James Diament Westcott, III (May 1, 1838 or June 18, 1838 – April 29, 1887), also known as James Diament Westcott, Jr., was an American politician from the state of
Florida
Florida is a state located in the Southeastern region of the United States. Florida is bordered to the west by the Gulf of Mexico, to the northwest by Alabama, to the north by Georgia, to the east by the Bahamas and Atlantic Ocean, and to ...
who served as the 19th Justice of the
Florida Supreme Court
The Supreme Court of Florida is the highest court in the U.S. state of Florida. It consists of seven members: the chief justice and six justices. Six members are chosen from six districts around the state to foster geographic diversity, and one ...
.
Early life and education
Westcott was born in the city of
Tallahassee
Tallahassee ( ) is the capital city of the U.S. state of Florida. It is the county seat and only incorporated municipality in Leon County. Tallahassee became the capital of Florida, then the Florida Territory, in 1824. In 2020, the population ...
in the
Florida Territory
The Territory of Florida was an organized incorporated territory of the United States that existed from March 30, 1822, until March 3, 1845, when it was admitted to the Union as the state of Florida. Originally the major portion of the Spanish te ...
on either May 1, 1838 or June 18, 1838. Westcott is the son of
James Westcott
James Diament Westcott Jr. (May 10, 1802January 19, 1880) was an American politician of the Democratic Party who served as the first Class 3 United States Senator from Florida from 1845 to 1849.
Early life and career
Westcott was born in Alex ...
, an early Florida politician who would later serve as its
U.S. Senator
The United States Senate is the upper chamber of the United States Congress, with the House of Representatives being the lower chamber. Together they compose the national bicameral legislature of the United States.
The composition and powe ...
. Although Westcott is the third in his family to share the name, he used the "Jr." suffix rather than the "III" suffix throughout his life.
Westcott studied at the
West Florida Seminary
The history of Florida State University dates to the 19th century and is deeply intertwined with the history of education in Florida, education in the state of Florida and in the city of Tallahassee, Florida, Tallahassee.
Florida State University, ...
.
Political career
In 1858, Westcott became the Assistant Secretary of the
Florida Senate
The Florida Senate is the upper house of the Florida Legislature, the state legislature of the U.S. state of Florida, the Florida House of Representatives being the lower house. Article III, Section 1 of the Constitution of Florida, adopted ...
. The following year, he became the private secretary of Governor
Madison S. Perry
Madison Starke Perry (1814 – March 1865) was the fourth Governor of Florida.
Early life
Madison Starke Perry was born in Lancaster County, South Carolina, the youngest child of Benjamin Perry and his wife Mary Starke. He attended South Car ...
.
During the
American Civil War
The American Civil War (April 12, 1861 – May 26, 1865; also known by other names) was a civil war in the United States. It was fought between the Union ("the North") and the Confederacy ("the South"), the latter formed by states th ...
, served as an officer in the
Confederate States Army
The Confederate States Army, also called the Confederate Army or the Southern Army, was the military land force of the Confederate States of America (commonly referred to as the Confederacy) during the American Civil War (1861–1865), fighting ...
, serving in the
1st Florida Infantry
The 1st Florida Infantry Regiment was an infantry regiment raised by the Confederate state of Florida during the American Civil War. Raised for 12 months of service its remaining veterans served in the 1st (McDonell's) Battalion, Florida Infantry f ...
under the command of
Brigadier General
Brigadier general or Brigade general is a military rank used in many countries. It is the lowest ranking general officer in some countries. The rank is usually above a colonel, and below a major general or divisional general. When appointed ...
James Patton Anderson
James Patton Anderson (February 16, 1822 – September 20, 1872) was an American slave owner, physician, lawyer, and politician, most notably serving as a United States Congressman from the Washington Territory, a Mississippi state legislator, ...
. Westcott served as Anderson's
Commissary General
A commissary is a government official charged with oversight or an ecclesiastical official who exercises in special circumstances the jurisdiction of a bishop.
In many countries, the term is used as an administrative or police title. It often c ...
and attained the rank of
Captain
Captain is a title, an appellative for the commanding officer of a military unit; the supreme leader of a navy ship, merchant ship, aeroplane, spacecraft, or other vessel; or the commander of a port, fire or police department, election precinct, e ...
. After his retirement from the Confederate States Army in 1864, Westcott served as the clerk of the C.S. District Court for Florida.
After the end of the war, Westcott was elected to the
Florida House of Representatives
The Florida House of Representatives is the lower house of the Florida Legislature, the state legislature of the U.S. state of Florida, the Florida Senate being the upper house. Article III, Section 1 of the Constitution of Florida, adopted ...
, representing
Leon County, in 1866, though he would resign later that year. In the 1868 elections, Westcott, 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 ...
, successfully ran for
Florida Attorney General
The Florida attorney general is an elected cabinet official in the U.S. state of Florida. The attorney general serves as the chief legal officer of the state and is head of the Florida Department of Legal Affairs.
