Bushrod Washington

Bushrod Washington (June 5, 1762 – November 26, 1829) was an attorney and politician who served as Associate Justice of the Supreme Court of the United States from 1798 to 1829. On the Supreme Court, he was a staunch ally of Chief Justice John Marshall.

Bushrod Washington
Washington in 1828. Currently in the National Portrait Gallery
Associate Justice of the Supreme Court of the United States
In office
December 20, 1798 – November 26, 1829
Nominated byJohn Adams
Preceded byJames Wilson
Succeeded byHenry Baldwin
Member of the Virginia House of Delegates from Westmoreland County
In office
October 15, 1787 – June 23, 1788
Preceded byDaniel McCarty
Succeeded byWilliam A. Washington
Personal details
Born(1762-06-05)June 5, 1762
Mount Holly, Virginia, British America
DiedNovember 26, 1829(1829-11-26) (aged 67)
Philadelphia, Pennsylvania, U.S.
Political partyFederalist
Spouse(s)Julia Anne (Anna) Blackburn
ParentsJohn Augustine Washington
Hannah Bushrod
RelativesWashington family
EducationCollege of William and Mary (BA)
Bushrod Washington memorial at Mount Vernon (2014)

Washington was a co-founder and president of the American Colonization Society, which promoted the emigration of freed slaves to Africa. The nephew of American founding father and President George Washington, he inherited his uncle's papers and Mount Vernon, taking possession in 1802 after the death of Martha Washington, his uncle's widow.

Early life

Bushrod Washington was born on June 5, 1762, at Bushfield Manor, a plantation home located at Mount Holly in Westmoreland County, Virginia.[1][2] He was a son of John Augustine Washington (1736–1787), the brother of George Washington, and John's wife, Hannah Bushrod (1735–1801).[2][3]

Washington graduated from the College of William & Mary in 1778 and as an alumnus became in 1780 the 41st member of Phi Beta Kappa.[4] After beginning with John Marshall the study of law under George Wythe in 1780, he joined the Continental Army during 1781 and served as a private until 1782.[5][6]

After Bushrod left the army, his father and his uncle, George Washington, sponsored his further legal studies with James Wilson.[7] After concluding his studies with Wilson in April 1784, the young Washington returned to Westmoreland County, married Julia Anne (Anna) Blackburn, and opened a law office.[8] He was in the private practice of law from 1784 to 1798.[5]

Political and judicial career

Washington was elected to the Virginia House of Delegates in 1787.[1] In 1788, he served in the Virginia Ratifying Convention, where he voted for ratification of the US Constitution.[9]

On September 29, 1798, Washington received from President John Adams a recess appointment to the seat on the US Supreme Court vacated by James Wilson after John Marshall had declined the appointment while seeking an elective office.[5][6] Formally nominated on December 18, 1798, Washington was confirmed by the United States Senate on December 20, 1798, and received his commission the same day.[5]

Washington was sworn in as an associate justice on February 4, 1799, at the age of 36.[1] After Marshall became Chief Justice two years later, Washington voted with Marshall on all but three occasions (one being Ogden v. Saunders).[10] Washington served on the Supreme Court until his death in 1829.[5]

While serving on the Marshall Court, Washington authored the opinion of Corfield v. Coryell, 6 Fed. Cas. 546 (C.C.E.D. Penn. 1823), while riding circuit as an Associate Justice.[11] In Corfield, Washington listed several rights that he deemed were fundamental "privileges and immunities of citizens in the several States."[12]

Residences

Around 1795, Washington purchased Belvidere, the former Richmond estate of William Byrd III. He relinquished Belvidere upon his appointment to the Supreme Court in 1798.[13]

Upon his aunt Martha Washington's death in 1802, Bushrod Washington inherited all of his uncle George Washington's papers as well the largest part of his estate, including the Mount Vernon plantation, as bequeathed in his uncle's will.[14] By George Washington's will, George's slaves were to be freed after his wife Martha died, as she had the use of them during her lifetime.[15] However, Martha freed the slaves before her death in an 1800 deed of manumission.[15]

