Oliver Wendell Holmes, Jr.
Associate Justice of the United States Supreme Court
In office December 4, 1902[1] – January 12, 1932
Nominated by	Theodore Roosevelt
Preceded by	Horace Gray
Succeeded by	Benjamin N. Cardozo
Personal details
Born	(1841-03-08)March 8, 1841 Boston, Massachusetts
Died	March 6, 1935(1935-03-06) (aged 93) Washington, D.C.
Spouse(s)	Fanny Bowditch Dixwell

Oliver Wendell Holmes, Jr. (March 8, 1841 – March 6, 1935) was an American jurist who served as an Associate Justice of the Supreme Court of the United States from 1902 to 1932. Noted for his long service, his concise and pithy opinions and his deference to the decisions of elected legislatures, he is one of the most widely cited United States Supreme Court justices in history, particularly for his "clear and present danger" majority opinion in the 1919 case of Schenck v. United States, and is one of the most influential American common law judges through his outspoken judicial restraint philosophy.^[2] Holmes retired from the Court at the age of 90, making him the oldest Justice in the Supreme Court's history. He also served as an Associate Justice and as Chief Justice on the Massachusetts Supreme Judicial Court, and was Weld Professor of Law at the Harvard Law School, of which he was an alumnus.

Profoundly influenced by his experience fighting in the American Civil War, Holmes helped move American legal thinking away from formalism and towards legal realism, as summed up in his maxim: "The life of the law has not been logic; it has been experience."^[3] Holmes espoused a form of moral skepticism and opposed the doctrine of natural law, marking a significant shift in American jurisprudence. As he wrote in one of his most famous decisions, his dissent in Abrams v. United States (1919), he regarded the United States Constitution as "an experiment, as all life is an experiment" and believed that as a consequence "we should be eternally vigilant against attempts to check the expression of opinions that we loathe and believe to be fraught with death."^[4] During his tenure on the Supreme Court, to which he was appointed by President Theodore Roosevelt, he supported efforts for economic regulation and advocated broad freedom of speech under the First Amendment. These positions as well as his distinctive personality and writing style made him a popular figure, especially with American progressives,^[5] despite his deep cynicism and disagreement with their politics.^[6] His jurisprudence influenced much subsequent American legal thinking, including judicial consensus supporting New Deal regulatory law, pragmatism, critical legal studies, and law and economics.^[5] The Journal of Legal Studies has identified Holmes as one of the three most cited American legal scholars of the 20th century.^[7]

Early life[link]

Holmes was born in Boston, Massachusetts, the son of the prominent writer and physician Oliver Wendell Holmes, Sr. and abolitionist Amelia Lee Jackson. As a young man, Holmes loved literature and supported the abolitionist movement that thrived in Boston society during the 1850s. He graduated from Harvard University in 1861, where he was elected to the Phi Beta Kappa honor society^[8] and was a brother of the Alpha Delta Phi. Additionally, Holmes was a member of the Porcellian Club, an exclusive organization, during his senior year at Harvard.^[9]

Civil War[link]

Daguerreotype showing Holmes in his uniform, 1861

During his senior year of college, at the outset of the American Civil War, Holmes enlisted in the fourth battalion, Massachusetts militia, and then received a commission as first lieutenant in the Twentieth Regiment of Massachusetts Volunteer Infantry. He saw much action, from the Peninsula Campaign to the Wilderness, suffering wounds at the Battle of Ball's Bluff, Antietam, and Fredericksburg. Holmes particularly admired and was close to his fellow officer in the 20th Mass., Henry Livermore Abbott. Holmes is said to have shouted at Lincoln to take cover during the Battle of Fort Stevens, although this is commonly regarded as apocryphal.^[10][11][12] In the biography Justice Oliver Wendell Holmes: Law and the Inner Self by G. Edward White, the author states "the authenticity of the story is highly questionable", noting "the absence of confirmatory evidence in Holmes' own recollections of his services defending Fort Stevens".^[13]

Legal career[link]

State Judgeship[link]

Oliver Wendell Holmes Jr. as a young man

After the war's conclusion, Holmes returned to Harvard to study law. He was admitted to the bar in 1866, and went into practice in Boston. He joined a small firm, and married a childhood friend, Fanny Bowditch Dixwell. Their marriage lasted until her death on April 30, 1929. They never had children together. They did adopt and raise an orphaned cousin, Dorothy Upham. Mrs. Holmes was described as devoted, witty, wise, tactful, and perceptive.

