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GEORGE TICKNOR CURTIS (1812-1894)

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Originally appearing in Volume V07, Page 652 of the 1911 Encyclopedia Britannica.
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GEORGE See also:TICKNOR See also:CURTIS (1812-1894)  , See also:American lawyer, legal writer and constitutional historian, was See also:born in See also:Watertown, See also:Massachusetts, on the 28th of See also:November 1812 . He graduated at Harvard in 1832, was admitted to the See also:bar in 1836, and practised in See also:Worcester, See also:Boston, New See also:York and See also:Washington, appearing before the See also:United States Supreme See also:Court in many important cases, including the Dred See also:Scott See also:case, in which he argued the constitutional question for Scott, and the " legal See also:tender" cases . In Boston he was for many years the United States See also:commissioner, and in this capacity, despite the vigorous protests of the abolitionists and his own opposition to See also:slavery, ordered the return to his owner of the famous fugitive slave, Thcmas See also:Sims, in 1852 . He was the See also:nephew and See also:close friend of See also:George See also:Ticknor, the historian of See also:Spanish literature, and his association with his See also:uncle was influential in developing his scholarly tastes; while his other See also:personal friendships with eminent Bostonians during the See also:period of conservative Whig ascendancy in Massachusetts politics were of See also:direct See also:influence upon his See also:political opinions and published estimates . He is best known as the author of A See also:History of the Origin, Formation and See also:Adoption of the Constitution of the United States, with Notices of its See also:principal Framers (1854), republished, with many additions, as The Constitutional History of the United States from their See also:Declaration of See also:Independence to the Close of their See also:Civil See also:War (2 vols., 1889-1896) . This history, which had been watched in its earlier progress by See also:Daniel See also:Webster, may be said to See also:present the old Federalist or " Webster-Whig " view of the formation and See also:powers of the Constitution; and it was natural that See also:Curtis should follow it with a voluminous See also:Life of Daniel Webster (2 vols., 1870), the most valuable See also:biography of that statesman . Both these See also:works are characterized by solidity and comprehensiveness rather than by rhetorical attractiveness or See also:literary See also:perspective . In his later years Mr Curtis, like so many of the followers of Webster, turned towards the Democratic party; and he wrote, among other works of See also:minor importance, an exculpatory life of See also:President See also:James See also:Buchanan (2 vols., 1883) and two vindications of See also:General George B . McClellan's career (1886 and 1887) . He died in New York on the 28th of See also:March 1894 . In addition to the works above mentioned he published: See also:Digest of the See also:English and American See also:Admiralty Decisions (1839) ; Rights and Duties of See also:Merchant See also:Seamen (1841), which elicited the hearty praise of See also:Justice See also:Joseph See also:Story; See also:Law of See also:Patents (1849); See also:Equity Precedents (185o) ; Commentaries on the See also:Jurisprudence, Practice and See also:Peculiar See also:Jurisdiction of the Courts of the United States (1854—1858); Creation or See also:Evolution: A Philosophical Inquiry (1887) ; and a novel, See also:John See also:Chambers: A See also:Tale of the Civil War in See also:America (1889) . His See also:brother, See also:BENJAMIN ROBBINS CURTIS (1809-1874), also an eminent jurist, was born on the 4th of November 1809, in Watertown, Massachusetts, graduated at Harvard in 1829, studied law at See also:Cambridge and at See also:Northfield, See also:Mass., where, after his See also:admission to the bar in 1832, he practised law for two years, and then in Boston in 1834-1851 .

In 1851, being then a member of the See also:

lower See also:house of the Massachusetts legislature, he was on the 22nd of See also:September appointed to the Supreme Court of the United States, where he gained his greatest fame in 1857 by his dissenting See also:opinion in the Dred Scott case, in which he argued that the See also:Missouri See also:Compromise was constitutional, and that negroes could become citizens . His See also:argument was immediately published as an See also:anti-slavery document . On the 1st of September 1857 he resigned from the Supreme Court and resumed his private practice . In 1868 he was one of the counsel for President See also:Andrew See also:Johnson in his See also:impeachment trial, and opened for the See also:defence in a remarkable two-days' speech . He died at See also:Newport, Rhode See also:Island, on the 15th of September 1874 . He prepared Decisions of the Supreme Court (22 vols.) and a Digest of its decisions down to 1854 . A Memoir of Benjamin Robbins Curtis, with Some of his Professional and See also:Miscellaneous Papers, edited by his son Benjamin R . Curtis, was published at Boston in 1879, the Memoir being by George Ticknor Curtis .

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