When Bushrod Washington and his wife moved to Mount Vernon immediately after Martha's death, he brought his own slaves there.[1][16] The estate had not included much cash, and Washington found that he was unable to support the upkeep of the plantation's mansion on the proceeds from the property and his Supreme Court salary.[17]

As a result, the mansion deteriorated while he lived there.[18][19] As his farms were not profitable, Washington sold many of his slaves to gain working capital to support the main house and property.[17]

Society memberships

Washington was elected to membership in the American Antiquarian Society in 1813, a year after the Society's founding in 1812.[20] In 1816, he became a founding member of the American Colonization Society (ACS), which promoted the repatriation to Africa of slaves who had been freed in preparation for transport there.[18] Washington became the Society's first president and held that position for the remainder of his life.[18]

Washington's sales of slaves to support the upkeep of Mount Vernon angered abolitionists, who questioned why the ACS president could not set an example by freeing his slaves, as had his uncle George Washington.[17][18] They believed that he should have sent his freed slaves to Liberia.[17]

Death and interment
Washington family tomb at Mount Vernon in 2014. Bushrod Washington's remains are interred in a vault at the rear of the tomb. His memorial is the obelisk at the right side of the photograph.

Washington died in Philadelphia, Pennsylvania, on November 26, 1829, while riding circuit.[1][5] His wife died two days later while transporting his body for burial.[1][21] Both are interred in a vault within the Washington family tomb at Mount Vernon.[21] An obelisk erected in front of the tomb memorializes Bushrod and his wife.[21][22]

Coat of arms of the Washington family.

Legacy and honors

Because of his role in the ACS and his assistance in founding the Republic of Liberia, Bushrod Island near the national capital of Monrovia was named for him.[23]