Whenever he could, Holmes visited London during the social season of spring and summer. He formed his closest friendships with men and women there, and became one of the founders of what was soon called the "sociological" school of jurisprudence in Great Britain, which would be followed a generation later by the "legal realist" school in America.

Holmes practiced admiralty law and commercial law in Boston for fifteen years. In 1870, Holmes became an editor of the American Law Review, edited a new edition of Kent's Commentaries on American Law in 1873, and published numerous articles on the common law. In 1881, he published the first edition of his well-regarded book The Common Law, in which he summarized the views he developed in the preceding years. In the book, Holmes sets forth his view that the only source of law, properly speaking, is a judicial decision. Judges decide cases on the facts, and then write opinions afterward presenting a rationale for their decision. The true basis of the decision is often an "inarticulate major premise" outside the law. A judge is obliged to choose between contending legal theories, and the true basis of his decision is necessarily drawn from outside the law. These views endeared Holmes to the later advocates of legal realism and made him one of the early founders of law and economics jurisprudence.

Holmes was considered for a federal court judgeship in 1878 by President Rutherford B. Hayes, but Massachusetts Senator George Frisbie Hoar convinced Hayes to nominate another candidate. In the fall of 1882, Holmes became a professor at Harvard Law School. On Friday December 8, 1882, Supreme Judicial Court of Massachusetts associate justice Otis Lord decided to resign, giving outgoing Republican governor John Davis Long a chance to appoint his successor, if it could be done before the Massachusetts Governor's Council adjourned at 3pm. Holmes quickly agreed, and there being no objection by the Council, took the oath of office on December 15, 1882. His resignation was accepted effective that day by the law school. On August 2, 1899, Holmes became Chief Justice of the Massachusetts Supreme Judicial Court following the death of Walbridge A. Field.

During his service on the Massachusetts court, Holmes continued to develop and apply his views of the common law, usually following precedent faithfully. He issued few constitutional opinions in these years, but carefully developed the principles of free expression as a common-law doctrine. He departed from precedent to recognize workers' right to organize trade unions as long as no violence or coercion was involved, stating in his opinions that fundamental fairness required that workers be allowed to combine to compete on an equal footing with employers.

Supreme Court[link]

Overview[link]

Holmes's Supreme Court nomination

On August 11, 1902, Holmes received a recess appointment from President Theodore Roosevelt naming Holmes to a seat on the United States Supreme Court vacated by Justice Horace Gray, who had retired in July 1902 as a result of illness. The appointment was made on the recommendation of Senator Henry Cabot Lodge (Roosevelt reportedly admired Holmes's "Soldier's Faith" speech as well). Holmes' appointment has been referred to as one of the few Supreme Court appointments in history not motivated by partisanship or politics, but strictly based on the nominee's contribution to law.^[14]

Formally nominated on December 2, 1902, Holmes was unanimously confirmed by the United States Senate on December 4, receiving his commission the same day. According to some accounts, Holmes assured Roosevelt that he would vote to sustain the administration's position that not all the provisions of the United States Constitution applied to possessions acquired from Spain, an important question on which the Court was then evenly divided. On the bench, Holmes did vote to support the administration's position in the "Insular Cases." However, he later disappointed Roosevelt by dissenting in Northern Securities Co. v. United States, a major antitrust prosecution;^[15] the majority of the court, however, did rule against Holmes and sided with Theodore Roosevelt's belief that Northern Securities violated the Sherman Anti-Trust Act.^[15] This action by Holmes brought his relationship with Theodore Roosevelt to an abrupt halt.^[16]

