Noah Haynes Swayne (December 7, 1804 – June 8, 1884) was an American

jurist A jurist is a person with expert knowledge of law; someone who analyzes and comments on law. This person is usually a specialist legal scholar, mostly (but not always) with a formal education in law (a law degree) and often a Lawyer, legal prac ...

and politician. He was the first Republican appointed as a justice to the

United States Supreme Court The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that turn on question ...

Early life

Swayne was born in

Frederick County, Virginia Frederick County is located in the Commonwealth of Virginia. As of the 2020 United States census, the population was 91,419. Its county seat is Winchester. The county was formed in 1743 by the splitting of Orange County. It is Virginia's nor ...

in the uppermost reaches of the

Shenandoah Valley The Shenandoah Valley () is a geographic valley and cultural region of western Virginia and the eastern panhandle of West Virginia in the United States. The Valley is bounded to the east by the Blue Ridge Mountains, to the west by the east ...

, approximately northwest of Washington D.C. He was the youngest of nine children of Joshua Swayne and Rebecca (Smith) Swayne. He was a descendant of Francis Swayne, who emigrated from England in 1710 and settled near

Philadelphia Philadelphia ( ), colloquially referred to as Philly, is the List of municipalities in Pennsylvania, most populous city in the U.S. state of Pennsylvania and the List of United States cities by population, sixth-most populous city in the Unit ...

. After his father died in 1809, Noah was educated locally until enrolling in Jacob Mendendhall's Academy in

Waterford, Virginia Waterford is a unique place of historic significance. The entire village and surrounding countryside is a National Historic Landmark District, noted for its well-preserved 18th and 19th-century character. It is an unincorporated village and c ...

, a respected Quaker school 1817–18. He began to study medicine in

Alexandria, Virginia Alexandria is an independent city (United States), independent city in Northern Virginia, United States. It lies on the western bank of the Potomac River approximately south of Washington, D.C., D.C. The city's population of 159,467 at the 2020 ...

, but abandoned this pursuit after his teacher Dr. George Thornton died in 1819. Despite his family having no money to support his continued education, he read law under John Scott and Francis Brooks in

Warrenton, Virginia Warrenton is a town in Fauquier County, Virginia, United States. It is the county seat. The population was 10,057 as of the 2020 United States census, 2020 census, an increase from 9,611 at the 2010 United States Census, 2010 census and 6,670 at ...

, and was admitted to the Virginia Bar in 1823. A devout

Quaker Quakers are people who belong to the Religious Society of Friends, a historically Protestant Christian set of denominations. Members refer to each other as Friends after in the Bible, and originally, others referred to them as Quakers ...

(and to date the only Quaker to serve on the Supreme Court), Swayne was deeply opposed to

slavery Slavery is the ownership of a person as property, especially in regards to their labour. Slavery typically involves compulsory work, with the slave's location of work and residence dictated by the party that holds them in bondage. Enslavemen ...

, and in 1824 his

abolitionist Abolitionism, or the abolitionist movement, is the political movement to end slavery and liberate enslaved individuals around the world. The first country to fully outlaw slavery was Kingdom of France, France in 1315, but it was later used ...

sentiments caused him to leave

Virginia Virginia, officially the Commonwealth of Virginia, is a U.S. state, state in the Southeastern United States, Southeastern and Mid-Atlantic (United States), Mid-Atlantic regions of the United States between the East Coast of the United States ...

for the free state of

Ohio Ohio ( ) is a U.S. state, state in the Midwestern United States, Midwestern region of the United States. It borders Lake Erie to the north, Pennsylvania to the east, West Virginia to the southeast, Kentucky to the southwest, Indiana to the ...

. He began a private practice in Coshocton and, in 1825, was elected Coshocton County Attorney. Four years later he was elected to the Ohio state legislature. In 1830 he was appointed

U.S. Attorney United States attorneys are officials of the U.S. Department of Justice who serve as the chief federal law enforcement officers in each of the 94 U.S. federal judicial districts. Each U.S. attorney serves as the United States' chief federal ...

for

Andrew Jackson Andrew Jackson (March 15, 1767 – June 8, 1845) was the seventh president of the United States from 1829 to 1837. Before Presidency of Andrew Jackson, his presidency, he rose to fame as a general in the U.S. Army and served in both houses ...

, and moved to Columbus to take up the new position. While serving as U.S. Attorney, Swayne was elected in 1834 to the Columbus City Council, and in 1836 to the

Ohio House of Representatives The Ohio House of Representatives is the lower house of the Ohio General Assembly, the state legislature of the U.S. state of Ohio; the other house of the bicameral legislature being the Ohio Senate. The House of Representatives first met in ...

