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Judith Ellen Horton Foster (November 3, 1840 – August 11, 1910) was an American lecturer, temperance worker, and lawyer. She is thought to be the first woman in Iowa who was actually engaged in practice and the fourth woman admitted to practice before the Supreme Court of Iowa. In her time she was known as "The Iowa Lawyer".


Early life

Judith Ellen Horton was born in
Lowell, Massachusetts Lowell () is a city in Massachusetts, in the United States. Alongside Cambridge, It is one of two traditional seats of Middlesex County. With an estimated population of 115,554 in 2020, it was the fifth most populous city in Massachusetts as of ...
, on November 3, 1840. Her father was Rev. Jotham Horton (1798–1853), a Methodist preacher and abolitionist, and her mother was Judith Delano (1799–1847). On both parents' sides, she descended from the
English Puritans The Puritans were English Protestants in the 16th and 17th centuries who sought to purify the Church of England of Roman Catholic practices, maintaining that the Church of England had not been fully reformed and should become more Protestant. ...
who migrated to New England in the 1630s. Jotham Horton descended from Barnabas Horton (1600–1680) and his son Joseph Horton (1625–1696); the Hortons were originally from
Leicestershire Leicestershire ( ; postal abbreviation Leics.) is a ceremonial and non-metropolitan county in the East Midlands, England. The county borders Nottinghamshire to the north, Lincolnshire to the north-east, Rutland to the east, Northamptonshire t ...
, England, and immigrated to America on the ship ''Swallow'', captained by Jeremy Horton. They settled at Hampton, New Hampshire, but soon moved to
New Haven, Connecticut New Haven is a city in the U.S. state of Connecticut. It is located on New Haven Harbor on the northern shore of Long Island Sound in New Haven County, Connecticut and is part of the New York City metropolitan area. With a population of 134,02 ...
, in 1640, and lastly at
Southold, Long Island The Town of Southold is one of ten towns in Suffolk County, New York, United States. It is located in the northeastern tip of the county, on the North Fork of Long Island. The population was 23,732 at the 2020 census. The town also contains a ha ...
. Judith Delano descended from the De Lannoy family; the ''Fortune'' ship which replaced another ship, the ''Speedwell'', arrived from England and sailed to Plymouth Colony in early July 1621, arriving on November 9, 1621, with Philippe De Lannoy among its passengers. A radical abolitionist in the
Methodist Episcopal Church The Methodist Episcopal Church (MEC) was the oldest and largest Methodist denomination in the United States from its founding in 1784 until 1939. It was also the first religious denomination in the US to organize itself on a national basis. In ...
, Rev. Jotham Horton withdrew and entered the antislavery Wesleyan Church. His eldest son, Jotham W. Horton, was killed by a mob on August 5, 1866 after the
New Orleans Race Riot The New Orleans Massacre of 1866 occurred on July 30, when a peaceful demonstration of mostly Black Freedmen was set upon by a mob of white rioters, many of whom had been soldiers of the recently defeated Confederate States of America, leading t ...
of July 30, 1866. At the time, he was pastor of the Coloseum Place Church. Judith Horton was educated in public school and then at the
Genesee Wesleyan Seminary The Genesee Wesleyan Seminary was the name of two institutions located on the same site in Lima, New York. The Genesee Wesleyan Seminary (I) was founded in 1831 by the Genesee Annual Conference of the Methodist Episcopal Church. The plan for its ...
, Lima, New York. Her parents died when she was still at the seminary, after which she went to live with her sister in Boston and became a teacher.


