John Lowell
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John Lowell (June 17, 1743 – May 6, 1802) was a delegate to the Congress of the Confederation, a Judge of the
Court of Appeals in Cases of Capture A court is any person or institution, often as a government institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance ...
under the
Articles of Confederation The Articles of Confederation and Perpetual Union was an agreement among the 13 Colonies of the United States of America that served as its first frame of government. It was approved after much debate (between July 1776 and November 1777) by ...
, a
United States district judge The United States district courts are the trial courts of the U.S. federal judiciary. There is one district court for each federal judicial district, which each cover one U.S. state or, in some cases, a portion of a state. Each district cou ...
of the
United States District Court for the District of Massachusetts The United States District Court for the District of Massachusetts (in case citations, D. Mass.) is the federal district court whose territorial jurisdiction is the Commonwealth of Massachusetts, United States. The first court session was he ...
and a United States Circuit Judge of the United States Circuit Court for the First Circuit.


Education and career

Born on June 17, 1743, in
Newburyport Newburyport is a coastal city in Essex County, Massachusetts, United States, northeast of Boston. The population was 18,289 at the 2020 census. A historic seaport with vibrant tourism industry, Newburyport includes part of Plum Island. The mo ...
,
Province of Massachusetts Bay The Province of Massachusetts Bay was a colony in British America which became one of the Thirteen Colonies, thirteen original states of the United States. It was chartered on October 7, 1691, by William III of England, William III and Mary II ...
,
British America British America comprised the colonial territories of the English Empire, which became the British Empire after the 1707 union of the Kingdom of England with the Kingdom of Scotland to form the Kingdom of Great Britain, in the Americas from 16 ...
, Greenslet, Ferris. (1946) ''The Lowells and Their Seven Worlds,'' Boston: Houghton Mifflin. . Lowell graduated from
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 ...
in 1760 and
read law Reading law was the method used in common law countries, particularly the United States, for people to prepare for and enter the legal profession before the advent of law schools. It consisted of an extended internship or apprenticeship under the ...
in 1763. He entered private practice in Newburyport from 1763 to 1771, 1773, and 1775. He was a selectman for Newburyport from 1771 to 1772, in 1774, and in 1776. In the spring of 1774, he signed addresses complimenting royal governors Thomas Hutchinson and
Thomas Gage General Thomas Gage (10 March 1718/192 April 1787) was a British Army general officer and colonial official best known for his many years of service in North America, including his role as British commander-in-chief in the early days of th ...
, but made a public apology for doing so at the end of the year. He served in the Massachusetts militia as a major in 1776 during the
American Revolutionary War The American Revolutionary War (April 19, 1775 – September 3, 1783), also known as the Revolutionary War or American War of Independence, was a major war of the American Revolution. Widely considered as the war that secured the independence of t ...
. He continued private practice in
Boston Boston (), officially the City of Boston, is the state capital and most populous city of the Commonwealth of Massachusetts, as well as the cultural and financial center of the New England region of the United States. It is the 24th- mo ...
,
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 ...
from 1777 to 1778, and from 1779 to 1781. After moving to Boston, Lowell became the leading attorney in Massachusetts representing privateer claims before the Admiralty Court, which formed the basis of his fortune.Adams, Russell B., (1977) ''The Boston Money Tree,'' Thomas Y. Crowell Co., p. 36 Of the 1100 privateering claims handled in Boston, Lowell was lead counsel in approximately 700, and assistant counsel in half the rest. He was a member of the
Massachusetts House of Representatives The Massachusetts House of Representatives is the lower house of the Massachusetts General Court, the state legislature of the Commonwealth of Massachusetts. It is composed of 160 members elected from 14 counties each divided into single-member ...
in 1778, and from 1780 to 1782. He was a delegate to the Massachusetts constitutional convention in 1780. He was a delegate to the Congress of the Confederation (
Continental Congress The Continental Congress was a series of legislative bodies, with some executive function, for thirteen of Britain's colonies in North America, and the newly declared United States just before, during, and after the American Revolutionary War. ...
) from 1782 to 1783. He was a Judge of the
Court of Appeals in Cases of Capture A court is any person or institution, often as a government institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance ...
under the
Articles of Confederation The Articles of Confederation and Perpetual Union was an agreement among the 13 Colonies of the United States of America that served as its first frame of government. It was approved after much debate (between July 1776 and November 1777) by ...
starting in 1783. He was a member of a commission on the boundary between Massachusetts and New York in 1784. He was a member of the
Massachusetts Senate The Massachusetts Senate is the upper house of the Massachusetts General Court, the bicameral state legislature of the Commonwealth of Massachusetts. The Senate comprises 40 elected members from 40 single-member senatorial districts in the ...
from 1784 to 1785. From his practice of the law and shipping ventures John was able to acquire a large estate and a considerable sum of money throughout his lifetime and despite not being from the richest family growing up he was able to raise the value of the Lowell name.


