'Morrison Remick Waite', nicknamed "Mott" (
November 29 1816 –
March 23 1888) was the
Chief Justice of the United States from 1874 to 1888.
He was born at
Lyme, Connecticut, the son of
Henry Matson Waite, who was a judge of the Superior Court and associate judge of the
Supreme Court of Connecticut in 1834-1854 and chief justice of the latter in 1854-1857.
He graduated from
Yale where he was classmate with the future Democratic presidential nominee in 1876 Samuel J. Tilden and there he became a member of the
Skull and Bones Society in 1837, and soon afterwards moved to
Maumee, Ohio, where he studied law in the office of Samuel L. Young and was admitted to the bar in 1839. He served one term as mayor of Maumee. He married Amelia Warner in 1840. He had three sons with her - Henry Seldon, Christopher Champlin, Edward T, and one daughter Mary F. In 1850, he moved to
Toledo, and he soon came to be recognized as a leader of the state bar. In politics, he was first a
Whig and later a
Republican, and, in 1849-1850, he was a member of the
Ohio Senate.
Before the
Civil War, Waite opposed
slavery and the southern slave states withdrawal from the Union. In 1871, with
William M. Evarts and
Caleb Cushing, he represented the United States as counsel before the
Alabama Tribunal at
Geneva, and, in 1874, he presided over the
Ohio constitutional convention. In the same year he was appointed by President
Ulysses S. Grant to succeed Judge
Salmon P. Chase as
Chief Justice of the United States, and he held this position until his death at
March 23,
1888 in
Washington, D.C. President Grant had offered the Chief Justiceship to among other Senator Roscoe Conkling and Democrat Caleb Cushing before he settled on Waite who learned of his nomination by a telegram.
The nomination was not well-received. Former
Secretary of the Navy Gideon Welles remarked of the nomination that "It is a wonder that Grant did not pick up some old acquaintance, who was a
stage driver or
bartender, for the place," and the political journal "
The Nation" said "Mr Waite stands in the front-rank of second-rank lawyers."
The Waite Court, 1874-1888
In the cases which grew out of the
American Civil War and
Reconstruction, and especially in those which involved the interpretation of the
Thirteenth,
Fourteenth and
Fifteenth amendments, he sympathized with the general tendency of the court to restrict the further extension of the powers of the Federal government. In a particularly notable ruling in ''
United States v. Cruikshank'', he struck down the
Enforcement Act, ruling that "The very highest duty of the States, when they entered into the Union under the Constitution, was to protect all persons within their boundaries in the enjoyment of these 'unalienable rights with which they were endowed by their Creator.' Sovereignty, for this purpose, rests alone with the States. It is no more the duty or within the power of the United States to punish for a conspiracy to
falsely imprison or
murder within a State, than it would be to punish for false imprisonment or murder itself." He concluded that "We may suspect that race was the cause of the hostility but is it not so averred" . His belief was that white moderates should set the rules of racial relations in the South which reflected the majority of the Court and the people of the United States which was tired of the bitter racial strife involved with the affairs of Reconstruction. This decisions practically overturned the Fourteenth Amendment. This belief backfired when arch-segregationists in the South regained power and legislated the infamous
Jim Crow laws that disenfranchised African-Americans in the South. These laws lasted long into the
Twentieth Century.
In his opinion of ''
Munn v. Illinois'' (1877) which was one of a group of six Granger cases involving Populist-inspired state legislation to fix maximum rates chargeable by grain elevators and railroads he said when a business or private property was "affected with a public interest" it was subject to governmental regulation. Thus he was ruling against charges that Granger laws constituted encroachment of private property without due process of law and conflicted with the Fourteenth Amendment. The ardent New Dealers in the Franklin Roosevelt administration looked to Munn v. Illinois to guide them in matters like due process, commerce and contract clauses .
He concurred with the majority in the
Head Money Cases (1884), the
Ku-Klux Case (''
United States v. Harris'', 1883), the
Civil Rights Cases (1883), ''
Pace v. Alabama'' (1883), and the
Legal Tender Cases (including ''
Juillard v. Greenman'') (1883). Among his own most important decisions were those in the
Enforcement Act Cases (1875), the
Sinking Fund Cases (1878), the
Railroad Commission Cases (1886) and the
Telephone Cases (1887).
In 1876 when there was talk about a third term for President Grant some Republicans turned to Waite as they believed he was a better presidential nominee for the Republican Party than the scandal-tainted Grant. Waite turned down the idea arguing "my duty was not to make it a stepping stone to someone else but to preserve its purity and make my own name as honorable as that of any of my predecessors" . In the aftermath of the presidential election of 1876 he refused to sit on the Electoral Commission which decided the electoral votes of
Florida because of his close friendship of GOP presidential nominee
Rutherford B. Hayes and his classmateship with the Democratic presidential nominee Samuel J. Tilden whom Waite hade studied together with at Yale College.
As Chief Justice he swore in Presidents Rutherford Hayes,
James Garfield,
Chester A. Arthur and
Grover Cleveland.
There is reason to believe that Justice Waite was not highly regarded by every one. One quote, attributed to one of his brother Justices, call him "an experiment no President has a right to make with our Court".
Like his successor Melville Fuller he is credited with being an efficient
and capable administrator of the Court.
Champion of education opportunities for blacks
He was one of the
Peabody Trustees of Southern Education and was a vocal advocate to aiding schools for the education of blacks in the south.
Frankfurters view of Waite
Supreme Court Justice
Felix Frankfurter said of him - "he did not confine the constitution within the limits of his own experience...The disciplined and disinterested lawyer in him transcended the bounds of the environment within which he moved and the views of the client whom he served at the bar" .
Quote by Chief Justice Waite
''For protection against abusers by legislatures the People must resort to the polls, not the courts.''
See also
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United States Supreme Court cases during the Waite Court
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[1]
External links
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Oyez: Morrison R. Waite Biography
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Supreme Court Historical Society: Waite
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