Henry Billings Brown
Encyclopedia
Henry Billings Brown was an associate justice of the Supreme Court of the United States
from January 5, 1891, to May 28, 1906. He was the author of the opinion for the Court in Plessy v. Ferguson
, a decision that upheld the legality of racial segregation
in public transport
ation.
merchant family. He graduated from Yale
in 1856, and received basic legal training at Yale and at Harvard
, although he did not earn a law degree. His early law practice was in Detroit
, where he specialized in admiralty law
(shipping law on the Great Lakes
). Brown hired a substitute to take his place in the Union Army during the Civil War
, and served as United States Attorney
.
In 1864, Brown married Caroline Pitts, the daughter of a wealthy Detroit lumberman; they had no children.
Brown kept diaries from his college days until his appointment as a federal judge in 1875. Now held in the Burton Historical Collection of the Detroit Public Library
, they suggest that Brown was personally likeable (if ambitious), depressed
and often full of doubt about himself.
On March 17, 1875, Brown was nominated by President Ulysses Grant to a seat on the United States District Court for the Eastern District of Michigan
vacated by John Wesley Longyear. Brown was confirmed by the United States Senate
on March 19, 1875, and received his commission the same day. He edited a collection of rulings and orders in important admiralty cases from inland waters, which is still used as a reference in Black's Law Dictionary
.
He compiled a case book on admiralty law for his lectures at Georgetown University. Brown taught admiralty law classes at the University of Michigan.
President
Benjamin Harrison
appointed Brown, a Republican
, to the U.S. Supreme Court on December 23, 1890, to a seat vacated by Samuel F. Miller
. Brown was confirmed by the United States Senate on December 29, 1890, and received his commission the same day. His service to the Eastern District of Michigan officially ended on December 30, 1890.
In 1891, he paid $25,000 for land at 1720 16th Street, NW, in Washington, D.C.
, to the Riggs
family, hired architect William Henry Miller
, and built a five-story, 18-room mansion for $40,000. He would lived in this house, today known as the Toutorsky Mansion
, until his death.
As a jurist, Brown was against government intervention in business, and concurred with the majority opinion in Lochner v. New York
striking down a limitation on maximum working hours. He did support the federal income tax
in Pollock v. Farmers' Loan & Trust Co.
(1895).
Brown is perhaps best-known for the 1896 decision in Plessy v. Ferguson
, in which he wrote the majority opinion - upholding the principle and legitimacy of "separate but equal" facilities for American blacks and whites.
Caroline died in 1901; three years later, Brown married a close friend of hers, the widow Josephine E. Tyler.
Near the end of his years on the Court he largely lost his eyesight. Brown retired from the Court May 28, 1906.
He died of heart failure. Brown is buried in Elmwood Cemetery
in Detroit.
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
from January 5, 1891, to May 28, 1906. He was the author of the opinion for the Court in Plessy v. Ferguson
Plessy v. Ferguson
Plessy v. Ferguson, 163 U.S. 537 , is a landmark United States Supreme Court decision in the jurisprudence of the United States, upholding the constitutionality of state laws requiring racial segregation in private businesses , under the doctrine of "separate but equal".The decision was handed...
, a decision that upheld the legality of racial segregation
Racial segregation
Racial segregation is the separation of humans into racial groups in daily life. It may apply to activities such as eating in a restaurant, drinking from a water fountain, using a public toilet, attending school, going to the movies, or in the rental or purchase of a home...
in public transport
Public transport
Public transport is a shared passenger transportation service which is available for use by the general public, as distinct from modes such as taxicab, car pooling or hired buses which are not shared by strangers without private arrangement.Public transport modes include buses, trolleybuses, trams...
ation.
