John W. Brockenbrough
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John White Brockenbrough (December 23, 1806 – February 20, 1877) was a
Virginia Virginia, officially the Commonwealth of Virginia, is a state in the Mid-Atlantic and Southeastern regions of the United States, between the Atlantic Coast and the Appalachian Mountains. The geography and climate of the Commonwealth ar ...
attorney, law professor, U.S. District Judge of the United States District Court for the Western District of Virginia, and Confederate States congressman and district judge.Lyon Gardiner Tyler, Encyclopedia of Virginia Biography (1915), Vol 3, p. 39


Early life and education

Born on December 23, 1806, in
Hanover County Hanover County is a county in the Commonwealth of Virginia. As of the 2020 census, the population was 109,979. Its county seat is Hanover Courthouse. Hanover County is a part of the Greater Richmond Region. History Located in the wester ...
,
Virginia Virginia, officially the Commonwealth of Virginia, is a state in the Mid-Atlantic and Southeastern regions of the United States, between the Atlantic Coast and the Appalachian Mountains. The geography and climate of the Commonwealth ar ...
to Judith and William Brockenbrough, both descended from the
First Families of Virginia First Families of Virginia (FFV) were those families in Colonial Virginia who were socially prominent and wealthy, but not necessarily the earliest settlers. They descended from English colonists who primarily settled at Jamestown, Williamsbur ...
. Brockenbrough attended He attended the
College of William and Mary The College of William & Mary (officially The College of William and Mary in Virginia, abbreviated as William & Mary, W&M) is a public research university in Williamsburg, Virginia. Founded in 1693 by letters patent issued by King William III ...
from 1824-1825. He then traveled to Winchester
Winchester Law School Winchester Law School was a privately run institution for legal education. Operated by Henry St. George Tucker Sr., it was open from 1824 to 1831. History In 1824 Henry Tucker was named Chancellor of the Equity Court of the Fourth District, w ...
, studying under Henry St. George Tucker Sr. Others studying with Tucker at that time included
William L. Goggin William Leftwich Goggin (May 31, 1807 – January 3, 1870) was a nineteenth-century Whig politician and lawyer from Virginia. Early and family life Born near Bunker Hill in southern Bedford County, Virginia, to Mary Otey Leftwich (1789-1854 ...
and Henry A. Wise. His sister Judith White Brockenbrough McGuire would later write ''Diary of a Southern Refugee, During the War, By a Lady of Virginia''. He was a first cousin of
William Henry Brockenbrough William Henry Brockenbrough (February 23, 1812 – January 28, 1850) was a U.S. Representative from Florida from 1846 to 1847, and a United States District attorney from 1841 to 1843.The People of Florida Lawmaking He served in the Legislative ...
.


Career

Brockenbrough was admitted to the Virginia bar and began a private practice in Hanover County until 1834. He served as a commonwealth's attorney for Hanover County. He continued private practice in Rockbridge County, Virginia starting in 1834. He was editor of the ''Lexington Valley Star'' in Rockbridge County. In 1837, he published two volumes of reports, containing the decisions of John Marshall's federal circuit court opinions.


Federal judicial service

Brockenbrough was nominated by President
James K. Polk James Knox Polk (November 2, 1795 – June 15, 1849) was the 11th president of the United States, serving from 1845 to 1849. He previously was the 13th speaker of the House of Representatives (1835–1839) and ninth governor of Tennessee (183 ...
on December 23, 1845, to a seat on the United States District Court for the Western District of Virginia vacated by Judge Isaac S. Pennybacker. He was confirmed by the
United States Senate 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 pow ...
on January 14, 1846, and received his commission the same day. His service terminated on May 4, 1861, due to his resignation. He was succeeded by Judge
John Jay Jackson Jr. John Jay Jackson Jr. (August 4, 1824 – September 2, 1907) was an American lawyer, Whig party (United States), Whig politician, United States federal judge, United States District Judge (initially of the United States District Court for the Weste ...