See also
  • List of Justices of the United States Supreme Court

Notes
  1. "Bushrod Washington". Oyez: U.S. Supreme Court Multimedia. Jerry Goldman. Retrieved October 25, 2020. Archived January 13, 2016, at the Wayback Machine.
  2. Wayland, John Walter (1944). The Washingtons and Their Homes. Baltimore, Maryland: Clearfield. p. 125. ISBN 0806347759. OCLC 39055916 – via Google Books.
  3. (1) "Hannah Bushrod". Ancestry. 2016. Retrieved January 22, 2016. Archived January 23, 2016, at the Wayback Machine.
    (2) "George Washington's Family Chart". Mount Vernon Ladies' Association. Retrieved January 22, 2016. Archived July 17, 2011, at the Wayback Machine.
  4. (1) Vorhees, Oscar M., ed. (1919). "The Phi Beta Kappa Key: The Official Publication of the United Chapters of Phi Beta Kappa". 4 (1). Somerville, New Jersey: Unionist-Gazette: 112–113 – via Google Books. Cite journal requires |journal= (help)
    (2) Smith, Jean Edward (1996). John Marshall: Definer of a Nation. New York: Henry Holt and Company. p. 554. ISBN 9781466862319. OCLC 874903389 – via Google Books.
  5. "Washington, Bushrod". History of the Federal Judiciary: Biographical Directory of Federal Judges. Federal Judicial Center. Retrieved October 25, 2020. Archived October 17, 2020, at the Wayback Machine.
  6. Hall, Timothy L. (2001). Bushrod Washington. Supreme Court Justices: A Biographical Dictionary. New York: Facts on File, Inc. pp. 39–42. ISBN 9781438108179. OCLC 234179292 – via Google Books.
  7. Fister, Jude M. (2014). America Writes Its History, 1650-1850: The Formation of a National Narrative. Jefferson, North Carolina: McFarland and Company, Inc. pp. 120–121. ISBN 978-0-7864-7921-4. OCLC 859384941 – via Google Books.
  8. Fister, Jude M. (2014). America Writes Its History, 1650-1850: The Formation of a National Narrative. Jefferson, North Carolina: McFarland and Company, Inc. p. 122. ISBN 978-0-7864-7921-4. OCLC 859384941 – via Google Books.
  9. Grigsby, Hugh Blair (1890). Brock, R.A. (ed.). The History of the Virginia Federal Convention of 1788 With Some Account of the Eminent Virginians of that Era who were Members of the Body. Collections of the Virginia Historical Society. New Series. Volume IX. 1. Richmond, Virginia: Virginia Historical Society. pp. 344–346. OCLC 41680515 – via Google Books.
  10. Cushman, Clare: Supreme Court Historical Society, ed. (2013). Bushrod Washington. The Supreme Court Justices: Illustrated Biographies, 1789–2012 (3rd ed.). CQ Press, an imprint of SAGE Publications. p. 47. ISBN 9781608718320. OCLC 832697340 – via Google Books.
  11. Thayer, James Bradley (1894). Cases on constitutional law: With notes, Part 2. C.W. Sever. pp. 453–56 – via Google Books.
  12. "All Privileges and Immunities of Citizens in the Several States". Justia: US Law. 2015. Retrieved December 29, 2015. Archived September 8, 2015, at the Wayback Machine.
  13. Dabney, Virginius (1990). Richmond: The Story of a City: Revised and Expanded Edition. Charlottesville, Virginia: University Press of Virginia. p. 19. ISBN 0813912741. OCLC 20263021 – via Google Books.
  14. (1) Fister, Jude M. (2014). America Writes Its History, 1650-1850: The Formation of a National Narrative. Jefferson, North Carolina: McFarland and Company, Inc. p. 90. ISBN 978-0-7864-7921-4. OCLC 859384941 – via Google Books.
    (2) Lossing, Benson J. (1870). "The Home of Washington; Or, Mount Vernon and Its Associations, Historical, Biographical, and Pictorial". Hartford, Connecticut: A.S. Hale & Company. p. 350. OCLC 1593086 – via Google Books.
    (3) Washington, George. "George Washington's Last Will and Testament, 9 July 1799". Founders Online. National Archives. Retrieved October 25, 2020. To my nephew Bushrod Washington, I give and bequeath all the Papers in my possession which relate to my Civil and Military Administration of the affairs of this Country; I leave to him also such of my private papers as are worth preserving; and at the decease of my wife, and before; if she is not inclined to retain them, I give and bequeath my Library of books, and pamphlets of every kind. ..... To my nephew Bushrod Washington and his heirs (partly in consideration of an intimation to his deceased father, while we were Bachelors, & he had kindly undertaken to superintend my Estate during my Military Services in the former War between Great Britain and France, that if I should fall therein, Mount Vernon (then less extensive in domain than at present) should become his property) I give and bequeath all that part thereof which is comprehended within the following limits, .... Archived October 22, 2020, at the Wayback Machine. [Original source: Abbot, W. W., ed. (1999). The Papers of George Washington. Retirement Series. 4: 20 April 1799 — 13 December 1799. Charlottesville, Virginia: University Press of Virginia. pp. 479–511. ISBN 0813918553. LCCN 97006770. OCLC 985598820.]
