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Joseph Emerson Brown (April 15, 1821 – November 30, 1894), often referred to as Joe Brown, was an American attorney and politician, serving as the 42nd Governor of Georgia from 1857 to 1865, the only governor to serve four terms. He also served as a United States Senator from that state from 1880 to 1891. A former Whig, and a firm believer in slavery and Southern states' rights, Brown was a leading secessionist in 1861, and led his state into the Confederacy. Yet he also defied the Confederate government's wartime policies: he resisted the military draft, believing that local troops should be used only for the defense of Georgia; and denounced Confederate President Jefferson Davis as an incipient tyrant, challenging Confederate impressment of animals and goods to supply the troops, and slaves to work in military encampments and on the lines. Several other governors followed his lead. After the American Civil War, Brown joined 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 Party ...
for a time, and was appointed as chief justice of the Supreme Court of Georgia from 1865 to 1870. Later he rejoined the Democrats, became president of the
Western and Atlantic Railroad The Western & Atlantic Railroad of the State of Georgia (W&A) is a railroad owned by the State of Georgia and currently leased by CSX, which CSX operates in the Southeastern United States from Atlanta, Georgia, to Chattanooga, Tennessee. It was fo ...
and began to amass great wealth; he was estimated to be a millionaire by 1880. He benefited from using convicts leased from state, county and local governments in his coal mining operations in Dade County. His Dade Coal Company bought other coal and iron companies, and by 1889 was known as the Georgia Mining, Manufacturing and Investment Company. Finally, he was twice elected by the state legislature as a
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 power ...
, serving from 1880 to 1891. During this time he was part of the
Bourbon Triumvirate The Bourbon Triumvirate refers to three powerful and influential Georgia politicians, all members of the Democratic Party, in the post-Reconstruction Era: Joseph E. Brown, Alfred H. Colquitt, and John Brown Gordon. The three men occupied posit ...
, alongside fellow prominent Georgia politicians
John Brown Gordon John Brown Gordon () was an attorney, a slaveholding plantation owner, general in the Confederate States Army, and politician in the postwar years. By the end of the Civil War, he had become "one of Robert E. Lee's most trusted generals." ...
and
Alfred H. Colquitt Alfred Holt Colquitt (April 20, 1824March 26, 1894) was an American lawyer, preacher, soldier, and politician. Elected as the 49th Governor of Georgia (1877–1882), he was one of numerous Democrats elected to office as white conservatives too ...
. Brown saved the Southern Baptist Theological Seminary financially in the 1870s. An endowed chair in his honor, the Joseph Emerson Brown Chair of Christian Theology, was established at the institution. In 2020, the endowed chair was vacated because of Brown's position on slavery and use of the convict leasing system.


Early life and education

Joseph Emerson Brown was born on April 15, 1821, in Pickens County, South Carolina, to Mackey Brown and Sally (Rice) Brown. At a young age he moved with his family to
Union County, Georgia Union County is a county located in the north central portion of the U.S. state of Georgia. As of the 2020 census, the population was 24,632. The county seat is Blairsville. History Union County was originally a core part of the homeland o ...
.Chapter XIX: "Governor Brown of Georgia", in: Smith, Elsie Haws. (1954). ''More About those Rices.
Edmund Rice (1638) Edmund Rice (c. 1594 – 3 May 1663), was an early immigrant to Massachusetts Bay Colony born in Suffolk, England. He lived in Stanstead, Suffolk and Berkhamsted, Hertfordshire before sailing with his family to America. He landed in the Colo ...
'', Association & Meador Publishers, Boston.
In 1840, he decided to leave the farm and seek an education. With the help of his younger brother James and their father's plow horse, Brown drove a yoke of oxen on a 125-mile trek to an academy near
Anderson, South Carolina Anderson is a city in and the county seat of Anderson County, South Carolina, United States. The population was 28,106 at the 2020 census, and the city was the center of an urbanized area of 75,702. It is one of the principal cities in the Gre ...
. There Brown traded the oxen for eight months' board and lodging. In 1844, Brown moved to
Canton, Georgia Canton is a city in and the county seat of Cherokee County, Georgia, United States. As of the 2010 census, the city had a population of 22,958, up from 7,709 in 2000. Geography Canton is located near the center of Cherokee County at (34.2273 ...
, where he served as headmaster of the town's academy. During this time, Brown boarded in the home of local businessman and Baptist minister John W. Lewis. Brown paid for his room and board by tutoring the Lewis children. A friendship developed between the men, and Lewis loaned Brown money to continue his legal education. Brown went to Yale University to study law, then returned to Canton to practice. In 1847 he opened a law office in the county seat, and began to make the connections on which he built his fortune. He married Elizabeth Grisham, daughter of a major land developer. They had several children together. Brown joined the
Democratic Party Democratic Party most often refers to: *Democratic Party (United States) Democratic Party and similar terms may also refer to: Active parties Africa * Botswana Democratic Party * Democratic Party of Equatorial Guinea *Gabonese Democratic Party *De ...
and was soon elected to the Georgia state senate in 1849 from the developing Etowah River valley. He rapidly rose as a leader in the party. He was elected as state circuit court judge in 1855. He was a
presidential elector The United States Electoral College is the group of presidential electors required by the Constitution to form every four years for the sole purpose of appointing the president and vice president. Each state and the District of Columbia app ...
in
1856 Events January–March * January 8 – Borax deposits are discovered in large quantities by John Veatch in California. * January 23 – American paddle steamer SS ''Pacific'' leaves Liverpool (England) for a transatlantic voya ...
.


