Nathan Clifford
Encyclopedia
Nathan Clifford was an American
statesman, diplomat and jurist.
Clifford was born of old Yankee
stock in Rumney, New Hampshire
, to farmers, the only son of seven children (His great-great-grandmother, Ann Smith, wife of Israel Clifford, was the accuser of Goody Cole
.) He attended the public schools of that town, then the Haverhill Academy in New Hampshire
, and finally the New Hampton Literary Institute (now known as the New Hampton School
). 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
.
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 then Maine Attorney General from 1834 until 1838, when he was elected as a Democrat to the 26th and 27th Congresses, serving March 4, 1839 through March 3, 1843, and representing the Second and then the Third District. He 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. Immediately after completing his service with the Justice Department
he became 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.
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. Clifford was confirmed on January 12, 1858, by a narrow margin of 26 votes to 23 in the United States Senate
. Senators were hesitant about placing a pro-slavery Democrat on the Supreme Court. His specialties were commercial and maritime law, Mexican land grants, and procedure and practice. Though he rarely declared any legal philosophy about the Constitution
, Justice Clifford believed in a sharp dividing line between federal and state authority. His major constitutional contribution may have been his dissent in Loan Association vs. Topeka (20 Wallace 655) in which he rejected "natural law
," or any ground other than clear constitutional provision, as a basis the Court use to strike down legislative acts. Justice Clifford's opinions were comprehensive essays on law, and have sometimes been criticized as overly lengthy and digressive. Justice Clifford wrote the majority opinion of the Supreme Court in 398 cases. He served on the Court for 23 years, beginning on January 28, 1858, and continuing until his death from the complications of a stroke
.
Clifford was president of the Electoral Commission convened in 1877 to determine the outcome of the U.S. presidential election, 1876. Clifford voted for Samuel Tilden (a fellow Democrat), but Rutherford B. Hayes
famously won by a single vote in the Compromise of 1877
.
Clifford was one of a handful of persons who have served in all three branches of the United States federal government. He died in Cornish, Maine
in 1881; he was interred in Evergreen Cemetery
, in Portland, Maine
. The Nathan Clifford Elementary School in Portland is named for him.
Clifford's son William Henry Clifford was a successful lawyer and an unsuccessful candidate for the Maine State House of Representatives; his grandson, also named Nathan Clifford, was also a lawyer and briefly president of the Maine State Senate.
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
statesman, diplomat and jurist.
Clifford was born of old Yankee
Yankee
The term Yankee has several interrelated and often pejorative meanings, usually referring to people originating in the northeastern United States, or still more narrowly New England, where application of the term is largely restricted to descendants of the English settlers of the region.The...
stock in Rumney, New Hampshire
Rumney, New Hampshire
Rumney is a town in Grafton County, New Hampshire, United States. The population was 1,480 at the 2010 census. The town is located at the southern edge of the White Mountain National Forest.-History:...
, to farmers, the only son of seven children (His great-great-grandmother, Ann Smith, wife of Israel Clifford, was the accuser of Goody Cole
Goody Cole
Eunice Cole , maiden name unknown, was a woman from the coast of New Hampshire. Better known as "Goody Cole", she is the only woman convicted of witchcraft in New Hampshire.-Family:...
.) He attended the public schools of that town, then the Haverhill Academy in New Hampshire
New Hampshire
New Hampshire is a state in the New England region of the northeastern United States of America. The state was named after the southern English county of Hampshire. It is bordered by Massachusetts to the south, Vermont to the west, Maine and the Atlantic Ocean to the east, and the Canadian...
, and finally the New Hampton Literary Institute (now known as the New Hampton School
New Hampton School
New Hampton School is an independent college preparatory high school located in New Hampton, New Hampshire, in the New England region of the northeastern United States...
