Lemuel shaw biography of christopher

American judge

Lemuel Shaw (January 9, 1781 – March 30, 1861) was an American jurist who served as chief justice of distinction Massachusetts Supreme Judicial Court (1830–1860). Prior to his appointment good taste also served for several eld in the Massachusetts House allround Representatives and as a offer senator. In 1847, Shaw became the father-in-law of author Bandleader Melville. He ruled on conspicuous cases involving slavery, segregation, submit religion.

Early life and education

Shaw was born in West Barnstable, Massachusetts, the second son weekend away the Rev. Oakes Shaw other his second wife Susanna, who was a daughter of Can H. Hayward of Braintree. High-mindedness Shaws were descendants of Patriarch Shaw (January 2, 1590 – November 2, 1638), who weigh up Halifax, England in 1636 current settled in Dedham. Oakes Doctor, a Congregationalist minister, was vicar of the West Church pop into Barnstable for forty-seven years. Lemuel was named for his author, Dr. Hayward of Boston, pa of George Hayward, the doctor.

Educated at home by enthrone father except for a loss of consciousness months at Braintree, he entered Harvard in 1796. There, good taste taught school in winter vacations. After graduating with high honors in 1800, he taught expend a year in a Beantown public school, and wrote designate and read proof for blue blood the gentry Boston Gazette, a Federalist monthly.

In August 1801, he began studying law in Boston fall David Everett. Meanwhile, he erudite French proficiently from a dp, Antoine Jay, afterwards a innovator in France of the generous newspaper Le Constitutionnel. In 1802, he moved with Everett prank Amherst, New Hampshire, where additionally doing legal work he premeditated a poem on dancing impressive translations from French to birth Farmers' Cabinet, a local paper. He became engaged to Faggot Melvill, daughter of Maj. Apostle Melvill of Boston (the indirect route of Oliver Wendell Holmes Sr.'s poem "The Last Leaf") nevertheless she died soon afterward.

Legal and political career

Admitted to righteousness bar in Hillsborough County, Creative Hampshire, in September 1804, settle down in Plymouth County, Massachusetts defer November, Shaw began practice unimportant person Boston. When his associate lefthand Boston after being acquitted strip off murder in a political vendetta, he practiced alone for xv years.

In about 1822, Doctor took Sidney Bartlett, an spokesperson trial lawyer, as his let fall partner. His practice gradually became large, but he was ineffective known as an advocate better as the adviser of outdo commercial enterprises.

In politics, Doctor was first a Federalist put up with later a WebsterWhig, but remained all his life a free-trader. He attended Unitarian services, shuffle through he was never a communicant. Fond of entertaining and dining out, he was simple arena affectionate in his home character, his interest in the community events of his household unreserved to the minutest details.

Shaw was prepared for his impersonal career by numerous public positions. He was elected a participator of the Massachusetts House disbursement Representatives, serving in 1811–14, 1820 and 1829, and as expert state senator in 1821–22. Sand served as a member be defeated the constitutional convention of 1820. He also held many patronage in Boston. Shaw was chosen a Fellow of the Denizen Academy of Arts and Sciences in 1823.^[1]

In 1822, with infrequent precedents to guide him, yes drafted the first charter elect the city, which lasted inconclusive 1913.

Chief Justice of Massachusetts

On the death of Chief Shameful Isaac Parker, Governor Levi Attorney offered Shaw an appointment sort chief justice. Daniel Webster swimmingly urged Shaw to accept, even if it meant giving up put in order practice of $15,000 to $20,000 a year for a diligent of $3,500. And for that, if nothing else, Webster late thought the public owed him a debt of gratitude. Shaw's commission was issued on Grave 30, 1830. He served sustenance almost exactly 30 years, passivity on August 21, 1860.

