Henry Brush
Encyclopedia
Henry Brush was a lawyer, soldier
, legislator
and farmer
.
, the youngest son of Lemuel and Mary (Per Lee) Brush. Henry completed preparatory studies and then studied law. He was admitted to the bar in 1803 and commenced practice in Chillicothe, Ohio
. For a time, he was in partnership with his brother, Platt Brush. He married Frances and seems to have had several daughters. Henry was described by contemporaries as a tall, thin man with a Roman nose and a highly nervous temperament.
In December 1805, Henry Brush testified with other lawyers before the Ohio Senate
in the impeachment
trial of Judge William Irwin, a circuit rider who had missed a number of courts held within his circuit. Irwin was removed from office. In December 1807, Henry Brush represented Nathaniel Massie
who was contesting the election of Return J. Meigs, Jr.
, as governor of Ohio
. Brush appeared as counsel before the Ohio House of Representatives
and then in joint session with the Ohio Senate. Meigs, who was at the time serving as Chief Justice
of the Supreme Court of Ohio
, was ruled ineligible to hold the office of governor due to residency requirements.
In August 1807, the Supreme Court of Ohio ruled in Rutherford v. M'Faddon that the law passed by the legislature was unconstitutional. Chief Justice Samuel Huntington and Judge George Tod had written the opinions supporting the ruling, essentially a restatement of the federal holding of Marbury v. Madison
. The Ohio house impeached Judge Tod on the grounds that he was usurping the power of the legislature. (Huntington, who had run for governor, was spared impeachment out of respect for his office.) At his Senate trial, Judge Tod was defended by William Creighton, Jr.
, Henry Brush and two others. The vote for conviction was one shy of the two-thirds required. One of those voting for conviction was impeached Judge William Irwin, now elected a member of the Senate.
Henry Brush served as the Grand Master of the Grand Lodge of Free and Accepted Masons
in the State of Ohio from 1813 to 1817, having previously served as Grand Secretary.
a letter from Gen. William Hull
at Detroit
stating that the army was very deficient in provisions and would perish if not resupplied by the militia. Provisions were already at Urbana, Ohio
ready to be packed on horses, but awaiting a convoy of troops to protect them and open a new road, as the old one was almost impassable. On the next morning (Sunday) at Chillecothe, between 60 and 70 volunteers stepped into the ranks at the call. On Monday morning the company paraded at the Ross County, Ohio
court house and elected Henry Brush, Captain. Being without uniform they agreed upon a suitable one, immediately purchased the stuff, and through the exertions of the ladies they were all completed before evening. Meanwhile, the rest of the citizens made molds and then molded bullets and buckshot; some made cartridges. Before evening, nearly 2000 cartridges had been made, each containing a ball and three buckshot. Other provisions, canteens, knapsacks, blankets and camp equipment were provided, all at the expense of private individuals. Early the next morning they started for Urbana. In less than 24 hours, a large company of volunteers had been raised, completely equipped, and was on the march through a hostile and wilderness country.
Henry Brush’s company went to Urbana and were joined by more volunteers. He then made his way north with 280 men, 100 beef cattle, and the other provisions. When Brush and his company of Ohio volunteers were near the River Raisin, he sent word to General Hull that he should be reinforced and protected by an escort, as it was understood that some British soldiers and a confederate band of Shawnee
Indians, all under command of Tecumseh
, had crossed the Detroit river with the intention of intercepting the provision train under Captain Brush. Hull directed Major Van Home with a detachment of two hundred riflemen of the Ohio volunteers to join Captain Brush and escort him safely to the American garrison, but Van Horne’s troops were surprised by a small Indian force led by Tecumseh. In the first battle of the War of 1812
, the American soldiers were panic-stricken and fled precipitously with a loss of eighteen killed, thirteen wounded and seventy missing. Hull sent another American detachment of six hundred men under Colonel Miller to open communication with Captain Brush. At the village of Maguaga the Americans were met by a force of four hundred British, commanded by Major Muir, and five hundred Indians led by Tecumseh, Marpot and Walk-in-the-Water. Although inferior in numbers the Americans gallantly charged and put the opponents to flight. Both Major Muir and Tecumseh were wounded. Colonel Miller would have pushed to the rescue of Captain Brush, but was peremptorily ordered to return to Detroit by General Hull. By the time he returned, Hull had surrendered Detroit on August 16.
