Horace Gray | |
|---|---|
 Justice Gray,c. 1899 | |
| Associate Justice of the Supreme Court of the United States | |
| In office January 9, 1882[1] – September 15, 1902[1] | |
| Nominated by | Chester Arthur |
| Preceded by | Nathan Clifford |
| Succeeded by | Oliver Wendell Holmes Jr. |
| Chief Justice of theMassachusetts Supreme Judicial Court | |
| In office September 5, 1873 – January 9, 1882 | |
| Nominated by | William Washburn |
| Preceded by | Reuben Chapman |
| Succeeded by | Marcus Morton |
| Associate Justice of theMassachusetts Supreme Judicial Court | |
| In office August 23, 1864 – September 5, 1873 | |
| Nominated by | John Andrew |
| Preceded by | Pliny Merrick |
| Succeeded by | Charles Devens |
| Personal details | |
| Born | (1828-03-24)March 24, 1828 Boston, Massachusetts, U.S. |
| Died | September 15, 1902(1902-09-15) (aged 74) Nahant, Massachusetts, U.S. |
| Political party | Republican |
| Spouse | |
| Education | Harvard University (AB,LLB) |
| Signature | .png) |
Horace Gray (March 24, 1828 – September 15, 1902) was an Americanjurist who served on theMassachusetts Supreme Judicial Court, and then on theUnited States Supreme Court, where he frequently interpreted theConstitution in ways that increased the powers ofCongress. Noted for possessing a sharp mind and an enthusiasm for legal research, he was also a staunch supporter of the authority ofprecedent throughout his career, and would write landmark opinions in cases such asElk v. Wilkins andUnited States v. Wong Kim Ark.
Gray was born inBoston, Massachusetts, the son of Horace and Harriet Upham Gray, and grandson ofmerchant andpoliticianWilliam Gray.[2][3][4] He enrolled atHarvard College at the age of 13, and graduated four years later. After traveling in Europe for a time, Gray entered Harvard Law School, from which he graduated with an LL.B. in 1849.[5] Gray wasadmitted to the bar in 1851, and practiced law in Boston for 13 years.[6]
In 1854, he was namedReporter of Decisions for theMassachusetts Supreme Judicial Court. While serving in this capacity, Gray edited sixteen volumes of court records, and also served as a counselor to thegovernor of Massachusetts on legal and constitutional questions. The quality of Gray's work earned him a reputation for historical scholarship and legal research.[6]
Gray was appointed to the Massachusetts Supreme Judicial Court as an associate justice in 1864. At age 36, he was the youngest appointee in the Court's history. Nine years later he was elevated tochief justice.[6] While serving as chief justice, Gray hiredLouis D. Brandeis as aclerk, becoming the first justice of that court to hire a law clerk.[7]
In December 1881,PresidentChester A. Arthur nominated Gray to fill the vacancy on theU.S. Supreme Court created by the death ofNathan Clifford.[2] TheUnited States Senate quicklyconfirmed his appointment, and on January 9, 1882, he officially joined the Court.[1]
As he had been in Massachusetts, Gray was also the first U.S. Supreme Court justice to hire a law clerk. He used his own funds to pay the clerk's salary, as no government money was appropriated for this purpose at the time.[8] Additionally, he was one of the few Supreme Court appointees in the latter half of the 19th century who had not previously been a politician, and he maintained the opinion that law and politics were entirely separate fields.
Two years after joining the Court, he wrote the majority opinion inJuilliard v. Greenman (1884), the last of the post–Civil WarLegal Tender Cases, which reaffirmed that Congress did have the power to issuepaper money aslegal tender.[2] The 8–1 decision rested largely on prior court cases as well as an assessment of what theFramers of the Constitution intended to achieve (i.e. theiroriginal intent) through their grant of certain "Enumerated powers" to Congress in Article I, Section 8.
The most enduring of his written opinions is the one he authored inMutual Life Insurance Co. of New York v. Hillmon (1892), which held that a declarant's out-of-court statement of his intention to do something or go somewhere in the future is admissible under the "state-of-mind" hearsay exception. "The letters in question were competent, not as narratives of facts communicated to [Walters] by others, nor yet as proof that he actually went away from Wichita, but as evidence that, shortly before the time when other evidence tended to show that he went away, he had the intention of going, and of going with Hillmon, which made it more probable both that he did go and that he went with Hillmon, than if there had been no proof of such intention." This holding was subsequently codified in Rule 803(3) of theFederal Rules of Evidence,[9] as well as the evidence laws in most states.
Gray was also the author of the 1898 caseUnited States v. Wong Kim Ark, ruling that "a child born in the United States, of parents of Chinese descent, who, at the time of his birth, are subjects of the Emperor of China, but have a permanent domicil and residence in the United States, and are there carrying on business, and are not employed in any diplomatic or official capacity under the Emperor of China, becomes at the time of his birth a citizen of the United States.".[10]
He joined the majority inPollock v. Farmers' Loan & Trust Co. (1895), a 5–4 ruling that theunapportionedincome taxes oninterest,dividends andrents imposed by theIncome Tax Act of 1894 were unconstitutional. This case was heard twice, though only the second hearing resulted in a decision; the justices, feeling that the opinions written had not adequately explained their view of the situation, wished to rehear the case. After the first hearing, Gray wrote that he sided with the defendant (Farmer's Loan & Trust), arguing that the tax was indeed constitutional. He was in the minority, however. After the second hearing, Gray changed his stance, joining with the majority in favor of the plaintiff. He also sided with the majority inPlessy v. Ferguson (1896), a 7–1 ruling that upheld the constitutionality ofracial segregation laws for public facilities as long as thesegregated facilities were equal in quality.
Gray served on the US Supreme Court for over 20 years, until his death on September 15, 1902. He was succeeded by a fellow Massachusetts native,Oliver Wendell Holmes Jr., who, like Gray, previously served on the Massachusetts Supreme Judicial Court.[2]
He was elected a member of theAmerican Antiquarian Society in 1860,[11] and in 1866, was elected a Fellow of theAmerican Academy of Arts and Sciences.[12]
In 1889, Gray married Jane Matthews (1860–1949), daughter of fellow associate justiceStanley Matthews.[2]
Gray's half-brother,John Chipman Gray, was long-time professor atHarvard Law School, and is noted for his formative text on therule against perpetuities.[13]
He is buried inMount Auburn Cemetery inMiddlesex County, Massachusetts.
His home in Washington, D.C. later became the site of theThird Church of Christ, Scientist, which was demolished in 2014.[14]
{{cite web}}: CS1 maint: others (link)| Legal offices | ||
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| Preceded by | Associate Justice of theMassachusetts Supreme Judicial Court 1864–1873 | Succeeded by |
| Preceded by | Chief Justice of theMassachusetts Supreme Judicial Court 1873–1882 | Succeeded by |
| Preceded by | Associate Justice of the Supreme Court of the United States 1881–1902 | Succeeded by |
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