisite majority, and alleging also their irregularities. An information in the nature of a writ of quo warranto was taken against him, requiring him to show cause by what authority or commission he continued to exercise the duties of the office, etc. In answer to this the defendant pleaded his commission of December 11, 1830. To this plea a demurrer was filed and the question of the validity of the action of the general assembly was thus raised. The real point il the case was this: The amendment had been ratified by a vote of two-thirds of a quorum of the house, but not two-thirds of all the members, which the judge contended was necessary. The case went to the Supreme Court, where it was held that two thirds of a quorum was sufficient. This, of course, ousted Judge McBride from the office. The reader will find the case reported in 4th Missouri Reports, p. 303. The same legislature organized a new circuit composed of the counties of Marion, Lewis, Clark, Monroe, and probably Shelby, and Judge McBride was appointed to that circuit, where he remained until he was appointed judge of the Supreme Court in 1845. During part of his judicial service he resided in Paris, Monroe county. In politics he was an uncompromising Democrat, but took no active part in the political contests of the State while on the bench. In January, 1829, he was appointed by Gov. Miller secretary of State, and resigned in 1830, in order to accept the judgeship of the second judicial circuit. He was in no sense a brilliant man, though he made a fair judge.

He was married to Mary Snell, daugher of Cumberland Snell
and Elizabeth Emison.

Priestly Haggin McBride and Mary Snell had three
children:
Mary A. McBride
John M. McBride
Sarah Adeline McBride