Howell Edmunds Jackson
Encyclopedia
Howell Edmunds Jackson (April 8, 1832 – August 8, 1895) was an American jurist
and politician
. He served on the United States Supreme Court, in the U.S. Senate, United States Court of Appeals for the Sixth Circuit
, and the Tennessee House of Representatives
. He authored notable opinions on the Interstate Commerce Act and the Sherman Anti-Trust Act. His secretary on the Supreme Court was James Clark McReynolds
who became a Supreme Court Justice.
to Alexander Jackson, a doctor, and Mary Hurt Jackson, the daughter of a Baptist minister, both natives of Virginia
. He moved to Jackson, Tennessee
, with his parents at the age of eight where his father would be elected as a Whig
to the state legislature and subsequently as Jackson's mayor.
Howell graduated from West Tennessee College (now Union University
) in 1849, where he studied Greek and Latin, then attended the University of Virginia
for two years and then earned a law degree
from Cumberland University
. He then returned to Tennessee and clerked for Judge A.W.O. Totten of the Tennessee Supreme Court
, and Milton Brown
, a former U.S. Representative. The next year Howell attended Cumberland School of Law
in Lebanon, Tennessee and graduated in 1856. Upon admission to the bar
, he practiced first in Jackson, but was unable to establish a successful practice, so he relocated to Memphis
and partnered with David M. Currin, a prominent Democrat. In Memphis he married Sophia Malloy, the daughter of a local client.
as a receiver of property confiscated from Unionists during the Civil War
. His brother William Hicks Jackson
was a Confederate brigadier-general.
After the fall of Memphis in 1862, he and his family spent the remainder of the war in LaGrange, Georgia.
outbreak, leaving him to care for their children. He subsequently married Mary E. Harding, who was the daughter of William G. Harding, a wealthy Nashville landowner. This marriage put him in contact with numerous prominent citizens and the estate her father gave them provided his family with the appearance of wealth. However, Howell's family was not wealthy, in part, because of the trouble he had collecting payments from clients. He returned to Jackson in 1874 and served on the Court of Arbitration for West Tennessee
on two occasions.
as a Democrat in 1880. After taking his seat, a bitter fight ensued over the election of a U.S. Senator by the Tennessee General Assembly
. Jackson was promoted as a compromise candidate and with the support of both Democrats and Republicans, succeeded on the first ballot.
He took office on March 4, 1881 and served for five years, during which time he supported issues such as civil service reforms, creation of an Interstate Commerce Commission, and restrictions of Chinese immigration.
Jackson resigned from the Senate on April 14, 1886 to accept appointment by President
Grover Cleveland
to the United States circuit court
for the Sixth Circuit, which then became the United States Court of Appeals for the Sixth Circuit
. He served with distinction and wrote notable opinions on the Interstate Commerce Act and the Sherman Anti-Trust Act.
, despite the difference in their respective political parties, nominated him to be an Associate Justice of the Supreme Court of the United States
upon the death of Lucius Q. C. Lamar. His nomination was non-partisan, and was announced on February 2, 1893. He was confirmed only 16 days later by a unanimous Senate vote at the age of 60.
He wrote forty-six opinions and four dissents. His experience in patent law served the Court well since it was clogged with patent cases at that time.
Jackson contracted tuberculosis
one year after joining the Court. His brother William asked Congress to pass a retirement bill for him, but Jackson recovered and returned to the Court. There he cast one final vote on a case brought over the constitutionality of the national income tax
passed in August 1894, which levied a 2% tax on income over $4,000. Jackson's return sparked attention, and one reporter commented that:
Jackson, however, did not cast a tie-breaking vote. The Court held that the tax was unconstitutional but Jackson voted with the minority. In a stinging dissent he lambasted the Court's ruling stating that it "was the most disastrous blow ever struck at the Constitutional power of Congress."
Three months later he died in Nashville. Eighteen years later the Sixteenth Amendment
was passed, giving Congress power to enact the disputed tax.
Howell Jackson is buried in Nashville's
Mount Olivet Cemetery
.
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...
and politician
Politics
Politics is a process by which groups of people make collective decisions. The term is generally applied to the art or science of running governmental or state affairs, including behavior within civil governments, but also applies to institutions, fields, and special interest groups such as the...
. He served on the United States Supreme Court, in the U.S. Senate, United States 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...
, and the Tennessee House of Representatives
Tennessee House of Representatives
The Tennessee House of Representatives is the lower house of the Tennessee General Assembly, the state legislature of the U.S. state of Tennessee.-Constitutional requirements:...
. He authored notable opinions on the Interstate Commerce Act and the Sherman Anti-Trust Act. His secretary on the Supreme Court was James Clark McReynolds
James Clark McReynolds
James Clark McReynolds was an American lawyer and judge who served as United States Attorney General under President Woodrow Wilson and as an Associate Justice of the United States Supreme Court...
who became a Supreme Court Justice.
