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KANAWHA COUNTY WEST VIRGINIA - BIOS: FERGUSON, Hon. James H.
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Submitted to the West Virginia Biographies Project by:
Sandy Spradling
SSpradling@AOL.com
September 26, 1999
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History of Charleston and Kanawha County, West Virginia and Representative
Citizens
W.S. Laidley
Richmond Arnold Publishing Co., Chicago, ILL.
1911
p. 465-467
HON. JAMES H. FERGUSON, who passed away from life's scenes on June 21, 1898,
was not 'only for many years one of Kanawha County's best known and most
highly esteemed citizens, but was also in a wider sense one of the eminent
men of the State of West Virginia, and this eminence was gained by his own
persevering efforts, backed by a self-reliant character, strong
intellectuality, and sound heredity. He was born in an obscure home in
Montgomery County, Va., April 14, 1817, his parents bmg immigrants from
Scotland-people in humble circumstances, yet doubtless posessed of those
sturdy self-reliant qualities of industry, thrift, and sound morality which
are characteristic of the Scottish people in general and which are
responsible for their prosperity in whatever land they choose to make their
home.
The educational opportunities 'of the subject of this sketch were naturally
very limited, so far, at least, as early school attendance is concerned. He
must have picked up some elementary knowledge, but it was necessary for him
soon to learn a trade, and he chose, or had chosen for him, that of
shoemaker, and before he had reached man-hood he was traveling about the
country from farm to farm as a journeyman cobbler. We can have little doubt,
from what we know of his after career, that he was an industrious and capable
workman. The op-portunities for advancement connected with this occupation
were, however, too limited to satisfy his youthful ambition, and w'e are not
surprised, therefore, to find him in 1835 entering the office of an attorney
at Barboursville, in Cabell County, where he ap-plied himself to the study of
law. In 1840 he was admitted to the bar and from that date his real life work
begins. Moving to Logan County five years later, he was there elected
prosecuting attorney and served in that position until 1848. By the time his
professional talents and his sterling qualities as a citizen had attracted
general attention and he was in that year elected to the House of Delegates
from Logan and Boone Counties, being subsequently reelected to the same
office, in which he served continu-ously until 1851, when a new constitution
was adopted.
In 1850, while serving in the House of Delegates, he was elected a member of
the Constitutional Convention, this making him a member of both bodies at the
same time. He was a member of the legislature during the exciting and
momentous days when the question of slavery was agitated and the celebrated
Wilmot Proviso, prohibiting slavery in the territory acquired from Mexico,
was the subject of general and excited discussion. Although an Abolitionist
from principle and opposed to the dissolution of the Union, Judge Ferguson
took the South-ern view with respect to all the other aspects of the question
and during the Civil War period was in sympathy with the cause of the South.
He supported the Clay compromise of 1850, which was subsequently adopted by
Congress, and in spite of his Southern leanings he always felt it to be his
duty to support the Federal Government in its measures of defense and in its
efforts to preserve the Union intact. In 1864 he was elected to the state
legislature from Cabell County and served until 1871, being chairman of the
Judiciary Committee throughout that period, except in 1865. He prepared and
indexed the Code of 1868 and his handiwork is seen in every line of the laws
of the State of West Virginia. Three years previously he had introduced a
bill abolishing slavery in West Virginia, which was passed after much
opposition, this being accomplished in advance of the adoption by other
states of the amendment to the constitution forbidding slavery.
In 1868 James H. Ferguson was elected Circuit Court Judge of the judicial
district composed of the counties of Logan, Boone, Lincoln, Wayne, and
Cabell, for a term of six years, but resigned his position on the bench
within two years in order to resume his private practice, in which the
emolu-ments were better adjusted to the volume of duties. He became chief
attorney for the C. & 0. Railroad in West Virginia.
In 1875 Judge Ferguson came to Kan-awba County, and in 1876 was again
elected to the House of Delegates, and one of the questions he took charge of
was the securing of the State House for Charleston. It was ever his policy to
avoid legal battles when matters could be otherwise adjusted. He was
recognized as a well-informed lawyer along almost every line of the
profes-sion, and on account of his knowledge of land laws his services were
sought by the late C. P. Huntington, General Wickham, Holmes Conrad, Senator
Camden and others, who relied implicitly on his advice. All classes had
reason to respect and honor him. He was untiring in his efforts to se-cure
better laws and protection for miners and would go fearlessly among them,
coun-selling and advising during periods of riots and disturbances. It was
due to his efforts that laws were made protecting the prop-erty and rights of
married women in the State.
In politics judge Ferguson was a Democrat, but he entertained a deep
veneration for President Lincoln, second only to that which he entertained
for Gen. Robert E. Lee. In the midst of all the stress and strain of his
particularly busy life, he perserved his religious faith, being a devout
Baptist, and in some way he found time to write numerous tracts on religious
subjects, particularly on that of baptism. In his days and section the use of
tobacco and alcohol was almost universal, but in his later years he abandoned
the use of both and became a strong advocate of prohibition. Perhaps nothing
more illustrates his inherent strength of character than this abandonment
from principle, at an advanced age, of a life long habit. Such action is a
strong moral lesson, and many such may be learned from a close study of Judge
Ferguson's life and character.
Judge Ferguson was married while living at Barboursville, Cabell County, to
Miss Lizzie A. Creel, who was born in Wood County, Va., in 1839, and who
still survives. Her parents were George A. and Prudence (Cook) Creel, the
former of whom belonged to a pioneer family that settled in Wood County in
1800. His wife Prudence was of Puritan ancestry, the Cooks having emigrated
to the American colonies from County Essex, England, in 1639. Mrs. Ferguson
was born on the old plantation known as Bacon Hall, in Wood County.
In closing this sketch it is not too much to say that Judge Ferguson stands
out in the history of West Virginia as one of its splendid pioneers. Through
his clear brain and steady hand was order brought out of chaos, the natural
result of the Civil War and leaving the Mother State. Broad, be-nevolent,
generous, his hand always ready to help the needy and oppressed-devoted in
his family, faithful in his friendships, truly in the words of the Old
Testament it can be said, "A Prince in Israel has fallen;" or in the words of
the New-"Behold a Gentile in whom there was no guile."
Sandy Spradling
SSpradling@AOL.com
State Contact for WV GenExchange
http://www.genexchange.com/wv/index.cfm
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