Samuel Blatchford

(b. New York, N.Y., 9 Mar. 1820; d. 7 July 1893, Newport, R.I.; interred Greenwood Cemetery, Brooklyn, N.Y.), associate justice, 1882–1893. Samuel Blatchford is remembered for his quiet tenacity and close attention to the intricacies of patent and admiralty law. Blatchford was an unassuming centrist who played a pivotal role on the Court in the early 1890s. He wrote the important majority opinion that marked the first clear use of substantive due process, but two years later he also wrote the majority opinion that proclaimed that federal judges ought to use this new constitutional scrutiny of state regulations only in severely limited circumstances.

Blatchford, the son of Richard M. Blatchford, a prominent Whig lawyer and legislator, and Julia Ann Mumford, entered Columbia University when he was thirteen years old and graduated at the head of his class in 1837. He read law in the office of Governor William H. Seward and served as Seward's private secretary before joining his father's prestigious Manhattan legal practice in 1842. After Samuel married Caroline Appleton of Lowell, Massachusetts, in 1844, he moved to Auburn, New York, where he joined Seward's law practice and served in several state legal posts. In 1854, he returned to New York City to practice law and was soon offered, but declined, an appointment to the state supreme court.

Blatchford built a considerable reputation for diligence not only as a lawyer but also as the publisher of admiralty decisions and the decisions of the Circuit Court of the United States for the Second Circuit. Andrew Johnson in 1867 appointed Blatchford a federal district judge in the Southern District of New York and President Rutherford B. Hayes in 1878 elevated him to the circuit court. When Ward Hunt resigned from the Supreme Court in 1882, President Chester A. Arthur failed to convince either Roscoe Conkling (whom the Senate had confirmed) or Senator George F. Edmunds of Vermont to accept the post. Arthur then appointed Blatchford, who was quickly confirmed, taking his seat on 13 April 1882.

In his two best known opinions, Blatchford held that it made a constitutional difference whether state legislatures made regulatory decisions themselves or delegated power to do so to agencies or commissions. In Chicago, Milwaukee and St. Paul Railway Co. v. Minnesota (1890), his majority opinion explained that the Constitution required the Court to strike down a Minnesota law that established an independent commission with the final say as to whether railroad rates were “equal and reasonable” (see Rule of Reason). This decision had great significance because it clearly departed from the Court's earlier deference to state economic regulation, as in Munn v. Illinois (1877), in which the business being regulated was said to be “affected with the public interest.” In Budd v. New York (1892), Blatchford again wrote for a divided Court. This time, however, his opinion upheld state power to regulate businesses, such as grain elevators, at least when the state legislature itself set rates.

Many observers argued that the distinction Blatchford attempted did not make sense, and certainly should not make a constitutional difference. Owing in part to the rise of populism, a severe economic depression, and the charged atmosphere of the early 1890s, Blatchford's attempt to find and hold a solid center was strained at best. This may help explain the relatively restrained praise for Blatchford after his death. Seymour D. Thompson, the outspoken editor of the American Law Review, proclaimed, “It is no great disparagement of him to say that he was probably a better reporter than judge.” During the Court's formal memorial service Attorney General Richard Olney said of Blatchford, “If he was not brilliant, he was safe.”

However, Blatchford's lawyerly enthusiasm for procedural detail contributed to his significant civil liberties decision extending the Fifth Amendment privilege against self‐incrimination in Counselman v. Hitchcock (1892). Blatchford's ruling for a unanimous Court emphasized that the Fifth Amendment protected Counselman from giving evidence that could be used in “any criminal case,” including a grand jury proceeding. Blatchford was explicit about moving beyond prior federal and state law, as he relied on the spirit and principle of constitutional guarantees.

Despite Counselman and a few other votes by Blatchford in favor of civil liberties, Blatchford attracted slight public notice; he was most noteworthy for his businesslike approach and his orderly, prosperous, and placid career.