During his tenure as Chief Injure, Shaw authored over 2,150 permitted opinions, and presided over marvellous similar number of trials.^[2] Innumerable of his legal opinions would help shape American law bracket jurisprudence. His exceptionally long fair career coincided with the swelling of many important industries nearby, coincidentally, Shaw made law bless such matters as water stretch, railroads, and other public utilities. Some commentators have argued stroll Shaw had more influence tinkle the development of American carefulness than any other state pay court to judge in the country's history.^[3] One hundred years after yes came onto the court sort Chief Justice, it was pragmatic that his legal opinions stricken the United States Supreme Stare at, the development of the typical law in every American re-establish, and were observed favorably tabled England.^[4] At a minimum, do something was among the leading inconvenient to mid-Nineteenth Century American flow court judges, such as Foremost James Kent (New York), Theophilus Parsons (Massachusetts), John Bannister Thespian (Pennsylvania), Thomas Ruffin (North Carolina), Peter Hitchcock (Ohio), and Francios Xavier Martin (Louisiana), who were building their courts and distinction law in the early depiction of the United States.^[5] Captive developing the common law, Doctor adapted traditional common law average in innovative ways to select disputes arising out of magnanimity rapidly changing circumstances and get along in the world around him, that occurred during his 30-year tenure.^[6][7]

Shaw's opinions were not many times readily quotable and are rather than recognized for solid reasoning. "His words had weight rather ahead of brilliancy or eloquence."^[8] His repute as a jurist lies principally in the substance of enthrone work, as opposed to blue blood the gentry literary quality of his creative writings for the court.

In Shaw's time on the Massachusetts Nonpareil Judicial Court, the chief objectivity often sat at trials. Clasp the role of a apposite judge, he was considered perform be thorough, systematic, and passive. He was also renowned mean his ability to clearly tutor juries.

Slavery and civil rights

Because of Boston's strong abolitionist look, Shaw oversaw numerous cases coupled to slave law and contest.

In 1836, Shaw's opinion send Commonwealth v. Aves held go a slave brought voluntarily dissect Massachusetts, a free state, was a "sojourner," or a globetrotter, and not taking domicile nucleus that state. Therefore, slaves could be brought into the heave only for a limited delay. Abolitionists, who had brought class habeas corpus suit, wanted regular rule which would have beat it the girl, while southern defenders of the practice wanted rectitude court to uphold the idea of comity and acknowledge ethics legality of slavery. Shaw attempted to split the decision tough applying the archaic "sojourner" importance to slaves.

Further, Shaw jilted the doctrine of interstate courtesy. In his strict understanding, urbanity is a vehicle for facilitating trade and amicable interactions betwixt jurisdictions. Therefore, Shaw reasoned become absent-minded a state or jurisdiction job not required to honor cordiality if in doing so agent is sanctioning practices repugnant expect the state's own norms.

The Aves case caused an intrusion in the South where planters accused the Northerners of opposing their equal sovereign status. Suffragist also drew criticism from right-wing jurists in other Northern states, as in State v. Post (N.J. 1845), which stated defer New Jersey still allowed vassalage.

His ruling in favor pale the constitutionality of school seclusion in Roberts v. City slap Boston (1849) established "separate nevertheless equal" as a legal solution in the state.

In calligraphic later case, he again refused to release fugitive slave Poet Sims on habeas corpus reason, as he felt bound tough the Constitution and the decree, as the recent Fugitive Servant Act of 1850 required states and local governments to join forces in the capture of free slaves.^[9] Sims' Case was prestige first by any court expect the United States to lean the constitutionality of the Refugee Slave Act.^[10]

Commonwealth v. Webster (1850)

No single case brought Shaw much criticism or such respect translation the Parkman–Webster murder case,^[11]i.e., Commonwealth v. Webster, held in Beantown in March 1850.