Life and work
Brown grew up in a New EnglandNew England
New England is a region in the northeastern corner of the United States consisting of the six states of Maine, New Hampshire, Vermont, Massachusetts, Rhode Island, and Connecticut...
merchant family. He graduated from Yale
Yale College
Yale College was the official name of Yale University from 1718 to 1887. The name now refers to the undergraduate part of the university. Each undergraduate student is assigned to one of 12 residential colleges.-Residential colleges:...
in 1856, and received basic legal training at Yale and at Harvard
Harvard University
Harvard University is a private Ivy League university located in Cambridge, Massachusetts, United States, established in 1636 by the Massachusetts legislature. Harvard is the oldest institution of higher learning in the United States and the first corporation chartered in the country...
, although he did not earn a law degree. His early law practice was in Detroit
Detroit, Michigan
Detroit is the major city among the primary cultural, financial, and transportation centers in the Metro Detroit area, a region of 5.2 million people. As the seat of Wayne County, the city of Detroit is the largest city in the U.S. state of Michigan and serves as a major port on the Detroit River...
, where he specialized in admiralty law
Admiralty law
Admiralty law is a distinct body of law which governs maritime questions and offenses. It is a body of both domestic law governing maritime activities, and private international law governing the relationships between private entities which operate vessels on the oceans...
(shipping law on the Great Lakes
Great Lakes
The Great Lakes are a collection of freshwater lakes located in northeastern North America, on the Canada – United States border. Consisting of Lakes Superior, Michigan, Huron, Erie, and Ontario, they form the largest group of freshwater lakes on Earth by total surface, coming in second by volume...
). Brown hired a substitute to take his place in the Union Army during the Civil War
American Civil War
The American Civil War was a civil war fought in the United States of America. In response to the election of Abraham Lincoln as President of the United States, 11 southern slave states declared their secession from the United States and formed the Confederate States of America ; the other 25...
, and served as United States Attorney
United States Attorney
United States Attorneys represent the United States federal government in United States district court and United States court of appeals. There are 93 U.S. Attorneys stationed throughout the United States, Puerto Rico, the U.S. Virgin Islands, Guam, and the Northern Mariana Islands...
.
In 1864, Brown married Caroline Pitts, the daughter of a wealthy Detroit lumberman; they had no children.
Brown kept diaries from his college days until his appointment as a federal judge in 1875. Now held in the Burton Historical Collection of the Detroit Public Library
Detroit Public Library
The Detroit Public Library is the second largest library system in Michigan by volumes held , and is the 20th largest library system in the United States. It is composed of a Main Library on Woodward Avenue, which houses DPL administration offices, and twenty-three branch locations across the city...
, they suggest that Brown was personally likeable (if ambitious), depressed
Depression (mood)
Depression is a state of low mood and aversion to activity that can affect a person's thoughts, behaviour, feelings and physical well-being. Depressed people may feel sad, anxious, empty, hopeless, helpless, worthless, guilty, irritable, or restless...
and often full of doubt about himself.
On March 17, 1875, Brown was nominated by President Ulysses Grant to a seat on the United States District Court for the Eastern District of Michigan
United States District Court for the Eastern District of Michigan
The United States District Court for the Eastern District of Michigan is the Federal district court with jurisdiction over of the eastern portion of the state of Michigan. The Court is based in Detroit, with courthouses also located in Ann Arbor, Bay City, Flint, and Port Huron...
vacated by John Wesley Longyear. Brown was confirmed by the United States Senate
United States Senate
The United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each...
on March 19, 1875, and received his commission the same day. He edited a collection of rulings and orders in important admiralty cases from inland waters, which is still used as a reference in Black's Law Dictionary
Black's Law Dictionary
Black's Law Dictionary is the most widely used law dictionary in the United States. It was founded by Henry Campbell Black. It is the reference of choice for definitions in legal briefs and court opinions and has been cited as a secondary legal authority in many U.S...
.
He compiled a case book on admiralty law for his lectures at Georgetown University. Brown taught admiralty law classes at the University of Michigan.
President
President of the United States
The President of the United States of America is the head of state and head of government of the United States. The president leads the executive branch of the federal government and is the commander-in-chief of the United States Armed Forces....
