Henry Brush (February 12, 1777January 19, 1855) was a
lawyer
A lawyer is a person who practices law. The role of a lawyer varies greatly across different legal jurisdictions. A lawyer can be classified as an advocate, attorney, barrister, canon lawyer, civil law notary, counsel, counselor, solic ...
,
soldier
A soldier is a person who is a member of an army. A soldier can be a conscripted or volunteer enlisted person, a non-commissioned officer, or an officer.
Etymology
The word ''soldier'' derives from the Middle English word , from Old French ...
,
legislator
A legislator (also known as a deputy or lawmaker) is a person who writes and passes laws, especially someone who is a member of a legislature. Legislators are often elected by the people of the state. Legislatures may be supra-national (for ex ...
and
farmer
A farmer is a person engaged in agriculture, raising living organisms for food or raw materials. The term usually applies to people who do some combination of raising field crops, orchards, vineyards, poultry, or other livestock. A farmer mig ...
.
Early life and legal career
Henry Brush was born in
Dutchess County, New York
Dutchess County is a county in the U.S. state of New York. As of the 2020 census, the population was 295,911. The county seat is the city of Poughkeepsie. The county was created in 1683, one of New York's first twelve counties, and later orga ...
in 1777,
Masonic Voice Review
/ref> the youngest son of Lemuel and Mary (Per Lee) Brush. Henry completed preparatory studies and then studied law. He was admitted to the bar in 1803 and commenced practice in Chillicothe, Ohio
Chillicothe ( ) is a city in and the county seat of Ross County, Ohio, United States. Located along the Scioto River 45 miles (72 km) south of Columbus, Chillicothe was the first and third capital of Ohio. It is the only city in Ross Count ...
. For a time, he was in partnership with his brother, Platt Brush. He married Frances and seems to have had several daughters. Another source says he never married. Henry was described by contemporaries as a tall, thin man with a Roman nose and a highly nervous temperament.
In December 1805, Henry Brush testified with other lawyers before the Ohio Senate
The Ohio Senate is the upper house of the Ohio General Assembly. The State Senate, which meets in the Ohio Statehouse in Columbus, first convened in 1803. Senators are elected for four year terms, staggered every two years such that half of the se ...
in the impeachment trial
An impeachment trial is a trial that functions as a component of an impeachment. Several governments utilize impeachment trials as a part of their processes for impeachment, but differ as to when in the impeachment process trials take place and how ...
of Judge William W. Irvin, a circuit rider who had missed a number of courts held within his circuit. Irwin was removed from office. In December 1807, Henry Brush represented Nathaniel Massie
Nathaniel Massie (December 28, 1763 – November 13, 1813) was a frontier surveyor in the Ohio Country (including the Virginia Military District) who became a prominent land owner, politician, and soldier. He founded fourteen early towns in ...
who was contesting the election of Return J. Meigs, Jr.
Return Jonathan Meigs Jr. (; November 17, 1764March 29, 1825) was a Democratic-Republican politician from Ohio. He served as the fourth governor of Ohio, fifth United States Postmaster General, and as a United States senator.
Early life
Meigs ...
, as governor
A governor is an administrative leader and head of a polity or political region, ranking under the head of state and in some cases, such as governors-general, as the head of state's official representative. Depending on the type of political ...
of Ohio
Ohio () is a state in the Midwestern region of the United States. Of the fifty U.S. states, it is the 34th-largest by area, and with a population of nearly 11.8 million, is the seventh-most populous and tenth-most densely populated. The sta ...
. Brush appeared as counsel before the Ohio House of Representatives
The Ohio House of Representatives is the lower house of the Ohio General Assembly, the state legislature of the U.S. state of Ohio; the other house of the bicameral legislature being the Ohio Senate.
