Edward Terry Sanford
Encyclopedia
Edward Terry Sanford was an American
jurist
who served as an Associate Justice
on the United States Supreme Court from 1923 until his death in 1930. Prior to his nomination to the high court, Sanford served as an Assistant Attorney General under President Theodore Roosevelt
from 1905 to 1907, and as a federal district court judge from 1908 to 1923. Sanford is typically viewed as a conservative justice, favoring strict adherence to antitrust laws, and often voted with his mentor, Chief Justice William Howard Taft
.
A graduate of Harvard Law School
, Sanford practiced law in his hometown of Knoxville, Tennessee
, during the 1890s and early 1900s. As Assistant Attorney General, he rose to national prominence as lead prosecutor during the high-profile trial of Joseph Shipp
in 1907, which to date is the only criminal trial conducted by the Supreme Court.
Sanford's most lasting impact on American law is arguably his majority opinion in the landmark case, Gitlow v. New York
(1925). This case, which introduced the incorporation doctrine, helped pave the way for many of the Warren Court
's decisions expanding civil rights and civil liberties in the 1950s and 1960s.
(1831–1902) and Swiss immigrant Emma Chavannes. Sanford's father, as president or vice president of nearly a dozen banks and corporations, was one of the primary driving forces behind Knoxville's late-19th century industrial boom. His maternal grandfather, Adrian Chavannes, was the leader of a group of Swiss colonists who arrived in Tennessee in the late 1840s. In 1891, Sanford married Lutie Mallory Woodruff, the daughter of Knoxville hardware magnate W.W. Woodruff.
Sanford received a B.A.
and a Ph.B.
from the University of Tennessee
in 1883, a B.A. from Harvard University
in 1885, an M.A.
from Harvard in 1889, and an LL.B. from Harvard Law School in 1889. He was in private practice in Knoxville from 1890 to 1907, and was a lecturer at the University of Tennessee School of Law
from 1898 to 1907.
One of Sanford's earliest appearances before the Supreme Court came as an attorney representing the appellant, Knoxville Iron Company
, in Knoxville Iron Company v. Harbison (1901). The court ruled in favor of Harbison and upheld states' right to ban companies from paying employees in scrip
rather than cash.
in 1907 under President
Theodore Roosevelt
.
As an Assistant Attorney General he was the lead prosecutor in the high profile trial, United States v. Shipp
, et al. (1907). This case involved a Sheriff, Joseph Shipp, who was convicted of allowing a condemned Negro
prisoner, who was the subject of a United States Supreme Court Writ of Habeas Corpus, to be lynched
. Sanford's conduct of the trial—and particularly his exemplary closing argument
— are said to be part of a "Great American Trial". This is the only criminal trial conducted before the U.S. Supreme Court in which the court exercised original jurisdiction
(the court typically only hears criminal cases on appeal
). It was widely followed in the newspapers.
and the United States District Court for the Eastern District of Tennessee
vacated by Charles D. Clark. Sanford was confirmed by the United States Senate
on May 18, 1908, and received his commission the same day.
William Howard Taft
, President Warren Harding nominated Sanford to the Supreme Court on January 24, 1923, to the seat vacated by Mahlon Pitney
. Sanford was confirmed by the Senate, and received his commission, on January 29, 1923.
Sanford wrote 130 opinions during his seven years on the Court, including his most well known— the majority opinion in Gitlow v. New York
. While upholding a state law banning anarchist literature, the opinion in Gitlow implied that some provisions of the Bill of Rights
(in this case the First Amendment's free speech provisions) apply with equal force to the states via the Due Process Clause of the Fourteenth Amendment
(commonly called "incorporation"). This had "extraordinary consequences for the nationalization of the Bill of Rights during the era of the Warren
Court," which used similar reasoning to incorporate other amendments and expand civil liberties. Gitlow has been cited as precedent in cases such as Near v. Minnesota
(1931), which incorporated the guarantee of freedom of the press
, Griswold v. Connecticut
(1965), which recognized the constitutional right to privacy, and more recently, McDonald v. Chicago
(2010), which incorporated the right to bear arms.
