Nominated by William Howard Taft Name Horace Lurton | Nominated by Grover Cleveland Date appointed January 3, 1910 Appointed by William Howard Taft | |
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Born February 26, 1844
Newport, Kentucky ( 1844-02-26 ) Role Former Associate Justice of the Supreme Court of the United States Died July 12, 1914, Atlantic City, New Jersey, United States Education Cumberland School of Law, Cumberland University Similar People William Howard Taft, Mahlon Pitney, Joseph Rucker Lamar, Edward Douglass White, Willis Van Devanter | ||
Preceded by Rufus Wheeler Peckham Preceded by Howell Edmunds Jackson Succeeded by James Clark McReynolds | ||
Horace Harmon Lurton (February 26, 1844 – July 12, 1914) was an American jurist who served for four years as a Justice of the Supreme Court of the United States. Appointed at the age of 65, Lurton was the oldest justice to be appointed to the Court for the first time.
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Life
Lurton was born in Newport, Kentucky, the son of a physician turned clergyman. He was a Sergeant Major in the Confederate Army during the Civil War, serving in the 5th Tennessee Infantry, 2nd Kentucky Infantry, and 3rd Kentucky Cavalry. He was twice captured by Union forces, the second time sent as a prisoner of war to Johnson's Island Prison Camp in Sandusky Bay, Ohio. He claimed he was later paroled by President Lincoln because of pleas for mercy from his mother but this was merely an anecdote he often repeated to dinner guests, according to historian Roger Long. Mr. Long explains in detail what the evidence shows in an article he wrote in the December 1994 edition of Civil War Times. According to Mr. Long, apparently he was paroled from Johnson's Island only when he signed the oath of allegiance, not because of any act of the president. Mr Long's article includes interesting details about Lurton's service as well as possible reasons for the anecdote he was so fond of repeating.
Lurton was a family friend of noted historian and jurist Samuel Cole Williams.
Education and early practice
Before the war, Lurton attended Douglas University and earned an LL.B. in 1867 at Cumberland School of Law, then part of Cumberland University but now part of Samford University. At Cumberland he was a member of Beta Theta Pi. Lurton then practiced law in Clarksville, Tennessee.
Career as a judge
In 1875, Lurton left private practice after being chosen as a judge of the Tennessee Chancery Court for the Sixth Chancery Division. After three years, Lurton then returned to his practice until 1886, when he was appointed to the Tennessee Supreme Court.
In 1893, Lurton was appointed by President Grover Cleveland to a federal appellate judgeship on the US Court of Appeals for the Sixth Circuit. While still on that court, Lurton first taught at and later served as dean of the Vanderbilt University School of Law from 1905 to 1909.
Supreme Court service
In 1909, Lurton's friend, President William Howard Taft, named him to a seat on the Supreme Court that had been vacated by the death of Justice Rufus Wheeler Peckham. It was the first of Taft's five Supreme Court appointments, six if one counts the elevation of Edward White to Chief Justice, and surprised some observers because unlike Taft, Lurton was a Democrat. Taft's attorney general George W. Wickersham said that at 66, Lurton was too old to become a Supreme Court justice, but Taft had always admired him. According to the Complete Book of U.S. Presidents (2001 edition), Taft later said that "the chief pleasure of my administration" was the appointment of Lurton.
Lurton sided most frequently on the court with Oliver Wendell Holmes, Jr., a progressive Supreme Court justice. The most notable opinion he authored was probably the opinion of the Court in Coyle v. Smith, 221 U.S. 559 (1911), which held that the federal government could not tell a state where to locate its capital, as that all states must be on "equal footing."
Lurton took his seat on the Court at the beginning of 1910. His tenure on the Court was brief, as he served only four years before dying in Atlantic City, New Jersey of a sudden heart attack, in 1914. According to his obituary in The New York Times (July 13, 1914, p. 1), he had been in poor health since the previous December, suffering from asthma and then pneumonia.