New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1884-06-10
OBITUARY.
NOAH HAYNES SWAYNE.

Moan haynes SWdluc, tA-Juoll'O VI WV
United States Supreme Court died on Sunday night at
the home of his sOn-in-aw Edwin Parsons. at No 7
Madison-ave. He was born in Culpeper County, Va.'
ON December T. 1904. His father Joshua swayne went
there from PeDnsy lvania, and devoted member or
tho Society of Friends. His ancestor,
Francis swayne, to America with Nui-
lam PENN aud the upon which be settled near Phil
adelpa is st in the hands the Swayne family Joshua
swayne died when Noah was four years old, but his
mother was a woman OF intelligence and character
and she carefully looked after his education ana that OF
his four older brothers and sisters At the age OF thirteen
he was sent to the academy OF Jacob M5nd9nniL NJ
Waterford, Va, which was In high repute among the
Friends years later he was placed under the care
Of DIR. George A. Thornton, an eminent ply
stefan of Alexandria, that he might begin
the study Of medicine But the death Of Dr. Thornton
and other circumstances, united with the natural bent
OF his disposition turned him to the study OF law lie
prepared for college Alexandria but pecuniary losses
in ne family prevented him from securing collegiate
education He began the study OF law in the Office OF
John scott and Francis p. Brooks. at Warrnon. He
was strongly mbued with the antsavery ideas OF the
Ouaker. and as he admitted 10 the bar he
oG eaDs before he could be admitted in that
and then went to Coshocton and opened an Office -,
Before the first year had passed MI SWayhc was ap
pointed prosecuting attorney Of the county and held ths
position for three years. He ct IN ls3o % 90 mo INC
ohio Leglsaturc an ardent Democrat ofhe Jeier'on-
ian school, After serving year he refused az Olher
opportunities of political preiernent ana dgy2ted hinsau
a. ey Tor me District Of ohio in 1881 he removed
Columbus whore inc UnteLslas C9uI'S VII tuTa p
siding Judge OF the Com mon Pleas, but he declined me
place. He married Miss Sarah Ammo Swayne, OF Harp
era Ferry in S32 Iy this maria lie came into the
possession Of alarge nunper Oh alaEea y" U ~
the common consent OF the HUSBAND ana "''e "oio Nv
once given their freedom. , - ,,,,. ...,.
After several years Of service as District Ator
uey Mr. swaync drccted his labors entirely to his 2rT3e
practice until the Legislature of OHIO ap9olned mn,
hlfrcd Kelly and Gustavs swan fund 10
take charge OF the state debt ana ehucav9r ~ oso
The fa ing credit Of the state Ie also acted as Yeh-
Der OF the commission sent by the Governor 10 Nhsu3
ton effect settlement OF the yeXc quespu ~ ~ o
boundary line between Ohio and Michigan IN l7lV le
served with other. members OF committee nav
ing In charge the inquiries into the condition
Of the bind He was also connected with
many other similar charitable enterprise. During
these wears Mr. Swayues practice had been SUCCESSFUL
and ne secured wide reputation az aJury lawyer Inc
tria' of william Rossane and Others, indicted IN NE
United States Circuit Court at Columbus III 1921 I9r tIo
burning OF the steamboat Martha Washington to Obtain
thn III sIrance Of the most celebrated eases Win
which he WAS connected. HIS cfoss-eKahna'ioh OF Hl
ney Burton, which lasted four days attracted nlch az
Mr.. swayncs first law partnership entered into
with James f. Bates in 1899 and they continued To-
gether under the hrm name oil sTayne ,. bIgs oyn
1852 Another partnership was forued win Llswe.yn
Baber in January 1888 under the firm name OF swane
n Baber THIS lasted until 1850 when Wager Swayne,
now Of this city, succeeded MT BabeI as hls IaIer
partner. The next year, however the breaking Ou OF
military service Inc most hnpoItan ni lhc 800
Noah r. Swayne IN which he appeared as counsel were
the fugitive slave eases. exjpareIL !ngston on haOeas
corpus i'm the Supreme Court NJ Columbus The result
was the sustaining of the consutOnality OF these laws
ant ayory opinions led him to change his party ahna
fiona and he became ardent supporter OF Fremont Tor
the Presidency. Upon the death or Justice Mclean, OF
the United States Supreme Court IN 1857, President
lincoln following the decidedly expressed wishes OF the
Judges and lawyers OF the Sixth Circuit,
appointed Mr. SWayuc to the place He was unanimously
confrHed and continued 10 discharge his duties as
Justice Of that court until January, 1881, when he re-
signed The expressions OF regret at his retirement we're
universal His nane a Supreme Court Justice VIII be
longest remembered for the part he took IA me decisions
rendered upon the Legal Tender acts lie dis'oned WIN
Justices Miller and Davis, from the opinion OF The ma
iory OF the holding the issue OF the legalender
rocubacks by Mr. Chase Secretary OF the Treasury
10 he unconstitutional He united In the opinion OF the
recognized court delivered by Justice strong OVerIng
the former decision. Another important decision III
which joined that Affirming the constitutlohaly
OF the income tax He held that such TAX was not
direct" within the meaning OF the Constitution and,
therefore, that t need not be apportOncd among INC
states in proportion 10 population.
In Decen Ocr 1880 Justice Sw2yne presented MS res
irpptiOn AS member OF the supreme Court bench A
was held to express the regret that was IelJ at
his retirement. Attorney General DevenS, In pre-
septng to the court the resolutions that were passed.
said Tho ability. the learning, tne acqdioniSIt
sound common of Mr. Justice oWayne caused MS
Influence everywhere felt IN all the various stages
OF these great judicial debates. III which he bore hsSul
share" After retiring from the bench Justice SNayne
continued to live In Washington until the death or MS
wife year later. He then came 10 New-Iork 10 I'VE
with his daughter, MrS. Edwin Parsons. lie suneiou
most Of this time from affection OF the heart, and this
coupled with weakness "a old age caused MS DEATH
ardent student OF ancient and modern literature. Yale
Dartmouth and MaTef "a Colleges conferred on him the
degree of LII ID. lie leaves five chill renCeneral Wa
ger Swaync and Mrs. Parsons or tins ety. ana three sons
nfacfmer The funeral VIII be held at Washington at 10
o'clock tomorrow morning.