Emory Washburn
Emory Washburn
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Emory Washburn

Emory Washburn (February 14, 1800 – March 18, 1877) was an American lawyer, politician, and historian. He was Governor of Massachusetts for one term (from 1854 to 1855), and served for many years on the faculty of Harvard Law School. His history of the early years of the Massachusetts Supreme Judicial Court is considered a foundational work on the subject.

Born in Leicester, Massachusetts, Washburn attended Dartmouth and Williams before studying law. After establishing what grew to become a successful and distinguished law practice in Worcester, Washburn entered politics as a Whig. After serving several years in the state legislature, he was elected governor in 1853. Despite his support for a reform-minded agenda, he was swept out of office on the Know Nothing 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.

Emory Washburn was born on February 14, 1800, in Leicester, Massachusetts, to Joseph and Ruth (Davis) Washburn, both of whom came from families with deep roots in New England. 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, and then entered Dartmouth College, where Moore taught languages, at the age of thirteen. He accompanied Moore when the latter moved to Williams College in 1815, graduating two years later in a class of seven; he was influential in establishing an alumni association at Williams, serving as its first president.

Our judgements [are] like our watches: none go just alike but each believes his own.

Washburn then embarked on the study of law, first with Charles Dewey, a Williamstown judge and lawyer, and then at Harvard Law School under Asahel Stearns. Although he did not graduate from Harvard, he was admitted to the bar and opened a practice in Charlemont, Massachusetts. After six months there he returned to his hometown of Leicester, where he practiced until 1828. In that year he moved to Worcester, 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.

Washburn was elected to the Massachusetts House of Representatives in 1826, serving two terms; his only notable activity was in committee work preparing a feasibility study for a railroad from Boston to the Connecticut River. He was a regular supporter of the Western Railroad in its efforts to develop the railroad westward from Boston. 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, 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 post he held until 1847. During these years he also established and maintained what was described by one of his peers, George Frisbie Hoar, 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. In the election he defeated Henry W. Bishop (Democrat) and Henry Wilson (Free Soil) 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.

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