Robert William Hughes
Encyclopedia
Robert William Hughes was a Virginia newspaperman, lawyer, and federal judge
.
, Hughes was of an old Virginia family, whose ancestors came to the area of Powhatan County before 1700, when it was still Goochland County.
He attended Caldwell Institute, Greensboro, North Carolina
, then studied law in Fincastle, Virginia
.
In 1850, at the Governor's mansion, Hughes married Joseph E. Johnston's
niece, Eliza M. Johnston, who was the adopted daughter of then-Governor John B. Floyd
.
Hughes practiced law in Richmond
from 1846-1853. Among his acquaintances in Richmond was Edgar Allan Poe
.
Hughes's son, Robert M. Hughes
, was a distinguished Virginia lawyer, and one of the early presidents of the Virginia Bar Association
.
In connection with the statewide elections of 1855, Hughes editorialized against the Know Nothing
movement in Virginia, pointing out that Yankees and abolitionists, not immigrants and Roman Catholics, were the true threats to the Southern way of life. "Why are Northern Abolitionists and Know Nothings persecuting and proscribing foreigners and Catholics?" he wrote. "It is because they have always refused to join with them in their outcry against slavery and the South."
In 1857, Hughes left Richmond at the invitation of President James Buchanan
to edit the Democratic newspaper, the Washington Union. His papers at the College of William & Mary include, among other things, a receipt for the purchase of two slaves in 1862. Hughes favored secession but was critical of the administration of Jefferson Davis
.
Hughes served in the Confederate Army
during the Civil War
, then returned to his pre-war occupation as a newspaper editor in Richmond.
In June, 1869, he shot and wounded a rival newspaperman and future Governor of Virginia
, William E. Cameron, in a duel, after Cameron had published a "scathing" editorial about the transformation of Hughes's political views. According to one account, "the parties met at Chester Station, on the Petersburg Railroad
; but, before they could exchange a shot, the police made their appearance, and caused a flight of the parties. They passed into North Carolina
, where they fought on June 12 with pistols. Cameron was hit in the breast at the first fire, the ball striking a rib and glancing. Hughes demanded another fire, but the surgeons declared that Cameron could not deliver another shot, and the affair ended 'to the satisfaction of all parties.'"
Before and after the War, Hughes practiced law for some periods in Abingdon, Virginia
, and had some affiliation with some predecessors of the Norfolk & Western railroad
. He was appointed as the United States Attorney
for the Western District of Virginia. He was an unsuccessful Republican candidate for Congress in 1870, losing to William Terry, and in 1872, losing to Tazewell County
farmer Rees Bowen.
He resigned as U.S. Attorney for the Western District of Virginia in 1873 for his unsuccessful campaign for Governor of Virginia, against James L. Kemper
. At the Republican convention attended by white and black delegates, out of two candidates, "it was seen that Col. Hughes was the stronger man, especially among the colored delegates." In accepting the Republican nomination, Hughes gave a speech applauding the fairness of the Reconstruction amendments
, and condemned his opponents for running on the slogan of "Virginia for White Virginians." "Colonel Robert W. Hughes, at the time of his nomination, was the strongest and most popular Republican in Virginia. . . . There are no Republicans in Virginia, and very few in the whole South, who can command the respect that Judge Hughes enjoys."
on December 15, 1873, to a seat on the United States District Court for the Eastern District of Virginia
. His nomination was confirmed by the United States Senate
on January 14, 1874.
In 1879, in the case of Ex parte Kinney, 3 Hughes 9, 14 F.Cas. 602, Judge Hughes denied habeas corpus
relief to a black petitioner who had married a white woman in Washington, D.C., then returned to Virginia, and was convicted under Virginia law of traveling out-of-state to marry and sentenced to five years of hard labor
. "But the Kinney court went on to declare that Virginia could not enforce its law against nondomiciliaries nor exclude altogether interracial couples
domiciled in the District of Columbia
. 'That such a citizen would have a right of transit with his wife through Virginia, and of temporary stoppage, and of carrying on any business here not requiring residence, may be conceded, because these are privileges following a citizen of the United States . . . .'"
