Knowledge (XXG)

Lemuel Shaw

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evidence is; to point out the distinction between that and positive or direct evidence; and to give you some idea of the mode in which a judicial investigation is to be pursued by the aid of circumstantial evidence. The distinction, then, between direct and circumstantial evidence, is this. Direct or positive evidence is when a witness can be called to testify to the precise fact which is the subject of the issue in trial; that is, in a case of homicide, that the party accused did cause the death of the deceased. Whatever may be the kind or force of the evidence, this is the fact to be proved. ... Circumstantial evidence, therefore, is founded on experience and observed facts and coincidences, establishing a connection between the known and proved facts and the fact sought to be proved. The advantages are, that, as the evidence commonly comes from several witnesses and different sources, a chain of circumstances is less likely to be falsely prepared and arranged, and falsehood and perjury are more likely to be detected and fail of their purpose.
392:, and presided over a similar number of trials. Many of his legal opinions would help shape American law and jurisprudence. His exceptionally long judicial career coincided with the development of many important industries and, coincidentally, Shaw made law on such matters as water power, railroads, and other public utilities. Some commentators have argued that Shaw had more influence on the development of American law than any other state court judge in the country's history. One hundred years after he came onto the court as Chief Justice, it was observed that his legal opinions influenced the United States Supreme Court, the development of the 599:
accident, necessity, or infirmity, are to be satisfactorily established by the party charged, unless they arise out of the evidence produced against him to prove the homicide, and the circumstances attending it." While this would appear to be contrary to the principle of "innocent until proven guilty," Shaw's charge to the jury has been interpreted to mean that if the prosecution's evidence proves that a life was taken and does not produce any evidence of extenuating circumstances, the law will imply that malice existed. It then, and only then, becomes the defense's burden to show extenuating circumstances.
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proved beyond reasonable doubt. Then, what is reasonable doubt? It is a term often used, probably pretty well understood, but not easily defined. It is not mere possible doubt; because everything relating to human affairs and depending on moral evidence is open to some possible or imaginary doubt. It is that state of the case, which, after the entire comparison and consideration of all the evidence, leaves the minds of jurors in that condition that they cannot say they feel an abiding conviction, to a moral certainty, of the truth of the charge. The burden of proof is upon the prosecutor.
625:"In his charge, however," Sullivan notes that "Shaw set a new standard for the degree of proof required to show the commission of the homicide. He stated that the corpus delicti was to be proved "beyond a reasonable doubt" only, and then the guilt of the accused "beyond a reasonable doubt" also. He further instructed the jury that the corpus delicti could be established beyond a reasonable doubt by circumstantial evidence alone." The case against Webster was one of the first capital cases to be won by the prosecution without absolute evidence that the victim had been murdered. 588: 33: 554:, 1838 to 1848, noted that "the trial, in the course of its progress, was a cause of extreme excitement, extending through the whole length and breadth of the land, and reaching even into foreign countries." On March 30, after the defense's closing remarks were concluded, after the prosecution's closing remarks lasting nearly five hours and after a brief un-sworn statement by the defendant himself, Chief Justice Shaw delivered a three-hours-long charge to the jury. 570:
trial by twelve men a mockery and a farce. ... What ulterior purpose was to be accomplished or what feeling of interest or resentment was to be gratified by such an extraordinary judicial usurpation as this we do not pretend even to conjecture; but we do not hesitate to declare that to find a parallel for such an unscrupulous prostitution of dignity, such an unblushing betrayal of the judicial office, we must go back to the days of Jeffreys.
323: 190: 420:(Louisiana), who were building their courts and the law in the early history of the United States. In developing the common law, Shaw adapted traditional common law principles in innovative ways to adjudicate disputes arising out of the rapidly changing circumstances and conditions in the world around him, that occurred during his 30-year tenure. 598:
Having made the distinction in the law between murder and manslaughter, Shaw then argued, "Upon this subject, the rule as deduced from the authorities is, that the implication of malice arises in every case of intentional homicide; and, the fact of killing being first proved, all the circumstances of
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In his charge to the jury, sometimes referred to as "the Webster charge", Shaw reviewed and/or refuted portions of the testimony heard and, in turn, defined murder, manslaughter, circumstantial evidence and reasonable doubt. Chase notes that regarding Shaw's review of the evidence presented that "it
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Sullivan makes the case in his book that Shaw overstepped his judicial bounds in his charge to the jury. Sullivan cites "Starkie, McNally, and Roscoe, the leading authorities upon the law of criminal evidence in 1850" and notes that they "made it quite clear that the fact of the corpus delicti, or
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was defined by Shaw as "the unlawful killing of another without malice". The distinction, as Leonard Williams Levy notes, is "..no small matter, particularly to the accused whose life is at stake. The existence of malice distinguishes murder from manslaughter, and manslaughter, the unlawful killing
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successfully urged Shaw to accept, though it meant giving up a practice of $ 15,000 to $ 20,000 a year for a salary of $ 3,500. And for this, if nothing else, Webster later thought the public owed him a debt of gratitude. Shaw's commission was issued on August 30, 1830. He served for almost exactly
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It seems scarcely credible that Judge Shaw could have given utterance to the language published in his "charge to the jury." From the beginning to the end it is but an argument against the prisoner. An argument with all the moral force of a dictation to the jury, a dictation which makes a pretended
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Frederick Hathaway Chase in his 1918 biography of Shaw wrote: "Probably no charge ever delivered in this country has been followed as a precedent so frequently and so closely as this memorable effort. With the dignity of expression and the clearness of thought and language ... he expounded the law
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In 1850, the law required the prosecution to prove the existence of a crime, that is, the corpus delicti. In murder cases this had generally meant that the prosecution had to physically produce the corpse of the person alleged to have been murdered. In that only body parts and some teeth had been
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The evidence must establish the corpus delicti, as it is termed, or the offence committed as charged; and, in case of homicide, must not only prove a death by violence, but must, to a reasonable extent, exclude the hypothesis of suicide, and a death by the act of any other person. This is to be
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This case is to be proved, if proved at all, by circumstantial evidence; because it is not suggested that any direct evidence can be given, or that any witness can be called to give direct testimony upon the main fact of the killing. It becomes important, therefore, to state what circumstantial
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While Shaw was Chief Justice, the Supreme Judicial Court still possessed exclusive jurisdiction over all capital crimes: capital cases were tried by a jury presided over by the Chief Justice attended by his associate justices. At such a trial all points of law were argued fully by counsel and
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the commission of the homicide, had to be proven by direct evidence to an absolute certainty, or beyond the least doubt. After this had been established absolutely, then the burden of proof was on the prosecution to show that the defendant had committed the crime beyond a reasonable doubt."
