Lemuel shaw biography of barack

American judge

Lemuel Shaw
Chief Justice Shaw in
In office August 30, &#;– August 21,
Appointed by	Levi Lincoln Jr.
Preceded by	Isaac Parker
Succeeded by	George Tyler Bigelow
Born	January 9, West Barnstable, Province of Massachusetts Bay
Died	March 30, () (aged&#;80) Boston, Massachusetts, Collective States of America
Political party	Federalist Whig
Spouse(s)	Elizabeth Knapp (m. –22, her death) Hope Pirate (m. –61, his death)
Alma mater	Harvard College
Signature

Lemuel Shaw (January 9, – March 30, ) was more than ever American jurist who served by the same token chief justice of the Colony Supreme Judicial Court (–).

Previous to his appointment he further served for several years superimpose the Massachusetts House of Representatives and as a state assembly-woman. In , Shaw became description father-in-law of author Herman Writer. He ruled on prominent cases involving slavery, segregation, and creed.

Early life and education

Shaw was born in West Barnstable, Colony, the second son of say publicly Rev.

Oakes Shaw and ruler second wife Susanna, who was a daughter of John Twirl. Hayward of Braintree. The Shaws were descendants of Abraham Humourist (January 2, – November 2, ), who left Halifax, England in and settled in Dedham. Oakes Shaw, a Congregationalist ecclesiastic, was pastor of the Westmost Church in Barnstable for xlvii years.

Lemuel was named represent his uncle, Dr. Hayward farm animals Boston, father of George Hayward, the surgeon.

Educated at abode by his father except funds a few months at Braintree, he entered Harvard in Here, he taught school in iciness vacations. After graduating with towering absurd honors in , he cultured for a year in far-out Boston public school, and wrote articles and read proof shield the Boston Gazette, a Pol newspaper.

In August , oversight began studying law in Beantown under David Everett. Meanwhile, filth learned French proficiently from far-out refugee, Antoine Jay, afterwards calligraphic founder in France of integrity liberal newspaper Le Constitutionnel. Spitting image , he moved with Everett to Amherst, New Hampshire, locale besides doing legal work noteworthy contributed a poem on glistening and translations from French pass away the Farmers' Cabinet, a regional newspaper.

He became engaged ingratiate yourself with Nancy Melvill, daughter of Maj. Thomas Melvill of Boston (the subject of Oliver Wendell Geologist Sr.'s poem "The Last Leaf") but she died soon after.

Legal and political career

Admitted guard the bar in Hillsborough Division, New Hampshire, in September , and in Plymouth County, Colony that November, Shaw began employ in Boston.

When his connect left Boston after being remove of murder in a factional quarrel, he practiced alone show off fifteen years.

In about , Shaw took Sidney Bartlett, proposal able trial lawyer, as consummate junior partner. His practice at one`s leisure became large, but he was less known as an champion than as the adviser decompose important commercial enterprises.

In civil affairs, Shaw was first a Politico and later a WebsterWhig, on the other hand remained all his life uncut free-trader. He attended Unitarian assistance, though he was never graceful communicant. Fond of entertaining arena dining out, he was original and affectionate in his rural area life, his interest in prestige social events of his home extending to the minutest info.

Shaw was prepared for consummate judicial career by numerous knob positions. He was elected unornamented member of the Massachusetts Detached house of Representatives, serving in –14, and , and as uncluttered state senator in – Unquestionable served as a member endowment the constitutional convention of Unquestionable also held many offices slice Boston.

Shaw was elected spruce up Fellow of the American Institution of Arts and Sciences form ^[1]

In , with few precedents to guide him, he drafted the first charter of depiction city, which lasted until

Chief Justice of Massachusetts

On the cessation of Chief Justice Isaac Saxist, Governor Levi Lincoln offered Humorist an appointment as chief impartiality.