The same year, in the Arlington Estate case, Judge Hughes addressed the jurisdictional issues raised by Custis Lee's
ejectment action to recover the family property, and concluded his opinion with these words: "If, then, it shall go up to the supreme court
, as I doubt not it will do, I shall console myself with the memorable reflection of Lord Nottingham, in the case of the Duke of Norfolk: ‘I am not ashamed to have made this decision, nor will I be wounded if it should be reversed.'"
In 1882, when a group of Republicans was seeking greater representation in governments, Hughes was mentioned as a possible member of a reconstituted Virginia Supreme Court.
Judge Hughes sat mainly in Norfolk
, but heard cases elsewhere in the district and also served as a visiting judge in the United States District Court for the Western District of Virginia
, in the interim between the retirement of Judge Alexander Rives
in 1882 and the appointment of Judge John Paul
in 1883.
His published works included five volumes of reports of federal court
opinions. In addition, Hughes published biographies of Generals Floyd and Johnston. He was interested in economics, and published his comments on the American monetary system
and matters of public finance
in post-War Virginia. He also raised horses, including thoroughbreds registered with the American Jockey Club.
Hughes lectured on law at the University of Virginia
, and served on its Board of Visitors from 1865-1872. He was also a trustee of the Hampton Institute
, from 1870-1899. At the graduation exercises in 1875, Judge Hughes "said it was gratifying to put to rest the old belief that one race was inferior in capacity to the other."
In 1881, the College of William & Mary
conferred on Judge Hughes an honorary doctor
of law degree
.
Judge Hughes retired in 1898. He died at the age of 80 and was buried in Sinking Springs Cemetery, in Abingdon, Virginia.
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....
.
Family and early life
Born at Muddy Creek Plantation in Powhatan County, VirginiaPowhatan County, Virginia
As of the census of 2000, there were 22,377 people, 7,258 households, and 5,900 families residing in the county. The population density was 86 people per square mile . There were 7,509 housing units at an average density of 29 per square mile...
, Hughes was of an old Virginia family, whose ancestors came to the area of Powhatan County before 1700, when it was still Goochland County.
He attended Caldwell Institute, Greensboro, North Carolina
Greensboro, North Carolina
Greensboro is a city in the U.S. state of North Carolina. It is the third-largest city by population in North Carolina and the largest city in Guilford County and the surrounding Piedmont Triad metropolitan region. According to the 2010 U.S...
, then studied law in Fincastle, Virginia
Fincastle, Virginia
Fincastle is a town in Botetourt County, Virginia, United States. The population was 353 at the 2010 census. It is the county seat of Botetourt County.Fincastle is part of the Roanoke Metropolitan Statistical Area.-History:...
.
In 1850, at the Governor's mansion, Hughes married Joseph E. Johnston's
Joseph E. Johnston
Joseph Eggleston Johnston was a career U.S. Army officer, serving with distinction in the Mexican-American War and Seminole Wars, and was also one of the most senior general officers in the Confederate States Army during the American Civil War...
niece, Eliza M. Johnston, who was the adopted daughter of then-Governor John B. Floyd
John B. Floyd
John Buchanan Floyd was the 31st Governor of Virginia, U.S. Secretary of War, and the Confederate general in the American Civil War who lost the crucial Battle of Fort Donelson.-Early life:...
.
Hughes practiced law in Richmond
Richmond, Virginia
Richmond is the capital of the Commonwealth of Virginia, in the United States. It is an independent city and not part of any county. Richmond is the center of the Richmond Metropolitan Statistical Area and the Greater Richmond area...
from 1846-1853. Among his acquaintances in Richmond was Edgar Allan Poe
Edgar Allan Poe
Edgar Allan Poe was an American author, poet, editor and literary critic, considered part of the American Romantic Movement. Best known for his tales of mystery and the macabre, Poe was one of the earliest American practitioners of the short story and is considered the inventor of the detective...
.
Hughes's son, Robert M. Hughes
Robert M. Hughes
Robert Morton Hughes was a Virginia lawyer who served as a president of The Virginia Bar Association and helped establish what became Old Dominion University in Norfolk, Virginia.-Family:...