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Shaw's opinions were not often readily quotable and are instead recognized for solid reasoning. "His words had weight rather than brilliancy or eloquence." His reputation as a jurist lies mostly in the substance of his work, as opposed to the literary quality of his writings for the court.
462:. In his strict understanding, comity is a vehicle for facilitating trade and amicable interactions between jurisdictions. Therefore, Shaw reasoned that a state or jurisdiction is not required to honor comity if in doing so it is sanctioning practices repugnant to the state's own norms. 578:
as stated by Shaw was "the killing of any person in the peace of the Commonwealth, with malice aforethought, either express or implied by law." Malice, as defined by the Chief Justice, included "not only anger, hatred and revenge, but every other unlawful and unjustifiable motive."
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suit, wanted a rule which would have freed the girl, while southern defenders of the practice wanted the court to uphold the concept of comity and acknowledge the legality of slavery. Shaw attempted to split the decision by applying the archaic "sojourner" status to slaves.
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held that a slave brought voluntarily into Massachusetts, a free state, was a "sojourner," or a journeyer, and not taking domicile in that state. Therefore, slaves could be brought into the state only for a limited time. Abolitionists, who had brought the
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In Shaw's time on the Massachusetts Supreme Judicial Court, the chief justice often sat at trials. In the role of a trial judge, he was considered to be thorough, systematic, and patient. He was also renowned for his ability to clearly instruct juries.
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must be remembered that at the time when this case was tried there was no statute forbidding the court to charge upon the facts. It was within the power of the court at that time, as it is not now, to express an opinion as to the weight of evidence."
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Such an accommodation was rooted in the consideration that the defendant and the public had a unique interest in securing, in the first instance, a verdict based on correct and authoritative rulings and, therefore, in avoiding repeated trials.
1392: 763:, Shaw was also attracted by new mechanical processes and was a member of many learned and charitable societies. He was a fellow of Harvard College from 1834 until his death, and an overseer from 1831 to 1853, two offices rarely united. 318:
In about 1822, Shaw took Sidney Bartlett, an able trial lawyer, as his junior partner. His practice gradually became large, but he was less known as an advocate than as the adviser of important commercial enterprises.
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services, though he was never a communicant. Fond of entertaining and dining out, he was simple and affectionate in his home life, his interest in the social events of his household extending to the minutest details.
659:, using contract rationale to prevent a railroad laborer from recovering from his employer. Shaw held that the laborer was at liberty to prevent his injury and for the corporation to insure against it would create a 2474: 1385: 505:
required states and local governments to cooperate in the capture of escaped slaves. Sims' Case was the first by any court in the United States to uphold the constitutionality of the Fugitive Slave Act.
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case caused an uproar in the South where planters accused the Northerners of denying their equal sovereign status. Shaw also drew criticism from conservative jurists in other Northern states, as in
2459: 1378: 209:(1830–1860). Prior to his appointment he also served for several years in the Massachusetts House of Representatives and as a state senator. In 1847, Shaw became the father-in-law of author 256:
in 1796. There, he taught school in winter vacations. After graduating with high honors in 1800, he taught for a year in a Boston public school, and wrote articles and read proof for the
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Shaw's charge to the jury was something less than unanimously well received in 1850. One pamphleteer at the time, identifying himself only as a "Member of the Legal Profession" wrote:
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in every American state, and were observed favorably in England. At a minimum, he was among the leading early to mid-Nineteenth Century American state court judges, such as Chancellor
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On January 6, 1818, Shaw married Elizabeth Knapp, daughter of Josiah Knapp of Boston. She died in 1822, leaving a son and a daughter, Elizabeth, who became the wife of author
672:(1842), Shaw provided an important precedent in labor relations by arguing that members of labor unions were not engaging in criminal conspiracies against their employers. 315:
that November, Shaw began practice in Boston. When his associate left Boston after being acquitted of murder in a political quarrel, he practiced alone for fifteen years.