The House of Representatives first met in ...
and then in joint session with the Ohio Senate. Meigs, who was at the time serving as Chief Justice of the Supreme Court of Ohio
The Ohio Supreme Court, Officially known as The Supreme Court of the State of Ohio is the highest court in the U.S. state of Ohio, with final authority over interpretations of Ohio law and the Ohio Constitution. The court has seven members, a ...
, was ruled ineligible to hold the office of governor due to residency requirements.
In August 1807, the Supreme Court of Ohio ruled in ''Rutherford v. M'Faddon'' that the law passed by the legislature was unconstitutional. Chief Justice Samuel Huntington and Judge George Tod had written the opinions supporting the ruling, essentially a restatement of the federal holding of ''Marbury v. Madison
''Marbury v. Madison'', 5 U.S. (1 Cranch) 137 (1803), was a List of landmark court decisions in the United States, landmark Supreme Court of the United States, U.S. Supreme Court case that established the principle of Judicial review in the Uni ...
''. The Ohio house impeached Judge Tod on the grounds that he was usurping the power of the legislature. (Huntington, who had run for governor, was spared impeachment out of respect for his office.) At his Senate trial, Judge Tod was defended by William Creighton, Jr., Henry Brush and two others. The vote for conviction was one shy of the two-thirds required. One of those voting for conviction was impeached Judge William Irwin, now elected a member of the Senate.
Henry Brush served as the Grand Master of the Grand Lodge of Free and Accepted Masons in the State of Ohio from 1813 to 1817, having previously served as Grand Secretary.
Service in the War of 1812
In August 1812, Governor Meigs received at Marietta, Ohio
Marietta is a city in, and the county seat of, Washington County, Ohio, United States. It is located in southeastern Ohio at the confluence of the Muskingum and Ohio Rivers, northeast of Parkersburg, West Virginia. As of the 2020 census, Mar ...
a letter from Gen. William Hull
William Hull (June 24, 1753 – November 29, 1825) was an American soldier and politician. He fought in the American Revolutionary War and was appointed as Governor of Michigan Territory (1805–13), gaining large land cessions from several Ame ...
at Detroit
Detroit ( , ; , ) is the largest city in the U.S. state of Michigan. It is also the largest U.S. city on the United States–Canada border, and the seat of government of Wayne County. The City of Detroit had a population of 639,111 at th ...
stating that the army was very deficient in provisions and would perish if not resupplied by the militia. Provisions were already at Urbana, Ohio
Urbana is a city in and the county seat of Champaign County, Ohio, United States, west of Columbus, Ohio, Columbus. Urbana was laid out in 1805, and for a time in 1812 was the headquarters of the Northwestern army during the War of 1812. It is t ...
ready to be packed on horses, but awaiting a convoy of troops to protect them and open a new road, as the old one was almost impassable. On the next morning (Sunday) at Chillecothe, between 60 and 70 volunteers stepped into the ranks at the call. On Monday morning the company paraded at the Ross County, Ohio
Ross County is a county in the Appalachian region of the U.S. state of Ohio. As of the 2020 United States Census, the population was 77,093. Its county seat is Chillicothe, the first and third capital of Ohio. Established on August 20, 1798, the ...
court house and elected Henry Brush, Captain. Being without uniform they agreed upon a suitable one, immediately purchased the stuff, and through the exertions of the ladies they were all completed before evening. Meanwhile, the rest of the citizens made molds and then molded bullets and buckshot; some made cartridges. Before evening, nearly 2000 cartridges had been made, each containing a ball and three buckshot. Other provisions, canteens, knapsacks, blankets and camp equipment were provided, all at the expense of private individuals. Early the next morning they started for Urbana. In less than 24 hours, a large company of volunteers had been raised, completely equipped, and was on the march through a hostile and wilderness country.
