Marcus Morton (jurist)
Encyclopedia
Marcus Morton American
lawyer and jurist who served as Chief Justice of the Massachusetts Supreme Judicial Court
, was born in Taunton
, the son of future Governor
Marcus Morton
and his wife Charlotte (née Hodges). He attended Bristol County Academy, was graduated from Brown University
in 1838, and from Harvard Law School
in 1840. After one year in the Boston office of Judge Peleg Sprague, he was admitted to the Suffolk
bar in 1841 and practised in Boston for seventeen years. His first appearance in a public position was as a member of the Massachusetts Constitutional Convention of 1853
, in which he sat for Andover
, his home from 1850. In 1858 he served in the state House of Representatives
, where he was chairman of the committee on elections and rendered reports on important questions regarding election law, which the House came to follow.
His judicial service began with his appointment in 1858 to the superior court of Suffolk County and continued unbroken for over thirty-two years. During these years he was one of the original ten members of the state superior court, organized in 1859; Justice of the Supreme Judicial Court of Massachusetts from April 15, 1869; and Chief Justice from January 16, 1882 to August 27, 1890, at which time he resigned because of ill health. He died of heart failure in Andover, leaving his widow, whom, as Abby B. Hoppin of Providence, Rhode Island
, he had married on October 19, 1843, a son, and five daughters.
Morton was by temperament an excellent judge, thorough, strong and reliable rather than brilliant, rapid in assimilating materials and in dispatching business, always accessible, of sufficient learning, courageous in deciding according to his convictions, and of unusual practical sagacity and native shrewdness. Possessed of a direct and vigorous sense of justice, he viewed cases comprehensively, aiming at substantial justice rather than "the sharp quillets of the law". His summaries to juries were characterized by their simplicity, intelligibility, accurate sense of proportion, and impartiality. His judgments, of which over twelve hundred are recorded in the Massachusetts Reports, are compact, clear, and forcible, and, in the opinion of his associates, contain few dicta which will require overruling or qualifications. As a nisi prius
judge he is said to have had few equals in the history of the Commonwealth of Massachusetts. In private life he was plain and unassuming and, though of great personal charm and popularity, averse to public display.
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
lawyer and jurist who served as Chief Justice of the Massachusetts Supreme Judicial Court
Massachusetts Supreme Judicial Court
The Massachusetts Supreme Judicial Court is the highest court in the Commonwealth of Massachusetts. The SJC has the distinction of being the oldest continuously functioning appellate court in the Western Hemisphere.-History:...
, was born in Taunton
Taunton, Massachusetts
Taunton is a city in Bristol County, Massachusetts, United States. It is the seat of Bristol County and the hub of the Greater Taunton Area. The city is located south of Boston, east of Providence, north of Fall River and west of Plymouth. The City of Taunton is situated on the Taunton River...
, the son of future Governor
Governor of Massachusetts
The Governor of the Commonwealth of Massachusetts is the executive magistrate of the Commonwealth of Massachusetts, United States. The current governor is Democrat Deval Patrick.-Constitutional role:...
Marcus Morton
Marcus Morton
Marcus Morton was a lawyer, jurist, and politician from Taunton, Massachusetts. He represented Massachusetts in the United States House of Representatives and served two terms as 16th and 18th Governor of Massachusetts, as well as a portion of an unexpired term in 1825, as Acting Governor.Morton...
and his wife Charlotte (née Hodges). He attended Bristol County Academy, was graduated from Brown University
Brown University
Brown University is a private, Ivy League university located in Providence, Rhode Island, United States. Founded in 1764 prior to American independence from the British Empire as the College in the English Colony of Rhode Island and Providence Plantations early in the reign of King George III ,...
in 1838, and from Harvard Law School
Harvard Law School
Harvard Law School is one of the professional graduate schools of Harvard University. Located in Cambridge, Massachusetts, it is the oldest continually-operating law school in the United States and is home to the largest academic law library in the world. The school is routinely ranked by the U.S...
in 1840. After one year in the Boston office of Judge Peleg Sprague, he was admitted to the Suffolk
Suffolk County, Massachusetts
Suffolk County has no land border with Plymouth County to its southeast, but the two counties share a water boundary in the middle of Massachusetts Bay.-National protected areas:*Boston African American National Historic Site...
bar in 1841 and practised in Boston for seventeen years. His first appearance in a public position was as a member of the Massachusetts Constitutional Convention of 1853
Massachusetts Constitutional Convention of 1853
The Massachusetts Constitutional Convention of 1853 met in order to consider changes to the Massachusetts Constitution. This was the third such convention in Massachusetts history; the first, in 1779–80, had drawn up the original document, while the second, in 1820-21, submitted the first nine...
, in which he sat for Andover
Andover, Massachusetts
Andover is a town in Essex County, Massachusetts, United States. It was incorporated in 1646 and as of the 2010 census, the population was 33,201...
, his home from 1850. In 1858 he served in the state House of Representatives
Massachusetts House of Representatives
The Massachusetts House of Representatives is the lower house of the Massachusetts General Court, the state legislature of the Commonwealth of Massachusetts. It is composed of 160 members elected from single-member electoral districts across the Commonwealth. Representatives serve two-year terms...
, where he was chairman of the committee on elections and rendered reports on important questions regarding election law, which the House came to follow.
His judicial service began with his appointment in 1858 to the superior court of Suffolk County and continued unbroken for over thirty-two years. During these years he was one of the original ten members of the state superior court, organized in 1859; Justice of the Supreme Judicial Court of Massachusetts from April 15, 1869; and Chief Justice from January 16, 1882 to August 27, 1890, at which time he resigned because of ill health. He died of heart failure in Andover, leaving his widow, whom, as Abby B. Hoppin of Providence, Rhode Island
Providence, Rhode Island
Providence is the capital and most populous city of Rhode Island and was one of the first cities established in the United States. Located in Providence County, it is the third largest city in the New England region...
, he had married on October 19, 1843, a son, and five daughters.
Morton was by temperament an excellent judge, thorough, strong and reliable rather than brilliant, rapid in assimilating materials and in dispatching business, always accessible, of sufficient learning, courageous in deciding according to his convictions, and of unusual practical sagacity and native shrewdness. Possessed of a direct and vigorous sense of justice, he viewed cases comprehensively, aiming at substantial justice rather than "the sharp quillets of the law". His summaries to juries were characterized by their simplicity, intelligibility, accurate sense of proportion, and impartiality. His judgments, of which over twelve hundred are recorded in the Massachusetts Reports, are compact, clear, and forcible, and, in the opinion of his associates, contain few dicta which will require overruling or qualifications. As a nisi prius
Nisi prius
Nisi prius is a historical term in English law. In the nineteenth century, it came to be used to denote generally all legal actions tried before judges of the King's Bench Division and in the early twentieth century for actions tried at assize by a judge given a commission. Used in that way, the...
judge he is said to have had few equals in the history of the Commonwealth of Massachusetts. In private life he was plain and unassuming and, though of great personal charm and popularity, averse to public display.