John Curtiss Underwood
Encyclopedia
John Curtiss Underwood was a lawyer, Abolitionist politician, and federal judge.
Underwood graduated from Hamilton College in 1832 and was a founding member of the Alpha Delta Phi
society. He practiced law from 1839-1856. Originally from New York, he married a granddaughter of Edward B. Jackson
(whose brother John G. Jackson
and great-nephew John Jay Jackson, Jr.
were also federal judges), and they had a farm in Clarke County
. In 1856 he was a delegate to the Republican convention that nominated John C. Fremont
for president. He took a position as Secretary of the Emigrant Aid and Homestead Society from 1856-1861. He left Virginia in 1857 because he was threatened for his abolitionist views.
In 1861 he declined an offer to serve as U.S. consul at Callao, Peru, but accepted instead the office of fifth auditor in the United States Department of the Treasury
, at which he served from 1861 to 1864.
Given a recess appointment by Abraham Lincoln
and later confirmed by the United States Senate
, Underwood served as judge of the United States District Court for the Eastern District of Virginia
from 1863-1864.
Early in the American Civil War
he affirmed the right of the United States government to confiscate the enemy's property. His strong views on confiscation policy put him at odds with the Supreme Court by 1870 and generated intense controversy in Virginia.
When the Eastern District was abolished by Congress in 1864, Underwood was reassigned to serve as the United States District Judge for the District of Virginia from 1864 to 1871. In this position, he presided over the grand jury that indicted Jefferson Davis
for treason, and later denied him bail because Davis was in the custody of military authorities.
In 1865, he was elected U.S. Senator by the Virginia legislature in session at Alexandria, but was not admitted to his seat as the Senate did not want to set a precedent for allowing premature reentry of Confederate states into the union. Underwood also served as president of the state constitutional convention of 1867–68, the first legislative body in the history of Virginia that included African-Americans, over whose protest the convention failed to provide for schools open to all regardless of color. At the convention, Judge Underwood proposed to give the right to vote to both black citizens and women.
When the Eastern District was re-established in 1871, Underwood was reassigned back to it, and continued as judge of the Eastern District until he died in 1873. He is buried in the Congressional Cemetery
in Washington, DC.
Underwood graduated from Hamilton College in 1832 and was a founding member of the Alpha Delta Phi
Alpha Delta Phi
Alpha Delta Phi is a Greek-letter social college fraternity and the fourth-oldest continuous Greek-letter fraternity in the United States and Canada. Alpha Delta Phi was founded on October 29, 1832 by Samuel Eells at Hamilton College and includes former U.S. Presidents, Chief Justices of the U.S....
society. He practiced law from 1839-1856. Originally from New York, he married a granddaughter of Edward B. Jackson
Edward B. Jackson
Edward Brake Jackson was a U.S. Representative from Virginia, son of George Jackson and brother of John G...
(whose brother John G. Jackson
John G. Jackson (politician)
John George Jackson was a U.S. Representative and federal judge from Virginia, the son of George Jackson, brother of Edward B...
and great-nephew John Jay Jackson, Jr.
John Jay Jackson, Jr.
John Jay Jackson, Jr. was a United States federal judge, first from Virginia, and then from West Virginia, at the time of its creation as a separate state.-Early life and career:...
were also federal judges), and they had a farm in Clarke County
Clarke County, Virginia
Clarke County is a county in the Commonwealth of Virginia. As of 2010, the population was 14,034. Its county seat is Berryville.-History:Clarke County was established in 1836 by Thomas Fairfax, 6th Lord Fairfax of Cameron who built a home, Greenway Court, on part of his 5 million acre property,...
. In 1856 he was a delegate to the Republican convention that nominated John C. Fremont
John C. Frémont
John Charles Frémont , was an American military officer, explorer, and the first candidate of the anti-slavery Republican Party for the office of President of the United States. During the 1840s, that era's penny press accorded Frémont the sobriquet The Pathfinder...
for president. He took a position as Secretary of the Emigrant Aid and Homestead Society from 1856-1861. He left Virginia in 1857 because he was threatened for his abolitionist views.
In 1861 he declined an offer to serve as U.S. consul at Callao, Peru, but accepted instead the office of fifth auditor in the United States Department of the Treasury
United States Department of the Treasury
The Department of the Treasury is an executive department and the treasury of the United States federal government. It was established by an Act of Congress in 1789 to manage government revenue...
, at which he served from 1861 to 1864.
Given a recess appointment by Abraham Lincoln
Abraham Lincoln
Abraham Lincoln was the 16th President of the United States, serving from March 1861 until his assassination in April 1865. He successfully led his country through a great constitutional, military and moral crisis – the American Civil War – preserving the Union, while ending slavery, and...
and later 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...
, Underwood served as judge of the United States District Court for the Eastern District of Virginia
United States District Court for the Eastern District of Virginia
The United States District Court for the Eastern District of Virginia is one of two United States district courts serving the Commonwealth of Virginia...
from 1863-1864.
Early in the American 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...
he affirmed the right of the United States government to confiscate the enemy's property. His strong views on confiscation policy put him at odds with the Supreme Court by 1870 and generated intense controversy in Virginia.
When the Eastern District was abolished by Congress in 1864, Underwood was reassigned to serve as the United States District Judge for the District of Virginia from 1864 to 1871. In this position, he presided over the grand jury that indicted Jefferson Davis
Jefferson Davis
Jefferson Finis Davis , also known as Jeff Davis, was an American statesman and leader of the Confederacy during the American Civil War, serving as President for its entire history. He was born in Kentucky to Samuel and Jane Davis...
for treason, and later denied him bail because Davis was in the custody of military authorities.
In 1865, he was elected U.S. Senator by the Virginia legislature in session at Alexandria, but was not admitted to his seat as the Senate did not want to set a precedent for allowing premature reentry of Confederate states into the union. Underwood also served as president of the state constitutional convention of 1867–68, the first legislative body in the history of Virginia that included African-Americans, over whose protest the convention failed to provide for schools open to all regardless of color. At the convention, Judge Underwood proposed to give the right to vote to both black citizens and women.
When the Eastern District was re-established in 1871, Underwood was reassigned back to it, and continued as judge of the Eastern District until he died in 1873. He is buried in the Congressional Cemetery
Congressional Cemetery
The Congressional Cemetery is a historic cemetery located at 1801 E Street, SE, in Washington, D.C., on the west bank of the Anacostia River. It is the final resting place of thousands of individuals who helped form the nation and the city of Washington in the early 19th century. Many members of...
in Washington, DC.