James Westcott
Encyclopedia
James Diament Westcott, Jr. (May 10, 1802 January 19, 1880) was a United States Senator
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...

 from Florida
Florida
Florida is a state in the southeastern United States, located on the nation's Atlantic and Gulf coasts. It is bordered to the west by the Gulf of Mexico, to the north by Alabama and Georgia and to the east by the Atlantic Ocean. With a population of 18,801,310 as measured by the 2010 census, it...

.

Early life and career

Westcott was born in Alexandria, Virginia
Alexandria, Virginia
Alexandria is an independent city in the Commonwealth of Virginia. As of 2009, the city had a total population of 139,966. Located along the Western bank of the Potomac River, Alexandria is approximately six miles south of downtown Washington, D.C.Like the rest of northern Virginia, as well as...

 where his father, James Sr., was transitioning from newspaper publisher to politician. James Jr.'s grandfather was a captain in the American Revolutionary War
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...

. When Westcott was young, his family moved to New Jersey
New Jersey
New Jersey is a state in the Northeastern and Middle Atlantic regions of the United States. , its population was 8,791,894. It is bordered on the north and east by the state of New York, on the southeast and south by the Atlantic Ocean, on the west by Pennsylvania and on the southwest by Delaware...

 where his father established a political career in the Assembly
New Jersey General Assembly
The New Jersey General Assembly is the lower house of the New Jersey Legislature.Since the election of 1967 , the Assembly has consisted of 80 members. Two members are elected from each of New Jersey's 40 legislative districts for a term of two years, each representing districts with average...

 and as Secretary of State of New Jersey
Secretary of State of New Jersey
The Secretary of State of New Jersey is responsible for overseeing artistic, cultural, and historical programs within the U.S. state of New Jersey, as well as volunteerism and community service projects within the state....

 from 1830 to 1840. James Jr. married Rebecca Bacon Sibley on August 7, 1821. He studied law and was admitted to the bar
Bar association
A bar association is a professional body of lawyers. Some bar associations are responsible for the regulation of the legal profession in their jurisdiction; others are professional organizations dedicated to serving their members; in many cases, they are both...

 while still in his early 20s. In 1830, he moved to the Florida Territory
Florida Territory
The Territory of Florida was an organized incorporated territory of the United States that existed from March 30, 1822, until March 3, 1845, when it was admitted to the Union as the State of Florida...

 and was appointed territory secretary by 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...

. His duties sometimes included performing the duties of the governor
Governor
A governor is a governing official, usually the executive of a non-sovereign level of government, ranking under the head of state...

 when the governor was away — all while barely 30 years old.

Duel

In 1832, Westcott ran afoul of a short-tempered fellow lawyer and Kentucky
Kentucky
The Commonwealth of Kentucky is a state located in the East Central United States of America. As classified by the United States Census Bureau, Kentucky is a Southern state, more specifically in the East South Central region. Kentucky is one of four U.S. states constituted as a commonwealth...

 native, Thomas Baltzell
Thomas Baltzell
Thomas Baltzell was an American lawyer and politician who was the first popularly elected chief justice of the Florida Supreme Court...

. Baltzell challenged Westcott to a duel
Duel
A duel is an arranged engagement in combat between two individuals, with matched weapons in accordance with agreed-upon rules.Duels in this form were chiefly practised in Early Modern Europe, with precedents in the medieval code of chivalry, and continued into the modern period especially among...

 and the two met near the Alabama
Alabama
Alabama is a state located in the southeastern region of the United States. It is bordered by Tennessee to the north, Georgia to the east, Florida and the Gulf of Mexico to the south, and Mississippi to the west. Alabama ranks 30th in total land area and ranks second in the size of its inland...

 border on September 25. When the gunfire was over, Westcott was injured but survived while Baltzell escaped unharmed and eventually became a Florida Supreme Court
Florida Supreme Court
The Supreme Court of the State of Florida is the highest court in the U.S. state of Florida. The Supreme Court consists of seven judges: the Chief Justice and six Justices who are appointed by the Governor to 6-year terms and remain in office if retained in a general election near the end of each...

 chief justice. The exact reason for the duel was not disclosed in official papers.

Birth of a state

Westcott served as territory secretary and a member of the Florida Territorial Legislative Council until 1834 and then as Attorney General
Attorney General
In most common law jurisdictions, the attorney general, or attorney-general, is the main legal advisor to the government, and in some jurisdictions he or she may also have executive responsibility for law enforcement or responsibility for public prosecutions.The term is used to refer to any person...

 of the territory's middle district until 1836. He then returned to the legislature as part of the convention to create a U.S. state
U.S. state
A U.S. state is any one of the 50 federated states of the United States of America that share sovereignty with the federal government. Because of this shared sovereignty, an American is a citizen both of the federal entity and of his or her state of domicile. Four states use the official title of...

 constitution
Constitution
A constitution is a set of fundamental principles or established precedents according to which a state or other organization is governed. These rules together make up, i.e. constitute, what the entity is...