, was a distinguished Virginia lawyer, and one of the early presidents of the Virginia Bar Association
Virginia Bar Association
The Virginia Bar Association is a voluntary organization of lawyers in Virginia, with offices in Richmond, Virginia.- VBA Mission : is the independent voice of the Virginia lawyer, advancing the highest ideals of the profession through advocacy and volunteer service.- History :The VBA, , was...
.
Secessionist Democratic newspaperman
From 1850 to 1866, he contributed to a series of newspapers in Richmond and Washington, D.C., primarily the Richmond Examiner. He took over as editor of the Examiner when the regular editor, John M. Daniel, left the country as U.S. Minister to Sardinia.In connection with the statewide elections of 1855, Hughes editorialized against the Know Nothing
Know Nothing
The Know Nothing was a movement by the nativist American political faction of the 1840s and 1850s. It was empowered by popular fears that the country was being overwhelmed by German and Irish Catholic immigrants, who were often regarded as hostile to Anglo-Saxon Protestant values and controlled by...
movement in Virginia, pointing out that Yankees and abolitionists, not immigrants and Roman Catholics, were the true threats to the Southern way of life. "Why are Northern Abolitionists and Know Nothings persecuting and proscribing foreigners and Catholics?" he wrote. "It is because they have always refused to join with them in their outcry against slavery and the South."
In 1857, Hughes left Richmond at the invitation of President James Buchanan
James Buchanan
James Buchanan, Jr. was the 15th President of the United States . He is the only president from Pennsylvania, the only president who remained a lifelong bachelor and the last to be born in the 18th century....
to edit the Democratic newspaper, the Washington Union. His papers at the College of William & Mary include, among other things, a receipt for the purchase of two slaves in 1862. Hughes favored secession but was critical of the administration of 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...
.
Hughes served in the Confederate 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...
during the 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...
, then returned to his pre-war occupation as a newspaper editor in Richmond.
Post-War Republican politician
After the War, Hughes became "one of the first prominent Virginians to turn Republican during the Reconstruction period." Earlier, he "was an extreme secessionist, but after the war he became a moderate Republican and a favorite of President Grant, causing many of his old friends to consider him 'worse than a carpetbagger' and a 'Judas.'"In June, 1869, he shot and wounded a rival newspaperman and future Governor of Virginia
Governor of Virginia
The governor of Virginia serves as the chief executive of the Commonwealth of Virginia for a four-year term. The position is currently held by Republican Bob McDonnell, who was inaugurated on January 16, 2010, as the 71st governor of Virginia....
, William E. Cameron, in a duel, after Cameron had published a "scathing" editorial about the transformation of Hughes's political views. According to one account, "the parties met at Chester Station, on the Petersburg Railroad
Petersburg Railroad
Petersburg Railroad was chartered in 1830 and opened in 1833. It ran from Petersburg, Virginia south to Garysburg, North Carolina, from which it ran to Weldon via trackage rights over the Seaboard and Roanoke Railroad...
; but, before they could exchange a shot, the police made their appearance, and caused a flight of the parties. They passed into North Carolina
North Carolina
North Carolina is a state located in the southeastern United States. The state borders South Carolina and Georgia to the south, Tennessee to the west and Virginia to the north. North Carolina contains 100 counties. Its capital is Raleigh, and its largest city is Charlotte...
, where they fought on June 12 with pistols. Cameron was hit in the breast at the first fire, the ball striking a rib and glancing. Hughes demanded another fire, but the surgeons declared that Cameron could not deliver another shot, and the affair ended 'to the satisfaction of all parties.'"
Before and after the War, Hughes practiced law for some periods in Abingdon, Virginia
Abingdon, Virginia
Abingdon is a town in Washington County, Virginia, USA, 133 miles southwest of Roanoke. The population was 8,191 at the 2010 census. It is the county seat of Washington County and is a designated Virginia Historic Landmark...
, and had some affiliation with some predecessors of the Norfolk & Western railroad
Norfolk and Western Railway
The Norfolk and Western Railway , a US class I railroad, was formed by more than 200 railroad mergers between 1838 and 1982. It had headquarters in Roanoke, Virginia for most of its 150 year existence....
