Isaac Edward "Ed" Ferguson (November 23, 1888 – February 11, 1964) was a Canadian-born Jewish American lawyer and political activist. A founding member of the

Communist Party of America The Communist Party USA (CPUSA), officially the Communist Party of the United States of America, also referred to as the American Communist Party mainly during the 20th century, is a communist party in the United States. It was established ...

, Ferguson is best remembered a co-defendant and attorney in a highly publicized 1920 trial together with party leader

C. E. Ruthenberg Charles Emil Ruthenberg (July 9, 1882 – March 1, 1927) was an American Marxist politician who was the founder and first head of the American Communist Party (CPUSA). He is one of five Americans to be buried in the Kremlin Wall Necropolis. Ea ...

for alleged violation of

New York New York most commonly refers to: * New York (state), a state in the northeastern United States * New York City, the most populous city in the United States, located in the state of New York New York may also refer to: Places United Kingdom * ...

state law against so-called "criminal anarchism." Following conviction and a term served at

Sing Sing prison Sing Sing Correctional Facility is a maximum-security prison for men operated by the New York State Department of Corrections and Community Supervision in the village of Ossining, New York, United States. It is about north of Midtown Manhattan ...

, Ferguson withdrew from radical politics to become a prominent

Chicago Chicago is the List of municipalities in Illinois, most populous city in the U.S. state of Illinois and in the Midwestern United States. With a population of 2,746,388, as of the 2020 United States census, 2020 census, it is the List of Unite ...

civil rights Civil and political rights are a class of rights that protect individuals' political freedom, freedom from infringement by governments, social organizations, and private individuals. They ensure one's entitlement to participate in the civil and ...

attorney.

Biography

Early years

Isaac Edward Ferguson, known to his friends as "Ed," was born November 23, 1888, in

Winnipeg Winnipeg () is the capital and largest city of the Provinces and territories of Canada, Canadian province of Manitoba. It is centred on the confluence of the Red River of the North, Red and Assiniboine River, Assiniboine rivers. , Winnipeg h ...

Manitoba Manitoba is a Provinces and territories of Canada, province of Canada at the Centre of Canada, longitudinal centre of the country. It is Canada's Population of Canada by province and territory, fifth-most populous province, with a population ...

, Canada, the son of an

Orthodox Jewish Orthodox Judaism is a collective term for the traditionalist branches of contemporary Judaism. Theologically, it is chiefly defined by regarding the Torah, both Written and Oral, as literally revealed by God on Mount Sinai and faithfully tra ...

rabbi A rabbi (; ) is a spiritual leader or religious teacher in Judaism. One becomes a rabbi by being ordained by another rabbi—known as ''semikha''—following a course of study of Jewish history and texts such as the Talmud. The basic form of t ...

.Solon DeLeon with Irma C. Hayssen and Grace Poole (eds.), ''The American Labor Who's Who.'' New York: Hanford Press, 1925; pg. 79. Ferguson moved to the

United States of America The United States of America (USA), also known as the United States (U.S.) or America, is a country primarily located in North America. It is a federal republic of 50 states and a federal capital district, Washington, D.C. The 48 contiguo ...

as a boy. In 1905 he was on an AA registered basketball team with his four older brothers. He graduated from McKinley High School in 1906. He attended the

University of Chicago The University of Chicago (UChicago, Chicago, or UChi) is a Private university, private research university in Chicago, Illinois, United States. Its main campus is in the Hyde Park, Chicago, Hyde Park neighborhood on Chicago's South Side, Chic ...

, from which he graduated with a

Bachelor's degree A bachelor's degree (from Medieval Latin ''baccalaureus'') or baccalaureate (from Modern Latin ''baccalaureatus'') is an undergraduate degree awarded by colleges and universities upon completion of a course of study lasting three to six years ...

in 1910 and a

Juris Doctor degree A Juris Doctor, Doctor of Jurisprudence, or Doctor of Law (JD) is a graduate-entry professional degree that primarily prepares individuals to practice law. In the United States and the Philippines, it is the only qualifying law degree. Other jur ...

in 1912. During his time at the University of Chicago, Ferguson briefly became involved in radical politics, leaving the

socialist Socialism is an economic ideology, economic and political philosophy encompassing diverse Economic system, economic and social systems characterised by social ownership of the means of production, as opposed to private ownership. It describes ...

movement upon graduation.Marc Lendler, ''Gitlow v. New York: Every Idea an Incitement.'' Lawrence, KS: University Press of Kansas, 2012; pg. 62. After graduation Ferguson spent four years in the

Western Western may refer to: Places *Western, Nebraska, a village in the US *Western, New York, a town in the US *Western Creek, Tasmania, a locality in Australia *Western Junction, Tasmania, a locality in Australia *Western world, countries that id ...

state of

Wyoming Wyoming ( ) is a landlocked U.S. state, state in the Mountain states, Mountain West subregion of the Western United States, Western United States. It borders Montana to the north and northwest, South Dakota and Nebraska to the east, Idaho t ...