). After teaching school for a time, he studied law in the offices of Josiah Quincy III
Josiah Quincy III
Josiah Quincy III was a U.S. educator and political figure. He was a member of the U.S. House of Representatives , Mayor of Boston , and President of Harvard University...
and was admitted to the bar in Maine
Maine
Maine is a state in the New England region of the northeastern United States, bordered by the Atlantic Ocean to the east and south, New Hampshire to the west, and the Canadian provinces of Quebec to the northwest and New Brunswick to the northeast. Maine is both the northernmost and easternmost...
in 1827, establishing his first practice in Newfield, Maine
Newfield, Maine
Newfield is a town in York County, Maine, United States. The population was 1,328 at the 2000 census. Home to Willowbrook Museum Village, Newfield is part of the Portland–South Portland–Biddeford metropolitan statistical area.-History:...
.
He served in the Maine House of Representatives
Maine House of Representatives
The Maine House of Representatives is the lower house of the Maine Legislature. The House consists of 151 members representing an equal amount of districts across the state. Each voting member of the House represents around 8,450 citizens of the state...
from 1830 to 1834 and served as Speaker of that house the last two years. He was then Maine Attorney General from 1834 until 1838, when he was elected as a Democrat to the 26th and 27th Congresses, serving March 4, 1839 through March 3, 1843, and representing the Second and then the Third District. He was not a candidate for re-election in 1842.
In 1846, President
President of the United States
The President of the United States of America is the head of state and head of government of the United States. The president leads the executive branch of the federal government and is the commander-in-chief of the United States Armed Forces....
James K. Polk
James K. Polk
James Knox Polk was the 11th President of the United States . Polk was born in Mecklenburg County, North Carolina. He later lived in and represented Tennessee. A Democrat, Polk served as the 17th Speaker of the House of Representatives and the 12th Governor of Tennessee...
appointed him 20th Attorney General of the United States after his predecessor, John Y. Mason
John Y. Mason
John Young Mason was an American politician, diplomat, and United States federal judge.-Early life, education, and career:...
, returned to being Naval Secretary
United States Secretary of the Navy
The Secretary of the Navy of the United States of America is the head of the Department of the Navy, a component organization of the Department of Defense...
. Clifford served in Polk's Cabinet
United States Cabinet
The Cabinet of the United States is composed of the most senior appointed officers of the executive branch of the federal government of the United States, which are generally the heads of the federal executive departments...
from October 17, 1846, to March 17, 1848. Immediately after completing his service with the Justice Department
United States Department of Justice
The United States Department of Justice , is the United States federal executive department responsible for the enforcement of the law and administration of justice, equivalent to the justice or interior ministries of other countries.The Department is led by the Attorney General, who is nominated...
he became the U.S. Envoy Extraordinary and Minister Plenipotentiary to Mexico
Mexico
The United Mexican States , commonly known as Mexico , is a federal constitutional republic in North America. It is bordered on the north by the United States; on the south and west by the Pacific Ocean; on the southeast by Guatemala, Belize, and the Caribbean Sea; and on the east by the Gulf of...
, serving from March 18, 1848 to September 6, 1849. It was through Clifford that the Treaty of Guadalupe Hidalgo
Treaty of Guadalupe Hidalgo
The Treaty of Guadalupe Hidalgo is the peace treaty, largely dictated by the United States to the interim government of a militarily occupied Mexico City, that ended the Mexican-American War on February 2, 1848...
was arranged with Mexico, by which California
California
California is a state located on the West Coast of the United States. It is by far the most populous U.S. state, and the third-largest by land area...
became a part of the United States.
Following his service in the diplomatic corps, Clifford resumed the practice of law in Portland, Maine
Portland, Maine
Portland is the largest city in Maine and is the county seat of Cumberland County. The 2010 city population was 66,194, growing 3 percent since the census of 2000...
.
