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John Chipman Gray (July 14, 1839February 25, 1915) was an American scholar of
property law Property law is the area of law that governs the various forms of ownership in real property (land) and personal property. Property refers to legally protected claims to resources, such as land and personal property, including intellectual pro ...
and professor at
Harvard Law School Harvard Law School (Harvard Law or HLS) is the law school of Harvard University, a private research university in Cambridge, Massachusetts. Founded in 1817, it is the oldest continuously operating law school in the United States. Each class ...
. He also founded the law firm
Ropes & Gray Ropes & Gray LLP is a global law firm with 13 offices located in the United States, Asia and Europe. The firm has more than 1,500 lawyers and professionals worldwide, and its clients include corporations and financial institutions, government agen ...
, with law partner
John Codman Ropes John Codman Ropes (April 28, 1836October 28, 1899) was an American military historian and lawyer, and the co-founder of the law firm Ropes & Gray. Early life Ropes was born on April 28, 1836, in Saint Petersburg, the son of a leading merchan ...
. He was half-brother to
U.S. Supreme Court The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
associate justice
Horace Gray Horace Gray (March 24, 1828 – September 15, 1902) was an American jurist who served on the Massachusetts Supreme Judicial Court, and then on the United States Supreme Court, where he frequently interpreted the Constitution in ways that increa ...
, and a grandson of
merchant A merchant is a person who trades in commodities produced by other people, especially one who trades with foreign countries. Historically, a merchant is anyone who is involved in business or trade. Merchants have operated for as long as indust ...
and
politician A politician is a person active in party politics, or a person holding or seeking an elected office in government. Politicians propose, support, reject and create laws that govern the land and by an extension of its people. Broadly speaking, a ...
William Gray.


Early life

Gray was born in
Brighton Brighton () is a seaside resort and one of the two main areas of the City of Brighton and Hove in the county of East Sussex, England. It is located south of London. Archaeological evidence of settlement in the area dates back to the Bronze A ...
,
Massachusetts Massachusetts (Massachusett language, Massachusett: ''Muhsachuweesut assachusett writing systems, məhswatʃəwiːsət'' English: , ), officially the Commonwealth of Massachusetts, is the most populous U.S. state, state in the New England ...
to Horace and Sarah Russell (Gardner) Gray, and graduated from
Boston Latin School The Boston Latin School is a public exam school in Boston, Massachusetts. It was established on April 23, 1635, making it both the oldest public school in the British America and the oldest existing school in the United States. Its curriculum f ...
. From there, he went on to
Harvard University Harvard University is a private Ivy League research university in Cambridge, Massachusetts. Founded in 1636 as Harvard College and named for its first benefactor, the Puritan clergyman John Harvard, it is the oldest institution of higher le ...
, where he earned his
Bachelor of Arts Bachelor of arts (BA or AB; from the Latin ', ', or ') is a bachelor's degree awarded for an undergraduate program in the arts, or, in some cases, other disciplines. A Bachelor of Arts degree course is generally completed in three or four years ...
degree in 1859, and
Harvard Law School Harvard Law School (Harvard Law or HLS) is the law school of Harvard University, a private research university in Cambridge, Massachusetts. Founded in 1817, it is the oldest continuously operating law school in the United States. Each class ...
, where he earned his
law degree A law degree is an academic degree conferred for studies in law. Such degrees are generally preparation for legal careers. But while their curricula may be reviewed by legal authority, they do not confer a license themselves. A legal license is gra ...
in 1861. Gray's politics, prior to the Civil War tended toward the Whig Party. However, he transited into the Know-Nothing Party when the Whigs collapsed. Although he became a Republican, he opined, while serving as a judge advocate, that President Abraham Lincoln did not possess the constitutional authority to issue the Emancipation Proclamation. However, when the Civil War began, he argued that the defeat of slavery was imperative for the survival of the nation. 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 ...
in 1862, and thereafter served in the
Union Army During the American Civil War, the Union Army, also known as the Federal Army and the Northern Army, referring to the United States Army, was the land force that fought to preserve the Union (American Civil War), Union of the collective U.S. st ...
in the
American Civil War The American Civil War (April 12, 1861 – May 26, 1865; also known by other names) was a civil war in the United States. It was fought between the Union ("the North") and the Confederacy ("the South"), the latter formed by states th ...
. He enlisted from Boston as a 2nd lieutenant in Company B, 4th Battalion, Massachusetts Infantry on May 27, 1862, was mustered out a few days later, and commissioned into Company H, 3rd Massachusetts Cavalry on October 7, 1862. He left that unit to accept a commission as a
major Major (commandant in certain jurisdictions) is a military rank of commissioned officer status, with corresponding ranks existing in many military forces throughout the world. When used unhyphenated and in conjunction with no other indicators ...
in the U.S. Volunteers Adjutant General Department on July 25, 1864. Gray was wounded at the
Third Battle of Winchester The Third Battle of Winchester, also known as the Battle of Opequon or Battle of Opequon Creek, was an American Civil War battle fought near Winchester, Virginia, on September 19, 1864. Union Army Major General Philip Sheridan defeated Confederate ...
on September 19, 1864, and resigned from the Army on July 14, 1865. Gray had narrow views on the service of African-American soldiers in the Army. Although he thought highly of his classmate,
Robert Gould Shaw Robert Gould Shaw (October 10, 1837 – July 18, 1863) was an American officer in the Union Army during the American Civil War. Born into a prominent Boston Abolitionism in the United States, abolitionist family, he accepted command of the firs ...
, when Shaw's Fifty-Fourth Massachusetts Regiment was decimated at the Battle of Fort Wagner, Gray wrote his mother "with long and careful discipline I suppose a regiment of negroes might do as well as a white regiment, but negroes disciplined no better than many of our white units would be worthless."