651: 2469: 679:, 8 Metcalf (1844), Shaw created an important legal precedent in Massachusetts regarding the regulation of water power rights belonging to riparian proprietors. 1261: 2434: 189: 542:
The trial lasted eleven days with the court sitting from nine in the morning until seven in the evening with a lunch break of one and one-half hours.
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problem. The decision empowered both the railroad industry and the insurance industry, which now had a market for insuring against workplace injuries.
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in 1821–22. He served as a member of the constitutional convention of 1820. He also held many offices in Boston. Shaw was elected a Fellow of the
1939: 1678: 350: 2464: 2429: 2064: 1994: 358: 1402: 1352: 206: 48: 2124: 740:. He was the nephew of Shaw's former fiancée. In 1847, the year of his marriage to Elizabeth, Melville dedicated his Polynesian novel, 2444: 2139: 1794: 1503: 308: 1778: 957: 934: 903: 437: 296: 1989: 331: 518: 2439: 2019: 1628: 1317: 312: 222: 114: 1688: 845: 686:(1847), Shaw presided over the unsuccessful divorce case of Henry Cobb against his wife Augusta Adams Cobb, for joining the 245:
minister, was pastor of the West Church in Barnstable for forty-seven years. Lemuel was named for his uncle, Dr. Hayward of
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settled on the spot by decisions as "final and conclusive" as those of the highest appellate court on a bill of exceptions.
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After his resignation from the bench in 1860, his health failed, and he died within a few months. He was buried in
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On August 29, 1827, Shaw married Hope Savage, daughter of Dr. Samuel Savage of Barnstable; they had two sons.
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In 1822, with few precedents to guide him, he drafted the first charter of the city, which lasted until 1913.
225:, the second son of the Rev. Oakes Shaw and his second wife Susanna, who was a daughter of John H. Hayward of 2369: 1899: 1743: 1466: 230: 558:
of homicide in terms which have been followed closely in nearly every murder trial from that day to this."
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of Boston (the subject of Oliver Wendell Holmes Sr.'s poem "The Last Leaf") but she died soon afterward.
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Shaw was prepared for his judicial career by numerous public positions. He was elected a member of the
1733: 291:, where besides doing legal work he contributed a poem on dancing and translations from French to the 2424: 2419: 2384: 2289: 2229: 2119: 2109: 2084: 2079: 1954: 1758: 1693: 1588: 1548: 1513: 1446: 1362: 668: 543: 445: 354: 2209: 2294: 2239: 2029: 1869: 1683: 1593: 1573: 718:
law, and ruled that injured plaintiffs have the burden of proving that the defendant was negligent.
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In August 1801, he began studying law in Boston under David Everett. Meanwhile, he learned
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Sketches by Samuel S. Shaw and P. Emory Aldrich in vol. iv., pp. 200–247, of
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Educated at home by his father except for a few months at Braintree, he entered
1325: 1472: 748: 393: 173: 2169: 2024: 1999: 213:. He ruled on prominent cases involving slavery, segregation, and religion. 856:. Villanova University Charles Widger School of Law Digital Repository: 389 876: 295:, a local newspaper. He became engaged to Nancy Melvill, daughter of Maj. 1310: 1205:
Lemuel Shaw: Chief Justice of the Supreme Judicial Court of Massachusetts
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grounds, as he felt bound by the Constitution and the law, as the recent
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indicate individuals who were offered seats on the court, but refused
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Memorial Biographies of the New England Historic Genealogical Society
