Howell E. Jackson

Jackson was born in Paris, Tennessee, on April 8, 1832. His parents, natives of Virginia, moved to Tennessee in 1827. A Whig, Alexander later served in the Tennessee legislature and as mayor of Jackson, Tennessee. and began practicing law in the town of Jackson. The firm was successful, and it provided Jackson with experience in corporate litigation. Judge West H. Humphreys appointed Jackson to enforce Confederate sequestration law in western Tennessee, placing him in charge of confiscating and selling the property of Union loyalists. Extant newspaper accounts show Jackson auctioned off a wide variety of property, including almonds, pickles, chairs, alcohol, tobacco and dried peaches. The firm was successful, arguing numerous cases before the Memphis courts. A Redeemer, he was against Reconstruction-era policies and efforts toward racial equality. After his first wife died in 1873, he returned to the town of Jackson, where he started a law practice with General Alexander W. Campbell. Their firm litigated many cases involving property and criminal law. Jackson was well regarded as a lawyer: he sat as a judge on the local courts and served as a law professor at Southwestern Baptist University (now Union University). == Service in state government ==

Jackson practiced law in Jackson until 1880. In 1875, however, he was appointed a judge of the temporary Court of Arbitration for Western Tennessee, which heard cases stemming from the large backlog created by the Civil War. When that court was dissolved, Jackson sought the Democratic nomination for a seat on the Tennessee Supreme Court, running against incumbent Thomas J. Freeman. He was given the chairmanship of the committee on public grounds and buildings, but his prompt elevation to the U.S. Senate prevented him from making any substantial impact in that position. The most urgent task before the legislature during Jackson's tenure was the election of a U.S. Senator. The Speaker of the House, a Maynard loyalist, followed suit, arguing that Jackson was the best choice among the Democrats. After a special election, he was succeeded later in the month by Hugh C. Anderson, who represented the district composed of Haywood, Hardeman, and Madison counties in the previous legislative session. ==Senate tenure==

Jackson took his seat in the Senate on March 4, 1881. In the Senate, Jackson advocated for civil service reform and for the creation of the Interstate Commerce Commission. Jackson became a friend of President Grover Cleveland, whose tariff policies he supported. He also established a friendly relationship with his colleague Benjamin Harrison, whom he was seated next to on the Senate floor. Jackson held a reputation for being a hard-working and committed legislator. ==Circuit judge==

The 1886 death of Tennessee federal judge John Baxter created a vacancy for President Cleveland to fill on the circuit court for the Sixth Circuit. Cleveland asked his friend Jackson, who was still serving in the Senate, to recommend potential replacements, but the President ignored his advice and instead offered the seat to him. The ruling in Greene rejected a Sherman Act indictment against whiskey producers on the basis that the defendants were not preventing other firms from entering the whiskey market. Jackson's narrow interpretation of the Act set the stage for later consequential antitrust cases, including United States v. E. C. Knight Co. (1895), and it continued to influence interstate commerce law for half a century. In other cases, Jackson took a broader view of constitutional provisions. His 1893 ruling in United States v. Patrick interpreted the Civil Rights Act of 1870 expansively. The defendants in Patrick, who were residents of Tennessee, had been charged with killing several federal officers while they were searching for an illegal still. A lower federal court threw out the indictments, holding the officers were not exercising any legally protected civil right while they were carrying out their duties. Jackson rejected these arguments. In his view, federal officers have a constitutionally protected right "of accepting the public employment, and engaging in the administration of its functions". On that basis, Jackson concluded the prosecution under the Civil Rights Act could go forward since the officers' civil rights had been violated. Some Southerners denounced the ruling, objecting that it expanded the scope of an already loathed law. Jackson's decision also showed that his stances were sufficiently moderate to coalesce with the Republican agenda. == Supreme Court nomination ==

On January 23, 1893, Supreme Court Justice Lucius Q. C. Lamar died. Wishing to return the favor, the Republican Brown suggested that the Democratic Jackson would be an ideal candidate for Harrison to select. Harrison agreed to nominate Jackson, doing so on February 2. Jackson's nomination was held up initially in committee, but senators unanimously confirmed their ex-colleague on February 18. Most had expected some objections on the floor, and a contemporaneous New York Times report noted that many were left "wondering...what became of the opposition". Professor Richard D. Friedman concludes their acquiescence was understandable: Democrats "could not very well vote against one of their own", while "Republicans, after initial disgruntlement, understood the logic of Harrison's move." Chief Justice Melville Fuller swore in Jackson on the morning of March 4, just hours before administering the presidential oath to Harrison's successor. ==Supreme Court service==

Jackson's brief tenure on the Supreme Court lasted from March 4, 1893 until his death on August 8, 1895. According to the plaintiff, the law imposed a direct tax without apportioning it among the states, in violation of a provision of the Constitution. Jackson was ill, but the eight remaining justices heard the case. They struck down certain other provisions of the act but split 4–4 on the constitutionality of the income tax. While this suggestion continues to have its adherents, His tenure on the Supreme Court had lasted for less than two and a half years. == Personal life ==

Jackson married Sophie Malloy, a Memphis banker's daughter, in 1859. They had six children (two of whom died during infancy) before her death in 1873. When Harding died in 1886, the two Jackson brothers and their wives inherited the Belle Meade Plantation, where thoroughbred horses were raised. Howell's role was minimal, and he sold his stake in the horses to his brother in 1890. He was a devout Christian, serving as an elder of the First Presbyterian Church of Nashville. His hobbies included hunting foxes and watching horse races. == Legacy ==

Jackson's impact on history was minimal, due in no small part to the brevity of his Supreme Court tenure. His participation in Pollock, however, prevented him from being entirely covered with what Schiffman called the "shroud of anonymity". ==See also==