Meanwhile, Capt. Brush was in imminent danger of falling into the hands of the Indians under Tecumseh. When notified on the 17th by a British officer with a flag of truce, of Hull's surrender with his army, including his own command, Brush refused to accept the notice as authoritative, and escaped with most of his stores to Ohio.
Henry Brush was later a colonel
in the Ohio Militia. Henry’s brother John Brush was a general
in the War of 1812.
In 1818, Henry Brush was elected as a Democratic-Republican
from Ohio's 3rd congressional district
to the Sixteenth United States Congress. During his term, he served as chairman of the House Committee on Expenditures in the Department of War
. He was unsuccessful as candidate for reelection in 1820.
, a Jacksonian, was chosen by the legislature in early 1830 to a position on the State Supreme Court. When Goodenow resigned because of eye trouble, his place was taken by Henry Brush who was appointed by Governor Allen Trimble
and served again as Judge of the Supreme Court of Ohio from 1830 to 1831.
, William Henry Harrison
traveled around Ohio and was feted wherever he appeared. At a three-day celebration in Chillecothe, it was said that Henry Brush entertained 2,500 people at meals in his home.
After his public career, Henry Brush moved to a farm in Madison County, Ohio
near London, Ohio
and retired to a quiet life. Henry Brush died at his farm in 1855. He was interred in Oak Hill Cemetery.
Soldier
A soldier is a member of the land component of national armed forces; whereas a soldier hired for service in a foreign army would be termed a mercenary...
, legislator
Legislator
A legislator is a person who writes and passes laws, especially someone who is a member of a legislature. Legislators are usually politicians and are often elected by the people...
and farmer
Farmer
A farmer is a person engaged in agriculture, who raises living organisms for food or raw materials, generally including livestock husbandry and growing crops, such as produce and grain...
.
Early life and legal career
Henry Brush was born in Dutchess County, New YorkDutchess County, New York
Dutchess County is a county located in the U.S. state of New York, in the state's Mid-Hudson Region of the Hudson Valley. The 2010 census lists the population as 297,488...
, the youngest son of Lemuel and Mary (Per Lee) Brush. Henry completed preparatory studies and then studied law. He was admitted to the bar in 1803 and commenced practice in Chillicothe, Ohio
Chillicothe, Ohio
Chillicothe is a city in and the county seat of Ross County, Ohio, United States.Chillicothe was the first and third capital of Ohio and is located in southern Ohio along the Scioto River. The name comes from the Shawnee name Chalahgawtha, meaning "principal town", as it was a major settlement of...
. For a time, he was in partnership with his brother, Platt Brush. He married Frances and seems to have had several daughters. Henry was described by contemporaries as a tall, thin man with a Roman nose and a highly nervous temperament.
In December 1805, Henry Brush testified with other lawyers before the Ohio Senate
Ohio Senate
The Ohio State Senate is the upper house of the Ohio General Assembly, the legislative body for the U.S. state of Ohio. There are 33 State Senators. The state legislature meets in the state capital, Columbus. The President of the Senate presides over the body when in session, and is currently Tom...
in the impeachment
Impeachment
Impeachment is a formal process in which an official is accused of unlawful activity, the outcome of which, depending on the country, may include the removal of that official from office as well as other punishment....
trial of Judge William Irwin, a circuit rider who had missed a number of courts held within his circuit. Irwin was removed from office. In December 1807, Henry Brush represented Nathaniel Massie
Nathaniel Massie
Nathaniel Massie was a frontier surveyor in the Ohio Country who became a prominent land owner, politician, and soldier. He founded fifteen early towns in what became the State of Ohio, including its first capital, Chillicothe...
who was contesting the election of Return J. Meigs, Jr.
