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Tag Archives: Associate Justice of the Supreme Court of the United States


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Birth of Thomas Addis Emmet, Lawyer, Politician & Revolutionary

Thomas Addis Emmet, Irish and American lawyer and politician, is born in the Hammond’s Marsh area of Cork, County Cork, on April 24, 1764. He is a senior member of the revolutionary republican group Society of United Irishmen in the 1790s and Attorney General of New York 1812–1813.

Emmet is a son of Dr. Robert Emmet from County Tipperary (later to become State Physician of Ireland) and Elizabeth Mason of County Kerry, both of whose portraits are today displayed at Cork’s Crawford Art Gallery. He is the elder brother of Robert Emmet, who is executed for leading the Irish Rebellion of 1803, becoming one of Ireland’s most famous republican martyrs. His sister, Mary Anne Holmes, holds similar political beliefs.

Emmet is educated at Trinity College, Dublin and is a member of the committee of the College Historical Society. He later studies medicine at the University of Edinburgh and is a pupil of Dugald Stewart in philosophy. After visiting the chief medical schools on the continent, he returns to Ireland in 1788. However, the sudden death of his elder brother, Christopher Temple Emmet (1761–1788), a student of great distinction, induces him to follow the advice of Sir James Mackintosh to forsake medicine for the law as a profession.

Emmet is a man of liberal political sympathies and becomes involved with a campaign to extend the democratic franchise for the Irish Parliament and to end discrimination against Catholics. He is called to the Irish bar in 1790 and quickly obtains a practice, principally as counsel for prisoners charged with political offenses. He also becomes the legal adviser of the Society of the United Irishmen.

When the Dublin Corporation issues a declaration of support of the Protestant Ascendancy in 1792, the response of the United Irishmen is their nonsectarian manifesto which is largely drawn up by Emmet. In 1795 he formally takes the oath of the United Irishmen, becoming secretary in the same year and a member of the executive in 1797. As by this time the United Irishmen had been declared illegal and driven underground, any efforts at peaceful reform of government and Catholic emancipation in Ireland are abandoned as futile, and their goal is now the creation of a non-sectarian Irish republic, independent from Britain and to be achieved by armed rebellion. Although Emmet supports this policy, he believes that the rebellion should not commence until French aid has arrived, differing from more radical members such as Lord Edward FitzGerald.

British intelligence infiltrates the United Irishmen and manages to arrest most of their leaders on the eve of the rebellion. Though not among those taken at the house of Oliver Bond on March 12, 1798, Emmet is arrested about the same time, and is one of the leaders imprisoned initially at Kilmainham Gaol and later in Scotland at Fort George until 1802. Upon his release he goes to Brussels where he is visited by his brother Robert in October 1802 and is informed of the preparations for a fresh rising in Ireland in conjunction with French aid. However, at that stage France and Britain are briefly at peace, and the Emmets’ pleas for help are turned down by Napoleon.

Emmet receives news of the failure of his brother’s rising in July 1803 in Paris, where he is in communication with Napoleon Bonaparte. He then emigrates to the United States and joins the New York bar where he obtains a lucrative practice.

After the death of Matthias B. Hildreth, Emmet is appointed New York State Attorney General in August 1812, but is removed from office in February 1813 when the opposing Federalist Party obtains a majority in the Council of Appointment.

Emmet’s abilities and successes become so acclaimed, and his services so requested that he becomes one of the most respected attorneys in the nation, with United States Supreme Court Justice Joseph Story declaring him to be “the favourite counsellor of New York.” He argues the case for Aaron Ogden in the landmark United States Supreme Court case of Gibbons v. Ogden, 22 U.S. 1 (1824) relating to the Commerce and Supremacy clauses of the United States Constitution.

Emmet dies on November 14, 1827, while conducting a case in court regarding the estate of Robert Richard Randall, the founder of Sailors’ Snug Harbor, a home for needy seamen in Staten Island, New York. He is buried in St. Mark’s Church in-the-Bowery churchyard in the East Village, New York City, where a large white marble monument marks his grave.


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Death of William Paterson, U.S. Senator & New Jersey Governor

william-paterson

William Paterson, Irish-born American jurist, one of the framers of the Constitution of the United States, United States senator (1789–90), and governor of New Jersey (1790–93), dies in Albany, New York on September 9, 1806. He also serves as an Associate Justice of the Supreme Court of the United States from 1793 to 1806.

