Thomas Stanley Matthews (July 21, 1824 – March 22, 1889), known as Stanley Matthews in adulthood, was an American attorney, soldier, judge and

Republican Republican can refer to: Political ideology * An advocate of a republic, a type of government that is not a monarchy or dictatorship, and is usually associated with the rule of law. ** Republicanism, the ideology in support of republics or agains ...

senator A senate is a deliberative assembly, often the upper house or chamber of a bicameral legislature. The name comes from the ancient Roman Senate (Latin: ''Senatus''), so-called as an assembly of the senior (Latin: ''senex'' meaning "the el ...

from

Ohio Ohio () is a state in the Midwestern region of the United States. Of the fifty U.S. states, it is the 34th-largest by area, and with a population of nearly 11.8 million, is the seventh-most populous and tenth-most densely populated. The sta ...

who became an

associate justice 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 state ...

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 involve a point o ...

, serving from May 1881 to his death in 1889. A

progressive Progressive may refer to: Politics * Progressivism, a political philosophy in support of social reform ** Progressivism in the United States, the political philosophy in the American context * Progressive realism, an American foreign policy par ...

justice, he was the author of the landmark ruling in ''

Yick Wo v. Hopkins ''Yick Wo v. Hopkins'', 118 U.S. 356 (1886), was the first case where the United States Supreme Court ruled that a law that is race-neutral on its face, but is administered in a prejudicial manner, is an infringement of the Equal Protection Claus ...

''.

Early life and education

Matthews was born July 21, 1824, in

Cincinnati Cincinnati ( ) is a city in the U.S. state of Ohio and the county seat of Hamilton County. Settled in 1788, the city is located at the northern side of the confluence of the Licking and Ohio rivers, the latter of which marks the state line wit ...

. 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 liberal arts college in Gambier, Ohio. It was founded in 1824 by Philander Chase. Kenyon College is accredited by the Higher Learning Commission. Kenyon has 1,708 undergraduates enrolled. Its 1,000-acre campus is se ...

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 of America. The president directs the executive branch of the federal government and is the commander-in-chief of the United Stat ...

Rutherford B. Hayes Rutherford Birchard Hayes (; October 4, 1822 – January 17, 1893) was an American lawyer and politician who served as the 19th president of the United States from 1877 to 1881, after serving in the U.S. House of Representatives and as governor ...

and close friend

John Celivergos Zachos John Celivergos Zachos ( el, Ιωάννης Καλίβεργος Ζάχος; December 20, 1820 – March 20, 1898) was a Greek-American physician, literary scholar, elocutionist, author, lecturer, inventor, and educational pioneer. He was an ea ...

. Matthews moved to his hometown Cincinnati with Zachos. Zachos and Matthews were roommates. In Cincinnati Matthews studied law under

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. He also served as the 23rd governor of Ohio, represented Ohio in the United States Senate, a ...

but he moved to

Columbia, Tennessee Columbia is a city in and the county seat of Maury County, Tennessee. The population was 41,690 as of the 2020 United States census. Columbia is included in the Nashville metropolitan area. The self-proclaimed "mule capital of the world," Colum ...

, where he practiced law and edited the local newspaper. 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."Topping, Eva Catafygiotu"
''John Zachos Cincinnatian from Constantinople'' The Cincinnati Historical Society Bulletin Volumes 33-34 Cincinnati Historical Society 1975: p. 51 In 1849, Stanley Matthews,

Ainsworth Rand Spofford Ainsworth Rand Spofford (September 12, 1825 – August 11, 1908) was an American journalist, prolific writer and the sixth Librarian of Congress. He served as librarian from 1864 to 1897 under the administration of ten presidents. A great admir ...

and 9 others founded the

Literary Club of Cincinnati The Literary Club of Cincinnati is located at 500 East Fourth Street, across from Lytle Park in downtown Cincinnati, Ohio. The club occupies a two-story Greek Revival house which was built in 1820, on the site of the home of William Sargent, secr ...

. 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) was the 27th president of the United States (1909–1913) and the tenth chief justice of the United States (1921–1930), the only person to have held both offices. Taft was elected pr ...

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, abolitionist, and poet who led the transcendentalist movement of the mid-19th century. He was seen as a champ ...

Booker T. Washington Booker Taliaferro Washington (April 5, 1856November 14, 1915) was an American educator, author, orator, and adviser to several presidents of the United States. Between 1890 and 1915, Washington was the dominant leader in the African-American c ...