Return J. Meigs, Jr.
Return Jonathan Meigs, Jr. was a Democratic-Republican politician from Ohio. He served as the fourth Governor of Ohio, fifth United States Postmaster General, and as a U.S. Senator.-Biography:...
, as governor of Ohio
Ohio
Ohio is a Midwestern state in the United States. The 34th largest state by area in the U.S.,it is the 7th‑most populous with over 11.5 million residents, containing several major American cities and seven metropolitan areas with populations of 500,000 or more.The state's capital is Columbus...
. Brush appeared as counsel before the Ohio House of Representatives
Ohio House of Representatives
The Ohio House of Representatives is the lower house of the Ohio General Assembly, the state legislature of the U.S. state of Ohio; the other house of the bicameral legislature being the Ohio Senate....
and then in joint session with the Ohio Senate. Meigs, who was at the time serving as Chief Justice
Chief Justice
The Chief Justice in many countries is the name for the presiding member of a Supreme Court in Commonwealth or other countries with an Anglo-Saxon justice system based on English common law, such as the Supreme Court of Canada, the Constitutional Court of South Africa, the Court of Final Appeal of...
of the Supreme Court of Ohio
Supreme Court of Ohio
The Supreme Court of Ohio is the highest court in the U.S. state of Ohio, with final authority over interpretations of Ohio law and the Ohio Constitution. The court has seven members, a chief justice and six associate justices, each serving six-year terms...
, was ruled ineligible to hold the office of governor due to residency requirements.
In August 1807, the Supreme Court of Ohio ruled in Rutherford v. M'Faddon that the law passed by the legislature was unconstitutional. Chief Justice Samuel Huntington and Judge George Tod had written the opinions supporting the ruling, essentially a restatement of the federal holding of Marbury v. Madison
Marbury v. Madison
Marbury v. Madison, is a landmark case in United States law and in the history of law worldwide. It formed the basis for the exercise of judicial review in the United States under Article III of the Constitution. It was also the first time in Western history a court invalidated a law by declaring...
. The Ohio house impeached Judge Tod on the grounds that he was usurping the power of the legislature. (Huntington, who had run for governor, was spared impeachment out of respect for his office.) At his Senate trial, Judge Tod was defended by William Creighton, Jr.
William Creighton, Jr.
William Creighton was an attorney, banker and legislator. He always signed his name "William Creighton, Jr." because he had an elder cousin of the same name who also lived in Ross County, Ohio.- Early life :...
, Henry Brush and two others. The vote for conviction was one shy of the two-thirds required. One of those voting for conviction was impeached Judge William Irwin, now elected a member of the Senate.
Henry Brush served as the Grand Master of the Grand Lodge of Free and Accepted Masons
Freemasonry
Freemasonry is a fraternal organisation that arose from obscure origins in the late 16th to early 17th century. Freemasonry now exists in various forms all over the world, with a membership estimated at around six million, including approximately 150,000 under the jurisdictions of the Grand Lodge...
in the State of Ohio from 1813 to 1817, having previously served as Grand Secretary.
Service in the War of 1812
In August 1812, Governor Meigs received at Marietta, OhioMarietta, Ohio
Marietta is a city in and the county seat of Washington County, Ohio, United States. During 1788, pioneers to the Ohio Country established Marietta as the first permanent American settlement of the new United States in the Northwest Territory. Marietta is located in southeastern Ohio at the mouth...
a letter from Gen. William Hull
William Hull
William Hull was an American soldier and politician. He fought in the American Revolution, was Governor of Michigan Territory, and was a general in the War of 1812, for which he is best remembered for surrendering Fort Detroit to the British.- Early life and Revolutionary War :He was born in...