Sanford authored the majority opinion in Okanogan Indians v. United States (commonly called the "Pocket Veto Case"), which upheld the power of the President's "pocket veto
". Other noteworthy opinions by him are Taylor v. Voss, 271 U.S. 176 (1926) and Fiske v. Kansas, 274 U.S. 380 (1927). Sanford voted with the majority in Myers v. United States
(1926), which upheld the president's authority to remove executive branch officials without the Senate's consent, and in Ex parte Grossman (1925), which extended the president's pardoning power. Sanford concurred with Taft's dissent in Adkins v. Children's Hospital
(1923).
Chief Justice Taft is considered by some to have been Justice Sanford's mentor. They routinely sided together in decisions, and were a part of the court's conservative "inner club" that regularly met at the Chief Justice's house for libations and conviviality on Sundays.
on March 8, 1930, just a few hours before retired Chief Justice William Howard Taft. As it was customary for members of the court to attend the funeral of deceased members, this posed a "logistical nightmare", necessitating cross country travel. As had been the case in their careers, Chief Justice Taft's death overshadowed Justice Sanford's demise. Sanford is interred at Greenwood Cemetery in Knoxville, Tennessee.
In 1894, Sanford was chosen to deliver the centennial address at his alma mater, the University of Tennessee. This address, which discusses the institution's history, was published the following year as Blount College and the University of Tennessee: An Historical Address. Sanford's papers are located at various institutions in Tennessee.
Sanford was an active member of Civitan International.
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
jurist
Jurist
A jurist or jurisconsult is a professional who studies, develops, applies, or otherwise deals with the law. The term is widely used in American English, but in the United Kingdom and many Commonwealth countries it has only historical and specialist usage...
who served as an Associate Justice
Associate Justice
Associate Justice or Associate Judge is the title for a member of a judicial panel who is not the Chief Justice in some jurisdictions. The title "Associate Justice" is used for members of the United States Supreme Court and some state supreme courts, and for some other courts in Commonwealth...
on the United States Supreme Court from 1923 until his death in 1930. Prior to his nomination to the high court, Sanford served as an Assistant Attorney General under President Theodore Roosevelt
Theodore Roosevelt
Theodore "Teddy" Roosevelt was the 26th President of the United States . He is noted for his exuberant personality, range of interests and achievements, and his leadership of the Progressive Movement, as well as his "cowboy" persona and robust masculinity...
from 1905 to 1907, and as a federal district court judge from 1908 to 1923. Sanford is typically viewed as a conservative justice, favoring strict adherence to antitrust laws, and often voted with his mentor, Chief Justice William Howard Taft
William Howard Taft
William Howard Taft was the 27th President of the United States and later the tenth Chief Justice of the United States...
.
A graduate of Harvard Law School
Harvard Law School
Harvard Law School is one of the professional graduate schools of Harvard University. Located in Cambridge, Massachusetts, it is the oldest continually-operating law school in the United States and is home to the largest academic law library in the world. The school is routinely ranked by the U.S...
, Sanford practiced law in his hometown of Knoxville, Tennessee
Knoxville, Tennessee
Founded in 1786, Knoxville is the third-largest city in the U.S. state of Tennessee, U.S.A., behind Memphis and Nashville, and is the county seat of Knox County. It is the largest city in East Tennessee, and the second-largest city in the Appalachia region...
, during the 1890s and early 1900s. As Assistant Attorney General, he rose to national prominence as lead prosecutor during the high-profile trial of Joseph Shipp
United States v. Shipp
United States v. Shipp, 203 U.S. 563, was a ruling of the Supreme Court of the United States with regard to events surrounding a lynching in Tennessee. It is the only Supreme Court criminal trial in its history.-Background:...
in 1907, which to date is the only criminal trial conducted by the Supreme Court.
Sanford's most lasting impact on American law is arguably his majority opinion in the landmark case, Gitlow v. New York
Gitlow v. New York
Gitlow v. New York, , was a decision by the United States Supreme Court, which ruled that the Fourteenth Amendment to the United States Constitution had extended the reach of certain provisions of the First Amendment—specifically the provisions protecting freedom of speech and freedom of the...
(1925). This case, which introduced the incorporation doctrine, helped pave the way for many of the Warren Court
Earl Warren
Earl Warren was the 14th Chief Justice of the United States.He is known for the sweeping decisions of the Warren Court, which ended school segregation and transformed many areas of American law, especially regarding the rights of the accused, ending public-school-sponsored prayer, and requiring...
's decisions expanding civil rights and civil liberties in the 1950s and 1960s.
