COLLECTION GUIDES

1648-1923

Guide to the Microfilm Edition


Collection Summary

Abstract

This collection consists of the papers of lawyer, congressman, and chief justice of the Massachusetts Supreme Judicial Court Lemuel Shaw. Included are Lemuel Shaw papers at the Massachusetts Historical Society and the Social Law Library of Boston.

Biographical Sketch

Lemuel Shaw was born in Barnstable, Mass., on January 9, 1781, the son of Rev. Oakes Shaw and Susanna Hayward Shaw. He graduated Phi Beta Kappa from Harvard in 1800, taught for a year at South Reading School in Boston, and, in the fall of 1801, entered the law office of David Everett. In 1804, he was admitted to the bar of Hillsborough County, N.H., and the bar of the Court of Common Pleas, Plymouth County, Mass. He opened a private practice in Boston in 1805 and joined the office of Thomas A. Selfridge later that year.

Shaw took a strongly Federalist position in politics and made several speeches in support of the candidacy of Christopher Gore for governor. From 1811 to 1815, Shaw served as a representative to the Massachusetts General Court and became a prominent leader in the community: he was a director (and later counsel) of the New England Bank and the first secretary of the Washington Benevolent Society, a Federalist political organization. He addressed the Humane Society of Massachusetts and delivered the 1815 Fourth of July oration in Boston. After his tenure at the General Court, Shaw returned to full-time practice of the law, partnering with Daniel Rockwood. Between 1818 and 1820, he was a selectman of Boston, a member of the Boston School Committee, and a fire warden of Boston.

In 1820, Shaw returned to the Massachusetts House of Representatives, where he was one of the managers of the impeachment proceedings against Probate Judge James Prescott. He also served as a member of the 1820 Massachusetts Constitutional Convention. A state senator from 1821 to 1822, he worked with Asahel Stearns and Theron Metcalf on a commission to revise the laws of the Commonwealth and drafted the act of incorporation and the charter of Boston. Shaw resumed his law practice in 1822 with a new partner, Sidney Bartlett, but he continued to participate in local politics: he was a school committeeman from 1827 to 1831, a representative in 1829, and the head of a Boston committee opposing the tariff in 1829. An active participant in Harvard affairs, he served as a member of the Board of Overseers from 1831 to 1853 and a fellow from 1834 until his death.

As a young man, Lemuel Shaw had been engaged to Nancy Melvill, the daughter of Major Thomas Melvill, but she had died before the couple could marry. In 1818, Shaw married Elizabeth Knapp, the daughter of Boston merchant Josiah Knapp. She died in 1822, leaving him with two children: John Oakes Shaw and Elizabeth Shaw. (Elizabeth Shaw would later marry author Herman Melville.) Lemuel Shaw re-married in August 1827, and he and his second wife, Hope Savage Shaw, had two sons: Lemuel Shaw, Jr., and Samuel Savage Shaw.

When Chief Justice Isaac Parker of the Massachusetts Supreme Judicial Court died in July 1830, Governor Levi Lincoln appointed Lemuel Shaw to the post. During his 30-year tenure on the bench, Shaw wrote approximately 2,200 opinions and presided over many cases dealing with emerging industry and public utilities. He had enormous influence in railroad and common-carrier cases. With Farwell v. Boston & Worcester R.R. (1842), he established the "fellow servant" rule in American law, which prevented an employee, injured through the negligence of a fellow employee, from bringing suit against his employer. Shaw's ruling in Commonwealth v. Hunt (1842) repudiated criminal-conspiracy prosecutions of labor unions. And in the case of Commonwealth v. Alger (1850), he helped to delineate more clearly the police power of the state.

Though Shaw's reputation as chief justice is based primarily on his decisions related to problems of industry, he presided over many controversial cases, including cases of arson and murder. Commonwealth v. Buzzell (1834) involved the burning of the Ursuline Convent in Charlestown, Mass., by anti-Catholic rioters. In Commonwealth v. Rogers (1844), Shaw sought to broaden the tests for legal insanity by incorporating the doctrine of "irresistible impulse." His opinion in Roberts v. City of Boston (1850) was the first American ruling on the subject of segregation. And in Commonwealth v. Webster (1850), Shaw sentenced John White Webster, convicted of the murder of George Parkman, to hang. Shaw was also involved in various cases of freedom seekers, including that of Thomas Sims (1851), who was arrested in Boston and whom Shaw refused to release. Shaw's opinion in the Sims case was the first extensive sustention of the 1850 Fugitive Slave Act.

Lemuel Shaw died on March 30, 1861.

Sources

Adlow, Elijah. The Genius of Lemuel Shaw: Expounder of the Common Law. Boston: Massachusetts Bar Association, 1962.

Chase, Frederic H. Lemuel Shaw: Chief Justice of the Supreme Judicial Court of Massachusetts, 1830-1860. Boston: Houghton Mifflin, 1918.

Levy, Leonard W. The Law of the Commonwealth and Chief Justice Shaw. Cambridge, Mass.: Harvard University Press, 1957.

Shaw, Samuel S. "Lemuel Shaw, Early and Domestic Life." Memorial Biographies of the New England Historic and Genealogical Society. Vol. 4. Boston: New England Historic and Genealogical Society, 1885. 200-229.