James Buchanan
James Buchanan, Jr. was the 15th President of the United States . He is the only president from Pennsylvania, the only president who remained a lifelong bachelor and the last to be born in the 18th century....
nominated Clifford to be an Associate Justice of the Supreme Court of the United States
Associate Justice of the Supreme Court of the United States
Associate Justices of the Supreme Court of the United States are the members of the Supreme Court of the United States other than the Chief Justice of the United States...
, to fill the vacancy created by the resignation of Benjamin R. Curtis. Clifford was confirmed on January 12, 1858, by a narrow margin of 26 votes to 23 in the United States Senate
United States Senate
The United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each...
. Senators were hesitant about placing a pro-slavery Democrat on the Supreme Court. His specialties were commercial and maritime law, Mexican land grants, and procedure and practice. Though he rarely declared any legal philosophy about the Constitution
United States Constitution
The Constitution of the United States is the supreme law of the United States of America. It is the framework for the organization of the United States government and for the relationship of the federal government with the states, citizens, and all people within the United States.The first three...
, Justice Clifford believed in a sharp dividing line between federal and state authority. His major constitutional contribution may have been his dissent in Loan Association vs. Topeka (20 Wallace 655) in which he rejected "natural law
Natural law
Natural law, or the law of nature , is any system of law which is purportedly determined by nature, and thus universal. Classically, natural law refers to the use of reason to analyze human nature and deduce binding rules of moral behavior. Natural law is contrasted with the positive law Natural...
," or any ground other than clear constitutional provision, as a basis the Court use to strike down legislative acts. Justice Clifford's opinions were comprehensive essays on law, and have sometimes been criticized as overly lengthy and digressive. Justice Clifford wrote the majority opinion of the Supreme Court in 398 cases. He served on the Court for 23 years, beginning on January 28, 1858, and continuing until his death from the complications of a stroke
Stroke
A stroke, previously known medically as a cerebrovascular accident , is the rapidly developing loss of brain function due to disturbance in the blood supply to the brain. This can be due to ischemia caused by blockage , or a hemorrhage...
.
Clifford was president of the Electoral Commission convened in 1877 to determine the outcome of the U.S. presidential election, 1876. Clifford voted for Samuel Tilden (a fellow Democrat), but Rutherford B. Hayes
Rutherford B. Hayes
Rutherford Birchard Hayes was the 19th President of the United States . As president, he oversaw the end of Reconstruction and the United States' entry into the Second Industrial Revolution...
famously won by a single vote in the Compromise of 1877
Compromise of 1877
The Compromise of 1877, also known as the Corrupt Bargain, refers to a purported informal, unwritten deal that settled the disputed 1876 U.S. Presidential election and ended Congressional Reconstruction. Through it, Republican Rutherford B. Hayes was awarded the White House over Democrat Samuel J...
.
Clifford was one of a handful of persons who have served in all three branches of the United States federal government. He died in Cornish, Maine
Cornish, Maine
Cornish is a town in York County, Maine, United States. The population was 1,269 at the 2000 census. It is part of the Portland–South Portland–Biddeford, Maine metropolitan statistical area...
in 1881; he was interred in Evergreen Cemetery
Evergreen Cemetery (Portland, Maine)
Evergreen Cemetery is a garden style cemetery in Portland, Maine, United States. With of land, it is the second largest cemetery in the state. It was established in 1855 and became the city's main cemetery after the Western Cemetery. As of March 2011, only of the were used for cemetery-related...
, in Portland, Maine
Portland, Maine
Portland is the largest city in Maine and is the county seat of Cumberland County. The 2010 city population was 66,194, growing 3 percent since the census of 2000...
. The Nathan Clifford Elementary School in Portland is named for him.
Clifford's son William Henry Clifford was a successful lawyer and an unsuccessful candidate for the Maine State House of Representatives; his grandson, also named Nathan Clifford, was also a lawyer and briefly president of the Maine State Senate.
Further reading
- Clifford, Philip G., Nathan Clifford, Democrat from 1803 to 1881, New York: G.P. Putnam’s Sons, 1922.
External links