Early life and legal career
Sanford was born in Knoxville in 1865, the eldest son of prominent Knoxville businessman Edward J. SanfordEdward J. Sanford
Edward Jackson Sanford was an American manufacturing tycoon and financier, active primarily in Knoxville, Tennessee, in the late 19th century...
(1831–1902) and Swiss immigrant Emma Chavannes. Sanford's father, as president or vice president of nearly a dozen banks and corporations, was one of the primary driving forces behind Knoxville's late-19th century industrial boom. His maternal grandfather, Adrian Chavannes, was the leader of a group of Swiss colonists who arrived in Tennessee in the late 1840s. In 1891, Sanford married Lutie Mallory Woodruff, the daughter of Knoxville hardware magnate W.W. Woodruff.
Sanford received a B.A.
Bachelor of Arts
A Bachelor of Arts , from the Latin artium baccalaureus, is a bachelor's degree awarded for an undergraduate course or program in either the liberal arts, the sciences, or both...
and a Ph.B.
Bachelor of Philosophy
Bachelor of Philosophy is the title of an academic degree. The degree usually involves considerable research, either through a thesis or supervised research projects...
from the University of Tennessee
University of Tennessee
The University of Tennessee is a public land-grant university headquartered at Knoxville, Tennessee, United States...
in 1883, a B.A. from Harvard University
Harvard University
Harvard University is a private Ivy League university located in Cambridge, Massachusetts, United States, established in 1636 by the Massachusetts legislature. Harvard is the oldest institution of higher learning in the United States and the first corporation chartered in the country...
in 1885, an M.A.
Master of Arts (postgraduate)
A Master of Arts from the Latin Magister Artium, is a type of Master's degree awarded by universities in many countries. The M.A. is usually contrasted with the M.S. or M.Sc. degrees...
from Harvard in 1889, and an LL.B. from Harvard Law School in 1889. He was in private practice in Knoxville from 1890 to 1907, and was a lecturer at the University of Tennessee School of Law
University of Tennessee College of Law
The University of Tennessee College of Law is the law school of the University of Tennessee located in Knoxville, Tennessee. Founded in 1890, the school is fully accredited by the American Bar Association and is a charter member of the Association of American Law Schools.-The Law Center and the...
from 1898 to 1907.
One of Sanford's earliest appearances before the Supreme Court came as an attorney representing the appellant, Knoxville Iron Company
Knoxville Iron Company
The Knoxville Iron Company was an iron production and coal mining company that operated primarily in Knoxville, Tennessee, USA, and its vicinity, in the late 19th and 20th centuries. The company was Knoxville's first major post-Civil War manufacturing firm, and played a key role in bringing heavy...
, in Knoxville Iron Company v. Harbison (1901). The court ruled in favor of Harbison and upheld states' right to ban companies from paying employees in scrip
Scrip
Scrip is an American term for any substitute for currency which is not legal tender and is often a form of credit. Scrips were created as company payment of employees and also as a means of payment in times where regular money is unavailable, such as remote coal towns, military bases, ships on long...
rather than cash.
Assistant Attorney General
Sanford first served in the government as a special assistant to the Attorney General of the United States from 1905 to 1907, and then as Assistant Attorney GeneralUnited States Assistant Attorney General
Many of the divisions and offices of the United States Department of Justice are headed by an Assistant Attorney General.The President of the United States appoints individuals to the position of Assistant Attorney General with the advice and consent of the Senate...
in 1907 under President
President of the United States
The President of the United States of America is the head of state and head of government of the United States. The president leads the executive branch of the federal government and is the commander-in-chief of the United States Armed Forces....
Theodore Roosevelt
Theodore Roosevelt
Theodore "Teddy" Roosevelt was the 26th President of the United States . He is noted for his exuberant personality, range of interests and achievements, and his leadership of the Progressive Movement, as well as his "cowboy" persona and robust masculinity...
.
As an Assistant Attorney General he was the lead prosecutor in the high profile trial, United States v. Shipp
United States v. Shipp
United States v. Shipp, 203 U.S. 563, was a ruling of the Supreme Court of the United States with regard to events surrounding a lynching in Tennessee. It is the only Supreme Court criminal trial in its history.-Background:...
