Rufus Wheeler Peckham
Encyclopedia
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
. His older brother, Wheeler Hazard Peckham
(1833 – 1905), was one of the lawyers who prosecuted Boss Tweed
, and a failed nominee to the Supreme Court. His other brother, John Henry, died at the age of 17.
Peckham was born in Albany, New York
, to Rufus Wheeler Peckham and Isabella Adeline; his mother died when he was only nine. Following his graduation from The Albany Academy
, he followed in his father's footsteps as a lawyer, being admitted to the bar in Albany in 1859 after teaching himself law by studying in his father's office. After a decade of private practice, Peckham served as the Albany district attorney from 1869 from 1872. Peckham then returned to private legal practice and served as counsel to the City of Albany, until being elected as a trial judge on the New York Supreme Court
in 1883. In 1886, Peckham was elected to the New York Court of Appeals
, the highest court in the state. This was the third position that Peckham had held after his father, who had also served as the Albany D.A., on the New York Supreme Court, and finally on the Court of Appeals until his death in the 1873 Ville du Havre
sinking.
Peckham was active in local Democratic politics, and served as a New York delegate to the 1876 Democratic National Convention
. He was also a confidant to such tycoons as J. Pierpont Morgan, Cornelius Vanderbilt
, and John D. Rockefeller
. Many believed these relationships predisposed Peckham to favor business interests while on the Supreme Court.
Rufus Peckham's brother Wheeler was a nominee to the U.S. Supreme Court by President Grover Cleveland
, in 1894. However, this nomination was caught in the middle of a political tug-of-war between Cleveland and New York
Senator
David Hill
, and Wheeler was the second nominee of Cleveland's that Hill managed to block; Senator Edward Douglass White
was instead confirmed to the Court. By the time another seat on the Court was vacant after the death of Howell E. Jackson in 1895, Hill was weakened politically and Cleveland turned to Rufus Peckham, who was confirmed within six days on December of that year (by a Republican-controlled Senate) and took his oath of office in January 1896. As of 2010, Peckham remains the last Supreme Court Justice nominated by a Democratic President when the Senate had a Republican majority.
Peckham's stint on the Court has been called by many scholars the height of "laissez-faire
" constitutionalism, during which the Court regularly struck down efforts to regulate labor standards and relations. Peckham's most notorious opinion was in Lochner v. New York
(1905), in which the Court invalidated a limitation on bakers' working hours to sixty per week as being contrary to the individual right to freely contract, and as being unnecessary to protect health or safety. This contrasts with his seminal administrative law opinion, North American Cold Storage Co. v. Chicago (1908), where he upheld a Chicago ordinance that permitted inspectors to destroy unsafe food summarily without first granting a hearing to the property owner.
Beyond Lochner, Peckham is perhaps best known for his expansive interpretation of the Sherman antitrust law, which he saw as protecting sturdy small businessmen against unfair corporate competition. His opinions on civil rights for African Americans are remarkable only for the abandonment of his usual antistatism in voting to uphold Jim Crow laws - the most notable being Plessy v. Ferguson
(1896), in which he silently joined the majority. On the other hand, he and Justice David Brewer were far more likely than any of their colleagues to vote in favor of Chinese litigants in the many immigration cases that came before the Court.
Peckham served on the Court until his death on October 24, 1909, at age 70, writing 303 opinions and dissenting only nine times. He was buried in Albany Rural Cemetery
in Menands, New York
, later to be joined by his wife, Harriette Maria Arnold (December 13, 1839 - July 25, 1917). They both outlived both of their sons: Henry Arnold (August 6, 1868 – February 16, 1907) and Rufus Wheeler Jr. (January 28, 1870 – September 16, 1899).
Associate Justice of the Supreme Court of the United States
Associate Justices of the Supreme Court of the United States are the members of the Supreme Court of the United States other than the Chief Justice of the United States...
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...
