Morgan Welles Brown
Encyclopedia
Morgan Welles Brown was a United States federal judge
United States federal judge
In the United States, the title of federal judge usually means a judge appointed by the President of the United States and confirmed by the United States Senate in accordance with Article II of the United States Constitution....

.

Born in Clarksville, Tennessee
Clarksville, Tennessee
Clarksville is a city in and the county seat of Montgomery County, Tennessee, United States, and the fifth largest city in the state. The population was 132,929 in 2010 United States Census...

, and named after his father Dr. Morgan Brown IV (a revolutionary war soldier)
American Revolutionary War
The American Revolutionary War , the American War of Independence, or simply the Revolutionary War, began as a war between the Kingdom of Great Britain and thirteen British colonies in North America, and ended in a global war between several European great powers.The war was the result of the...

, his mother was the former Elizabeth Little. His parents had migrated from Grassy Island on the Peedee River in Anson County, North Carolina, where his father had been born, to Tennessee in 1795. They first settled on the Cumberland River where his father established the town and port of entry of Palmyra in Montgomery County and was made Collector for the District of Tennessee.

Morgan Welles Brown read law in the offices of his elder brother William Little Brown (1789 – 1830) who had served as Solicitor General of Tennessee (1814–1822) and as Justice of the Supreme Court of Appeals and Errors of the State of Tennessee (1822–1824).

Admitted to the bar sometime prior to his elder brother's death in 1830, Morgan Welles Brown had established a private practice in Nashville, Tennessee
Nashville, Tennessee
Nashville is the capital of the U.S. state of Tennessee and the county seat of Davidson County. It is located on the Cumberland River in Davidson County, in the north-central part of the state. The city is a center for the health care, publishing, banking and transportation industries, and is home...

 by 1833. He was also a newspaper editor for one of the leading Nashville newspapers, the Nashville Republican, from 1832 to 1833. He was described as a man "of considerable reading and literary tastes, a fine miscellaneous writer . . . and a gentleman of polished manners and high social qualities."

In total from January 3, 1834 when he was first appointed, until his death on March 7, 1853, he served as a federal judge for 19 years. Amid controversy, on December 18, 1833, Morgan Welles Brown had been nominated by President Andrew Jackson
Andrew Jackson
Andrew Jackson was the seventh President of the United States . Based in frontier Tennessee, Jackson was a politician and army general who defeated the Creek Indians at the Battle of Horseshoe Bend , and the British at the Battle of New Orleans...

 to a joint judicial seat on the United States District Court for the Eastern District of Tennessee
United States District Court for the Eastern District of Tennessee
The United States District Court for the Eastern District of Tennessee is the federal court in the Sixth Circuit whose jurisdiction covers all of East Tennessee and a portion of Middle Tennessee. The court has jurisdiction over 41 counties with 4 divisions...

 and the United States District Court for the Western District of Tennessee
United States District Court for the Western District of Tennessee
The United States District Court for the Western District of Tennessee is the Federal district court covering the western part of the state of Tennessee. Appeals from the Western District of Tennessee are taken to the United States Court of Appeals for the Sixth Circuit The United States District...

, both vacated by John McNairy
John McNairy
John McNairy was a United States federal judge in Tennessee.Born in Lancaster County, Pennsylvania, McNairy read law to enter the bar in 1788...

. In making this nomination President Jackson ignored the Tennessee Democratic legislative delegation who deemed Morgan Welles Brown unacceptable as "he had edited an anti-Jackson newspaper during the Nullification Crisis
Nullification Crisis
The Nullification Crisis was a sectional crisis during the presidency of Andrew Jackson created by South Carolina's 1832 Ordinance of Nullification. This ordinance declared by the power of the State that the federal Tariff of 1828 and 1832 were unconstitutional and therefore null and void within...

" of 1832-33. Instead President Jackson was influenced by State Supreme Court Justice and later United States Supreme Court Justice John Catron
John Catron
John Catron was an American jurist who served as a US Supreme Court justice from 1837 to 1865.-Early life:Little is known of Catron's early life, but he served in the War of 1812 under Andrew Jackson...

, and by his knowledge of Morgan Welles Brown's deceased brother, Justice William Little Brown. Morgan Welles 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 December 31, 1833, and received his commission on January 3, 1834. On June 18, 1839, the state was further subdivided with the addition of the United States District Court for the Middle District of Tennessee
United States District Court for the Middle District of Tennessee
The United States District Court for the Middle District of Tennessee is the federal trial court for most of Middle Tennessee. Based in Nashville, it was created in 1839 when Congress added a third district to the state...

, created from portions of the original two districts. Morgan Welles Brown was reassigned by operation of law
Operation of law
The phrase "by operation of law" is a legal term that indicates that a right or liability has been created for a party, irrespective of the intent of that party, because it is dictated by existing legal principles. For example, if a person dies without a will, his heirs are determined by operation...

 to also serve on this district. While serving as a federal judge, Morgan Welles Brown was also a commissioner to oversee erection of the state capitol in Nashville from 1843 to 1844. He continued to preside over all three districts of Tennessee until his death, in Nashville, in 1853.

He was buried in Mount Olivet Cemetery, Nashville.

On November 10, 1826, while still a law student, Morgan Welles Brown had married Ann Maria Childress (1809 – 1878) of Nashville. They had three children: William L. Brown, Jane (Brown) Williams and Elizabeth (Brown) Stevenson.

In about 1835 he is believed to have had a mulatto
Mulatto
Mulatto denotes a person with one white parent and one black parent, or more broadly, a person of mixed black and white ancestry. Contemporary usage of the term varies greatly, and the broader sense of the term makes its application rather subjective, as not all people of mixed white and black...

 daughter with one of his slaves. This girl, Dicey, on her birth took on the status of her mother and also became the slave of Morgan Welles Brown, the man who is believed to have been her father. Earlier in 1834 Morgan Welles Brown had mortgaged to his father for $1,000 "my negro man Charles and my negro boy Jo, commonly called Anderson, and my negro boy Lucien commonly called Bogy, and my negro boy Philip. Also all my library of books of law, and miscellaneous collections, and particularly those willed to me by my late brother William L. Brown deceased." After his father's death in 1840 Morgan Welles Brown also inherited his father's slaves including Morgan Welles Brown's slave mulatto half-brother John Louis Brown who had been born in 1839, and who his father had requested be given his freedom in his will. Instead John Louis Brown, an ancestor of singer Lionel Richie
Lionel Richie
Lionel Brockman Richie, Jr. , is an American singer-songwriter, musician and record producer. Since 1968, he has been a member of the musical group Commodores signed to Motown Records...

, did not obtain his freedom until after the Civil War, as evidenced by John Louis Brown's post-Civil War pension application and related documentation. In the 1840 U.S. census Morgan Welles Brown was recorded as owning 11 slaves.

Sources

  • http://www.ca6.uscourts.gov/lib_hist/courts/district%20court/TN/EDTN/judges/brown/mwb-bio.html
  • http://www.ncgenweb.us/richmond/morganbrown.html
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