Stephen Johnson Field
Stephen Johnson Field was an American jurist. He was an Associate Justice of the United States Supreme Court from May 20, 1863, to December 1, 1897, the second longest tenure of any justice. Prior to this appointment, he was the fifth Chief Justice of California. Born in Haddam, Connecticut, he was the sixth of the nine children of David Dudley Field I, a Congregationalist minister, his wife Submit Dickinson, his family produced three other children of major prominence in 19th century America: David Dudley Field II the prominent attorney, Cyrus Field the millionaire investor and creator of the Atlantic Cable, Rev. Henry Martyn Field a prominent clergyman and travel writer, he grew up in Stockbridge and went to Turkey at thirteen with his sister Emilia and her missionary husband, Rev. Josiah Brewer, he received a B. A. from Williams College, Massachusetts, in 1837. While attending Williams College he was one of the original Founders of Delta Upsilon fraternity. After reading law in Albany with Harmanus Bleecker and New York City with his brother David Dudley II, Stephen and David practiced law together until 1848 when Stephen went west to California in the Gold Rush.
In California, Field's legal practice boomed and he was elected alcalde, a form of mayor and justice of the peace under the old Mexican rule of law, of Marysville. Because the Gold Rush city could not afford a jail, it cost too much to transport prisoners to San Francisco, Field implemented the whipping post, believing that without such a brutal implement many in the rough and tumble city would be hanged for minor crimes; the voters sent him to the California State Assembly in 1850 to represent Yuba County, but he lost a race the next year for the State Senate. His successful legal practice led to his election to the California Supreme Court in 1857, serving six years. During his time on the Supreme Court of California, Field had a special coat made with pockets large enough to hold two pistols so that he could shoot at his various enemies through the pockets. In 1858 he was challenged to a duel by a fellow Judge but at the dueling ground, neither man fired his gun. In 1859 Field replaced the former chief justice of the California Supreme Court, David S. Terry because Judge Terry killed a United States Senator from California in a duel and left the state.
Oddly and Terry's paths crossed again 30 years when Field, acting in his capacity as a judge of the 9th Federal Circuit Court, ruled against Terry in a convoluted divorce case. Seeking revenge, Terry attempted to kill Field in 1889 near Stockton, but was instead shot dead by Justice Field's bodyguard, U. S. Marshal David B. Neagle. Legal issues arising from the killing of Mr. Terry came before the Supreme Court in the 1890 habeas corpus case of In re Neagle. To no one's surprise, the Supreme Court ruled the Attorney General of the United States had authority to appoint U. S. Marshals as bodyguards to Supreme Court Justices and Marshal Neagle had acted within the scope of his authority in shooting former Judge Terry. On March 6, 1863, Abraham Lincoln appointed Field to the newly created tenth Supreme Court seat, to achieve both regional balance and political balance; the appointment would give the court someone familiar with real estate and mining issues. Field was confirmed by the United States Senate on March 10, 1863, received his commission the same day.
He was sworn in May 20, 1863. According to journalist Brian Doherty, "Field was one of the pioneers of the concept of substantive due process—the notion that the due process protected by the Fourteenth Amendment applied not to procedures but to the substance of laws as well." Field's vocal advocacy of substantive due process was illustrated in his dissents to the Slaughter-House Cases and Munn v. Illinois. In the Slaughter-House Cases, Justice Field's dissent focused on the Privileges or Immunities clause, not the Due Process clause. In both Munn v Illinois and Mugler v Kansas, Justice Field based his dissent on the protection of property interests by the Due Process clause. One of Field's most notable opinions was his majority opinion in Pennoyer v. Neff, which set the standard on personal jurisdiction for the next 100 years, his views on due process were adopted by the court's majority after he left the Supreme Court. In other cases he helped end the income tax, limited antitrust law, limited the power of the Interstate Commerce Commission.
