Jabez Chickering (lawyer)
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Jabez Chickering (died 1826) was a lawyer and businessman from
Dedham, Massachusetts Dedham ( ) is a town in and the county seat of Norfolk County, Massachusetts, United States. The population was 25,364 at the 2020 census. It is located on Boston's southwest border. On the northwest it is bordered by Needham, on the southwest b ...
.


Personal life

Chickering was the son of the minister in Dedham's South Church, also named Jabez Chickering, and his wife Hannah, the daughter of Thomas Balch. He was graduated from
Harvard College Harvard College is the undergraduate college of Harvard University, an Ivy League research university in Cambridge, Massachusetts. Founded in 1636, Harvard College is the original school of Harvard University, the oldest institution of higher lea ...
in 1804. He had a wife and six children. Chickering died in Monroe, Michigan in 1826.


Career

Chickering was a lawyer with a large practice and a
justice of the peace A justice of the peace (JP) is a judicial officer of a lower or ''puisne'' court, elected or appointed by means of a commission ( letters patent) to keep the peace. In past centuries the term commissioner of the peace was often used with the sa ...
. Along with William Phillips, Chickering was a principal incorporation of the Dedham Worsted Company on
Mother Brook Mother Brook is a stream that flows from the Charles River in Dedham, Massachusetts, to the Neponset River in the Hyde Park section of Boston, Massachusetts. Mother Brook was also known variously as East Brook and Mill Creek in earlier times. ...
. It went out of business after only three years, however, and the mill was purchased by
Benjamin Bussey Benjamin Bussey (17571842) was a prosperous merchant, farmer, horticulturalist and patriot in Boston, Massachusetts, United States, who made significant contributions to the creation of the Arnold Arboretum. He was said to be "a man of exce ...
. He published the Dedham Gazette, with
Theron Metcalf Theron Metcalf (October 16, 1784 – November 12, 1875) was an American attorney and politician from Massachusetts. He was a New England jurist and served as an associate justice of the Massachusetts Supreme Judicial Court. Personal life Me ...
as editor. In September 1821 he applied to become a Unitarian minister, saying he had "faithfully & regularly attended to the studies of the Theology School at Cambridge. A professor,
Andrews Norton Andrews Norton (December 31, 1786 – September 18, 1853) was an American preacher and theologian. Along with William Ellery Channing, he was the leader of mainstream Unitarianism of the early and middle 19th century, and was known as the "Unitari ...
, however, protested that his "certificate was not regularly voted" and that Chickering "has been far from faithfully attending to my exercises." In January 1824, the public became aware that Chickering had gone bankrupt and went to New York to try and recoup some of his money. On February 2, the directors and shareholders of the
Dedham Bank The Dedham Bank was a bank in Dedham, Massachusetts. It was located on the corner of High and Pearl Streets. Those involved with the establishment of the bank in 1814 include Elijah Crane, Willard Gay, Samuel Haven, John Guild, Jabez Chickerin ...
, where Chickering was a cashier, were informed that $35,000 was also missing. His widow was eventually able to pay off the bank and other individuals to whom Chickering owed money.