Henry Brush's company went to Urbana and were joined by more volunteers. He then made his way north with 280 men, 100 beef cattle, and the other provisions. When Brush and his company of Ohio volunteers were near the River Raisin, he sent word to General Hull that he should be reinforced and protected by an escort, as it was understood that some British soldiers and a confederate band of Shawnee
The Shawnee are an Algonquian-speaking indigenous people of the Northeastern Woodlands. In the 17th century they lived in Pennsylvania, and in the 18th century they were in Pennsylvania, Ohio, Indiana and Illinois, with some bands in Kentucky a ...
Indians, all under command of Tecumseh
Tecumseh ( ; October 5, 1813) was a Shawnee chief and warrior who promoted resistance to the expansion of the United States onto Native American lands. A persuasive orator, Tecumseh traveled widely, forming a Native American confederacy and ...
, had crossed the Detroit river with the intention of intercepting the provision train under Captain Brush. Hull directed Major Thomas Van Horne with a detachment of two hundred riflemen of the Ohio volunteers to join Captain Brush and escort him safely to the American garrison, but Van Horne's troops were surprised by a small Indian force led by Tecumseh. In the Battle of Brownstown
The Battle of Brownstown was an early skirmish in the War of 1812. Although the United States military outnumbered the forces of Tecumseh's Confederacy 8 to 1, they lost the battle and suffered substantial losses while Tecumseh's forces were ...
the first skirmish of the War of 1812
The War of 1812 (18 June 1812 – 17 February 1815) was fought by the United States of America and its indigenous allies against the United Kingdom and its allies in British North America, with limited participation by Spain in Florida. It bega ...
, the American soldiers were panic-stricken and fled precipitously with a loss of eighteen killed, thirteen wounded and seventy missing. Hull sent another American detachment of six hundred men under Colonel James Miller to open communication with Captain Brush. At the Battle of Maguaga
The Battle of Maguaga (also known as the Battle of Monguagon or the Battle of the Oakwoods) was a small battle between British troops, Canadian militia and Tecumseh's natives against a larger force of American troops, Ohio Volunteers and Michigan L ...
the Americans were met by a force of four hundred British, commanded by Major Muir, and five hundred Indians led by Tecumseh, Marpot and Walk-in-the-Water Walk-in-the-Water r My-ee-rahref name=":0"> (died c. 1817) was a Huron chief.
Biography
He was a member of the Wyandotte tribe. At the beginning of the War of 1812, he offered his services to Gen. William Hull, but they were declined, owing to th ...
. Although inferior in numbers the Americans gallantly charged and put the opponents to flight. Both Major Muir and Tecumseh were wounded. Colonel Miller would have pushed to the rescue of Captain Brush, but was peremptorily ordered to return to Detroit by General Hull. By the time he returned, Hull had surrendered Detroit on August 16.
Meanwhile, Capt. Brush was in imminent danger of falling into the hands of the Indians under Tecumseh. When notified on the 17th by a British officer with a flag of truce, of Hull's surrender with his army, including his own command, Brush refused to accept the notice as authoritative, and escaped with most of his stores to Ohio.
Henry Brush was later a colonel
Colonel (abbreviated as Col., Col or COL) is a senior military officer rank used in many countries. It is also used in some police forces and paramilitary organizations.
In the 17th, 18th and 19th centuries, a colonel was typically in charge of ...
in the Ohio Militia. Henry's brother John Brush was a general
A general officer is an Officer (armed forces), officer of highest military ranks, high rank in the army, armies, and in some nations' air forces, space forces, and marines or naval infantry.
In some usages the term "general officer" refers t ...
in the War of 1812.
Legislative service
Henry Brush was elected from Ross County to the Ohio House of Representatives in 1810. Upon the resignation of William Creighton Sr., from the Ohio Senate, Henry Brush was appointed to take his seat in 1814.
In 1818, Henry Brush was elected as a Democratic-Republican
The Democratic-Republican Party, known at the time as the Republican Party and also referred to as the Jeffersonian Republican Party among other names, was an American political party founded by Thomas Jefferson and James Madison in the early ...
from Ohio's 3rd congressional district
Ohio's 3rd congressional district is located entirely in Franklin County and includes most of the city of Columbus. The current district lines were drawn in 2011, following the redistricting based on the 2010 census. It is currently represent ...
to the Sixteenth United States Congress
The 16th 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, 1819, ...
