Marcus Morton (judge)
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Marcus Morton (April 8, 1819 – February 10, 1891), American lawyer and jurist who served as chief justice of the
Massachusetts Supreme Judicial Court The Massachusetts Supreme Judicial Court (SJC) is the highest court in the Commonwealth of Massachusetts. Although the claim is disputed by the Supreme Court of Pennsylvania, the SJC claims the distinction of being the oldest continuously fu ...
, was born in
Taunton Taunton () is the county town of Somerset, England. It is a market town and has a Minster (church), minster church. Its population in 2011 was 64,621. Its thousand-year history includes a 10th-century priory, monastic foundation, owned by the ...
, the son of future
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Marcus Morton and his wife Charlotte (''née'' Hodges). He attended Bristol County Academy, was graduated from
Brown University Brown University is a Private university, private Ivy League research university in Providence, Rhode Island, United States. It is the List of colonial colleges, seventh-oldest institution of higher education in the US, founded in 1764 as the ' ...
in 1838, and from
Harvard Law School Harvard Law School (HLS) is the law school of Harvard University, a Private university, private research university in Cambridge, Massachusetts. Founded in 1817, Harvard Law School is the oldest law school in continuous operation in the United ...
in 1840. After one year in the Boston office of Judge Peleg Sprague, he was admitted to the
Suffolk Suffolk ( ) is a ceremonial county in the East of England and East Anglia. It is bordered by Norfolk to the north, the North Sea to the east, Essex to the south, and Cambridgeshire to the west. Ipswich is the largest settlement and the county ...
bar in 1841 and practised in Boston for seventeen years. His first appearance in a public position was as a member of the Massachusetts Constitutional Convention of 1853, in which he sat for
Andover Andover may refer to: Places Australia *Andover, Tasmania Canada * Andover Parish, New Brunswick * Perth-Andover, New Brunswick United Kingdom * Andover, Hampshire, England ** RAF Andover, a former Royal Air Force station United States * Andov ...
, his home from 1850. In 1858 he served in the state
House of Representatives House of Representatives is the name of legislative bodies in many countries and sub-national entities. In many countries, the House of Representatives is the lower house of a bicameral legislature, with the corresponding upper house often ...
, where he was chairman of the committee on elections and rendered reports on important questions regarding election law, which the House came to follow. His judicial service began with his appointment in 1858 to the superior court of Suffolk County and continued unbroken for over thirty-two years. During these years he was one of the original ten members of the state superior court, organized in 1859; Justice of the Supreme Judicial Court of Massachusetts from April 15, 1869; and chief justice from January 16, 1882 to August 27, 1890, at which time he resigned because of ill health. He died of heart failure in Andover, leaving his widow, whom, as Abby B. Hoppin of
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, he had married on October 19, 1843, a son, and five daughters. Morton was by temperament an excellent judge, thorough, strong and reliable rather than brilliant, rapid in assimilating materials and in dispatching business, always accessible, of sufficient learning, courageous in deciding according to his convictions, and of unusual practical sagacity and native shrewdness. Possessed of a direct and vigorous sense of justice, he viewed cases comprehensively, aiming at substantial justice rather than "the sharp quillets of the law". His summaries to juries were characterized by their simplicity, intelligibility, accurate sense of proportion, and impartiality. His judgments, of which over twelve hundred are recorded in the ''Massachusetts Reports'', are compact, clear, and forcible, and, in the opinion of his associates, contain few dicta which will require overruling or qualifications. As a ''
nisi prius ''Nisi prius'' () (Latin: "unless before") is a historical term in English law. In the 19th century, it came to be used to denote generally all legal actions tried before judges of the King's Bench Division and in the early twentieth century for a ...
'' judge he is said to have had few equals in the history of the Commonwealth of Massachusetts. In private life he was plain and unassuming and, though of great personal charm and popularity, averse to public display.


References

*''Dictionary of American Biography'', vol. 13, pp. 261–2. New York,
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, 1934. {{DEFAULTSORT:Morton, Marcus 1819 births 1891 deaths Members of the Massachusetts House of Representatives Brown University alumni Harvard Law School alumni Chief justices of the Massachusetts Supreme Judicial Court People from Taunton, Massachusetts 19th-century Massachusetts state court judges 19th-century members of the Massachusetts General Court