at Detroit
Fort Detroit
Fort Pontchartrain du Détroit or Fort Détroit was a fort established by the French officer Antoine de la Mothe Cadillac in 1701. The location of the former fort is now in the city of Detroit in the U.S...
stating that the army was very deficient in provisions and would perish if not resupplied by the militia. Provisions were already at Urbana, Ohio
Urbana, Ohio
Urbana is a city in and the county seat of Champaign County, Ohio, United States, west of Columbus. Urbana was laid out in 1805, and for a time in 1812 was the headquarters of the Northwestern army. Urbana was named after the town of Urbanna, Virginia. It is the burial-place of the Indian fighter...
ready to be packed on horses, but awaiting a convoy of troops to protect them and open a new road, as the old one was almost impassable. On the next morning (Sunday) at Chillecothe, between 60 and 70 volunteers stepped into the ranks at the call. On Monday morning the company paraded at the Ross County, Ohio
Ross County, Ohio
As of the census of 2000, there were 73,345 people, 27,136 households, and 19,185 families residing in the county. The population density was 106 people per square mile . There were 29,461 housing units at an average density of 43 per square mile...
court house and elected Henry Brush, Captain. Being without uniform they agreed upon a suitable one, immediately purchased the stuff, and through the exertions of the ladies they were all completed before evening. Meanwhile, the rest of the citizens made molds and then molded bullets and buckshot; some made cartridges. Before evening, nearly 2000 cartridges had been made, each containing a ball and three buckshot. Other provisions, canteens, knapsacks, blankets and camp equipment were provided, all at the expense of private individuals. Early the next morning they started for Urbana. In less than 24 hours, a large company of volunteers had been raised, completely equipped, and was on the march through a hostile and wilderness country.
Henry Brush’s company went to Urbana and were joined by more volunteers. He then made his way north with 280 men, 100 beef cattle, and the other provisions. When Brush and his company of Ohio volunteers were near the River Raisin, he sent word to General Hull that he should be reinforced and protected by an escort, as it was understood that some British soldiers and a confederate band of Shawnee
Shawnee
The Shawnee, Shaawanwaki, Shaawanooki and Shaawanowi lenaweeki, are an Algonquian-speaking people native to North America. Historically they inhabited the areas of Ohio, Virginia, West Virginia, Western Maryland, Kentucky, Indiana, and Pennsylvania...
Indians, all under command of Tecumseh
Tecumseh
Tecumseh was a Native American leader of the Shawnee and a large tribal confederacy which opposed the United States during Tecumseh's War and the War of 1812...
, had crossed the Detroit river with the intention of intercepting the provision train under Captain Brush. Hull directed Major Van Home with a detachment of two hundred riflemen of the Ohio volunteers to join Captain Brush and escort him safely to the American garrison, but Van Horne’s troops were surprised by a small Indian force led by Tecumseh. In the first battle of the War of 1812
War of 1812
The War of 1812 was a military conflict fought between the forces of the United States of America and those of the British Empire. The Americans declared war in 1812 for several reasons, including trade restrictions because of Britain's ongoing war with France, impressment of American merchant...
, the American soldiers were panic-stricken and fled precipitously with a loss of eighteen killed, thirteen wounded and seventy missing. Hull sent another American detachment of six hundred men under Colonel Miller to open communication with Captain Brush. At the village of Maguaga the Americans were met by a force of four hundred British, commanded by Major Muir, and five hundred Indians led by Tecumseh, Marpot and Walk-in-the-Water. Although inferior in numbers the Americans gallantly charged and put the opponents to flight. Both Major Muir and Tecumseh were wounded. Colonel Miller would have pushed to the rescue of Captain Brush, but was peremptorily ordered to return to Detroit by General Hull. By the time he returned, Hull had surrendered Detroit on August 16.
Meanwhile, Capt. Brush was in imminent danger of falling into the hands of the Indians under Tecumseh. When notified on the 17th by a British officer with a flag of truce, of Hull's surrender with his army, including his own command, Brush refused to accept the notice as authoritative, and escaped with most of his stores to Ohio.