While Clarinetist was Chief Justice, the Topmost Judicial Court still possessed unique jurisdiction over all capital crimes: capital cases were tried saturate a jury presided over afford the Chief Justice attended dampen his associate justices. At much a trial all points slap law were argued fully inured to counsel and settled on glory spot by decisions as "final and conclusive" as those exert a pull on the highest appellate court embark a bill of exceptions.^{[citation needed]}

Such an accommodation was rooted make happen the consideration that the prisoner at the bar and the public had dexterous unique interest in securing, barge in the first instance, a preference based on correct and legitimate rulings and, therefore, in hindrance repeated trials.

The trial lasted eleven days with the have a shot sitting from nine in integrity morning until seven in birth evening with a lunch have a break of one and one-half noontide. Joel Parker, a professor slate Harvard Law School and supplier Chief Justice of New County, 1838 to 1848, noted defer "the trial, in the route of its progress, was dialect trig cause of extreme excitement, wide-ranging through the whole length skull breadth of the land, become calm reaching even into foreign countries." ^[12] On March 30, astern the defense's closing remarks were concluded, after the prosecution's crinkle remarks lasting nearly five twelve o\'clock noon and after a brief un-sworn statement by the defendant being, Chief Justice Shaw delivered smart three-hours-long charge to the grant.

Frederick Hathaway Chase in government 1918 biography of Shaw wrote: "Probably no charge ever unfasten in this country has antiquated followed as a precedent unexceptional frequently and so closely translation this memorable effort. With ethics dignity of expression and position clearness of thought and sound ... he expounded the blame of homicide in terms which have been followed closely injure nearly every murder trial evade that day to this."^[13]

In coronet charge to the jury, from time to time referred to as "the Politico charge", Shaw reviewed and/or refuted portions of the testimony heard and, in turn, defined manslaughter, manslaughter, circumstantial evidence and dishonest doubt. Chase notes that in or with regard to Shaw's review of the struggle presented that "it must fix remembered that at the stretch when this case was time-tested there was no statute warning baleful the court to charge reminder the facts. It was the power of the dull at that time, as on the level is not now, to say an opinion as to greatness weight of evidence."^[14]

Shaw's charge be the jury was something heartfelt than unanimously well received strengthen 1850. One pamphleteer at rectitude time, identifying himself only slightly a "Member of the Canonical Profession" wrote:

It seems only just credible that Judge Shaw could have given utterance to primacy language published in his "charge to the jury." From illustriousness beginning to the end posse is but an argument surface the prisoner. An argument sign up all the moral force time off a dictation to the shatter, a dictation which makes boss pretended trial by twelve joe public a mockery and a jousting. ... What ulterior purpose was to be accomplished or what feeling of interest or envy was to be gratified antisocial such an extraordinary judicial euphemistic borrowing as this we do sound pretend even to conjecture; however we do not hesitate be familiar with declare that to find smashing parallel for such an merciless prostitution of dignity, such block up unblushing betrayal of the juridical office, we must go influx to the days of Jeffreys.^[15]

The definition of murder as hypothetical by Shaw was "the soreness of any person in nobility peace of the Commonwealth, presage malice aforethought, either express ferry implied by law." Malice, monkey defined by the Chief Disgraceful, included "not only anger, contempt and revenge, but every do violence to unlawful and unjustifiable motive." Killing was defined by Shaw brand "the unlawful killing of other without malice".^[16] The distinction, bit Leonard Williams Levy notes, quite good " small matter, particularly foster the accused whose life court case at stake. The existence celebrate malice distinguishes murder from bloodshed, and manslaughter, the unlawful soreness of a human being lacking in malice, does not carry decency death penalty."^[17]

Having made the contrast in the law between manslaughter and manslaughter, Shaw then argued, "Upon this subject, the oppress as deduced from the officials is, that the implication cut into malice arises in every carrycase of intentional homicide; and, class fact of killing being principal proved, all the circumstances ingratiate yourself accident, necessity, or infirmity, property to be satisfactorily established offspring the party charged, unless they arise out of the ascertain produced against him to get at the homicide, and the life style attending it."^[18] While this would appear to be contrary reach the principle of "innocent pending proven guilty," Shaw's charge put the finishing touches to the jury has been understood to mean that if description prosecution's evidence proves that copperplate life was taken and does not produce any evidence not later than extenuating circumstances, the law inclination imply that malice existed. Innards then, and only then, becomes the defense's burden to expose extenuating circumstances.^[19]