Governor of Georgia


First term

In 1857, at the young age of 36, Brown was elected governor of the state. He supported free public education for poor white children, believing that it was key to development of the state. He asked the state legislature to divert a portion of profits from the state-owned railroad, the Western & Atlantic, to help fund the schools.Carole E. Scott, "Joseph E. Brown"
, About North Georgia website, 2016; accessed December 16, 2016
Most planters did not support public education and paid for private tutors and academies for their children. The Western and Atlantic Railroad was mismanaged, and unable to produce the income Brown required to fund his public education proposal. In 1858, Governor Brown appointed John W. Lewis, his landlord and benefactor from Brown's early days in Canton, to the position of Superintendent of the state-owned railroad. Lewis was a successful businessman, and immediately undertook reforms to turn around the failing enterprise. The railroad, said to be in "dire financial straits", required the same strict economic controls Lewis had practiced in his private businesses. In the three years that Lewis ran the railroad, he was able to turn the business into a money-making enterprise, paying $400,000 per year into the state treasury.


Second term

Brown easily won re-election in 1859 when he defeated a young Warren Akin Sr. (who was just beginning his political career) by a margin of 60%-40%. Brown was a slave owner; in 1850, he owned five slaves. By 1860 when he was governor, he owned a total of 19 slaves and several farms in
Cherokee County, Georgia Cherokee County is located in the US state of Georgia. As of the 2020 Census, the population was 266,620. The county seat is Canton. The county Board of Commissioners is the governing body, with members elected to office. Cherokee County is inc ...
. Brown became a strong supporter of secession from the United States after
Abraham Lincoln Abraham Lincoln ( ; February 12, 1809 – April 15, 1865) was an American lawyer, politician, and statesman who served as the 16th president of the United States from 1861 until his assassination in 1865. Lincoln led the nation throu ...
's election and South Carolina's secession in 1860. He feared that Lincoln would abolish slavery. Considering it the basis of the South's lucrative plantation economy, he called upon Georgians to oppose the efforts to end slavery: Once the Confederacy was established, Brown, a states' rights advocate, spoke out against expansion of the Confederate central government's powers. He denounced President Jefferson Davis in particular. Brown tried to stop Colonel Francis Bartow from taking Georgia troops "out of the state" to the
First Battle of Bull Run The First Battle of Bull Run (the name used by Union forces), also known as the Battle of First Manassas
. Though he objected most strenuously to military
conscription Conscription (also called the draft in the United States) is the state-mandated enlistment of people in a national service, mainly a military service. Conscription dates back to antiquity and it continues in some countries to the present day un ...
by the Confederate government in Richmond, Brown also protested the army's impressment of goods and slave labor, and was critical of Confederate tax and blockade-running policies. In time, other Confederate governors followed Brown's example, undermining the war effort and sapping the Confederacy of vital resources.


