Wheeler Hazard Peckham
Encyclopedia
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 York lawyer, state court judge, and U.S. Supreme Court Justice.
, on New Year's Day
, 1833 to Rufus Wheeler Peckham and Isabella Adoline; his mother died when he was 15. He was educated at The Albany Academy
and at his father's alma mater, Union College
, where he joined The Kappa Alpha Society
before leaving early due to poor health. After studying law at his father's partnership with Lyman Tremain
, Peckham left New York to practice in the northwestern United States, where he became what the New York Times called "one of the best known attorneys in that part of the country."
leader "Boss" Tweed
with Tremain in 1873. Peckham again represented the State against Tweed in 1876, when he won a $6 million verdict in a civil fraud suit.
Championed by his brother and businessman Daniel Manning
, Peckham was appointed by Governor Grover Cleveland
as New York County District Attorney
on November 30, 1883, to fill the vacancy caused by the death of John McKeon
, despite pressure from a barrage of applicants. However, Peckham tendered his resignation a mere eight days after taking the oath of office, citing ill health. He then returned to private practice in the Wall Street
offices of Miller, Peckham & Dixon, where he focused primarily on civil practice. Peckham also served as the President of the New York City Bar Association from 1892 to 1894.
, nominated Peckham to replace Samuel Blatchford
on the U.S. Supreme Court. However, this nomination was caught in the middle of a political tug-of-war between Cleveland and U.S. Senator from New York David B. Hill
, and Wheeler became the second nominee of Cleveland's that Hill managed to block, by a Senate vote of 32-41 on February 16, 1894; 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 Wheeler's brother, Rufus, who was confirmed within six days.
Peckham is buried in the Peckham family plot at Albany Rural Cemetery
, along with his wife, Annie Aertsen Keasbey (1826, Salem, New Jersey
– October 30, 1916), whom he married in 1855. His father, who was lost at sea, also has a cenotaph
there.
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
lawyer from 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...
and a failed nominee to 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...
. His father, Rufus Wheeler Peckham
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 a 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...
judge and 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 brother, also named 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...
, was also a New York lawyer, state court judge, and U.S. Supreme Court Justice.
Early life
Peckham was born in Albany, New YorkAlbany, 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...
, on New Year's Day
New Year's Day
New Year's Day is observed on January 1, the first day of the year on the modern Gregorian calendar as well as the Julian calendar used in ancient Rome...
, 1833 to Rufus Wheeler Peckham and Isabella Adoline; his mother died when he was 15. He was educated at 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...
and at his father's alma mater, Union College
Union College
Union College is a private, non-denominational liberal arts college located in Schenectady, New York, United States. Founded in 1795, it was the first institution of higher learning chartered by the New York State Board of Regents. In the 19th century, it became the "Mother of Fraternities", as...
, where he joined The Kappa Alpha Society
Kappa Alpha Society
The Kappa Alpha Society , founded in 1825, was the progenitor of the modern fraternity system in North America. It was the first of the fraternities which would eventually become known as the Union Triad...
before leaving early due to poor health. After studying law at his father's partnership with Lyman Tremain
Lyman Tremain
Lyman Tremain was a jurist and politician from New York.He was admitted to the bar in 1840 and practiced in Durham, where he was elected to his first political office as town supervisor in 1842. He was appointed District Attorney of Greene County in 1844...
, Peckham left New York to practice in the northwestern United States, where he became what the New York Times called "one of the best known attorneys in that part of the country."
Legal practice in New York City
Poor health caused him to return to New York City in 1867, where he established the firm of Miller & Peckham and gained fame first as a constitutional lawyer, and later as a special prosecutor for the State. He was involved in the unsuccessful prosecution of Mayor A. Oakey Hall in 1872, and also prosecuted former Tammany HallTammany Hall
Tammany Hall, also known as the Society of St. Tammany, the Sons of St. Tammany, or the Columbian Order, was a New York political organization founded in 1786 and incorporated on May 12, 1789 as the Tammany Society...
leader "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...
with Tremain in 1873. Peckham again represented the State against Tweed in 1876, when he won a $6 million verdict in a civil fraud suit.
Championed by his brother and businessman Daniel Manning
Daniel Manning
Daniel Manning was an American businessman, journalist, and politician most notable for having served as the 37th United States Secretary of the Treasury....
, Peckham was appointed by Governor 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...
as New York County District Attorney
New York County District Attorney
The New York County District Attorney is the elected district attorney for New York County , New York. The office is responsible for the prosecution of violations of New York state laws....
on November 30, 1883, to fill the vacancy caused by the death of John McKeon
John McKeon
John McKeon was an American lawyer and politician from New York.- Life :He was the son of Capt...
, despite pressure from a barrage of applicants. However, Peckham tendered his resignation a mere eight days after taking the oath of office, citing ill health. He then returned to private practice in the Wall Street
Wall Street
Wall Street refers to the financial district of New York City, named after and centered on the eight-block-long street running from Broadway to South Street on the East River in Lower Manhattan. Over time, the term has become a metonym for the financial markets of the United States as a whole, or...
offices of Miller, Peckham & Dixon, where he focused primarily on civil practice. Peckham also served as the President of the New York City Bar Association from 1892 to 1894.
Nomination to the U.S. Supreme Court
In 1894, Cleveland, who was then in his non-consecutive second term as 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....
, nominated Peckham to replace Samuel Blatchford
Samuel Blatchford
Samuel Blatchford was an Associate Justice of the Supreme Court of the United States from April 3, 1882 until his death.-Early life:...
on the U.S. Supreme Court. However, this nomination was caught in the middle of a political tug-of-war between Cleveland and U.S. Senator from New York David B. 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 became the second nominee of Cleveland's that Hill managed to block, by a Senate vote of 32-41 on February 16, 1894; 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 Wheeler's brother, Rufus, who was confirmed within six days.
Social role and later life
Peckham was one of the most famed New York City lawyers of his time, and an active participant in New York City politics and society. He presided over social events as a member and president of the City Club, and advocated for reform of "municipal degradation":- "The issue is simply one of men. You cannot remedy matters by law nor by system, you have got to remedy it by the simple expedient of turning out the maladministrators and putting in their places men who are honest and capable. We must organize a power that will overcome present conditions and put in office men who are capable and aggressively so. Vice, that has awakened such an outburst of public opinion, is but one of the things that must go."
Peckham is buried in the Peckham family plot at 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,...
, along with his wife, Annie Aertsen Keasbey (1826, Salem, New Jersey
Salem, New Jersey
Salem is a city in Salem County, New Jersey, United States. As of the United States 2010 Census, the city population was 5,146. It is the county seat of Salem County, the most rural county in the state of New Jersey. The name Salem is related to the Hebrew word shalom, meaning "peace".The town and...
– October 30, 1916), whom he married in 1855. His father, who was lost at sea, also has a cenotaph
Cenotaph
A cenotaph is an "empty tomb" or a monument erected in honour of a person or group of people whose remains are elsewhere. It can also be the initial tomb for a person who has since been interred elsewhere. The word derives from the Greek κενοτάφιον = kenotaphion...
there.