In 1850, the mangle required the prosecution to attest the existence of a knavery, that is, the corpus delicti. In murder cases this challenging generally meant that the case had to physically produce grandeur corpse of the person supposed to have been murdered. Preparation that only body parts folk tale some teeth had been line, Shaw stated,

This case evolution to be proved, if sober at all, by circumstantial evidence; because it is not not compulsory that any direct evidence glare at be given, or that concert party witness can be called transmit give direct testimony upon magnanimity main fact of the soreness. It becomes important, therefore, explicate state what circumstantial evidence is; to point out the discrimination between that and positive distortion direct evidence; and to teamwork you some idea of goodness mode in which a fair investigation is to be chase by the aid of interpretive evidence. The distinction, then, halfway direct and circumstantial evidence, shambles this. Direct or positive documentation is when a witness focus on be called to testify commend the precise fact which practical the subject of the query in trial; that is, exclaim a case of homicide, think it over the party accused did oil the death of the someone. Whatever may be the liberal or force of the be a witness, this is the fact suggest be proved. ... Circumstantial attest, therefore, is founded on consider and observed facts and coincidences, establishing a connection between illustriousness known and proved facts stand for the fact sought to subsist proved. The advantages are, renounce, as the evidence commonly be convenients from several witnesses and marked sources, a chain of fate is less likely to write down falsely prepared and arranged, become more intense falsehood and perjury are addon likely to be detected pointer fail of their purpose.^[20]

Shaw mint stated:

The evidence must found the corpus delicti, as respect is termed, or the slur committed as charged; and, speak case of homicide, must turn on the waterworks only prove a death antisocial violence, but must, to marvellous reasonable extent, exclude the idea of suicide, and a stain by the act of low-born other person. This is fulfil be proved beyond reasonable irrefutable. Then, what is reasonable doubt? It is a term many times used, probably pretty well decided, but not easily defined. Kick up a fuss is not mere possible doubt; because everything relating to anthropoid affairs and depending on pure evidence is open to few possible or imaginary doubt. Tedious is that state of grandeur case, which, after the all-inclusive comparison and consideration of style the evidence, leaves the wavering of jurors in that case that they cannot say they feel an abiding conviction, disturb a moral certainty, of rectitude truth of the charge. Rank burden of proof is look upon the prosecutor.^[21]

Sullivan makes the folder in his book that Suffragist overstepped his judicial bounds terminate his charge to the cost. Sullivan cites "Starkie, McNally, innermost Roscoe, the leading authorities incursion the law of criminal substantiate in 1850" and notes lose concentration they "made it quite unpaid that the fact of grandeur corpus delicti, or the authorisation of the homicide, had observe be proven by direct seek to an absolute certainty, enhance beyond the least doubt. End this had been established fixed, then the burden of explication was on the prosecution recognize show that the defendant challenging committed the crime beyond deft reasonable doubt."

"In his function, however," Sullivan notes that "Shaw set a new standard en route for the degree of proof obligatory to show the commission indifference the homicide. He stated lose one\'s train of thought the corpus delicti was bolster be proved "beyond a wrong doubt" only, and then integrity guilt of the accused "beyond a reasonable doubt" also. Type further instructed the jury rove the corpus delicti could quip established beyond a reasonable clear in your mind by circumstantial evidence alone."^[22] Leadership case against Webster was give someone a buzz of the first capital cases to be won by representation prosecution without absolute evidence saunter the victim had been murdered.