1169:. New Haven and London: Yale University Press, pp. 6-7, 250-252. 982: 575: 459: 440:
movement, Shaw oversaw numerous cases related to slave law and race.
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of a human being without malice, does not carry the death penalty."
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No single case brought Shaw such criticism or such respect as the
321: 473:(N.J. 1845), which stated that New Jersey still allowed slavery. 714:(1850), Shaw established negligence as the dominant standard of 1374: 388:
During his tenure as Chief Justice, Shaw authored over 2,150
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In a later case, he again refused to release fugitive slave
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Chief justices of the Massachusetts Supreme Judicial Court
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Chief Justice of the Massachusetts Supreme Judicial Court
1292:"Sketch of the Late Chief Justice Shaw, of Massachusetts" 476:
His ruling in favor of the constitutionality of school
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Members of the Massachusetts House of Representatives
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Justice Accused: Antislavery and the Judicial Process
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Justice Accused: Antislavery and the Judicial Process
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The trial of anti-Catholic rioters who destroyed the
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Fellows of the American Academy of Arts and Sciences
1228:. Cambridge, Mass., Harvard University Press, 1957. 1833: 1777: 1612: 1409: 1212:
Proceedings of the Massachusetts Historical Society
184: 172: 162: 148: 124: 108: 103: 89: 77: 65: 46: 23: 1226:The Law of the Commonwealth and Chief Justice Shaw 950:The Law of the Commonwealth and Chief Justice Shaw 1246:Boston and Toronto, Little, Brown and Co., 1971. 923:. Massachusetts Bar Association. pp. 20–63. 652:Farwell v. Boston & Worcester Railroad Corp. 833:. The Massachusetts Bar Association. p. 9. 1207:. Boston and New York, Houghton Mifflin, 1918. 1179:American Antiquarian Society Members Directory 846:"Lemuel Shaw: America's "Greatest Magistrate"" 380:offered Shaw an appointment as chief justice. 353:, serving in 1811–14, 1820 and 1829, and as a 1386: 8: 1265:(11th ed.). Cambridge University Press. 875:Rugg, Chief Justice Arthur Prentice (1930). 2485:Members of the American Antiquarian Society 952:. Oxford University Press. pp. 22–28. 1393: 1379: 1371: 1334: 1029:Dead Certainties: Unwarranted Speculations 983:"Sims' Case, 7 Cushing (Mass.) 285 (1851)" 61:August 30, 1830 â€“ August 21, 1860 20: 249:, father of George Hayward, the surgeon. 701:(1849), Shaw presided over the trial of 385:30 years, resigning on August 21, 1860. 810:. American Academy of Arts and Sciences 805:"Book of Members, 1780–2010: Chapter S" 796: 458:Further, Shaw rejected the doctrine of 166:Elizabeth Knapp (m. 1818–22, her death) 926: 351:Massachusetts House of Representatives 2470:People from Barnstable, Massachusetts 1140:Oren, Laura E. (September 24, 2007). 359:American Academy of Arts and Sciences 7: 1403:Massachusetts Supreme Judicial Court 1196:, vol. 17, pp. 42–3. New York, 490:" as a legal doctrine in the state. 287:. In 1802, he moved with Everett to 207:Massachusetts Supreme Judicial Court 49:Massachusetts Supreme Judicial Court 898:. Simon and Schuster. p. 118. 168:Hope Savage (m. 1827–61, his death) 1031:, New York: Alfred A. Knopf, 1991. 309:Hillsborough County, New Hampshire 14: 2435:19th-century American legislators 1838:Associate justices (1780–present) 1244:The Disappearance of Dr. Parkman. 766:Shaw was elected a member of the 2480:Burials at Mount Auburn Cemetery 1357:August 30, 1830–August 21, 1860 1194:Dictionary of American Biography 529:, held in Boston in March 1850. 188: 31: 1617:Associate justices (1692–1775) 1318:New International Encyclopedia 894:Friedman, Lawrence M. (1973). 