Collection Description

This microfilm edition consists of Lemuel Shaw papers at the Massachusetts Historical Society (MHS) and the Social Law Library of Boston. Papers at the MHS include two collections: the Lemuel Shaw papers (Ms. N-919) and the Lemuel Shaw papers II (Ms. N-920).

The Lemuel Shaw papers (Reels 1-19) contain personal and professional papers, as well as papers of the interrelated Shaw, Savage, Melvill, Cargill, and Knapp families. Family papers include correspondence of Susanna Hayward Shaw, Elizabeth Knapp Shaw, Hope Savage Shaw, Elizabeth Shaw Melville, Herman Melville, Lemuel Shaw, Jr., and John Oakes Shaw, as well as an account book of Oakes Shaw and diaries of Samuel Savage Shaw and Caroline Cobb Shaw. Lemuel Shaw's professional papers relate to his legal practice and his career as chief justice and include correspondence, writ books, and account ledgers. Among the subjects covered are the Goldthwaite land patent in New York and the Penobscot Bank in Maine. Correspondents include William Sullivan, Daniel Henshaw, Charles G. Loring, Daniel Webster, Charles P. Curtis, James T. Austin, Charles Sumner, Richard Henry Dana (1815-1882), Leverett Saltonstall, Timothy Fuller, and many other prominent lawyers, jurists, and politicians. This collection also contains papers of Thomas Melvill and records of Charles Savage of Savage & Co. (Louisville, Kentucky).

The Lemuel Shaw papers II (Reels 20-21) contain papers related to Shaw's study and practice of law, including correspondence, writ books, and account books. Shaw family papers in this collection consist of letters from his son Lemuel Shaw, Jr., and diaries of Samuel Savage Shaw, Hope Savage Shaw, and Caroline Cobb Shaw.

The Lemuel Shaw papers at Social Law Library (Reels 22-46) consist of correspondence, memoranda, deeds, printed items, and other papers related to Shaw's private practice; miscellaneous family papers; and 52 volumes of the minutes of the Massachusetts Supreme Judicial Court kept by Lemuel Shaw during his tenure as chief justice.

Note: Beginning in the 1830s, some members of the Melvill family began to spell their surname "Melville." The name is spelled "Melvill" throughout this guide, except in the case of Herman Melville and members of his immediate family.

Acquisition Information

The first Lemuel Shaw papers were given to the Massachusetts Historical Society by Samuel Savage Shaw in 1911. After his death in 1919, the bulk of the Shaw papers came to the MHS from Josephine MacChord Shaw, Lemuel Shaw's granddaughter. From 1919 to 1932, she continued to add to the MHS's collection, donating such items as the diaries and almanacs of Hope Savage Shaw, Caroline Cobb Shaw, and Samuel Savage Shaw. In 1946, Frederic H. Chase, an early biographer of Lemuel Shaw, gave some Shaw papers to the MHS, and additional papers came later from Theodore Chase and the estate of Frank W. Grinnell.

The Shaw collection at the Social Law Library began in 1910, when Samuel Savage Shaw gave the library the 52 bound volumes of the minutes of the Supreme Judicial Court in Lemuel Shaw's handwriting. The legal correspondence that forms the rest of that collection was most likely added by Josephine MacChord Shaw after the death of Samuel Savage Shaw.

Detailed Description of the Collection

Expand all

I. Lemuel Shaw papers at the Massachusetts Historical Society, 1648-1923

Close I. Lemuel Shaw papers at the Massachusetts Historical Society, 1648-1923

II. Lemuel Shaw papers II at the Massachusetts Historical Society, 1745-1920

Close II. Lemuel Shaw papers II at the Massachusetts Historical Society, 1745-1920

III. Lemuel Shaw papers at the Social Law Library of Boston, 1783-1867

Close III. Lemuel Shaw papers at the Social Law Library of Boston, 1783-1867

Preferred Citation

Microfilm edition of the Lemuel Shaw papers, Massachusetts Historical Society.

Access Terms

This collection is indexed under the following headings in ABIGAIL, the online catalog of the Massachusetts Historical Society. Researchers desiring materials about related persons, organizations, or subjects should search the catalog using these headings.

Persons:

Curtis, Charles Pelham, 1792-1864.
Henshaw, Daniel, 1782-1863.
Loring, Charles G. (Charles Greely), 1794-1867.
Melvill, Thomas, 1751-1832.
Melville, Elizabeth Shaw, 1822-1906.
Melville, Herman, 1819-1891.
Savage, Charles, 1785-1840.
Shaw family.
Shaw, Caroline Cobb.
Shaw, Elizabeth Knapp, 1784-1822.
Shaw, Hope Savage, 1793-1879.
Shaw, John Oakes, 1820-1902.
Shaw, Lemuel, 1828-1884.
Shaw, Oakes, 1736-1807.
Shaw, Samuel Savage, 1833-1915.
Shaw, Susanna Hayward, 1744-1839.
Sullivan, William, 1774-1839.
Webster, Daniel, 1782-1852.

Organizations:

Massachusetts. Supreme Judicial Court.

Subjects:

Family history--1600-1649.
Family history--1650-1699.
Family history--1700-1749.
Family history--1750-1799.
Family history--1800-1849.
Family history--1850-1899.
Family history--1900-1949.
Judges.
Lawyers.

Materials Removed from the Collection

Photographs from the Lemuel Shaw papers (Series I) have been removed to the Lemuel Shaw photographs. Photo. Coll. 500.66.

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