Bibliography

• Aviam Soifer, The Paradox of Paternalism and Laissez‐Faire Constitutionalism: United States Supreme Court, 1888–1921, Law and History Review 5 (Spring, 1987): 249–279

— Aviam Soifer

• Born: Mar. 9, 1820, New York, N.Y.
• Education: Columbia College, B.A., 1837

Previous government service: judge, Southern District of New York, 1867–72; judge, Second Circuit Court of New York, 1872–82
• Appointed by President Chester Alan Arthur Mar. 13, 1882; replaced Ward Hunt, who retired
• Supreme Court term: confirmed by the Senate Mar. 27, 1882, by a voice vote; served until July 7, 1893
• Died: July 7, 1893, Newport, R.I.

Samuel Blatchford entered Columbia College at the age of 13 and graduated four years later at the top of his class. He spent the next four years preparing to become a lawyer by studying with and working for his father's friend New York governor William H. Seward. Samuel Blatchford became a lawyer in 1842 and practiced law first with his father and then with Seward's law firm. Later he established his own law firm.

After serving 15 years as a federal judge in New York (1867–82), Blatchford was appointed to the Supreme Court by President Chester Alan Arthur. Justice Blatchford served on the Supreme Court for 11 years, performing ably but without distinction. During the Court's memorial service for him in 1893, Attorney General Richard Olney said, “If he [Blatchford] was not brilliant, he was safe.”

Samuel Blatchford was an astute and conscientious jurist who served on the U.S. Supreme Court from 1882 to 1893. He was known primarily for his maritime and patent expertise and for his remarkable productivity. During his eleven-year tenure on the High Court he wrote 430 opinions and two dissents. His most noteworthy opinions, Chicago, Milwaukee & St. Paul Railway Co. v. Minnesota, 134 U.S. 418, 10 S. Ct. 462, 33 L. Ed. 970 (1890), and Budd v. People of New York, 143 U.S. 517, 12 S. Ct. 468, 36 L. Ed. 247 (1892), were roundly criticized for their apparently contradictory conclusions about due process under the Fourteenth Amendment of the U.S. Constitution.

Blatchford was born in New York City on March 9, 1820, the son of Richard Blatchford, a lawyer, and Julia Ann Mumford. He attended Columbia College (renamed Columbia University), and graduated with honors at age seventeen in 1837. Blatchford served as a trustee of Columbia from 1867 to 1893.

After graduation Blatchford became the private secretary of Governor William H. Seward of New York, a family friend. Blatchford studied law, was admitted to the New York bar in 1842, and practiced for three years with his father in Manhattan. Blatchford then joined Seward's law firm in Auburn, New York. He married Caroline Appleton in 1844.

In 1854 Blatchford started his own law firm and he eventually became a respected authority on international, maritime, and patent law. Because of his extensive knowledge of patent law he was asked by lawmakers to help write key federal statutes governing patent infringement.

Blatchford made a significant contribution to the legal profession by organizing a reporting system for federal case law. During much of the nineteenth century federal opinions were not compiled or readily accessible to practicing lawyers. In 1852 Blatchford collected and published federal court admiralty decisions in Blatchford's Circuit Court Reports, a series that grew to twenty-four volumes. He also produced Blatchford's and Howland's Reports, a volume of admiralty cases from the District Court for the Southern District of New York, and Blatchford's Prize Cases, a collection of cases from circuit and district courts. His case reporting is credited with improving legal research.

Although Blatchford turned down an opportunity to sit on the New York Supreme Court in 1855, he eventually accepted another court appointment and rose through the ranks of the judiciary. In 1867 he was appointed by President Andrew Johnson as district judge of the Southern District of New York. Nine years later President Rutherford B. Hayes named him circuit judge for the second judicial circuit.