. During his term, he served as chairman of the House Committee on Expenditures in the Department of War. He was unsuccessful as candidate for reelection in 1820.
Judicial service
Henry Brush was elected a Judge of the Supreme Court of Ohio in the 1828-1829 term. John Goodenow of Steubenville, Ohio
Steubenville is a city in and the county seat of Jefferson County, Ohio, United States. Located along the Ohio River 33 miles west of Pittsburgh, it had a population of 18,161 at the 2020 census. The city's name is derived from Fort Steuben, a 1 ...
, a Jacksonian, was chosen by the legislature in early 1830 to a position on the State Supreme Court. When Goodenow resigned because of eye trouble, his place was taken by Henry Brush who was appointed by Governor Allen Trimble
Allen Trimble (November 24, 1783 – February 3, 1870) was a Federalist and National Republican politician from Ohio. Son of James Trimble and Jane Allen. He served as the eighth and tenth governor of Ohio, first concurrently as Senate Speaker ...
and served again as Judge of the Supreme Court of Ohio from 1830 to 1831.
Political activities and retirement
In the presidential campaign of 1840, William Henry Harrison
William Henry Harrison (February 9, 1773April 4, 1841) was an American military officer and politician who served as the ninth president of the United States. Harrison died just 31 days after his inauguration in 1841, and had the shortest pres ...
traveled around Ohio and was feted wherever he appeared. At a three-day celebration in Chillecothe, it was said that Henry Brush entertained 2,500 people at meals in his home.
After his public career, Henry Brush moved to a farm in Madison County, Ohio
Madison County is a county located in the central portion of the U.S. state of Ohio. As of the 2020 census, the population was 43,824. Its county seat is London. The county is named for James Madison, President of the United States and was es ...
near London, Ohio
London is a city in and the county seat of Madison County, Ohio, United States. Located about southwest of the Ohio capital of Columbus, London was established in 1811 to serve as the county seat. The population was 10,279 at the 2020 census. ...
and retired to a quiet life. Henry Brush died at his farm in 1855. He was interred in Oak Hill Cemetery.
References
* Brush, George Rawson. Of the Brush family in America. Sayville, N.Y.: unknown, 1891, 10 pgs.
* Taylor, William Alexander. Ohio statesmen and annals of progress : from the year 1788 to the year 1900. Columbus, Ohio: Press of the Westbote Co., state printers, 1899, ©1898, 458 pgs.
* Ohio archaeological and historical quarterly. Columbus, Ohio: Press of F.J. Heer, 1906, 520 pgs.
* Northern Ohio during the War of 1812, from manuscripts in the collection of the Western Reserve Historical Society. Cleveland, Ohio: The Western Reserve Historical Society, 1913, 117 pgs.
* A Standard history of Ross County. Chicago: Lewis Publishing Co., 1917, 1006 pgs.
* Weisenburger, Francis P. The passing of the frontier from 1825 to 1850. Columbus, Ohio: Ohio State Archaeological and Historical Society, 1941, 538 pgs.
* Utter, William T. The frontier state from 1803 to 1825. Columbus, Ohio: Ohio State Archaeological and Historical Society, 1942, 468 pgs.
* Hoff, Henry B., ed. Genealogies of Long Island Families. Baltimore: Genealogical Publishing Co. (reprints from The New York Genealogical and Bibliographical Record magazines), 1987.
{{DEFAULTSORT:Brush, Henry
1777 births
1855 deaths
People from Dutchess County, New York
Members of the Ohio House of Representatives
American militiamen in the War of 1812
Ohio state senators
Justices of the Ohio Supreme Court
Politicians from Chillicothe, Ohio
Democratic-Republican Party members of the United States House of Representatives from Ohio