Thomas Stanley Matthews (July 21, 1824 – March 22, 1889), known as Stanley Matthews in adulthood,
was an American
attorney, soldier, judge and
Republican senator
A senate is a deliberative assembly, often the upper house or Legislative chamber, chamber of a bicameral legislature. The name comes from the Ancient Rome, ancient Roman Senate (Latin: ''Senatus''), so-called as an assembly of the senior ...
from
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 ...
who became an
associate justice
An associate justice or associate judge (or simply associate) is a judicial panel member who is not the chief justice in some jurisdictions. The title "Associate Justice" is used for members of the Supreme Court of the United States and some ...
of 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 ...
, serving from May 1881 to his death in 1889. A
progressive justice, he was the author of the landmark rulings ''
Yick Wo v. Hopkins'' and ''
Ex parte Crow Dog.''
Early life and education
Matthews was born July 21, 1824, in
Cincinnati, Ohio
Cincinnati ( ; colloquially nicknamed Cincy) is a city in Hamilton County, Ohio, United States, and its county seat. Settled in 1788, the city is located on the northern side of the confluence of the Licking River (Kentucky), Licking and Ohio Ri ...
. He was the oldest of 11 children born to Thomas J. Matthews and Isabella Brown Matthews (his second wife).
[
He graduated from ]Kenyon College
Kenyon College ( ) is a Private university, private Liberal arts colleges in the United States, liberal arts college in Gambier, Ohio, United States. It was founded in 1824 by Episcopal Bishop Philander Chase. It is the oldest private instituti ...
in 1840. While there he met future president of the United States
The president of the United States (POTUS) is the head of state and head of government of the United States. The president directs the Federal government of the United States#Executive branch, executive branch of the Federal government of t ...
Rutherford B. Hayes and close friend John Celivergos Zachos. Matthews moved to his hometown Cincinnati with Zachos. Zachos and Matthews were roommates. In Cincinnati Matthews studied law under Salmon P. Chase but he moved to Columbia, Tennessee, where he practiced law and edited the local newspaper from 1842 and 1844. Matthews returned to Cincinnati in 1844, and was admitted to the bar the following year.[ In Cincinnati Matthews edited the antislavery newspaper '' Cincinnati Morning Herald'' and practiced law from 1853 to 1858.]["Topping, Eva Catafygiotu"](_blank)
''John Zachos Cincinnatian from Constantinople'' The Cincinnati Historical Society Bulletin Volumes 33-34 Cincinnati Historical Society 1975: p. 51
In 1849, Stanley Matthews, John Celivergos Zachos, Ainsworth Rand Spofford and 9 others founded the Literary Club of Cincinnati. One year later Rutherford B. Hayes became a member. Other prominent members included future President William Howard Taft
William Howard Taft (September 15, 1857March 8, 1930) served as the 27th president of the United States from 1909 to 1913 and the tenth chief justice of the United States from 1921 to 1930. He is the only person to have held both offices. ...
and notable club guests Ralph Waldo Emerson
Ralph Waldo Emerson (May 25, 1803April 27, 1882), who went by his middle name Waldo, was an American essayist, lecturer, philosopher, minister, abolitionism, abolitionist, and poet who led the Transcendentalism, Transcendentalist movement of th ...
, Booker T. Washington, Mark Twain
Samuel Langhorne Clemens (November 30, 1835 – April 21, 1910), known by the pen name Mark Twain, was an American writer, humorist, and essayist. He was praised as the "greatest humorist the United States has produced," with William Fau ...
, Charles Dickens
Charles John Huffam Dickens (; 7 February 1812 – 9 June 1870) was an English novelist, journalist, short story writer and Social criticism, social critic. He created some of literature's best-known fictional characters, and is regarded by ...
, Oscar Wilde
Oscar Fingal O'Fflahertie Wills Wilde (16 October 185430 November 1900) was an Irish author, poet, and playwright. After writing in different literary styles throughout the 1880s, he became one of the most popular and influential playwright ...
and Robert Frost
Robert Lee Frost (March26, 1874January29, 1963) was an American poet. Known for his realistic depictions of rural life and his command of American Colloquialism, colloquial speech, Frost frequently wrote about settings from rural life in New E ...
.
Early legal career
Matthews was selected to serve as the clerk of 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 ...
in 1848, and afterward served as a county judge in Hamilton County, Ohio
Hamilton County is located in the southwestern corner of the U.S. state of Ohio. As of the 2020 United States census, 2020 census, the population was 830,639, making it the List of counties in Ohio, third-most populous county in Ohio. The coun ...
. He was then elected to the Ohio State Senate for the 1st district, where he served from 1856 to 1858. He was then appointed as United States 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 the Southern District of Ohio, serving from 1858 to 1861.
