James Moore Wayne (1790 – July 5, 1867) was an American attorney, judge and politician who served as an
Associate Justice of the Supreme Court of the United States
An associate justice of the Supreme Court of the United States is any member of the Supreme Court of the United States other than the chief justice of the United States. The number of associate justices is eight, as set by the Judiciary Act of 18 ...
from 1835 to 1867. He previously served as the 16th Mayor of
Savannah, Georgia
Savannah ( ) is the oldest city in the U.S. state of Georgia (U.S. state), Georgia and is the county seat of Chatham County, Georgia, Chatham County. Established in 1733 on the Savannah River, the city of Savannah became the Kingdom of Great Br ...
from 1817 to 1819 and the member of the
United States House of Representatives
The United States House of Representatives, often referred to as the House of Representatives, the U.S. House, or simply the House, is the Lower house, lower chamber of the United States Congress, with the United States Senate, Senate being ...
for
Georgia's at-large congressional district
From 1793 to 1827 and again from 1829 to 1845, Georgia elected all its Representatives in Congress from a single multi-member at-large congressional district.
*From 1793 to 1803 Georgia elected 2 Representatives at large.
*From 1803 to 1813 Geor ...
from 1829 to 1835, when he was appointed to the
Supreme Court
A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of ...
by President
Andrew Jackson
Andrew Jackson (March 15, 1767 – June 8, 1845) was an American lawyer, planter, general, and statesman who served as the seventh president of the United States from 1829 to 1837. Before being elected to the presidency, he gained fame as ...
. He was a member of the
Democratic Party Democratic Party most often refers to:
*Democratic Party (United States)
Democratic Party and similar terms may also refer to:
Active parties Africa
*Botswana Democratic Party
*Democratic Party of Equatorial Guinea
*Gabonese Democratic Party
*Demo ...
.
Early life
Wayne was born in
Savannah, Georgia
Savannah ( ) is the oldest city in the U.S. state of Georgia (U.S. state), Georgia and is the county seat of Chatham County, Georgia, Chatham County. Established in 1733 on the Savannah River, the city of Savannah became the Kingdom of Great Br ...
in 1790. He was the son of Richard Wayne, who came to America in 1760, and married Elizabeth (
née
A birth name is the name of a person given upon birth. The term may be applied to the surname, the given name, or the entire name. Where births are required to be officially registered, the entire name entered onto a birth certificate or birth re ...
Clifford) Wayne on September 14, 1769.
James' mother died in 1804 when James was fourteen years old. His sister Mary Wayne, wife of Richard Stites, was the great-grandmother of
Juliette Gordon Low
Juliette Gordon Low (October 31, 1860 – January 17, 1927) was the American founder of Girl Scouts of the USA. Inspired by the work of Lord Baden-Powell, founder of Boy Scouts, she joined the Girl Guide movement in England, forming her own gro ...
, the founder of the
Girl Scouts of the USA
Girl Scouts of the United States of America (GSUSA), commonly referred to as simply Girl Scouts, is a youth organization for girls in the United States and American girls living abroad. Founded by Juliette Gordon Low in 1912, it was organized a ...
.
After completing preparatory studies, Wayne attended The College of New Jersey (today known as
Princeton University
Princeton University is a private university, private research university in Princeton, New Jersey. Founded in 1746 in Elizabeth, New Jersey, Elizabeth as the College of New Jersey, Princeton is the List of Colonial Colleges, fourth-oldest ins ...
), where he graduated in 1808.
After Princeton, he
read law
Reading law was the method used in common law countries, particularly the United States, for people to prepare for and enter the legal profession before the advent of law schools. It consisted of an extended internship or apprenticeship under the ...
to be admitted to the
bar
Bar or BAR may refer to:
Food and drink
* Bar (establishment), selling alcoholic beverages
* Candy bar
* Chocolate bar
Science and technology
* Bar (river morphology), a deposit of sediment
* Bar (tropical cyclone), a layer of cloud
* Bar (u ...
in 1810, and began his practice in Savannah.
Career
From 1812 to 1815, during the
War of 1812
The War of 1812 (18 June 1812 – 17 February 1815) was fought by the United States of America and its indigenous allies against the United Kingdom and its allies in British North America, with limited participation by Spain in Florida. It bega ...
