Background
James Keith was born on September 7, 1839 near Warrenton, Fauquier County, Virginia, United States, of aristocratic Virginian stock, son of Isham and Juliet Chilton Keith.
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James Keith was born on September 7, 1839 near Warrenton, Fauquier County, Virginia, United States, of aristocratic Virginian stock, son of Isham and Juliet Chilton Keith.
Keith's early education, enriched by extensive reading under his mother's guidance, was acquired under private tutors, after which he studied law under Professor John B. Minor at the University of Virginia, and on July 31, 1860, he was admitted to the bar.
During the American Civil War, Keith enlisted as a private in the Black Horse Troop (subsequently Company H, 4th Virginia Cavalry); from December 1863, served as adjutant of the regiment; and fought through the day of Lee's surrender. Always of large frame and striking appearance, in the army he developed from an inactive and delicate youth into a man of powerful bodily vigor.
Resuming his legal studies, he soon formed a partnership with the celebrated cavalry leader, John S. Mosby, which continued until 1869 when Keith was elected to the state legislature. His abilities and character so impressed his colleagues that before the end of his first session the Assembly made him judge of the eleventh judicial circuit. He continued in this office, earning recognition as a competent and impartial jurist, disposing of a great mass of litigation, and winning the respectful confidence and esteem of the bar, until January 1, 1895, when he became a member of the Virginia supreme court of appeals.
Shortly before this he had performed valuable, if unheralded, service as unofficial member of the Olcott Committee, formed to settle the state debt. When the court organized, Keith was elected its president and so remained until he retired in June 1916. A year later he published his only volume, Addresses on Several Occasions.
James Keith was distinguished for his service in the state legislature and judicial system of the United States. During his long tenure in the appellate court, Keith delivered the court's opinion in a surprisingly large number of cases, a summary of the most conspicuous of which opinions have been published.
Keith was fearless and strict in enforcing the law: while vigilant to guard and preserve the rights of the accused, he permitted neither technicalities nor sentiment to impede or defeat justice, recognizing that the pardoning power belongs to the executive and not to the judiciary. His vigorous mind possessed much of the same sound discretion in the application of theoretical principles that characterized his kinsman, John Marshall. His calm consideration of facts, patient hearing, and integrity of purpose combined with his mental gifts gave him the great benefits in his practice.
Quotes from others about the person
"Not one of the great Virginia judges that preceded him contributed more to the wealth of the jurisprudence of the state than did he. "
Keith married, first, in 1873, Lillias Gordon Morson, daughter of Arthur Alexander Morson, of Richmond. After her death he married, in 1887, her sister, Frances Barksdale Morson.
