|
LEMUEL SHAW, LL. D.,
Boston, for thirty years chief justice of
the Massachusetts Supreme Judicial Court,
was the son of Rev. Oaks and Susannah
(Hayward) Shaw, and was born in
Barnstable, Mass., Jan. 9, 1781. His
grandfather, Rev. John Shaw, the
minister of Bridgewater, educated four sons
at Harvard College, all of whom became
Congregational ministers. His father,
Rev. Oaks Shaw, was born in
Bridgewater, Mass., June 10, 1736, was
ordained over the First Church (West Parish)
in Barnstable on Oct. 1, 1760, and continued
in that pastorate until his death, Feb. 11,
1807; his wife, Susannah, was a
sister of Dr. Lemuel Hayward, a
leading physician of Boston, from whom the
son was named. She was born in
Braintree, Mass., and was a woman of
vigorous mental and physical powers, and
died in 1836, aged ninety-four.
Lemuel Shaw was fitted for college by his father
and by Rev. William Salisbury, of
Braintree, and in 1796 entered the freshman
class at Harvard, where he was graduated in
1800. In order to pay his expenses
through college he taught school winters,
and after graduating he was for one year an
usher in the old Franklin (Brimmer) Grammar
School in Boston under Dr. Asa Bullard,
principal. He also contributed to the
Boston Gazette, then a leading Federal
organ, acting for a time as its assistant
editor. Late in the year 1800 he began
the study of law in the office of David
Everett, lawyer, author and scholar,
who soon removed from Boston to Amherst, N.
H., where Mr. Shaw, having
followed him, completed his legal studies,
being admitted to the New Hampshire bar at
Hopkinton in September, 1801. In
October of the same year he was admitted to
the bar of Massachusetts, and at once
settled in Boston, having an office in the
Old State House with Thomas O. Selfridge.
His progress was slow, but sure. The first case
in which his name appears in the Reports is
Young vs. Adams, 6 Mass., 162 (1810),
which involved $5. He continued in
active practice for twenty-six years,
studying not only the law, but also English
classics and general literature, and
mastering the English tongue. He was
also prominent in local affairs, serving as
fire warden, school committeeman, Fourth of
July orator, and selectman. He
represented the town of Boston in the
General Court from 1811 to 1815 inclusive,
was a member of the Massachusetts
Constitutional Convention of 1820, served as
State senator in 1821-22 and 1828-29, and
wrote the act incorporating the city of
Boston with the exception of the sections
relating to public theatres and exhibitions
and the Police Court, which were drafted by
William Sullivan. This
charter and plan of city government, devised
by him as chair man of the joint committee
while a member of the Senate, was well done
and eminently successful in practical
operation. While in the House he and
Prof. Asahel Stearns,
of Cambridge, were appointed a commission to
publish a new and revised edition of the
General Laws of the Commonwealth, which was
in exclusive use from 1820 to the general
revision of the statutes in 1836. He
was an ardent Federalist, and a strong
supporter of his party from the first of the
century until its dissolution. After
practicing law alone for sixteen years he
admitted his law student, Sidney
Bartlett, to partnership, under the
style of Shaw & Bartlett.
On the 23d of August, 1830, Governor Lincoln
appointed him chief justice of the Supreme
Judicial Court of Massachusetts to succeed
Chief Justice Isaac Parker,
deceased, and he continued in that exalter
office for thirty years, resigning Aug/ 31,
1860, on account of old age and feeble
health. He died in Boston on Mar. 30,
1861.
Judge Shaw held the chief justiceship
longer than any other man in the history of
his Commonwealth, and to say that he filled
it with the highest honor and distinction is
only just to his memory. He was a good
nisi prius? judge, careful, thorough
and systematic. His charges to the
jury were invariably simple and clear.
He brought to the hearing in bane the same
patience, the same desire to be instructed.
He was a man of great firmness, and had the
highest sense of natural justice and equity.
Two of his famous opinions are contained in
Farwell vs. Boston and Worcester Railroad
Co., 4 Metcalf 49 ( 1841 ), and in Jones
vs. Robbins, 8 Gray, 329 (1857).
An example of his wonderful vitality and
vigor to the end may be found in his
decision in the case of the Commonwealth vs.
Temple, 14 Gray, 69, which was written in
his eightieth year. His
decisions, beginning with 9 Pickering and
including 16 Gray, make about one-third of
the fifty seven volumes of the Massachusetts
Reports issued while he was chief justice.
The following extract from the writing of
the late Judge Benjamin F. Thomas
shows how Lemuel Shaw was
induced to become chief justice:
"Daniel Webster used to give a pleasant account
of this conference. He found the
future chief justice smoking his evening
cigar. Mr. Webster could not
join him. It was a weakness of this
otherwise notable man, that he could not
smoke. So Mr. Webster talked
while Mr. Shaw smoked. Mr.
Webster made a regular onslaught upon
him. Conceding the personal and
pecuniary sacrifice, he pressed upon him,
with the greater earnestness, the public
want and demand, the dignity and importance
of the office, and the opportunity it
presented of winning an honored name, by
valuable and enduring service to the State.
Mr. Shaw was silent, showing, as
Mr. Webster put it, the impression made
upon him only by the intensity with which he
smoked. Mr. Webster could get
no more at the first interview than the
promise not to say No before he saw him
again. At a second interview, with the
aid of his own reflections and the urgency
of leading members of the bar and his own
appeal, Mr. Webster got a reluctant
assent. Mr. Webster used to add
that, however the balance might be as to his
efforts (so he thought) had secured for the
State, for thirty years, so able, upright,
and excellent a chief justice. It is
not difficult to believe that the earnest
counsel and pressure of Mr. Webster,
fresh from the field of the great debate -
in which he had shown himself the first of
living orators, and for which the heart of
New England so clave to him - should have
had large, even decisive upon the judgment
and will of his friend. Be this as it
may, it speaks none the less for the chief
justice, that the greatest of New England
statesmen should have felt it added to his
laurels, and to his claims upon the
consideration of the people of
Massachusetts, that he had aided in
obtaining for her the services of such a
magistrate."
One of Judge Shaw's contemporaries records the
following tribute to his memory:
"With a firm trust in God, with a constant sense of His
presence, looking to Him for guidance and
support, nothing could move him from the
path of duty. He stood in his place,
and the billows broke at his feet. As
man and as judge, he stood the severest
test, the closet scrutiny. The nearer
you got to him the more thoroughly you knew
him - the greater wiser, better man and
magistrate he appeared to you. Great
on the bench and in the books, it was in the
consultation room that you first understood
of his resources."
Judge Shaw was a member of the Board of
Overseers of Harvard College for twelve
years and of the Corporation of Harvard for
twenty-seven years, and a member of the
Massachusetts Historical Society, of the
Boston Library Society, of the Humane
Society, of the Academy of Arts and
Sciences, and of the Society for the
Propagation of the Gospel among the Indians
of North America. He received the
degree of LL. D. from Harvard in 1831 and
from Brown University in 1850, and was a
strong anti-slavery advocate and an
occasional contributor to the press.
He was married, first, Jan. 6, 1818, to Elizabeth,
daughter of Josiah Knapp, of Boston,
by whom he had a son and a daughter.
In August, 1827, he married, second, Hope
Savage, daughter of Dr. Samuel Savage,
of Barnstable, Mass.; they had two sons,
Lemuel and Samuel S., both of whom
became members of the Boston bar, being
admitted in 1852 and 1856 respectively. |