US Jud Davis, David - U.S. Associate Justice

David Davis

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Born: March 9, 1815

Birthplace: Cecil County, Maryland

Father: Dr. David Davis 1787 – 1814
(Buried: Saint Stephens Episcopal Cemetery, Earleville, Maryland)

Mother: Ann Betts 1796 – 1851
(Buried: Harmony Cemetery, Otsego, New York)

Wife: Sarah Woodruff Walker 1814 – 1879
(Buried: Evergreen Memorial Cemetery, Bloomington, Illinois)

Married: October 30, 1838 in Lenox, Massachusetts

Children:


George Perrin Davis 1842 – 1917​
(Buried: Evergreen Memorial Cemetery Bloomington Illinois)​
Mercer Davis 1845 – 1846​
(Buried: Evergreen Memorial Cemetery, Bloomington, Illinois)​
Lucy Adam Davis 1850 – 1850​
(Buried: Evergreen Memorial Cemetery, Bloomington, Illinois)
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Sarah Worthington Davis Lillard 1852 – 1934​
(Buried: Evergreen Memorial Cemetery, Bloomington, Illinois)​
Frances Mary Davis 1857 – 1857​
(Buried: Evergreen Memorial Cemetery, Bloomington, Illinois)​

Political Party:

Before – 1854: Member of Whig Political Party
1854 – 1870: Member of Republican Political Party
1870 – 1872: Member of Liberal Republican Political Party
1872 – 1886: Member of Independent Political Party

Education:

1832: Graduated from Kenyon College​
Attended New Haven Law School​

Occupation before War:

1835 – 1836: Attorney in Pekin, Illinois​
1836 – 1848: Attorney in Bloomington, Illinois​
1844 – 1846: Illinois State Representative​
1847: Delegate to Illinois State Constitutional Convention
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1848 – 1862: Judge of Eighth Circuit Court of Illinois​
1860: Illinois Delegate to Republican Party National Convention​

Civil War Career:

1862 – 1877: Associate Justice of United States Supreme Court​

Occupation after War:

1866: Author of Decision in Case of Ex Parte Milligan
1870: Sided with the minority in Case of Hepburn V. Griswold
1872: Received Labor Reform Party Presidential Nomination.​
1872: Unsuccessful Candidate Liberal Party Presidential Nomination.​
1872: Withdrew from President Election due to not receiving Liberal Republican Party Nomination.​
1872: Received one of Greeley’s electoral votes in Electoral College.
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1877: Resigned from United States Supreme Court to enter Senate.​
1877 – 1883: United States Senator from Illinois​
1877 – 1879: Member of Senate Pensions Committee​
1881 – 1883: President Pro Tempore of United States Senate​
1882: Choose not to be a candidate for reelection to U.S. Senate.​

Died: June 26, 1886

Place of Death: Bloomington, Illinois

Age at time of Death: 71 years old

Burial Place: Evergreen Memorial Cemetery, Bloomington, Illinois
 
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David Davis:
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1870: Sided with the minority in Case of Hepburn V. Griswold
Hepburn v. Griswold was the Legal Tender case where the Chase led SCOTUS ruled by a 4-3 decision on January 18, 1870 that United States currency was unconstitutional and the notes were not legal tender. Chief Justice Chase and Associate Justices Nelson, Clifford and Field were the majority with Associate Justices Swayne, Miller and Davis dissenting.

During March 1870, President Grant appointed two more Justices to the bench, Bradley and Strong. Following their appointment and seating, another Legal Tender case made its way before the SCOTUS known as Knox v. Lee. The case was based on a lower court ruling involving the confiscation of the Mrs. Lee's sheep by Mr. Knox which in turn he had sold to the Confederate government. Mr. Knox filed suit in regards to the verdict and part of the suit was to review the Legal Tender Act. In Knox v. Lee, by a 5-4 decision the court overturned Hepburn v. Griswold by pointing out that the Constitution only prohibits the states from making anything but gold and silver coin as tender in payments -- not the federal government -- and that Congress has power under the Constitution's necessary and proper clause to make laws necessary to run the government. Justice Strong, who authored the majority opinion of the court wrote "And here, it is to be observed, it is not indispensable to the existence of any power claimed for the federal government that it can be found specified in the words of the Constitution, or clearly and directly traceable to someone of the specified powers. Its existence may be deduced fairly from more than one of the substantive powers expressly defined, or from them all combined. It is allowable to group together any number of them and infer from them all that the power claimed has been conferred. Such a treatment of the Constitution is recognized by its own provisions."

"It was at such a time and in such circumstances that Congress was called upon to devise means for maintaining the army and navy, for securing the large supplies of money needed, and, indeed, for the preservation of the government created by the Constitution. It was at such a time and in such an emergency that the legal tender acts were passed."
 
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