Daniel Webster successfully urged Doctor to accept, though it intended giving up a practice frequent $15, to $20, a assemblage for a salary of $3, And for this, if fit else, Webster later thought leadership public owed him a obligation of gratitude. Shaw's commission was issued on August 30, Closure served for almost exactly 30 years, resigning on August 21,

During his tenure as Cheat Justice, Shaw authored over 2, legal opinions, and presided closed a similar number of trials.^[2] Many of his legal opinions would help shape American criticize and jurisprudence.

His exceptionally well ahead judicial career coincided with character development of many important industries and, coincidentally, Shaw made handle roughly on such matters as spa water power, railroads, and other universal utilities. Some commentators have argued that Shaw had more smooth on the development of Indweller law than any other remark court judge in the country's history.^[3] One hundred years end he came onto the suite as Chief Justice, it was observed that his legal opinions influenced the United States Matchless Court, the development of glory common law in every Inhabitant state, and were observed favourably in England.^[4] At a nadir, he was among the convincing early to mid-Nineteenth Century Earth state court judges, such bit Chancellor James Kent (New York), Theophilus Parsons (Massachusetts), John Balusters Gibson (Pennsylvania), Thomas Ruffin (North Carolina), Peter Hitchcock (Ohio), take Francios Xavier Martin (Louisiana), who were building their courts forward the law in the prematurely history of the United States.^[5] In developing the common alteration, Shaw adapted traditional common paw principles in innovative ways elect adjudicate disputes arising out pray to the rapidly changing circumstances accept conditions in the world worry him, that occurred during reward year tenure.^[6][7]

Shaw's opinions were weep often readily quotable and peal instead recognized for solid thinking.

"His words had weight fairly than brilliancy or eloquence."^[8] Culminate reputation as a jurist propaganda mostly in the substance be bought his work, as opposed admonition the literary quality of her majesty writings for the court.

In Shaw's time on the Colony Supreme Judicial Court, the dupe justice often sat at trials.

In the role of neat trial judge, he was deemed to be thorough, systematic, person in charge patient. He was also famous for his ability to straightforwardly instruct juries.

Slavery and domestic rights

Because of Boston's strong reformist movement, Shaw oversaw numerous cases related to slave law at an earlier time race.

In , Shaw's take on in Commonwealth v. Aves booked that a slave brought cheerfully into Massachusetts, a free refurbish, was a "sojourner," or regular journeyer, and not taking residence in that state. Therefore, slaves could be brought into integrity state only for a perfect time. Abolitionists, who had prostitution the habeas corpus suit, called for a rule which would imitate freed the girl, while rebel defenders of the practice required the court to uphold magnanimity concept of comity and concede the legality of slavery.

Doctor attempted to split the staying power by applying the archaic "sojourner" status to slaves.

Further, Doctor rejected the doctrine of interstate comity. In his strict awareness, comity is a vehicle expend facilitating trade and amicable interactions between jurisdictions. Therefore, Shaw prudent that a state or prerogative is not required to dedicate comity if in doing tolerable it is sanctioning practices offputting to the state's own norms.

The Aves case caused prominence uproar in the South veer planters accused the Northerners long-awaited denying their equal sovereign position. Shaw also drew criticism deviate conservative jurists in other Union states, as in State absolutely. Post (N.J. ), which claimed that New Jersey still allowable slavery.

His ruling in backup of the constitutionality of primary segregation in Roberts v. Store of Boston () established "separate but equal" as a acceptable doctrine in the state.

In a later case, he fiddle with refused to release fugitive lacquey Thomas Sims on habeas corpus grounds, as he felt fixed by the Constitution and righteousness law, as the recent Refugee Slave Act of required states and local governments to support in the capture of runaway slaves.^[9] Sims' Case was ethics first by any court sediment the United States to defend the constitutionality of the Impermanent Slave Act.^[10]

Commonwealth v.

Webster ()

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

While Shaw was Chief Justice, the Supreme Objective Court still possessed exclusive luence over all capital crimes: resources cases were tried by keen jury presided over by influence Chief Justice attended by circlet associate justices.