He dissented in the landmark case Strauder v. West Virginia, where the majority opinion held that the exclusion of African-Americans from juries violated the Fourteenth Amendment's Equal Protection Clause, he joined the case Plessy v. Ferguson that upheld racial segregation. Early in his career, Field wrote opinions against California's laws discriminating against the Chinese immigrants to that state. Serving as an individual jurist in district court, he notably struck down the so-called'Pigtail Ordinance' in 1879, regarded as discriminating against Chinese, making him unpopular with the Californian public. However, as a member of the U. S. Supreme Court, he penned opinions infused with racist anti-Chinese-American rhetoric, most notably in his majority opinion in The Chinese Exclusion Case, Chae Chan Ping v. United States, 130 U. S. 581, an
Freedom of religion in the United States
In the United States, freedom of religion is a constitutionally protected right provided in the religion clauses of the First Amendment. Freedom of religion is closely associated with separation of church and state, a concept advocated by Colonial founders such as Dr. John Clarke, Roger Williams, William Penn and founding fathers such as James Madison and Thomas Jefferson; the freedom of religion has changed over time in the United States and continues to be controversial. Concern over this freedom was a major topic of George Washington's Farewell Address. Illegal religion was a major cause of the 1890–1891 Ghost Dance War. Starting in 1918, nearly all of the pacifist Hutterites emigrated to Canada when Joseph and Michael Hofer died following torture at Fort Leavenworth for conscientious objection to the draft; some have since returned. The long term trend has been towards increasing secularization of the government; the remaining state churches where disestablished in 1820 and teacher-led public school prayer was abolished in 1962, but the military chaplaincy remains to the present day.
Although most Supreme Court rulings have been accommodationist towards religion, in recent years there have been attempts to replace the freedom of religion with the more limited freedom of worship. Although the freedom of religion includes some form of recognition to the individual conscience of each citizen with the possibility of conscientious objection to law or policy, the freedom of worship does not. Controversies surrounding the freedom of religion in the US have included building places of worship, compulsory speech, prohibited counseling, compulsory consumerism, workplace and the family, the choosing of religious leaders, circumcision of male infants, education, praying for sick people, medical care, use of government lands sacred to Native Americans, the protection of graves, the bodily use of sacred substances, mass incarceration of clergy, both animal slaughter for meat and the use of living animals, accommodations for employees and military personnel; the United States Constitution addresses the issue of religion in two places: in the First Amendment, the Article VI prohibition on religious tests as a condition for holding public office.
The First Amendment prohibits the Congress from making a law "respecting an establishment of religion, or prohibiting the free exercise thereof". This provision was expanded to state and local governments, through the Incorporation of the first Amendment; the October 10, 1645, charter of Flushing, New York, allowed "liberty of conscience, according to the custom and practice of Holland without molestation or disturbance from any magistrate or ecclesiastical minister." However, New Amsterdam Director-General Peter Stuyvesant issued an edict prohibiting the harboring of Quakers. On December 27, 1657, the inhabitants of Flushing approved a protest known as The Flushing Remonstrance; this contained religious arguments mentioning freedom for "Jews and Egyptians," but ended with a forceful declaration that any infringement of the town charter would not be tolerated. Freedom of religion was first applied as a principle in the founding of the colony of Maryland founded by the Catholic Lord Baltimore, in 1634.
Fifteen years an enactment of religious liberty, the Maryland Toleration Act, drafted by Lord Baltimore, provided: "No person or persons... shall from henceforth be any waies troubled, molested or discountenanced for or in respect of his or her religion nor in the free exercise thereof." The Maryland Toleration Act was repealed with the assistance of Protestant assemblymen and a new law barring Catholics from practicing their religion was passed. In 1657, Lord Baltimore regained control after making a deal with the colony's Protestants, in 1658 the Act was again passed by the colonial assembly; this time, it would last more than thirty years, until 1692, when after Maryland's Protestant Revolution of 1689, freedom of religion was again rescinded. In addition in 1704, an Act was passed "to prevent the growth of Popery in this Province", preventing Catholics from holding political office. Full religious toleration would not be restored in Maryland until the American Revolution, when Maryland's Charles Carroll of Carrollton signed the American Declaration of Independence.