Influence on abolition of slavery in Massachusetts

As a member of the Massachusetts constitutional convention of 1780, Lowell is best remembered for authoring Article I and his insistence upon its adoption into the
Bill of Rights A bill of rights, sometimes called a declaration of rights or a charter of rights, is a list of the most important rights to the citizens of a country. The purpose is to protect those rights against infringement from public officials and pri ...
, "All men are born free and equal, and have certain natural, essential and inalienable rights, among which may be reckoned the right of enjoying and defending their lives and liberties..." Lowell's son, the Rev. Charles Lowell, D.D., wrote in a personal letter eight decades later, "My father introduced into the Bill of Rights the clause by which Slavery was abolished in Massachusetts... and when it was adopted, exclaimed: 'Now there is no longer Slavery in Massachusetts, it is abolished and I will render my services as a lawyer gratis to any slave suing for his freedom if it is withheld from him...' and he did so defend the negro slave against his master under this clause of the constitution which was declared valid by the
Massachusetts Supreme Court The Massachusetts Supreme Judicial Court (SJC) is the highest court in the Commonwealth of Massachusetts. Although the claim is disputed by the Supreme Court of Pennsylvania, the SJC claims the distinction of being the oldest continuously functi ...
in 1783, and since that time Slavery in Mass. has had no legal standing."


Highlights of his congressional service

During Lowell's service, the Congress of the Confederation met in the library of Nassau Hall at
Princeton University Princeton University is a private university, private research university in Princeton, New Jersey. Founded in 1746 in Elizabeth, New Jersey, Elizabeth as the College of New Jersey, Princeton is the List of Colonial Colleges, fourth-oldest ins ...
and "congratulated
George Washington George Washington (February 22, 1732, 1799) was an American military officer, statesman, and Founding Father who served as the first president of the United States from 1789 to 1797. Appointed by the Continental Congress as commander of th ...
on his successful termination of the war, received the news of the signing of the definitive treaty of peace with
Great Britain Great Britain is an island in the North Atlantic Ocean off the northwest coast of continental Europe. With an area of , it is the largest of the British Isles, the largest European island and the ninth-largest island in the world. It is ...
, and welcomed the first foreign minister—from the
Netherlands ) , anthem = ( en, "William of Nassau") , image_map = , map_caption = , subdivision_type = Sovereign state , subdivision_name = Kingdom of the Netherlands , established_title = Before independence , established_date = Spanish Netherl ...
—accredited to the United States."


Federal judicial service

Lowell was nominated by President
George Washington George Washington (February 22, 1732, 1799) was an American military officer, statesman, and Founding Father who served as the first president of the United States from 1789 to 1797. Appointed by the Continental Congress as commander of th ...
on September 24, 1789, to the
United States District Court for the District of Massachusetts The United States District Court for the District of Massachusetts (in case citations, D. Mass.) is the federal district court whose territorial jurisdiction is the Commonwealth of Massachusetts, United States. The first court session was he ...
, to a new seat authorized by . He was confirmed by the
United States Senate The United States Senate is the upper chamber of the United States Congress, with the House of Representatives being the lower chamber. Together they compose the national bicameral legislature of the United States. The composition and pow ...
on September 26, 1789, and received his commission on September 26, 1789. His service terminated on February 20, 1801, due to his elevation to the First Circuit. Lowell was nominated by President
John Adams John Adams (October 30, 1735 – July 4, 1826) was an American statesman, attorney, diplomat, writer, and Founding Fathers of the United States, Founding Father who served as the second president of the United States from 1797 to 1801. Befor ...
on February 18, 1801, to the United States Circuit Court for the First Circuit, to the new Chief Judge seat authorized by . He was confirmed by the Senate on February 20, 1801, and received his commission the same day. His service terminated on May 6, 1802, due to his death in Roxbury, Massachusetts.