Blatchford reached the pinnacle of his career in 1882, when President Chester A. Arthur nominated him to the U.S. Supreme Court. Blatchford was Arthur's third choice for the seat vacated by Ward Hunt. Although the U.S. Senate had already confirmed New York politician Roscoe Conkling, Arthur's first choice, Conkling declined to serve. Arthur's second choice, Senator George F. Edmunds, of Vermont, also turned down the honor. Known as a hardworking and capable lawyer and judge, Blatchford accepted the nomination and was easily confirmed.

In 1890, Blatchford wrote Chicago, Milwaukee, an opinion that shielded business from public regulation. The Court ruled that the reasonableness of railroad rates could not be decided by an independent commission established by the Minnesota Legislature. The state law establishing the commission was ruled unconstitutional because it did not allow for court review and therefore violated the railway's right to due process. Two years later, in Budd, Blatchford changed course and the Court held that the state legislature could determine business rates affecting the public interest. The inconsistency between the two cases produced widespread criticism.

Blatchford wrote one significant civil liberties opinion, Counselman v. Hitchcock, 142 U.S. 547, 12 S. Ct. 195, 35 L. Ed. 1110 (1892), a case that strengthened the constitutional right against self-incrimination. Blatchford held that under the Fifth Amendment of the U.S. Constitution, a witness could not be ordered to testify unless the state promised never to use the information against her or him.

Blatchford died in 1893 in Newport, Rhode Island, at age seventy-three.

For the university president and grandfather of Samuel Blatchford, see Samuel Blatchford (university president).

Samuel Blatchford
Associate Justice of the United States Supreme Court
In office April 3, 1882 – July 7, 1893
Nominated by	Chester A. Arthur
Preceded by	Ward Hunt
Succeeded by	Edward Douglass White
Born	March 9, 1820(1820-03-09) Auburn, New York
Died	July 7, 1893 (aged 73) Newport, Rhode Island
Spouse(s)	Caroline Frances Appleton

Samuel Blatchford (March 9, 1820 – July 7, 1893) was an Associate Justice of the Supreme Court of the United States from April 3, 1882 until his death.

Contents 1 Early life 2 Legal career 3 References 4 Further reading 5 External links

Early life

Blatchford was born in Auburn, New York, where his father was a well known attorney and friend of Daniel Webster. He was educated at Columbia College, graduating when he was 17 years old. In 1840, he served as the private secretary to Governor William H. Seward.

Legal career

Blatchford read law while working for the governor and then entered into the private practice of law with his father and uncle. In 1854, he moved to New York City and started a law firm, Blatchford, Seward & Griswold, now known as Cravath, Swaine & Moore. He became well known for preparing summaries of United States circuit court cases, serving for a time as reporter of decisions for the Circuit Court in New York, and developed a lucrative practice in admiralty law.

On May 3, 1867, Blatchford received a recess appointment from President Andrew Johnson to a seat on the United States District Court for the Southern District of New York vacated by Samuel R. Betts.^[1] Formally nominated on July 13, 1867, Blatchford was confirmed by the United States Senate three days later, receiving his commission the same day.^[1] On February 15, 1878, President Rutherford B. Hayes promoted Blatchford to serve as Circuit Judge of the Second U.S. Judicial Circuit to fill the vacancy caused by the death of Alexander Smith Johnson.^[1] Blatchford was confirmed by the Senate, and received his commission, on March 4, 1878.^[1]

On March 22, 1882, Blatchford was nominated to the Supreme Court of the United States by President Chester A. Arthur, to a seat vacated by Ward Hunt,^[1] after two other candidates, Senator George F. Edmunds and former Senator Roscoe Conkling, declined. He was confirmed by the United States Senate on March 22, 1882 and received his commission the same day.^[1] Blatchford thus became the first person to serve at all three levels of the federal judiciary—as a District Judge, a Circuit Judge, and a Supreme Court Justice. When he became a Justice on March 13, 1882, it was estimated that his personal wealth exceeded $3 million, mostly held in real estate.^{[citation needed]}

Blatchford was an expert in admiralty law and patent law, and authored Blatchford and Howland's Admiralty Cases, which was considered the most complete work of its kind. During his eleven-year tenure on the High Court he wrote 430 opinions and two dissents. His most noteworthy opinions, Chicago, Milwaukee & St. Paul Railway Co. v. Minnesota, and Budd v. People of New York, were roundly criticized for their apparently contradictory conclusions about due process under the Fourteenth Amendment of the U.S. Constitution.