Benjamin Harrison
Benjamin Harrison
Benjamin Harrison was the 23rd President of the United States . Harrison, a grandson of President William Henry Harrison, was born in North Bend, Ohio, and moved to Indianapolis, Indiana at age 21, eventually becoming a prominent politician there...
appointed Brown, a Republican
Republican Party (United States)
The Republican Party is one of the two major contemporary political parties in the United States, along with the Democratic Party. Founded by anti-slavery expansion activists in 1854, it is often called the GOP . The party's platform generally reflects American conservatism in the U.S...
, to the U.S. Supreme Court on December 23, 1890, to a seat vacated by Samuel F. Miller
Samuel Freeman Miller
Samuel Freeman Miller was an associate justice of the United States Supreme Court from 1862–1890. He was a physician and lawyer.-Early life and education:...
. Brown was confirmed by the United States Senate on December 29, 1890, and received his commission the same day. His service to the Eastern District of Michigan officially ended on December 30, 1890.
In 1891, he paid $25,000 for land at 1720 16th Street, NW, in Washington, D.C.
Washington, D.C.
Washington, D.C., formally the District of Columbia and commonly referred to as Washington, "the District", or simply D.C., is the capital of the United States. On July 16, 1790, the United States Congress approved the creation of a permanent national capital as permitted by the U.S. Constitution....
, to the Riggs
George Washington Riggs
George Washington Riggs was an American businessman and banker. He was known as "The President's Banker."- Life and work :...
family, hired architect William Henry Miller
William Henry Miller (architect)
William Henry Miller was an American architect and the first graduate of the architecture school at Cornell University in Ithaca, New York.Born in 1848 in Trenton, New York, Miller graduated from Cornell in 1872...
, and built a five-story, 18-room mansion for $40,000. He would lived in this house, today known as the Toutorsky Mansion
Toutorsky Mansion
The Toutorsky Mansion is a five-story, 18-room house located at 1720 16th Street, NW in the Dupont Circle neighborhood of Washington, D.C.The mansion was completed in 1894 for U.S...
, until his death.
As a jurist, Brown was against government intervention in business, and concurred with the majority opinion in Lochner v. New York
Lochner v. New York
Lochner vs. New York, , was a landmark United States Supreme Court case that held a "liberty of contract" was implicit in the due process clause of the Fourteenth Amendment. The case involved a New York law that limited the number of hours that a baker could work each day to ten, and limited the...
striking down a limitation on maximum working hours. He did support the federal income tax
Income tax in the United States
In the United States, a tax is imposed on income by the Federal, most states, and many local governments. The income tax is determined by applying a tax rate, which may increase as income increases, to taxable income as defined. Individuals and corporations are directly taxable, and estates and...
in Pollock v. Farmers' Loan & Trust Co.
Pollock v. Farmers' Loan & Trust Co.
Pollock v. Farmers' Loan & Trust Company, , aff'd on reh'g, , with a ruling of 5–4, was a landmark case in which the Supreme Court of the United States ruled that the unapportioned income taxes on interest, dividends and rents imposed by the Income Tax Act of 1894 were, in effect, direct taxes, and...
(1895).
Brown is perhaps best-known for the 1896 decision in Plessy v. Ferguson
Plessy v. Ferguson
Plessy v. Ferguson, 163 U.S. 537 , is a landmark United States Supreme Court decision in the jurisprudence of the United States, upholding the constitutionality of state laws requiring racial segregation in private businesses , under the doctrine of "separate but equal".The decision was handed...
, in which he wrote the majority opinion - upholding the principle and legitimacy of "separate but equal" facilities for American blacks and whites.
Caroline died in 1901; three years later, Brown married a close friend of hers, the widow Josephine E. Tyler.
Near the end of his years on the Court he largely lost his eyesight. Brown retired from the Court May 28, 1906.
He died of heart failure. Brown is buried in Elmwood Cemetery
Elmwood Cemetery (Detroit, Michigan)
Elmwood Cemetery in Detroit is one of Michigan's most important historic cemeteries. Located at 1200 Elmwood Street in Detroit's Eastside Historic Cemetery District, Elmwood is the oldest continuously operating, non-denominational cemetery in Michigan...
in Detroit.