, where he ran for county attorney as a Republican.

Political career

Ferguson returned to Chicago in 1918 to take a position as a personal secretary to William Bross Lloyd, a millionaire heir to the ''

Chicago Tribune The ''Chicago Tribune'' is an American daily newspaper based in Chicago, Illinois, United States. Founded in 1847, it was formerly self-styled as the "World's Greatest Newspaper", a slogan from which its once integrated WGN (AM), WGN radio and ...

'' fortune who was running for

United States Senate The United States Senate is a chamber of the Bicameralism, bicameral United States Congress; it is the upper house, with the United States House of Representatives, U.S. House of Representatives being the lower house. Together, the Senate and ...

on the ticket of the

Socialist Party of America The Socialist Party of America (SPA) was a socialist political party in the United States formed in 1901 by a merger between the three-year-old Social Democratic Party of America and disaffected elements of the Socialist Labor Party of America ...

in the November 1918 election.Draper, ''The Roots of American Communism,'' pg. 138. Ferguson himself joined the Socialist Party at this time. Ferguson and Lloyd together felt an affinity for a

revolutionary socialist Revolutionary socialism is a political philosophy, doctrine, and tradition within socialism that stresses the idea that a social revolution is necessary to bring about structural changes in society. More specifically, it is the view that revolu ...

political program and were instrumental in launching the Communist Propaganda League in Chicago — one of the first explicitly Bolshevik political organizations in the United States. Ferguson was early in casting his allegiance to the

Left Wing Section of the Socialist Party The Left Wing Section of the Socialist Party was an organized faction within the Socialist Party of America in 1919 which served as the core of the dual communist parties which emerged in the fall of that year—the Communist Party of America a ...

when it emerged early in 1919 and was a delegate to the faction's National Conference of the Left Wing in

New York City New York, often called New York City (NYC), is the most populous city in the United States, located at the southern tip of New York State on one of the world's largest natural harbors. The city comprises five boroughs, each coextensive w ...

in June 1919. That gathering elected Ferguson as National Secretary of the Left Wing, a position which he formally retained until the establishment of the Communist Party of America (CPA) early in September. Ferguson joined his co-thinker,

Cleveland Cleveland is a city in the U.S. state of Ohio and the county seat of Cuyahoga County. Located along the southern shore of Lake Erie, it is situated across the Canada–U.S. maritime border and approximately west of the Ohio-Pennsylvania st ...

Socialist Party leader

, as a charter member of the CPA and attended its founding convention in Chicago. He was elected the governing Central Executive Committee of the CPA and served on that body until leaving with Ruthenberg and his faction to join with the rival

Communist Labor Party of America The Communist Labor Party of America (CLPA) was one of the organizational predecessors of the Communist Party USA. The group was established at the end of August 1919 following a three-way split of the Socialist Party of America. Although a leg ...

in establishing the

United Communist Party of America United may refer to: Places * United, Pennsylvania, an unincorporated community * United, West Virginia, an unincorporated community Arts and entertainment Films * ''United'' (2003 film), a Norwegian film * ''United'' (2011 film), a BBC Two f ...

at a secret convention held at the end of May 1920 in

Bridgman, Michigan Bridgman is a city in Berrien County in the U.S. state of Michigan. The population was 2,096 at the time of the 2020 census. History There was a place in this area known as Plummer's Pier. In 1856 lumbermen founded Charlotteville in this area. ...

. As a radical attorney, Ferguson did legal defense work in a number of high-profile political cases of the

World War I World War I or the First World War (28 July 1914 – 11 November 1918), also known as the Great War, was a World war, global conflict between two coalitions: the Allies of World War I, Allies (or Entente) and the Central Powers. Fighting to ...

period and after, including work on the appeals of convicted

leaders

Eugene V. Debs Eugene Victor Debs (November 5, 1855 – October 20, 1926) was an American socialist, political activist, trade unionist, one of the founding members of the Industrial Workers of the World (IWW), and five-time candidate of the Socialist Party o ...

and

Rose Pastor Stokes Rose Harriet Pastor Stokes (née Wieslander; July 18, 1879 – June 20, 1933) was an American socialist activist, writer, birth control advocate, and feminist. She was a figure of some public notoriety after her 1905 marriage to Episcopalian milli ...

in 1918 as well as primary work on the case of

New Jersey New Jersey is a U.S. state, state located in both the Mid-Atlantic States, Mid-Atlantic and Northeastern United States, Northeastern regions of the United States. Located at the geographic hub of the urban area, heavily urbanized Northeas ...

Communist Party leader Walter Gabriel in 1920.

The Ruthenberg-Ferguson case

Ferguson was arrested in New York City, headquarters city of the Communist Party along with CPA Executive Secretary C.E. Ruthenberg on December 1, 1919. The pair were charged with violation of a previously unused 1902 New York law prohibiting the advocacy of "Criminal Anarchism," which had been passed in the aftermath of the assassination of President

William McKinley William McKinley (January 29, 1843September 14, 1901) was the 25th president of the United States, serving from 1897 until Assassination of William McKinley, his assassination in 1901. A member of the Republican Party (United States), Repub ...