Early life
Jackson was born in Paris, TennesseeParis, Tennessee
Paris is a city in Henry County, Tennessee, United States, west of Nashville, on a fork of the West Sandy River. In 1900, 2,018 people lived in Paris, Tennessee; in 1910, 3,881; and in 1940, 6,395. As of the 2000 census, the city had a total population of 9,763. It is the county seat of Henry...
to Alexander Jackson, a doctor, and Mary Hurt Jackson, the daughter of a Baptist minister, both natives of Virginia
Virginia
The Commonwealth of Virginia , is a U.S. state on the Atlantic Coast of the Southern United States. Virginia is nicknamed the "Old Dominion" and sometimes the "Mother of Presidents" after the eight U.S. presidents born there...
. He moved to Jackson, Tennessee
Jackson, Tennessee
Jackson is a city in Madison County, Tennessee, United States. The total population was 65,211 at the 2010 census. Jackson is the primary city of the Jackson, Tennessee metropolitan area, which is included in the Jackson-Humboldt, Tennessee Combined Statistical Area...
, with his parents at the age of eight where his father would be elected as a Whig
Whig Party (United States)
The Whig Party was a political party of the United States during the era of Jacksonian democracy. Considered integral to the Second Party System and operating from the early 1830s to the mid-1850s, the party was formed in opposition to the policies of President Andrew Jackson and his Democratic...
to the state legislature and subsequently as Jackson's mayor.
Howell graduated from West Tennessee College (now Union University
Union University
Union University is a private, evangelical Christian, liberal arts university located in Jackson, Tennessee, with additional campuses in Germantown, Tennessee, and Hendersonville, Tennessee...
) in 1849, where he studied Greek and Latin, then attended the University of Virginia
University of Virginia
The University of Virginia is a public research university located in Charlottesville, Virginia, United States, founded by Thomas Jefferson...
for two years and then earned a law degree
Law degree
A Law degree is an academic degree conferred for studies in law. Such degrees are generally preparation for legal careers; but while their curricula may be reviewed by legal authority, they do not themselves confer a license...
from 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:...
. He then returned to Tennessee and clerked for Judge A.W.O. Totten of 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...
, and Milton Brown
Milton Brown (politician)
Milton Brown was a U.S. Representative from Tennessee.-Biography:He was born in Lebanon, Ohio, but later moved to Nashville, Tennessee. Brown studied law and was admitted to the Tennessee bar and began his practice in Paris, Tennessee, but later from Paris south to Jackson, Tennessee...
, a former U.S. Representative. The next year Howell attended Cumberland School of Law
Cumberland 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...
in Lebanon, Tennessee and graduated in 1856. Upon admission to the bar
Bar (law)
Bar in a legal context has three possible meanings: the division of a courtroom between its working and public areas; the process of qualifying to practice law; and the legal profession.-Courtroom division:...
, he practiced first in Jackson, but was unable to establish a successful practice, so he relocated to Memphis
Memphis, Tennessee
Memphis is a city in the southwestern corner of the U.S. state of Tennessee, and the county seat of Shelby County. The city is located on the 4th Chickasaw Bluff, south of the confluence of the Wolf and Mississippi rivers....
and partnered with David M. Currin, a prominent Democrat. In Memphis he married Sophia Malloy, the daughter of a local client.
Civil War
Although opposed to secession, he served the ConfederacyConfederate States of America
The Confederate States of America was a government set up from 1861 to 1865 by 11 Southern slave states of the United States of America that had declared their secession from the U.S...
as a receiver of property confiscated from Unionists 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...
. His brother William Hicks Jackson
William Hicks Jackson
William Hicks "Red" Jackson was a cotton planter, horse breeder, and general in the Confederate States Army during the American Civil War.-Early life and career:...
was a Confederate brigadier-general.
After the fall of Memphis in 1862, he and his family spent the remainder of the war in LaGrange, Georgia.
Career in Memphis, TN
After the war, Jackson took an oath of allegiance to the Union, which allowed him to return to the practice of law in Memphis. He took a new partner, Bedford M. Estes, and their practice grew to represent prominent businesses, including banks, railroads and some northern business interests. In 1873 he lost his wife during a yellow feverYellow fever
Yellow fever is an acute viral hemorrhagic disease. The virus is a 40 to 50 nm enveloped RNA virus with positive sense of the Flaviviridae family....
outbreak, leaving him to care for their children. He subsequently married Mary E. Harding, who was the daughter of William G. Harding, a wealthy Nashville landowner. This marriage put him in contact with numerous prominent citizens and the estate her father gave them provided his family with the appearance of wealth. However, Howell's family was not wealthy, in part, because of the trouble he had collecting payments from clients. He returned to Jackson in 1874 and served on the Court of Arbitration for West Tennessee
West Tennessee
West Tennessee is one of the three Grand Divisions of the State of Tennessee. Of the three, it is the one that is most sharply defined geographically. Its boundaries are the Mississippi River on the west and the Tennessee River on the east...
on two occasions.