Mark Twain Samuel Langhorne Clemens (November 30, 1835 – April 21, 1910), known by his pen name Mark Twain, was an American writer, humorist, entrepreneur, publisher, and lecturer. He was praised as the "greatest humorist the United States has p ...

Charles Dickens Charles John Huffam Dickens (; 7 February 1812 – 9 June 1870) was an English writer and social critic. He created some of the world's best-known fictional characters and is regarded by many as the greatest novelist of the Victorian e ...

Oscar Wilde Oscar Fingal O'Flahertie Wills Wilde (16 October 185430 November 1900) was an Irish poet and playwright. After writing in different forms throughout the 1880s, he became one of the most popular playwrights in London in the early 1890s. He is ...

and

Robert Frost Robert Lee Frost (March26, 1874January29, 1963) was an American poet. His work was initially published in England before it was published in the United States. Known for his realistic depictions of rural life and his command of American colloq ...

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 census, the population was 830,639, making it the third-most populous county in Ohio. The county seat and largest city is Cincinnati. The county i ...

. He was then elected to the

Ohio State Senate The Ohio Senate is the upper house of the Ohio General Assembly. The State Senate, which meets in the Ohio Statehouse in Columbus, first convened in 1803. Senators are elected for four year terms, staggered every two years such that half of the se ...

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 c ...

for the Southern District of Ohio, serving from 1858 to 1861.

Union officer

Matthews resigned as U.S. Attorney as the

Civil War A civil war or intrastate war is a war between organized groups within the same state (or country). The aim of one side may be to take control of the country or a region, to achieve independence for a region, or to change government policies ...

began, accepting a commission as

lieutenant colonel Lieutenant colonel ( , ) is a rank of commissioned officers in the armies, most marine forces and some air forces of the world, above a major and below a colonel. Several police forces in the United States use the rank of lieutenant colone ...

with the

23rd Ohio Infantry The 23rd Ohio Infantry Regiment was an infantry regiment in the Union Army during much of the American Civil War. It served in the Eastern Theater in a variety of campaigns and battles, and is remembered with a stone memorial on the Antietam Nati ...

regiment of the

Union Army During the American Civil War, the Union Army, also known as the Federal Army and the Northern Army, referring to the United States Army, was the land force that fought to preserve the Union (American Civil War), Union of the collective U.S. st ...

. His superior officer was future president

; future President

William McKinley William McKinley (January 29, 1843September 14, 1901) was the 25th president of the United States, serving from 1897 until his assassination in 1901. As a politician he led a realignment that made his Republican Party largely dominant in ...

also served in the regiment. With the 23rd Ohio Regiment, Matthews fought at the

battle of Carnifex Ferry The Battle of Carnifex Ferry took place on September 10, 1861 in Nicholas County, Virginia (now West Virginia), as part of the Operations in Western Virginia Campaign during the American Civil War. The battle resulted in a Union strategic vict ...

. On October 26, 1861 he was appointed colonel of the 51st Ohio Infantry Regiment. and on April 11, 1862 he was nominated as brigadier general of U.S. Volunteers. However, the nomination was tabled and never confirmed. Nevertheless, Colonel Matthews commanded a brigade in the

Army of the Ohio The Army of the Ohio was the name of two 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 Maj. Gen. Do ...

and later the

Army of the Cumberland The Army of the Cumberland was one of the principal Union armies in the Western Theater during the American Civil War. It was originally known as the Army of the Ohio. History The origin of the Army of the Cumberland dates back to the creation ...

State judge, lawyer and politician

In 1863, after being elected a judge of the Superior Court of Cincinnati, Matthews resigned from the Union Army. Two years later, he returned to private practice. During the post-war

reconstruction era The Reconstruction era was a period in American history following the American Civil War (1861–1865) and lasting until approximately the Compromise of 1877. During Reconstruction, attempts were made to rebuild the country after the bloo ...

, Matthews represented the

railroad Rail transport (also known as train transport) is a means of transport that transfers passengers and goods on wheeled vehicles running on rails, which are incorporated in tracks. In contrast to road transport, where the vehicles run on a pre ...

industry. His clients included

Jay Gould Jason Gould (; May 27, 1836 – December 2, 1892) was an American railroad magnate and financial speculator who is generally identified as one of the robber barons of the Gilded Age. His sharp and often unscrupulous business practices made hi ...

. He ran for 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 ...

