# LaFayette Emmett *American lawyer and early Minnesota jurist; second attorney general of the Minnesota Territory and first chief justice of the Minnesota Supreme Court* LaFayette Emmett (May 8, 1822 – August 10, 1905) was an American lawyer who held two of the earliest legal offices in [[Minnesota]]. He was the second attorney general of the [[Minnesota Territory]], serving from 1853 to 1858. From 1858 to 1865 he was the first chief justice of the state supreme court.[^1] At the convention that drafted the Minnesota Constitution, Emmett sat as a Democrat. He argued that judges should be chosen by popular election, and the convention adopted that position.[^1] ## Early life Emmett was a native of Ohio and grew up there. He died in Santa Fe, New Mexico, and was buried in Faribault, Minnesota.[^1] He was the father of nine children. His son-in-law was Miguel Antonio Otero, [[governor]] of the New Mexico Territory from 1897 to 1906. Emmett's brother was Dan Emmett, who is known as the composer of "Dixie".[^1] ## Career Emmett held the territorial attorney general's office from 1853 to 1858 and was the second person to hold it.[^1] The convention that wrote the Minnesota Constitution was divided. Emmett took part as a Democrat and pressed for judges to be chosen by the voters, and the convention adopted that method. His recorded argument was that "if the people are incapable of selecting their judges, they are also incapable of selecting the man who is to appoint the judges."[^1] From 1858 to 1865 he served as the first chief justice of the state supreme court.[^1] ## Notes [^1]: Wikipedia contributors, *LaFayette Emmett* (retrieved 2026-10-25, revision 1381045919) — biographical summary of offices, dates, family, and the constitutional convention statement. CC BY-SA 4.0. https://en.wikipedia.org/wiki/LaFayette_Emmett