Emory Washburn
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Emory Washburn (February 14, 1800 – March 18, 1877) was an American lawyer, politician, and historian. He was
Governor of Massachusetts The governor of the Commonwealth of Massachusetts is the head of government of the Commonwealth (U.S. state), Commonwealth of Massachusetts. The governor is the chief executive, head of the state cabinet and the commander-in-chief of the commonw ...
for one term (from 1854 to 1855), and served for many years on the faculty of
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 ...
. His history of the early years of the
Massachusetts Supreme Judicial Court The Massachusetts Supreme Judicial Court (SJC) is the highest court in the Commonwealth of Massachusetts. Although the claim is disputed by the Supreme Court of Pennsylvania, the SJC claims the distinction of being the oldest continuously fu ...
is considered a foundational work on the subject. Born in
Leicester, Massachusetts Leicester ( ) is a town in Worcester County, Massachusetts, United States. The population was 11,087 at the 2020 United States census. History What is now Leicester was originally settled by the Nipmuc people and was known by them as ''Towtaid' ...
, Washburn attended Dartmouth and Williams before studying law. After establishing what grew to become a successful and distinguished law practice in
Worcester Worcester may refer to: Places United Kingdom * Worcester, England, a city and the county town of Worcestershire in England ** Worcester (UK Parliament constituency), an area represented by a Member of Parliament * Worcester Park, London, Engl ...
, Washburn entered politics as a Whig. After serving several years in the
state legislature A state legislature is a Legislature, legislative branch or body of a State (country subdivision), political subdivision in a Federalism, federal system. Two federations literally use the term "state legislature": * The legislative branches of ...
, he was elected governor in 1853. Despite his support for a reform-minded agenda, he was swept out of office on the
Know Nothing The American Party, known as the Native American Party before 1855 and colloquially referred to as the Know Nothings, or the Know Nothing Party, was an Old Stock Americans, Old Stock Nativism in United States politics, nativist political movem ...
tide in 1854. Washburn joined the faculty of Harvard Law in 1856, where he was a popular and influential figure until his retirement in 1876. His publications, in addition to his history of the SJC, include a history of his hometown of Leicester and numerous treatises on legal subjects.


Early life

Emory Washburn was born on February 14, 1800, in
Leicester, Massachusetts Leicester ( ) is a town in Worcester County, Massachusetts, United States. The population was 11,087 at the 2020 United States census. History What is now Leicester was originally settled by the Nipmuc people and was known by them as ''Towtaid' ...
, to Joseph and Ruth (Davis) Washburn, both of whom came from families with deep roots in New England.Warren, p. 202 He was the sixth of seven children. His father died when he was seven years old, and the local pastor, Zephaniah Swift Moore, became a major influence in his early years. He first attended
Leicester Academy Leicester Academy was a private, state chartered school in Leicester, Massachusetts. History Leicester Academy was founded on March 23, 1784, when the Act of Incorporation for Leicester Academy was passed by the Massachusetts General Court as a ...
, and then entered
Dartmouth College Dartmouth College ( ) is a Private university, private Ivy League research university in Hanover, New Hampshire, United States. Established in 1769 by Eleazar Wheelock, Dartmouth is one of the nine colonial colleges chartered before the America ...
, where Moore taught languages, at the age of thirteen.Spector, p. 119 He accompanied Moore when the latter moved to
Williams College Williams College is a Private college, private liberal arts colleges in the United States, liberal arts college in Williamstown, Massachusetts, United States. It was established as a men's college in 1793 with funds from the estate of Ephraim ...
in 1815, graduating two years later in a class of seven; he was influential in establishing an
alumni association An alumni association or alumnae association is an association of graduates or, more broadly, of former students ( alumni). In the United Kingdom and the United States, alumni of universities, colleges, school A school is the educati ...
at Williams, serving as its first president. Washburn then embarked on the study of law, first with Charles Dewey, a Williamstown judge and lawyer, and then 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 ...
under Asahel Stearns. Although he did not graduate from Harvard, he was
admitted to the bar An admission to practice law is acquired when a lawyer receives a license to practice law. In jurisdictions with two types of lawyer, as with barristers and solicitors, barristers must gain admission to the bar whereas for solicitors there are dist ...
and opened a practice in
Charlemont, Massachusetts Charlemont is a town in Franklin County, Massachusetts, United States. The population was 1,185 at the 2020 census. It is part of the Springfield, Massachusetts Metropolitan Statistical Area. History Charlemont was first colonized by Mose ...
. After six months there he returned to his hometown of Leicester, where he practiced until 1828. In that year he moved to
Worcester Worcester may refer to: Places United Kingdom * Worcester, England, a city and the county town of Worcestershire in England ** Worcester (UK Parliament constituency), an area represented by a Member of Parliament * Worcester Park, London, Engl ...
, where he would live and practice for the next thirty years. In 1830 he married Marianne Cornelia Giles, with whom he had three sons and one daughter.Spector, p. 120


