Charles Daniel Drake (April 11, 1811 – April 1, 1892) was a United States senator from Missouri and Chief Justice of the Court of Claims. Charles Drake was successively a Whig, a

Know Nothing The Know Nothing party was a nativist political party and movement in the United States in the mid-1850s. The party was officially known as the "Native American Party" prior to 1855 and thereafter, it was simply known as the "American Party". ...

, and a Democrat.

Education and career

Born on April 11, 1811, in Cincinnati, Ohio, Drake attended St. Joseph's College in

Bardstown Bardstown is a home rule-class city in Nelson County, Kentucky, United States. The population was 11,700 in the 2010 census. It is the county seat of Nelson County. Bardstown is named for the pioneering Bard brothers. David Bard obtained a l ...

, Kentucky in 1823 and 1824, and Partridge's Military Academy in Middletown, Connecticut in 1824 to 1825. He was a

midshipman A midshipman is an officer of the lowest rank, in the Royal Navy, United States Navy, and many Commonwealth navies. Commonwealth countries which use the rank include Canada (Naval Cadet), Australia, Bangladesh, Namibia, New Zealand, South Afr ...

in the United States Navy from 1827 to 1830. He

read law Reading law was the 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 under the ...

with Benjamin Drake in Cincinnati. He entered private practice in Cincinnati from 1833 to 1834. He continued private practice in St. Louis, Missouri from 1834 to 1847, then returned to Cincinnati from 1847 to 1849. He was treasurer of the Board of Foreign Missions of the Presbyterian Church in 1849. He resumed private practice in St. Louis from 1850 to 1867. He was a member of the Missouri House of Representatives from 1859 to 1860. He was a delegate and Vice President of the Missouri constitutional convention in 1865.

Leader of Radical Republicans

During the American Civil War, Drake became a fierce opponent of slavery, and a leader of the Radical Republicans. From 1861 to 1863, he proposed without success the immediate and uncompensated emancipation of slaves. He was defeated by the conservative Republicans led by Governor Hamilton Rowan Gamble and supported by Lincoln. By 1863, Drake had organized his Radical faction and called for immediate emancipation, a new constitution, and a system of disfranchisement of all Confederate sympathizers in Missouri. He served as vice president of the 1865 state constitutional convention, where he stood out as the most active leader. Missouri German leader

Carl Schurz Carl Schurz (; March 2, 1829 – May 14, 1906) was a German revolutionary and an American statesman, journalist, and reformer. He immigrated to the United States after the German revolutions of 1848–1849 and became a prominent member of the new ...

commented about him, "in politics he was inexorable ... most of the members of his party, especially in the country districts, stood much in awe of him." The new Constitution was adopted and became known as the "Drake constitution." The Radicals maintained absolute control of the state from 1865 to 1871, with Drake as their leader. To maintain power, Drake and the Radical Republicans disfranchised every man who had supported the Confederacy, even indirectly. They made an 81-point checklists of actions. The United States Supreme Court reversed the imposition of the oath on ministers, and became a highly controversial political issue across the state. The German Republicans in particular were angry.Martha Kohl, "Enforcing a Vision of Community: The Role of the Test Oath in Missouri's Reconstruction." ''Civil War History'' 40.4 (1994): 292-307. To further bolster his voting base, he secured the franchise for all black men in Missouri, despite qualms held by many Republicans.

Congressional service

Drake was elected as a Republican to the United States Senate and served from March 4, 1867, to December 19, 1870, when he resigned to accept a federal judicial position. He served as Chairman of the United States Senate Committee on Education for the

41st United States Congress The 41st United States Congress was a meeting of the legislative branch of the United States federal government, consisting of the United States Senate and the United States House of Representatives. It met in Washington, D.C. from March 4, 1869, ...

Federal judicial service

Drake was nominated by President Ulysses S. Grant on December 12, 1870, to the Chief Justice seat on the Court of Claims (later the

United States Court of Claims The Court of Claims was a federal court that heard claims against the United States government. It was established in 1855, renamed in 1948 to the United States Court of Claims (), and abolished in 1982. Then, its jurisdiction was assumed by the n ...

) vacated by Chief Justice Joseph Casey. He was confirmed by the United States Senate on December 12, 1870, and received his commission the same day. His service terminated on December 12, 1885, due to his resignation.

Later career and death

Following his resignation from the federal bench, Drake resumed private practice in Washington, D.C. from 1885 to 1892. He died on April 1, 1892, in Washington, D.C. His remains were cremated and the ashes interred in Bellefontaine Cemetery in St. Louis.

Family

Drake's father,

Daniel Drake Daniel Drake (October 20, 1785 – November 5, 1852) was a pioneering American physician and prolific writer. Early life Drake was born in Plainfield, New Jersey, to Isaac Drake and Elizabeth Shotwell. He was the elder brother of Benjamin ...

(1785–1852), was an American physician and author. His uncle,

Benjamin Drake Benjamin Drake (November 28, 1794, May's Lick, Kentucky – April 1, 1841, Cincinnati) historian, editor, and writer born to Isaac Drake (1756–1832) and Elizabeth Shotwell (; 1761–1821). His elder brother was the physician and author Daniel ...

(1795–1841), was an American historian, editor, and writer.

Works

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References

External links

* {{DEFAULTSORT:Drake, Charles D. 1811 births 1892 deaths American legal writers American Presbyterians Members of the Missouri House of Representatives Missouri state court judges Politicians from Cincinnati United States Navy midshipmen Judges of the United States Court of Claims Republican Party United States senators from Missouri Radical Republicans Missouri Republicans Norwich University alumni United States Article I federal judges appointed by Ulysses S. Grant 19th-century American judges 19th-century American politicians