John Chipman Gray
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John Chipman Gray (July 14, 1839February 25, 1915) was an American scholar of
property law Property law is the area of law that governs the various forms of ownership in real property (land) and personal property. Property refers to legally protected claims to resources, such as land and personal property, including intellectual prope ...
and professor at
Harvard Law School Harvard Law School (HLS) is the law school of Harvard University, a Private university, private research university in Cambridge, Massachusetts. Founded in 1817, Harvard Law School is the oldest law school in continuous operation in the United ...
. He also founded the law firm Ropes & Gray, with law partner John Codman Ropes. He was half-brother to U.S. Supreme Court associate justice Horace Gray, and a grandson of
merchant A merchant is a person who trades in goods produced by other people, especially one who trades with foreign countries. Merchants have been known for as long as humans have engaged in trade and commerce. Merchants and merchant networks operated i ...
and
politician A politician is a person who participates in Public policy, policy-making processes, usually holding an elective position in government. Politicians represent the people, make decisions, and influence the formulation of public policy. The roles ...
William Gray.


Early life

Gray was born in
Brighton Brighton ( ) is a seaside resort in the city status in the United Kingdom, city of Brighton and Hove, East Sussex, England, south of London. Archaeological evidence of settlement in the area dates back to the Bronze Age Britain, Bronze Age, R ...
,
Massachusetts Massachusetts ( ; ), officially the Commonwealth of Massachusetts, is a U.S. state, state in the New England region of the Northeastern United States. It borders the Atlantic Ocean and the Gulf of Maine to its east, Connecticut and Rhode ...
to Horace and Sarah Russell (Gardner) Gray, and graduated from
Boston Latin School The Boston Latin School is a Magnet school, magnet Latin schools, Latin Grammar schools, grammar State school, state school in Boston, Massachusetts. It has been in continuous operation since it was established on April 23, 1635. It is the old ...
. From there, he went on to
Harvard University Harvard University is a Private university, private Ivy League research university in Cambridge, Massachusetts, United States. Founded in 1636 and named for its first benefactor, the History of the Puritans in North America, Puritan clergyma ...
, where he earned his
Bachelor of Arts A Bachelor of Arts (abbreviated B.A., BA, A.B. or AB; from the Latin ', ', or ') is the holder of a bachelor's degree awarded for an undergraduate program in the liberal arts, or, in some cases, other disciplines. A Bachelor of Arts deg ...
degree in 1859, and
Harvard Law School Harvard Law School (HLS) is the law school of Harvard University, a Private university, private research university in Cambridge, Massachusetts. Founded in 1817, Harvard Law School is the oldest law school in continuous operation in the United ...
, where he earned his
law degree A law degree is an academic degree conferred for studies in law. Some law degrees are professional degrees that are prerequisites or serve as preparation for legal careers. These generally include the Bachelor of Civil Law, Bachelor of Laws, an ...
in 1861. Gray's politics, prior to the Civil War tended toward the Whig Party. However, he transited into the Know-Nothing Party when the Whigs collapsed. Although he became a Republican, he opined, while serving as a judge advocate, that President Abraham Lincoln did not possess the constitutional authority to issue the Emancipation Proclamation. However, when the Civil War began, he argued that the defeat of slavery was imperative for the survival of the nation. He was admitted to the bar in 1862, and thereafter served in the Union Army in the
American Civil War The American Civil War (April 12, 1861May 26, 1865; also known by Names of the American Civil War, other names) was a civil war in the United States between the Union (American Civil War), Union ("the North") and the Confederate States of A ...
. He enlisted from Boston as a 2nd lieutenant in Company B, 4th Battalion, Massachusetts Infantry on May 27, 1862, was mustered out a few days later, and commissioned into Company H, 3rd Massachusetts Cavalry on October 7, 1862. He left that unit to accept a commission as a
major Major most commonly refers to: * Major (rank), a military rank * Academic major, an academic discipline to which an undergraduate student formally commits * People named Major, including given names, surnames, nicknames * Major and minor in musi ...
in the U.S. Volunteers Adjutant General Department on July 25, 1864. Gray was wounded at the Third Battle of Winchester on September 19, 1864, and resigned from the Army on July 14, 1865. Gray had narrow views on the service of African-American soldiers in the Army. Although he thought highly of his classmate, Robert Gould Shaw, when Shaw's Fifty-Fourth Massachusetts Regiment was decimated at the Battle of Fort Wagner, Gray wrote his mother "with long and careful discipline I suppose a regiment of negroes might do as well as a white regiment, but negroes disciplined no better than many of our white units would be worthless."


Legal career

In 1865, after the end of the Civil War, Gray established his law practice in
Boston, Massachusetts Boston is the capital and most populous city in the Commonwealth (U.S. state), Commonwealth of Massachusetts in the United States. The city serves as the cultural and Financial centre, financial center of New England, a region of the Northeas ...
, which would eventually evolve into the modern firm of Ropes and Gray. In 1869, he began teaching at Harvard Law School, first as a lecturer, and became a full professor in 1875. In 1883, he was named Royall Professor of Law (a chair named for Isaac Royall, Jr.), a position he would hold for 20 years. He received honorary
Doctor of Laws A Doctor of Laws (LL.D.) is a doctoral degree in legal studies. The abbreviation LL.D. stands for ''Legum Doctor'', with the double ā€œLā€ in the abbreviation referring to the early practice in the University of Cambridge to teach both canon law ...
degrees from
Yale University Yale University is a Private university, private Ivy League research university in New Haven, Connecticut, United States. Founded in 1701, Yale is the List of Colonial Colleges, third-oldest institution of higher education in the United Stat ...
in 1894, and from Harvard in 1895. Two years after retiring from teaching, he died at Boston on February 25, 1915.


Works written by Gray

Gray wrote two books on
future interests In property law and real estate, a future interest is a legal right to property ownership that does not include the right to present possession or enjoyment of the property. Future interests are created on the formation of a defeasible estate; ...
, ''Restraints on the Alienation of Property'' (1883), and ''The Rule against Perpetuities'' (1886). His best known work is his survey of the
common law Common law (also known as judicial precedent, judge-made law, or case law) is the body of law primarily developed through judicial decisions rather than statutes. Although common law may incorporate certain statutes, it is largely based on prece ...
, ''The Nature and Sources of the Law'' (1909). Gray's writings were so influential that they are still used in American law schools and cited in
law journal A law review or law journal is a scholarly journal or publication that focuses on legal issues. A law review is a type of legal periodical. Law reviews are a source of research, imbedded with analyzed and referenced legal topics; they also provi ...
s to this day.


See also

* Restraint on alienation *
Rule against perpetuities The rule against perpetuities is a legal rule in common law that prevents people from using legal instruments (usually a deed or a will) to exert control over the ownership of private property for a time long beyond the lives of people living at ...


References

*


External links


Index of Gray's correspondence, from Harvard University Library

Biography of John Chipman Gray
{{DEFAULTSORT:Gray, John Chipman 1839 births 1915 deaths American legal scholars American legal writers Boston Latin School alumni Harvard Law School alumni Harvard Law School faculty People of Massachusetts in the American Civil War Scholars of property law People associated with Ropes & Gray Union army officers Law firm founders