, he served in the
United States Army
The United States Army (USA) is the land service branch of the United States Armed Forces. It is one of the eight U.S. uniformed services, and is designated as the Army of the United States in the U.S. Constitution.Article II, section 2, cla ...
as an officer in the Georgia
Hussar
A hussar ( , ; hu, huszár, pl, husarz, sh, husar / ) was a member of a class of light cavalry, originating in Central Europe during the 15th and 16th centuries. The title and distinctive dress of these horsemen were subsequently widely ...
s. He served in the
Georgia House of Representatives
The Georgia House of Representatives is the lower house of the Georgia General Assembly (the state legislature) of the U.S. state of Georgia. There are currently 180 elected members. Republicans have had a majority in the chamber since 2005. T ...
from 1815 to 1816. He then served as
Mayor of Savannah from 1817 to 1819, thereafter returning to private practice in Savannah until 1824.
He then served as a judge, first of the Court of Common Pleas in Savannah, Georgia from 1819 to 1824, and then of the Superior Court of Georgia from 1824 to 1829, until he was elected as a
Jacksonian to the
United States House of Representatives
The United States House of Representatives, often referred to as the House of Representatives, the U.S. House, or simply the House, is the Lower house, lower chamber of the United States Congress, with the United States Senate, Senate being ...
, serving from March 4, 1829, to January 13, 1835.
He resigned his seat in the House to accept the appointment as an associate justice to the Supreme Court. He was nominated by President
Andrew Jackson
Andrew Jackson (March 15, 1767 – June 8, 1845) was an American lawyer, planter, general, and statesman who served as the seventh president of the United States from 1829 to 1837. Before being elected to the presidency, he gained fame as ...
on January 7, 1835, to a seat vacated by
William Johnson, and was confirmed by the
United States Senate
The United States Senate is the upper chamber of the United States Congress, with the House of Representatives being the lower chamber. Together they compose the national bicameral legislature of the United States.
The composition and pow ...
on January 14, 1835, receiving his commission the same day. He served on the court until his death on July 5, 1867. He favored free trade, opposed
internal improvements
Internal improvements is the term used historically in the United States for public works from the end of the American Revolution through much of the 19th century, mainly for the creation of a transportation infrastructure: roads, turnpikes, canal ...
by Congress (except of rivers and harbors), and opposed the rechartering of the
United States Bank.
U.S. Supreme Court
![James Moore Wayne - Brady-Handy](https://upload.wikimedia.org/wikipedia/commons/8/8a/James_Moore_Wayne_-_Brady-Handy.jpg)
While Wayne served his time as an associate justice he heard many cases about slavery, tax, and reform. A "Jacksonian", Wayne agreed with President Jackson on the ideals of deepening rivers and harbors, but disagreed on the expansions of highways and canals. Wayne also agreed with Jackson on the
Indian Removal Act
The Indian Removal Act was signed into law on May 28, 1830, by United States President Andrew Jackson. The law, as described by Congress, provided "for an exchange of lands with the Indians residing in any of the states or territories, and for ...
and believed that the land that used to belong to the Indians would belong to the state. The fact that Wayne refused to accept the Indians as an independent nation and forced them to move west, made him appealing to Georgians. Wayne was a Unionist, and against the formation of the
Confederate States of America
The Confederate States of America (CSA), commonly referred to as the Confederate States or the Confederacy was an unrecognized breakaway republic in the Southern United States that existed from February 8, 1861, to May 9, 1865. The Confeder ...
, which was shocking because he was from the state of Georgia. As a Unionist in a southern state, Wayne took a careful approach on the ideals of nullification and consolidation.
While Justice Wayne himself remained loyal to the Union, his son
Henry C. Wayne served as a general in the
Confederate Army
The Confederate States Army, also called the Confederate Army or the Southern Army, was the military land force of the Confederate States of America (commonly referred to as the Confederacy) during the American Civil War (1861–1865), fighting ...
.
''Louisville, Cincinnati & Charleston Railroad Co. v. Letson''
In 1844, Justice Wayne heard the case ''Louisville, Cincinnati & Charleston Railroad Co. v. Letson''. This case was about a man named Letson who brought a contract against a railroad company, claiming that the cities did not fulfill the contract with him for the expansion of the road. It centered on the principle that a citizen in a particular state should have the right to sue a corporation, which is based in another state and even conducts its business in another state. Justice Wayne opened his statement regarding the case when he said, "The jurisdiction of the court is denied in this case upon the grounds that two members of the corporation sued are citizens of North Carolina; that the state of South Carolina is also a member, and that two other corporations in South Carolina are members, having in them members who are citizens of the same state with the defendant in error" (43 U.S. 497, 555). Later in his statement, Justice Wayne commented, "A corporation created by a state to perform its functions under the authority of that state and only suable there, though it may have members out of the state, seems to us to be a person, though an artificial one, inhabiting and belonging to that state, and therefore entitled, for the purpose of suing and being sued, to be deemed a citizen of that state" (43 U.S. 497, 555). In these statements, Justice Wayne was explaining how owners stopped being relevant and that businesses now had easy accessibility to federal courts. This case was instrumental as it showed the view of the Supreme Court that corporations could be viewed as 'citizens' of the states where they were incorporated. This court case was significant in Justice Wayne's career and development because it showed that he was willing to increase dominion in the courts.