Membership

In 1778, John Lowell became an original trustee of
Phillips Academy ("Not for Self") la, Finis Origine Pendet ("The End Depends Upon the Beginning") Youth From Every Quarter Knowledge and Goodness , address = 180 Main Street , city = Andover , state = Ma ...
. In 1780, Lowell became a charter member of the
American Academy of Arts and Sciences The American Academy of Arts and Sciences (abbreviation: AAA&S) is one of the oldest learned societies in the United States. It was founded in 1780 during the American Revolution by John Adams, John Hancock, James Bowdoin, Andrew Oliver, and ...
. In 1787, he was elected to the
American Philosophical Society The American Philosophical Society (APS), founded in 1743 in Philadelphia, is a scholarly organization that promotes knowledge in the sciences and humanities through research, professional meetings, publications, library resources, and communit ...
.


Family

Lowell's ancestor, Percival, a merchant, came from
Bristol Bristol () is a city, ceremonial county and unitary authority in England. Situated on the River Avon, it is bordered by the ceremonial counties of Gloucestershire to the north and Somerset to the south. Bristol is the most populous city in ...
,
England England is a country that is part of the United Kingdom. It shares land borders with Wales to its west and Scotland to its north. The Irish Sea lies northwest and the Celtic Sea to the southwest. It is separated from continental Europe b ...
, to Newbury, Province of Massachusetts Bay, in 1639, and his father,
John John is a common English name and surname: * John (given name) * John (surname) John may also refer to: New Testament Works * Gospel of John, a title often shortened to John * First Epistle of John, often shortened to 1 John * Secon ...
, was the first minister of Newburyport, where he officiated from 1726 to 1767. Lowell married his first wife, Sarah (January 14, 1745 – May 5, 1772), sister of Stephen Higginson, on January 8, 1767. They had three children, including John Lowell Jr. (1769–1840). John Lowell Jr.'s descendants include businessmen
John Amory Lowell John Amory Lowell (November 11, 1798 – October 31, 1881) was an American businessman and philanthropist from Boston. He became the sole trustee of the Lowell Institute when his first cousin, John Lowell, Jr. (1799–1836), the Institute's ...
,
Augustus Lowell Augustus Lowell (January 15, 1830 – June 22, 1900) was a wealthy Massachusetts industrialist, philanthropist, horticulturist, and civic leader. A member of the Brahmin Lowell family, he was born in Boston to John Amory Lowell and his secon ...
, and Ralph Lowell; federal judges
John Lowell John Lowell (June 17, 1743 – May 6, 1802) was a delegate to the Congress of the Confederation, a Judge of the Court of Appeals in Cases of Capture under the Articles of Confederation, a United States district judge of the United States Distr ...
and
James Arnold Lowell James Arnold Lowell (February 5, 1869 – November 30, 1933) was a United States district judge of the United States District Court for the District of Massachusetts. He was the son of John Lowell, a United States federal judge who served from ...
; and siblings author and innovator
Percival Lowell Percival Lowell (; March 13, 1855 – November 12, 1916) was an American businessman, author, mathematician, and astronomer who fueled speculation that there were canals on Mars, and furthered theories of a ninth planet within the Solar System. ...
, Harvard President
A. Lawrence Lowell Abbott Lawrence Lowell (December 13, 1856 – January 6, 1943) was an American educator and legal scholar. He was President of Harvard University from 1909 to 1933. With an "aristocratic sense of mission and self-certainty," Lowell cut a large f ...
, and poet
Amy Lowell Amy Lawrence Lowell (February 9, 1874 – May 12, 1925) was an American poet of the imagist school, which promoted a return to classical values. She posthumously won the Pulitzer Prize for Poetry in 1926. Life Amy Lowell was born on Febru ...
. Lowell's wife Sarah died on May 5, 1772. Lowell married his second wife, Susanna (1754–1777), on May 31, 1774. Together they had two children, including
Francis Cabot Lowell Francis Cabot Lowell (April 7, 1775 – August 10, 1817) was an American businessman for whom the city of Lowell, Massachusetts, is named. He was instrumental in bringing the Industrial Revolution to the United States. Early life Francis Cabot ...
(1775–1817), a businessman and namesake of Lowell, Massachusetts. Descendants of Francis Cabot include businessman and philanthropist John Lowell Jr., federal judge
Francis Cabot Lowell Francis Cabot Lowell (April 7, 1775 – August 10, 1817) was an American businessman for whom the city of Lowell, Massachusetts, is named. He was instrumental in bringing the Industrial Revolution to the United States. Early life Francis Cabot ...
, and architect
Guy Lowell Guy Lowell (August 6, 1870 – February 4, 1927), was an American architect and landscape architect. Biography Born in Boston, Lowell was the son of Mary Walcott (Goodrich) and Edward Jackson Lowell, and a member of Boston's well-known Lowe ...
. Susanna died on March 30, 1777. On December 25, 1778, Lowell married his third wife, Rebecca (1747–1816). They had four children, including
Charles Russell Lowell Sr. Charles Lowell (15 August 1782 – 20 January 1861) was a Unitarian minister and a son of judge John Lowell, as well as the father of James Russell Lowell and Robert Traill Spence Lowell. Biography He was born in Boston, Massachusetts, and atten ...
(1782–1861). Charles Russell's son was the American poet
James Russell Lowell James Russell Lowell (; February 22, 1819 – August 12, 1891) was an American Romantic poet, critic, editor, and diplomat. He is associated with the fireside poets, a group of New England writers who were among the first American poets that ri ...
; his grandsons included 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 ...
figure
Charles Russell Lowell Charles Russell Lowell III (January 2, 1835 – October 20, 1864) was a railroad executive, foundryman, and General in the Union Army during the American Civil War. He was mortally wounded at the Battle of Cedar Creek and was mourned by a number ...
and Boston banker and family lawyer
William Lowell Putnam William Lowell Putnam II (November 22, 1861 – June 1923) (more commonly known as William Putnam, Sr.) was an American lawyer and banker. Putnam was the son of George and Harriet (Lowell) Putnam. He graduated from Harvard in 1882, and proc ...
. illiam Lowell Putnam was a cousin several times removed to General Israel Putnam. See [A History of the Putnam Family in England and America. Recording ..., Volume 1 .p.87 and p.523 Rev George Putnam {William Lowell Putnam's grandfather)] His great-great-grandson was the poet Robert Lowell. Other notable children of the daughters and granddaughters of John Lowell include mathematician Julian Coolidge, and writer and biographer
Ferris Greenslet Ferris Lowell Greenslet (June 30, 1875 in Glens Falls, New York – November 19, 1959 in Boston) was an American editor and writer. Biography Greenslet graduated from Wesleyan University in 1897, and earned both an M.S. and the Ph.D. by Columbi ...
.