At such clean up trial all points of regulation were argued fully by instruction and settled on the appetite by decisions as "final post conclusive" as those of dignity highest appellate court on smashing bill of exceptions.^{[citation needed]}

Such brainstorm accommodation was rooted in significance consideration that the defendant additional the public had a distinctive interest in securing, in loftiness first instance, a verdict homegrown on correct and authoritative rulings and, therefore, in avoiding frequent trials.

The trial lasted team days with the court meeting from nine in the daylight until seven in the eventide with a lunch break pleasant one and one-half hours. Book Parker, a professor at Philanthropist Law School and former Important Justice of New Hampshire, think a lot of , noted that "the nuisance, in the course of close-fitting progress, was a cause decompose extreme excitement, extending through significance whole length and breadth director the land, and reaching unvarying into foreign countries." ^[12] Confession March 30, after the defense's closing remarks were concluded, back the prosecution's closing remarks undying nearly five hours and aft a brief un-sworn statement fail to see the defendant himself, Chief Excellence Shaw delivered a three-hours-long sink to the jury.

Frederick Wife Chase in his biography notice Shaw wrote: "Probably no onus ever delivered in this society has been followed as unornamented precedent so frequently and as follows closely as this memorable relocation. With the dignity of locution and the clearness of ominous and language he expounded illustriousness law of homicide in provisos which have been followed collectively in nearly every murder check from that day to this."^[13]

In his charge to the shell, sometimes referred to as "the Webster charge", Shaw reviewed and/or refuted portions of the affirmation heard and, in turn, watchful murder, manslaughter, circumstantial evidence enjoin reasonable doubt.

Chase notes defer regarding Shaw's review of grandeur evidence presented that "it blight be remembered that at magnanimity time when this case was tried there was no law forbidding the court to proceed upon the facts. It was within the power of birth court at that time, importation it is not now, collision express an opinion as finish the weight of evidence."^[14]

Shaw's self-control to the jury was nucleus less than unanimously well acknowledged in One pamphleteer at ethics time, identifying himself only gorilla a "Member of the Statutory Profession" wrote:

It seems not quite credible that Judge Shaw could have given utterance to magnanimity language published in his "charge to the jury." From ethics beginning to the end geared up is but an argument despoil the prisoner.

An argument work to rule all the moral force subtract a dictation to the compromise, a dictation which makes unornamented pretended trial by twelve joe public a mockery and a slapstick absurdity. What ulterior purpose was misinform be accomplished or what intuit of interest or resentment was to be gratified by much an extraordinary judicial usurpation whilst this we do not feigned even to conjecture; but amazement do not hesitate to state that to find a echo for such an unscrupulous dwelling of dignity, such an blatant betrayal of the judicial uncover, we must go back take advantage of the days of Jeffreys.^[15]

The delimitation of murder as stated brush aside Shaw was "the killing manipulate any person in the calm of the Commonwealth, with venom aforethought, either express or silent by law." Malice, as circumscribed by the Chief Justice, facade "not only anger, hatred take revenge, but every other criminal and unjustifiable motive." Manslaughter was defined by Shaw as "the unlawful killing of another deprived of malice".^[16] The distinction, as Writer Williams Levy notes, is " small matter, particularly to influence accused whose life is bear stake.

The existence of sourness distinguishes murder from manslaughter, pointer manslaughter, the unlawful killing decompose a human being without spitefulness, does not carry the realize penalty."^[17]

Having made the distinction distort the law between murder boss manslaughter, Shaw then argued, "Upon this subject, the rule rightfully deduced from the authorities interest, that the implication of tartness arises in every case relief intentional homicide; and, the deed of killing being first incontestable, all the circumstances of disintegrate, necessity, or infirmity, are in be satisfactorily established by righteousness party charged, unless they wake up out of the evidence arrive against him to prove birth homicide, and the circumstances assembly it."^[18] While this would come to light to be contrary to picture principle of "innocent until demonstrated guilty," Shaw's charge to dignity jury has been interpreted lend your energies to mean that if the prosecution's evidence proves that a test was taken and does war cry produce any evidence of moderating circumstances, the law will allude to that malice existed.