Military service
At the outbreak of 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 ...
, Matthews resigned as U.S. Attorney and accepted a commission as lieutenant colonel with the 23rd Ohio Infantry Regiment of the Union Army. His superior officers included Colonel William S. Rosecrans and Major Rutherford B. Hayes, who would later become President of the United States
The president of the United States (POTUS) is the head of state and head of government of the United States. The president directs the Federal government of the United States#Executive branch, executive branch of the Federal government of t ...
. The regiment also included future President William McKinley, who served as a private and later rose to the rank of major
Major most commonly refers to:
* Major (rank), a military rank
* Academic major, an academic discipline to which an undergraduate student formally commits
* People named Major, including given names, surnames, nicknames
* Major and minor in musi ...
.
Matthews served with the 23rd Ohio Infantry during the early campaigns in West Virginia and fought at the Battle of Carnifex Ferry on September 10, 1861. But Matthews did not enjoy the respect of his troops, and within a year he resigned from the 23rd Ohio Infantry.
After leaving the 23rd Ohio Infantry, Matthews was appointed colonel
Colonel ( ; abbreviated as Col., Col, or COL) is a senior military Officer (armed forces), officer rank used in many countries. It is also used in some police forces and paramilitary organizations.
In the 17th, 18th, and 19th centuries, a colon ...
of the 51st Ohio Infantry Regiment in 1862. He commanded a brigade in the Army of the Ohio
The Army of the Ohio was the name of two Union Army, Union armies in the American Civil War. The first army became the Army of the Cumberland and the second army was created in 1863.
History
1st Army of the Ohio
General Orders No. 97 appointed ...
, which later became known as the Army of the Cumberland.
State judge, lawyer and politician
In 1863, Matthews resigned from the Union Army and returned to Ohio, where he was elected judge of the Superior Court of Cincinnati. Two years later, he returned to private practice. During the post-war reconstruction era
The Reconstruction era was a period in History of the United States, US history that followed the American Civil War (1861-65) and was dominated by the legal, social, and political challenges of the Abolitionism in the United States, abol ...
, Matthews represented the railroad
Rail transport (also known as train transport) is a means of transport using wheeled vehicles running in railway track, tracks, which usually consist of two parallel steel railway track, rails. Rail transport is one of the two primary means of ...
industry. His clients included Jay Gould
Jason Gould (; May 27, 1836 – December 2, 1892) was an American railroad magnate and financial speculator who founded the Gould family, Gould business dynasty. He is generally identified as one of the Robber baron (industrialist), robber bar ...
.
He ran for the United States House of Representatives
The United States House of Representatives is a chamber of the Bicameralism, bicameral United States Congress; it is the lower house, with the U.S. Senate being the upper house. Together, the House and Senate have the authority under Artic ...
in 1876
Events
January
* January 1
** The Reichsbank opens in Berlin.
** The Bass Brewery Red Triangle becomes the world's first registered trademark symbol.
*January 27 – The Northampton Bank robbery occurs in Massachusetts.
February
* Febr ...
, but was defeated. Then, in early 1877, he represented Rutherford B. Hayes before the electoral commission
An election commission is a body charged with overseeing the implementation of electioneering process of any country. The formal names of election commissions vary from jurisdiction to jurisdiction, and may be styled an electoral commission, a c ...
that Congress created to resolve the disputed 1876 presidential election.[ That same year Matthews won a ]special election
A by-election, also known as a special election in the United States and the Philippines, or a bypoll in India, is an election used to fill an office that has become vacant between general elections.
A vacancy may arise as a result of an incumben ...
to the Senate to fill a vacancy created by the resignation of John Sherman. He did not seek reelection.
Associate justice
Matthews was initially nominated an associate justice
An associate justice or associate judge (or simply associate) is a judicial panel member who is not the chief justice in some jurisdictions. The title "Associate Justice" is used for members of the Supreme Court of the United States and some ...
of 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 ...
on January 26, 1881, by President Hayes in the last weeks of Hayes's presidency. The nomination ran into opposition in the U.S. Senate because of Matthews's close ties to railroad interests and due to his close long-term friendship with Hayes. Consequently, the Judiciary Committee took no action on the nomination during the remainder of the 46th Congress.
On March 14, 1881, 10 days after taking office, President James A. Garfield re-nominated Matthews to the Court.[ Though a new nomination from a new president, earlier concerns about Matthews's suitability for the Court persisted, and Garfield was widely criticized for re-submitting Matthews's name.][ In spite of the opposition, and, although the Judiciary Committee made a recommendation to the Senate that it reject the nomination,] on May 12, the Senate voted 24–23 to confirm Matthews. The vote was the closest for any successful Supreme Court nominee in U.S. Senate history; no other justice has been confirmed by a single vote.