Henry Brush was later a colonel
Colonel
Colonel , abbreviated Col or COL, is a military rank of a senior commissioned officer. It or a corresponding rank exists in most armies and in many air forces; the naval equivalent rank is generally "Captain". It is also used in some police forces and other paramilitary rank structures...
in the Ohio Militia. Henry’s brother John Brush was a general
General
A general officer is an officer of high military rank, usually in the army, and in some nations, the air force. The term is widely used by many nations of the world, and when a country uses a different term, there is an equivalent title given....
in the War of 1812.
Legislative service
Henry Brush was elected from Ross County to the Ohio House of Representatives in 1810. Upon the resignation of William Creighton, Sr., from the Ohio Senate, Henry Brush was appointed to take his seat in 1814.In 1818, Henry Brush was elected as a Democratic-Republican
Democratic-Republican Party (United States)
The Democratic-Republican Party or Republican Party was an American political party founded in the early 1790s by Thomas Jefferson and James Madison. Political scientists use the former name, while historians prefer the latter one; contemporaries generally called the party the "Republicans", along...
from Ohio's 3rd congressional district
Ohio's 3rd congressional district
Ohio's 3rd congressional district includes most of the city of Dayton and its surrounding suburbs and exurbs. It is currently represented by Representative Mike Turner.-List of representatives:-Selected election results:...
to the Sixteenth United States Congress. During his term, he served as chairman of the House Committee on Expenditures in the Department of War
United States Department of War
The United States Department of War, also called the War Department , was the United States Cabinet department originally responsible for the operation and maintenance of the United States Army...
. He was unsuccessful as candidate for reelection in 1820.
Judicial service
Henry Brush was elected a Judge of the Supreme Court of Ohio in the 1828-1829 term. John Goodenow of Steubenville, OhioSteubenville, Ohio
Steubenville is a city located along the Ohio River in Jefferson County, Ohio on the Ohio-West Virginia border in the United States. It is the political county seat of Jefferson County. It is also a principal city of the Weirton–Steubenville, WV-OH Metropolitan Statistical Area...
, a Jacksonian, was chosen by the legislature in early 1830 to a position on the State Supreme Court. When Goodenow resigned because of eye trouble, his place was taken by Henry Brush who was appointed by Governor Allen Trimble
Allen Trimble
right|350px|From a Freeman Thorpe painting in StatehouseAllen Trimble was a Federalist politician from Ohio. He served as the eighth and tenth Governor of Ohio....
and served again as Judge of the Supreme Court of Ohio from 1830 to 1831.
Political activities and retirement
In the presidential campaign of 1840United States presidential election, 1840
The United States presidential election of 1840 saw President Martin Van Buren fight for re-election against an economic depression and a Whig Party unified for the first time behind war hero William Henry Harrison and his "log cabin campaign"...
, William Henry Harrison
William Henry Harrison
William Henry Harrison was the ninth President of the United States , an American military officer and politician, and the first president to die in office. He was 68 years, 23 days old when elected, the oldest president elected until Ronald Reagan in 1980, and last President to be born before the...
traveled around Ohio and was feted wherever he appeared. At a three-day celebration in Chillecothe, it was said that Henry Brush entertained 2,500 people at meals in his home.
After his public career, Henry Brush moved to a farm in Madison County, Ohio
Madison County, Ohio
As of the census of 2000, there were 40,213 people, 13,672 households, and 10,035 families residing in the county. The population density was 86 people per square mile . There were 14,399 housing units at an average density of 31 per square mile...
near London, Ohio
London, Ohio
London is a city in and the county seat of Madison County, Ohio, United States. Located about southwest of the Ohio capital of Columbus, London was established in 1811 to serve as the county seat. As of the 2000 census, the city population was 8,771, an increase from 7,807 in 1990. It is the...
and retired to a quiet life. Henry Brush died at his farm in 1855. He was interred in Oak Hill Cemetery.