Third term

In 1861, Brown was up for re-election to a third term. It was at this time, during the re-election campaign, that Western & Atlantic Railroad Superintendent John Wood Lewis, and old friend of the governor, decided to resign from the railroad. The timing could not have been worse. Fearing that Lewis' resignation would be interpreted negatively, the governor requested that Lewis keep the resignation a secret; but the resignation letter was leaked to the press, causing a rift between the two old friends. Brown wrote to Lewis, saying: "I did not deserve this at your hands, and I confess I felt it keenly...I do not attribute improper motives, but only say the coincidence was an unfortunate one for me". The two friends eventually smoothed over the incident, and Governor Brown was subsequently re-elected. On April 7, 1862, months after Lewis left the railroad, Governor Brown appointed Lewis to a vacant seat in the
Confederate Senate The Confederate States Congress was both the provisional and permanent legislative assembly of the Confederate States of America that existed from 1861 to 1865. Its actions were for the most part concerned with measures to establish a new na ...
from
Georgia Georgia most commonly refers to: * Georgia (country), a country in the Caucasus region of Eurasia * Georgia (U.S. state), a state in the Southeast United States Georgia may also refer to: Places Historical states and entities * Related to the ...
in the
1st Confederate States Congress The 1st Confederate States Congress, consisting of the Confederate States Senate and the Confederate States House of Representatives, met from February 18, 1862, to February 17, 1864, during the first two years of Jefferson Davis's presidency, a ...
, 1862–1863. Robert Toombs, former
Confederate States Secretary of State The Confederate States Secretary of State was the head of the Confederate States State Department from 1861 to 1865 during the American Civil War. There were three people who served the position in this time. Secretaries of State See also *Uni ...
, had created the vacancy when he declined his election at the Congress's opening session on February 18.


Capture of Milledgeville - the state capital

In 1864, after the
fall of Atlanta The city of Atlanta, Georgia, in Fulton County, was an important rail and commercial center during the American Civil War. Although relatively small in population, the city became a critical point of contention during the Atlanta Campaign in 1 ...
, Union General William Tecumseh Sherman began his March to the Sea. On the route from Atlanta to
Savannah A savanna or savannah is a mixed woodland-grassland (i.e. grassy woodland) ecosystem characterised by the trees being sufficiently widely spaced so that the canopy does not close. The open canopy allows sufficient light to reach the ground to ...
the left wing of Sherman's army entered the city of Milledgeville, then Georgia's state capital. As U.S. troops closed in on the city, and with the fall of the capital imminent, Governor Brown ordered Quartermaster General
Ira Roe Foster Ira Roe Foster (January 9, 1811 – November 19, 1885) was a teacher, medical doctor, attorney, soldier, businessman, and politician from South Carolina. During the 1840s, Foster served as brigadier general in the Georgia Militia. With the ...
to remove the state records. The task proved to be difficult, as it was undertaken in the midst of chaos. After the loss of Atlanta, Brown withdrew the state's militia from the Confederate forces to harvest crops for the state and the army. When Union troops under Sherman overran much of Georgia in 1864, Brown called for an end to the war.


Post-war imprisonment to Republican judgeship

After the war, Brown was briefly held as a political prisoner in
Washington, D.C. ) , image_skyline = , image_caption = Clockwise from top left: the Washington Monument and Lincoln Memorial on the National Mall, United States Capitol, Logan Circle, Jefferson Memorial, White House, Adams Morgan, Na ...
He supported President
Andrew Johnson Andrew Johnson (December 29, 1808July 31, 1875) was the 17th president of the United States, serving from 1865 to 1869. He assumed the presidency as he was vice president at the time of the assassination of Abraham Lincoln. Johnson was a De ...
's
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 Unio ...
policies, joining 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 Party ...
for a time. As a Republican, Brown was appointed as chief justice of the Supreme Court of Georgia, serving from 1865 to 1870.


Rejoining the Democratic Party

Brown resigned as judge when offered the presidency of the
Western and Atlantic Railroad The Western & Atlantic Railroad of the State of Georgia (W&A) is a railroad owned by the State of Georgia and currently leased by CSX, which CSX operates in the Southeastern United States from Atlanta, Georgia, to Chattanooga, Tennessee. It was fo ...
. In this role, Brown opposed efforts by a committee to revise the state constitution to establish uniform rates for freight over the multiple railroad lines in the state. After Reconstruction ended, Brown rejoined the Democratic Party. He was elected to the U.S. Senate in 1880 by the state legislature, as was custom by the US constitution and state laws of the time. Soon after his election to the Senate, Brown became the first Democratic Party official in Georgia to support
public education State schools (in England, Wales, Australia and New Zealand) or public schools (Scottish English and North American English) are generally primary or secondary educational institution, schools that educate all students without charge. They are ...
for all white children. The Republican Reconstruction-era legislature was the first to establish public education in the state but the succeeding post-Reconstruction, white-dominated legislature abandoned it. Brown recommended that railroad fees be used to support it financially. Prior to this, only the elite who could afford tutors or private academies had their children formally educated.


