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 analyses and comments on law. This person is usually a specialist legal scholar, mostly (but not always) with a formal qualification in law and often a legal practitioner. In the Uni ...

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 involve a point o ...

Birth and early life

Swayne was born in Frederick County, Virginia 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. The valley is bounded to the east by the Blue Ridge Mountains, to the west by the eastern front of the Ridge- ...

, 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, often called Philly, is the largest city in the Commonwealth of Pennsylvania, the sixth-largest city in the U.S., the second-largest city in both the Northeast megalopolis and Mid-Atlantic regions after New York City. Sinc ...

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

Waterford, Virginia Waterford is an unincorporated village and census-designated place (CDP) in the Catoctin Valley of Loudoun County, Virginia, located along Catoctin Creek. Waterford is northwest of Washington, D.C., and northwest of Leesburg. The entire vill ...

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

Alexandria, Virginia Alexandria is an independent city (United States), independent city in the northern region of the Commonwealth (U.S. state), Commonwealth of Virginia, United States. It lies on the western bank of the Potomac River approximately south of Downto ...

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

Quaker Quakers are people who belong to a historically Protestant Christian set of Christian denomination, denominations known formally as the Religious Society of Friends. Members of these movements ("theFriends") are generally united by a belie ...

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

slavery Slavery and enslavement are both the state and the condition of being a slave—someone forbidden to quit one's service for an enslaver, and who is treated by the enslaver as property. Slavery typically involves slaves being made to perf ...

, and in 1824 his abolitionist sentiments caused him to leave

Virginia Virginia, officially the Commonwealth of Virginia, is a state in the Mid-Atlantic and Southeastern regions of the United States, between the Atlantic Coast and the Appalachian Mountains. The geography and climate of the Commonwealth ar ...

for the free state of

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 ...

. He began a private practice in Coshocton and, in 1825, was elected

Coshocton County Coshocton County is a county located in the U.S. state of Ohio. As of the 2020 census, the population was 36,612. Its county seat is Coshocton. The county lies within the Appalachian region of the state. The county was formed on January 31, 18 ...

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 c ...

for

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 ...

, and moved to

Columbus Columbus is a Latinized version of the Italian surname "''Colombo''". It most commonly refers to: * Christopher Columbus (1451-1506), the Italian explorer * Columbus, Ohio, capital of the U.S. state of Ohio Columbus may also refer to: Places ...

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

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 ...

justice John McLean. 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 w ...

(the Toledo War) threatened to erupt into violent conflict, Ohio Governor Robert Lucas dispatched Swayne, along with former Congressman

William Allen William Allen may refer to: Politicians United States *William Allen (congressman) (1827–1881), United States Representative from Ohio *William Allen (governor) (1803–1879), U.S. Representative, Senator, and 31st Governor of Ohio *William ...

and

David T. Disney David Tiernan Disney (August 25, 1803 – March 14, 1857) was a U.S. Representative from Ohio for three terms from 1849 to 1855. He also served as Speaker of both the Ohio State Senate and the Ohio House of Representatives. Early life and caree ...

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

Abraham Lincoln Abraham Lincoln ( ; February 12, 1809 – April 15, 1865) was an American lawyer, politician, and statesman who served as the 16th president of the United States from 1861 until his assassination in 1865. Lincoln led the nation thro ...

. 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, 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 ...

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

Oyez Project The Oyez Project at the Illinois Institute of Technology's Chicago-Kent College of Law is an unofficial online multimedia archive of the Supreme Court of the United States, especially audio of oral arguments. The website "aims to be a complete an ...

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 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 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 Military units *35th Fighter Wing, an air combat unit of the United States Air Force *35th Infantry Division (United States), a formation of the National Guard since World War I *35th Infantry Regiment (United States), a regiment created on 1 July 1 ...

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 consolidating several cases that held that the Privileges or Immunities Clause of the Fourteenth Amendment to the U.S. Constitution only pro ...

'', 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, organisation or other type of Legal entity, entity and commonly determine how that entity is to be governed. When ...

—Swayne dissented with justices Stephen Johnson Field and Joseph Bradley. 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 and David Davis, both in 1862; Stephen Johnson Field, in 1863; and

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 ...

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

martial law Martial law is the imposition of direct military control of normal civil functions or suspension of civil law by a government, especially in response to an emergency where civil forces are overwhelmed, or in an occupied territory. Use Marti ...

('' Ex Parte Milligan'', 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 fo ...

'', 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 state in the Midwestern region of the United States, bordered by the Mississippi River to the east and the Missouri River and Big Sioux River to the west. It is bordered by six states: Wisconsin to the northeast, Illinois to the ...

state legislature A state legislature is a legislative branch or body of a political subdivision in a federal system. Two federations literally use the term "state legislature": * The legislative branches of each of the fifty state governments of the United Sta ...

and state

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 ...

. 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 landmark decision of the U.S. Supreme Court in which the Court ruled that a New York state law setting maximum working hours for bakers violated the bakers' right to freedom of contract under t ...

'', 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 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 ...

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 Rutherford B. Hayes, he finally agreed to retire on the condition that his friend and fellow Ohio attorney Stanley Matthews replace him. His son,

Wager Swayne Wager can refer to: Gambling * Wager, the amount of a valuable staked when gambling on an event with an uncertain outcome, with the primary intent of winning money or material goods * Legal wager, required by both parties at the preliminary hearin ...

, served in the

, rose to the rank of

Major General Major general (abbreviated MG, maj. gen. and similar) is a military rank used in many countries. It is derived from the older rank of sergeant major general. The disappearance of the "sergeant" in the title explains the apparent confusion of a ...

, 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 Swayne may refer to: ;people * Charles Swayne, American judge * Charles Richard Swayne, British Colonial Service * Desmond Swayne (1956-), Conservative politician in the United Kingdom * Sir Eric John Eagles Swayne (1863-1929), British army offic ...

, 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 Mud Hens team has played in ...

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) 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 ...

. Chief Justice Edward Douglass White 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 t ...

(President

Ulysses S. Grant Ulysses S. Grant (born Hiram Ulysses Grant ; April 27, 1822July 23, 1885) was an American military officer and politician who served as the 18th president of the United States from 1869 to 1877. As Commanding General, he led the Union Ar ...

'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, and correspondence with him is also located at other repositories.Location of papers, Sixth Circuit

U.S. Court of Appeals The United States courts of appeals are the intermediate appellate courts of the United States federal judiciary. The courts of appeals are divided into 11 numbered circuits that cover geographic areas of the United States and hear appeals fro ...

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

br>Official Supreme Court media, Noah Haynes Swayne.

Birth and early life

Supreme Court service

Retirement, death and legacy

See also

References

Further reading