Dispute at First Church

When Rev.
Jason Haven Jason Haven (March 2, 1733 – May 17, 1803) was the longest serving minister of the First Church and Parish in Dedham. Personal life Haven was born on March 2, 1733, in Framingham, Massachusetts. He was graduated from Harvard College in 1754. Whil ...
died, Chickering was appointed to the committee to find his replacement in the pulpit at the
First Church and Parish in Dedham First or 1st is the ordinal form of the number one (#1). First or 1st may also refer to: *World record, specifically the first instance of a particular achievement Arts and media Music * 1$T, American rapper, singer-songwriter, DJ, and rec ...
. Bates was unpopular with the congregation, and it was hoped that the new minister's politics would be more in line with the community. On March 1, 1818, just days after Bates left town, Chickering and the committee produced
Alvan Lamson Alvan Lamson (November 18, 1792 – July 18, 1864) was a minister at First Church and Parish in Dedham, Massachusetts. His ordination led to a split in the church and eventually a lawsuit, '' Baker v. Fales'', that helped disestablish the church ...
. Lamson was an 1817 graduate of
Harvard Divinity School Harvard Divinity School (HDS) is one of the constituent schools of Harvard University in Cambridge, Massachusetts. The school's mission is to educate its students either in the academic study of religion or for leadership roles in religion, gov ...
, a Unitarian stronghold. The congregation were largely conservative
Calvinists Calvinism (also called the Reformed Tradition, Reformed Protestantism, Reformed Christianity, or simply Reformed) is a major branch of Protestantism that follows the theological tradition and forms of Christian practice set down by John Ca ...
. Those who opposed Lamson did not raise any objections to his moral or professional qualifications. They did, however, object to his theology and found him lacking in "spirituality and knowledge of the scriptures" and displayed little of "that which fixes the attention and reaches the heart." Lamson's initial reaction seems to have been to decline the call, given the size of the opposition, but he was persuaded to accept by Chickering. Many members of the church stormed out when they heard he had accepted. A council was called to consider the situation and then to ordain Lamson. Chickering presented at the council letters showing that if all the members of the church had been present when the vote was taken that there would have been a majority in favor of Lamson. The council was not inclined to consider the views and membership status of the absent members and instead considered Lamson's qualifications. The congregation was split, with the conservative church members leaving and taking the church's property with them. They also sent a committee, led by Chickering, to meet with Samuel Fales as the senior deacon. They demanded "Christian satisfaction" regarding his deaconship. When they reported back to the liberal sect, they charged Fales with leasing the parsonage house out without the church's consent. Fales was also accused of not giving direct answers to their questions, including which group he considered to be the true church. As a result, the liberal group voted to remove Fales as deacon but allowed him to remain a member of the church. A lawsuit,
Baker v. Fales ''Baker v. Fales'', also known as The Dedham Case, was a seminal case of the Massachusetts Supreme Judicial Court. It involved the First Church and Parish in Dedham rejecting the minister the Town of Dedham selected for it and its split into the ...
, ensued, with the liberal members of the church attempting to regain possession of the church's property. At the trial in February 1820, the members of First Church were represented by Judge John Davis and Chickering while the breakaway church members were represented by
Theron Metcalf Theron Metcalf (October 16, 1784 – November 12, 1875) was an American attorney and politician from Massachusetts. He was a New England jurist and served as an associate justice of the Massachusetts Supreme Judicial Court. Personal life Me ...
, Samuel Haven, and a Mr. Prescott. Judge
Samuel Wilde Samuel Sumner Wilde (1771–1855) was an associate justice of the Massachusetts Supreme Judicial Court. Wilde was born in Taunton, Massachusetts, and graduated from Dartmouth College in 1789, winning admission to the Massachusetts Bar in 1792. H ...
presided over the trial and the jury eventually ruled for Chickering's side. The case was appealed to the Supreme Judicial Court and was heard during the October 1820 session. There, Massachusett's Solicitor General,
Daniel Davis Daniel Davis (born November 26, 1945) is an American film, stage and television actor. Davis is best known for portraying Niles the butler on the sitcom ''The Nanny'' (1993 to 1999), and for his two guest appearances as Professor Moriarty on ...
, represented the plaintiffs with Chickering. The breakaway defendants had
Daniel Webster Daniel Webster (January 18, 1782 – October 24, 1852) was an American lawyer and statesman who represented New Hampshire and Massachusetts in the U.S. Congress and served as the U.S. Secretary of State under Presidents William Henry Harrison, ...
and
Theron Metcalf Theron Metcalf (October 16, 1784 – November 12, 1875) was an American attorney and politician from Massachusetts. He was a New England jurist and served as an associate justice of the Massachusetts Supreme Judicial Court. Personal life Me ...
representing them. Chickering's side won once again at the high court. The case was a major milestone in the road towards the
separation of church and state The separation of church and state is a philosophical and jurisprudential concept for defining political distance in the relationship between religious organizations and the state. Conceptually, the term refers to the creation of a secular sta ...
and led to the Commonwealth formally disestablishing the
Congregational Church Congregational churches (also Congregationalist churches or Congregationalism) are Protestant churches in the Calvinist tradition practising congregationalist church governance, in which each congregation independently and autonomously runs its ...
in 1833. In a pamphlet Haven published, Chickering was portrayed as one of the central "plotters" in the whole ordeal. Chickering then attempted to sue Haven for libel, but a grand jury in Norfolk County refused to indict Haven in October 1820. Chickering then tried in Cambridge, where the pamphlet was printed, and a Middlesex Grand Jury did indict him. Haven was arrested on December 1, 1819. Due in part to the long speech Haven gave in his own defense, the trial lasted over two days. Haven was acquitted.


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Works cited

* * * * * {{DEFAULTSORT:Chickering, Jabez Year of birth uncertain 1826 deaths Lawyers from Dedham, Massachusetts Businesspeople from Dedham, Massachusetts Harvard College alumni American bank robbers