Publications

* ''Pietas et Gratulatio'', a poem (1761) * Oration on
James Bowdoin James Bowdoin II (; August 7, 1726 – November 6, 1790) was an American political and intellectual leader from Boston, Massachusetts, during the American Revolution and the following decade. He initially gained fame and influence as a wealthy ...
the elder (delivered January 26, 1795), ''Memoirs'' of the American Academy of Arts and Sciences, v. 2 (prefix)


See also

*
Admiralty court Admiralty courts, also known as maritime courts, are courts exercising jurisdiction over all maritime contracts, torts, injuries, and offences. Admiralty courts in the United Kingdom England and Wales Scotland The Scottish court's earliest ...
*
List of delegates to the Continental Congress The Continental Congress was initially a convention of delegates from several British American colonies at the height of the American Revolution era, who spoke and acted collectively for the people of the Thirteen colonies that ultimately became ...
*
Continental Congress The Continental Congress was a series of legislative bodies, with some executive function, for thirteen of Britain's colonies in North America, and the newly declared United States just before, during, and after the American Revolutionary War. ...
*
Boston Brahmin The Boston Brahmins or Boston elite are members of Boston's traditional upper class. They are often associated with Harvard University; Anglicanism; and traditional Anglo-American customs and clothing. Descendants of the earliest English coloni ...
*
Nassau Hall Nassau Hall, colloquially known as Old Nassau, is the oldest building at Princeton University in Princeton, Mercer County, New Jersey, United States. In 1783 it served as the United States Capitol building for four months. At the time it was built ...
*
Treaty of Paris (1783) The Treaty of Paris, signed in Paris by representatives of George III, King George III of Kingdom of Great Britain, Great Britain and representatives of the United States, United States of America on September 3, 1783, officially ended the Ame ...


References


Sources

* *


External links


Constitution of the Commonwealth of Massachusetts
*
The Massachusetts Historical Society

American Academy of Arts and Sciences
{{DEFAULTSORT:Lowell, John 1743 births 1802 deaths 18th-century American politicians 18th-century American judges American people of English descent Continental Congressmen from Massachusetts Fellows of the American Academy of Arts and Sciences Harvard University alumni Judges of the United States circuit courts Judges of the United States District Court for the District of Massachusetts Lawyers from Boston People from Newburyport, Massachusetts People of colonial Massachusetts Phillips Academy Politicians from Newburyport, Massachusetts United States federal judges appointed by George Washington United States federal judges appointed by John Adams Members of the American Philosophical Society