Humphrey Howe Leavitt (June 18, 1796 – March 15, 1873) was a

United States representative The United States House of Representatives, often referred to as the House of Representatives, the U.S. House, or simply the House, is the lower chamber of the United States Congress, with the Senate being the upper chamber. Together they ...

from

Ohio Ohio () is a state in the Midwestern region of the United States. Of the fifty U.S. states, it is the 34th-largest by area, and with a population of nearly 11.8 million, is the seventh-most populous and tenth-most densely populated. The sta ...

and a

United States district judge The United States district courts are the trial courts of the U.S. federal judiciary. There is one district court for each federal judicial district, which each cover one U.S. state or, in some cases, a portion of a state. Each district cou ...

of the United States District Court for the District of Ohio and the

United States District Court for the Southern District of Ohio The United States District Court for the Southern District of Ohio (in case citations, S.D. Ohio) is one of two United States district courts in Ohio and includes forty-eight of the state's eighty-eight counties–everything from the Columbus are ...

Education and career

Born on June 18, 1796, in Suffield,

Connecticut Connecticut () is the southernmost state in the New England region of the Northeastern United States. It is bordered by Rhode Island to the east, Massachusetts to the north, New York to the west, and Long Island Sound to the south. Its capita ...

, Leavitt moved with his family to the Northwest Territory in 1800, and settled in what would become

Trumbull County Trumbull County is a county in the far northeast portion of U.S. state of Ohio. As of the 2020 census, the population was 201,977. Its county seat is Warren, which developed industry along the Mahoning River. Trumbull County is part of the ...

, Ohio. He completed preparatory studies, attended an academy in western

Pennsylvania Pennsylvania (; ( Pennsylvania Dutch: )), officially the Commonwealth of Pennsylvania, is a state spanning the Mid-Atlantic, Northeastern, Appalachian, and Great Lakes regions of the United States. It borders Delaware to its southeast, ...

, taught school and clerked in a store. He read law and was admitted to the bar in 1816. He served in the

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during the

War of 1812 The War of 1812 (18 June 1812 – 17 February 1815) was fought by the United States, United States of America and its Indigenous peoples of the Americas, indigenous allies against the United Kingdom of Great Britain and Ireland, United Kingdom ...

. He entered private practice in Cadiz, Ohio from 1816 to 1820. He was a Justice of the peace in Harrison County, Ohio from 1818 to 1820. He was prosecutor of

Monroe County Monroe County may refer to seventeen counties in the United States, all named for James Monroe: * Monroe County, Alabama *Monroe County, Arkansas * Monroe County, Florida * Monroe County, Georgia *Monroe County, Illinois *Monroe County, Indian ...

, Ohio from 1818 to 1820. He resumed private practice in

Steubenville Steubenville is a city in and the county seat of Jefferson County, Ohio, United States. Located along the Ohio River 33 miles west of Pittsburgh, it had a population of 18,161 at the 2020 census. The city's name is derived from Fort Steuben, a ...

, Ohio from 1820 to 1823. He was prosecutor for Jefferson County, Ohio from 1823 to 1829. He was a member of the

Ohio House of Representatives The Ohio House of Representatives is the lower house of the Ohio General Assembly, the state legislature of the U.S. state of Ohio; the other house of the bicameral legislature being the Ohio Senate. The House of Representatives first met in Ch ...

from 1825 to 1826. He was a member of the Ohio Senate from 1827 to 1828. He was clerk of the Jefferson County

Court of Common Pleas A court of common pleas is a common kind of court structure found in various common law jurisdictions. The form originated with the Court of Common Pleas at Westminster, which was created to permit individuals to press civil grievances against one ...

and

Ohio Supreme Court The Ohio Supreme Court, Officially known as The Supreme Court of the State of Ohio is the highest court in the U.S. state of Ohio, with final authority over interpretations of Ohio law and the Ohio Constitution. The court has seven members, a ...

from 1829 to 1832.

Congressional service

Leavitt was elected as a

Jacksonian Democrat Jacksonian democracy was a 19th-century political philosophy in the United States that expanded suffrage to most white men over the age of 21, and restructured a number of federal institutions. Originating with the seventh U.S. president, An ...

from Ohio's 11th congressional district and

Ohio's 19th congressional district Ohio's 19th congressional district was created following the 1830 census and was eliminated after the 2000 census. Between 1863 and 1880, it was represented by future US President James A. Garfield, who became the only sitting House member ever ...

to the

United States House of Representatives The United States House of Representatives, often referred to as the House of Representatives, the U.S. House, or simply the House, is the lower chamber of the United States Congress, with the Senate being the upper chamber. Together they ...

of the 21st United States Congress to fill the vacancy caused by the resignation of

United States Representative The United States House of Representatives, often referred to as the House of Representatives, the U.S. House, or simply the House, is the lower chamber of the United States Congress, with the Senate being the upper chamber. Together they ...

John M. Goodenow. He was reelected to the 22nd and

23rd United States Congress The 23rd United States Congress was a meeting of the legislative branch of the United States federal government, consisting of the United States Senate and the United States House of Representatives. It met in Washington, D.C. from March 4, 1833 ...

es and served from December 6, 1830, until July 10, 1834, when he resigned to accept a judicial position.