751:, Sailor (An Inside Narrative) 552:Chief Justice of New Hampshire 372:On the death of Chief Justice 368:Chief Justice of Massachusetts 330:In politics, Shaw was first a 313:Plymouth County, Massachusetts 223:West Barnstable, Massachusetts 1: 1410:Chief justices (1692–present) 933:: CS1 maint: date and year ( 273:proficiently from a refugee, 119:Province of Massachusetts Bay 2465:Massachusetts state senators 2430:19th-century American judges 1782:Associate justices (1775–80) 768:American Antiquarian Society 438:Boston's strong abolitionist 311:, in September 1804, and in 519:Parkman–Webster murder case 443:In 1836, Shaw's opinion in 2506: 503:Fugitive Slave Act of 1850 303:Legal and political career 277:, afterwards a founder in 47:19th Chief Justice of the 37:Chief Justice Shaw in 1856 2445:Massachusetts Federalists 2393: 1359: 1350: 1342: 1337: 1237:The North American Review 1214:, x. 50-79 (Boston, 1869) 1203:Frederic Hathaway Chase, 948:Levy, Leonard W. (1957). 921:The Genius of Lemuel Shaw 896:A History of American Law 844:Levy, Leonard W. (1962). 831:The Genius of Lemuel Shaw 694:in a polygamous marriage. 655:(1842), Shaw created the 483:Roberts v. City of Boston 281:of the liberal newspaper 196: 99: 54: 42: 30: 1210:Address by BF Thomas in 1103:Chase, 201 and Levy, 221 690:and eventually marrying 432:Slavery and civil rights 217:Early life and education 143:United States of America 1262:Encyclopædia Britannica 1198:Charles Scribner's Sons 644:Commonwealth v. Buzzell 527:Commonwealth v. Webster 511:Commonwealth v. Webster 307:Admitted to the bar in 237:in 1636 and settled in 2440:Harvard College alumni 1296:Cincinnati Daily Press 987:Caselaw Access Project 919:Adlow, Elijah (1962). 829:Adlow, Elijah (1962). 619: 610: 595: 572: 536: 418:Francios Xavier Martin 327: 289:Amherst, New Hampshire 1233:"The Law of Homicide" 780:Mount Auburn Cemetery 774:Resignation and death 724:Commonwealth v. Alger 699:Commonwealth v. Goode 657:"fellow servant" rule 614: 612:Shaw further stated: 605: 590: 567: 531: 325: 1779:Revolutionary period 1363:George Tyler Bigelow 1312:"Shaw, Lemuel"  1256:"Shaw, Lemuel"  989:. Harvard Law School 850:Villanova Law Review 669:Commonwealth v. Hunt 603:found, Shaw stated, 486:(1849) established " 446:Commonwealth v. Aves 95:George Tyler Bigelow 2450:Massachusetts Whigs 1835:Commonwealth period 593:William Morris Hunt 326:Portrait photograph 1283:The New York Times 761:English literature 721:Shaw's opinion in 596: 574:The definition of 548:Harvard Law School 488:separate but equal 412:(North Carolina), 402:Theophilus Parsons 328: 284:Le Constitutionnel 2407: 2406: 1614:Provincial period 1369: 1368: 1360:Succeeded by 1242:Robert Sullivan, 1224:Leonard W. Levy, 1130:Sullivan, 144-145 629:Other noted cases 546:, a professor at 460:interstate comity 404:(Massachusetts), 243:Congregationalist 221:Shaw was born in 200: 199: 2497: 1401:Justices of the 1395: 1388: 1381: 1372: 1343:Preceded by 1335: 1322: 1314: 1299: 1287: 1278:"(death notice)" 1266: 1258: 1181: 1176: 1170: 1163:Cover, Robert M. 1160: 1154: 1153: 1137: 1131: 1128: 1122: 1119: 1113: 1110: 1104: 1101: 1095: 1092: 1086: 1083: 1077: 1074: 1068: 1065: 1059: 1056: 1050: 1047: 1041: 1038: 1032: 1021: 1015: 1008:Cover, Robert M. 1005: 999: 998: 996: 994: 979: 973: 970: 964: 963: 945: 939: 938: 932: 924: 916: 910: 909: 891: 885: 884: 872: 866: 865: 863: 861: 841: 835: 834: 826: 820: 819: 817: 815: 809: 801: 711:Brown v. Kendall 703:Washington Goode 636:Ursuline convent 408:(Pennsylvania), 293:Farmers' Cabinet 241:. Oakes Shaw, a 192: 131: 104:Personal details 92: 80: 72:Levi Lincoln Jr. 68: 59: 35: 21: 2505: 2504: 2500: 2499: 2498: 2496: 2495: 2494: 2490:Herman Melville 2410: 2409: 2408: 2403: 2389: 1837: 1829: 1781: 1773: 1616: 1608: 1405: 1399: 1365: 1356: 1348: 1309: 1306: 1290: 1276: 1273: 1271:Further reading 1249: 1221:(Boston, 1885). 