Career

After her second marriage in 1869, she studied law and was admitted to the bar at Clinton, Iowa, in 1872. She occasionally helped her husband in trial cases and is thought to be the first woman in Iowa who was actually engaged in practice. She was admitted to practice in the Supreme Court of Iowa on October 20, 1875, being the fourth woman admitted to practice before that tribunal. At first, she practiced alone, but afterwards, formed a partnership with her husband. She followed the legal profession for a number of years. In her time, she was known as "The Iowa Lawyer". Foster was a Methodist and joined the temperance workers when the crusade opened. Her home in Clinton was burned, presumably by opponents of temperance. As a member of the
Woman's Christian Temperance Union The Woman's Christian Temperance Union (WCTU) is an international temperance organization, originating among women in the United States Prohibition movement. It was among the first organizations of women devoted to social reform with a program th ...
, she served as superintendent of the legislative department. Her knowledge of law enabled her to help the movement for the adoption of constitutional amendments in the various states aimed at securing the prohibition of the sale and manufacture of alcoholic liquors. She wrote a pamphlet on the legal bearings of the question. She was popular and successful as a lecturer: the '' DeWitt Observer'' reported on June 5, 1874, that "one of the best temperance lectures we ever listened to was delivered in the M. E. Church last Sabbath evening by Mrs. Foster of Clinton. The house was filled to overflowing. The audience was delighted with the lecture." In 1887, Foster visited Europe, where she studied the temperance question. In England, she addressed large audiences. Returning to the United States, she took part in the International Council of Women in Washington. She published the ''Constitutional Amendment Manual (1882)'' and a number of pamphlets and magazine articles on temperance. Foster was a pronounced suffragist. She maintained that no organization had the right to pledge the influence of its members to any other organization for any purpose. Her views naturally led her to affiliate with the
Non-Partisan National Woman's Christian Temperance Union Non-Partisan National Women's Christian Temperance Union was an American temperance association organized at Cleveland, Ohio, January 22, 1890, as a protest against the attitude of the Woman's Christian Temperance Union (W.C.T.U.) toward political ...
, and she served that body for several years as corresponding secretary, having her office in Boston. She served her own state union as corresponding secretary and president for many years. In 1900, Foster was with the Taft Commission in the Philippines to study the conditions of women and children there. Attorney General
George W. Wickersham George Woodward Wickersham (September 19, 1858 – January 25, 1936) was an American lawyer and Attorney General of the United States in the administration of President William H. Taft. He returned to government to serve in appointed positio ...
appointed her a member of a committee to investigate conditions in Federal prisons. As a representative of the
American Red Cross The American Red Cross (ARC), also known as the American National Red Cross, is a non-profit humanitarian organization that provides emergency assistance, disaster relief, and disaster preparedness education in the United States. It is the desi ...
, Foster and
Clara Barton Clarissa Harlowe Barton (December 25, 1821 – April 12, 1912) was an American nurse who founded the American Red Cross. She was a hospital nurse in the American Civil War, a teacher, and a patent clerk. Since nursing education was not then very ...
were sent to St. Petersburg by Secretary of State
John Hay John Milton Hay (October 8, 1838July 1, 1905) was an American statesman and official whose career in government stretched over almost half a century. Beginning as a private secretary and assistant to Abraham Lincoln, Hay's highest office was Un ...
in 1902. In 1906, President
Theodore Roosevelt Theodore Roosevelt Jr. ( ; October 27, 1858 – January 6, 1919), often referred to as Teddy or by his initials, T. R., was an American politician, statesman, soldier, conservationist, naturalist, historian, and writer who served as the 26t ...
appointed her to study conditions of women and child workers throughout the nation. In 1907, she was appointed a special agent of the Department of Justice, and in 1908 she advocated the addition of a women's wing to the Federal prison at
Fort Leavenworth Fort Leavenworth () is a United States Army installation located in Leavenworth County, Kansas, in the city of Leavenworth, Kansas, Leavenworth. Built in 1827, it is the second oldest active United States Army post west of Washington, D.C., an ...
. For many years Foster was the president of the Women's Republican Association and an active member of the
Daughters of the American Revolution The Daughters of the American Revolution (DAR) is a lineage-based membership service organization for women who are directly descended from a person involved in the United States' efforts towards independence. A non-profit group, they promote ...
and the
Young Women's Christian Association The Young Women's Christian Association (YWCA) is a nonprofit organization with a focus on empowerment, leadership, and rights of women, young women, and girls in more than 100 countries. The World office is currently based in Geneva, Swi ...
.


Personal life

On March 14, 1860, she married Addison Avery Jr. (1837–1913) in Boston. They had one daughter, Mary Elizabeth, who died at the age of 5, and one son, William Horton Avery (1863–1946), who later changed the name to Foster. The marriage with Avery ended in divorce. While in Chicago doing mission work, Horton met Elijah Caleb Foster (1844–1906), a lawyer. Horton moved to Clinton, Iowa, where on July 25, 1869, she married Foster. They had one son, Emory Miller Foster (1870–1907). Two daughters died young. In 1880, the family moved to Washington D.C., where E. C. Foster was appointed to the Department of the Treasury. She died on August 11, 1910 and was buried at Oak Hill Cemetery in Washington, D.C.


See also

*
List of first women lawyers and judges in Iowa This is a list of the first women lawyer(s) and judge(s) in Iowa. It includes the year in which the women were admitted to practice law (in parentheses). Also included are women who achieved other distinctions such becoming the first in their state ...


References


Further reading

*''History of Clinton County Iowa 1976'', Clinton County Historical Society, c. 1978 *


External links

* {{DEFAULTSORT:Foster, Judith Ellen Horton 1840 births 1910 deaths American women's rights activists Women's rights in the Americas Iowa lawyers American legal writers Writers from Lowell, Massachusetts People from Clinton, Iowa American temperance activists 19th-century American women lawyers 19th-century American women writers 19th-century American writers People from Lowell, Massachusetts American women non-fiction writers 19th-century American lawyers Wikipedia articles incorporating text from A Woman of the Century Burials at Oak Hill Cemetery (Washington, D.C.)