. He was appointed as the United States Attorney
United States Attorney
United States Attorneys represent the United States federal government in United States district court and United States court of appeals. There are 93 U.S. Attorneys stationed throughout the United States, Puerto Rico, the U.S. Virgin Islands, Guam, and the Northern Mariana Islands...
for the Western District of Virginia. He was an unsuccessful Republican candidate for Congress in 1870, losing to William Terry, and in 1872, losing to Tazewell County
Tazewell County, Virginia
As of the census of 2000, there were 44,598 people, 18,277 households and 13,232 families residing in the county. The population density was 86 people per square mile . There were 20,390 housing units at an average density of 39 per square mile...
farmer Rees Bowen.
He resigned as U.S. Attorney for the Western District of Virginia in 1873 for his unsuccessful campaign for Governor of Virginia, against James L. Kemper
James L. Kemper
James Lawson Kemper was a lawyer, a Confederate general in the American Civil War, and the 37th Governor of Virginia...
. At the Republican convention attended by white and black delegates, out of two candidates, "it was seen that Col. Hughes was the stronger man, especially among the colored delegates." In accepting the Republican nomination, Hughes gave a speech applauding the fairness of the Reconstruction amendments
Reconstruction Amendments
The Reconstruction Amendments are the Thirteenth, Fourteenth, and Fifteenth amendments to the United States Constitution, adopted between 1865 and 1870, the five years immediately following the Civil War...
, and condemned his opponents for running on the slogan of "Virginia for White Virginians." "Colonel Robert W. Hughes, at the time of his nomination, was the strongest and most popular Republican in Virginia. . . . There are no Republicans in Virginia, and very few in the whole South, who can command the respect that Judge Hughes enjoys."
Federal judge
Hughes was nominated by Ulysses S. GrantUlysses S. Grant
Ulysses S. Grant was the 18th President of the United States as well as military commander during the Civil War and post-war Reconstruction periods. Under Grant's command, the Union Army defeated the Confederate military and ended the Confederate States of America...
on December 15, 1873, to a seat on 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...
. His nomination 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 January 14, 1874.
In 1879, in the case of Ex parte Kinney, 3 Hughes 9, 14 F.Cas. 602, Judge Hughes denied habeas corpus
Habeas corpus
is a writ, or legal action, through which a prisoner can be released from unlawful detention. The remedy can be sought by the prisoner or by another person coming to his aid. Habeas corpus originated in the English legal system, but it is now available in many nations...
relief to a black petitioner who had married a white woman in Washington, D.C., then returned to Virginia, and was convicted under Virginia law of traveling out-of-state to marry and sentenced to five years of hard labor
Penal labour
Penal labour is a form of unfree labour in which prisoners perform work, typically manual labour. The work may be light or hard, depending on the context. Forms of sentence which involve penal labour include penal servitude and imprisonment with hard labour...
. "But the Kinney court went on to declare that Virginia could not enforce its law against nondomiciliaries nor exclude altogether interracial couples
Miscegenation
Miscegenation is the mixing of different racial groups through marriage, cohabitation, sexual relations, and procreation....
domiciled in the District of Columbia
Washington, D.C.
Washington, D.C., formally the District of Columbia and commonly referred to as Washington, "the District", or simply D.C., is the capital of the United States. On July 16, 1790, the United States Congress approved the creation of a permanent national capital as permitted by the U.S. Constitution....
. 'That such a citizen would have a right of transit with his wife through Virginia, and of temporary stoppage, and of carrying on any business here not requiring residence, may be conceded, because these are privileges following a citizen of the United States . . . .'"
The same year, in the Arlington Estate case, Judge Hughes addressed the jurisdictional issues raised by Custis Lee's
George Washington Custis Lee
George Washington Custis Lee , also known as Custis Lee, was the eldest son of Robert E. Lee and Mary Anna Custis Lee...
ejectment action to recover the family property, and concluded his opinion with these words: "If, then, it shall go up to the supreme court
Supreme court
A supreme court is the highest court within the hierarchy of many legal jurisdictions. Other descriptions for such courts include court of last resort, instance court, judgment court, high court, or apex court...