1876 Events January–March * January 1 ** The Reichsbank opens in Berlin. ** The Bass Brewery Red Triangle becomes the world's first registered trademark symbol. * February 2 – The National League of Professional Base Ball Clubs i ...

, 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 The 1876 United States presidential election was the 23rd quadrennial United States presidential election, presidential election, held on Tuesday, November 7, 1876, in which Republican Party (United States), Republican nominee Rutherford B. Haye ...

. That same year Matthews won a

special election A by-election, also known as a special election in the United States and the Philippines, a bye-election in Ireland, a bypoll in India India, officially the Republic of India (Hindi: ), is a country in South Asia. It is the seventh-larges ...

to the Senate to fill a vacancy created by the resignation of

John Sherman John Sherman (May 10, 1823October 22, 1900) was an American politician from Ohio throughout the Civil War and into the late nineteenth century. A member of the Republican Party, he served in both houses of the U.S. Congress. He also served as ...

. He did not seek reelection.

Associate justice

Matthews was initially

nominated A candidate, or nominee, is the prospective recipient of an award or honor, or a person seeking or being considered for some kind of position; for example: * to be elected to an office — in this case a candidate selection procedure occurs. * t ...

of the

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 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 powe ...

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 The 46th United States Congress was a meeting of the legislative branch of the United States federal government, consisting of the United States Senate and the United States House of Representatives. It met in Washington, D.C. from March 4, 1879, ...

. On March 14, 1881, 10 days after taking office, President

James A. Garfield James Abram Garfield (November 19, 1831 – September 19, 1881) was the 20th president of the United States, serving from March 4, 1881 until his death six months latertwo months after he was shot by an assassin. A lawyer and Civil War gene ...

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

justices on the Court at the time.

''Yick Wo v. Hopkins''

In 1880, the city of

San Francisco, California San Francisco (; Spanish for " Saint Francis"), officially the City and County of San Francisco, is the commercial, financial, and cultural center of Northern California. The city proper is the fourth most populous in California and 17th ...

passed an ordinance that persons could not operate a laundry in a wooden building without a permit from the

Board of Supervisors A board of supervisors is a governmental body that oversees the operation of county government in the U.S. states of Arizona, California, Iowa, Mississippi, Virginia, and Wisconsin, as well as 16 counties in New York. There are equivalent agenc ...

. 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). The infection is a type of Group A streptococcal infection (Group A strep). It most commonly affects childr ...

in 1859. Over a three-week period, the outbreak claimed the lives of their three eldest sons (9-year-old Morrison, 6-year-old Stanley, and 4-year-old Thomas) as well as younger daughter Mary (age two-and-a-half). Oldest daughter Isabella (7 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) were born after the scarlet fever outbreak. Matthews's wife, Mary Ann "Minnie", died in Washington D.C. on January 22, 1885 at age 63. Matthews married Mrs. Mary K. Theaker, 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. He is interred at

Spring Grove Cemetery Spring Grove Cemetery and Arboretum () is a nonprofit rural cemetery and arboretum located at 4521 Spring Grove Avenue, Cincinnati, Ohio. It is the third largest cemetery in the United States, after the Calverton National Cemetery and Abraham L ...

Cincinnati, Ohio Cincinnati ( ) is a city in the U.S. state of Ohio and the county seat of Hamilton County. Settled in 1788, the city is located at the northern side of the confluence of the Licking and Ohio rivers, the latter of which marks the state line wit ...

Supreme Court Historical Society The Supreme Court Historical Society (SCHS) is a Washington, D.C.-based private, nonprofit organization dedicated to preserving and communicating the history of the U.S. Supreme Court. The Society was founded in 1974 by U.S. Chief Justice Warren E ...

. Daughter Jane Matthews married her late father's colleague on the Court, Associate Justice

Horace Gray Horace Gray (March 24, 1828 – September 15, 1902) was an American jurist who served on the Massachusetts Supreme Judicial Court, and then on the United States Supreme Court, where he frequently interpreted the Constitution in ways that increa ...

, 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 lawyer who served as U.S. Solicitor General from 2004 to 2008 and is known for his advocacy before the U.S. Supreme Court. He established his own law firm, Clement & Murphy, in 2022 after le ...

was bishop of the

Episcopal Diocese of New Jersey The Episcopal Diocese of New Jersey forms part of Province II of the Episcopal Church in the United States of America. It is made up of the southern and central New Jersey counties of Union, Middlesex, Somerset, Hunterdon, Mercer, Monmouth, ...

from 1915 to 1937. His son, Justice Matthews's grandson, Thomas Stanley, was editor of ''

Time Time is the continued sequence of existence and events that occurs in an apparently irreversible succession from the past, through the present, into the future. It is a component quantity of various measurements used to sequence events, to ...

