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Joseph Hodges Choate

Joseph Hodges Choate

Joseph H. Choate (1832-1917), a diplomat and lawyer, was considered the quintessential New Englander, though much of his life was spent in New York City at the apogee of America's Gilded Age. As a partner in a successful law practice there, Choate was involved in some of the country's most publicized legal cases during the latter decades of the nineteenth century. President William McKinley named him U.S. ambassador to Great Britain in 1899, where he proved himself a skilled diplomat.

Old New England Name

Choate was the scion of one of Massachusetts's Puritan-era families. An ancestor, John Choate, sailed there from England in 1643, and a number of his descendants had distinguished themselves by the time of Joseph Hodges Choate's birth in 1832. There were farmers of Hog Island, sometimes called Choate Island, in Ipswich Bay of Massachusetts; another served in the state legislator in the 1700s; and a cousin of his father's was a highly regarded U.S. congressman. Choate was born in Salem, where his father was a physician, into a family of five. His education began as a toddler when his brother took him along to a local "dame school," one of New England's informal schoolhouses run by older women. He attended public school later and followed his three older brothers into Harvard College. During the academic year of 1848-49, all four Choate brothers were enrolled at Harvard. Choate joined the Hasty Pudding Club and graduated in 1852 at a ceremony in which his brother William, later a renowned judge, gave the valedictory address; he himself held the rank of class salutatorian.

Choate went on to Harvard Law School, finishing in 1854, and began as an associate with the Boston firm of Hodges and Saltonstall. He was admitted to the Massachusetts bar in October 1855. Moving to New York City later in the year, he was hired at the firm of Butler, Evarts and Southmayd with a letter of introduction from Rufus Choate, the U.S. senator, and was made partner within five years. As such he earned around $3,000 a year. He became active in city politics and Republican circles and was a staunch opponent of the Tweed Ring that ran City Hall. Choate helped rouse sentiment against the Tweed Ring's flagrant corruption at a public meeting in Cooper Union that took place in September 1871.

Energetic Fundraiser and Board Member

Choate married Caroline Dutcher Sterling of Cleveland, Ohio, in 1861. In his after-work hours, he played a key role in the foundation of some of New York City's finest institutions. He was a member of the founding board of the American Museum of Natural History and a trustee of it until his death. For the Metropolitan Museum of Art, he served as an incorporator and trustee and headed its legal committee and served as board vice president. He was governor of the New York Hospital for forty years and twice president of the board of the New York State Charities Aid Association. Choate's energies were also devoted to the New York Association for the Blind, the American Society for the Judicial Settlement of International Disputes, and the Carnegie Endowment for International Peace, for each of which he served in executive posts.

Yet Choate was by profession an attorney and practiced for 55 years. He was involved in a number of prominent or historic cases and earned a reputation as a formidable jury lawyer. He argued in the estate battles of railroad magnate Cornelius Vanderbilt and former New York governor Samuel J. Tilden and was involved in anti-trust cases involving both the Standard Oil Company and a consortium of tobacco growers and manufacturers. A court-martial case involving General Fitz-John Porter he once claimed was the toughest challenge of his career and his most satisfying victory. Rumor held that he earned $250,000 for an 1895 case argued successfully before the U.S. Supreme Court that challenged a new income tax law. Choate pointed out that the law was iniquitous, since four-fifths of the revenues collected came from some of the country's wealthiest landowners in the Northeastern states. He declared it opposed the spirit of the preservation of private property on which America had been founded 115 years earlier. "If this law is upheld, the first parapet would be carried, and then it would be easy to overcome the whole fortress on which the rights of the people depend," Choate urged, according to his biography by Strong.

As he rose in prominence, Choate became a gifted and popular after-dinner speaker. He added more board and committee memberships to his schedule of commitments. He served on a commission that made revisions to New York state's judicial system, was elected president of the Association of the Bar of the City of New York and the American Bar Association as well, and was president of the Harvard Alumni Association. He also served as president, at various times, of the prestigious Union League Club, the New England Society of New York, and the Pilgrim Society. As president of the New York Exchange for Women's Work, he was integral to fundraising efforts for a new building, enjoining his audience, "There are said to be twelve hundred millionaires in this city. Their money is corrupting them and their families. Now each of you select your millionaire or millionaires and get this money from them," according to Strong's biography.

Made Irish Enemies

Not surprisingly, Choate was known for a biting wit that sometimes bordered on sarcasm. He earned a fair amount of enmity among Americans of Irish descent for a speech he delivered in 1893 before the St. Patrick's Society of New York. There were many Irish-American politicians in the audience, and the question of Home Rule for Ireland, free of English domination, was a hotly debated topic at the time. In his speech, Choate wondered why so many Irish had succeeded in America, while their counterparts at home had trouble having their demands met. "For what offices, great or small, have the Irishmen not taken? What spoils have they not carried away? But, now that you have done so much for America, now that you have made it all your own, what do you propose to do for Ireland? How long do you propose to let her be the political football of England?" Choate, according to a biography from Theron G. Strong, then told the assembled that they should, with families and fortunes earned, "set your faces homeward" and take Ireland themselves. "It would be a terrible blow to us. It would take us a great while to recover. Feebly, imperfectly, we should look about us and learn, for the first time in seventy-five years, how to govern New York without you."

