Horace Harmon Lurton

{{Infobox officeholder

| honorific-prefix =

| name = Horace Harmon Lurton

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| image = HoraceHarmonLurton.jpg

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| office = Associate Justice of the Supreme Court of the United States

| term_start = January 3, 1910

| term_end = July 12, 1914{{cite web| url=https://www.supremecourt.gov/about/members_text.aspx| title= Justices 1789 to Present| publisher=Supreme Court of the United States| location=Washington, D.C.| access-date=February 15, 2022}}

| nominator = William Howard Taft

| predecessor = Rufus W. Peckham

| successor = James Clark McReynolds

| office1 = Judge of the United States Court of Appeals for the Sixth Circuit

| term_start1 = March 27, 1893

| term_end1 = December 20, 1909

| nominator1 = Grover Cleveland

| predecessor1 = Howell Edmunds Jackson

| successor1 = Loyal Edwin Knappen

| pronunciation =

| birth_name = Horace Harmon Lurton

| birth_date = {{Birth date|1844|02|26}}

| birth_place = Newport, Kentucky, U.S.

| death_date = {{Death date and age|1914|07|12|1844|02|26}}

| death_place = Atlantic City, New Jersey, U.S.

| death_cause = Heart attack

| resting_place = Greenwood Cemetery, Clarksville, Tennessee, U.S.

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| party = Democratic

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| education = Old University of Chicago
Cumberland School of Law (LLB)

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| signature = Signature of Horace Harmon Lurton (1844–1914).png

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| allegiance = {{flag|Confederate States}}

| branch = {{army|CSA}}

| serviceyears = 1861–1864

| rank = 23px Sergeant Major

| unit = {{flagicon|Tennessee}} 5th Tennessee Infantry Regiment
{{flagicon|Kentucky}} 2nd Kentucky Infantry Regiment
{{flagicon|Kentucky}} 3rd Kentucky Cavalry

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| battles = American Civil War

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File:Horace_Harmon_Lurton,_American_jurist,_his_home_and_his_family.png

Horace Harmon Lurton (February 26, 1844 – July 12, 1914) was an Associate Justice of the Supreme Court of the United States and previously was a United States circuit judge of the United States Court of Appeals for the Sixth Circuit and of the United States Circuit Courts for the Sixth Circuit.

Early life

Lurton was born on February 26, 1844, in Newport, Kentucky.{{FJC Bio|1441|nid=1384126|name=Horace Harmon Lurton}} He attended the Old University of Chicago,{{Notetag|Lurton's Federal Judicial Center biography indicates he attended "Douglas University", which actually was a pejorative term for the Old University of Chicago, stemming from Stephen Douglas's involvement with the institution.}} then received a Bachelor of Laws in 1867 from Cumberland School of Law (then part of Cumberland University, now part of Samford University).

He served in the Confederate States Army as a Sergeant Major with the 5th Tennessee Infantry at the age of 17, left for ill health, and later served as a private in the 2nd Kentucky Infantry and 3rd Kentucky Cavalry from 1862 to 1865.{{Cite web |title=Lurton, Horace Harmon {{!}} Federal Judicial Center |url=https://www.fjc.gov/history/judges/lurton-horace-harmon |access-date=2024-12-01 |website=www.fjc.gov}}{{Cite web |title=Timeline {{!}} Articles and Essays {{!}} Horace H. Lurton Papers {{!}} Digital Collections {{!}} Library of Congress |url=https://www.loc.gov/collections/horace-h-lurton-papers/articles-and-essays/timeline/? |access-date=2024-11-25 |website=Library of Congress, Washington, D.C. 20540 USA}} 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 claimed he was later paroled by President Lincoln because of pleas for mercy from his mother but this was merely an anecdote he often repeated to dinner guests, according to historian Roger Long.{{Citation needed|date=April 2019}} Mr. Long explains in detail what the evidence shows in an article he wrote in the December 1994 edition of Civil War Times.{{Citation needed|date=April 2019}} According to Mr. Long, apparently he was paroled from Johnson's Island only when he signed the oath of allegiance, not because of any act of the president.{{Citation needed|date=April 2019}} Mr Long's article includes interesting details about Lurton's service as well as possible reasons for the anecdote he was so fond of repeating.{{Citation needed|date=April 2019}}

He entered private practice in Clarksville, Tennessee from 1867 to 1875. He was Chancellor for the Tennessee Chancery Court for the Sixth Judicial District from 1875 to 1878. He resumed private practice in Clarksville from 1878 to 1886. He was a justice of the Tennessee Supreme Court from 1886 to 1893.