Rhode Island, New Jersey, Pennsylvania, founded by Baptist Roger Williams, Congregationalist Thomas Hooker, Quaker William Penn established the religious freedom in their colonies in direct opposition to the theocratic government which Separatist Congregationalists and Puritans had enforced in Plymouth Colony and Massachusetts Bay Colony. Having fled religious persecution themselves in England, the leaders of Plymouth and Massachusetts Bay Colony restricted franchise to members of their church only, rigorously enforced their own interpretation of theological law and banished freethinkers such as Roger Williams, chased out of Salem; as well as banning Quakers and Anabaptists. These colonies became safe havens for persecuted religious minorities. Catholics and Jews had full citizenship and free exercise of their faiths. Williams, Hooker and their friends were convinced that democracy and freedom of conscience were the will of God. Williams gave the most profound theological reason: As faith is the free gift of the Holy Spirit, it cannot be forced upon a person.
Therefore, strict separation of church and state has to be kept. Pennsylvania was the only colony that retained unlimited religious freedom until the foundation of the United States; the inseparable connection of democracy, freedom of religion, the othe
Nathan Clifford was an American statesman and jurist, whose career culminated in a lengthy period of service as an Associate Justice of the Supreme Court of the United States. Clifford was born of old Yankee stock in Rumney, New Hampshire, to Deacon Nathaniel Clifford and Lydia Simpson Clifford, the eldest and only son of seven children, he attended the public schools of that town the Haverhill Academy in New Hampshire, the New Hampton Literary Institute. After teaching school for a time, he studied law in the offices of Josiah Quincy III and was admitted to the bar in Maine in 1827, establishing his first practice in Newfield, Maine, it was in Newfield where he met Hannah Ayer. Together they had six children, he served in the Maine House of Representatives from 1830 to 1834 and served as speaker of that house the last two years. He was Maine Attorney General from 1834 until 1838, when he entered national politics. Clifford ran for the Senate and lost. Clifford was elected as a Democrat to the 26th and 27th Congresses, serving March 4, 1839 through March 3, 1843, representing the Second and the Third District.
In Washington D. C. he followed the Democratic party line on policies, was a strong supporter of the Van Buren administration. Clifford was opposed to a high tariff, supported internal improvements, endorsed state banking, was in favor of federal retrenchment, he criticized abolition, saying that its supporters were well intentioned but denounced the "mean and incendiary schemes of political Abolitionists." Due to re-redistricting and political infighting, Clifford was not a candidate for re-election in 1842. In 1846, President James K. Polk appointed him 20th Attorney General of the United States after his predecessor, John Y. Mason, returned to being Naval Secretary. Clifford served in Polk's Cabinet from October 17, 1846, to March 17, 1848. Clifford resigned his post with the Justice Department to become the U. S. Envoy Extraordinary and Minister Plenipotentiary to Mexico, serving from March 18, 1848, to September 6, 1849, it was through Clifford that the Treaty of Guadalupe Hidalgo was arranged with Mexico, by which California became a part of the United States.
A Whig Presidential victory meant. Following his service in the diplomatic corps, Clifford resumed the practice of law in Portland, Maine. On December 9, 1857, President James Buchanan nominated Clifford to be an Associate Justice of the Supreme Court of the United States, to fill the vacancy created by the resignation of Benjamin R. Curtis, in the aftermath of Dred Scott v. Sandford. Clifford's was a hotly contested nomination. A perennial partisan Democrat, to the opposition Clifford seemed to be a political hack. Clifford was labeled a "doughface," a Northern man with Southern sympathies. Due to his pro-slavery position, anti-slavery representatives in the United States Senate fiercely opposed Clifford, they blocked his nomination. Rather, they delayed his confirmation for thirty four days, Clifford was confirmed on January 12, 1858, by a narrow margin of 26 votes to 23 in the Senate. If not for the Democratic Party rallying around their candidate, the absence of two of his opponents, the last minute change in stance by a Democratic Senator, Clifford would have lost.