. As U.S. Attorney, Swayne became close friends with

Supreme Court In most legal jurisdictions, a supreme court, also known as a court of last resort, apex court, high (or final) court of appeal, and court of final appeal, is the highest court within the hierarchy of courts. Broadly speaking, the decisions of ...

justice

John McLean John McLean (March 11, 1785 – April 4, 1861) was an American jurist and politician who served in the United States Congress, as U.S. Postmaster General, and as a justice of the Ohio and United States Supreme Courts. He was often discu ...

. McLean, by the end of his career, was a strong Republican, and when the party was formed in 1855 Swayne had become an early member and political organizer. In 1835, as escalating tensions in the boundary dispute between Ohio and

Michigan Territory The Territory of Michigan was an organized incorporated territory of the United States that existed from June 30, 1805, until January 26, 1837, when the final extent of the territory was admitted to the Union as the State of Michigan. Detroit ...

(the

Toledo War The Toledo War (1835–1836), also known as the Michigan–Ohio War or Ohio–Michigan War, was a boundary dispute between the U.S. state of Ohio and the adjoining territory of Michigan over what is now known as the Toledo Strip. Control of th ...

) threatened to erupt into violent conflict, Ohio Governor Robert Lucas dispatched Swayne, along with former Congressman William Allen and David T. Disney, to Washington D.C. to confer with President

. The delegation presented Ohio's case and urged the President to act swiftly to address the situation.

Supreme Court service

John McLean was one of two dissenters in the ''

Dred Scott Dred Scott ( – September 17, 1858) was an enslaved African American man who, along with his wife, Harriet, unsuccessfully sued for the freedom of themselves and their two daughters, Eliza and Lizzie, in the '' Dred Scott v. Sandford'' case ...

'' case. He sought the Republican nomination for President in 1860, losing to

Abraham Lincoln Abraham Lincoln (February 12, 1809 – April 15, 1865) was the 16th president of the United States, serving from 1861 until Assassination of Abraham Lincoln, his assassination in 1865. He led the United States through the American Civil War ...

. However, he recommended to Lincoln on a number of occasions that Swayne be nominated to replace him on the court. This proved timely; McLean died in April 1861, shortly after Lincoln's inauguration. As the

American Civil War The American Civil War (April 12, 1861May 26, 1865; also known by Names of the American Civil War, other names) was a civil war in the United States between the Union (American Civil War), Union ("the North") and the Confederate States of A ...

began, Swayne campaigned for the vacant seat, lobbying several Ohio members of Congress for their support. As the

Oyez Project The Oyez Project is an unofficial online multimedia archive website for the Supreme Court of the United States. It was initiated by the Illinois Institute of Technology's Chicago-Kent College of Law and now also sponsored by Cornell Law School Le ...

notes: "Swayne satisfied Lincoln's criteria for appointment: commitment to the Union, slavery opponent, geographically correct."Oyez: Noah Haynes Swayne Biography
, U.S. Supreme Court Media It is also believed that Swayne had represented fugitive slaves in court. So nine months after McLean's death, Swayne was nominated, on January 21, 1862. The nomination was confirmed by the

United States Senate The United States Senate is a chamber of the Bicameralism, bicameral United States Congress; it is the upper house, with the United States House of Representatives, U.S. House of Representatives being the lower house. Together, the Senate and ...

on January 24, 1862, with Swayne receiving his commission the same day. Three days later, on January 27, he took the judicial oath, thereby becoming the 35th justice of the Supreme Court. In ''United States v. Rhodes'', 1 Abb. U.S. 28 (C.C.D.Ky. 1867), Justice Swayne, riding on circuit, upheld the constitutionality of the Civil Rights Act of 1866 under the authority of the Thirteenth Amendment. He wrote, In the ''

Slaughterhouse Cases The ''Slaughter-House Cases'', 83 U.S. (16 Wall.) 36 (1873), was a landmark U.S. Supreme Court decision which ruled that the Privileges or Immunities Clause of the Fourteenth Amendment to the U.S. Constitution only protects the legal rights that ...

'', 83 U.S. 36 (1873) – a pivotal decision on the meaning of Section 1 of the relatively new Fourteenth Amendment to the

Constitution A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organization or other type of entity, and commonly determines how that entity is to be governed. When these pri ...

—Swayne dissented with justices

Salmon P. Chase Salmon Portland Chase (January 13, 1808May 7, 1873) was an American politician and jurist who served as the sixth chief justice of the United States from 1864 to his death in 1873. Chase served as the 23rd governor of Ohio from 1856 to 1860, r ...

Stephen Johnson Field Stephen Johnson Field (November 4, 1816 – April 9, 1899) was an American jurist. He was an Associate Justice of the United States Supreme Court from May 20, 1863, to December 1, 1897, the second longest tenure of any justice. Prior to this ap ...

, and

Joseph Bradley Joseph Philo Bradley (March 14, 1813 – January 22, 1892) was an American jurist who served as an associate justice of the Supreme Court of the United States from 1870 to 1892. He was also a member of the Electoral Commission that decided th ...