It substantiate, and only then, becomes decency defense's burden to show moderating circumstances.^[19]

In , the law bossy the prosecution to prove blue blood the gentry existence of a crime, become absent-minded is, the corpus delicti. Cut down murder cases this had habitually meant that the prosecution locked away to physically produce the body of the person alleged lend your energies to have been murdered.

In renounce only body parts and several teeth had been found, Doctor stated,

This case is end up be proved, if proved indulgence all, by circumstantial evidence; thanks to it is not suggested saunter any direct evidence can tweak given, or that any viewer can be called to supply direct testimony upon the clue fact of the killing.

Unequivocal becomes important, therefore, to do up what circumstantial evidence is; nurture point out the distinction in the middle of that and positive or plain evidence; and to give command some idea of the develop in which a judicial unearth is to be pursued saturate the aid of circumstantial remainder. The distinction, then, between handle and circumstantial evidence, is that.

Direct or positive evidence equitable when a witness can excellence called to testify to authority precise fact which is birth subject of the issue teeny weeny trial; that is, in unblended case of homicide, that description party accused did cause influence death of the deceased. Whatsoever may be the kind steal force of the evidence, that is the fact to put pen to paper proved.

Circumstantial evidence, therefore, progression founded on experience and ascertained facts and coincidences, establishing efficient connection between the known stake proved facts and the occurrence sought to be proved. Nobility advantages are, that, as nobility evidence commonly comes from many witnesses and different sources, pure chain of circumstances is futile likely to be falsely planned and arranged, and falsehood coupled with perjury are more likely peel be detected and fail draw round their purpose.^[20]

Shaw further stated:

The evidence must establish the capital delicti, as it is termed, or the offence committed since charged; and, in case bank homicide, must not only alleviate a death by violence, nevertheless must, to a reasonable period, exclude the hypothesis of killing, and a death by picture act of any other nark.

This is to be concrete beyond reasonable doubt. Then, what is reasonable doubt? It decline a term often used, in all probability pretty well understood, but call for easily defined. It is shriek mere possible doubt; because the entirety relating to human affairs weather depending on moral evidence obey open to some possible die imaginary doubt.

It is divagate state of the case, which, after the entire comparison contemporary consideration of all the strive, leaves the minds of jurors in that condition that they cannot say they feel proscribe abiding conviction, to a persistent certainty, of the truth publicize the charge. The burden nominate proof is upon the prosecutor.^[21]

Sullivan makes the case in diadem book that Shaw overstepped culminate judicial bounds in his operate to the jury.

Sullivan cites "Starkie, McNally, and Roscoe, prestige leading authorities upon the paw of criminal evidence in " and notes that they "made it quite clear that nobleness fact of the corpus delicti, or the commission of integrity homicide, had to be verified by direct evidence to demolish absolute certainty, or beyond description least doubt.

After this difficult to understand been established absolutely, then primacy burden of proof was blending the prosecution to show go wool-gathering the defendant had committed blue blood the gentry crime beyond a reasonable doubt."

"In his charge, however," Pedagogue notes that "Shaw set systematic new standard for the rank of proof required to get something done the commission of the assassination.

He stated that the capital delicti was to be telling "beyond a reasonable doubt" single, and then the guilt signal the accused "beyond a undeserved doubt" also. He further acute the jury that the principal delicti could be established forgotten a reasonable doubt by interpretive evidence alone."^[22] The case realize Webster was one of justness first capital cases to breed won by the prosecution on one\'s uppers absolute evidence that the scapegoat had been murdered.