Political career

Washburn was elected to the
Massachusetts House of Representatives The Massachusetts House of Representatives is the lower house of the Massachusetts General Court, the State legislature (United States), state legislature of Massachusetts. It is composed of 160 members elected from 14 counties each divided into ...
in 1826, serving two terms; his only notable activity was in committee work preparing a feasibility study for a railroad from
Boston 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 ...
to the
Connecticut River The Connecticut River is the longest river in the New England region of the United States, flowing roughly southward for through four states. It rises 300 yards (270 m) south of the U.S. border with Quebec, Canada, and discharges into Long Isl ...
. He was a regular supporter of the Western Railroad in its efforts to develop the railroad westward from Boston.Spector, p. 122 Washburn asserted that railroads could "... ward off the attack of any invader." He would serve in the state legislature again in 1838 and 1877. From 1830 to 1834 he served on the staff of Governor Levi Lincoln Jr., and in 1841 he was elected to the
State Senate In the United States, the state legislature is the legislative branch in each of the 50 U.S. states. A legislature generally performs state duties for a state in the same way that the United States Congress performs national duties at ...
, where he served two years. In the second of those years he was chairman of the judiciary committee. In 1844 he was appointed a justice of the
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 ...
, a post he held until 1847. During these years he also established and maintained what was described by one of his peers,
George Frisbie Hoar George Frisbie Hoar (August 29, 1826 – September 30, 1904) was an American attorney and politician, represented Massachusetts in the United States Senate from 1877 until his death in 1904. He belonged to an extended family that became politic ...
, as one of the largest and most successful law practices in Worcester County, partnering with John Davis among others. In 1853 Washburn traveled to England to research English constitutional law. While he was away, the Whig Party nominated him as its gubernatorial candidate; he did not learn of his nomination until his ship reached
Halifax, Nova Scotia Halifax is the capital and most populous municipality of the Provinces and territories of Canada, Canadian province of Nova Scotia, and the most populous municipality in Atlantic Canada. As of 2024, it is estimated that the population of the H ...
.Spector, p. 124 In the election he defeated Henry W. Bishop (
Democrat Democrat, Democrats, or Democratic may refer to: Politics *A proponent of democracy, or democratic government; a form of government involving rule by the people. *A member of a Democratic Party: **Democratic Party (Cyprus) (DCY) **Democratic Part ...
) and
Henry Wilson Henry Wilson (born Jeremiah Jones Colbath; February 16, 1812 – November 22, 1875) was the 18th vice president of the United States, serving from 1873 until his death in 1875, and a United States Senate, senator from Massachusetts from 1855 to ...
(
Free Soil The Free Soil Party, also called the Free Democratic Party or the Free Democracy, was a political party in the United States from 1848 to 1854, when it merged into the Republican Party. The party was focused on opposing the expansion of slav ...
) with 46% of the vote. Since a majority of votes was at the time required to win, the election was determined in the state senate. Washburn was the last governor elected in this fashion (plurality voting was enacted in 1855); he would also be the last Whig governor. During his one year in office, he successfully promoted and enacted significant pieces of legislation on a broad social welfare agenda, including measures concerning debt relief, assistance to the poor and insane, and financial aid for female medical students. One major event that took place during Washburn's tenure was Anthony Burns' arrest and trial under the terms of the Fugitive Slave Law of 1850. The case galvanized anti-slavery activists, who protested outside the courthouse and sought both legal and extra-legal remedies to secure Burns' release. Washburn refused to intercede in the matter, bringing criticism, and Burns remained in custody at the time Washburn left office. Burns was eventually returned to slavery, after which abolitionists purchased his freedom. The 1854 campaign saw the rise of the secretive
Know Nothing The American Party, known as the Native American Party before 1855 and colloquially referred to as the Know Nothings, or the Know Nothing Party, was an Old Stock Americans, Old Stock Nativism in United States politics, nativist political movem ...
movement in Massachusetts politics. Washburn stood for reelection, but the Whig party apparatus was generally unaware of Know Nothing strength and dismissive of its candidates. One commentator described the Know Nothing slate as "spavined ministers, lying tooth-pullers, and buggering priests", and Washburn's opponent, former Whig Henry J. Gardner, as a "rickety vermin" who stood no chance of winning. The outcome of the November election was a landslide: Washburn received only 21% of the vote, and Know Nothing candidates won every major state and Congressional office, as well as most of the seats in the state legislature.