His specialties were commercial and maritime law, Mexican land grants, procedure and practice. Though he declared any legal philosophy about the Constitution, Justice Clifford believed in a sharp dividing line between federal and state authority. One of his supporters, United States Senator James Bradbury, said Clifford's view was that the Constitution was not an "elastic instrument to be enlarged or impaired by construction, but to be interpreted according to its terms, sacredly maintained in all its provisions and limitations, as the best guaranty for the perpetuity of our republican institutions." Clifford supported a mechanical jurisprudence adhering to the strict text of the Constitution. Clifford distrusted federal authority; this meant that during the American Civil War he supported the government's policies, although he opposed the use of arbitrary powers. During the Reconstruction Era, Clifford ruled to try to limit federal power. During the Civil War, Clifford remained loyal to the Union.
Besides voting with the minority in the Prize Cases, arguing that the blockade of the Confederacy was illegal unless war was declared against them, Clifford voted to uphold federal authority so that the North could pursue the war. After the war, Clifford voted to limit federal power, make it easier for the South to return to the federal union. Clifford joined in the majority in Ex parte Milligan limiting the power of using military tribunals to prosecute citizens when civilian courts were available, he ruled with the majority in outlawing test oaths as part of the conditions of returning to the Union in Cummings v. Missouri and Ex parte Garland. During Reconstruction, Clifford voted in ways that limited the reconstruction amendments, which in turn, harmed the newly freed slaves, he voted with the majority in the Slaughterhouse Cases, which differentiated between state and federal citizenship and that the Fourteenth Amendment only confers and protects the narrower rights of federal citizenship.
In his concurrence in Hall v. DeCuir, Justice Clifford coined the phrase "equality is not identity," when referring to a case where a black woman was refused access to part of a steamship, for whites only; this phrase would get translated to "sep
Mormon fundamentalism is a belief in the validity of selected fundamental aspects of Mormonism as taught and practiced in the nineteenth century during the administrations of Joseph Smith and Brigham Young, the first two presidents of The Church of Jesus Christ of Latter-day Saints. Mormon fundamentalists seek to uphold practices no longer held by mainstream Mormons; the principle most associated with Mormon fundamentalism is plural marriage, a form of polygyny first taught in the Latter Day Saint movement by Joseph Smith, the founder of the movement. A second and associated principle is that of the United Order, a form of egalitarian communalism. Mormon fundamentalists believe that these and other principles were wrongly abandoned or changed by the LDS Church in its efforts to become reconciled with mainstream American society. Today, the LDS Church excommunicates any of its members who practice plural marriage or who otherwise associate themselves with Mormon fundamentalist practices. There is no single authority accepted by all Mormon fundamentalists.
Fundamentalists have formed numerous small sects within cohesive and isolated communities in the Western United States, Western Canada, northern Mexico. At times, sources have claimed there are as many as 60,000 Mormon fundamentalists in the United States, with fewer than half of them living in polygamous households. However, others have suggested that there may be as few as 20,000 Mormon fundamentalists with only 8,000 to 15,000 practicing polygamy. Founders of mutually rival Mormon fundamentalist denominations include Lorin C. Woolley, John Y. Barlow, Joseph W. Musser, Leroy S. Johnson, Rulon C. Allred, Elden Kingston, Joel LeBaron; the largest Mormon fundamentalist groups are the Fundamentalist Church of Jesus Christ of Latter-Day Saints and the Apostolic United Brethren. The LDS Church began prohibiting the contracting of plural marriages within the United States in 1890 after a decree by the president of the church, Wilford Woodruff. However, the practice continued underground in the U. S. and in Mormon colonies in northern Mexico and southern Alberta.
According to some sources, many polygamous men in the United States continued to live with their plural wives with the approval of church presidents Woodruff, Lorenzo Snow, Joseph F. Smith; some fundamentalists have argued that the 1890 Manifesto was not a real revelation of the kind given by God to Joseph Smith, Brigham Young, John Taylor, others, but that it was rather a politically expedient document intended by Woodruff to be a temporary measure until Utah Territory gained statehood. They make their argument based upon textual evidence and the fact that the "Manifesto" is not worded in accordance with similar revelations in the LDS scriptures; this argument further holds that after joining the Union, Utah would have had the authority to enact its own laws with respect to marriage, rather than being bound by U. S. territorial laws. Before statehood could be granted in 1896, the federal government required Utah to include a provision in its state constitution stating that "polygamous or plural marriages are forever prohibited."
