Evening star., 1935-11-17
Sectionalism ofthe
Supreme Court
BY Frederic ]. Hoskin.

1t has long been said that Virginia Is
the mother Of Presidents so many Chief
Executives having been born in that
State, but New York must receive the
palm as mother of justices of the SUI
preme Court. The Empire State Is far
in the lead.
This Is sometimes regarded as the
more remarkable for the reason that the
South has traditionally been considered
as a special seat Of learning in the law.
Having for so many generations tram
quill agricultural, almost baronial civ
ilization, life in the South was conducive
to study. Younger sons Of planters all
most invariably read for the bar. This
was in contrast to the North, where there
obtained an industrial civilization. A
greater proportion of the people were
engaged in manufacture and trade and
the pace of life was brisker. There were
few long leisure hours for study.
Two elements other than legal equip
ment doubtless have served to give the
great preponderance of justices Of the
Supreme Court to the North. They are
Northern States and the fact that there
have been more Republican Presidents.
Up to the Civil War the South was in
the lead so far as membership on the
court is concerned. Of the five Chief
Justices of the United States who served
before the war, three of them we're
Southerners. They were John Rutledge
of South Carolina, John Marshall Of
Virginia and Roger B. fancy of Mary
land. The two Northerners were John
Jay of New York, the first Chief Justice,
and Oliver Ellsworth of Connecticut.
These five rank among the greatest hold
ers of the office. OF the 81 associate
justices of the Supreme Court before the
Civil War, l8, or well over half, were
Southerners.
New York gains her title of Mother Of
Justices for the reason that, in addition
to having had two of her sons serve as
Chief Justice. no less than nine have
been associate justices. No Southern
State has furnished more than four as
sociate justices. Maryland and Virginia
tie for that mark. Each also furnished
a Chief Justice.
Ohio has furnished five associate
justices to the Supreme Bench and is Of
ficially credited with two Chief Justices,
Samuel P. Chase and Morrison r. Waite,
the latter coming right after the former.
Actually, it would seem that Ohio should
be credited with three. for the late Chief
Justice Taft was an Ohioan. elected as
President from that State. 1t was after
his presidency that he took professor
cI,i ~ Va1a TTniuorcifu aYad main.
tanning residence there at the time Of
his elevation to the Chief Justiceship.
For this reason he now is counted as
having been appointed from Connecticut.
thus making Connecticut one Of the
three States claiming two Chief Justices.
The other was Oliver Ellsworth.
For purposes Of this discussion, May
land and Kentucky have been classed as
Southern States. To be sure, neither
joined the Confederacy, but the civiliza-
tion, the manner of life in these States,
especially before the Civil War, were dis
tinctively Southern and are largely so,
outside the great cities, to this day.
Although New York now is in the lead,
her start was slow. OF course. John Jay,
the first Chief Justice, was New Yorker.
He was appointed in 1889, and it was not
until 1906 that second appointment to
the court from New York was made. H.
Brock Livingston was appointed in that
year and served until 1923. In 1923 Smith
Thompson of New York was named, and
followed in 1845 by Samuel Nelson. These
were all the New York jurists named to
the court prior to the Civil War.
Massachusetts, one of the leading
northern States of the early days, did not
fare well before the war. 1t never has
had a Chief Justice. William Cushing
was appointed to the first court in 1889,
but it was not until 1911 that the second
Bay State man was elevated He was
Joseph Story and has the distinction Of
being the youngest member ever to be
appointed. When commissioned by
President Madison he was but 80 years
of age. He served "a years on the
bench and is regarded as one of the
greatest occupants. The name of Story
at any bar stands in American juris-
prudence on much the same high pedes-
tai as Coke and Blackstone in England.
After Mr.. Justice Story, Massachusetts,
did not receive another appointment to
the court until 1851, when Benjamin r.
Curtis was named. He served one of the
shortest terms, retiring after six years.
Pennsylvania, with record now of six
Justices furnished half of them before
the Civil War. James Wilson was q
member of the first court. but it was not
until 1880 that Henry Baldwin became
the second Pennsylvania to be named.
Robert C. Grier was appointed from
Pennsylvania in 1886, but no other until
after the war.
Although Ohio now has such good
record with five associate justices and
two, or, if one includes Mr.. Taft, three
Chief Justices, the State could boast Of
only one appointment before the Civil
War. John Mclean was named in 1929
and served until 1861. The next Ohio
appointment did not come until 1862,
when the war had begun. Noah H.
Swayne then was named.
*
Louisiana is Southern State only once
represented on the court, but then with
such distinction as to warrant pride. In
1894 Edward Douglas White Of Louisiana
was appointed as associate justice. In
1910 he was elevated to the position Of
Chief Justice of the United States and
by q Republican President. Mr.. Taft.
Chief Justice White was the only Roman
Catholic ever to be named to this high
post.
Another State only once represented is
Mississippi. Here. too, we find remark
oh Tn