Jacob Brinkerhoff (August 31, 1810 – July 19, 1880) was an American jurist, Congressman, and author of the

Wilmot Proviso The Wilmot Proviso was an unsuccessful 1846 proposal in the United States Congress to ban slavery in territory acquired from Mexico in the Mexican–American War. The conflict over the Wilmot Proviso was one of the major events leading to the ...

Life and career

Brinkerhoff was born in Niles, Cayuga County, New York. He was schooled at the academy at

Prattsburgh, New York Prattsburgh is a town in Steuben County, New York, United States. The population was 1,985 at the 2020 census. It is situated in the northeast part of the county, north of Bath. History Prattsburgh was formed from the town of Pulteney in 181 ...

, and studied law in the office of Howell and Bro. Two years later he moved to

Mansfield, Ohio Mansfield is a city in and the county seat of Richland County, Ohio, United States. Located midway between Columbus and Cleveland via Interstate 71, it is part of Northeast Ohio region in the western foothills of the Allegheny Plateau. The ci ...

, where in 1837 he was admitted to the bar and began to practice in partnership with

Thomas W. Bartley Thomas Welles Bartley (also known as Thomas W. Bartley) (February 11, 1812 – June 20, 1885) was an American Democratic politician from the U.S. state of Ohio. He served as the 17th governor of Ohio. Bartley was succeeded in office by his father ...

. In October of that year he married Carolina Campbell, who died in 1839. He then married Marian Titus, of

Detroit, Michigan 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 ...

, by whom he had two sons and two daughters. He was prosecuting attorney for

Richland County, Ohio Richland County is a county located in the U.S. state of Ohio. As of the 2020 census, the population was 124,936. Its county seat is Mansfield. The county was created in 1808 and later organized in 1813. It is named for the fertile soil found ...

, from 1839 to 1843, and was then elected as a

Democrat Democrat, Democrats, or Democratic may refer to: Politics *A proponent of democracy, or democratic government; a form of government involving rule by the people. *A member of a Democratic Party: **Democratic Party (United States) (D) **Democratic ...

to the Twenty-eighth and Twenty-ninth Congresses (March 4, 1843 – March 3, 1847), where he was chairman of the Committee on Invalid Pensions (Twenty-eighth Congress). He became affiliated with the

Free Soil party The Free Soil Party was a short-lived coalition political party in the United States active from 1848 to 1854, when it merged into the Republican Party. The party was largely focused on the single issue of opposing the expansion of slavery int ...

and drew up the famous resolution known as the

; the original draft in his handwriting is in the Congressional Library. Several copies of this resolution were made and distributed among the Free Soil members of

Congress A congress is a formal meeting of the representatives of different countries, constituent states, organizations, trade unions, political parties, or other groups. The term originated in Late Middle English to denote an encounter (meeting of ...

, with the understanding that whoever among them should catch the speaker's eye and get the floor should introduce it.

David Wilmot David Wilmot (January 20, 1814 – March 16, 1868) was an American politician and judge. He served as Representative and a Senator for Pennsylvania and as a judge of the Court of Claims. He is best known for being the prime sponsor and epon ...

chanced to be that man, and, therefore, the proviso bears his name instead of Brinkerhoff's. At the close of his Congressional career, he resumed his law practice at Mansfield. In 1856, he was elected to

Ohio Supreme Court 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 ...

, where he served as Chief Justice from 1859 until 1871, being succeeded by Josiah Scott. He dissented in the Oberlin-Wellington Rescue case of 1858, a test of the

Fugitive Slave Law The fugitive slave laws were laws passed by the United States Congress in 1793 and 1850 to provide for the return of enslaved people who escaped from one state into another state or territory. The idea of the fugitive slave law was derived from ...

, arguing that slavery was solely a state institution, that should enjoy no protection at the federal level. He became affiliated with the Republican Party on its formation in 1856, and was an alternate delegate to Republican National Convention from Ohio in 1868. He died in Mansfield, and was buried in Mansfield Cemetery.

Personal life

Brinkerhoff was the son of Henry I. Brinkerhoff (1786–1847) and his wife, Rachel (nee Bevier) Brinkerhoff (1792–1826). Through his mother, he descends from three patentees, or founders, of New Paltz, New York: Louis Bevier, Simon LeFevre and Louis DuBois. His maternal grandfather, Andries Bevier, served as Supervisor of the town of Rochester, Ulster, New York. His first cousin, once removed was Henry R. Brinkerhoff, also a Congressman from Ohio.

References

External links

* * *The National Cyclopædia of American Biography, Volume 13. New York: James T. White & Company, (1906) 152. * {{DEFAULTSORT:Brinkerhoff, Jacob 1810 births 1880 deaths Justices of the Ohio Supreme Court People from Cayuga County, New York Politicians from Mansfield, Ohio Ohio lawyers County district attorneys in Ohio Ohio Republicans Ohio Free Soilers Democratic Party members of the United States House of Representatives from Ohio Free Soil Party members of the United States House of Representatives 19th-century American politicians 19th-century American judges 19th-century American lawyers