''Dred Scott v. Sandford''
The court case of ''
Dred Scott v. Sandford
''Dred Scott v. Sandford'', 60 U.S. (19 How.) 393 (1857), was a landmark decision of the United States Supreme Court that held the U.S. Constitution did not extend American citizenship to people of black African descent, enslaved or free; t ...
'' was argued in front of the United States Supreme Court, and was decided for Sanford by a 7–2 vote on March 6, 1857, with Chief Justice
Roger B. Taney
Roger Brooke Taney (; March 17, 1777 – October 12, 1864) was the fifth chief justice of the United States, holding that office from 1836 until his death in 1864. Although an opponent of slavery, believing it to be an evil practice, Taney belie ...
giving the majority opinion and Judge Wayne concurring. This landmark decision against slave
Dred Scott
Dred Scott (c. 1799 – September 17, 1858) was an Slavery in the United States, enslaved African Americans, African American man who, along with his wife, Harriet Robinson Scott, Harriet, unsuccessfully sued for freedom for themselves and thei ...
ruled that African-Americans, whether slave or free, were not to be considered American citizens and thus could not sue in federal court. The ruling also found the
Missouri Compromise
The Missouri Compromise was a federal legislation of the United States that balanced desires of northern states to prevent expansion of slavery in the country with those of southern states to expand it. It admitted Missouri as a Slave states an ...
unconstitutional, ruling that it violated the
Fifth Amendment to the United States Constitution
The Fifth Amendment (Amendment V) to the United States Constitution addresses criminal procedure and other aspects of the Constitution. It was ratified, along with nine other articles, in 1791 as part of the Bill of Rights. The Fifth Amend ...
, and that, therefore, the federal government had no jurisdiction to regulate slavery on federal property. Though the Court thought this ruling would put to rest the question of slavery, it exacerbated tensions and led directly to the
American Civil War
The American Civil War (April 12, 1861 – May 26, 1865; also known by other names) was a civil war in the United States. It was fought between the Union ("the North") and the Confederacy ("the South"), the latter formed by states th ...
, which resulted in the
Thirteenth Amendment to the United States Constitution
The Thirteenth Amendment (Amendment XIII) to the United States Constitution abolished slavery and involuntary servitude, except as punishment for a crime. The amendment was passed by the Senate on April 8, 1864, by the House of Representative ...
(1865) abolishing slavery, the
Civil Rights Act of 1866
The Civil Rights Act of 1866 (, enacted April 9, 1866, reenacted 1870) was the first United States federal law to define citizenship and affirm that all citizens are equally protected by the law. It was mainly intended, in the wake of the Amer ...
, and the
Fourteenth Amendment to the United States Constitution
The Fourteenth Amendment (Amendment XIV) to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments. Often considered as one of the most consequential amendments, it addresses citizenship rights and ...
(1868), granting equal citizenship to African-Americans.
In ''Dred Scott v. Sandford'', Taney wrote that the Constitution viewed people of African American descent as an "inferior order and altogether unfit to associate with the white race either in social or political relations, and so far inferior that they had no rights which the white man was bound to respect" (60 U.S. 393). The vast majority of scholars and historians view this decision, which Justice Wayne concurred with, as one of the worst to ever be handed down by the Court. Justice Wayne showed his concurrence with Taney when he wrote: "Concurring as I do entirely in the opinion of the court as it has been written and read by the Chief Justice" (60 U.S. 393), he went on to write that he concurred in "assuming that the Circuit Court had jurisdiction," but he abstained from expressing any opinion upon the eighth section of the act of 1820, known commonly as the Missouri Compromise law, and "six of us declare that it was unconstitutional" (60 U.S. 393).
Judicial views
Justice Wayne served on the Supreme Court for 32 years, one of the longest terms for any justice. His leanings stayed consistent and many of his decisions believed power resides in the federal offices such as the U.S. Congress. He held to this in the Dred Scott case, supporting Chief Justice Taney's opinion in the face of harsh criticism by many. With the beginning of the Civil War, Wayne was thrust into personal and professional crisis. He chose to remain with the Court while his own son left the U.S. Army to fight as a general in the Confederate Army. Another one of his colleagues, John Campbell, also left the Court to serve in the Confederacy. However, Wayne held to his nationalistic views, although it made him unpopular in his home state of Georgia, believing there was no legal support for a state to secede. He also felt that by remaining on the Court he could continue to support Southern causes. After the war ended, he never forgot his Southern roots and labored hard to protect the South from undue penalties.
