Brewer, David Josiah

Born June 20, 1837, in Smyrna, Asia Minor
Died March 28, 1910, in Washington, DC

Federal Judicial Service:
Judge, U.S. Circuit Courts for the Eighth Circuit
Nominated by Chester A. Arthur on March 25, 1884, to a seat vacated by George Washington McCrary. Confirmed by the Senate on March 31, 1884, and received commission on March 31, 1884. Service terminated on January 6, 1890, due to appointment to another judicial position.

Associate Justice, Supreme Court of the United States
Nominated by Benjamin Harrison on December 4, 1889, to a seat vacated by Stanley Matthews. Confirmed by the Senate on December 18, 1889, and received commission on December 18, 1889. Service terminated on March 28, 1910, due to death.

Supreme Court Oath:
January 6, 1890

Allotment as Circuit Justice:

Sixth Circuit, March 10, 1890-January 18, 1891
Eighth Circuit, November 3, 1890-March 28, 1910
Ninth Circuit, December 13, 1897-February 20, 1898
Seventh Circuit, September 2, 1907-October 14, 1907

Education:
Albany Law School
Yale College, A.B., 1856
Read law, 1857

Professional Career:

Private practice, Leavenworth, Kansas, 1858-1861
Commissioner, U.S. Circuit Court for the District of Kansas, 1861-1862
Judge, Leavenworth County [Kansas] Probate and Criminal Courts, 1862-1865
Judge, Kansas District Court, First Judicial District, 1865-1869
City attorney, Leavenworth, Kansas, 1869-1870
Justice, Kansas Supreme Court, 1870-1884

Bibliography

Brodhead, Michael J. David J. Brewer: The Life of a Supreme Court Justice, 1837-1910. Carbondale: Southern Illinois University Press, 1994.

Garner, Robert E. “Justice Brewer and Substantive Due Process: A Conservative Court Revisited.” Vanderbilt Law Review, vol. 18, no. 2 (Mar. 1965): 615-42.

Green, Steven K. Justice David Josiah Brewer and the ‘Christian Nation’ Maxim. Alabama Law Review, vol. 63 (1999): 427-76.

Hylton, J. Gordon. “David Josiah Brewster and the Christian Constitution.” Marquette Law Review, vol. 61 (1994): 417-25.

________. “David Josiah Brewster: A Conservative Justice Reconsidered.” Journal of Supreme Court History, vol. 94 (1994): 45-64.

________. “The Judge who Abstained in Plessy v. Ferguson: Justice David Brewer and the Problem of Race.” Mississippi Law Journal, vol. 61 (1991): 315-66.

________. “The Perils of Popularity: David Josiah Brewster and the Politics of Judicial Reputation. Vanderbilt Law Review, vol. 62 (2009): 567-90.

Przybyszewski, Linda. “Judicial Conservatism and Protestant Faith: The Case of Justice David J. Brewer.” Journal of American History, vol. 91, no. 2 (Sep. 2004): 471-96.

Wiecek, William M. “Justice David J. Brewer and ‘the Constitution in Exile.’” Journal of Supreme Court History, vol. 33 (2008): 170-85.

Manuscript Collections

University of Chicago
Special Collections Research Center
Chicago, Ill.
David Josiah Brewer letter to Benjamin Harris Brewster, December 2, 1884.

Cornell University
Ithaca, N.Y.
David Brewer letters, 1890-1903.
2 items; correspondence with Harry H. Hause concerning various legal issues.

Harvard Law School
Cambridge, Mass.
Letters and autograph of David J. Brewer, 1892, 1894.

Library of Congress
Washington, D.C.
David Brewer papers, 1865-1906.
64 items and 2 microfilm reels; chiefly pamphlets and periodicals containing Brewer's speeches and writings. The collection is a part of the Miscellaneous Manuscripts collection.

New York Public Library
New York, N.Y.
David Josiah Brewer letter to Hamilton Holt, 1908.

Yale University
Sterling Memorial Library
New Haven, Conn.
Brewer family papers, 1714-1954.
13.75 linear ft. (21 boxes, 1 folio, 4 vols.); finding aid; collection includes David Brewer's correspondence, writings, speeches, scrapbooks, photographs, diaries, and other papers.

Federal Judicial Center

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Brewer, David Josiah