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
Rufus Wheeler Peckham (1809-1873)
Rufus Wheeler Peckham was a judge and congressman from New York, and the father of a U.S. Supreme Court justice.-Biography:...
was also a lawyer and judge, and a congressman
United States House of Representatives
The United States House of Representatives is one of the two Houses of the United States Congress, the bicameral legislature which also includes the Senate.The composition and powers of the House are established in Article One of the Constitution...
. His older brother, Wheeler Hazard Peckham
Wheeler Hazard Peckham
Wheeler Hazard Peckham was an American lawyer from New York and a failed nominee to the Supreme Court of the United States. His father, Rufus Wheeler Peckham, was also a lawyer, and a New York Court of Appeals judge and congressman. His brother, also named Rufus Wheeler Peckham, was also a New...
(1833 – 1905), was one of the lawyers who prosecuted Boss Tweed
Boss Tweed
William Magear Tweed – often erroneously referred to as William Marcy Tweed , and widely known as "Boss" Tweed – was an American politician most notable for being the "boss" of Tammany Hall, the Democratic Party political machine that played a major role in the politics of 19th century...
, and a failed nominee to the Supreme Court. His other brother, John Henry, died at the age of 17.
Peckham was born in Albany, New York
Albany, New York
Albany is the capital city of the U.S. state of New York, the seat of Albany County, and the central city of New York's Capital District. Roughly north of New York City, Albany sits on the west bank of the Hudson River, about south of its confluence with the Mohawk River...
, to Rufus Wheeler Peckham and Isabella Adeline; his mother died when he was only nine. Following his graduation from The Albany Academy
The Albany Academy
The Albany Academy is an independent college preparatory day school for boys in Albany, New York, USA, enrolling students from Preschool to Grade 12. It was established in 1813 by a charter signed by Mayor Philip Schuyler Van Rensselaer and the city council of Albany...
, he followed in his father's footsteps as a lawyer, being admitted to the bar in Albany in 1859 after teaching himself law by studying in his father's office. After a decade of private practice, Peckham served as the Albany district attorney from 1869 from 1872. Peckham then returned to private legal practice and served as counsel to the City of Albany, until being elected as a trial judge on the New York Supreme Court
New York Supreme Court
The Supreme Court of the State of New York is the trial-level court of general jurisdiction in thestate court system of New York, United States. There is a supreme court in each of New York State's 62 counties, although some smaller counties share judges with neighboring counties...
in 1883. In 1886, Peckham was elected to the New York Court of Appeals
New York Court of Appeals
The New York Court of Appeals is the highest court in the U.S. state of New York. The Court of Appeals consists of seven judges: the Chief Judge and six associate judges who are appointed by the Governor to 14-year terms...
, the highest court in the state. This was the third position that Peckham had held after his father, who had also served as the Albany D.A., on the New York Supreme Court, and finally on the Court of Appeals until his death in the 1873 Ville du Havre
Ville du Havre
Ville du Havre was a French iron steamship that operated round trips between the northern coast of France and New York. Launched in 1866 under her original name of Napoléon III, she was converted from a paddle steamer to single propeller propulsion in 1871 and renamed Ville du Havre.In the early...
sinking.
Peckham was active in local Democratic politics, and served as a New York delegate to the 1876 Democratic National Convention
Democratic National Convention
The Democratic National Convention is a series of presidential nominating conventions held every four years since 1832 by the United States Democratic Party. They have been administered by the Democratic National Committee since the 1852 national convention...
. He was also a confidant to such tycoons as J. Pierpont Morgan, Cornelius Vanderbilt
Cornelius Vanderbilt
Cornelius Vanderbilt , also known by the sobriquet Commodore, was an American entrepreneur who built his wealth in shipping and railroads. He was also the patriarch of the Vanderbilt family and one of the richest Americans in history...
, and John D. Rockefeller
John D. Rockefeller
John Davison Rockefeller was an American oil industrialist, investor, and philanthropist. He was the founder of the Standard Oil Company, which dominated the oil industry and was the first great U.S. business trust. Rockefeller revolutionized the petroleum industry and defined the structure of...
. Many believed these relationships predisposed Peckham to favor business interests while on the Supreme Court.
Rufus Peckham's brother Wheeler was a nominee to the U.S. Supreme Court by President 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...