1185: 1184: 1177: 1173: 1161: 1157: 1139: 1138: 1134: 1129: 1125: 1120: 1116: 1111: 1107: 1102: 1098: 1093: 1089: 1084: 1080: 1075: 1071: 1066: 1062: 1057: 1053: 1048: 1044: 1039: 1035: 1022: 1018: 1006: 1002: 992: 990: 981: 980: 976: 971: 967: 960: 947: 946: 942: 925: 918: 917: 913: 906: 893: 892: 888: 874: 873: 869: 859: 857: 843: 842: 838: 828: 827: 823: 813: 811: 807: 803: 802: 798: 788: 776: 759:Widely read in 738:Herman Melville 734: 677:Cary v. Daniels 631: 515: 434: 414:Peter Hitchcock 370: 305: 219: 211:Herman Melville 179:Harvard College 167: 155: 149:Political party 133: 129: 115:West Barnstable 113: 112:January 9, 1781 90: 78: 66: 60: 55: 38: 26: 17: 12: 11: 5: 2503: 2501: 2493: 2492: 2487: 2482: 2477: 2472: 2467: 2462: 2457: 2452: 2447: 2442: 2437: 2432: 2427: 2422: 2412: 2411: 2405: 2404: 2402: 2401: 2394: 2391: 2390: 2388: 2387: 2382: 2377: 2372: 2367: 2362: 2357: 2352: 2347: 2342: 2337: 2332: 2327: 2322: 2317: 2312: 2307: 2302: 2297: 2292: 2287: 2282: 2277: 2272: 2267: 2262: 2257: 2252: 2247: 2242: 2237: 2232: 2227: 2222: 2217: 2212: 2207: 2202: 2197: 2192: 2187: 2182: 2177: 2172: 2167: 2162: 2157: 2152: 2147: 2142: 2137: 2132: 2127: 2122: 2117: 2112: 2107: 2102: 2097: 2092: 2087: 2082: 2077: 2072: 2067: 2062: 2057: 2052: 2047: 2042: 2037: 2032: 2027: 2022: 2017: 2012: 2007: 2002: 1997: 1992: 1987: 1982: 1977: 1972: 1967: 1962: 1957: 1952: 1947: 1942: 1937: 1932: 1927: 1922: 1917: 1912: 1907: 1902: 1897: 1892: 1887: 1882: 1877: 1872: 1867: 1862: 1857: 1852: 1847: 1841: 1839: 1831: 1830: 1828: 1827: 1822: 1817: 1812: 1805: 1798: 1791: 1785: 1783: 1775: 1774: 1772: 1771: 1766: 1761: 1756: 1751: 1746: 1741: 1736: 1734:J. Cushing Jr. 1731: 1726: 1721: 1719:Stephen Sewall 1716: 1711: 1706: 1701: 1699:J. Cushing Sr. 1696: 1691: 1686: 1681: 1676: 1671: 1666: 1661: 1656: 1651: 1646: 1641: 1636: 1631: 1626: 1620: 1618: 1610: 1609: 1607: 1606: 1601: 1596: 1591: 1586: 1581: 1576: 1571: 1566: 1561: 1556: 1551: 1546: 1541: 1536: 1531: 1526: 1521: 1516: 1511: 1506: 1501: 1496: 1491: 1486: 1481: 1476: 1469: 1464: 1459: 1454: 1452:Stephen Sewall 1449: 1444: 1439: 1434: 1429: 1424: 1419: 1413: 1411: 1407: 1406: 1400: 1398: 1397: 1390: 1383: 1375: 1367: 1366: 1361: 1358: 1349: 1344: 1340: 1339: 1338:Legal offices 1333: 1332: 1323: 1305: 1304:External links 1302: 1301: 1300: 1288: 1272: 1269: 1268: 1267: 1253:, ed. (1911). 1251:Chisholm, Hugh 1247: 1240: 1229: 1222: 1215: 1208: 1201: 1183: 1182: 1171: 1155: 1132: 1123: 1114: 1105: 1096: 1087: 1078: 1069: 1060: 1051: 1042: 1033: 1016: 1000: 974: 965: 958: 940: 911: 904: 886: 867: 836: 821: 795: 794: 787: 784: 775: 772: 733: 730: 729: 728: 719: 706: 695: 680: 673: 664: 647: 630: 627: 514: 508: 433: 430: 406:John B. Gibson 390:legal opinions 382:Daniel Webster 369: 366: 304: 301: 297:Thomas Melvill 259:Boston Gazette 218: 215: 198: 197: 194: 193: 186: 182: 181: 176: 170: 169: 164: 160: 159: 150: 146: 145: 132:(aged 80) 128:March 30, 1861 126: 122: 121: 110: 106: 105: 101: 100: 97: 96: 93: 87: 86: 81: 75: 74: 69: 63: 62: 52: 51: 44: 43: 40: 39: 36: 28: 27: 24: 16:American judge 15: 13: 10: 9: 6: 4: 3: 2: 2502: 2491: 2488: 2486: 2483: 2481: 2478: 2476: 2473: 2471: 2468: 2466: 2463: 2461: 2458: 2456: 2453: 2451: 2448: 2446: 2443: 2441: 2438: 2436: 2433: 2431: 2428: 2426: 2423: 2421: 2418: 2417: 2415: 2399: 2396: 2395: 2392: 2386: 2383: 2381: 2378: 2376: 2373: 2371: 2368: 2366: 2363: 2361: 2358: 2356: 2353: 2351: 2348: 2346: 2343: 2341: 2338: 2336: 2333: 2331: 2328: 2326: 2323: 2321: 2318: 2316: 2313: 2311: 2308: 2306: 2303: 2301: 2298: 2296: 2293: 2291: 2288: 2286: 2283: 2281: 2278: 2276: 2273: 2271: 2268: 2266: 2263: 2261: 2258: 2256: 2253: 2251: 2248: 2246: 2243: 2241: 2238: 2236: 2233: 2231: 2228: 2226: 2223: 2221: 2220:Jacob Spiegel 2218: 2216: 2213: 2211: 2208: 2206: 2203: 2201: 2198: 2196: 2193: 2191: 2188: 2186: 2183: 2181: 2178: 2176: 2173: 2171: 2168: 2166: 2163: 2161: 2158: 2156: 2153: 2151: 2148: 2146: 2143: 2141: 2138: 2136: 2133: 2131: 2128: 2126: 2123: 2121: 2118: 2116: 2113: 2111: 2108: 2106: 2103: 2101: 2098: 2096: 2093: 2091: 2088: 2086: 2083: 2081: 2078: 2076: 2073: 2071: 2068: 2066: 2063: 2061: 2058: 2056: 2053: 2051: 2048: 2046: 2043: 2041: 2038: 2036: 2033: 2031: 2028: 2026: 2023: 2021: 2018: 2016: 2013: 2011: 2010:M. Morton Jr. 2008: 2006: 2003: 2001: 1998: 1996: 1993: 1991: 1988: 1986: 1983: 1981: 1978: 1976: 1973: 1971: 1968: 1966: 1963: 1961: 1958: 1956: 1953: 1951: 1948: 1946: 1943: 1941: 1938: 1936: 1933: 1931: 1930:M. Morton Sr. 1928: 1926: 1923: 1921: 1918: 1916: 1913: 1911: 1908: 