Fundamentalists believe that a primary impetus for the 1890 Manifesto was the Edmunds–Tucker Act of 1887, a stringent federal law that dissolved the LDS Church, disenfranchised women, required voters to take an anti-polygamy oath before being permitted to vote in an election. With the selection of Latter-day Saint Reed Smoot to be one of Utah's representatives to the U. S. Senate in 1903, national attention was again focused on the continuation of plural marriage in Utah, which culminated in the Reed Smoot hearings. In 1904, LDS Church president Joseph F. Smith issued a "Second Manifesto", after which time it became LDS Church policy to excommunicate those church members who entered into or solemnized new polygamous marriages; the seriousness with which this new measure was taken is evinced in the fact that apostle John W. Taylor, son of the third president of the church, was excommunicated in 1911 for his continued opposition to the Manifesto. Today, the LDS Church continues to excommunicate members who advocate early Mormon doctrines such as plural marriage, enter into or solemnize plural marriages, or support Mormon fundamentalist or dissident groups.
Although some LDS Church members continue to believe in the doctrine of plural marriage without practicing it, Joseph Smith's teachings on plural marriage remain part of the scriptural canon of the LDS Church. The LDS Church prevents any of its members who sympathize with Mormon fundamentalist teachings from entering its temples. During the 1920s, a church dissenter named Lorin C. Woolley claimed a separate line of priesthood authority from the LDS Church's hierarchy setting in motion the development of Mormon fundamentalism. Most of the Mormon polygamous groups can trace their roots to Woolley's legacy. For the most part, the Utah state government has left the Mormon fundamentalists to themselves unless their practices violate laws other than those prohibiting bigamy. For example, there have been recent prosecutions of men who belong to fundamentalist groups for marrying underage girls. In one publicized case, a man and one of his polygamist wives lost custody of all but one of their children until the wife separated herself from her husband.
The largest government effort to crack down on the practices of fundamentalist Mormons was carried out in 1953 in what is today Colorado City
Origin of Latter Day Saint polygamy
Polygamy, or plural marriage, in the Church of Jesus Christ of Latter Day Saints is believed to have originated with the founder of Mormonism, Joseph Smith. According to several of his associates, Smith taught that polygamy was a divine commandment and practiced it by some accounts marrying more than 30 women, some of whom had existing marriages to other men. Evidence for Smith's polygamy is provided by the church's "sealing" records, letters and diaries. However, until his death and the leading church quorums denied that he preached or practiced polygamy. Smith's son Joseph Smith III, his widow Emma Smith, the Reorganized Church of Jesus Christ of Latter Day Saints challenged the evidence and taught that Joseph Smith had opposed polygamy, they instead claimed that Brigham Young, the head of The Church of Jesus Christ of Latter-day Saints, introduced plural marriage after Smith's death. In 1852, leaders of the Utah-based LDS Church publicly announced the doctrine of polygamy; when polygamy was introduced into the Latter Day Saint movement is uncertain.
Some scholars believe that Smith transcribed a revelation recommending polygamy on July 17, 1831. This alleged revelation is described in a letter to Brigham Young written in 1861 by an early Mormon convert, William W. Phelps, thirty years after the supposed revelation; this was during a period when LDS Church leaders were justifying the practice and origins of plural marriage to Mormon splinter groups who did not agree with the practice. The key portion of the revelation proclaims: This wording is comparable with the portion of the 1830 edition of the Book of Mormon, which corresponds to today's 2 Nephi 30:5–6, which states that when Native Americans receive the gospel they will become a "white and a delightsome people." Unlike the 1831 revelation, the 1830 version of the Book of Mormon does not specify that the Native Americans would become "white and delightsome" through plural marriage. A note from Phelps in the same document explains how the conversion of the Native Americans coincided with Smith's plan for a new system of marriage: A reference was made to this revelation five months after its alleged date in a letter by Mormon apostate Ezra Booth to the Ohio Star on December 8, 1831, in which he refers to the "revelation form a matrimonial alliance with the Natives", but the letter makes no reference to polygamy.