Later career
He was elected to the Tennessee House of RepresentativesTennessee House of Representatives
The Tennessee House of Representatives is the lower house of the Tennessee General Assembly, the state legislature of the U.S. state of Tennessee.-Constitutional requirements:...
as a Democrat in 1880. After taking his seat, a bitter fight ensued over the election of a U.S. Senator by the Tennessee General Assembly
Tennessee General Assembly
The Tennessee General Assembly is the state legislature of the U.S. state of Tennessee.-Constitutional structure:According to the Tennessee State Constitution of 1870, the General Assembly is a bicameral legislature and consists of a Senate of thirty-three members and a House of Representatives of...
. Jackson was promoted as a compromise candidate and with the support of both Democrats and Republicans, succeeded on the first ballot.
He took office on March 4, 1881 and served for five years, during which time he supported issues such as civil service reforms, creation of an Interstate Commerce Commission, and restrictions of Chinese immigration.
Jackson resigned from the Senate on April 14, 1886 to accept appointment 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 the United States circuit court
United States circuit court
The United States circuit courts were the original intermediate level courts of the United States federal court system. They were established by the Judiciary Act of 1789. They had trial court jurisdiction over civil suits of diversity jurisdiction and major federal crimes. They also had appellate...
for the Sixth Circuit, which then became the United States 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...
. He served with distinction and wrote notable opinions on the Interstate Commerce Act and the Sherman Anti-Trust Act.
U.S. Supreme Court
He served on the Sixth Circuit until 1893, when President Benjamin HarrisonBenjamin Harrison
Benjamin Harrison was the 23rd President of the United States . Harrison, a grandson of President William Henry Harrison, was born in North Bend, Ohio, and moved to Indianapolis, Indiana at age 21, eventually becoming a prominent politician there...
, despite the difference in their respective political parties, nominated him to be an Associate 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...
upon the death of Lucius Q. C. Lamar. His nomination was non-partisan, and was announced on February 2, 1893. He was confirmed only 16 days later by a unanimous Senate vote at the age of 60.
He wrote forty-six opinions and four dissents. His experience in patent law served the Court well since it was clogged with patent cases at that time.
Jackson contracted tuberculosis
Tuberculosis
Tuberculosis, MTB, or TB is a common, and in many cases lethal, infectious disease caused by various strains of mycobacteria, usually Mycobacterium tuberculosis. Tuberculosis usually attacks the lungs but can also affect other parts of the body...
one year after joining the Court. His brother William asked Congress to pass a retirement bill for him, but Jackson recovered and returned to the Court. There he cast one final vote on a case brought over the constitutionality of the national income tax
Income tax
An income tax is a tax levied on the income of individuals or businesses . Various income tax systems exist, with varying degrees of tax incidence. Income taxation can be progressive, proportional, or regressive. When the tax is levied on the income of companies, it is often called a corporate...
passed in August 1894, which levied a 2% tax on income over $4,000. Jackson's return sparked attention, and one reporter commented that:
He interested the crowd more than all the rest of the bench; that his life can last but a short time and that it will probably be shortened by the effort which he has made to attend the hearing.
Jackson, however, did not cast a tie-breaking vote. The Court held that the tax was unconstitutional but Jackson voted with the minority. In a stinging dissent he lambasted the Court's ruling stating that it "was the most disastrous blow ever struck at the Constitutional power of Congress."
Three months later he died in Nashville. Eighteen years later the Sixteenth Amendment
Sixteenth Amendment to the United States Constitution
The Sixteenth Amendment to the United States Constitution allows the Congress to levy an income tax without apportioning it among the states or basing it on Census results...
was passed, giving Congress power to enact the disputed tax.
Howell Jackson is buried in Nashville's
Nashville, Tennessee
Nashville is the capital of the U.S. state of Tennessee and the county seat of Davidson County. It is located on the Cumberland River in Davidson County, in the north-central part of the state. The city is a center for the health care, publishing, banking and transportation industries, and is home...
Mount Olivet Cemetery
Mount Olivet Cemetery (Nashville)
Mount Olivet Cemetery is a 250-acre cemetery located in Nashville, Tennessee.Mount Olivet has been continuously operated since its establishment in 1856. It serves as the final resting place for many of Middle Tennessee's political and business leaders, including several former governors of...
.