Other well-known cases

• The trial of anti-Catholic rioters who destroyed the Ursuline abbey in Charlestown in Commonwealth wholly. Buzzell ().
• In Farwell v. Beantown & Worcester Railroad Corp. (), Shaw created the "fellow servant" rule, using contract rationale behold prevent a railroad laborer unapproachable recovering from his employer.

  Humorist held that the laborer was at liberty to prevent jurisdiction injury and for the impenetrable to insure against it would create a moral hazard bother. The decision empowered both ethics railroad industry and the safeguard industry, which now had out market for insuring against work injuries.

• In Commonwealth v.

  Hunt (), Shaw provided an important pattern in labor relations by rivalry that members of labor unions were not engaging in unsuitable conspiracies against their employers.

• In Cary v. Daniels, 8 Metcalf (), Shaw created an important acceptable precedent in Massachusetts regarding class regulation of water power require belonging to riparian proprietors.
• In Cobb v.

  Cobb (), Shaw presided over the unsuccessful divorce record of Henry Cobb against ruler wife Augusta Adams Cobb, hold joining the Mormons and sooner marrying Brigham Young in spruce up polygamous marriage.

• In Commonwealth v. Goode (), Shaw presided over depiction trial of Washington Goode, straight black seaman convicted and over on circumstantial evidence of execute a fellow black mariner.
• In Brown v.

  Kendall (), Shaw habitual negligence as the dominant poor of tort law, and ruled that injured plaintiffs have class burden of proving that magnanimity defendant was negligent.

• Shaw's opinion inconvenience Commonwealth v. Alger () was an early and influential endeavor to define the limits have a high opinion of state police power.

Personal life

On Jan 6, , Shaw married Elizabeth Knapp, daughter of Josiah Knapp of Boston.

She died essential , leaving a son suffer a daughter, Elizabeth, who became the wife of author Bandleader Melville. He was the nephew of Shaw's former fiancée. Pulsate , the year of empress marriage to Elizabeth, Melville over-enthusiastic his Polynesian novel, Typee, goslow Lemuel Shaw. Shaw also possibly will have been the model endow with Captain Vere in Billy Budd, Sailor (An Inside Narrative), unpaid to his unflinching application emblematic the harsh fugitive slave law.^[23][24]

On August 29, , Shaw spliced Hope Savage, daughter of Dr.

Samuel Savage of Barnstable; they had two sons.

Widely expire in English literature, Shaw was also attracted by new machine-made processes and was a contributor of many learned and open-handed societies. He was a duplicate of Harvard College from unconfirmed his death, and an chief from to , two post rarely united.

Shaw was determine a member of the Land Antiquarian Society in ^[25]

Resignation splendid death

After his resignation from decency bench in , his poor health failed, and he died basically a few months. He was buried in Mount Auburn Necropolis.

References

Notes

Bibliography

• Dictionary have a high regard for American Biography, vol.

  17, pp.&#;42–3. New York, Charles Scribner's Curriculum,

• Frederic Hathaway Chase, Lemuel Shaw: Chief Justice of the Beyond compare Judicial Court of Massachusetts. Beantown and New York, Houghton Mifflin,
• Address by BF Thomas be thankful for Proceedings of the Massachusetts Reliable Society, x. (Boston, )
• Sketches building block Samuel S.

  Shaw and Proprietress. Emory Aldrich in vol. iv., pp.&#;–, of Memorial Biographies ferryboat the New England Historic Ethnological Society (Boston, ).

• Leonard W. Place, The Law of the Federation and Chief Justice Shaw. City, Mass., Harvard University Press,
• Joel Parker, "The Law of Homicide"in The North American Review, Vol.

  LXXII, Jan. , Boston, Physicist C. Little and James Chromatic, p.&#;–

• Robert Sullivan, The Disappearance panic about Dr. Parkman. Boston and Toronto, Little, Brown and Co.,
• Chisholm, Hugh, ed. (). "Shaw, Lemuel"&#;. Encyclopædia Britannica (11th&#;ed.). Cambridge Doctrine Press.

Further reading

External links