In the year of his appointment to the United States Supreme Court

Holmes was known for his pithy, short, and frequently quoted opinions. In more than twenty-nine years on the Supreme Court bench, he ruled on cases spanning the whole range of federal law. He is remembered for prescient opinions on topics as widely separated as copyright, the law of contempt, the antitrust status of professional baseball, and the oath required for citizenship. Holmes, like most of his contemporaries, viewed the Bill of Rights as codifying privileges obtained over the centuries in English and American law. Beginning with his first opinion for the Court, in Otis v. Parker, Holmes declared that "due process of law," the fundamental principle of fairness, protected people from unreasonable legislation, but was limited to only those fundamental principles enshrined in the common law and did not protect most economic interests. In a series of opinions surrounding the WWI Espionage Act and Sedition Act, he held that the freedom of expression guaranteed by federal and state constitutions simply declared a common-law privilege to do harm, except in cases where the expression, in the circumstances in which it was uttered, posed a "clear and present danger" of causing some harm that the legislature had properly forbidden. In Schenck v. United States, Holmes announced this doctrine for a unanimous Court, famously declaring that the First Amendment would not protect a person "falsely shouting fire in a theatre and causing a panic."

File:Freedom of speech in war times.djvu

The following year, however, in Abrams v. United States, Holmes — influenced by Zechariah Chafee's article "Freedom of Speech in War Time"^[17] — delivered a strongly worded dissent in which he criticized the majority's use of the clear and present danger test, arguing that protests by political dissidents posed no actual risk of interfering with war effort. In his dissent, he accused the Court of punishing the defendants for their opinions rather than their acts. Although Holmes evidently believed that he was adhering to his own precedent, many later commentators accused Holmes of inconsistency, even of seeking to curry favor with his young admirers. The Supreme Court departed from his views where the validity of a statute was in question, adopting the principle that a legislature could properly declare that some forms of speech posed a clear and present danger, regardless of the circumstances in which they were uttered.

From Taft's departure on February 3, 1930 until Hughes took office on February 24, 1930, Holmes was briefly Acting Chief Justice under 36 Stat. 1152.^[18]

By the time Holmes was 80, he had dissented in so many opinions that he became known as "The Great Dissenter,"^[19] a title which has been carried through the years to refer to various U.S. Supreme Court justices, including Justice John Marshall Harlan,^[20] with the latest being Justice William Brennan.^[21]

In 1927, Holmes wrote the 8-1 majority opinion in the Buck v. Bell case that upheld the forced sterilization of a woman who was claimed to be of below average intelligence. In support of his argument that the interest of the states in a pure gene pool outweighed the interest of individuals in their bodily integrity, he argued: "We have seen more than once that the public welfare may call upon the best citizens for their lives. It would be strange if it could not call upon those who already sap the strength of the State for these lesser sacrifices, often not felt to be such by those concerned, to prevent our being swamped with incompetence. It is better for all the world, if instead of waiting to execute degenerate offspring for crime, or to let them starve for their imbecility, society can prevent those who are manifestly unfit from continuing their kind. The principle that sustains compulsory vaccination is broad enough to cover cutting the Fallopian tubes. Three generations of imbeciles are enough." ^[22]

Jurisprudential contributions[link]

Critique of Formalism[link]

While at Harvard Law School, Holmes gravitated toward a circle of philosophers and social scientists known as the Metaphysical Club, which united by Pragmatism. Applied to law, this approach suggests that rules are not deduced through formal logic but rather emerge from active process of human-self government.^[23] He explored these theories in his 1881 book The Common Law. His philosophy represented a departure from the prevailing jurisprudence of the time: legal formalism. Holmes sought to reinvent common law — to modernize it as a tool for adjusting to the changing nature of modern life.^[23]

Central to this reconstruction was the question of liability. In the late nineteenth century, formalist legal doctrine held that an individual could not be liable for acts he did not cause or were beyond his control. Under this formulation, liability required intent, which could be problematic because "it requires judges and juries to make subjective judgments about individual states of mind."^[23] Thus Holmes considered an alternative to this intent standard, the law could declare liability absolute so individuals would be held legally accountable for all voluntary acts regardless of prior intent or knowledge--strict liability. The proper object of law, Holmes argued, was not to instill individual morality through punishment, but rather to publicize social duties to give individuals a fair chance to avoid doing harm before being held responsible for it.^[24]