, et al. (1907). This case involved a Sheriff, Joseph Shipp, who was convicted of allowing a condemned Negro
Negro
The word Negro is used in the English-speaking world to refer to a person of black ancestry or appearance, whether of African descent or not...
prisoner, who was the subject of a United States Supreme Court Writ of Habeas Corpus, to be lynched
Lynching
Lynching is an extrajudicial execution carried out by a mob, often by hanging, but also by burning at the stake or shooting, in order to punish an alleged transgressor, or to intimidate, control, or otherwise manipulate a population of people. It is related to other means of social control that...
. Sanford's conduct of the trial—and particularly his exemplary closing argument
Closing argument
A closing argument, summation, or summing up is the concluding statement of each party's counsel reiterating the important arguments for the trier of fact, often the jury, in a court case. A closing argument occurs after the presentation of evidence...
— are said to be part of a "Great American Trial". This is the only criminal trial conducted before the U.S. Supreme Court in which the court exercised original jurisdiction
Original jurisdiction
The original jurisdiction of a court is the power to hear a case for the first time, as opposed to appellate jurisdiction, when a court has the power to review a lower court's decision.-France:...
(the court typically only hears criminal cases on appeal
Appeal
An appeal is a petition for review of a case that has been decided by a court of law. The petition is made to a higher court for the purpose of overturning the lower court's decision....
). It was widely followed in the newspapers.
District judge
On May 14, 1908, Roosevelt nominated Sanford to a seat on the United States District Court for the Middle District of TennesseeUnited States District Court for the Middle District of Tennessee
The United States District Court for the Middle District of Tennessee is the federal trial court for most of Middle Tennessee. Based in Nashville, it was created in 1839 when Congress added a third district to the state...
and the United States District Court for the Eastern District of Tennessee
United States District Court for the Eastern District of Tennessee
The United States District Court for the Eastern District of Tennessee is the federal court in the Sixth Circuit whose jurisdiction covers all of East Tennessee and a portion of Middle Tennessee. The court has jurisdiction over 41 counties with 4 divisions...
vacated by Charles D. Clark. Sanford was confirmed by the United States Senate
United States Senate
The United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each...
on May 18, 1908, and received his commission the same day.
Supreme Court
Upon the advice of Sanford's friend, Chief JusticeChief Justice of the United States
The Chief Justice of the United States is the head of the United States federal court system and the chief judge of the Supreme Court of the United States. The Chief Justice is one of nine Supreme Court justices; the other eight are the Associate Justices of the Supreme Court of the United States...
William Howard Taft
William Howard Taft
William Howard Taft was the 27th President of the United States and later the tenth Chief Justice of the United States...
, President Warren Harding nominated Sanford to the Supreme Court on January 24, 1923, to the seat vacated by Mahlon Pitney
Mahlon Pitney
Mahlon Pitney was an American jurist and Republican Party politician from New Jersey, who served in the United States Congress and as an Associate Justice of the United States Supreme Court.-Biography:...
. Sanford was confirmed by the Senate, and received his commission, on January 29, 1923.
Sanford wrote 130 opinions during his seven years on the Court, including his most well known— the majority opinion in Gitlow v. New York
Gitlow v. New York
Gitlow v. New York, , was a decision by the United States Supreme Court, which ruled that the Fourteenth Amendment to the United States Constitution had extended the reach of certain provisions of the First Amendment—specifically the provisions protecting freedom of speech and freedom of the...
. While upholding a state law banning anarchist literature, the opinion in Gitlow implied that some provisions of the Bill of Rights
Bill of rights
A bill of rights is a list of the most important rights of the citizens of a country. The purpose of these bills is to protect those rights against infringement. The term "bill of rights" originates from England, where it referred to the Bill of Rights 1689. Bills of rights may be entrenched or...
(in this case the First Amendment's free speech provisions) apply with equal force to the states via the Due Process Clause of the Fourteenth Amendment
Fourteenth Amendment to the United States Constitution
The Fourteenth Amendment to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments.Its Citizenship Clause provides a broad definition of citizenship that overruled the Dred Scott v...
(commonly called "incorporation"). This had "extraordinary consequences for the nationalization of the Bill of Rights during the era of the Warren
Earl Warren
Earl Warren was the 14th Chief Justice of the United States.He is known for the sweeping decisions of the Warren Court, which ended school segregation and transformed many areas of American law, especially regarding the rights of the accused, ending public-school-sponsored prayer, and requiring...