Paterson is born on December 24, 1745, in County Antrim, to Richard Paterson, an Ulster Protestant. He immigrates with his parents to New Castle, Pennsylvania in 1747, eventually settling in Princeton, New Jersey. At the age of 14, he begins college at the College of New Jersey (now Princeton University), graduating in 1763. After graduating, he studies law with the prominent lawyer Richard Stockton and is admitted to the bar in 1768. He also stays connected to his alma mater and helps found the Cliosophic Society with Aaron Burr.

Paterson serves twice in the Provincial Congress of New Jersey (1775–76), is a delegate to the state constitutional convention (1776), and from 1776 to 1783 is attorney general of New Jersey.

In 1787 Paterson heads the New Jersey delegation to the federal Constitutional Convention, where he plays a leading role in the opposition of the small states to representation according to population in the federal legislature. As an alternative to James Madison‘s large-state Virginia Plan, he submits the small-state New Jersey Plan, also called the Paterson Plan, which advocates an equal vote for all states. The issue is finally resolved with the compromise embodied in the bicameral Congress —representation by population in the House of Representatives, and equality of states in the Senate.

Paterson is instrumental in securing ratification of the final document in New Jersey and is elected one of the state’s first two U.S. senators. He resigns his seat in 1790 and serves as governor of New Jersey until 1793, when he is named an associate justice of the United States Supreme Court.

On September 9, 1806, Paterson, aged 60, dies from the lingering effects of a coach accident suffered in 1803 while on circuit court duty in New Jersey. He is on his way to the spa at Ballston Spa, New York, to “take the waters”, when he dies at the Manor of Rensselaerswyck home of his daughter, Cornelia, and son-in-law, Stephen Van RensselaerStephen Van Rensselaer, in Albany, New York. He is laid to rest in the Van Renssalaer family vault. When the city acquires the property, his remains are relocated to Albany Rural Cemetery in Albany County, New York. Also buried there are Associate Justice Rufus W. Peckham and President Chester A. Arthur.

The city of Paterson, New Jersey and William Paterson University are named for William Paterson.

(Pictured: Portrait of William Paterson (1745–1806) when he was a Supreme Court Justice (1793–1806). This image is from a copy by C. Gregory Stapoko(1913-2006) of the original by James Sharples(1751-1811))


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William J. Brennan Appointed to U.S. Supreme Court

william-brennanWilliam Joseph Brennan, Jr., American judge, is named an Associate Justice of the Supreme Court of the United States through a recess appointment by President Dwight D. Eisenhower on October 15, 1956, shortly before the 1956 presidential election. He serves from 1956 until July 20, 1990. As the seventh longest-serving justice in Supreme Court history, he is known for being a leader of the Court’s liberal wing.

Brennan is born in Newark, New Jersey to Irish immigrants, originally from County Roscommon, on April 25, 1906. He attends public schools in Newark, graduating from Barringer High School in 1924. He then attends the Wharton School of the University of Pennsylvania, where he graduates cum laude with a degree in economics in 1928. He graduates from Harvard Law School near the top of his class in 1931 and is a member of the Harvard Legal Aid Bureau.

Brennan enters private practice in New Jersey and serves in the United States Army during World War II. He is appointed to the Supreme Court of New Jersey in 1951. After his appointment to the U.S. Supreme Court by Eisenhower in 1956, he wins Senate confirmation the following year.

On the Supreme Court, Brennan is known for his outspoken progressive views, including opposition to the death penalty and support for abortion rights. He authors several landmark case opinions, including Baker v. Carr, establishing the “one person, one vote” principle, and New York Times Co. v. Sullivan, which requires “actual malice” in libel suits brought by public officials. Due to his ability to shape a wide variety of opinions and “bargain” for votes in many cases, he is considered to be among the Court’s most influential members. Justice Antonin Scalia calls Brennan “probably the most influential Justice of the [20th] century.”

Brennan holds the post on the Court until his retirement on July 20, 1990 after suffering a stroke. He is succeeded by Justice David Souter. Brennan then teaches at Georgetown University Law Center until 1994. He dies in Arlington County, Virginia on July 24, 1997 and is buried in Arlington National Cemetery.

With 1,360 opinions, he is second only to William O. Douglas in number of opinions written while a Supreme Court justice. On November 30, 1993, President Bill Clinton presents Brennan with the Presidential Medal of Freedom.