Legal career

In 1865, after the end of the Civil War, Gray established his law practice in Boston, Massachusetts, which would eventually evolve into the modern firm of
Ropes and Gray Ropes & Gray LLP is a global law firm with 13 offices located in the United States, Asia and Europe. The firm has more than 1,500 lawyers and professionals worldwide, and its clients include corporations and financial institutions, government ag ...
. In 1869, he began teaching at Harvard Law School, first as a lecturer, and became a full professor in 1875. In 1883, he was named Royall Professor of Law (a chair named for
Isaac Royall, Jr. Isaac Royall Jr. (1719–1781) was the largest slaveholder in 18th-century Massachusetts. His wealth, primarily accrued through enslaved labor in Antigua, made possible the creation of Harvard Law School. Royall and his father enslaved 64 people o ...
), a position he would hold for 20 years. He received honorary
Doctor of Laws A Doctor of Law is a degree in law. The application of the term varies from country to country and includes degrees such as the Doctor of Juridical Science (J.S.D. or S.J.D), Juris Doctor (J.D.), Doctor of Philosophy (Ph.D.), and Legum Doctor (LL. ...
degrees from
Yale University Yale University is a private research university in New Haven, Connecticut. Established in 1701 as the Collegiate School, it is the third-oldest institution of higher education in the United States and among the most prestigious in the wo ...
in 1894, and from Harvard in 1895. Two years after retiring from teaching, he died at Boston on February 25, 1915.


Works written by Gray

Gray wrote two books on
future interests In property law and real estate, a future interest is a legal right to property ownership that does not include the right to present possession or enjoyment of the property. Future interests are created on the formation of a defeasible estate; t ...
, ''Restraints on the Alienation of Property'' (1883), and ''The Rule against Perpetuities'' (1886). His best known work is his survey of the
common law In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresen ...
, ''The Nature and Sources of the Law'' (1909). Gray's writings were so influential that they are still used in American law schools and cited in
law journal A law review or law journal is a scholarly journal or publication that focuses on legal issues. A law review is a type of legal periodical. Law reviews are a source of research, imbedded with analyzed and referenced legal topics; they also pr ...
s to this day.


See also

*
Restraint on alienation A restraint on alienation, in the law of real property, is a clause used in the conveyance of real property that seeks to prohibit the recipient from selling or otherwise transferring their interest in the property. Under the common law such r ...
*
Rule against perpetuities The rule against perpetuities is a legal rule in the American common law that prevents people from using legal instruments (usually a deed or a will) to exert control over the ownership of private property for a time long beyond the lives of peo ...


References

*


External links


Index of Gray's correspondence, from Harvard University Library

Biography of John Chipman Gray
{{DEFAULTSORT:Gray, John Chipman 1839 births 1915 deaths American legal scholars American legal writers Boston Latin School alumni Harvard Law School alumni Harvard Law School faculty People of Massachusetts in the American Civil War Scholars of property law People associated with Ropes & Gray Union Army officers