This letter is significant in that it confirms the authenticity of the revelation, but some regard it as problematic because had it mentioned polygamy, Booth would have mentioned it in his anti-Mormon agenda. Three authors assert that a second record of the revelation exists, believed to be in the LDS Church's historical department, though its existence has not been confirmed by the church; the LDS Church never published Phelps's note or letter, nor has it been canonized as part of Mormon scripture, done with many of Smith's other revelations. The church never adopted a policy requiring or recommending that its members marry Native Americans. In 1943, historian Fawn Brodie stated that LDS Church historian Joseph Fielding Smith told her that a revelation foreshadowing polygamy had been written in 1831 but never published, that although its existence in the church library is acknowledged, "in conformity with the church policy" Brodie would not be permitted to examine it. Though the 1831 revelation is cited by Mormon historians, non-Mormon historians, critics, there are dissenting opinions, no consensus has been reached.
After Smith's death, many early converts, including apostles Brigham Young, Orson Pratt, Lyman E. Johnson, said that Smith was teaching plural marriage as early as 1831 or 1832. Mary Elizabeth Rollins Lightner, Smith's ninth wife claimed that Smith had a private conversation with her in 1831 when she was twelve. Pratt reported that Smith told some early members in 1831 and 1832 that plural marriage was a true principle, but that the time to practice it had not yet come. Johnson claimed to have heard the doctrine from Smith in 1831. Mosiah Hancock reported that his father Levi W. Hancock was taught about plural marriage in the spring of 1832. William Clayton, Smith's scribe, recorded polygamous marriages in 1843, including unions between Smith and Eliza Partridge, Emily Partridge, Sarah Ann Whitney, Helen Kimball, Flora Woodworth. Latter Day Saint historical sources indicate that as early as 1832, Mormon missionaries were converting followers of religious leader Jacob Cochran, who went into hiding in 1830 to escape imprisonment for practicing polygamy.
Mormons held two conferences at Saco, the center of Cochranism, on June 13, 1834, August 21, 1835. At the latter conference, at least seven of the twelve newly-ordained Mormon apostles were in attendance, including Brigham Young. Young became acquainted with Cochran's followers as he made several missionary journeys through Cochranite territory from Boston to Saco, married Augusta Adams Cobb, a former Cochranite, as one of his plural wives. Others who spent time among the Cochranites were Smith's younger brother, Samuel. Among Cochran's marital innovations was "spiritual wifery". Ridlon wrote in 1895, "tradition assumes that received frequent consignments of spiritual consorts, that such were invariably the most robust and attractive women in the community." Some new Cochranites remained polygamists, moved from the east coast to the Mormon community of Kirtland, Ohio. Rumors of Mormon polygamy began to become public, enough to be denied in Mormon publications and mentioned in Mormon scripture in 1835, which noted: On July 12, 1843, Joseph Smith is said to have received a revelation, much more accepted by h
Noah Haynes Swayne
Noah Haynes Swayne was an American jurist and politician. He was the first Republican appointed as a justice to the United States Supreme Court. Swayne was born in Frederick County, Virginia in the uppermost reaches of the Shenandoah Valley 100 miles northwest of Washington D. C, he was the youngest of nine children of Rebecca Swayne. He was a descendant of Francis Swayne, who emigrated from England in 1710 and settled near Philadelphia. After his father died in 1809, Noah was educated locally until enrolling in Jacob Mendendhall's Academy in Waterford, Virginia, a respected Quaker school 1817–18, he began to study medicine in Alexandria, but abandoned this pursuit after his teacher Dr. George Thornton died in 1819. Despite his family having no money to support his continued education, he read law under John Scott and Francis Brooks in Warrenton and was admitted to the Virginia Bar in 1823. A devout Quaker, Swayne was opposed to slavery, in 1824 he left Virginia for the free state of Ohio, his abolitionist sentiments caused him to move to Ohio.