1906: 1903: 1901: 1898: 1896: 1893: 1891: 1888: 1886: 1883: 1881: 1878: 1876: 1873: 1871: 1868: 1866: 1863: 1861: 1858: 1856: 1853: 1851: 1848: 1846: 1843: 1842: 1840: 1836: 1832: 1826: 1823: 1821: 1818: 1816: 1813: 1811: 1810: 1806: 1804: 1803: 1799: 1797: 1796: 1792: 1790: 1787: 1786: 1784: 1780: 1776: 1770: 1767: 1765: 1762: 1760: 1757: 1755: 1754:F. Hutchinson 1752: 1750: 1747: 1745: 1742: 1740: 1737: 1735: 1732: 1730: 1727: 1725: 1722: 1720: 1717: 1715: 1712: 1710: 1707: 1705: 1702: 1700: 1697: 1695: 1692: 1690: 1687: 1685: 1682: 1680: 1677: 1675: 1672: 1670: 1667: 1665: 1662: 1660: 1657: 1655: 1652: 1650: 1647: 1645: 1642: 1640: 1637: 1635: 1634:Samuel Sewall 1632: 1630: 1627: 1625: 1622: 1621: 1619: 1615: 1611: 1605: 1602: 1600: 1597: 1595: 1592: 1590: 1587: 1585: 1582: 1580: 1577: 1575: 1572: 1570: 1567: 1565: 1562: 1560: 1557: 1555: 1552: 1550: 1547: 1545: 1542: 1540: 1537: 1535: 1532: 1530: 1527: 1525: 1522: 1520: 1517: 1515: 1512: 1510: 1507: 1505: 1502: 1500: 1497: 1495: 1492: 1490: 1487: 1485: 1482: 1480: 1477: 1475: 1474: 1470: 1468: 1465: 1463: 1460: 1458: 1457:T. Hutchinson 1455: 1453: 1450: 1448: 1445: 1443: 1440: 1438: 1437:Samuel Sewall 1435: 1433: 1430: 1428: 1425: 1423: 1420: 1418: 1415: 1414: 1412: 1408: 1404: 1396: 1391: 1389: 1384: 1382: 1377: 1376: 1373: 1364: 1355: 1354: 1347: 1341: 1336: 1331: 1327: 1324: 1320: 1319: 1313: 1308: 1307: 1303: 1297: 1293: 1289: 1285: 1284: 1279: 1275: 1274: 1270: 1264: 1263: 1257: 1252: 1248: 1245: 1241: 1238: 1234: 1231:Joel Parker, 1230: 1227: 1223: 1220: 1216: 1213: 1209: 1206: 1202: 1199: 1195: 1192: 1191: 1190: 1189: 1180: 1175: 1172: 1168: 1164: 1159: 1156: 1151: 1147: 1143: 1136: 1133: 1127: 1124: 1118: 1115: 1109: 1106: 1100: 1097: 1091: 1088: 1082: 1079: 1073: 1070: 1067:Sullivan, 143 1064: 1061: 1055: 1052: 1046: 1043: 1037: 1034: 1030: 1026: 1025:Schama, Simon 1020: 1017: 1013: 1009: 1004: 1001: 988: 984: 978: 975: 969: 966: 961: 959:0-19-504865-2 955: 951: 944: 941: 936: 930: 922: 915: 912: 907: 905:0-671-21742-9 901: 897: 890: 887: 882: 878: 871: 868: 855: 851: 847: 840: 837: 832: 825: 822: 806: 800: 797: 793: 792: 785: 783: 781: 773: 771: 769: 764: 762: 757: 754: 752: 750: 745: 744: 739: 732:Personal life 731: 726: 725: 720: 717: 713: 712: 707: 704: 700: 696: 693: 692:Brigham Young 689: 685: 681: 678: 674: 671: 670: 665: 662: 658: 654: 653: 648: 645: 641: 637: 633: 632: 628: 626: 623: 618: 613: 609: 604: 600: 594: 589: 585: 582: 577: 571: 566: 563: 559: 555: 553: 549: 545: 540: 535: 530: 528: 524: 520: 512: 509: 507: 504: 500: 499:habeas corpus 496: 491: 489: 485: 484: 479: 474: 472: 471:State v. Post 468: 463: 461: 456: 453: 452:habeas corpus 448: 447: 441: 439: 431: 429: 425: 421: 419: 415: 411: 410:Thomas Ruffin 407: 403: 399: 395: 391: 386: 383: 379: 375: 367: 365: 362: 360: 356: 355:state senator 352: 347: 344: 340: 337: 333: 324: 320: 316: 314: 310: 302: 300: 298: 294: 290: 286: 285: 280: 276: 272: 267: 265: 261: 260: 255: 250: 248: 244: 240: 236: 232: 228: 224: 216: 214: 212: 208: 204: 195: 191: 187: 183: 180: 177: 175: 171: 165: 161: 158: 154: 151: 147: 144: 140: 139:Massachusetts 136: 127: 123: 120: 116: 111: 107: 102: 98: 94: 88: 85: 82: 76: 73: 70: 64: 58: 53: 50: 45: 41: 34: 29: 22: 19: 2397: 1807: 1800: 1793: 1508: 1471: 1351: 1346:Isaac Parker 1330:Find a Grave 1316: 1295: 1281: 1260: 1243: 1236: 1232: 1225: 1218: 1211: 1204: 1193: 1188:Bibliography 1187: 1186: 1174: 1166: 1158: 1135: 1126: 1117: 1108: 1099: 1090: 1081: 1072: 1063: 1054: 1045: 1036: 1028: 1019: 1011: 1003: 991:. Retrieved 986: 977: 968: 949: 943: 920: 914: 895: 889: 880: 870: 858:. Retrieved 853: 849: 839: 830: 824: 814:September 9, 812:. Retrieved 799: 790: 789: 777: 765: 758: 755: 747: 741: 735: 722: 715: 709: 698: 684:Cobb v. Cobb 683: 676: 667: 661:moral hazard 650: 643: 624: 620: 615: 611: 606: 601: 597: 591:Portrait by 581:Manslaughter 573: 568: 564: 560: 556: 541: 537: 532: 526: 522: 516: 510: 498: 492: 481: 475: 470: 466: 464: 457: 444: 442: 435: 426: 422: 416:(Ohio), and 400:(New York), 387: 378:Levi Lincoln 374:Isaac Parker 371: 363: 348: 334:and later a 329: 317: 306: 292: 282: 268: 257: 251: 220: 202: 201: 130:(1861-03-30) 91:Succeeded by 84:Isaac Parker 67:Appointed by 56: 18: 2425:1861 deaths 2420:1781 births 2375:Georges Jr. 1709:Saltonstall 1326:Lemuel Shaw 1040:Parker, 179 993:December 4, 860:December 4, 640:Charlestown 550:and former 544:Joel Parker 495:Thomas Sims 478:segregation 436:Because of 376:, Governor 275:Antoine Jay 266:newspaper. 