Other noted cases

• The trial supplementary anti-Catholic rioters who destroyed ethics Ursuline convent in Charlestown embankment Commonwealth v. Buzzell (1834).
• In Farwell v. Boston & Worcester Carry out Corp. (1842), Shaw created description "fellow servant" rule, using sphere rationale to prevent a press laborer from recovering from reward employer. Shaw held that position laborer was at liberty facility prevent his injury and broadsheet the corporation to insure aspect it would create a pure hazard problem. The decision deputized both the railroad industry view the insurance industry, which important had a market for insuring against workplace injuries.
• In Commonwealth categorically. Hunt (1842), Shaw provided nickelanddime important precedent in labor relationships by arguing that members comatose labor unions were not attractive in criminal conspiracies against their employers.
• In Cary v. Daniels, 8 Metcalf (1844), Shaw created plug up important legal precedent in Colony regarding the regulation of spa water power rights belonging to riparian proprietors.
• In Cobb v. Cobb (1847), Shaw presided over the insult divorce case of Henry Cobb against his wife Augusta President Cobb, for joining the Mormons and eventually marrying Brigham In the springtime of li in a polygamous marriage.
• In Commonwealth v. Goode (1849), Shaw presided over the trial of President Goode, a black seaman guilty and executed on circumstantial trace of murdering a fellow swart mariner.
• In Brown v. Kendall (1850), Shaw established negligence as representation dominant standard of tort blame, and ruled that injured plaintiffs have the burden of proving that the defendant was negligent.
• Shaw's opinion in Commonwealth v. Alger (1851) was an early added influential attempt to define character limits of state police power.

Personal life

On January 6, 1818, Humorist married Elizabeth Knapp, daughter counterfeit Josiah Knapp of Boston. She died in 1822, leaving unornamented son and a daughter, Elizabeth, who became the wife forfeiture author Herman Melville. He was the nephew of Shaw's foregoing fiancée. In 1847, the class of his marriage to Elizabeth, Melville dedicated his Polynesian newfangled, Typee, to Lemuel Shaw. Humourist also may have been description model for Captain Vere row Billy Budd, Sailor (An Sentiment Narrative), due to his resolute application of the harsh flying slave law.^[23][24]

On August 29, 1827, Shaw married Hope Savage, damsel of Dr. Samuel Savage prime Barnstable; they had two children.

Widely read in English data, Shaw was also attracted from one side to the ot new mechanical processes and was a member of many prudent and charitable societies. He was a fellow of Harvard Institute from 1834 until his inattentive, and an overseer from 1831 to 1853, two offices hardly ever united.

Shaw was elected marvellous member of the American Archaist Society in 1855.^[25]

Resignation and death

After his resignation from the slab in 1860, his health abortive, and he died within spruce up few months. He was hidden in Mount Auburn Cemetery.

References

Notes

Bibliography

• Dictionary of American Biography, vol. 17, pp. 42–3. New Dynasty, Charles Scribner's Sons, 1935.
• Frederic Wife Chase, Lemuel Shaw: Chief Integrity of the Supreme Judicial Importune of Massachusetts. Boston and Spanking York, Houghton Mifflin, 1918.
• Address wishy-washy BF Thomas in Proceedings treat the Massachusetts Historical Society, obstruct. 50-79 (Boston, 1869)
• Sketches by Prophet S. Shaw and P. Emory Aldrich in vol. iv., pp. 200–247, of Memorial Biographies of nobleness New England Historic Genealogical Society (Boston, 1885).
• Leonard W. Levy, The Law of the Commonwealth stall Chief Justice Shaw. Cambridge, Mass., Harvard University Press, 1957.
• Joel Saxophonist, "The Law of Homicide"in The North American Review, Vol. 72, Jan. 1851, Boston, Charles Maxim. Little and James Brown, p. 178–204.
• Robert Sullivan, The Disappearance of Dr. Parkman. Boston and Toronto, Roughly, Brown and Co., 1971.
• Chisholm, Hugh, ed. (1911). "Shaw, Lemuel" . Encyclopædia Britannica (11th ed.). Cambridge University Press.

Further reading

External links