Background
Jacob Brinkerhoff was born on August 31, 1810 at Niles, New York and was the eldest son of Henry I. Brinkerhoff and Rachel Bevier, the father a member of an old Dutch family of New York, the mother of Huguenot ancestry.
Jacob Brinkerhoff was born on August 31, 1810 at Niles, New York and was the eldest son of Henry I. Brinkerhoff and Rachel Bevier, the father a member of an old Dutch family of New York, the mother of Huguenot ancestry.
Jacob attended the public schools of his native town and the academy of Prattsburg, New York. He studied law for two years in a law office in Bath, New York.
In 1836 Jacob Brinkerhoff moved to Mansfield, Ohio, where he began the practise of law. His public life consisted of two terms as prosecutor of Richland County, two terms as a Democratic member of the House of Representatives (1843 - 47), and three terms in the supreme court of Ohio (1856 - 71).
He proposed an amendment to the joint resolution for the annexation of Texas, providing that, "as a fundamental condition, the existence of slavery shall be forever prohibited in one-half of all the annexed territory". This amendment failing, Brinkerhoff voted against the resolution. On the Oregon question he defended the claim of the United States to the whole territory.
The facts in his contention of twenty years later that he was the author of the Wilmot Proviso are shrouded in some doubt. It is quite possible that he may have suggested to Wilmot in part or in entirety the particular verbal form of the proposed amendment.
The Proviso attached to the Two Million Bill in Wilmot's handwriting is in the Manuscript Division of the Library of Congress. Brinkerhoff's alleged original draft, the evidence for his part, has unfortunately been lost. Brinkerhoff again became a conspicuous opponent of slavery when the Oberlin rescue cases came before the supreme court of Ohio, 1859.
The court sustained the Fugitive Slave Law, the vote of the judges being three to two. Brinkerhoff wrote a dissenting opinion, falling back upon the strict construction theory, and so denying to Congress the power to legislate upon the subject of fugitives from labor. Through the period of the slavery controversy Brinkerhoff passed from the ranks of the anti-slavery Democrats to the Free-Soil party and then to the Republican party.
After his term, he was a justice of the Supreme Court of Ohio, (1856-71) and practiced law until his death at age 69.
He died in Mansfield, and was buried in Mansfield Cemetery.
Through the period of the slavery controversy Brinkerhoff passed from the ranks of the anti-slavery Democrats to the Free-Soil party and then to the Republican party. In 1872 he strongly indorsed the Liberal Republican movement.
Quotations:
"We do not want war, " he exclaimed, "but if we must have it, we would a great deal rather fight Great Britain than some other Powers, for we do not love her".
He stated regarding the amendment that "as a fundamental condition, the existence of slavery shall be forever prohibited in one-half of all the annexed territory".
Little is known of his personal traits or his private life. He had a local reputation as a public speaker of more than average ability, quick at repartee, having read much and possessing a remarkable memory.
Brinkerhoff was twice married: to Caroline Campbell of Lodi, New York, and after her death, to Marion Titus of Detroit.