'Nathan Clifford' (
August 18,
1803 –
July 25,
1881) was an
American statesman, diplomat and jurist.
Clifford was born of old
Yankee stock in
Rumney, New Hampshire, to a farmer and his wife, the only son of seven children (His great-great-grandmother, Ann Smith, wife of Israel Clifford, was the accuser of
Goody Cole.) He attended the public schools of that town, then the
Haverhill Academy in
New Hampshire, and finally the
New Hampton Literary Institute. After teaching school for a time, he studied law in the offices of
Josiah Quincy and was admitted to the bar in
Maine in 1827, establishing his first practice in
Newfield, Maine.
He served in the
Maine House of Representatives from 1830 to 1834 and served as Speaker of that house the last two years. He was then Maine Attorney General from 1834 until 1838, when he was elected as a
Democrat to the
26th and
27th Congresses, serving
March 4,
1839 through
March 3,
1843, and representing the Second and then the Third District. He was not a candidate for re-election in 1842.
In 1846,
President James K. Polk appointed him 20th
Attorney General of the United States after his predecessor,
John Y. Mason, returned to being
Naval Secretary. Clifford served in Polk's
Cabinet from
October 17,
1846, to
March 17,
1848. Immediately after completing his service with the
Justice Department he became the U.S. Envoy Extraordinary and Minister Plenipotentiary to
Mexico, serving from
March 18,
1848 to
September 6,
1849. It was through Clifford that the
Treaty of Guadalupe Hidalgo was arranged with Mexico, by which
California became a part of the United States.
Following his service in the diplomatic corps, Clifford resumed the practice of law in
Portland, Maine.

Nathan Clifford in his elder years.
In 1858, President
James Buchanan appointed him an
Associate Justice of the Supreme Court of the United States. He was confirmed by a narrow margin of 26 votes to 23 in the Senate. Senators were hesitant about placing a pro-slavery Democrat on the
Supreme Court. His specialties were commercial and maritime law, Mexican land grants, and procedure and practice. Though he rarely declared any legal philosophy about the
Constitution, Justice Clifford believed in a sharp dividing line between federal and state authority. His major constitutional contribution may have been his dissent in ''
Loan Association vs. Topeka'' (20 Wallace 655) in which he rejected "
natural law," or any ground other than clear constitutional provision, as a basis the Court use to strike down legislative acts. Justice Clifford's opinions were comprehensive essays on law, and have sometimes been criticized as overly lengthy and digressive. Justice Clifford wrote the majority opinion of the Supreme Court in 398 cases.
[1] He served on the Court for 23 years, beginning in
January 28,
1858, and continuing until his death from the complications of a
stroke.
Clifford was president of the
Electoral Commission convened in 1877 to determine the outcome of the
U.S. presidential election, 1876. Clifford voted for
Samuel Tilden (a fellow Democrat), but
Rutherford B. Hayes famously won by a single vote in the
Compromise of 1877.
Clifford died in
Cornish, Maine in 1881; he was interred in
Evergreen Cemetery, in
Portland, Maine. The Nathan Clifford Elementary School in Portland is named for him.
Clifford's son William Henry Clifford was a successful lawyer and an unsuccessful candidate for the Maine State House of Representatives; his grandson, also named Nathan Clifford, was also a lawyer and briefly president of the Maine State Senate.
Further reading
★ Clifford, Philip G., ''Nathan Clifford, Democrat from 1803 to 1881'', New York: G.P. Putnam’s Sons, 1922.
References