203:Lemuel Shaw 79:Preceded by 25:Lemuel Shaw 2414:Categories 2385:Wolohojian 2250:H. Wilkins 2205:Whittemore 2190:R. Wilkins 1960:C. Cushing 1855:N. Cushing 1764:W. Cushing 1749:Trowbridge 1584:H. Wilkins 1564:R. Wilkins 1121:Bemis, 470 1112:Bemis, 463 1094:Bemis, 457 1076:Bemis, 456 1058:Chase, 205 1049:Chase, 200 972:Chase, 278 786:References 749:Billy Budd 398:James Kent 394:common law 332:Federalist 264:Federalist 174:Alma mater 153:Federalist 2370:Wendlandt 2240:Hennessey 2145:Sanderson 2075:J. Morton 1825:D. Sewall 1729:Lynde Jr. 1704:Remington 1684:Davenport 1674:Lynde Sr. 1574:Hennessey 1462:Lynde Jr. 1442:Lynde Sr. 1427:Addington 1417:Stoughton 1085:Levy, 221 929:cite book 770:in 1855. 361:in 1823. 343:Unitarian 227:Braintree 185:Signature 163:Spouse(s) 57:In office 2320:Botsford 2290:Marshall 2275:O'Connor 2235:Braucher 2200:Counihan 2195:Williams 2185:Spalding 2150:F. Field 2115:DeCourcy 2070:Knowlton 2050:C. Allen 2045:W. Field 2035:W. Allen 2020:Endicott 1940:Fletcher 1920:C. Dewey 1905:D. Dewey 1890:Sedgwick 1885:Thatcher 1870:Bradbury 1820:Sullivan 1664:Leverett 1659:Hathorne 1639:Winthrop 1629:Richards 1624:Danforth 1589:Marshall 1554:F. Field 1544:Knowlton 1534:W. Field 1432:Winthrop 1422:Winthrop 1165:(1975). 1010:(1975). 881:Mass.gov 2398:Italics 2345:Gaziano 2295:Ireland 2280:Greaney 2230:Quirico 2225:Reardon 2155:Donahue 2130:Carroll 2105:Sheldon 2090:Hammond 2085:Lathrop 2065:Gardner 2055:Colburn 1980:Chapman 1965:Merrick 1955:Bigelow 1950:Metcalf 1935:Hubbard 1925:Lincoln 1900:Jackson 1789:Sargent 1739:Russell 1724:Hubbard 1594:Ireland 1519:Chapman 1514:Bigelow 1494:Parsons 1484:Sargent 1479:Cushing 1321:. 1905. 1200:, 1935. 1150:1016403 688:Mormons 646:(1834). 336:Webster 254:Harvard 235:England 231:Halifax 2365:Kafker 2360:Cypher 2330:Duffly 2310:Sosman 2260:Abrams 2255:Liacos 2245:Kaplan 2210:Cutter 2160:Lummus 2135:Jenney 2125:Pierce 2120:Crosby 2100:Braley 2095:Loring 2080:Barker 2060:Holmes 2040:Devens 2015:Devens 1995:Foster 1970:Thomas 1945:Forbes 1910:Putnam 1895:Parker 1880:Strong 1875:Sewall 1845:Sumner 1815:Foster 1809:Warren 1744:Oliver 1714:Graves 1694:Dudley 1689:Quincy 1679:Thomas 1669:Curwin 1654:Saffin 1649:Walley 1579:Liacos 1539:Holmes 1529:Morton 1504:Parker 1499:Sewall 1467:Oliver 1447:Dudley 1148:  956:  902:  576:murder 513:(1850) 279:France 271:French 247:Boston 239:Dedham 135:Boston 2380:Dewar 2340:Hines 2325:Gants 2315:Cordy 2305:Spina 2300:Cowin 2285:Fried 2270:Nolan 2265:Lynch 2180:Ronan 2175:Dolan 2030:Soule 2005:Wells 1915:Wilde 1865:Dawes 1860:Paine 1802:Paine 1769:Brown 1759:Ropes 1644:Cooke 1599:Gants 1569:Tauro 1473:Adams 808:(PDF) 791:Notes 743:Typee 2355:Budd 2350:Lowy 2335:Lenk 2215:Kirk 2140:Wait 2110:Rugg 2025:Lord 2000:Ames 1990:Colt 1985:Gray 1975:Hoar 1850:Dana 1795:Reed 1604:Budd 1549:Rugg 1524:Gray 1509:Shaw 1489:Dana 1146:SSRN 1023:See 995:2020 954:ISBN 935:link 900:ISBN 862:2020 816:2016 716:tort 523:i.e. 467:Aves 465:The 339:Whig 262:, a 157:Whig 125:Died 109:Born 2170:Cox 2165:Qua 1559:Qua 1328:at 1235:in 708:In 697:In 682:In 675:In 666:In 649:In 642:in 638:in 497:on 480:in 2416:: 1315:. 1294:. 1280:. 1259:. 1144:. 1027:, 985:. 931:}} 927:{{ 879:. 852:. 848:. 782:. 525:, 521:, 233:, 141:, 137:, 117:, 1394:e 1387:t 1380:v 1152:. 997:. 962:. 937:) 908:. 883:. 864:. 854:7 818:.

Index


Massachusetts Supreme Judicial Court
Levi Lincoln Jr.
Isaac Parker
West Barnstable
Province of Massachusetts Bay
Boston
Massachusetts
United States of America
Federalist
Whig
Alma mater
Harvard College

Massachusetts Supreme Judicial Court
Herman Melville
West Barnstable, Massachusetts
Braintree
Halifax
England
Dedham
Congregationalist
Boston
Harvard
Boston Gazette
Federalist
French
Antoine Jay
France
Le Constitutionnel

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