Later that decade, Choate defended a U.S. Marshal who was serving as a bodyguard to a U.S. Supreme Court justice. The marshal was accused of shooting David Terry, a former judge on California's state supreme court, who had made threats to assassinate Justice Stephen J. Field. Terry had been legal advisor to a woman who tried to make a claim on the estate of a senator and then married her. When Field, then judge of the U.S. Circuit Court in California, delivered his verdict, Terry pulled a knife and was jailed. After his release, he made threats on Field's life and surprised both the judge and his bodyguard on a train one day. The case went before the U.S. Supreme Court, and Choate's arguments resulted in the marshal's acquittal.

Served Six Years as Ambassador

In 1899 Choate was appointed Ambassador to the Court of St. James, one of the most coveted of all diplomatic postings, by President McKinley. The appointment aroused an outcry from some Irish-Americans, and one journal termed it "a cruel insult" on the part of McKinley. Choate met both Queen Victoria and her successor, Edward VII. His six years in London were marked by several notable diplomatic achievements, including the settling of a boundary dispute between the United States and Canada over the Alaska Territory. The contested area was near to the gold discoveries of the Klondike in the mid-1890s, and a Joint High Commission in 1898 had failed to reach agreement. A new tribunal was called, consisting of three English jurists and three American counterparts, and Canada was initially confident that Britain would support its claims. Thanks to Choate's work, however, Britain decided that maintaining good relations with the United States was paramount, and the 1903 ruling decided in favor of the American claims.

Choate was also a vital part of settling preliminary negotiations over a planned Panama Canal. The United States desired full control, but the Clayton-Bulwer Treaty of 1850, between United States and Great Britain, specified that any canal built through the Central American isthmus would be jointly controlled by both nations. U.S. Secretary of State John Hay directed Choate to nullify the terms of that treaty by securing Britain's acquiescence to the American promise that the canal would give ships of all nations free and open passage. Choate also helped with Hay's "Open Door" policy regarding freedom of trade in China. Some European powers were against it, since they had made their own agreements with the Chinese government, but the American ambassador secured Great Britain's acceptance of the free trade agreement.

Active in International Peace Efforts

Choate's time in London was a pleasant and prestigious one, but he was sometimes known to ruffle the more formal English aristocracy. Once, as guest at a manor home, he was reportedly mistaken for a butler by an English aristocrat, who gave the ambassador the command, "Call me a cab," according to Strong's 1917 biography. Choate allegedly replied, "You are a cab." He returned to the United States in 1905, at the age of 73, and devoted his final years to the aims of international peace organizations. In 1907 he headed the American delegation to the Second Hague Conference for the reduction on world armaments. The nations failed to reach an agreement, but many resolutions were adopted regarding laws of war and the rights of neutral shipping during wartime. The conference was a predecessor to the League of Nations and United Nations, formed respectively after each world war.

Choate and his wife celebrated their fiftieth wedding anniversary at their Naumkeag estate in Stockbridge, Massachusetts, in 1911, with a party attended by a thousand guests. Naumkeag, which boasted 26 rooms, was designed by renowned Stanford White as a summer home for the Choates. The home is now a national historic landmark and is open to the public. At the outbreak of World War I in 1914, Choate was a firm supporter of U.S. intervention. When that occurred in 1917, his distinguished diplomatic career gained him appointment as chair of the New York committee for the reception of the Commissions from England and France. At closing ceremonies on May 13, he told the Earl of Balfour, Britain's Foreign Secretary at the time, "Remember, we meet again to celebrate the victory," but Choate died the next day.

Books

Dictionary of American Biography Base Set, American Council of Learned Societies, 1928-1936.

Strong, Theron G., Joseph H. Choate: New Englander, New Yorker, Lawyer, Ambassador, Dodd, Mead and Company, 1917. □

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Choate, Joseph Hodges

CHOATE, JOSEPH HODGES

Joseph Hodges Choate was a popular lawyer in New York in the late 1800s. Choate distinguished himself by his exceptional career before the bar, his accomplishments as ambassador to the Court of St. James's (an ambassador to England), his dedication to public service, and his sharp wit and clever after-dinner speeches.

Choate was born January 24, 1832, in Salem, Massachusetts, the fifth of six children and the youngest of four boys in a family with an established heritage. His father, Dr. George Choate, was a graduate of Harvard University and Harvard Medical School and was one of Salem's most distinguished physicians. Choate was also the cousin of Congressman rufus choate, who was just beginning his second term when Choate was born.

Continuing the family tradition, Choate attended Harvard with his three brothers. He went on to Harvard Law School, graduating in 1855. Choate then left New England to pursue a career in New York. With the help of a letter from Rufus Choate to william m. evarts (who would become secretary of state for President rutherford b. hayes from 1877 to 1881), Choate joined the law office of Butler, Evarts, and Southmayd.

