David Davis (Supreme Court justice)

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David Davis
Associate Justice of the United States Supreme Court
In office December 10, 1862 – March 4, 1877
Nominated by	Abraham Lincoln
Preceded by	John Archibald Campbell
Succeeded by	John Marshall Harlan
Born	March 9, 1815 Cecil County, Maryland, USA
Died	June 26, 1886 Bloomington, Illinois, USA

David Davis (March 9, 1815 – June 26, 1886) was a United States Senator from Illinois and associate justice of the United States Supreme Court.

Contents 1 Early life 2 National stage 3 Disputed election of 1876 4 Family 5 References 6 External links

[edit] Early life

He was born to a wealthy family in Cecil County, Maryland, where he attended the public schools. After graduating from Kenyon College in Gambier, Ohio, in 1832, he went on to study law at Yale University. Upon his graduation from Yale in 1835, Davis moved to Bloomington, Illinois, to practice law. He also served as a member of the Illinois House of Representatives in 1845 and a delegate to the Illinois constitutional convention in McLean County, 1847. From 1848 to 1862, Davis presided over the local judicial circuit, the same circuit where attorney Abraham Lincoln was practicing.

In 1860, Davis was a delegate to Republican National Convention in Chicago. Davis then assisted Lincoln in Lincoln's presidential campaign in 1860.

[edit] National stage

In 1862, President Lincoln appointed Davis to the U.S. Supreme Court, where he became famous for writing one of the most profound decisions in the Supreme Court history, Ex Parte Milligan (1866). In that decision, the court set aside the death sentence imposed during the Civil War by a military commission upon a civilian, Lambdin P. Milligan. Milligan had been found guilty of inciting insurrection. The Supreme Court held that since the civil courts were operative, the trial of a civilian by a military tribunal was unconstitutional. The opinion denounced arbitrary military power, effectively becoming one of the bulwarks of held notions of American civil liberty.

After refusing calls to become Chief Justice, Davis, a registered independent, was nominated for President by the Labor Reform Convention in 1872, but withdrew when he failed to receive the Liberal Republican Party nomination. The Party supported Horace Greeley of the Democratic Party. Greeley, however, died after the popular election and before the return of the electoral vote. His electoral votes were divided between four apparent Presidential candidates:

• Thomas Andrews Hendricks (42).
• Benjamin Gratz Brown (18).
• Charles J. Jenkins (2).
• David Davis (1).

The 1872 election was won by incumbent President of the United States Ulysses Simpson Grant of the Republican Party.

[edit] Disputed election of 1876

In 1877, Davis narrowly avoided the opportunity to be the only person to ever single-handedly elect the President of the United States. In the disputed Presidential election of 1876 between the Republican Rutherford Hayes and the Democrat Samuel Tilden, Congress created a special Electoral Commission to decide to whom to award a total of 20 electoral votes which were disputed from the states of Florida, Louisiana, South Carolina and Oregon. The Commission was to be composed of 15 members: five drawn from the U.S. House of Representatives, five from the U.S. Senate, and five from the U.S. Supreme Court. The majority party in each legislative chamber would get three seats on the Commission, and the minority party would get two. Both parties agreed to this arrangement because it was understood that the Commission would have seven Republicans, seven Democrats, and Davis, who was arguably the most trusted independent in the nation.

However, before the Electoral Commission could take up its business, the Illinois Legislature elected Davis to the U.S. Senate. Because of this, Davis was unable to assume the spot, always intended for him, as one of the Supreme Court's members of the Commission. His replacement on the Commission was Joseph Philo Bradley, a Republican, thus the Commission ended up with an 8-7 Republican majority. Each of the 20 disputed electoral votes was eventually awarded to Hayes, the Republican, by that same 8-7 majority; Hayes won the election, 185 electoral votes to 184. Had Davis been on the Commission, his would have been the deciding vote, and Tilden would have been elected president had Davis and the commission awarded him even a single electoral vote.

Davis served a single term as U.S. Senator from Illinois, and was elected President pro tempore of the Senate in October 1881. He was succeeded by Republican Shelby Moore Cullom.

Upon his death in 1886, he was interred at Evergreen Cemetery in Bloomington, Illinois.