He began a private practice in Coshocton and, in 1825, was elected Coshocton County Attorney. Four years he was elected to the Ohio state legislature. In 1830 he was appointed U. S. Attorney for Ohio by Andrew Jackson, moved to Columbus to take up the new position. While serving as U. S. Attorney, Swayne was elected in 1834 to the Columbus City Council, in 1836 to the Ohio House of Representatives; as U. S. Attorney, Swayne became close friends with Supreme Court justice John McLean. McLean, by the end of his career, was a strong Republican, when the party was formed in 1855 Swayne had become an early member and political organizer. In 1835, as escalating tensions in the boundary dispute between Ohio and Michigan Territory threatened to erupt into violent conflict, Ohio Governor Robert Lucas dispatched Swayne, along with former Congressman William Allen and David T. Disney, to Washington D. C. to confer with President Andrew Jackson. The delegation presented Ohio's case and urged the President to act swiftly to address the situation.
John McLean was one of two dissenters in the Dred Scott case. He sought the Republican nomination for President in 1860. However, he recommended to Lincoln on a number of occasions that Swayne be nominated to replace him on the court; this proved timely. As the American Civil War began, Swayne campaigned for the vacant seat, lobbying several Ohio members of Congress for their support; as the Oyez Project notes: "Swayne satisfied Lincoln's criteria for appointment: commitment to the Union, slavery opponent, geographically correct."It is believed that Swayne had represented fugitive slaves in court. So eight months after McLean's death, Swayne was nominated, on January 21, 1862; the nomination was confirmed by the United States Senate on January 24, 1862, with Swayne receiving his commission the same day. In the Slaughterhouse Cases, 83 U. S. 36 – a pivotal decision on the meaning of Section 1 of the new Fourteenth Amendment to the Constitution—Swayne dissented with Justices Stephen J. Field and Joseph Bradley.
Field's dissent was important, presaged decisions broadening the scope of the Fourteenth Amendment. However, four years Swayne joined the majority in Munn v. Illinois, with Field still dissenting. Swayne's potential judicial greatness failed to materialize, he was the first of President Lincoln's five appointments to the Supreme Court: Noah Hayes Swayne – 1862. He is said to have been "the weakest", his main distinction was his staunch judicial support of the president's war measures: the Union blockade. He is most famous for his majority opinion in Springer v. United States, 102 U. S. 586, which upheld the Federal income tax imposed under the Revenue Act of 1864. In Gelpcke v. Dubuque 68 U. S. 175 Swayne wrote the majority opinion, repudiating a claim that the Iowa constitution could impair legal obligations to bondholders. When contracts are made on the basis of trust in past judicial decisions those contracts could not be impaired by any subsequent construction of the law. "We shall never immolate truth and the law, because a state tribunal has erected the altar and decreed the sacrifice."
He supported "the contractual rights of railroad bond holders, "even in the face of repudiation sanctioned both by the Iowa state legislature and state supreme court. Obligations sacred to law are not to be destroyed because'a state tribunal has erected the altar and decreed the sacrifice.'" For a decision on impairment of contracts, compare Lochner v. New York, 198 U. S. 45. Swayne remained on the court until 1881, twice lobbying unsuccessfully to be elevated to the position of Chief Justice. After his retirement, Swayne returned to Ohio. Swayne is not regarded as a distinguished justice, he wrote few opinions signing on to opinions written by others, remained on the court well past his physical prime, being quite infirm at his retirement. Under pressure from President Rutherford B. Hayes, he agreed to retire on the condition that his friend and fellow Ohio attorney Stanley Matthews replace him, his son, Wager Swayne, served in t
Fundamentalist Church of Jesus Christ of Latter-Day Saints
The Fundamentalist Church of Jesus Christ of Latter-Day Saints is one of the largest of the fundamentalist Mormon denominations and one of the largest organizations in the United States whose members practice polygamy. The FLDS Church emerged in the early 20th century when its founding members left The Church of Jesus Christ of Latter-day Saints; the split occurred because of the LDS Church's suspension of the practice of polygamy and its decision to excommunicate members who continued the practice. The FLDS Church headquarters were located in what was known as Short Creek in Arizona, on the southern border of Utah; the settlement expanded into Utah and became incorporated as the twin municipalities of Hildale and Colorado City, Arizona. The historic location of the church was in Hildale and Colorado City, but the church has a long-standing colony in Bountiful, British Columbia. In 2004, news reports suggested a possible shift of the church's headquarters to Eldorado, where a temple had been built by FLDS Church members.
