U.S. Data Repository http://www.us-data.org/ -- USGenNet Inc. -- Please read the U.S. Data Repository Copyright Statement on the following page: ------------------------------------------------------------------- McWhorter, Joseph Marcellus (1828-1913) ------------------------------------------------------------------- Men of West Virginia, Volume II Biographical Publishing Company George Richmond, Pres.: C. R. Arnold, Sec'y and Treas. Chicago, Illinois, 1903 Pages 588-594 HON. JOSEPH MARCELLUS McWHORTER, judge of the Tenth Judicial Circuit, ex-Auditor of West Virginia, is a prominent citizen who for many years has been one of the history makers of the State. His birth took place at a little settlement called McWhorter's Mills, seven miles north of Weston, Lewis County, Virginia, now West Virginia, April 30, 1828, and he is a son of Dr. Fields and Margaret M. (Kester) McWhorter, the former of whom spent the latter part of his life in Sullivan County, Missouri, where he died in 1892, aged 84 years. The latter was a daughter of Joseph Kester of Harrison County, Virginia, now West Virginia, a veteran of the Revolutionary War, who lived to the age of 87 years and was a member of a family of 27 children, 24 sons and three daughters. Few families can more clearly trace an honorable descent than can that of which Judge McWhorter is a member. The founders of the McWhorter family in America emigrated from the North of Ireland to New York, prior to the Revolutionary War. Henry McWhorter, the great-grandfather of Judge McWhorter, was the youngest in a family of six sons, — James, Thomas, John, Robert, Gilbert and Henry. The father died while the children were still young, necessitating the apprenticeship of the sons to various masters of trade in the neighborhood. Those were days of slavery but not of concerted "strikes" and when Henry was subjected to inhuman treatment, it is recorded that he ran away, and although but a lad of 16 years succeeded in entering the patriot army. With valor he served through the Revolutionary War and after its close he married Mary Fields, who was a daughter of Walter Fields, of New Jersey, and with his wife penetrated to the frontier, settling in Lewis County, Virginia, now West Virginia, on Hacker's Creek, near the present location of the town of Janelew. This was about the period of the close of the troubles with the Indians in that section. Henry McWhorter reared three sons, — John, Thomas and Walter, — and died in 1848, at the age of 87 years. He was one of the founders of the Methodist Church in that locality, and during many years was very active in religious work. He was succeeded by his son John, who inherited his sterling character and his military valor. In the War of 1812 he raised a company of soldiers, of which he was captain, and took a gallant part in that struggle. After the close of that episode, he returned to his country home, applied himself to the study of the law, was admitted to the bar and with power and ability practiced his profession until the age of 72 years. It was at this time that he became thoroughly convinced of the truths of Christianity, joined the Methodist Church, entered the local ministry and until his death at the age of 95 years served as a local preacher. The McWhorter family has been noted for many characteristics and its longevity has been truly remarkable. John McWhorter never married. His brother Thomas married Delilah Stalnaker, daughter of Samuel Stalnaker, and they reared a family of five children; one of these, Henry Stalnaker, became a soldier in the United States service when past the age of enlistment and was killed in battle during the Civil War. Walter McWhorter, the third son of Henry McWhorter, and the grandfather of Judge McWhorter, married Margaret Hurst, a lady of German descent. They settled on a farm and reared a family of 10 children, namely: Fields, Eli, Levi, John M., Walter, Mansfield, Mary, Elizabeth, Sarah and Cassa. In 1833 Dr. Fields McWhorter removed with his family to Morrow County, Ohio, where he practiced medicine for eight years, but in 1841 he returned to West Virginia, and, as noted, spent his last years in Missouri. The children of Dr. Fields McWhorter and wife were these: Joseph Marcellus, of this sketch; Henry C., a resident of Charleston, Kanawha County, who is one of the judges of the Supreme Court of Appeals of West Virginia; John D. W., who died in October, 1901, at Moberly, Missouri; Walter F., a member of the 9th Reg., West Virginia Vol. Inf., who was killed during the Civil War, at the battle of Cloyd's Mountain; Mary L.; Margaret E.; and Sarah A. Joseph Marcellus McWhorter accompanied his parents to Ohio and was then five years old and able and anxious to go to school. The educational advantages were far superior in Ohio than they were in the old home, and during the eight years of residence in the Buckeye State the boy studied hard in the public schools, regretting the return to his native State on account of the lack of school facilities. At this time in the latter State, no public education was afforded, and the children, who were not taught in their own homes, attended the subscription schools, paying from $2 to $2.50 for a session of three months, under very incompetent