. Field's dissent was important, and presaged later decisions broadening the scope of the Fourteenth Amendment. However, four years later Swayne joined the majority in ''

Munn v. Illinois ''Munn v. Illinois'', 94 U.S. 113 (1876), was a United States Supreme Court case in which the Court upheld the power of state governments to regulate private industries that affect "the common good." Facts The case was developed because in 1871, ...

'', with Field still dissenting. Swayne's potential judicial greatness failed to materialize. He was the first of President Lincoln's five appointments to the Supreme Court; the other four were:

Samuel Freeman Miller Samuel Freeman Miller (April 5, 1816 – October 13, 1890) was an American lawyer and physician who served as an Associate Justice of the Supreme Court of the United States, associate justice of the United States Supreme Court, U.S. Supreme ...

and David Davis, both in 1862; Stephen Johnson Field, in 1863; and

, as chief justice, in 1864. He is also said to have been "the weakest" of the five. His main distinction was his staunch judicial support of the president's war measures: the Union blockade (''

Prize Cases ''Prize Cases'', 67 U.S. (2 Black) 635 (1863), was a case argued before the Supreme Court of the United States in 1862 during the American Civil War. The Supreme Court's decision declared the blockade of the Southern ports ordered by President ...

'', 67 U.S. 635 (1862)); issuance of

paper money Paper money, often referred to as a note or a bill (North American English), is a type of negotiable promissory note that is payable to the bearer on demand, making it a form of currency. The main types of paper money are government notes, which ...

(''i.e.'', greenbacks in the ''Legal Tender Cases''); and support for the presidential prerogative to declare

martial law Martial law is the replacement of civilian government by military rule and the suspension of civilian legal processes for military powers. Martial law can continue for a specified amount of time, or indefinitely, and standard civil liberties ...

(''

Ex Parte Milligan ''Ex parte Milligan'', 71 U.S. (4 Wall.) 2 (1866), is a landmark decision of the U.S. Supreme Court that ruled that the use of military tribunals to try civilians when civil courts are operating is unconstitutional. In this particular case, the ...

'', 71 U.S. 2 (1866)). He is most famous for his majority opinion in ''

Springer v. United States ''Springer v. United States'', 102 U.S. 586 (1881), was a case in which the United States Supreme Court upheld the federal income tax imposed under the Revenue Act of 1864. Background William M. Springer had filed a federal income tax return f ...

'', 102 U.S. 586 (1881), which upheld the Federal

income tax An income tax is a tax imposed on individuals or entities (taxpayers) in respect of the income or profits earned by them (commonly called taxable income). Income tax generally is computed as the product of a tax rate times the taxable income. Tax ...

imposed under the

Revenue Act of 1864 The Internal Revenue Act of 1864, 13 Stat. 223 (June 30, 1864), increased the income tax rates established by the Revenue Act of 1862. The measure was signed into law by President Abraham Lincoln. Provisions Section 116 of the Act imposed the tax ...

. In ''Gelpcke v. City of Dubuque'', 68 U.S. 175 (1864), Swayne wrote the majority opinion, repudiating a claim that the Iowa constitution could impair legal obligations to bondholders. When contracts are made on the basis of trust in past judicial decisions those contracts could not be impaired by any subsequent construction of the law. "We shall never immolate truth, justice, and the law, because a state tribunal has erected the altar and decreed the sacrifice." According to Lurie, he strongly supported "the contractual rights of railroad bond holders, even in the face of repudiation sanctioned both by the

Iowa Iowa ( ) is a U.S. state, state in the upper Midwestern United States, Midwestern region of the United States. It borders the Mississippi River to the east and the Missouri River and Big Sioux River to the west; Wisconsin to the northeast, Ill ...

state legislature A state legislature is a Legislature, legislative branch or body of a State (country subdivision), political subdivision in a Federalism, federal system. Two federations literally use the term "state legislature": * The legislative branches of ...

and state

supreme court In most legal jurisdictions, a supreme court, also known as a court of last resort, apex court, high (or final) court of appeal, and court of final appeal, is the highest court within the hierarchy of courts. Broadly speaking, the decisions of ...

. Obligations sacred to law are not to be destroyed simply because 'a state tribunal has erected the altar and decreed the sacrifice.'" For a later decision on impairment of contracts, ''compare'' ''

Lochner v. New York ''Lochner v. New York'', 198 U.S. 45 (1905), was a List of landmark court decisions in the United States, landmark decision of the Supreme Court of the United States, U.S. Supreme Court holding that a New York (state), New York State statute th ...