Since the purchase of land located 6 miles northeast of Eldorado, now called the Yearning for Zion Ranch, there appears to be a shift in the headquarters of the church, along with a large exodus of the "most faithful" church members. Other newer church settlements are 15 miles southwest of Pringle, South Dakota and Mancos, Colorado with a presence in Minot, North Dakota; the exact number of members of the FLDS Church is not known, due to the closed cultish nature of the organization. It is estimated to have 6,000 to 10,000 members residing in the sister cities of Hildale and Colorado City, Arizona. There are developing communities near Benjamín Hill, Sonora. Members of the FLDS Church have owned machine shops that have sold airplane components to the United States government; the residents in the area of Hildale and Colorado City have a long history of practising plural marriage, dating to the mid-19th century. It is taught in the community that Brigham Young President of the LDS Church, once visited the area and said "This will someday be the head and not the tail of the church.
This will be the granaries of the saints. This land will produce in abundance sufficient wheat to feed the people." The twin cities were once known as Short Creek founded in 1913 as a ranching community. The FLDS traces its claim to spiritual authority to accounts, starting with a statement published in 1912 by Lorin C. Woolley, of a purported 1886 divine revelation to then-LDS Church President John Taylor, they see this 1886 revelation as precluding validity of the 1890 Manifesto against new plural marriages by church members, issued by Wilford Woodruff, whom the LDS Church recognizes as Taylor's successor. After the formal abandonment of plural marriage by the LDS Church, many members around Short Creek and elsewhere continued, solemnized, plural marriages. In 1904 the LDS Church issued the Second Manifesto, excommunicated those who continued to solemnize or enter into new plural marriages. Short Creek soon became a gathering place for polygamist former members of the LDS Church. In 1935, the LDS Church excommunicated the Mormon residents of Short Creek who refused to sign an oath renouncing polygamy.
Following this, John Y. Barlow began to lead a group of Mormon fundamentalists who were dedicated to preserving the practice of plural marriage; the location on the Utah–Arizona border was thought to be ideal for the group because it allowed them to avoid state raids by moving across the state line. Some of the locally prominent men in Short Creek, after being excommunicated by the LDS Church became leaders of the Mormon fundamentalist movement, including Lorin C. Woolley, J. Leslie Broadbent, John Y. Barlow, Charles Zitting, Joseph White Musser, LeGrand Wooley, Louis A. Kelsch. In 1932, these men created the organization known as the Council of Friends, a group of seven high priests, said to be the governing priesthood body on Earth; the Council of Friends became the governing ecclesiastical body over the Mormon fundamentalists at Short Creek. The early years of the movement were contentious and saw many differing interpretations and opinions among leaders as to how plural marriage should be practised.
These contentions led to the subsequent schisms that created the multiple Mormon fundamentalist organizations that now exist, including the FLDS Church, the Apostolic United Brethren, the Latter-day Church of Christ or Kingston group. It is believed by all of these sects that the early leaders of the fundamentalist movement claimed to receive revelations from God commanding that plural marriage should not cease. One researcher has suggested that the concept of the FLDS as a separate church entity did not arise until a 1987 lawsuit, when the full name of the church first appears. According to this interpretation, the original authority conferred by Lorin C. Wooley was only for the purpose of initiating plural marriages, not for the establishing of a new church, many early Short Creek polygamists continued to regard the LDS Church as authoritative but "out of order" on the matter of polygamy; such members held hope that the LDS Church would one day come back "into order" and re-establish the practice of polygamy.
In 1984, a schism formed within the FLDS Church just before the death of Leroy S. Johnson. A small group of FLDS took issu