Morrison Waite

Born in Lyme, Connecticut, Waite established a legal practice in Toledo, Ohio, after graduating from Yale University. As a member of the Whig Party, Waite won election to the Ohio House of Representatives. An opponent of slavery, he helped establish the Ohio Republican Party. He served as a counsel in the Alabama Claims and presided over the 1873 Ohio constitutional convention.


After the May 1873 death of Chief Justice Salmon P. Chase, President Ulysses S. Grant underwent a prolonged search for Chase's successor. With the backing of Secretary of the Interior Columbus Delano, Grant nominated Waite in January 1874. The nomination of the relatively obscure Waite was poorly received by some prominent politicians, but the Senate unanimously confirmed Waite and he took office in March 1874. Despite some support for his nomination, he declined to run for president in the 1876 election, arguing that the Supreme Court should not serve as a mere stepping stone to higher office. He served on the court until his death of pneumonia in 1888.


Waite did not emerge as an important intellectual force on the Supreme Court, but he was well regarded as an administrator and conciliator. He sought a balance between federal and state power and joined with most other Justices in narrowly interpreting the Reconstruction Amendments. His majority opinion in Munn v. Illinois upheld government regulation of grain elevators and railroads and influenced constitutional understandings of government regulation. He also helped establish the legal concept of corporate personhood in the United States. However in the Civil Rights Cases^[2] he sided with a majority to strike down the Civil Rights Act of 1875, which had prohibited discrimination in access to public services, that was not restored until the Civil Rights Act of 1964.

Early life and education[edit]

Morrison Remick Waite was born on November 29, 1816, at Lyme, Connecticut, the son of Henry Matson Waite, an attorney, and his wife Maria Selden. His father later was appointed as a judge of the Superior Court and associate judge of the Supreme Court of Connecticut, serving 1834–1854; and appointed as chief justice of the latter from 1854 to 1857. Morrison had a brother Richard, with whom he later practiced law.^[3] His ancestors hailed from England and were New Englanders.^[4]


Waite attended Bacon Academy in Colchester, Connecticut, where one of his classmates was Lyman Trumbull. He graduated from Yale College in 1837, the same class that included Samuel J. Tilden, the 1876 Democratic presidential nominee. As a student at Yale, Waite became a member of the Skull and Bones and Brothers in Unity societies,^[5] and was elected to the Phi Beta Kappa Society in 1837.^[6] Shortly after graduating, Waite became a law clerk for his father in 1837.^[7]


Soon afterward Waite moved to Maumee, Ohio, where he read law in the office of Samuel L. Young. He was admitted to the bar in 1839, and went into practice with Young. The law firm became prominent in business and property law.^[8] Waite was elected mayor of Maumee, and served from 1846 to 1847.

Death[edit]

Waite died unexpectedly of pneumonia on March 23, 1888.^[19][20] This created a stir in Washington, as there had been no hint that his illness was serious. His condition had been treated as confidential, in part to avoid alarming his wife who was in California. The Washington Post devoted its entire front page to his demise. Large crowds joined in the mourning. Except for Justices Bradley and Matthews, all the justices accompanied his body on the special train that went to Toledo, Ohio. Mrs. Waite traveled by train from California, arriving just in time for the funeral.


Published reports indicated the Chief Justice would be buried in a family plot he had purchased in Forest Hill Cemetery, but he was not interred there.^[21][22] Instead, he was buried in Woodlawn Cemetery, in Toledo, Ohio.


Waite, who had financial difficulties during his service as Chief Justice, left a very small estate that was insufficient to support his widow and daughters. Members of the organized Bar in Washington and New York raised money to create two funds for the benefit of Waite's family members.^[23]


On March 28, 1888 a House Funeral in the capitol building was held for the passing of Morrison Waite. In attendance at the funeral were President Grover Cleveland, First Lady Frances Cleveland, the Cabinet, and fellow Supreme Court justices.^[24]