.Lendler, ''Gitlow v. New York,'' pg. 1. This law had made it a

felony A felony is traditionally considered a crime of high seriousness, whereas a misdemeanor is regarded as less serious. The term "felony" originated from English common law (from the French medieval word "''félonie''") to describe an offense that r ...

to advocate that "government should be overthrown by force or violence...or by any illegal means." Following a precedent set in a recent conviction of Irish radical

James Larkin James Larkin (28 January 1874 – 30 January 1947), sometimes known as Jim Larkin or Big Jim, was an Irish republicanism, Irish republican, socialist and trade union leader. He was one of the founders of the Irish Labour Party (Ireland), Labou ...

, it was alleged that through their membership on the National Council of the Left Wing, Ferguson and Ruthenberg had been responsible for the publication of an iteration of the

Left Wing Manifesto The Left Wing Manifesto is the name bestowed upon two distinct programmatic documents of the Left Wing Section of the Socialist Party during the factional war in the Socialist Party of America of 1919. The first document, the "Left Wing Manifesto ...

, published in the official organ of the Left Wing Section, '' The Revolutionary Age,'' on July 5, 1919. The trial began in New York City on October 6, 1920, with Ferguson acting in the role of

defense attorney A criminal defense lawyer is a lawyer (mostly barristers) specializing in the defense of individuals and companies charged with criminal activity. Some criminal defense lawyers are privately retained, while others are employed by the various ...

for both defendants. Following a trial the pair were convicted on October 29 and immediately sentenced to a term of 5 years imprisonment. Ferguson and Ruthenberg were immediately jailed in

The Tombs The Tombs was the colloquial name for Manhattan Detention Complex (formerly the Bernard B. Kerik Complex during 2001–2006), a former municipal jail at 125 White Street in Lower Manhattan, New York City. It was also the nickname for three prev ...

before being incarcerated at

Sing Sing Prison Sing Sing Correctional Facility is a maximum-security prison for men operated by the New York State Department of Corrections and Community Supervision in the village of Ossining, New York, United States. It is about north of Midtown Manhattan ...

Ossining, New York Ossining ( ) is a town located along the Hudson River in Westchester County, New York. The population was 40,061 at the time of the 2020 census. It contains two villages, the Village of Ossining and part of Briarcliff Manor, the rest of which ...

. The pair would remain behind bars for approximately 18 months. Released on bail pending appeal, the case was eventually reversed by the

New York Court of Appeals The New York Court of Appeals is the supreme court, highest court in the Judiciary of New York (state), Unified Court System of the New York (state), State of New York. It consists of seven judges: the Chief Judge of the New York Court of Appeal ...

in July 1922. It was the lack of proof of close ties between the two defendants and the publication of the Left Wing Manifesto that was the ultimate reason for the reversal.

Legal career

Following his release from prison, Ferguson dropped out of direct political activity to concentrate on working as a lawyer full-time. Ferguson worked on the cases associated with the raided

1922 Bridgman Convention The 1922 Bridgman Convention was a secret conclave of the underground Communist Party of America (CPA) held in August 1922 near the small town of Bridgman, Michigan, about outside of the city of Chicago on the banks of Lake Michigan. The convent ...

of the Communist Party and on

criminal syndicalism Criminal syndicalism has been defined as a doctrine of criminal acts for political, industrial, and social change. These criminal acts include advocation of crime, sabotage, violence, and other unlawful methods of terrorism. Criminal syndicalism la ...

cases in the state of

Pennsylvania Pennsylvania, officially the Commonwealth of Pennsylvania, is a U.S. state, state spanning the Mid-Atlantic (United States), Mid-Atlantic, Northeastern United States, Northeastern, Appalachian, and Great Lakes region, Great Lakes regions o ...

in 1924.

Death and legacy

Ferguson died on February 11, 1964. He was 75 years old at the time of his death.

Footnotes

Sources

* ''U.S. Supreme Court Transcript of Record: Ruthenberg v. People of State of Michigan.'' (1926) Gale, 2011. * Chicago Tribune Sunday Tribune February 12, 1905

Works

"The Political Prisoners at Dannemora: Report of Their Attorney,"
''The Communist'' (UCP), vol. 1, no. 6 (Circa August 1920), pg. 8.
''A Communist Trial: Extracts from the Testimony of C.E. Ruthenberg and Closing Address to the Jury by Isaac E. Ferguson.''
New York: National Defense Committee, n.d. 920 {{DEFAULTSORT:Ferguson, Isaac Edward 1888 births 1964 deaths Politicians from Winnipeg Canadian Jews Lawyers from Chicago University of Chicago alumni American Marxists Members of the Socialist Party of America Members of the Communist Party USA Communist Party USA politicians