Later political service and business career

Brown was first elected to the United States Senate by the
state legislature A state legislature is a legislative branch or body of a political subdivision in a federal system. Two federations literally use the term "state legislature": * The legislative branches of each of the fifty state governments of the United Sta ...
in 1880, taking office on May 26, 1880. He was re-elected in 1885, and retired in 1891 due to poor health. While Brown's political supporters claimed that he "came to Atlanta on foot with less than a dollar in his pocket after the war and ... made himself all that he is by honest and laborious methods", most of his enterprises stemmed from his political connections. He amassed a fortune, in part through the use of convicts leased from state, county and local government in his coal mining operations in Dade County.Kenneth M. Stampp, ''The Era of Reconstruction, 1865-1877,'' 1965, p. 161 His use of leased convict labor began in 1874 and continued until his death in 1894, a period that coincided with "the high tide of the convict lease system in Georgia". The convict lease system was first authorized during the period of Reconstruction, under
military governor A military government is generally any form of government that is administered by military forces, whether or not this government is legal under the laws of the jurisdiction at issue, and whether this government is formed by natives or by an occup ...
and Union general
Thomas H. Ruger Thomas Howard Ruger (April 2, 1833 – June 3, 1907) was an American soldier and lawyer who served as a Union general in the American Civil War. After the war, he was a superintendent of the United States Military Academy at West Point, N ...
, who issued the first convict lease in April 1868. It was expanded during the post-Reconstruction era, when the Democratic-dominated state legislature passed new laws criminalizing a range of behavior. State prisoners who were unable to pay fines, levied as part of their conviction, faced the possibility of being leased out by the state, as convict labor. In 1880 Brown, whose fortune was estimated conservatively at one million dollars, netted $98,000 from the Dade Coal Company. By 1886, Dade Coal was a parent company, owning Walker Iron and Coal, Rising Fawn Iron, Chattanooga Iron, and Rogers Railroad and Ore Banks, and leasing Castle Rock Coal Company. An 1889 reorganization resulted in the formation of the Georgia Mining, Manufacturing and Investment Company. This rested largely on a foundation of convict labor.Matthew J. Mancini, "Race, Economics, and the Abandonment of the Convict Lease System," ''The Journal of Negro History'', Vol. 63, No. 4 ctober 1978 p. 342 The system has been likened by journalist
Douglas A. Blackmon Douglas A. Blackmon (born 1964) is an American writer and journalist who won a Pulitzer Prize in 2009 for his book, '' Slavery by Another Name: The Re-Enslavement of Black Americans from the Civil War to World War II.'' Early life and education B ...
to "slavery by another name," in his book by that title. A legislative committee visited Brown's mines during the same year that Brown sold them. They reported that the convict laborers were "in the very worst condition ... actually being starved and have not sufficient clothing ... treated with great cruelty." Of particular note to the visiting officials was that the mine claimed to have replaced whipping with the water cure torture—in which water was poured into the nostrils and lungs of the prisoners—because it allowed miners to "go to work right away" after punishment.Blackmon, ''Slavery By Another Name,'' (2008), p. 347 However, it was not established if these practices were in place at the time that Brown sold the mine, or were instituted by the mine's new owner
Joel Hurt Joel Hurt (1850–1926) was an American businessman. He was the president of Trust Company of Georgia, and a developer in Atlanta. He was one of the many founders of SunTrust Bank. Early life Hurt was born on July 31, 1850, in Hurtsboro, Ala ...
.