Matthews's tenure as a member of the Supreme Court began on May 17, 1881, when he took the judicial oath, and ended March 22, 1889, upon his death.[ He was regarded as one of the more progressive justices on the Court at the time.][
]
''Yick Wo v. Hopkins''
In 1880, the city of San Francisco, California
San Francisco, officially the City and County of San Francisco, is a commercial, Financial District, San Francisco, financial, and Culture of San Francisco, cultural center of Northern California. With a population of 827,526 residents as of ...
passed an ordinance that persons could not operate a laundry in a wooden building without a permit from the Board of Supervisors. The ordinance conferred upon the Board of Supervisors the discretion to grant or withhold the permits. At the time, about 95% of the city's 320 laundries were operated in wooden buildings. Approximately two-thirds of those laundries were owned by Chinese persons. Although most of the city's wooden building laundry owners applied for a permit, none were granted to any Chinese owner, while virtually all non-Chinese applicants were granted a permit. Yick Wo (益和, Pinyin: Yì Hé, Americanization: Lee Yick), who had lived in California and had operated a laundry in the same wooden building for many years and held a valid license to operate his laundry issued by the Board of Fire-Wardens, continued to operate his laundry and was convicted and fined $10.00 for violating the ordinance. He sued for a writ of habeas corpus after he was imprisoned in default for having refused to pay the fine.
The Court, in a unanimous opinion written by Justice Matthews, found that the administration of the statute in question was discriminatory and that there was therefore no need to even consider whether the ordinance itself was lawful. Even though the Chinese laundry owners were usually not American citizens, the court ruled they were still entitled to equal protection under the Fourteenth Amendment. Justice Matthews also noted that the court had previously ruled that it was acceptable to hold administrators of the law liable when they abused their authority. He denounced the law as a blatant attempt to exclude Chinese from the laundry trade in San Francisco, and the court struck down the law, ordering dismissal of all charges against other laundry owners who had been jailed.
Personal life
In 1843, Matthews married Mary Ann "Minnie" Black. They had 10 children, four of whom died during an outbreak of scarlet fever
Scarlet fever, also known as scarlatina, is an infectious disease caused by ''Streptococcus pyogenes'', a Group A streptococcus (GAS). It most commonly affects children between five and 15 years of age. The signs and symptoms include a sore ...
in 1859.[ Over a three-week period, the outbreak claimed the lives of their three eldest sons (nine-year-old Morrison, six-year-old Stanley, and four-year-old Thomas) as well as younger daughter Mary (age two-and-a-half). Oldest daughter Isabella (seven at the time) and baby William Mortimer survived the devastating outbreak, although Isabella would die in 1868 at the age of sixteen. Their four younger children (Grace, Eva, Jane, and another son named Stanley, later called ]Paul
Paul may refer to:
People
* Paul (given name), a given name, including a list of people
* Paul (surname), a list of people
* Paul the Apostle, an apostle who wrote many of the books of the New Testament
* Ray Hildebrand, half of the singing duo ...
) were born after the scarlet fever outbreak.
"Minnie" died in Washington, D.C., on January 22, 1885, at age 63. Matthews married Mary Frances Theaker née Kellogg, widow of Thomas Clarke Theaker, on June 23, 1886, in New York.
Death and legacy
Matthews's health declined precipitously during 1888; he died in Washington, D.C., on March 22, 1889. He was survived by second wife Mary, as well as five of his children with Minnie: Mortimer, Grace, Eva, Jane, and Paul
Paul may refer to:
People
* Paul (given name), a given name, including a list of people
* Paul (surname), a list of people
* Paul the Apostle, an apostle who wrote many of the books of the New Testament
* Ray Hildebrand, half of the singing duo ...
. He is interred at Spring Grove Cemetery in Cincinnati, Ohio.[ Supreme Court Historical Society.]
Daughter Jane Matthews married her late father's colleague on the Court, Associate Justice Horace Gray, on June 4, 1889. Daughter Eva Lee Matthews became a schoolteacher and monastic, founding the Community of the Transfiguration, which engaged in charity work in Ohio, Hawaii and in China, leading to her liturgical commemoration in the Episcopal Church. Son Paul Clement
Paul Drew Clement (born June 24, 1966) is an American attorney who served as United States Solicitor General, U.S. Solicitor General from 2005 to 2008 and is known for his advocacy before the Supreme Court of the United States, U.S. Supreme Cou ...
was bishop of the Episcopal Diocese of New Jersey from 1915 to 1937. His son, Justice Matthews's grandson, Thomas Stanley, was editor of ''Time
Time is the continuous progression of existence that occurs in an apparently irreversible process, irreversible succession from the past, through the present, and into the future. It is a component quantity of various measurements used to sequ ...