Other service

Concurrent with his federal judicial service, Brockenbrough was the founder and a Professor of law for Lexington Law School (now the
Washington and Lee University School of Law The Washington and Lee University School of Law (W&L Law) is the professional graduate law school of Washington and Lee University. It is a private American Bar Association-accredited law school located in Lexington in the Shenandoah Valley regi ...
) in Lexington, Virginia from 1849 to 1861. His law students included John J. Davis, John Goode and Robert Murphy Mayo. In his introductory address to the first class of incoming students, Brockenbrough offered this advice:
Sooner or later the occasion will arise when you will appear before the dread tribunal of the public. Let us suppose that the time for the trial of your strength has now arrived. You are called to participate in the management of a cause which excites a profound public interest. A natural curiosity is felt to hear the maiden speech of the young lawyer! People have scarcely yet learned to look upon you as a man. Little is therefore expected of you, but you have had time for preparation, and you have used it well. You have anticipated every possible phase which the case can assume, and you are ready with your authorities to sustain all your positions. The eager crowd closes around you. They listen with surprised delight at the display of your learning and ingenuity, now enraptured with your splendid bursts of indignant eloquence, now melted into pity by some master stroke of touching pathos. With what a greedy ear they drink in those "words that burn, those thoughts that breathe!" You sit down overpowered by your own emotion. An audible murmer of approbation runs through that delighted throng! The cause is ended, the victory is won! Clients now pour in upon you, who before had none. You have made a great impression. Your reputation is now established on a firm basis, and the voice of hissing envy shall not retard your onward march. My friends, this is no fancy sketch. We are told by Mr. Butler in his "Reminiscences," that a celebrated English lawyer of the last century had said, that so sudden was his rise at the Bar, that he never knew the difference between having no income at all, and one of £3,000 sterling a year. A single great speech had established his reputation on an imperishable foundation. Who shall say that a like brilliant destiny may not be reserved for some of you, in the unwritten history of the future?
In 1852, Brockenbrough was elected to the board of trustees of what is now
Washington and Lee University , mottoeng = "Not Unmindful of the Future" , established = , type = Private liberal arts university , academic_affiliations = , endowment = $2.092 billion (2021) , president = William C. Dudley , provost = Lena Hill , city = Lexington ...
(then Washington College), which had previously honored him with a Doctor of Laws degree in 1851.


Peace conference

Along with
John Tyler John Tyler (March 29, 1790 – January 18, 1862) was the tenth president of the United States, serving from 1841 to 1845, after briefly holding office as the tenth vice president in 1841. He was elected vice president on the 1840 Whig tick ...
,
William C. Rives William Cabell Rives (May 4, 1793April 25, 1868) was an American lawyer, planter, politician and diplomat from Virginia. Initially a Jacksonian democracy, Jackson Democrat as well as member of the First Families of Virginia, Rives served in the Vi ...
, James Seddon, and
George W. Summers George William Summers (March 4, 1804 – September 19, 1868) was an attorney, politician, and judge from Virginia (and what became West Virginia during the American Civil War). Early and family life Summers was born in Fairfax County, Virginia ...
, Brockenbrough represented Virginia at the
peace conference of 1861 The Peace Conference of 1861 was a meeting of 131 leading American politicians in February 1861, at the Willard's Hotel in Washington, D.C., on the eve of the American Civil War. The purpose of the conference was to avoid, if possible, the seces ...
.


Civil War

Following his resignation from the federal bench, Brockenbrough became one of Virginia's delegates to the
Provisional Congress of the Confederate States The Provisional Congress of the Confederate States, also known as the Provisional Congress of the Confederate States of America, was a congress of Deputy (legislator), deputies and Delegate (American politics), delegates called together from th ...
from 1861 to 1862. He was a Judge of the Confederate District Court for the Western District of Virginia starting in 1862.


Postwar teaching career

Brockenbrought was a Professor of law for the Washington College Law School (now the Washington and Lee University School of Law) in Lexington from 1866 to 1873. As Rector of Washington College from 1865 to 1872, he was the one to approach Robert E. Lee with the trustees' proposal to make Lee President of the College. In 1866, Lee as President of Washington College invited Brockenbrough to merge his Lexington Law School with Washington College, and continue to teach as Professor of Law and Equity. In 1870, John Randolph Tucker, son of Henry St. George Tucker Sr., was hired to teach law along with Brockenbrough. In 1868, Brockenbrough was a member of a five-man committee in Lexington which called for "a White Man's party, based on the single principal icthat the white man alone has the right to vote." Brockenbrough resigned in 1873, in a dispute over salary. He resumed private practice in Lexington from 1873 to 1877.


Personal life

Brockenbrough married Mary C. Bowyer of Lexington, Virginia and they had children.


Death and legacy

Brockenbrough died on February 20, 1877, in Lexington.


References


Sources

*
Judge John White Brockenbrough Founder of Washington and Lee Law School
* Hon. Armistead M. Dobie, "Federal District Judges in Virginia before the Civil War," 12 F.R.D. 451 (1951,1952) (viewed on Westlaw) {{DEFAULTSORT:Brockenbrough, John White 1806 births 1877 deaths Virginia lawyers Judges of the United States District Court for the Western District of Virginia Judges of the Confederate States of America United States federal judges appointed by James K. Polk 19th-century American judges College of William & Mary alumni University of Virginia alumni Washington and Lee University School of Law faculty Washington and Lee University trustees People from Hanover County, Virginia Founders of educational institutions Brockenbrough family of Virginia People from Lexington, Virginia Winchester Law School alumni