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.

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 ...

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 Ale ...

, an early Florida politician who would later serve as its U.S. Senator. 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 in ...

. The following year, he became the private secretary of Governor Madison S. Perry. 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 ...

, 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 ...

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 and attained the rank of Captain. 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, 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 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), emancipation (granted freedom a ...

, 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 Unio ...

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. Democratic Party who reside in the Southern United States. Southern Democrats were generally much more conservative than Northern Democrats wi ...

by appointing one of their own to the Court, as it was filled with carpetbagger 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. In 1872, incumbent Republican U.S. Senator Thomas W. Osborn 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 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. In December 1936, Florida State University renamed the Administration Building to the James D. Westcott Jr. Memorial Building.

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