Court," which used similar reasoning to incorporate other amendments and expand civil liberties. Gitlow has been cited as precedent in cases such as Near v. Minnesota
Near v. Minnesota
Near v. Minnesota, 283 U.S. 697 , was a United States Supreme Court decision that recognized the freedom of the press by roundly rejecting prior restraints on publication, a principle that was applied to free speech generally in subsequent jurisprudence...
(1931), which incorporated the guarantee of freedom of the press
Freedom of the press
Freedom of the press or freedom of the media is the freedom of communication and expression through vehicles including various electronic media and published materials...
, Griswold v. Connecticut
Griswold v. Connecticut
Griswold v. Connecticut, , was a landmark case in which the Supreme Court of the United States ruled that the Constitution protected a right to privacy. The case involved a Connecticut law that prohibited the use of contraceptives...
(1965), which recognized the constitutional right to privacy, and more recently, McDonald v. Chicago
McDonald v. Chicago
McDonald v. Chicago, 561 U.S. 3025, 130 S.Ct. 3020 , was a landmark decision of the Supreme Court of the United States that determined whether the Second Amendment applies to the individual states...
(2010), which incorporated the right to bear arms.
Sanford authored the majority opinion in Okanogan Indians v. United States (commonly called the "Pocket Veto Case"), which upheld the power of the President's "pocket veto
Pocket veto
A pocket veto is a legislative maneuver in United States federal lawmaking that allows the President to veto a bill indirectly.The U.S. Constitution limits the President's period for decision on whether to sign or veto any legislation to ten days while the United States Congress is in session...
". Other noteworthy opinions by him are Taylor v. Voss, 271 U.S. 176 (1926) and Fiske v. Kansas, 274 U.S. 380 (1927). Sanford voted with the majority in Myers v. United States
Myers v. United States
Myers v. United States, , was a United States Supreme Court decision ruling that the President has the exclusive power to remove executive branch officials, and does not need the approval of the Senate or any other legislative body....
(1926), which upheld the president's authority to remove executive branch officials without the Senate's consent, and in Ex parte Grossman (1925), which extended the president's pardoning power. Sanford concurred with Taft's dissent in Adkins v. Children's Hospital
Adkins v. Children's Hospital
Adkins v. Children's Hospital, , is a Supreme Court opinion holding that federal minimum wage legislation for women was an unconstitutional infringement of liberty of contract, as protected by the due process clause of the Fifth Amendment....
(1923).
Chief Justice Taft is considered by some to have been Justice Sanford's mentor. They routinely sided together in decisions, and were a part of the court's conservative "inner club" that regularly met at the Chief Justice's house for libations and conviviality on Sundays.
Death and legacy
Justice Sanford unexpectedly died of Uremic poisoning following a tooth extraction in Washington, D.C.Washington, D.C.
Washington, D.C., formally the District of Columbia and commonly referred to as Washington, "the District", or simply D.C., is the capital of the United States. On July 16, 1790, the United States Congress approved the creation of a permanent national capital as permitted by the U.S. Constitution....
on March 8, 1930, just a few hours before retired Chief Justice William Howard Taft. As it was customary for members of the court to attend the funeral of deceased members, this posed a "logistical nightmare", necessitating cross country travel. As had been the case in their careers, Chief Justice Taft's death overshadowed Justice Sanford's demise. Sanford is interred at Greenwood Cemetery in Knoxville, Tennessee.
In 1894, Sanford was chosen to deliver the centennial address at his alma mater, the University of Tennessee. This address, which discusses the institution's history, was published the following year as Blount College and the University of Tennessee: An Historical Address. Sanford's papers are located at various institutions in Tennessee.
Sanford was an active member of Civitan International.
Publications
- Sanford, Edward Terry. (18 June, 1895) Blount College and the University of Tennessee: An Historical Address at Google books.
See also
- Demographics of the Supreme Court of the United StatesDemographics of the Supreme Court of the United StatesThe demographics of the Supreme Court of the United States encompass the gender, ethnic, religious, geographic, and economic backgrounds of the 112 justices appointed to the Supreme Court. Certain of these characteristics have been raised as an issue since the Court was established in 1789. For its...
- List of Justices of the Supreme Court of the United States
- List of law clerks of the Supreme Court of the United States
- List of United States Chief Justices by time in office
- List of U.S. Supreme Court Justices by time in office
- United States Supreme Court cases during the Taft Court
External links
- Bibliography, Justice Edward Terry Sanford at 6th Circuit U.S. Court of Appeals.