. When the first Florida Constitution
Florida Constitution
The Constitution of the State of Florida is the document that establishes and describes the duties, powers, structure and function of the government of the U.S. state of Florida, and establishes the basic law of the state....

 was completed in 1838, Westcott's signature was present (as was that of his former duel-mate, Thomas Baltzell). Seven years later, with the constitution approved, Florida
Florida
Florida is a state in the southeastern United States, located on the nation's Atlantic and Gulf coasts. It is bordered to the west by the Gulf of Mexico, to the north by Alabama and Georgia and to the east by the Atlantic Ocean. With a population of 18,801,310 as measured by the 2010 census, it...

 was officially a state.

Senate

When Florida was admitted to the union
Political union
A political union is a type of state which is composed of or created out of smaller states. Unlike a personal union, the individual states share a common government and the union is recognized internationally as a single political entity...

 in 1845, Westcott ran for U.S. senator and was victorious. Westcott and fellow democrat
Democratic Party (United States)
The Democratic Party is one of two major contemporary political parties in the United States, along with the Republican Party. The party's socially liberal and progressive platform is largely considered center-left in the U.S. political spectrum. The party has the lengthiest record of continuous...

 David Levy (Yulee)
David Levy Yulee
David Levy Yulee, born David Levy was an American politician and attorney from Florida, a territorial delegate to Congress, the first Jewish member of the United States Senate, and a member of the Confederate Congress during the American Civil War...

 became the first U.S. senators from the new state of Florida. In a choice by lot, Westcott was named a Class III senator while Levy was named a Class I meaning Westcott drew the shorter term of four years.

While in the Senate, Westcott was the chairman on the Committee on Territories and the Committee on Patents and the Patent Office. He did not run for re-election in 1848.

Post-Senate

Westcott's only term ended in 1849 and, in 1850, he moved to New York City
New York City
New York is the most populous city in the United States and the center of the New York Metropolitan Area, one of the most populous metropolitan areas in the world. New York exerts a significant impact upon global commerce, finance, media, art, fashion, research, technology, education, and...

 and practiced law there until 1862. In 1862, Westcott moved to Canada
Canada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...

 where he remained until his death in Montreal
Montreal
Montreal is a city in Canada. It is the largest city in the province of Quebec, the second-largest city in Canada and the seventh largest in North America...

.

James Westcott's name remained in the Florida public eye as his son, also commonly referred to as James Diament Westcott, Jr.
James Westcott, Jr.
James Diament Westcott, Jr. was a Florida Supreme Court Justice, Florida Attorney General, and a member of the Florida House of Representatives....

, became a member of the Florida House of Representatives
Florida House of Representatives
The Florida House of Representatives is the lower house of the Florida Legislature, the state legislature of the U.S. state of Florida. The House is composed of 120 members representing an equal number of districts, with each district having an average population of 156,677.The House convenes at...

, and was Florida Attorney General
Florida Attorney General
The Florida Attorney General is an elected cabinet official in the U.S. state of Florida. The attorney general serves as the chief legal officer of the state....

 and a Florida Supreme Court
Florida Supreme Court
The Supreme Court of the State of Florida is the highest court in the U.S. state of Florida. The Supreme Court consists of seven judges: the Chief Justice and six Justices who are appointed by the Governor to 6-year terms and remain in office if retained in a general election near the end of each...

 Justice as well as a Captain in the Confederate States Army
Confederate States Army
The Confederate States Army was the army of the Confederate States of America while the Confederacy existed during the American Civil War. On February 8, 1861, delegates from the seven Deep South states which had already declared their secession from the United States of America adopted the...

 — all before his untimely death at age 47. The younger Westcott left most of his estate to what is now Florida State University
Florida State University
The Florida State University is a space-grant and sea-grant public university located in Tallahassee, Florida, United States. It is a comprehensive doctoral research university with medical programs and significant research activity as determined by the Carnegie Foundation...

 which, in turn, eventually named its main administration building in Tallahassee
Tallahassee, Florida
Tallahassee is the capital of the U.S. state of Florida. It is the county seat and only incorporated municipality in Leon County, and is the 128th largest city in the United States. Tallahassee became the capital of Florida, then the Florida Territory, in 1824. In 2010, the population recorded by...

 in his honor.

See also


External links

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