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22 J. S. Legal Hist. 187 (2014)
Gray Jackets and Rifles to Black Robes and Gavels: Confederate Veterans in the U.S. Federal Courts from Ulysses S. Grant to William H. Taft

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                Gray Jackets and Rifles to
                Black Robes and Gavels:
              Confederate Veterans in the
                U.S. Federal Courts from
          Ulysses S. Grant to William H. Taft


                    By Zachary Newkirk *


                       I. Introduction
  r3~wenty-seven Confederate veterans of the Civil War sat on
  .. the federal bench of the United States during the late
nineteenth and early twentieth centuries. Four were justices of
the Supreme Court. Among them was Charles H. Simonton.
Simonton's death in 1904 prompted colleagues and friends to
gather in Richmond, Virginia in his memory. John Rose, a
Maryland federal attorney, described Simonton's transition from
Confederate officer to leading American judge:

   His becoming and being a Federal judge was a very significant thing ....
   Here was a man who had been a prominent member of the legislature of
   South Carolina for the four years immediately preceding the war; had
   served in the Confederate army; had always been throughout life, and was
   at the time of his death, in touch with the people of his State, and yet for
   eighteen years he presided in the courts of the Government against which
   for four years he was arrayed in arms. His case, of course, was not
   peculiar. There are others who have been, and who now are, on the
   bench of United States Courts, whose history in this respect has been
   substantially the same, and yet the more you think of it the more striking
   and significant it all is.'

While former Confederates on the bench were not peculiar,
they were simultaneously striking and significant. Who were


*   Zachary Newkirk graduated from Cornell University in 2012. He would like
to thank Edward Baptist, Richard Bensel, and TJ Hinrichs for their academic
support and guidance. He also would like to thank Meaghan Cassin for her
loving support and optimism.