Holmes argued that a new common law standard that liability be based on the conduct that society expects the "reasonable and prudent man" to exercise. In criminal law, he developed depraved-heart murder. If a construction worker throws a beam onto a crowded street,

Legal skepticism[link]

Justice Holmes laid the foundation of healthy and constructive skepticism in the law. Hughes writes: "Though another half century was to elapse before the appearance of Ogden and Richards' The Meaning of Meaning, exploration of meaning of meaning of law was Holmes's pioneer enterprise."^[25] Hughes further writes: "To me, Mr. Justice Holmes is a prophet of the Law."^[26]

In 1881, Holmes published The Common Law, representing a new departure in legal philosophy. Through his writings, he changed general attitude to the law. An excerpt from the opening passage captures the pragmatic theme of that work and of Holmes's philosophy of law: "The life of the law has not been logic; it has been experience."

In a dissenting opinion in Lochner v. New York (1905) ^[27] Holmes declared that the law should develop along with society and that the 14th Amendment did not deny states a right to experiment with social legislation. He also argued for judicial restraint, asserting that the Court should not interpret the Constitution according to its own social philosophy. Francis Biddle writes: "He was convinced that one who administers constitutional law should multiply his skepticisms to avoid heading into vague words like 'liberty', and reading into law his private convictions or the prejudices of his class."^[28] Biddle also said that Holmes "refused to let his preferences (other men were apt to call them convictions) interfere with his judicial decisions...The steadily held determination to keep his own views isolated from his professional work is aptly shown by his famous remark in the Lochner case - the Fourteenth Amendment does not enact Mr. Herbert Spencer's Social Statics...A constitution is not intended to embody a particular economic theory."^{[clarification needed]}

According to Holmes, "Men make their own laws...these laws do not flow from some mysterious omnipresence in the sky, and...judges are not independent mouthpieces of the infinite.^[29] The common law is not a brooding omnipresence in the sky."^[30] Holmes compared the Law to a bad man "who cares only for the material consequences of things" rather than as an independent moral entity.^{[31][clarification needed]} Holmes defined the law in accordance with his pragmatic judicial philosophy. Rather than a set of abstract, rational, mathematical, or in any way unwordly set of principals, Holmes said that, "[T]he prophecies of what the courts will do in fact, and nothing more pretentious, are what I mean by the law."^[30] Accordingly, Holmes thought that only a judge or lawyer who is acquainted with the historical, social, and economic aspects of the law would be in a position to fulfill his functions properly.

As a justice of U.S. Supreme Court, Holmes challenged a traditionalist concept of the Constitution that said that the written document does not change, so neither should its interpretation.^[vague] Holmes also protested against Formalism, the method of abstract logical deduction from general rules in the judicial process. According to Holmes, lawyers and judges are not logicians and mathematicians. The books of the laws are not books of logic and mathematics. He writes, "The life of the law has not been logic; it has been experience. The felt necessities of the time, the prevalent moral and political theories, intuitions of public policy, avowed or unconscious, and even the prejudices which judges share with their fellow-men, have had a good deal more to do than syllogism in determining the rules by which men should be governed. The law embodies the story of a nation's development through many centuries, and it cannot be dealt with as if it contained only the axioms and corollaries of a book of mathematics."^[32]

Holmes also insisted on the separation of "ought" and "is," which are obstacles in understanding the realities of the law.^{[clarification needed]} As a moral skeptic, Holmes stated that if you want to know the real law, and nothing else, you must consider it from the point of view of a "bad man" who cares only of the material consequences of the courts' decisions, and not from the point of view of a good man, who find his reasons for conduct "in the vaguer sanctions of his conscience."^{[33][clarification needed]} The law is full of phraseology drawn from morals, and talks about rights and duties, malice, intent, and negligence - and nothing is easier in legal reasoning than to take these words in their moral sense.^{[34][clarification needed]} Holmes said, "I think our morally tinted words have caused a great deal of confused thinking." But Holmes is not unconcerned with moral questions. He writes, "The law is the witness and external deposit of our moral life. Its history is the history of the moral development of the race. The practice of it, in spite of popular jests, tends to make good citizens and good men. When I emphasize the difference between law and morals I do so with reference to a single end, that of learning and understanding the law.:^[35] George Washington University law professor Jeffrey Rosen summarized Holmes' views on politics and the law this way: "Holmes was a cold and brutally cynical man who had contempt for the masses and for the progressive laws he voted to uphold."^[6]

Retirement, death, honors and legacy[link]

1968 postage stamp issued by the U.S. Post Office to commemorate Oliver Wendell Holmes, Jr.

