This is a list of U.S. Supreme Court Justices who owned slaves at any point in their lives. Slavery was legal in parts of the United States from the American Revolutionary War through the adoption of the 13th Amendment to the United States Constitution in December, 1865, shortly after the conclusion of the American Civil War.
Justice | Chief or Associate | Approximate number of slaves held | While on federal bench? | Notes |
---|---|---|---|---|
John Marshall | Chief | >150 [1] | Yes | Lifelong slave owner [1] |
Roger B. Taney | Chief | Many | Yes | Lifelong slave owner; manumitted "most (but not all)" of his slaves as young man; [2] "deeply committed to slavery". [3] Wrote the Dred Scott decision. |
John Marshall Harlan | Associate | Unknown | Unknown | "The Great Dissenter," he ultimately became one of the court's staunchest defenders of equal rights [4] [5] |
John Catron | Associate | Unknown | Unknown | Lifelong slave owner; father of an extramarital child by an enslaved woman named Sally [6] |
James M. Wayne | Associate | Unknown [7] | ||
John A. Campbell | Associate | Unknown | No; freed his slaves before joining the Court [8] | Quit the court at outbreak of Civil War and was later appointed Confederate Assistant Secretary of War; he "bitterly opposed" Reconstruction and organized multiple lawsuits in opposition [9] |
Samuel Freeman Miller | Associate | Unknown | No | Freed his slaves before he left Kentucky for Iowa [10] |
Dred Scott v. Sandford, 60 U.S. 393 (1857), was a landmark decision of the United States Supreme Court that held the U.S. Constitution did not extend American citizenship to people of black African descent, and thus they could not enjoy the rights and privileges the Constitution conferred upon American citizens. The decision is widely considered the worst in the Supreme Court's history, being widely denounced for its overt racism, perceived judicial activism, poor legal reasoning, and crucial role in the start of the American Civil War four years later. Legal scholar Bernard Schwartz said that it "stands first in any list of the worst Supreme Court decisions". Chief Justice Charles Evans Hughes called it the Court's "greatest self-inflicted wound".
Noah Haynes Swayne was an American jurist and politician. He was the first Republican appointed as a justice to the United States Supreme Court.
Samuel Freeman Miller was an American lawyer and physician who served as an associate justice of the U.S. Supreme Court from 1862 until his death in 1890.
John Archibald Campbell was an American jurist. He was a successful lawyer in Georgia and Alabama, where he served in the state legislature. Appointed by Franklin Pierce to the United States Supreme Court in 1853, he resigned at the beginning of the American Civil War, traveled south and became an official of the Confederate States of America. After serving six months in a military prison at war's end, he secured a pardon and resumed his law practice in New Orleans, where he also opposed Reconstruction.
Paul Finkelman is an American legal historian. He is the author or editor of more than 50 books on American legal and constitutional history, slavery, general American history and baseball. In addition, he has authored more than 200 scholarly articles on these and many other subjects. From 2017 - 2022, Finkelman served as the President and Chancellor of Gratz College, Melrose Park, Pennsylvania.
The Fugitive Slave Clause in the United States Constitution, also known as either the Slave Clause or the Fugitives From Labor Clause, is Article IV, Section 2, Clause 3, which requires a "Person held to Service or Labour" who flees to another state to be returned to his or her master in the state from which that person escaped. The enactment of the Thirteenth Amendment to the United States Constitution, which abolished slavery except as a punishment for criminal acts, has made the clause mostly irrelevant.
The Taney Court refers to the Supreme Court of the United States from 1836 to 1864, when Roger Taney served as the fifth Chief Justice of the United States. Taney succeeded John Marshall as Chief Justice after Marshall's death in 1835. Taney served as Chief Justice until his death in 1864, at which point Salmon P. Chase took office. Taney had been an important member of Andrew Jackson's administration, an advocate of Jacksonian democracy, and had played a major role in the Bank War, during which Taney wrote a memo questioning the Supreme Court's power of judicial review. However, the Taney Court did not strongly break from the decisions and precedents of the Marshall Court, as it continued to uphold a strong federal government with an independent judiciary. Most of the Taney Court's holdings are overshadowed by the decision in Dred Scott v. Sandford, in which the court ruled that African-Americans could not be citizens. However, the Taney Court's decisions regarding economic issues and separation of powers set important precedents, and the Taney Court has been lauded for its ability to adapt regulatory law to a country undergoing remarkable technological and economic progress.