, as I doubt not it will do, I shall console myself with the memorable reflection of Lord Nottingham, in the case of the Duke of Norfolk: ‘I am not ashamed to have made this decision, nor will I be wounded if it should be reversed.'"
In 1882, when a group of Republicans was seeking greater representation in governments, Hughes was mentioned as a possible member of a reconstituted Virginia Supreme Court.
Judge Hughes sat mainly in Norfolk
Norfolk, Virginia
Norfolk is an independent city in the Commonwealth of Virginia in the United States. With a population of 242,803 as of the 2010 Census, it is Virginia's second-largest city behind neighboring Virginia Beach....
, but heard cases elsewhere in the district and also served as a visiting judge in the United States District Court for the Western District of Virginia
United States District Court for the Western District of Virginia
The United States District Court for the Western District of Virginia is a United States district court.Appeals from the Western District of Virginia are taken to the United States Court of Appeals for the Fourth Circuit The United States District Court for the Western District of Virginia (in...
, in the interim between the retirement of Judge Alexander Rives
Alexander Rives
Alexander Rives was a Virginia lawyer, politician, and federal judge.-Family and politics:Rives was born in Nelson County, Virginia. He attended Hampden-Sydney College from 1821 to 1825 when he graduated; and the University of Virginia, graduating in 1828. He was admitted to the bar and began...
in 1882 and the appointment of Judge John Paul
John Paul (1839-1901)
John Paul was a U.S. Representative and federal judge from Virginia.Born in Scarborough, Ontario, John Paul attended the common schools in Bowmanville, Ontario. During the Civil War, John Paul entered the Confederate States Army and became a captain in the 1st Virginia Cavalry. He studied law at...
in 1883.
Virginian, writer, patron of education
During his judicial career, Judge Hughes lived in the Mowbray Arch section of the Ghent neighborhood, but kept a summer home near Abingdon.His published works included five volumes of reports of federal court
United States federal courts
The United States federal courts make up the judiciary branch of federal government of the United States organized under the United States Constitution and laws of the federal government.-Categories:...
opinions. In addition, Hughes published biographies of Generals Floyd and Johnston. He was interested in economics, and published his comments on the American monetary system
Monetary system
A monetary system is anything that is accepted as a standard of value and measure of wealth in a particular region.However, the current trend is to use international trade and investment to alter the policy and legislation of individual governments. The best recent example of this policy is the...
and matters of public finance
Public finance
Public finance is the revenue and expenditure of public authoritiesThe purview of public finance is considered to be threefold: governmental effects on efficient allocation of resources, distribution of income, and macroeconomic stabilization.-Overview:The proper role of government provides a...
in post-War Virginia. He also raised horses, including thoroughbreds registered with the American Jockey Club.
Hughes lectured on law at the University of Virginia
University of Virginia
The University of Virginia is a public research university located in Charlottesville, Virginia, United States, founded by Thomas Jefferson...
, and served on its Board of Visitors from 1865-1872. He was also a trustee of the Hampton Institute
Hampton University
Hampton University is a historically black university located in Hampton, Virginia, United States. It was founded by black and white leaders of the American Missionary Association after the American Civil War to provide education to freedmen.-History:...
, from 1870-1899. At the graduation exercises in 1875, Judge Hughes "said it was gratifying to put to rest the old belief that one race was inferior in capacity to the other."
In 1881, the College of William & Mary
College of William and Mary
The College of William & Mary in Virginia is a public research university located in Williamsburg, Virginia, United States...
conferred on Judge Hughes an honorary doctor
Honorary degree
An honorary degree or a degree honoris causa is an academic degree for which a university has waived the usual requirements, such as matriculation, residence, study, and the passing of examinations...
of law degree
Law degree
A Law degree is an academic degree conferred for studies in law. Such degrees are generally preparation for legal careers; but while their curricula may be reviewed by legal authority, they do not themselves confer a license...
.
Judge Hughes retired in 1898. He died at the age of 80 and was buried in Sinking Springs Cemetery, in Abingdon, Virginia.