Law professor

The following year he was offered a position as a lecturer at Harvard Law School, which became a full professorship in 1856. The seat had previously been occupied by Judge Edward G. Loring, who Harvard's Overseers refused to retain after he ruled that Burns be returned to slavery. For the next twenty years, Washburn served as one of three dominant figures (along with Theophilus Parsons and Joel Parker) in shaping the law school's practices and curriculum. Legal historian
Charles Warren Sir Charles Warren (7 February 1840 – 21 January 1927) was a British Army officer of the Royal Engineers. He was one of the earliest European archaeologists of the Biblical Holy Land, and particularly of the Temple Mount. Much of his military ...
wrote of the three, "Parker was the great lawyer; Parsons the great teacher; and Washburn, the great man." The three men established a collegial and open learning environment at the law school. Washburn produced a significant number of legal treatises and books during his Harvard tenure; his ''Treatise on the American Law of Real Property'' formed the basis for Harvard's courses and later textbooks on the subject for the next century. His interests in history and the law were comingled in these years, with a number of his publications covering aspects of both subjects. In 1860 Washburn joined in public calls for the repeal of the state's personal liberty laws. These laws, which were designed to make enforcement of the Fugitive Slave Act of 1850 as difficult as possible, were characterized by their opponents as an affront to the interests of slave owners, and as a source of heightened tension between north and south. When 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 ...
broke out in 1861, Washburn led calls for harmony in the law school, which had students from both northern and southern states. He also served, despite his relatively advanced age, in a
home guard Home guard is a title given to various military organizations at various times, with the implication of an emergency or reserve force raised for local defense. The term "home guard" was first officially used in the American Civil War, starting ...
militia unit, and supported the war effort by writing, giving speeches, and donating money. Washburn was a popular and dedicated teacher. Students would sometimes attend his lectures just to hear him speak, and he was always willing to help students with matters both academic and personal. He also regularly assisted recent graduates as they made their way into the profession. In 1870 the Law School hired Christopher Langdell to be its first dean. Langdell began to institute significant changes in the school, which Washburn for the most part went along with. He finally resigned his professorship in 1876, and opened a law practice in Cambridge. He was encouraged to run for
United States Congress The United States Congress is the legislature, legislative branch of the federal government of the United States. It is a Bicameralism, bicameral legislature, including a Lower house, lower body, the United States House of Representatives, ...
, but refused. He was instead convinced to stand once again for the Massachusetts House, to which he was elected. He died in office on March 18, 1877, in Cambridge, and was buried at
Mount Auburn Cemetery Mount Auburn Cemetery, located in Cambridge and Watertown, Massachusetts, is the first rural or garden cemetery in the United States. It is the burial site of many prominent Boston Brahmins, and is a National Historic Landmark. Dedicated in ...
.


Historian

Washburn had a long and abiding interest in local and state history. In 1826 he published a short history of Leicester in a Worcester magazine. This work formed the basis for his ''Historical Sketches of the Town of Leicester, Massachusetts'', published in 1860. He was elected a member of the
American Antiquarian Society The American Antiquarian Society (AAS), located in Worcester, Massachusetts, is both a learned society and a national research library of pre-twentieth-century American history and culture. Founded in 1812, it is the oldest historical society in ...
in 1827, beginning a lifelong association with that organization. He served as the society's secretary for foreign correspondence from 1866 to 1867, and then secretary of domestic correspondence from 1867 to 1877. A large portion of his personal and business papers also resides within its collections. He later became a contributing member to the New England Historical and Genealogical Society and was a member of the
Massachusetts Historical Society The Massachusetts Historical Society (MHS) is a major historical archive specializing in early American, Massachusetts, and New England history. The Massachusetts Historical Society was established in 1791 and is located at 1154 Boylston Street ...
and the
American Academy of Arts and Sciences The American Academy of Arts and Sciences (The Academy) is one of the oldest learned societies in the United States. It was founded in 1780 during the American Revolution by John Adams, John Hancock, James Bowdoin, Andrew Oliver, and other ...
. In 1840 he published ''Sketches of the Judicial History of Massachusetts'', which provides a basic history of the colonial
Massachusetts Superior Court of Judicature The Massachusetts Supreme Judicial Court (SJC) is the highest court in the Commonwealth of Massachusetts. Although the claim is disputed by the Supreme Court of Pennsylvania, the SJC claims the distinction of being the oldest continuously fun ...
(antecedent to the current Massachusetts Supreme Judicial Court) and its justices. Biographer Robert Spector describes it as "the starting point and basis" for legal historical work relating to the court.Spector, p. 121 Washburn considered himself to be more of an
antiquarian An antiquarian or antiquary () is an aficionado or student of antiquities or things of the past. More specifically, the term is used for those who study history with particular attention to ancient artefacts, archaeological and historic si ...
than a historian: he believed it important to conserve artifacts and historical information, leaving the interpretation of those to others. He wrote of the importance, for example, of the need for the state to preserve its own historical documents (something not given much attention in its early years).Spector, p. 128


Publications

* * * * * *


See also

* 1877 Massachusetts legislature


Notes


References

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External links

* {{DEFAULTSORT:Washburn, Emory Governors of Massachusetts People from Leicester, Massachusetts Leicester Academy alumni Williams College alumni Harvard Law School faculty Historians of the United States 1800 births 1877 deaths Massachusetts Whigs Whig Party state governors of the United States Members of the Massachusetts House of Representatives Massachusetts state senators Harvard Law School alumni 19th-century members of the Massachusetts General Court