instructors. Judge McWhorter was the eldest in the family and the three following children were daughters. Hence, as his father was a man of very limited means, it early became necessary for the youth to study out a future career which he could make possible by his own efforts. With work on the farm and the securing of every advantage for education which came in his way, the youth attained his 21st year with a fair knowledge of the English branches, but with ambitions which encompassed a much wider horizon. The family military spirit came to the front for a season, influenced perhaps by the esteem and admiration he possessed for that soldier and Christian gentleman, "Stonewall" Jackson, who was a neighbor, and a graduate of West Point. So near was the career of one of West Virginia's distinguished jurists directed in another direction, that the fact of his being one year over age alone prevented his applying for a cadetship at West Point, which, with his recommendations and qualifications, he would no doubt have received. He then began teaching school during the autumn and winter months and from 1851 to 1856 employed his springs and summers on the farm. In March of the latter year, the organization of Roane County having been effected, he accepted an appointment as clerk of that county and two months later, was elected by a handsome majority to the same position, for a term of two years. At the end of that period, a general election taking place, he was the candidate chosen from seven aspirants, and was elected by a majority of 150. This was in 1856 and he capably filled that office and also that of deputy clerk of the Circuit Court, performing nearly all of the duties of both offices, necessitating much study and careful attention. Before his term of office closed, the Civil War was on the country and brought to Mr. McWhorter, as to many others, many complex problems to solve. He had been captain of a company of State militia for more than a year and had upheld against other States the superiority of his own, but the principles for which his beloved State was fighting found no honest response in his heart. He believed in the Union, he was opposed to slavery and could not sanction secession. On the other hand, he was a native of Virginia and owed her fealty, had been an office holder and he saw his friends and companions donning the Confederate gray. But even then, the future jurist saw his duty clearly, as so often since that crucial time he has done the same, and his resolution was soon formed. When a company in his neighborhood was formed to enter the Union Army, he enlisted as a private and served through the year 1861. Upon several occasions he was in great personal danger, one of these being a time when his party was surrounded by a force three times their number for almost a week. Relief came, when, one night, 24 volunteers crept out of the besieged camp and surprised and routed the enemy. This resulted in the raising of the siege and nearly the whole of the State troops later joined the Union forces. At the time of the outbreak of serious trouble, Mr. McWhorter packed up his public records and hid them in the house of a man in the country where they were preserved until a re-organization of the civil authorities was effected. In May, 1862, the government was reorganized at Wheeling and, an election being held, a Union man, James H. Brown, of Kanawha County, was elected judge of the Circuit Court and J. M. McWhorter, clerk of the same, and the hidden records were then brought to the Court House. Only one term was held, as a raiding party of Confederate cavalry destroyed the records of the court just held. On January 1, 1863, President Lincoln signed the bill by which West Virginia became a separate State. Mr. McWhorter was elected from Roane County to the first Legislature, held at Wheeling, June 20, 1863, and was soon placed on the judiciary committee. Probably few legislative bodies have had more serious questions to consider than came before this Legislature, and through it all may be traced the mental alertness and the wise judgment of Judge McWhorter. He was a loyal party man, but he was not swayed by party prejudices. His opposition to what is remembered as the "test oath" prescribed for all persons accepting office, can be recalled without effort of memory, he claiming it was unconstitutional and he continued to fight for what he believed was right although his party advocated and passed the bill. No one doubted his loyalty, his personal character was too high, but they regarded the bill in the light of an expediency and he could not approve of such legislation, as the Constitution already prescribed the oath to be taken. He turned his influence in many reformatory directions, one of these being common practice of the use of intoxicants on election days. Mr. McWhorter pointing out that frequently the voter would be even unable, by reason of the custom, to read the names on his ballot. He succeeded in procuring the passage of a law making it a penal offense to offer intoxicants on election days, the law still remaining in force and contributing to the peacefulness of these occasions, — other States have also adopted similar measures. Soon after the convening of the