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Lemuel Shaw

Lemuel Shaw (January 9, 1781 - March 30, 1861), was a United States jurist.

He was born at Barnstable, Massachusetts, son of the minister of the West Parish there. He graduated from Harvard College in 1800, and was admitted to the bar (of New Hampshire and of Massachusetts) in 1804. In 1805 he began to practise law in Boston. He was a prominent Federalist and was a member of the Massachusetts House of Representatives in 1811-1814, in 1820, and in 1829, and of the state Senate in 1821-1822, a delegate to the state constitutional convention of 1820-1821, and chief justice of the Supreme Court of the state from 1830 to 1860.

As chief justice Shaw maintained the high standard of excellence set by Theophilus Parsons . He presided over the trial in 1850 of Professor John White Webster (1793-1850) for the murder of Dr George Parkman.

His work in extending the equity, jurisdiction and powers of the court was especially notable. He was also largely instrumental in defeating an attempt (1843) to make a reduction of salary apply to judges already in office, and an attempt (1853) to abolish the life term of judges. His opinion in Cary v. Daniels (8 Metcalf) is the basis of the present law in Massachusetts as to the regulation of water power rights of riparian proprietors. His ruling in favor of the constitutionality of school segregation in Roberts v. City of Boston (1849) established "separate but equal" as a legal doctrine.

His daughter Elizabeth was married to Herman Melville.

See the address by BF Thomas in Proceedings of the Massachusetts Historical Society, x. 50-79 (Boston, 1869); and the sketches by Samuel S Shaw and P Emory Aldrich in vol. iv. pp. 200-247, of Memorial Biographies of the New England Historic Genealogical Society (Boston, 1885).


Last updated: 08-22-2005 16:36:31
Last updated: 01-04-2007 01:18:57
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