'' magazine from 1949 to 1953.
A collection of Justice Matthews's correspondence and other papers is located at the Rutherford B. Hayes Presidential Center library in Fremont, Ohio
Fremont is a city in Sandusky County, Ohio, United States, and its county seat. It is located along the Sandusky River about southeast of Toledo, Ohio, Toledo and west of Sandusky, Ohio, Sandusky. The population was 15,930 at the 2020 United St ...
and open for research. Additional papers and collections are at: Cincinnati Historical Society, Cincinnati, Ohio; Library of Congress
The Library of Congress (LOC) is a research library in Washington, D.C., serving as the library and research service for the United States Congress and the ''de facto'' national library of the United States. It also administers Copyright law o ...
, Manuscript and Prints & Photographs Divisions, Washington, D.C.
Washington, D.C., formally the District of Columbia and commonly known as Washington or D.C., is the capital city and federal district of the United States. The city is on the Potomac River, across from Virginia, and shares land borders with ...
; 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 ...
, Columbus, Ohio
Columbus (, ) is the List of capitals in the United States, capital and List of cities in Ohio, most populous city of the U.S. state of Ohio. With a 2020 United States census, 2020 census population of 905,748, it is the List of United States ...
; Pierpont Morgan Library
The Morgan Library & Museum (originally known as the Pierpont Morgan Library and colloquially known the Morgan) is a museum and research library in New York City, New York, U.S. Completed in 1906 as the private library of the banker J. P. Morg ...
, New York, New York; State Historical Society of Wisconsin, Archives Division, Madison, Wisconsin
Madison is the List of capitals in the United States, capital city of the U.S. state of Wisconsin. It is the List of municipalities in Wisconsin by population, second-most populous city in the state, with a population of 269,840 at the 2020 Uni ...
; and Mississippi State Department of Archives and History, Jackson, Mississippi
Jackson is the List of capitals in the United States, capital and List of municipalities in Mississippi, most populous city of the U.S. state of Mississippi. The city sits on the Pearl River (Mississippi–Louisiana), Pearl River and is locate ...
.Location of papers, Sixth Circuit
United States Court of Appeals.
See also
* List of United States Supreme Court Justices who also served in Congress
* Waite Court
The Waite Court was the Supreme Court of the United States from 1874 to 1888, when Morrison Waite served as the seventh Chief Justice of the United States. Waite succeeded Salmon P. Chase as Chief Justice after the latter's death. Waite served as ...
* Fuller Court
The Fuller Court refers to the Supreme Court of the United States from 1888 to 1910, when Melville Fuller served as the eighth Chief Justice of the United States. Fuller succeeded Morrison R. Waite as Chief Justice after the latter's death, and F ...
Notes
References
Further reading
*
Bibliography, biography and location of papers, Sixth Circuit
U.S. Court of Appeals.
*
*
*
*
*
*
*
External links
Stanley Matthews
at the '' Biographical Directory of Federal Judges'', a public domain
The public domain (PD) consists of all the creative work to which no Exclusive exclusive intellectual property rights apply. Those rights may have expired, been forfeited, expressly Waiver, waived, or may be inapplicable. Because no one holds ...
publication of the Federal Judicial Center
The Federal Judicial Center is the education and research agency of the United States federal courts. It was established by in 1967, at the recommendation of the Judicial Conference of the United States.
According to , the main areas of re ...
. Retrieved June 29, 2019.
Stanley Matthews
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 ...
, a project of the Illinois Institute of Technology
The Illinois Institute of Technology, commonly referred to as Illinois Tech and IIT, is a Private university, private research university in Chicago, Illinois, United States. Tracing its history to 1890, the present name was adopted upon the m ...
's Chicago-Kent College of Law
The Chicago-Kent College of Law is the law school of the Illinois Institute of Technology, a private research university in Chicago, Illinois. It is the second oldest law school in the state of Illinois (after Northwestern Law).
Chicago-Kent wa ...
. Retrieved June 29, 2019.
*
{{DEFAULTSORT:Matthews, Thomas Stanley
1824 births
1889 deaths
19th-century American newspaper editors
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American male journalists
American Presbyterians
Burials at Spring Grove Cemetery
Judges of the Superior Court of Cincinnati
Kenyon College alumni
Ohio Democrats
Ohio lawyers
Ohio Libertyites
Ohio state court judges
Ohio state senators
People of Ohio in the American Civil War
Politicians from Cincinnati
Republican Party United States senators from Ohio
Tennessee lawyers
Union army officers
United States attorneys for the Southern District of Ohio
United States federal judges appointed by James A. Garfield
Justices of the Supreme Court of the United States
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