Elijah Hise Norton

Elijah Hise Norton (November 21, 1821 – August 6, 1914) was a U.S. Congressman from Missouri during the United States Civil War, a prominent jurist, and a leading figure in Missouri’s constitutional development in the nineteenth century. He was born in Russellville, Logan County, Kentucky, on November 21, 1821. Raised in Kentucky, he attended the public schools and later studied at Centre College in Danville, Kentucky, receiving a classical education that prepared him for the study of law.

Norton pursued legal training at the law department of Transylvania University in Lexington, Kentucky, one of the leading law schools in the region at the time. He graduated in 1842 and was admitted to the bar shortly thereafter. In 1845 he moved west to Missouri, settling in Platte City, where he commenced the practice of law. His legal ability and growing reputation in the community led to his appointment as county attorney in 1850, marking his entry into public service and local politics.

Norton’s judicial career began when he was elected judge of the circuit court of Missouri, a position he held from 1852 to 1860. During these years he presided over a broad range of civil and criminal matters at a time when Missouri was undergoing rapid growth and increasing political tension over the issue of slavery and the future of the Union. His experience on the bench deepened his knowledge of constitutional and statutory law and helped establish him as one of the state’s leading legal minds.

As the secession crisis intensified, Norton emerged as an outspoken Unionist voice in Missouri. He was elected a member of the Missouri Constitutional Convention of 1861, convened to determine the state’s course in the national conflict. At the convention he voted against Missouri’s secession from the Union, firmly opposing any formal withdrawal. At the same time, he believed that the use of armed force to compel the seceding Southern states to remain in the Union would be unwise and destructive. He maintained that “it would be better for all concerned to let the seceding states depart in peace,” a position that reflected both his Unionist sentiment and his reluctance to endorse civil war as a means of preserving the Union.

Norton was elected as a Democrat to the Thirty-seventh Congress, serving one term from March 4, 1861, to March 3, 1863, representing Missouri during one of the most critical periods in American history. As a member of the Democratic Party representing Missouri, he contributed to the legislative process during his single term in office, participating in debates over war powers, civil liberties, and the conduct of the Civil War. His stance in Congress mirrored his earlier views: although opposed to secession, he was critical of waging war against the Confederacy and favored a more conciliatory approach to resolving the national crisis. He was an unsuccessful candidate for reelection in 1862 to the Thirty-eighth Congress, and his congressional service concluded at the end of his term.

After leaving Congress, Norton returned to Missouri and resumed his legal and public activities. He continued to be influential in state affairs and was chosen as a delegate to the Missouri constitutional convention of 1875. At this convention he played a central role and was recognized as one of the primary authors of the Missouri Constitution of 1875. Owing to his major influence over its provisions and his extensive knowledge of constitutional law, the document was sometimes informally referred to as “Norton’s Constitution.” The 1875 constitution would govern Missouri for many decades and was a lasting testament to his legal and political philosophy.

Norton’s prominence in constitutional matters and his long judicial experience led to his elevation to the state’s highest court. He was appointed and then elected as a judge of the Supreme Court of Missouri, serving from 1877 to 1888. During his tenure on the Supreme Court he participated in decisions that shaped Missouri jurisprudence in areas such as property, contracts, and civil procedure, and he was widely regarded as a careful, learned, and conservative jurist. His service on the court further solidified his reputation as one of Missouri’s foremost legal authorities.

Following the conclusion of his judicial term in 1888, Norton was urged by supporters to seek higher office, including the governorship of Missouri and a seat in the United States Senate. He declined these entreaties, choosing instead to retire from public office. He returned to Platte City, where he resumed the private practice of law and devoted himself to the management and care of his estate. In his later years he remained a respected elder statesman of the Missouri bar and a figure of considerable local influence.

Norton was also active in religious and fraternal life. He was a devout Baptist, participating in the life of his church and community. He was a long-standing member of the Masonic fraternity, and at the time of his death he was recognized as the oldest living Freemason in the United States, a distinction that reflected both his longevity and his early and continuous involvement in the order. Elijah Hise Norton died in Platte City, Missouri, on August 6, 1914. He was interred in Platte City Cemetery. His family legacy continued into subsequent generations; among his descendants was his great-grandson William Harrison Norton.