Blatchford served as a trustee of Columbia College and enjoyed collecting calendars, almanacs and salt shakers. He married Caroline Frances Appleton in Boston in 1844. They had one son, Samuel Appleton Blatchford. Blatchford died in 1893 in Newport, Rhode Island, at age seventy-three.

References

• Judge Blatchford Dead, New York Times, July 8, 1893.

1. ^ ^{a b c d e f}
   • Samuel Blatchford at the Biographical Directory of Federal Judges, a public domain publication of the Federal Judicial Center.

Further reading

• Abraham, Henry J. (1992). Justices and Presidents: A Political History of Appointments to the Supreme Court. 3d. ed.. New York: Oxford University Press. ISBN ISBN 0-19-506557-3. 
• Cushman, Clare (2001). The Supreme Court Justices: Illustrated Biographies,1789-1995 (2nd ed.). (Supreme Court Historical Society, Congressional Quarterly Books). ISBN ISBN 1568021267; ISBN 9781568021263.. 
• Frank, John P.; Leon Friedman and Fred L. Israel, editors (1995). The Justices of the United States Supreme Court: Their Lives and Major Opinions. Chelsea House Publishers. ISBN ISBN 0791013774, ISBN 978-0791013779. 
• Hall, Kermit L., ed. (1992). The Oxford Companion to the Supreme Court of the United States. New York: Oxford University Press. ISBN ISBN 0195058356; ISBN 9780195058352.. 
• Martin, Fenton S.; Goehlert, Robert U. (1990). The U.S. Supreme Court: A Bibliography. Washington, D.C.: Congressional Quarterly Books. ISBN ISBN 0871875543. 
• Urofsky, Melvin I. (1994). The Supreme Court Justices: A Biographical Dictionary. New York: Garland Publishing. pp. 590. ISBN ISBN 0815311761; ISBN 978-0815311768.. 

External links

Legal offices
Preceded by Ward Hunt	Associate Justice of the Supreme Court of the United States April 3, 1882 – July 7, 1893	Succeeded by Edward Douglass White

Supreme Court of the United States

The Waite Court Chief Justice: Morrison Remick Waite (1874–1888) 1882–1887: S.F. Miller | S.J. Field | J.P. Bradley | J.M. Harlan | Wm. B. Woods | S. Matthews | H. Gray | S. Blatchford 1888: S.F. Miller | S.J. Field | J.P. Bradley | J.M. Harlan | S. Matthews | H. Gray | S. Blatchford | L.Q.C. Lamar II The Fuller Court Chief Justice: Melville Weston Fuller (1888–1910) 1888–1889: S.F. Miller | S.J. Field | J.P. Bradley | J.M. Harlan | S. Matthews | H. Gray | S. Blatchford | L.Q.C. Lamar II 1890–1891: S.J. Field | J.P. Bradley | J.M. Harlan | H. Gray | S. Blatchford | L.Q.C. Lamar II | D.J. Brewer 1891–1892: S.J. Field | J.P. Bradley | J.M. Harlan | H. Gray | S. Blatchford | L.Q.C. Lamar II | D.J. Brewer | H.B. Brown 1892–1893: S.J. Field | J.M. Harlan | H. Gray | S. Blatchford | L.Q.C. Lamar II | D.J. Brewer | H.B. Brown | Geo. Shiras, Jr. 1893: S.J. Field | J.M. Harlan | H. Gray | S. Blatchford | D.J. Brewer | H.B. Brown | Geo. Shiras, Jr. | H.E. Jackson

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