James Henry Brown (December 25, 1818 – October 28, 1900) was a justice of the

Supreme Court of Appeals of West Virginia The Supreme Court of Appeals of West Virginia is the state supreme court of the state of West Virginia, the highest of West Virginia's State court (United States), state courts. The court sits primarily at the West Virginia State Capitol in Char ...

from June 20, 1863 to December 31, 1870.

Early life, education, and career

Born in Cabell County, Virginia,J.W. Vandervort, "The Supreme Court of West Virginia", Part I, ''The Green Bag'', Volume 12 (1899), p. 190-91."Virginia Obituary: Judge James H. Brown", ''

The Baltimore Sun ''The Baltimore Sun'' is the largest general-circulation daily newspaper based in the U.S. state of Maryland and provides coverage of local, regional, national, and international news. Founded in 1837, the newspaper was owned by Tribune Publi ...

'' (October 30, 1900), p. 8. Brown was of English ancestry, and was the son of Virginia native Benjamin Brown, and

North Carolina North Carolina ( ) is a U.S. state, state in the Southeastern United States, Southeastern region of the United States. It is bordered by Virginia to the north, the Atlantic Ocean to the east, South Carolina to the south, Georgia (U.S. stat ...

native Matilda Scales Brown, who was the daughter of Major Nathaniel Scales.The American Historical Society, ''West Virginia'' (1922), p. 179.James Morton Callahan, ''History of West Virginia, Old and New, Volume 2'' (1923), p
207-8
Brown attended

Marietta College Marietta College (MC) is a private liberal arts college in Marietta, Ohio, United States. Its campus encompasses approximately six city blocks next to downtown Marietta and enrolls 1,200 students. History Marietta College began as the Muskin ...

in Ohio, and also Augusta College in Kentucky, where he graduated in 1840. He

read law Reading law was the primary method used in common law countries, particularly the United States, for people to prepare for and enter the legal profession before the advent of law schools. It consisted of an extended internship or apprenticeship un ...

under Cabell County attorney John Laidley, and began his own practice of law in his native county in 1843, and later practiced in other parts of the State. He moved to Charleston, Virginia in 1848.

Political and judicial career

In 1854, Brown was a delegate to the Virginia State Democratic Convention at Staunton that nominated

Henry A. Wise Henry Alexander Wise (December 3, 1806 – September 12, 1876) was an American attorney, diplomat, politician and slave owner from Virginia. As the 33rd Governor of Virginia, Wise served as a significant figure on the path to the American Civil ...

for Governor, Brown was a delegate to the

Wheeling Convention The 1861 Wheeling Convention was an assembly of Southern Unionist delegates from the northwestern counties of Virginia, aimed at repealing the Ordinance of Secession, which had been approved by referendum, subject to a vote. The first of its t ...

in 1861 that prevented the western portion of Virginia from seceding during the

American Civil War The American Civil War (April 12, 1861May 26, 1865; also known by Names of the American Civil War, other names) was a civil war in the United States between the Union (American Civil War), Union ("the North") and the Confederate States of A ...

, and took an active part in the formation of the state of

West Virginia West Virginia is a mountainous U.S. state, state in the Southern United States, Southern and Mid-Atlantic (United States), Mid-Atlantic regions of the United States.The United States Census Bureau, Census Bureau and the Association of American ...

as a member of most of the conventions looking to the formation of the state. He was elected to the legislature of Virginia on May 23, 1861, from

Kanawha County Kanawha County ( ) is a county in the U.S. state of West Virginia. As of the 2020 census, the population was 180,745, making it West Virginia's most populous county. The county seat is Charleston, which is also the state capital and most po ...

, "in the midst of turmoil in a divided country", and "attended many meetings when his hearers were armed for protection". In the winter of 1861-1862 he was elected and commissioned judge of the 18th judicial circuit of Virginia. While acting in this capacity the records of his courts were, in many counties, as fast as they were made, captured and destroyed, and on several occasions he narrowly escaped the repeated efforts to capture the court. As a judge he was "courteous, firm and fearless, and no appeal was ever taken from his decision as circuit judge". In 1863, he was elected to the convention that framed a constitution for the new state and later in that year was elected Judge of the newly-established Supreme Court of Appeals. By this point, Brown had become a Republican due to the progression of the war. On the Supreme Court he exhibited the same qualities as on the bench of the lower court. He was twice a candidate for Congress, but his district was strongly Democratic and he was defeated. He was elected to another term in the state legislature in 1882, which was his last public office. He retired from the practice of law in the 1890s, after half a century in practice.

Personal life

In 1844 he married Miss Louisa Beuhring, with whom he had "a large and talented family". His son, James F. Brown, became "one of the leading lawyers of the State". Brown was a Presbyterian, and was long "an elder in that church". Brown died at his home in

Charleston, West Virginia Charleston () is the List of capitals in the United States, capital and List of municipalities in West Virginia, most populous city of the U.S. state of West Virginia. It is the county seat of Kanawha County, West Virginia, Kanawha County and ...

at the age of 82, after a short sickness.

References

{{DEFAULTSORT:Brown, James H. Justices of the Supreme Court of Appeals of West Virginia U.S. state supreme court judges admitted to the practice of law by reading law Members of the West Virginia Legislature Members of the Virginia General Assembly 1818 births 1900 deaths People from Cabell County, West Virginia Marietta College alumni Augusta College (Kentucky) alumni Virginia Democrats West Virginia Republicans 19th-century American legislators 19th-century Virginia state court judges Virginia circuit court judges 19th-century Virginia politicians 19th-century West Virginia politicians