Choate's skills as an orator made him a formidable litigator. He appeared in hundreds of cases covering a wide range of controversies. One of the most notorious of these cases was the prosecution of William Marcy ("Boss") Tweed. Tweed, elected to the New York State Senate in 1868, headed tammany hall, a corrupt political organization in New York City that was controlled by the democratic party. In 1871 Choate was appointed to the committee that

eventually charged Tweed with embezzling funds from the city treasury.

"Law is the expression and the perfection of common sense."
—Joseph Choate

Many of Choate's cases involved matters of national importance and were appealed to the U.S. Supreme Court. Choate unsuccessfully fought Kansas's liquor prohibition in Mugler v. Kansas, 123 U.S. 623, 8 S. Ct. 273, 31 L. Ed. 205 (1887), and anti-Chinese legislation in Fong v. United States, 149 U.S. 698, 13 S. Ct. 1016, 37 L. Ed. 905 (1893). He successfully appealed claims of certain Native Americans that the government had reneged on a treaty and deprived them of their land in New York Indians v. United States, 170 U.S. 1, 18 S. Ct. 531, 42 L. Ed. 927 (1898). In the landmark case pollock v. farmers' loan &

trust co., 157 U.S. 429, 15 S. Ct. 673, 39 L. Ed. 759 (1895), reh'g granted, 158 U.S. 601, 15 S. Ct. 912, 39 L. Ed. 1108 (1895), overruled by South Carolina v. Baker, 485 U.S. 505, 108 S. Ct. 1355, 99 L. Ed. 2d 592 (1988), Choate won a constitutional challenge to an income tax act of 1894. In his winning argument, Choate said, "The act … is communistic in its purposes and tendencies, and is defended here upon principles as communistic, socialistic—what should I call them—populistic as ever have been addressed to any political assembly in the world."

Choate's prominence as an attorney attracted the attention of the White House and in January 1899, President william mckinley appointed Choate ambassador to the Court of St. James's, in England. As ambassador Choate negotiated the Hay-Pauncefote Treaty, which allowed the U.S. government to build and operate the Panama Canal. Choate was also instrumental in gaining an "open door" to China, and he resolved a controversy over Samoa with Germany and the United Kingdom. In 1907 Choate headed the delegation from the United States at the International Peace Conference at The Hague.

Choate supported many charitable causes. He was president of the New York State Charities Aid Association and of the Association of the Blind. Choate was a member of the Provisional Committee of 1869 which was appointed to establish the Metropolitan Museum of Art. He continued his relationship with the museum as one of its incorporators and as a member of the executive committee of the board of trustees. He was also an incorporator and officer of the Museum of Natural History.

Choate's successes were due in part to his talents as a public speaker. His keen intellect and engaging speaking style combined with his sense of humor to captivate audiences. No lawyer of the New York bar was in as much demand at public functions. He had speaking engagements before the New England Society, the Union League Club, and the Century Association before and during his presidency of these societies, at dinners and receptions of the bar association, and at innumerable philanthropic events. Shortly after Choate had passed his eighty-fifth birthday he was appointed chairman of a committee of citizens to receive French and British commissioners on a visit to the United States. He was in poor health but he survived long enough to fulfill his duties. Choate died May 14, 1917, in New York City.

Choate once described the path of his career as follows:

To be a priest… in the temple of justice, to serve at her altar and aid in her administration, to maintain and defend those inalienable rights of life, liberty, and property upon which the safety of society depends, to succor the oppressed and to defend the innocent, to maintain constitutional rights against all violations, … to rescue the scapegoat and restore him to his proper place in the world—all this seemed to me to furnish a field worthy of any man's ambition.

further readings

Hicks, Frederick C., ed. 1926. Arguments and Addresses of Joseph Hodges Choate.

Lasson, Kenneth. "Lawyering Askew: Excesses in the Pursuit of Fees and Justice." Boston University Law Review 74.

Martin, Edward S. 1921. The Life of Joseph Hodges Choate. Vols. 1 and 2. New York: Scribner.

Simmons, Daniel L. 1987. "The Tax Reform Act of 1986: An Overview." Brigham Young University Law Review.

Strong, Theron G. 1917. Joseph Choate: New Englander, New Yorker, Lawyer, Ambassador. New York: Dodd, Mead.

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Choate, Joseph Hodges

Joseph Hodges Choate (chōt), 1832–1917, American lawyer and diplomat, b. Salem, Mass.; nephew of Rufus Choate. After being admitted (1855) to the bar, he moved to New York City. His legal career lasted over 50 years and included many famous cases; his brilliant presentation of cases won him an unrivaled reputation. Choate twice helped to arouse New York City to defeat the Tammany political machine—in 1871, when the Tweed Ring was exposed (see Tweed, William Marcy), and again in 1894. He was president (1894) of the New York state constitutional convention and helped win public approval of the new constitution. In 1899 President William McKinley appointed him ambassador to Great Britain, and he served for six years with distinction, helping to promote Anglo-American friendship. In 1907 he headed the American delegation to the Second Hague Conference.

See his autobiography, Boyhood and Youth (1917); biographies by T. G. Strong (1917) and E. S. Martin (2 vol., 1920).

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