Death and legacy

Joseph E. Brown died on November 30, 1894, in Atlanta, Georgia. He was honored by lying in state in the state capitol. His tombstone is in Oakland Cemetery. In 1928, a memorial statue of Brown and his wife was installed on the grounds of the
State Capitol This is a list of state and territorial capitols in the United States, the building or complex of buildings from which the government of each U.S. state, the District of Columbia and the organized territories of the United States, exercise its ...
. His son, Joseph Mackey Brown, would also become governor of Georgia (twice). Joseph E. Brown Hall on the campus of the University of Georgia in Athens is named in his honor. The building was completed in 1932. Joseph Emerson Brown Park in Marietta, Georgia is named for him.
Emerson, Georgia Emerson is a city in far southern Bartow County, Georgia, United States, on highways US-41, GA-293, and I-75. The population was 1,470 at the 2010 census, an increase of 34% over the 2000 count of 1,092. Emerson is a gateway to Red Top Mountain ...
, referencing the governor's middle name, is named in his honor.


In fiction

In her novel ''
Gone with the Wind Gone with the Wind most often refers to: * ''Gone with the Wind'' (novel), a 1936 novel by Margaret Mitchell * ''Gone with the Wind'' (film), the 1939 adaptation of the novel Gone with the Wind may also refer to: Music * ''Gone with the Wind'' ...
'',
Margaret Mitchell Margaret Munnerlyn Mitchell (November 8, 1900 – August 16, 1949) was an American novelist and journalist. Mitchell wrote only one novel, published during her lifetime, the American Civil War-era novel '' Gone with the Wind'', for which she wo ...
made reference to Governor Brown, and the reception that "Joe Brown's Pets" received during General Sherman's march through Georgia in 1864. Brown had tried to keep Georgia troops in the state for local defense. Mitchell wrote:


See also

* American Civil War *
Ira Roe Foster Ira Roe Foster (January 9, 1811 – November 19, 1885) was a teacher, medical doctor, attorney, soldier, businessman, and politician from South Carolina. During the 1840s, Foster served as brigadier general in the Georgia Militia. With the ...
- Confederate Quartermaster General of Georgia


References


Bibliography

*Blackmon, Douglas A. ''Slavery by Another Name: The Re-Enslavement of Black Americans from the Civil War to World War II''. New York : Doubleday, 2008. *Fielder, Herbert
''A sketch of the life and times and speeches of Joseph E. Brown''
Springfield, Mass.: Springfield Printing Company, 1883. *Hill, Louise Biles. ''Joseph E. Brown and the Confederacy''. Westport, Conn: Greenwood Press 1972. *Lichtenstein, Alex. ''Twice the Work of Free Labor: The Political Economy of Convict Labor in the New South''. New York: Verso, 1996. *Mancini, Matthew J. ''One Dies, Get Another: Convict Leasing in the American South, 1866-1928''. Columbia: University of South Carolina Press, 1996. *Parks, Joseph Howard. ''Joseph E. Brown of Georgia''. Southern biography series. Baton Rouge: Louisiana State University Press 1977. *Roberts, Derrell C. ''Joseph E. Brown and the politics of Reconstruction''. Southern historical publications, no. 16. University: University of Alabama Press 1973. *Scaife, William R., and William Harris Bragg. ''Joe Brown's pets: the Georgia Militia, 1861-1865''. Macon, Ga: Mercer University Press 2004. *Wright, G. Richard and Kenneth H. Wheeler
"New Men in the Old South: Joseph E. Brown and his Associates in Georgia's Etowah Valley,"
''Georgia Historical Quarterly'' 93:4 (Winter, 2009)


External links

*
Joseph E. Brown (1821-1894), ''New Georgia Encyclopedia''Joseph E. Brown Papers
a
Stuart A. Rose Manuscript, Archives, & Rare Book Library, Emory University

Joseph Emerson Brown letters, W.S. Hoole Special Collections Library, The University of Alabama.Joseph Emerson Brown
historical marker {{DEFAULTSORT:Brown, Joseph E. 1821 births 1894 deaths People from Pickens, South Carolina Baptists from South Carolina Georgia (U.S. state) Democrats Georgia (U.S. state) Republicans Georgia (U.S. state) state senators Governors of Georgia (U.S. state) People of Georgia (U.S. state) in the American Civil War Chief Justices of the Supreme Court of Georgia (U.S. state) Democratic Party United States senators from Georgia (U.S. state) Democratic Party governors of Georgia (U.S. state) Confederate States of America state governors People from Canton, Georgia Georgia (U.S. state) Whigs American slave owners Burials at Oakland Cemetery (Atlanta) American proslavery activists American Fire-Eaters Baptists from Georgia (U.S. state) 19th-century American judges 19th-century Baptists 1856 United States presidential electors United States senators who owned slaves