, in 1894. However, this nomination was caught in the middle of a political tug-of-war between Cleveland and New York
New York
New York is a state in the Northeastern region of the United States. It is the nation's third most populous state. New York is bordered by New Jersey and Pennsylvania to the south, and by Connecticut, Massachusetts and Vermont to the east...
Senator
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...
David Hill
David B. Hill
David Bennett Hill was an American politician from New York who was the 29th Governor of New York from 1885 to 1891.-Life:...
, and Wheeler was the second nominee of Cleveland's that Hill managed to block; Senator Edward Douglass White
Edward Douglass White
Edward Douglass White, Jr. , American politician and jurist, was a United States senator, Associate Justice of the United States Supreme Court and the ninth Chief Justice of the United States. He was best known for formulating the Rule of Reason standard of antitrust law. He also sided with the...
was instead confirmed to the Court. By the time another seat on the Court was vacant after the death of Howell E. Jackson in 1895, Hill was weakened politically and Cleveland turned to Rufus Peckham, who was confirmed within six days on December of that year (by a Republican-controlled Senate) and took his oath of office in January 1896. As of 2010, Peckham remains the last Supreme Court Justice nominated by a Democratic President when the Senate had a Republican majority.
Laissez-faire
In economics, laissez-faire describes an environment in which transactions between private parties are free from state intervention, including restrictive regulations, taxes, tariffs and enforced monopolies....
" constitutionalism, during which the Court regularly struck down efforts to regulate labor standards and relations. Peckham's most notorious opinion was in Lochner v. New York
Lochner v. New York
Lochner vs. New York, , was a landmark United States Supreme Court case that held a "liberty of contract" was implicit in the due process clause of the Fourteenth Amendment. The case involved a New York law that limited the number of hours that a baker could work each day to ten, and limited the...
(1905), in which the Court invalidated a limitation on bakers' working hours to sixty per week as being contrary to the individual right to freely contract, and as being unnecessary to protect health or safety. This contrasts with his seminal administrative law opinion, North American Cold Storage Co. v. Chicago (1908), where he upheld a Chicago ordinance that permitted inspectors to destroy unsafe food summarily without first granting a hearing to the property owner.
Beyond Lochner, Peckham is perhaps best known for his expansive interpretation of the Sherman antitrust law, which he saw as protecting sturdy small businessmen against unfair corporate competition. His opinions on civil rights for African Americans are remarkable only for the abandonment of his usual antistatism in voting to uphold Jim Crow laws - the most notable being Plessy v. Ferguson
Plessy v. Ferguson
Plessy v. Ferguson, 163 U.S. 537 , is a landmark United States Supreme Court decision in the jurisprudence of the United States, upholding the constitutionality of state laws requiring racial segregation in private businesses , under the doctrine of "separate but equal".The decision was handed...
(1896), in which he silently joined the majority. On the other hand, he and Justice David Brewer were far more likely than any of their colleagues to vote in favor of Chinese litigants in the many immigration cases that came before the Court.
Peckham served on the Court until his death on October 24, 1909, at age 70, writing 303 opinions and dissenting only nine times. He was buried in Albany Rural Cemetery
Albany Rural Cemetery
The Albany Rural Cemetery was established October 7, 1844, in Menands, New York, just outside of the city of Albany, New York. It is renowned as one of the most beautiful, pastoral cemeteries in the United States, at over . Many historical American figures are buried there.-History:On April 2,...
in Menands, New York
Menands, New York
Menands is a village in Albany County, New York, United States. The population was 3,990 at the 2010 census. The village is named after Louis Menand...
, later to be joined by his wife, Harriette Maria Arnold (December 13, 1839 - July 25, 1917). They both outlived both of their sons: Henry Arnold (August 6, 1868 – February 16, 1907) and Rufus Wheeler Jr. (January 28, 1870 – September 16, 1899).
Further reading
- Ely, James W., Jr., "Rufus W. Peckham and Economic Liberty," Vanderbilt Law Review, 62 (March 2009), 591–638.