As of the time of his death in 1867, Wayne was the last veteran of the
Marshall Court
The Marshall Court refers to the Supreme Court of the United States from 1801 to 1835, when John Marshall served as the fourth Chief Justice of the United States. Marshall served as Chief Justice until his death, at which point Roger Taney ...
remaining on the bench.
In order to prevent President
Andrew Johnson
Andrew Johnson (December 29, 1808July 31, 1875) was the 17th president of the United States, serving from 1865 to 1869. He assumed the presidency as he was vice president at the time of the assassination of Abraham Lincoln. Johnson was a Dem ...
from appointing any justices, Congress passed the
Judicial Circuits Act
The Judicial Circuits Act of 1866 (ch. 210, ) reorganized the United States circuit courts and provided for the gradual elimination of several seats on the Supreme Court of the United States. It was signed into law on July 23, 1866, by President ...
in 1866, eliminating three of the 10 seats from the Supreme Court as they became vacant, with the intent of eventually reducing the size of the Court to seven justices. The vacancy caused by the death of Justice
John Catron
John Catron (January 7, 1786 – May 30, 1865) was an American jurist who served as an Associate Justice of the Supreme Court of the United States from 1837 to 1865, during the Taney Court.
Early and family life
Little is known of Catron's ...
in 1865 had not been filled, so, upon Wayne's death, there were eight justices on the Court. In 1869 Congress passed the
Circuit Judges Act, setting the size of the Court at nine members. The Court still had eight justices at the time of this Act, so one new seat was created, which was ultimately filled on March 21, 1870, by
Joseph Philo 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 ...
(in the meantime,
William Strong had filled the seat vacated by
Robert Cooper Grier
Robert Cooper Grier (March 5, 1794 – September 25, 1870) was an American jurist who served on the Supreme Court of the United States.
A Jacksonian Democrat from Pennsylvania who served from 1846 to 1870, Grier weighed in on some of the most i ...
).
Personal life
On March 4, 1813, Wayne was married to Mary Johnson Campbell (1794–1889).
Mary was the daughter of Alexander Campbell (a grandson of the Scottish-born Rev. Archibald Maciver Campbell) and Mehitable Hetty (née Hylton) Campbell.
Together, Mary and James were the parents of two surviving children:
*
Henry Constantine Wayne (1815–1883), who married Mary Louisa Nicoll (1821–1873), a daughter of Henry Woodhull Nicoll, in 1842. Mary's older sister, Elizabeth Smith Nicoll, was the wife of Gen.
Alexander Hamilton
Alexander Hamilton (January 11, 1755 or 1757July 12, 1804) was an American military officer, statesman, and Founding Father who served as the first United States secretary of the treasury from 1789 to 1795.
Born out of wedlock in Charlest ...
, oldest grandson of
Alexander Hamilton
Alexander Hamilton (January 11, 1755 or 1757July 12, 1804) was an American military officer, statesman, and Founding Father who served as the first United States secretary of the treasury from 1789 to 1795.
Born out of wedlock in Charlest ...
.
* Mary Campbell Wayne (1818–1885), who married Dr. Brig.-Gen.
John Meck Cuyler on October 15, 1840. Mary and John were the grandparents of Mary "May" Caroline Campbell Cuyler, who married
Sir Philip Grey Egerton, 12th Baronet
Sir Philip Henry Brian Grey-Egerton, 12th Baronet JP DP (29 April 1864 – 4 July 1937) was a British soldier and aristocrat who was a member of the Grey and Egerton families.
Early life
Philip Henry Brian Grey-Egerton was born on 29 April 186 ...
in 1893.
From 1818 to 1821, he built a
Regency
A regent (from Latin : ruling, governing) is a person appointed to govern a state '' pro tempore'' (Latin: 'for the time being') because the monarch is a minor, absent, incapacitated or unable to discharge the powers and duties of the monarchy ...
style home in Savannah. In 1831, he sold his home to his niece, Sarah Anderson (née Stites) Gordon and her husband,
William Washington Gordon
William Washington Gordon (January 17, 1796 – March 22, 1842) was an American politician and businessman.
Gordon was born in Screven County, Georgia. He was named after American Revolutionary War General William Washington under whom Gordon's ...