    (4) "George Washington's Last Will and Testament" (Manuscript). The Papers of George Washington. Charlottesville, Virginia: University of Virginia: washingtonpapers.org. July 9, 1799. pp. 14, 19, 20, 21. Retrieved October 25, 2020. Archived October 26, 2020, at the Wayback Machine.
    (5) Smith, M. Earl. "Bushrod Washington". Digital Encyclopedia. Mount Vernon, Virginia: George Washington's Mount Vernon. Retrieved November 16, 2016. Archived November 16, 2016, at the Wayback Machine.
  15. (1) "George Washington and Slavery". George Washington's Mount Vernon: Digital Encyclopedia. Mount Vernon Ladies' Association. 2015. Retrieved November 30, 2015. Archived September 5, 2015, at the Wayback Machine.
    (2) Washington, George (July 9, 1799). "The Last Will & Testament of George Washington" (PDF). Research Triangle Park, North Carolina: National Humanities Center. Retrieved October 25, 2020. Upon the decease of my wife, it is my Will & desire that all the Slaves which I hold in my own right, shall receive their freedom. Archived November 26, 2019, at the Wayback Machine. [Source: Abbot, W. W., ed. (1999). The Papers of George Washington. Retirement Series. 4: 20 April 1799 — 13 December 1799. Charlottesville, Virginia: University Press of Virginia. pp. 479–511. ISBN 0813918553. LCCN 97006770. OCLC 985598820.]
  16. Lossing, Benson J. (1870). "The Home of Washington; Or, Mount Vernon and Its Associations, Historical, Biographical, and Pictorial". Hartford, Connecticut: A.S. Hale & Company. p. 351. OCLC 1593086 – via Google Books.
  17. Fister, Jude M. (2014). America Writes Its History, 1650-1850: The Formation of a National Narrative. Jefferson, North Carolina: McFarland and Company, Inc. p. 124. ISBN 978-0-7864-7921-4. OCLC 859384941 – via Google Books.
  18. Dunne, Gerald. "Bushrod Washington and The Mount Vernon Slaves". 1980 Yearbook. Supreme Court Historical Society. Archived from the original on October 9, 2002. Retrieved November 30, 2015..
  19. "The Formation of the Mount Vernon Ladies' Association and the Dramatic Rescue of George Washington's Estate". Mount Vernon Ladies' Association. Archived from the original on December 29, 2008. Retrieved November 23, 2015.
  20. "Members". Worcester, Massachusetts: American Antiquarian Society. 2020. Retrieved October 25, 2020. Archived July 28, 2020, at the Wayback Machine.
  21. "Burials at Mount Vernon". Digital Encyclopedia. Mount Vernon, Virginia: George Washington's Mount Vernon. Retrieved December 28, 2015. Archived November 21, 2015, at the Wayback Machine.
  22. (1) "Tomb". Digital Encyclopedia. Mount Vernon, Virginia: George Washington's Mount Vernon. Retrieved October 25, 2020. The marble shafts in front of the Tomb were erected to the memory of Bushrod Washington and his nephew, John Augustine Washington, who in turn were proprietors of Mount Vernon. They are buried in the inner vault. Archived October 2, 2019, at the Wayback Machine.
    (2) "Washington Family Tomb at Mount Vernon". Original Information from Volume 5 of the Gravestone Books. Merrifield, Virginia: Fairfax Genealogical Society. 2016. Retrieved November 16, 2016. Two large marble obelisks which stand in front of the new vault were erected as memorials to the private owners of Mount Vernon after George Washington's death. Both shafts were carved by "A. Gaddis Fecit. Balto": Within the vault Lie buried the mortal remains of Bushrod Washington, An associate Justice, of the Supreme Court of the U. S. He died in Philadelphia, Nov'r 26th 1829; Aged 68 By his side is interred his devoted Wife Anna Blackburn, Who survived her beloved Husband but two days. Aged 60. Judge Washington. Was the Son of John Augustine Washington and the Nephew of Genl George Washington, Who appointed him one of his Executors. And bequeathed him Mount Vernon. As a Judge he was Wise and Just. "A man of Truth, hating covetousness." Firm in every honourable purpose and pursuit, Yet gentle humane and condescending. A sincere Christian, Doing in all things the will of his Master, And resting his hope of eternal happiness, []ove on the righteousness of Jesus Christ. This humble Monument to the memory of the venerated Judge and his beloved Wife Is placed here by her Niece the Widow of his nephew. John A. Washington. .... Archived November 16, 2016, at the Wayback Machine.
  23. Starr, Frederick (1913). Liberia: description, history, problems. Chicago: Frederick Starr. p. 9. ISBN 9780598450234. OCLC 6791808 – via Google Books.

Further reading
Legal offices
Preceded by
James Wilson		 Associate Justice of the Supreme Court of the United States
1798–1829		 Succeeded by
Henry Baldwin
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