The Chase Court refers to the Supreme Court of the United States from 1864 to 1873, when Salmon P. Chase served as the sixth Chief Justice of the United States. Chase succeeded Roger Taney as Chief Justice after the latter's death. Appointed by President Abraham Lincoln, Chase served as Chief Justice until his death, at which point Morrison Waite was nominated and confirmed as his successor.
John Catron was an American jurist who served as an associate justice of the Supreme Court of the United States from 1837 to 1865, during the Taney Court.
Robert Cooper Grier was an American jurist who served on the Supreme Court of the United States.
John Marshall was an American statesman, lawyer, and Founding Father who served as the fourth chief justice of the United States from 1801 until his death in 1835. He remains the longest-serving chief justice and fourth-longest serving justice in the history of the U.S. Supreme Court, and is widely regarded as one of the most influential justices ever to serve. Prior to joining the court, Marshall briefly served as both the U.S. secretary of state under President John Adams, and a representative, in the U.S. House of Representatives from Virginia, thereby making him one of the few Americans to serve on all three branches of the United States federal government.
John McLean was an American jurist and politician who served in the United States Congress, as U.S. Postmaster General, and as a justice of the Ohio and U.S. Supreme Courts. He was often discussed for the Whig Party nominations for president, and is also one of the few people who served in all three branches of government.
Samuel Nelson was an American attorney and appointed as judge of New York State courts. He was appointed as a Justice of the Supreme Court of the United States, serving from 1845 to 1872. He concurred on the 1857 Dred Scott decision, although for reasons different from Chief Justice Taney's.
Roger Brooke Taney was an American lawyer and politician who served as the fifth chief justice of the United States, holding that office from 1836 until his death in 1864. Taney infamously delivered the majority opinion in Dred Scott v. Sandford (1857), ruling that African Americans could not be considered U.S. citizens and that Congress could not prohibit slavery in the U.S. territories. Prior to joining the U.S. Supreme Court, Taney served as the U.S. attorney general and U.S. secretary of the treasury under President Andrew Jackson. He was the first Catholic to serve on the Supreme Court.
James Moore Wayne was an American attorney, judge and politician who served as an Associate Justice of the Supreme Court of the United States from 1835 to 1867. He previously served as the 16th Mayor of Savannah, Georgia from 1817 to 1819 and the member of the United States House of Representatives for Georgia's at-large congressional district from 1829 to 1835, when he was appointed to the Supreme Court by President Andrew Jackson. He was a member of the Democratic Party.
Lemmon v. New York, or Lemmon v. The People (1860), popularly known as the Lemmon Slave Case, was a freedom suit initiated in 1852 by a petition for a writ of habeas corpus. The petition was granted by the Superior Court in New York City, a decision upheld by the New York Court of Appeals, New York's highest court, in 1860 on the eve of the Civil War.
Commonwealth v. Aves, 35 Mass. 193 (1836), was a case in the Massachusetts Supreme Judicial Court on the subject of transportation of slaves to free states. In August 1836, Chief Justice Lemuel Shaw ruled that slaves brought to Massachusetts "for any temporary purpose of business or pleasure" were entitled to freedom. The case was the most important legal victory for abolitionists in the 1830s and set a major precedent throughout the North.
Nestlé USA, Inc. v. Doe, 593 U. S. ___ (2021), is a United States Supreme Court decision regarding the Alien Tort Statute (ATS), which provides federal courts jurisdiction over claims brought by foreign nationals for violations of international law. Consolidated with Cargill, Inc. v. Doe, the case concerned a class-action lawsuit against Nestlé USA and Cargill for aiding and abetting child slavery in Côte d’Ivoire by purchasing from cocoa producers that utilize child slave labor from Mali. The plaintiffs, who were former slave laborers in the cocoa farms, brought their claim in U.S. district court under the ATS.
Although the United States Constitution did not use the words "slave" or "slavery", it dealt directly with American slavery in at least five provisions and indirectly protected the institution elsewhere in the document.