U.S. Circuit Court

Lurton was nominated by President Grover Cleveland on March 22, 1893, to a joint seat on the United States Court of Appeals for the Sixth Circuit and the United States Circuit Courts for the Sixth Circuit vacated by Judge Howell Edmunds Jackson. He was confirmed by the United States Senate on March 27, 1893, and received his commission the same day. His service terminated on December 20, 1909, due to his elevation to the Supreme Court.

Concurrent with his service on the Sixth Circuit, Lurton served as Dean of the law department of Vanderbilt University from 1905 to 1909.

U.S. Supreme Court

On December 13, 1909, President William Howard Taft nominated Lurton as an associate justice of the United States Supreme Court,{{cite report| last=McMillion| first=Barry J.| date= January 28, 2022| title=Supreme Court Nominations, 1789 to 2020: Actions by the Senate, the Judiciary Committee, and the President| url=https://sgp.fas.org/crs/misc/RL33225.pdf| publisher=Congressional Research Service| location=Washington, D.C.| access-date=February 15, 2022}} to succeed Rufus W. Peckham. He was confirmed by the Senate on December 20, 1909, and was sworn into office on January 3, 1910. At 65 years old at the time of his initial appointment in 1909, he was the oldest associate justice ever by initial appointment.

He was Circuit Justice for the Second Circuit from January 10, 1910, until January 8, 1911, Circuit Justice for the Third Circuit from January 9, 1911, until March 17, 1912, and Circuit Justice for the Seventh Circuit from March 18, 1912, until July 12, 1914. His service terminated on July 12, 1914, due to his death in Atlantic City, New Jersey.

Lurton sided most frequently on the court with Associate Justice Oliver Wendell Holmes Jr.,{{cite web|url=https://tennesseeencyclopedia.net/entries/horace-harmon-lurton/|title=Horace Harmon Lurton|last=Randal Rust|access-date=April 11, 2019|archive-date=April 11, 2019|archive-url=https://web.archive.org/web/20190411002106/https://tennesseeencyclopedia.net/entries/horace-harmon-lurton/|url-status=live}} a progressive Supreme Court justice. The most notable opinion he authored was probably the opinion of the Court in Coyle v. Smith, 221 U.S. 559 (1911), which held that the federal government could not tell a state where to locate its capital, as all states must be on "equal footing."{{Citation needed|date=April 2019}}

Death

Lurton's tenure on the Court was brief, as he served only four years before dying in Atlantic City, New Jersey of a heart attack on July 12, 1914. He is buried in Greenwood Cemetery in Clarksville, Tennessee.{{cite encyclopedia| title=Horace Harmon Lurton| last=Young| first=Ed| encyclopedia=Tennessee Encyclopedia| url=http://tennesseeencyclopedia.net/entries/horace-harmon-lurton/| publisher=Tennessee Historical Society| location=Nashville, Tennessee| date=March 1, 2018| access-date=April 7, 2020| archive-date=December 26, 2019| archive-url=https://web.archive.org/web/20191226081200/https://tennesseeencyclopedia.net/entries/horace-harmon-lurton/| url-status=live}}

Legacy and honors

During World War II the Liberty ship {{SS|Horace H. Lurton }} was built in Brunswick, Georgia, and named in his honor.{{cite book |last=Williams |first=Greg H. |url=https://books.google.com/books?id=A5oWBAAAQBAJ |title=The Liberty Ships of World War II: A Record of the 2,710 Vessels and Their Builders, Operators and Namesakes, with a History of the Jeremiah O'Brien |date=July 25, 2014 |publisher=McFarland |isbn=978-1476617541 |access-date=December 9, 2017 |archive-date=October 14, 2021 |archive-url=https://web.archive.org/web/20211014001019/https://books.google.com/books?id=A5oWBAAAQBAJ |url-status=live }}

Notes

References

{{Reflist|2|refs=

{{cite book|title=Compiled service records of Confederate Soldiers who served in organizations from the State of Kentucky|series=War Department Collection of Confederate Records |url=https://catalog.archives.gov/id/31657363|publisher=National Archives|access-date=25 February 2018|archive-date=February 26, 2018|archive-url=https://web.archive.org/web/20180226091937/https://catalog.archives.gov/id/31657363|url-status=live}}

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