|Birth: ||1794, Jamaica|
|Death: ||Jul. 23, 1889|
New Jersey, USA
His sister Mary was the great-grandmother of Juliette Gordon Low , the founder of the Girl Scouts of the USA . In 1831, he sold his home to William Washington Gordon, Juliette's grandfather. This home is now called the Juliette Gordon Low birthplace.
WAYNE, James Moore, a Representative from Georgia; born in Savannah, Ga., in 1790; completed preparatory studies and was graduated from Princeton College in 1808; studied law in New Haven, Conn.; was admitted to the bar in 1810 and commenced practice in Savannah, Ga.; entered the military service during the War of 1812, and served as an officer in the Georgia Hussars; member of the State house of representatives in 1815 and 1816; mayor of Savannah 1817-1819; judge of the court of common pleas and oyer and terminer of Savannah 1820-1822; judge of the superior court of Savannah from 1822 to 1828; elected as a Jacksonian to the Twenty-first, Twenty-second, and Twenty-third Congresses and served from March 4, 1829, to January 13, 1835, when he resigned to accept a judicial position; chairman, Committee on Foreign Affairs (Twenty-third Congress); had been reelected to the Twenty-fourth Congress; appointed as an Associate Justice of the Supreme Court of the United States and served from January 14, 1835, until his death in Washington, D.C., on July 5, 1867; interment in Laurel Grove Cemetery, Savannah, Chatham County, Ga.
Rare Book, Manuscript, and Special Collections Library
Papers: 1834-1842, 3 items.
Correspondence consisting of a letter from James Moore Wayne to Dr. Raymond Harris concerning sickness in his "Negro camp," legal affairs, and states' rights; a personal letter of Wayne's nephew Clifford; and a letter from Hugh Swinton Legaré inquiring about the location of some invoices used in the case of Wood v. U.S.
Georgia Historical Society
Papers: 1848-1863, 1 folder.
This collection contains 13 items of correspondence and miscellaneous papers of James Moore Wayne, dating 1848-1863. Subjects covered include the Mexican War and subsequent treaty, the Dred Scott court case, the presidential election of 1861, and various legal matters. The collection is arranged chronologically.
b. Savannah , Ga., 1790; d. Washington, D.C., 7 July 1867; interred Laurel Grove Cemetery, Savannah), associate justice, 1835–1867. James Moore Wayne was the son of Richard Wayne and Elizabeth Clifford, members of Georgia 's aristocracy. Educated in the northeast, he was a local politician with a national perspective, and a slaveholder who during the Civil War supported the cause of union.
Wayne graduated from the College of New Jersey, later Princeton University, in 1808. He studied law in Connecticut under Judge Charles Chauncey of New Haven, and in 1810 returned to Georgia where he was admitted to the bar and entered private practice a year later.
Though he saw no action, Wayne interrupted his legal career to serve as a captain with a Georgia militia unit during the War of 1812. After the war, he reentered private practice and embarked upon a peripatetic political career. Between 1815 and 1819, Wayne served as a member of the legislature, a member of Savannah's Board of Aldermen , and then mayor. In 1819 the state legislature elected him judge of the Savannah Court of Common Pleas, which handled misdemeanors and small civil claims. In 1822 Wayne became a judge of the superior court, the trial court of general jurisdiction. In 1828 he was elected to the U.S. House of Representatives. A loyal supporter of President Andrew Jackson , Wayne was reelected three times. When Associate Justice William Johnson of South Carolina died in 1834, President Jackson rewarded Wayne's loyalty with Johnson 's seat.
Justice Wayne's particular expertise was admiralty , and in this area he adopted an expansive view of federal power. In Waring v. Clarke (1847), for example, he ruled that the federal admiralty power extended to sea waters flowing by tide or otherwise into ports and rivers.
In Commerce Clause cases, Justice Wayne tracked a course mindful of the states' police powers but nonetheless jealous of federal power. In City of New York v. Miln (1837), Wayne concurred in a decision forcing ship captains to report on and to post bond for immigrant passengers who might become public charges. Wayne concurred without opinion in the License Cases (1847), involving taxes levied upon ship captains for each immigrant carried, but in the Passenger Cases (1849), he delivered a concurring opinion that the commerce power was vested exclusively in Congress. In Cooley v. Board of Wardens (1852), involving a local pilotage law, Wayne restated his view of the exclusivity of federal power over interstate and foreign commerce and dissented from Justice Benjamin R. *Curtis's formula recognizing state power to regulate those aspects of commerce that were essentially local and not demanding of national uniformity.
As a southerner and slaveholder, Justice Wayne regularly ruled in favor of slave interests (see Slavery). Consistent with his vision of the supremacy and the expansiveness of federal power, in Ableman v. Booth (1859), Wayne was part of a unanimous Court that turned back Wisconsin 's effort to interpose the power of its state courts between a federal court and those arrested for violations of the federal Fugitive Slave Act. Similarly, in Prigg v. Pennsylvania v-pennsylvania> (1842), Wayne concurred that federal power regarding the subject of fugitive slaves was exclusive.
It was in Scott v. Sandford (1857) that the conflict between Justice Wayne's view of the expansiveness of federal power over slavery and his desire to conserve the institution came to judicial fruition. The only justice to concur in Chief Justice Roger B. Taney's opinion, Justice Wayne agreed foursquare with the position that under the Due Process Clause of the Fifth Amendment, Congress had no power to prohibit the introduction of slavery into the territories, nor to declare as free those slaves brought into the territories (see Due Process, Substantive ).
Unlike many other southern federal officeholders, including Justice John A. Campbell of Alabama , Justice Wayne did not resign to join the South during the Civil War. The Confederacy branded him a traitor and confiscated his property in Georgia. Wayne voted to uphold President Abraham Lincoln's declaration of a naval blockade of Southern ports during the war, in the Prize Cases (1863), but after the war, he voted in Cummings v. Missouri (1867) and Ex parte Garland (1867) to strike down the test oaths.
Alexander A. Lawrence, James Moore Wayne, Southern Unionist (1943)
James Moore Wayne
Birthplace: Savannah, GA
Died: 5-Jul 1867
Location of death: Washington, DC
Cause of death: unspecified
Remains: Buried, Laurel Grove Cemetery, Savannah, GA
Race or Ethnicity: White
Sexual orientation: Straight
Occupation: Judge , Politician
Nationality: United States
Executive summary: US Supreme Court Justice, 1835-67
Military service: US Army (Georgia Hussars)
Father: Richard Wayne
Mother: Elizabeth Clifford
Wife: Mary Johnston Campbell (m. 1813, three children)
1818-21 Built Regency home in Savannah House now known as the Wayne-Gordon House.
Alexander Campbell (1763 - 1796)
Mehitable Hetty Hylton Campbell (1773 - 1833)
James Moore Wayne (1790 - 1867)
Henry C. Wayne (1810 - 1883)*
Mary Campbell Wayne Cuyler (1818 - 1885)*
Laurel Grove Cemetery (North)
Created by: Carolyn Whitaker
Record added: Sep 30, 2012
Find A Grave Memorial# 98001396
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