Holmes served on the court until January 12, 1932, when his brethren on the court, citing his advanced age, suggested that the time had come for him to step down. By that time, at 90 years of age, he was the oldest justice to serve in the court's history. Three years later, Holmes died of pneumonia in Washington, D.C. in 1935, two days short of his 94th birthday. In his will, Holmes left his residuary estate to the United States government (he had earlier said that "Taxes are what we pay for civilized society" in Compañia General de Tabacos de Filipinas vs. Collector of Internal Revenue, 275 U.S. 87, 100 (1927).) After his death, his personal effects included his Civil War Officer's uniform still stained with his blood and 'torn with shot' as well as the carefully wrapped Minié balls that had wounded him three times in separate battles. He was buried in Arlington National Cemetery.^[36] The United States Postal Service honored Holmes with a Prominent Americans series (1965–1978) 15¢ postage stamp.

Holmes's papers, donated to Harvard Law School, were kept closed for many years after his death, a circumstance that gave rise to numerous accounts of his life. Catherine Drinker Bowen's biography "Yankee from Olympus" was a long-time bestseller, and the 1951 Hollywood motion picture The Magnificent Yankee was based on a play about Holmes's life. The availability of the extensive Holmes papers in the 1980s has led to fuller biographies.

Harvard Medical School names one of its five student societies after his father, Doctor Oliver Wendell Holmes.

Theatre, film, television, and fictional portrayals[link]

American actor Louis Calhern portrayed Holmes in the 1946 play The Magnificent Yankee, with Dorothy Gish as Holmes's wife, and in 1950, Calhern repeated his performance in MGM's film version The Magnificent Yankee, for which he received his only Academy Award nomination. Ann Harding co-starred in the film. A 1965 television adaptation of the play starred Alfred Lunt and Lynn Fontanne in one of their few appearances on the small screen.

In the movie Judgment at Nuremberg (1961), defense advocate Hans Rolfe quotes Justice Oliver Wendell Holmes twice with the following:

This responsibility will not be found only in documents that no one contests or denies. It will be found in considerations of a political or social nature. It will be found, most of all in the character of men.

See also[link]

References[link]

Bibliography[link]

• Holmes, Oliver Wendell (1995). The Collected Works of Justice Holmes (S. Novick, ed.). Chicago: University of Chicago Press. ISBN 0-226-34966-7. 
• Alschuler, Albert W. (2000). Law Without Values: The Life, Work, and Legacy of Justice Holmes. Chicago: University of Chicago Press. ISBN 0-226-01520-3. 
• Frankfurter, Felix (1916). "The Constitutional Opinions of Justice Holmes". Harvard Law Review 29 (6): 683–702. DOI:10.2307/1326500. JSTOR 1326500. 
• Kearns Goodwin, Doris (2005). Team of Rivals: The Political Genius of Abraham Lincoln. New York: Simon & Schuster. ISBN 0-7432-7075-4. 
• Novick, Sheldon M. (1989). Honorable Justice: The Life of Oliver Wendell Holmes. Boston: Little, Brown and Company. ISBN 0-316-61325-8. 
• Posner, Richard A., ed. (1992). The Essential Holmes: Selections from the Letters, Speeches, Judicial Opinions and Other Writings of Oliver Wendell Holmes, Jr.. University of Chicago Press. ISBN 0-226-67554-8. 

