(This book was originally published prior to 1923, and rep...)
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George Washington Brooks was an American judge remembered for his service as a United States district court judge. He was was a federal judge on the United States District Courts for the Albemarle, Cape Fear, Pamptico Districts of North Carolina.
Background
George Washington Brooks was born on March 16, 1821 at Elizabeth City, North Carolina. His father, William C. Brooks, originally of Gates County, was a prominent merchant and farmer. His mother, Catherine B. Davis of Pasquotank County, was the widow of Captain Hugh Knox before her marriage to Brooks. George W. Brooks was a voracious reader in his youth.
His ancestors, English in origin, migrated from Virginia to North Carolina (Albemarle), late in the seventeenth century.
Education
George Brooks' schooling was obtained at Belvidere Academy in Perquimans County, a Quaker school of some reputation. Later, under difficulties, he studied law, and was licensed to practise in the county courts in 1844 and in the superior courts in 1846.
Career
By 1861 George Brooks had become a considerable owner of lands and slaves, but he believed that slavery was doomed, and throughout the Civil War he was confident that the Federal cause would prevail. In the convention of 1865-66 he again represented his county and spoke bitterly of the trials and tribulations endured by a Southern Union man during the war.
His open allegiance to the Union caused President Johnson to appoint him United States judge of the district of North Carolina, in August 1865; the nomination was duly confirmed by the Senate, January 22, 1866. His conduct of this office until his death was marked by industry and sound judgment.
One incident in his judicial career must be noticed. In the summer of 1870 North Carolina was, and had been for two years, in the throes of reconstruction:--on the one side corruption so brazen as to amount to rapine; on the other, midnight rovers, ministers of "wild justice, " intimidating by their weird symbols and disguises, and flogging here or, if need be, hanging there.
The governor, Holden, declared two counties in a state of insurrection, suspended the writ of habeas corpus, sent troops and had many prominent citizens arrested, and proposed to try them in a military court constituted by himself. The supreme court of the state was appealed to, but its writ was treated with contempt.
The recently adopted Fourteenth Amendment (July 28, 1868) and the Habeas Corpus Act of February 5, 1867 were invoked before Judge Brooks with success, for he issued the writ and as, after notice, no evidence was produced against them, the prisoners were discharged in August 1870, the first instance in which the Amendment was invoked in defense of the personal liberty of a white man.
On 19 August 1870, Colonel George W. Kirk of the state militia presented the prisoners as ordered, and Brooks dismissed them all when Kirk failed to present any evidence to substantiate their continued imprisonment. Upon his return to Elizabeth City, Brooks was welcomed with a public demonstration. He continued to serve as district court judge for the remainder of his life.
Achievements
George Brooks entered his practice almost penniless, but through diligence and faithfulness to his clients' causes, he established a thriving practice and a growing reputation by 1860.
One of his chief achievements came in August 1865, when President Andrew Johnson appointed Brooks federal district court judge for the District of North Carolina; he was confirmed by the Senate in January 1866. During the interval he served as a member of the state constitutional convention, playing an influential role in its deliberations. As the sole district judge in the state during a period of unusual turmoil, he had varied and exceptionally arduous duties.
Another Brooks' achievement was in receiving state-wide attention in 1870 for his role in terminating the Kirk-Holden War.
(This book was originally published prior to 1923, and rep...)
Religion
Brooks was a member of the Methodist Episcopal church and a Master Mason.
Politics
A Whig in politics, Brooks represented his county in the House of Commons in 1852, and by voting with the insurgent element in the Democratic party had a share in preventing the election of a United States senator at that session.
Views
Brooks was elected and served that term but refused reelection. By 1861 he had become convinced of the evil of slavery and favored manumission. He was a slave owner himself but purchased slaves at their own request, to save them from other slave buyers. He opposed secession and remained an avowed but inactive Unionist, spending the Civil War years at his home as a noncombatant.
Personality
A sound lawyer, Brooks was, as a judge, noted for patience, benevolence, and moral courage.
Connections
His industry in his chosen profession soon provided him an adequate income, so he married Margaret Costin, June 20, 1850. They had five children: William, George, Margaret, Sarah, and James, all bearing the middle name Costen.