The office is one of Florida's t ...
.
This is despite the fact that both the
1868 Presidential election and
1868 Florida Governor election were both
landslides
Landslides, also known as landslips, are several forms of mass wasting that may include a wide range of ground movements, such as rockfalls, deep-seated slope failures, mudflows, and debris flows. Landslides occur in a variety of environments, ...
for the
Republican Party
Republican Party is a name used by many political parties around the world, though the term most commonly refers to the United States' Republican Party.
Republican Party may also refer to:
Africa
*Republican Party (Liberia)
* Republican Part ...
as a result of the
1868 Florida Constitution enfranchising
freedmen
A freedman or freedwoman is a formerly enslaved person who has been released from slavery, usually by legal means. Historically, enslaved people were freed by manumission (granted freedom by their captor-owners), abolitionism, emancipation (gra ...
, who mostly registered as Republicans. Additionally, many former Confederates, mostly Democrats, were still disenfranchised as part of
Reconstruction
Reconstruction may refer to:
Politics, history, and sociology
*Reconstruction (law), the transfer of a company's (or several companies') business to a new company
*''Perestroika'' (Russian for "reconstruction"), a late 20th century Soviet Union ...
.
Florida Supreme Court
Within a few weeks of assuming office as Attorney General in July 1868, Westcott was appointed to the Florida Supreme Court by Republican Governor
Harrison Reed, making him the
youngest justice in the Court's history.
Despite their political differences, Reed saw potential in appointing Westcott to the Supreme Court. For one, it was important for Reed to appease the
Southern Democrats
Southern Democrats, historically sometimes known colloquially as Dixiecrats, are members of the U.S. History of the Democratic Party (United States), Democratic Party who reside in the Southern United States. Southern Democrats were generally mu ...
by appointing one of their own to the Court, as it was filled with
carpetbagger
In the history of the United States, carpetbagger is a largely historical term used by Southerners to describe opportunistic Northerners who came to the Southern states after the American Civil War, who were perceived to be exploiting the lo ...
Republicans. Additionally, Westcott's friendly disposition on the one hand and thoroughness in researching the law and precedent on the other made in invaluable to the Court, and earned him respect from members of both parties. During his time on the Court, Westcott wrote 267 decisions, more than any other Justice up to that time except for Chief Justice
Edwin M. Randall
Edwin M. Randall (April 5, 1822 – July 12, 1895) was a Florida lawyer and Republican Party (United States), Republican politician who served as chief justice of the Florida Supreme Court from January 1869 to January 7, 1885.
Randall was born ...
.
In 1872, incumbent Republican U.S. Senator
Thomas W. Osborn
Thomas Ward Osborn (March 9, 1833December 18, 1898) was a Union Army officer, freedmen bureau official, 1868 Florida Constitutional Convention delegate, state senator, and United States Senator representing Florida.
Early life
Osborn was born in ...
did not run for re-election. Westcott ran to succeed him, receiving the Democratic nomination. However, Westcott lost in the general election to Republican
Simon B. Conover
Simon Barclay Conover (September 23, 1840April 19, 1908) was an American physician and politician who served as a delegate to Florida's 1868 Constitutional Convention, state treasurer, state legislator, and U.S. Senator from Florida. He served ...
as a result of the continuing Republican wave during Reconstruction.
Westcott continued to serve on the Florida Supreme Court until illness forced him to resign in 1885.
Death and legacy
Westcott died in Tallahassee, Florida on April 19, 1887 from the same illness that forced him to resign just two years earlier. Westcott is buried in Tallahassee's Old City Cemetery.
Westcott, a lifelong bachelor, left his entire estate to his Alma mater, the West Florida Seminary, which was struggling at the time. In part thanks to his contribution, the college survived to become
Florida State University
Florida State University (FSU) is a public research university in Tallahassee, Florida. It is a senior member of the State University System of Florida. Founded in 1851, it is located on the oldest continuous site of higher education in the st ...
. In December 1936, Florida State University renamed the Administration Building to the
James D. Westcott Jr. Memorial Building.
See also
*
James Westcott
James Diament Westcott Jr. (May 10, 1802January 19, 1880) was an American politician of the Democratic Party who served as the first Class 3 United States Senator from Florida from 1845 to 1849.
Early life and career
Westcott was born in Alex ...
*
Westcott Building
The James D. Westcott Building is a historic building on the campus of The Florida State University in Tallahassee, in the U.S. state of Florida. The Westcott Building currently houses the chief administrative offices for Florida State Universit ...
Notes
References
{{DEFAULTSORT:Westcott, James III
1839 births
1887 deaths
People from Tallahassee, Florida
Justices of the Florida Supreme Court
Democratic Party members of the Florida House of Representatives
Florida Attorneys General
Florida State University
Florida State University alumni
Confederate States Army officers
Confederate States Army soldiers
19th-century American politicians
People of Florida in the American Civil War
19th-century American judges