• 11th Edition Encyclopædia Britannica (1911)

• Collins, Ronald K.L., ed., The Fundamental Holmes: A Free Speech Chronicle and Reader (Cambridge University Press, 2010)

Further reading[link]

• Abraham, Henry J., Justices and Presidents: A Political History of Appointments to the Supreme Court. 3d. ed. (New York: Oxford University Press, 1992). ISBN 0-19-506557-3.
• Brown, Richard Maxwell, "No Duty to Retreat: Violence and Values in American History and Society." (University of Oklahoma Press, Norman Publishing Division of the University, by arrangement with Oxford University Press, Inc. 1991). ISBN 0-8061-268-3
• Cushman, Clare, The Supreme Court Justices: Illustrated Biographies,1789-1995 (2nd ed.) (Supreme Court Historical Society), (Congressional Quarterly Books, 2001) ISBN 1-56802-126-7; ISBN 978-1-56802-126-3.
• Frank, John P., The Justices of the United States Supreme Court: Their Lives and Major Opinions (Leon Friedman and Fred L. Israel, editors) (Chelsea House Publishers: 1995) ISBN 0-7910-1377-4, ISBN 978-0-7910-1377-9.
• Hall, Kermit L., ed., The Oxford Companion to the Supreme Court of the United States. New York: Oxford University Press, 1992. ISBN 0-19-505835-6; ISBN 978-0-19-505835-2.
• Lerner, Max, ed., The Mind and Faith of Justice Holmes: His Speeches, Essays, Letters and Judicial Opinions. Boston: Little, Brown and Company, 1945.
• Lewis, Anthony, Freedom for the Thought That We Hate: A Biography of the First Amendment (Basic ideas. New York: Basic Books, 2007). ISBN 0-465-03917-0.
• Martin, Fenton S. and Goehlert, Robert U., The U.S. Supreme Court: A Bibliography, (Congressional Quarterly Books, 1990). ISBN 0-87187-554-3.
• Menand, Louis, The Metaphysical Club: A Story of Ideas in America(New York: Farrar, Straus, and Giroux). 546 pp.
• Urofsky, Melvin I., The Supreme Court Justices: A Biographical Dictionary (New York: Garland Publishing 1994). 590 pp. ISBN 0-8153-1176-1; ISBN 978-0-8153-1176-8.

External links[link]

Wikimedia Commons has media related to: Oliver Wendell Holmes

Wikisource has original works written by or about: Oliver Wendell Holmes, Jr.

Wikiquote has a collection of quotations related to: Oliver Wendell Holmes, Jr.

• Oliver Wendell Holmes, Jr., American Jurist
• Works by Oliver Wendell Holmes at Project Gutenberg
• "BUCK v. BELL, 274 U.S. 200 (1927)". FindLaw. http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=274&invol=200. Retrieved 2009-07-22. 
• Holmes' Dissenting Opinion, Abrams vs. United States, 10 November 1919
• "Finding aid for Oliver Wendell Holmes, Jr., Papers, 1841-1935.". Harvard Law School Library. http://oasis.lib.harvard.edu/oasis/deliver/findingAidDisplay?_collection=oasis&inoid=4850. 
• Booknotes interview with Liva Baker on The Justice from Beacon Hill: The Life and Times of Oliver Wendell Holmes, September 8, 1991.

