Jeremiah S. Black
Jeremiah S. Black was an influential American lawyer and politician, born in the early 19th century. He was admitted to the bar in 1830 and served as president judge of the court of common pleas in Pennsylvania by 1842. Black's judicial career progressed when he was elected to the Pennsylvania Supreme Court in 1851 and later appointed chief justice. In 1857, he became the attorney general under President James Buchanan, where he engaged in significant legal battles, including those concerning California land titles and the enforcement of fugitive slave laws. His legal expertise also led him to advise President Buchanan on presidential powers in times of rebellion.
Black was nominated to the U.S. Supreme Court by Buchanan in early 1861, though his nomination was narrowly defeated. Later, he served as a reporter for the Supreme Court, producing important legal reports from 1861 to 1864. His involvement in landmark cases such as Ex parte Milligan and Ex parte McCardle reflected his strong stance against government overreach and support for civil rights during the turbulent Reconstruction era. Black's career highlights the complexities of legal and political life during a pivotal time in American history.
Subject Terms
Jeremiah S. Black
Nominated by: James Buchanan
Significance: Although Black was a respected judge, his nomination to the Supreme Court was rejected, possibly because of political reasons. He also served as Court reporter and argued cases before the Court.
Black was admitted to the bar in 1830 and appointed president judge of the court of common pleas of Pennsylvania in 1842. He was elected to that state’s supreme court in 1851 and chosen chief justice. In 1857 he was appointed attorney general by President James Buchanan. As attorney general, Black prosecuted cases involving California land titles that led to the reversal of district court decisions by the Supreme Court, enforced slave trade and fugitive slave laws, and in an official opinion, advised Buchanan on the powers of the president in suppressing rebellion. He became secretary of state on December 17, 1860, three days before South Carolina seceded.


Buchanan nominated Black, a Democrat, to the Court on February 5, 1861, less than a month before the inauguration of Abraham Lincoln. Although Black was known as an able and competent jurist, having twice been elected to Pennsylvania’s supreme court, the nomination failed by one vote, twenty-five to twenty-six, on February 21, 1861.
Black was appointed reporter to the Supreme Court in December, 1861, and prepared two volumes of reports during his three years of service. Later, as an able member of the Supreme Court bar, he participated in the landmark decisions of Ex parte Milligan (1866) and Ex parte McCardle (1869), opposing the government’s violations of civil rights and the Reconstruction Acts.