Legislature, General Morgan made a raid through Kentucky, crossed the Ohio River into Indiana and thence into Ohio, his object then seeming to be to get back in West Virginia. A portion of his command succeeded in crossing at Buffington's Island, but the main command was forced to seek a crossing higher up the river. Great excitement was produced all along the border and as it was suspected that the bridge at Wheeling was his objective point a company of defenders was formed, chiefly of members of the Legislature. They manned a boat, had two pieces of artillery, and with bales of hay as a barricade and armed with Enfield rifles they started up the river to prevent the Confederate general's crossing. As this was looked upon as a gunboat, a name which inspired terror, no enemy came in sight. Judge McWhorter possesses a regular discharge from his company, a paper he values highly. His father and two brothers also engaged in the Civil War. His father enlisted, although over age, in the 23rd Reg., Missouri Vol. Inf., took part in the battle of Shiloh, and served through the war. Capt. H. C. McWhorter and Walter F. McWhorter, brothers of our subject, were enrolled in the 9th Reg., West Virginia Vol. Infantry. After the adjournment of the first West Virginia Legislature, Mr. McWhorter was appointed by the Governor, State Superintendent of the Penitentiary, the object being to try to establish a system of labor for the convicts confined in the jail at Wheeling as a temporary penitentiary. However, the plan did not seem to promise real benefit to the State, and Mr. McWhorter resigned. In 1864, the Republican convention held at Grafton nominated him for State Auditor and not only was he elected to that high position but was re-elected for a second term in 1866; in 1868 he declined another nomination to that office and also refused to be considered as a candidate for the position of governor. He was strongly backed by his party and such papers as the Wheeling Intelligencer. In 1869 when the West Virginia Insurance Company was organized, he was elected its secretary and filled the position until March, 1870, when the resignation of Judge Harrison left a vacancy in the Circuit Court and he was appointed to the position, the district comprising the counties of Greenbrier, Monroe, Nicholas and Pocahontas. He then removed to Lewisburg where he has since resided. His term expired January 1, 1873, and in July of the same year he was appointed superintendent of the schools of Greenbrier County, where he has practiced his profession with marked success. As superintendent of schools, he infused new life into the system and instituted reforms which have been of lasting benefit. More than once has Judge McWhorter been approached with proffers of Congressional honors and at one time was nominated, but factions in the party and a large Democratic majority in the district, caused him to decline to run. President Garfield appointed him postmaster at Lewisburg and both before and after the war he had filled the same office at Spencer, Roane County. In 1892 he received the Republican nomination for judge of the Supreme Court of Appeals for the long term of 12 years. He ran the full strength of his party, but the Populist vote threw the election to the Democrats. In 1896 he was elected judge of the Tenth Judicial Circuit, by almost 500 majority, this district including Pocahontas, Greenbrier, Monroe, Summers and Fayette counties. Judge McWhorter has been twice married. In 1852 he married Julia A. Stalnaker, of Harrison County and these children were born to them: Alessandro; Artemus; Louis E.; Virgil S., deceased; William B.; Buell, deceased: Maggie E.; Joseph C.; Walter W., deceased; and Decie J. Mrs. McWhorter died August 26, 1869. On October 26, 1870, Judge McWhrter married Julia Kinsley, daughter of Rev. Hiram and Elsie S. Kinsley, of Geneva, Ohio, and these children were born to the second union: Emma L., Jennie P., Kinsley F., deceased, and Charles N. Judge McWhorter is identified with the Masonic fraternity. He is a prominent member of the Methodist Church, South. He long and honorable public career has won him universal respect. ------------------------------------------------------------------- REGISTER OF DEATHS, Greenbrier County, WV ASSESSMENT-DISTRICT: Lewisburg FULL-NAME: J. M. McWhorter DEATH-DATE: August 18, 1913 DEATH-PLACE: Lewisburg MARITAL-STATUS: Widower OCCUPATION: Lawyer CAUSE-OF-DEATH: Angina Pectoris INFORMANT: H. L. Beard (wife of J. M. McWhorter) REGISTER OF DEATHS, Greenbrier County, WV ASSESSMENT-DISTRICT: Lewisburg FULL-NAME: Mrs. Julia Kinsley McWhorter DEATH-DATE: June 24, 1913 DEATH-PLACE: Lewisburg MARITAL-STATUS: Married OCCUPATION: Housewife CAUSE-OF-DEATH: Cancer Stomach INFORMANT: H. L. Beard Tombstone in Old Stone Presbyterian Church Cemetery, Lewisburg, WV J. M. McWhorter (Apr. 30, 1828 -- Aug. 18, 1913) Julia Kinsley, his wife (Oct 26, 1837 -- June 24, 1913) ------------------------------------------------------------------- If you've reached this file through a SEARCH, you can access other biographies for Greenbrier County, WV by going to the following URL: http://www.us-data.org/wv/greenbrier/bios.html -------------------------------------------------------------------