Supreme Court of the United States

The Fuller Court Chief Justice: Melville Weston Fuller (1888–1910) 1902–1903: J. M. Harlan | D.J. Brewer | H.B. Brown | Geo. Shiras, Jr. | E.D. White | R.W. Peckham | J. McKenna | O.W. Holmes 1903–1906: J. M. Harlan | D.J. Brewer | H.B. Brown | E.D. White | R.W. Peckham | J. McKenna | O.W. Holmes | Wm. R. Day 1906–1909: J. M. Harlan | D.J. Brewer | E.D. White | R.W. Peckham | J. McKenna | O.W. Holmes | Wm. R. Day | Wm. H. Moody Jan–Mar 1910: J. M. Harlan | D.J. Brewer | E.D. White | J. McKenna | O.W. Holmes | Wm. R. Day | Wm. H. Moody | H.H. Lurton Mar–Jul 1910: J. M. Harlan | E.D. White | J. McKenna | O.W. Holmes | Wm. R. Day | Wm. H. Moody | H.H. Lurton The White Court Chief Justice: Edward Douglass White (1910–1921) 1910: J. M. Harlan | J. McKenna | O.W. Holmes | Wm. R. Day | Wm. H. Moody | H.H. Lurton | C.E. Hughes 1911: J. M. Harlan | J. McKenna | O.W. Holmes | Wm. R. Day | H.H. Lurton | C.E. Hughes | W. Van Devanter | J.R. Lamar 1912–1914: J. McKenna | O.W. Holmes | Wm. R. Day | H.H. Lurton | C.E. Hughes | W. Van Devanter | J.R. Lamar | M. Pitney 1914–1916: J. McKenna | O.W. Holmes | Wm. R. Day | C.E. Hughes | W. Van Devanter | J.R. Lamar | M. Pitney | J.C. McReynolds 1916–1921: J. McKenna | O.W. Holmes | Wm. R. Day | W. Van Devanter | M. Pitney | J.C. McReynolds | L.D. Brandeis | J. H. Clarke The Taft Court Chief Justice: William Howard Taft (1921–1930) 1921–1922: J. McKenna | O.W. Holmes | Wm. R. Day | W. Van Devanter | M. Pitney | J.C. McReynolds | L.D. Brandeis | J.H. Clarke 1922: J. McKenna | O.W. Holmes | Wm. R. Day | W. Van Devanter | M. Pitney | J.C. McReynolds | L.D. Brandeis | Geo. Sutherland 1923–1925: J. McKenna | O.W. Holmes | W. Van Devanter | J.C. McReynolds | L.D. Brandeis | Geo. Sutherland | P. Butler | E.T. Sanford 1925–1930: O.W. Holmes | W. Van Devanter | J.C. McReynolds | L.D. Brandeis | Geo. Sutherland | P. Butler | E.T. Sanford | H.F. Stone The Hughes Court Chief Justice: Charles Evans Hughes (1930–1941) Feb–Mar 1930: O.W. Holmes | W. Van Devanter | J.C. McReynolds | L.D. Brandeis | Geo. Sutherland | P. Butler | E.T. Sanford | H.F. Stone Jun 1930–1932: O.W. Holmes | W. Van Devanter | J.C. McReynolds | L.D. Brandeis | Geo. Sutherland | P. Butler | H.F. Stone | O.J. Roberts

Oliver Wendell Holmes, Sr.
Holmes in about 1853
Born	(1809-08-29)August 29, 1809 Cambridge, Massachusetts
Died	October 7, 1894(1894-10-07) (aged 85) Boston, Massachusetts

Oliver Wendell Holmes, Sr. (August 29, 1809 – October 7, 1894) was an American physician, poet, professor, lecturer, and author. Regarded by his peers as one of the best writers of the 19th century, he is considered a member of the Fireside Poets. His most famous prose works are the "Breakfast-Table" series, which began with The Autocrat of the Breakfast-Table (1858). He is also recognized as an important medical reformer.

Born in Cambridge, Massachusetts, Holmes was educated at Phillips Academy and Harvard College. After graduating from Harvard in 1829, he briefly studied law before turning to the medical profession. He began writing poetry at an early age; one of his most famous works, "Old Ironsides", was published in 1830 and was influential in the eventual preservation of the USS Constitution. Following training at the prestigious medical schools of Paris, Holmes was granted his M.D. from Harvard Medical School in 1836. He taught at Dartmouth Medical School before returning to teach at Harvard and, for a time, served as dean there. During his long professorship, he became an advocate for various medical reforms and notably posited the controversial idea that doctors were capable of carrying puerperal fever from patient to patient. Holmes retired from Harvard in 1882 and continued writing poetry, novels and essays until his death in 1894.

Surrounded by Boston's literary elite—which included friends such as Ralph Waldo Emerson, Henry Wadsworth Longfellow, and James Russell Lowell—Holmes made an indelible imprint on the literary world of the 19th century. Many of his works were published in The Atlantic Monthly, a magazine that he named. For his literary achievements and other accomplishments, he was awarded numerous honorary degrees from universities around the world. Holmes's writing often commemorated his native Boston area, and much of it was meant to be humorous or conversational. Some of his medical writings, notably his 1843 essay regarding the contagiousness of puerperal fever, were considered innovative for their time. He was often called upon to issue occasional poetry, or poems written specifically for an event, including many occasions at Harvard. Holmes also popularized several terms, including "Boston Brahmin" and "anesthesia".