Federal judicial service

Leavitt was nominated by President

Andrew Jackson Andrew Jackson (March 15, 1767 – June 8, 1845) was an American lawyer, planter, general, and statesman who served as the seventh president of the United States from 1829 to 1837. Before being elected to the presidency, he gained fame as ...

on June 28, 1834, to a seat on the United States District Court for the District of Ohio vacated by Judge

Benjamin Tappan Benjamin Tappan (May 25, 1773 – April 20, 1857) was a United States district judge of the United States District Court for the District of Ohio and a United States senator from Ohio. Education and career Born on May 25, 1773, in Northampton, ...

. He was confirmed by the

United States Senate The United States Senate is the upper chamber of the United States Congress, with the House of Representatives being the lower chamber. Together they compose the national bicameral legislature of the United States. The composition and pow ...

on June 28, 1834, and received his commission on June 30, 1834. Leavitt was reassigned by

operation of law The phrase "by operation of law" is a legal term that indicates that a right or liability has been created for a party, irrespective of the intent of that party, because it is dictated by existing legal principles. For example, if a person dies wi ...

to the

on February 10, 1855, to a new seat authorized by 10 Stat. 604. His service terminated on April 1, 1871, due to his retirement.

Notable case

Among the major cases in which Leavitt was involved was that of Ohio politician

Clement Vallandigham Clement Laird Vallandigham ( ; July 29, 1820 – June 17, 1871) was an American politician and leader of the Copperhead faction of anti-war Democrats during the American Civil War. He served two terms for Ohio's 3rd congressional district in t ...

, in which Leavitt wrote an opinion on Vallandigham's well-known

habeas corpus ''Habeas corpus'' (; from Medieval Latin, ) is a recourse in law through which a person can report an unlawful detention or imprisonment to a court and request that the court order the custodian of the person, usually a prison official, t ...

case, which Leavitt decided.

Later activities and death

Leavitt moved to

Cincinnati Cincinnati ( ) is a city in the U.S. state of Ohio and the county seat of Hamilton County. Settled in 1788, the city is located at the northern side of the confluence of the Licking and Ohio rivers, the latter of which marks the state line wit ...

, Ohio, upon his reassignment to the Southern District of Ohio in 1855. He moved to Springfield, Ohio following his retirement in 1871. He engaged in literary pursuits after his retirement. He was a member of the World's Convention on Prison Reform in

London London is the capital and List of urban areas in the United Kingdom, largest city of England and the United Kingdom, with a population of just under 9 million. It stands on the River Thames in south-east England at the head of a estuary dow ...

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in 1872. He died on March 15, 1873, in Springfield. He was interred in

Spring Grove Cemetery Spring Grove Cemetery and Arboretum () is a nonprofit rural cemetery and arboretum located at 4521 Spring Grove Avenue, Cincinnati, Ohio. It is the third largest cemetery in the United States, after the Calverton National Cemetery and Abraham ...

in Cincinnati.

Family

Born to an old

New England New England is a region comprising six states in the Northeastern United States: Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island, and Vermont. It is bordered by the state of New York (state), New York to the west and by the Can ...

family involved in the purchase of the

Western Reserve The Connecticut Western Reserve was a portion of land claimed by the Colony of Connecticut and later by the state of Connecticut in what is now mostly the northeastern region of Ohio. The Reserve had been granted to the Colony under the terms o ...

from the state of Connecticut, Leavitt parents were Captain John Wheeler Leavitt and Silence (Fitch) Leavitt. The town of Leavittsburg in Trumbull County was named for the family. Leavitt was married to Marie Antoinette (McDowell) Leavitt, daughter of Dr. John McDowell, a physician, Provost of the

University of Pennsylvania The University of Pennsylvania (also known as Penn or UPenn) is a private research university in Philadelphia. It is the fourth-oldest institution of higher education in the United States and is ranked among the highest-regarded universitie ...

and Governor of Pennsylvania. Humphey Howe and Marie Leavitt had three sons, including

John McDowell Leavitt John McDowell Leavitt (May 10, 1824 – December 12, 1909) was an early Ohio lawyer, Episcopal clergyman, poet, novelist, editor and professor. Leavitt served as the second President of Lehigh University, Bethlehem, Pennsylvania, and as Presid ...

, all born at Steubenville.

Memoir

In a short memoir Leavitt wrote for his children, he described his feelings about a Congressman's job, which he described as "positively irksome and repulsive." Leavitt added: "In times of party division, it is impossible for anyone in Congress to preserve a conscience void of offense toward God and at the same time to bear true allegiance to the party by which he has been elected. The member must vote with his party irrespective of the public good or expect to be visited with the fiercest denunciation."Prominent Families of New York, Reissued by BiblioBazaar LLC, 2009

References

Sources

* * *

External links

History of the Sixth Circuit, U.S. District Court, Humphrey Howe Leavitt, ca6.uscourts.gov

* ttps://books.google.com/books?id=Z8A_AAAAYAAJ&q=autobiography+of+humphrey+howe+leavitt Autobiography of the Hon. Humprhey Howe Leavitt: Written for his familyHumphrey Howe Leavitt, New York, 1893 {{DEFAULTSORT:Leavitt, Humphrey Howe 1796 births 1873 deaths Leavitt family American Presbyterians Members of the Ohio House of Representatives Ohio state senators Ohio state court judges Judges of the United States District Court for the District of Ohio Judges of the United States District Court for the Southern District of Ohio United States federal judges appointed by Andrew Jackson 19th-century American judges Politicians from Steubenville, Ohio People from Cadiz, Ohio Burials at Spring Grove Cemetery People from Suffield, Connecticut United States Army officers United States Army personnel of the War of 1812 County district attorneys in Ohio Jacksonian members of the United States House of Representatives from Ohio 19th-century American legislators United States federal judges admitted to the practice of law by reading law