His home in that city, the David Davis Mansion, is a state historic site. At his death, he was the largest landowner in Illinois, and his estate was worth between four and five million dollars.

[edit] Family

Davis was a cousin of U.S. Representative Henry Winter Davis, and his grandfather John Mercer was an ancestor of Presidents George H.W. Bush and George W. Bush through George Herbert Walker, the son of Davis's first cousin David Davis Walker, a successful St. Louis businessman.^[1]

[edit] References

1. ^ William Addams Reitwiesner. Ancestry of George W. Bush. Retrieved on October 21, 2006. Reitwiesner is a professional genealogist who has worked for the Library of Congress.

• Biography at the Biographical Directory of the United States Congress

[edit] External links

• David Davis at Find A Grave

Preceded by John Archibald Campbell	Associate Justice of the Supreme Court of the United States December 10, 1862 – March 4, 1877	Succeeded by John Marshall Harlan
Preceded by John A. Logan	United States Senator (Class 2) from Illinois 1877 – 1883 Served alongside: Richard J. Oglesby, John A. Logan	Succeeded by Shelby M. Cullom
Preceded by Thomas F. Bayard, Sr.	President pro tempore of the United States Senate October 13, 1881–March 3, 1883	Succeeded by George F. Edmunds

The Taney Court
1862–1863:	J.M. Wayne | J. Catron | S. Nelson | R.C. Grier | N. Clifford | N.H. Swayne | S.F. Miller | D. Davis
1863–1864:	J.M. Wayne | J. Catron | S. Nelson | R.C. Grier | N. Clifford | N.H. Swayne | S.F. Miller | D. Davis | S.J. Field
The Chase Court
1864–1865:	J.M. Wayne | J. Catron | S. Nelson | R.C. Grier | N. Clifford | N.H. Swayne | S.F. Miller | D. Davis | S.J. Field
1865–1867:	J.M. Wayne | S. Nelson | R.C. Grier | N. Clifford | N.H. Swayne | S.F. Miller | D. Davis | S.J. Field
1867–1870:	S. Nelson | R.C. Grier | N. Clifford | N.H. Swayne | S.F. Miller | D. Davis | S.J. Field
1870–1872:	S. Nelson | N. Clifford | N.H. Swayne | S.F. Miller | D. Davis | S.J. Field | Wm. Strong | J.P. Bradley
1873:	N. Clifford | N.H. Swayne | S.F. Miller | D. Davis | S.J. Field | Wm. Strong | J.P. Bradley | W. Hunt
The Waite Court
1874–1877:	N. Clifford | N.H. Swayne | S.F. Miller | D. Davis | S.J. Field | Wm. Strong | J.P. Bradley | W. Hunt

Presidents pro tempore of the United States Senate

Langdon • Lee • Langdon • Izard • H Tazewell • Livermore • Bingham • Bradford • Read • Sedgwick • Laurance • Ross • Livermore • Tracy • Howard • Hillhouse • Baldwin • Bradley • Brown • Franklin • Anderson • Smith • Bradley • Milledge • Gregg • Gaillard • Pope • Crawford • Varnum • Gaillard • Barbour • Gaillard • Macon • Smith • L Tazewell • White • Poindexter • Tyler • W R King • Southard • Mangum • Sevier • Atchison • W R King • Atchison • Cass • Bright • Stuart • Bright • Mason • Rusk • Fitzpatrick • Bright • Fitzpatrick • Foot • Clark • Foster • Wade • Anthony • Carpenter • Anthony • Ferry • Thurman • Bayard • Davis • Edmunds • Sherman • Ingalls • Manderson • Ransom • Harris • Frye • (Special: Bacon • Curtis • Gallinger • Brandegee • Lodge) • Clarke • Saulsbury • Cummins • Moses • Pittman • W H King • Harrison • Glass • McKellar • Vandenberg • McKellar • Bridges • George • Hayden • Russell • Ellender • Eastland • Magnuson • Young • Magnuson • Thurmond • Stennis • Byrd • Thurmond • Byrd • Thurmond • Byrd • Stevens • Byrd Emeritus: Thurmond • Byrd • Stevens