, who studied law under Wayne and later served as the Mayor of Savannah. Sarah and William were
Juliette
Juliette is a feminine personal name of French origin. It is a diminutive of Julie.
Notable people
*Juliette (Canadian singer) (1926-2017), full name Juliette Augustina Sysak Cavazzi, Canadian singer and TV personality of the 1950s-1970s. known ...
's grandparents.
Today, the home is called the
Juliette Gordon Low Birthplace
Juliette Gordon Low Historic District consists of three buildings—the Juliette Gordon Low Birthplace (also known as Wayne-Gordon House, First Girl Scout Headquarters, which was the carriage house for the Andrew Low House, converted for use by ...
.
Wayne died on July 5, 1867, in
Washington, D.C.
)
, image_skyline =
, image_caption = Clockwise from top left: the Washington Monument and Lincoln Memorial on the National Mall, United States Capitol, Logan Circle, Jefferson Memorial, White House, Adams Morgan, ...
and was interred in
Laurel Grove Cemetery
Laurel Grove Cemetery is a cemetery located in midtown Savannah, Georgia. It includes the original cemetery for whites (now known as Laurel Grove North) and a companion burial ground (called Laurel Grove South) that was reserved for slaves and fr ...
in Savannah, Georgia.
Legacy and honors
During
World War II
World War II or the Second World War, often abbreviated as WWII or WW2, was a world war that lasted from 1939 to 1945. It involved the vast majority of the world's countries—including all of the great powers—forming two opposin ...
the
Liberty ship
Liberty ships were a class of cargo ship built in the United States during World War II under the Emergency Shipbuilding Program. Though British in concept, the design was adopted by the United States for its simple, low-cost construction. Mass ...
was built in
Brunswick, Georgia
Brunswick () is a city in and the county seat of Glynn County in the U.S. state of Georgia. As the primary urban and economic center of the lower southeast portion of Georgia, it is the second-largest urban area on the Georgia coastline after Sa ...
, and named in his honor.
The
Georgia Historical Society
The Georgia Historical Society (GHS) is a statewide historical society in Georgia. Headquartered in Savannah, Georgia, GHS is one of the oldest historical organizations in the United States. Since 1839, the society has collected, examined, and ta ...
holds
collection of James Moore Wayne's papers The collection is available for research and contains correspondence and miscellaneous papers, dating 1848 to 1863. Wayne was President of the Georgia Historical Society from 1841 to 1854, and then again from 1856 to 1862.
See also
*
List of justices of the Supreme Court of the United States
The Supreme Court of the United States is the highest-ranking judicial body in the United States. Its membership, as set by the Judiciary Act of 1869, consists of the chief justice of the United States and eight Associate Justice of the Supreme ...
*
List of United States Supreme Court justices by time in office
A total of 116 people have served on the Supreme Court of the United States, the highest judicial body in the United States, since it was established in 1789. Supreme Court justices have life tenure, and so they serve until they die, resign, retir ...
*
United States Supreme Court cases during the Chase Court
*
United States Supreme Court cases during the Marshall Court
*
United States Supreme Court cases during the Taney Court
References
Further reading
* McMahon, Joel. ''Our Good and Faithful Servant: James Moore Wayne and Georgia Unionism'' Mercer University Press, 2017. x, 249 pp.
*
*
* Flanders, Henry
''The Lives and Times of the Chief Justices of the United States Supreme Court'' Philadelphia:
J. B. Lippincott & Co., 1874 at
Google Books
Google Books (previously known as Google Book Search, Google Print, and by its code-name Project Ocean) is a service from Google Inc. that searches the full text of books and magazines that Google has scanned, converted to text using optical c ...
.
*
*
*
*
* White, G. Edward. ''The Marshall Court & Cultural Change, 1815-35'' (1991).
External links
James Moore Wayne papersat the
Georgia Historical Society
The Georgia Historical Society (GHS) is a statewide historical society in Georgia. Headquartered in Savannah, Georgia, GHS is one of the oldest historical organizations in the United States. Since 1839, the society has collected, examined, and ta ...
*
*
*
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{{DEFAULTSORT:Wayne, James Moore
1790 births
1867 deaths
19th-century American judges
19th-century American politicians
American Episcopalians
United States Army personnel of the War of 1812
American slave owners
Georgia (U.S. state) lawyers
Georgia (U.S. state) state court judges
Jacksonian members of the United States House of Representatives from Georgia (U.S. state)
Mayors of Savannah, Georgia
Democratic Party members of the Georgia House of Representatives
Princeton University alumni
United States Army officers
United States federal judges appointed by Andrew Jackson
Justices of the Supreme Court of the United States
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