Horace Harmon Lurton
Encyclopedia
Horace Harmon Lurton 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 appointed to the Court.
, 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 was later paroled by President Lincoln because of pleas for mercy from his mother.
which was then part of Cumberland University
, but is now part of Samford University
. At Cumberland he was a member of Beta Theta Pi
. Lurton then practiced law in Clarksville, Tennessee
.
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
. From this position, in 1893, Lurton was appointed by President
Grover Cleveland
to a federal appellate judgeship on the U.S. Court of Appeals for the Sixth Circuit
. While still on that court, Lurton first taught at, then served as dean of the Vanderbilt University
School of Law from 1905 until 1909.
William Howard Taft
, named him to a seat on the Supreme Court that had been vacated by the death of Justice Rufus Wheeler Peckham
. This was the first of Taft's six Supreme Court appointments, and surprised some observers because unlike Taft, Lurton was a Democrat
.
Lurton sided most frequently on the court with Oliver Wendell Holmes, Jr.
, a progressive Supreme Court justice.
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 last December, suffering from asthma and then pneumonia.
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 for four years as a Justice of the Supreme Court of the United States
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
. Appointed at the age of 65, Lurton was the oldest justice appointed to the Court.
Life
Lurton was born in Newport, KentuckyNewport, Kentucky
Newport is a city in Campbell County, Kentucky, United States, at the confluence of the Ohio and Licking rivers. The population was 15,273 at the 2010 census. Historically, it was one of four county seats of Campbell County. Newport is part of the Greater Cincinnati, Ohio Metro Area which...
, the son of a physician turned clergyman. He was a Sergeant Major in the Confederate Army during the Civil War
American Civil War
The American Civil War was a civil war fought in the United States of America. In response to the election of Abraham Lincoln as President of the United States, 11 southern slave states declared their secession from the United States and formed the Confederate States of America ; the other 25...
, 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
Prisoner of war
A prisoner of war or enemy prisoner of war is a person, whether civilian or combatant, who is held in custody by an enemy power during or immediately after an armed conflict...
to Johnson's Island
Johnson's Island
Johnson's Island is a island in Sandusky Bay, located on the coast of Lake Erie, 3 miles from the city of Sandusky, Ohio. It was the site of a prisoner-of-war camp for Confederate officers captured during the American Civil War. Johnson's Island was the only Union prison exclusively for Southern...
Prison Camp in Sandusky Bay
Sandusky Bay
Sandusky Bay is a body of water situated in between Erie, Ottawa, and Sandusky counties in the U.S. state of Ohio and just to the south of Lake Erie. Sandusky Bay runs from Muddy Creek Bay to Cedar Point, which is part of Sandusky....
, Ohio
Ohio
Ohio is a Midwestern state in the United States. The 34th largest state by area in the U.S.,it is the 7th‑most populous with over 11.5 million residents, containing several major American cities and seven metropolitan areas with populations of 500,000 or more.The state's capital is Columbus...
. He was later paroled by President Lincoln because of pleas for mercy from his mother.
Education and early practice
Before the war, he attended Douglas University, and then earned an LL.B. in 1867 at Cumberland School of LawCumberland School of Law
Cumberland School of Law is an ABA accredited law school at Samford University in Birmingham, Alabama. The 11th oldest law school in the United States, it is 160 years old and has more than 11,000 graduates. Its alumni include two United States Supreme Court Justices; Nobel Peace Prize recipient...
which was then part of Cumberland University
Cumberland University
Cumberland University is a private university in Lebanon, Tennessee, United States. It was founded in 1842, though the current campus buildings were constructed between 1892 and 1896.-History:...
, but is now part of Samford University
Samford University
Samford University, founded as Howard College is a private, coeducational, Alabama Baptist Convention-affiliated university located in Homewood, a suburb of Birmingham, Alabama, United States. It includes the , Cumberland School of Law, McWhorter School of Pharmacy, Brock School of Business, Ida V....
. At Cumberland he was a member of Beta Theta Pi
Beta Theta Pi
Beta Theta Pi , often just called Beta, is a social collegiate fraternity that was founded in 1839 at Miami University in Oxford, Ohio, USA, where it is part of the Miami Triad which includes Phi Delta Theta and Sigma Chi. It has over 138 active chapters and colonies in the United States and Canada...
. Lurton then practiced law in Clarksville, Tennessee
Clarksville, Tennessee
Clarksville is a city in and the county seat of Montgomery County, Tennessee, United States, and the fifth largest city in the state. The population was 132,929 in 2010 United States Census...
.
Career as a judge
In 1875, Lurton left private practice after being chosen as a judge of the Tennessee Chancery CourtChancery Court
The Chancery Court of York is an ecclesiastical court for the Province of York of the Church of England.The presiding officer, the Official Principal and Auditor, has been the same person as the Dean of the Arches since the nineteenth century . The Court comprises the Auditor, two clergy and two...
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
Tennessee Supreme Court
The Tennessee Supreme Court is the state supreme court of the state of Tennessee. Cornelia Clark is the current Chief Justice.Unlike other states, in which the state attorney general is directly elected or appointed by the governor or state legislature, the Tennessee Supreme Court appoints the...
. From this position, in 1893, Lurton was appointed by 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....
Grover Cleveland
Grover Cleveland
Stephen Grover Cleveland was the 22nd and 24th president of the United States. Cleveland is the only president to serve two non-consecutive terms and therefore is the only individual to be counted twice in the numbering of the presidents...
to a federal appellate judgeship on the U.S. Court of Appeals for the Sixth Circuit
United States Court of Appeals for the Sixth Circuit
The United States Court of Appeals for the Sixth Circuit is a federal court with appellate jurisdiction over the district courts in the following districts:* Eastern District of Kentucky* Western District of Kentucky...
. While still on that court, Lurton first taught at, then served as dean of the Vanderbilt University
Vanderbilt University
Vanderbilt University is a private research university located in Nashville, Tennessee, United States. Founded in 1873, the university is named for shipping and rail magnate "Commodore" Cornelius Vanderbilt, who provided Vanderbilt its initial $1 million endowment despite having never been to the...
School of Law from 1905 until 1909.
Supreme Court service
In 1909, Lurton's friend, PresidentPresident 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....
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...
, named him to a seat on the Supreme Court that had been vacated by the death of Justice Rufus Wheeler Peckham
Rufus Wheeler Peckham
Rufus Wheeler Peckham was an Associate Justice of the Supreme Court of the United States from 1895 until 1909. He was known for his strong use of substantive due process to invalidate regulations of business and property. Peckham's namesake father was also a lawyer and judge, and a congressman...
. This was the first of Taft's six Supreme Court appointments, and surprised some observers because unlike Taft, Lurton was a Democrat
Democratic Party (United States)
The Democratic Party is one of two major contemporary political parties in the United States, along with the Republican Party. The party's socially liberal and progressive platform is largely considered center-left in the U.S. political spectrum. The party has the lengthiest record of continuous...
.
Lurton sided most frequently on the court with Oliver Wendell Holmes, Jr.
Oliver Wendell Holmes, Jr.
Oliver Wendell Holmes, Jr. was an American jurist who served as an Associate Justice of the Supreme Court of the United States from 1902 to 1932...
, a progressive Supreme Court justice.
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
Atlantic City, New Jersey
Atlantic City is a city in Atlantic County, New Jersey, United States, and a nationally renowned resort city for gambling, shopping and fine dining. The city also served as the inspiration for the American version of the board game Monopoly. Atlantic City is located on Absecon Island on the coast...
,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 last December, suffering from asthma and then pneumonia.