'' magazine from 1949 to 1953. A collection of Justice Matthews's correspondence and other papers is located at the

Rutherford B. Hayes Presidential Center The Rutherford B. Hayes Presidential Center is a complex comprising several buildings related to the life and presidency of Rutherford B. Hayes. It is the first presidential library, built in 1916, and one of three such libraries for US presidents ...

library in

Fremont, Ohio Fremont is a city in and the county seat of Sandusky County, Ohio, United States, located along the banks of the Sandusky River. It is about 35 miles from Toledo and 25 miles from Sandusky. It is part of the Toledo metropolitan area. The populat ...

and open for research. Additional papers and collections are at:

Cincinnati Historical Society Cincinnati ( ) is a city in the U.S. state of Ohio and the county seat of Hamilton County. Settled in 1788, the city is located at the northern side of the confluence of the Licking and Ohio rivers, the latter of which marks the state line wit ...

;

Library of Congress The Library of Congress (LOC) is the research library that officially serves the United States Congress and is the ''de facto'' national library of the United States. It is the oldest federal cultural institution in the country. The library is ...

, Manuscript and Prints & Photographs Divisions,

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, ...

;

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 state capital and the most populous city in the U.S. state of Ohio. With a 2020 census population of 905,748, it is the 14th-most populous city in the U.S., the second-most populous city in the Midwest, after Chicago, and t ...

;

Pierpont Morgan Library The Morgan Library & Museum, formerly the Pierpont Morgan Library, is a museum and research library in the Murray Hill neighborhood of Manhattan in New York City. It is situated at 225 Madison Avenue, between 36th Street to the south and 37th ...

New York New York most commonly refers to: * New York City, the most populous city in the United States, located in the state of New York * New York (state), a state in the northeastern United States New York may also refer to: Film and television * '' ...

;

State Historical Society of Wisconsin The Wisconsin Historical Society (officially the State Historical Society of Wisconsin) is simultaneously a state agency and a private membership organization whose purpose is to maintain, promote and spread knowledge relating to the history of N ...

, Archives Division,

Madison, Wisconsin Madison is the county seat of Dane County and the capital city of the U.S. state of Wisconsin. As of the 2020 census the population was 269,840, making it the second-largest city in Wisconsin by population, after Milwaukee, and the 80th-lar ...

; and Mississippi State Department of Archives and History,

Jackson, Mississippi Jackson, officially the City of Jackson, is the Capital city, capital of and the List of municipalities in Mississippi, most populous city in the U.S. state of Mississippi. The city is also one of two county seats of Hinds County, Mississippi, ...

.Location of papers, Sixth Circuit

United States Court of Appeals United may refer to: Places * United, Pennsylvania, an unincorporated community * United, West Virginia, an unincorporated community Arts and entertainment Films * ''United'' (2003 film), a Norwegian film * ''United'' (2011 film), a BBC Two fi ...

Notes

References

External links

Stanley Matthews
at the ''

Biographical Directory of Federal Judges The ''Biographical Directory of Federal Judges'' is a publication of the Federal Judicial Center providing basic biographical information on all past and present United States federal court Article III judges (those federal judges with life tenure ...

'', a

public domain The public domain (PD) consists of all the creative work A creative work is a manifestation of creative effort including fine artwork (sculpture, paintings, drawing, sketching, performance art), dance, writing (literature), filmmaking, ...

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 respo ...

. 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 is also traditionally used by town criers to attract t ...

, a project of the

Illinois Institute of Technology Illinois Institute of Technology (IIT) is a private research university in Chicago, Illinois. Tracing its history to 1890, the present name was adopted upon the merger of the Armour Institute and Lewis Institute in 1940. The university has prog ...

Chicago-Kent College of Law Chicago-Kent College of Law is the law school affiliated with the Illinois Institute of Technology. It is the second oldest law school in the state of Illinois. It is ranked 91st among U.S. law schools, and its trial advocacy program is ranked in ...

. Retrieved June 29, 2019. * {{DEFAULTSORT:Matthews, Thomas Stanley 1824 births 1889 deaths 19th-century American newspaper editors 19th-century American judges 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 Republicans 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 Half-Breeds (Republican Party)