Swayne was born in Frederick County, Virginia in the uppermost reaches of the Shenandoah Valley, approximately 100 miles (160 km) northwest of Washington D.C.
[3] After his father died in 1809, Noah was educated locally until enrolling in Jacob Mendendhall's Academy in Waterford, Virginia, a respected Quaker school 1817–18.
McLean, by the end of his career, was a strong Republican, and when the party was formed in 1855 Swayne had become an early member and political organizer.
As the American Civil War began, Swayne campaigned for the vacant seat, lobbying several Ohio members of Congress for their support.
As the Oyez Project notes: "Swayne satisfied Lincoln's criteria for appointment: commitment to the Union, slavery opponent, geographically correct.
Under the guise of police and other regulations slavery would have been in effect restored, perhaps in a worse form, and the gift of freedom would have been a curse instead of a blessing to those intended to be benefited.
[11]In the Slaughterhouse Cases, 83 U.S. 36 (1873) – a pivotal decision on the meaning of Section 1 of the relatively new Fourteenth Amendment to the Constitution—Swayne dissented with justices Stephen Johnson Field and Joseph Bradley.
He was the first of President Lincoln's five appointments to the Supreme Court; the other four were: Samuel Freeman Miller and David Davis, both in 1862; Stephen Johnson Field, in 1863; and Salmon P. Chase, as chief justice, in 1864.
[14] He is most famous for his majority opinion in Springer v. United States, 102 U.S. 586 (1881), which upheld the Federal income tax imposed under the Revenue Act of 1864.
[15] In Gelpcke v. City of Dubuque, 68 U.S. 175 (1864), Swayne wrote the majority opinion, repudiating a claim that the Iowa constitution could impair legal obligations to bondholders.
Swayne remained on the court until 1881, twice lobbying unsuccessfully to be elevated to the position of chief justice (after the death of Roger Taney in 1864 and Salmon Chase in 1873).
Under pressure from President Rutherford B. Hayes, he finally agreed to retire on the condition that his friend and fellow Ohio attorney Stanley Matthews replace him.
Wager's son, named Noah Hayes Swayne after his grandfather, was president of Burns Brothers, the largest coal distributor in the U.S. when he retired in September 1932.
[19][20] A collection of Swayne's legal papers, pre-dating his service as a Justice, is housed at the Ohio Historical Society, and correspondence with him is also located at other repositories.