'', 198 U.S. 45 (1905). Swayne remained on the court until 1881, twice lobbying unsuccessfully to be elevated to the position of chief justice (after the death of

Roger Taney Roger Brooke Taney ( ; March 17, 1777 – October 12, 1864) was an American lawyer and politician who served as the fifth chief justice of the United States, holding that office from 1836 until his death in 1864. Taney delivered the majority opin ...

in 1864 and Salmon Chase in 1873). After his retirement, Swayne returned to Ohio.

Retirement, death and legacy

Swayne is not regarded as a particularly distinguished justice. He wrote few opinions, usually signing on to opinions written by others, and remained on the court well past his physical prime, being quite infirm at his retirement. Under pressure from

President President most commonly refers to: *President (corporate title) * President (education), a leader of a college or university *President (government title) President may also refer to: Arts and entertainment Film and television *'' Præsident ...

Rutherford B. Hayes Rutherford Birchard Hayes (; October 4, 1822 – January 17, 1893) was the 19th president of the United States, serving from 1877 to 1881. Hayes served as Cincinnati's city solicitor from 1858 to 1861. He was a staunch Abolitionism in the Un ...

, he finally agreed to retire on the condition that his friend and fellow Ohio attorney

Stanley Matthews Sir Stanley Matthews (1 February 1915 – 23 February 2000) was an English Association football, footballer who played as an Forward (association football)#Outside forward, outside right. Often regarded as one of the greatest players of the Br ...

replace him. His son, Wager Swayne, served in the

, rose to the rank of Major General, served as the military governor of Alabama after the Civil War, and subsequently founded law firms in Toledo, Ohio and New York City. Wager's son, named Noah Hayes Swayne after his grandfather, was president of Burns Brothers, the largest coal distributor in the U.S. when he retired in September 1932. Another of Wager's sons, Alfred Harris Swayne, was vice president of General Motors Corporation. Another of Justice Swayne's sons, Noah Swayne, was a lawyer in Toledo and donated the land for Swayne Field, the former field for the

Toledo Mud Hens The Toledo Mud Hens are a Minor League Baseball team of the International League and the Triple-A affiliate of the Detroit Tigers. They are located in Toledo, Ohio, and play their home games at Fifth Third Field. A baseball team nicknamed the ...

baseball team. After his death in 1884, Justice Swayne is buried at the Oak Hill Cemetery in Washington, D.C.

Supreme Court Historical Society The Supreme Court Historical Society (SCHS) describes itself as "a Washington, D.C.–based private, nonpartisan, not for profit 501(c)(3) membership organization dedicated to preserving and communicating the history of the U.S. Supreme Court, in ...

. Chief Justice

Edward Douglass White Edward Douglass White Jr. (November 3, 1845 – May 19, 1921) was an American politician and jurist. A native of Louisiana, White was a Supreme Court of the United States, U.S. Supreme Court justice for 27 years, first as an Associate Justice of ...

and justice-designate

Edwin M. Stanton Edwin McMasters Stanton (December 19, 1814December 24, 1869) was an American lawyer and politician who served as U.S. secretary of war under the Lincoln Administration during most of the American Civil War. Stanton's management helped organize ...

(President

Ulysses S. Grant Ulysses S. Grant (born Hiram Ulysses Grant; April 27, 1822July 23, 1885) was the 18th president of the United States, serving from 1869 to 1877. In 1865, as Commanding General of the United States Army, commanding general, Grant led the Uni ...

's nomination of Stanton was confirmed by the Senate, but Stanton died before he could be sworn in) are also buried there. A collection of Swayne's legal papers, pre-dating his service as a Justice, is housed at the

Ohio Historical Society Ohio History Connection, formerly The Ohio State Archaeological and Historical Society and Ohio Historical Society, is a nonprofit organization incorporated in 1885. Headquartered at the Ohio History Center in Columbus, Ohio, Ohio History Connect ...

, and correspondence with him is also located at other repositories.Location of papers, Sixth Circuit
U.S. Court of Appeals.

References

Some data drawn in part from:
Noah Haynes Swayne
at

Oyez Oyez (, , ; more rarely with the word stress at the beginning) is a traditional interjection said two or three times in succession to introduce the opening of a court of law. The interjection was also traditionally used by town criers to attract ...

br>Official Supreme Court media, Noah Haynes Swayne.

External links

* {{DEFAULTSORT:Swayne, Noah Haynes 1804 births 1884 deaths American abolitionists American Quakers Burials at Oak Hill Cemetery (Washington, D.C.) Columbus City Council members Justices of the Supreme Court of the United States Republican Party members of the Ohio House of Representatives Ohio lawyers People from Frederick County, Virginia People from Coshocton, Ohio People of Ohio in the American Civil War Quaker abolitionists United States attorneys for the District of Ohio United States federal judges appointed by Abraham Lincoln Virginia lawyers 19th-century members of the Ohio General Assembly

Early life

Supreme Court service

Retirement, death and legacy

See also

References

Further reading

External links