THE CHICAGO LAW TIMES.

VOL. II.]

JULY, 1888.

MORRISON R. WAITE.

[No. 3.

MORRISON REMICK WAITE, late Chief-Justice of the Supreme Court of the United States, was born at Lyme, Connecticut, November 29, 1816. His ancestors came from England in early colonial times and settled in Massachusetts, but removed to Lyme about the year 1677. One of the earliest whose name has been preserved was Thomas Waite, whose son Marvin was on the first electoral ticket of Connecticut after the revolution, and served nineteen times in the General Assembly, and as judge of the County Court for several years. Remick Waite, who married Susanna Matson, was a half brother of Judge Marvin Waite. The eldest son of Remick, Henry Matson, was born in Lyme, February 9, 1787; graduated at Yale College in 1809. A lawyer of learning and ability, he was successively elected to both the lower and higher branches of the State Legislature. In 1834, he was chosen an associate justice of the Supreme Court of Connecticut, and in 1854 was appointed Chief-Justice of that court, which office he held till he reached the age of 70 years, the limit prescribed by the State Constitution. He married a daughter of Col. Richard Selden, of Lyme, and granddaughter of Col. Samuel Selden, an officer of the revolutionary army. Morrison R. Waite is the oldest of the eight children of Chief-Justice Henry Matson and Maria Selden Waite.

When about fourteen years of age, he studied Latin and Greek at Bacon Academy, in the town of Colchester, Connecti

cut, under the preceptorship of Charles P. Otis. Lyman Trumbull was then his school-mate and fellow student. It was there that young Waite fitted for Yale College, which he entered in 1833.

In 1837, he graduated with honor, in the same class with William M. Evarts, Edwards Pierpont, and Prof. Benj. Silliman, Jr.

After graduating he commenced studying law at Lyme, with his father, who was then a judge of the Supreme Court of Errors, and concluded his law studies with Samuel M. Young, a prominent attorney of Maumee City.

In 1838, he settled in Maumee City, Ohio, and in 1839, on his admission to the bar, formed a partnership with his former preceptor, Mr. Young. This connection continued with special success until 1850.

In 1849, he was elected to represent the Maumee District in the Ohio Legislature. After the expiration of his term, in 1850, his firm opened an office in Toledo, of which Mr. Waite took charge, and he was soon acknowledged as one of the leading advocates and counselors in Northwestern Ohio. One who often met him as opposing counsel, said that "his opinion on any question of law was always accepted as indisputable."

In 1852, Mr. Young removed to Toledo and the firm of Young & Waite continued until Mr. Waite's youngest brother, Richard, came to Toledo, when the brothers entered into a partnership, which lasted until the senior partner's elevation to the Chief-Justiceship. During all these years, the firm had a very extensive practice.

Judge L. B. Otis, of this City, before whom Mr. Waite practiced during the seven years subsequent to his removal to Toledo, and who was, during that time Judge of the Toledo Court, says that the firm of Young & Waite was the leading law firm of the Maumee Valley, all the way from Fort Wayne to Toledo.

The following extracts are from a life of Chief-Justice Waite, published in Appleton's Annual for 1882, which has been pronounced by the family the most accurate of any sketch published up to that date:

"Politically a Whig, until the disbandment of that party, since that time he has been a Republican. An active and influential member of his party, he never became recognized as a party leader, the conservative tendency of his mind leading him in opposition to radical political measures. This was shown during the war, in his support of the policy of President Lincoln, rather than the more summary measures advocated by some of the anti-slavery leaders. But to all the war measures of the government he gave earnest and effective support, making himself especially useful in aiding the recruiting service of the army.

"In 1862, he ran as an Independent Republican in the Tenth Congressional District of Ohio; the call for the convention which nominated him being signed by Republicans and Democrats, who pledged themselves to "the maintenance of the government and the determined prosecution of the war; to the putting down of the rebellion, and the restoration of the Union." The regular Republican convention nominated James M. Ashley, and adopted a radical anti-slavery platform, demanding the confiscation of the property of the leading rebels, and other extreme measures. Edwin Phelps was brought out as the regular Democratic candidate. Ashley was elected by a plurality of 1,127 votes, although in an actual minority of 4,105. A seat upon the bench of the Supreme Court of Ohio was tendered to Mr. Waite by Governor Brough, but he declined it.

"His national reputation dated from his selection by President Grant, in November, 1871, as one of the three counsel to represent the United States before the Tribunal of Arbitration, at Geneva, Switzerland; his associates being William M. Evarts and Caleb Cushing. This appointment came to him unsought, he not even being aware that such a position was to be filled. He was in New York, closing up an important case, when the dispatch from the Secretary of State advising him of his appointment by the President reached him, being forwarded to him from Toledo. He immediately accepted this appointment, and left for his post of duty at Geneva early in the following month of December, where he performed the required service to

the entire satisfaction of the Government and the country.

[Before leaving on this important mission, Mr. Waite was given a banquet at the Oliver House by the leading citizens of Toledo of all parties. His argument in the Geneva case was regarded as a masterly production. It was not lengthy, but every word was freighted with ripe thought and it was greatly admired, especially by the legal profession. It was exhaustive and convincing and at once gave Mr. Waite an exalted position among the eminent lawyers of the country.]

"His already good reputation as an indefatigable and learned lawyer was greatly enhanced by the ability which characterized his labors in behalf of his country in this historical tribunal. His argument on the liability of the English government for permitting the Confederate steamer to take supplies of coal in its ports, was regarded as an effort displaying great logical power and comprehensive grasp of international questions. On September 17, 1872, the arbitrators rendered their decision that Great Britain had failed in her duties as a neutral, in the cases of Alabama, Florida, Shenandoah and their tenders, and awarded to the United States the sum of $15,000,000 in gold, which was promptly paid. He returned from Geneva in November, 1872, and resumed the practice of his profession in Toledo. In the same year the honorary degree of LL. D. was conferred upon him by his Alma Mater. In January, of the year 1873, he was, on the motion of Caleb Cushing, admitted to practice in the United States Supreme Court. In the following April he was nominated by both political parties and unanimously elected a delegate to the convention called to form a new constitution of the State of Ohio, and upon its assembling in May, he was chosen its president.

"The death of Chief-Justice Chase occurred May 7, 1873, creating a vacancy in the highest judicial office in the United States. After Attorney General George H. Williams and Caleb Cushing had been successfully nominated for the position and withdrawn, the President sent to the Senate the name of Morrison R. Waite, January 20, 1874. This appointment was also unsolicited by him; the Constitutional Convention over which he was then presiding being then in session, a member