Life and career[link]

Early life and family[link]

Birthplace of Oliver Wendell Holmes in Cambridge

Holmes was born in Cambridge, Massachusetts, on August 29, 1809. His birthplace, a house just north of Harvard Yard, was said to have been the place where the Battle of Bunker Hill was planned.^[1] He was the first son of Abiel Holmes (1763–1837), minister of the First Congregational Church^[2] and avid historian, and Sarah Wendell, Abiel's second wife. Sarah was the daughter of a wealthy family, and Holmes was named for his maternal grandfather, a judge.^[3] The first Wendell, Evert Jansen, left Holland in 1640 and settled in Albany, New York. Also through his mother, Holmes was descended from Massachusetts Governor Simon Bradstreet and his wife, Anne Bradstreet (daughter of Thomas Dudley), the first published American poet.^[4]

From a young age, Holmes was small and suffered from asthma, but he was known for his precociousness. When he was eight, he took his five-year-old brother, John, to witness the last hanging in Cambridge's Gallows Lot and was subsequently scolded by his parents.^[5] He also enjoyed exploring his father's library, writing later in life that "it was very largely theological, so that I was walled in by solemn folios making the shelves bend under the load of sacred learning."^[6] After being exposed to poets such as John Dryden, Alexander Pope and Oliver Goldsmith, the young Holmes began to compose and recite his own verse. His first recorded poem, which was copied down by his father, was written when he was 13.^[7]

Although a talented student, the young Holmes was often admonished by his teachers for his talkative nature and habit of reading stories during school hours.^[8] He studied under Dame Prentiss and William Bigelow before enrolling in what was called the "Port School", a select private academy in the Cambridgeport settlement.^[9] One of his schoolmates was future critic and author Margaret Fuller, whose intellect Holmes admired.^[10]

Education[link]

Holmes's father sent him to Phillips Academy in Andover, Massachusetts, at the age of 15.^[2] Abiel chose Phillips, which was known for its orthodox Calvinist teachings, because he hoped his oldest son would follow him into the ministry.^[11] Holmes had no interest in becoming a theologian, however, and as a result he did not enjoy his single year at Andover. Although he achieved distinction as an elected member of the Social Fraternity, a literary club, he disliked the "bigoted, narrow-minded, uncivilized" attitudes of most of the school's teachers.^[12] One teacher in particular, however, noted his young student's talent for poetry, and suggested that he pursue it. Shortly after his sixteenth birthday, Holmes was accepted by Harvard College.^[13]

Oliver Wendell Holmes in 1841

As a member of Harvard's class of 1829, Holmes lived at home for the first few years of his college career rather than in the dormitories. Since he measured only "five feet three inches when standing in a pair of substantial boots",^[14] the young student had no interest in joining a sports team or the Harvard Washington Corps. Instead, he allied himself with the "Aristocrats" or "Puffmaniacs", a group of students who gathered in order to smoke and talk.^[15] As a town student and the son of a minister, however, he was able to move between social groups.^[16] He also became friends with Charles Chauncy Emerson (brother of Ralph Waldo Emerson), who was a year older. During sophomore year, Holmes was one of 20 students awarded the scholastic honor Deturs, which came with a copy of The Poems of James Graham, John Logan, and William Falconer. Despite his scholastic achievements, the young scholar admitted to a schoolmate from Andover that he did not "study as hard as I ought to'.^[17] He did, however, excel in languages and took classes in French, Italian and Spanish.

Holmes's academic interests and hobbies were divided among law, medicine, and writing. He was elected to Harvard's Hasty Pudding Club, for which he wrote humorous poems and songs, and the Phi Beta Kappa honor society.^[18] With two friends, he collaborated on a small book entitled Poetical Illustrations of the Athenaeum Gallery of Painting, which was a collection of satirical poems about the new art gallery in Boston. He was asked to provide an original work for his graduating class's commencement and wrote a "light and sarcastic" poem that met with great acclaim.^[19] Following graduation, Holmes intended to go into the legal profession, so he lived at home and studied at the Harvard Law School (named Dane School at the time).^[20] By January 1830, however, he was disenchanted with legal studies. "I am sick at heart of this place and almost everything connected to it", he wrote. "I know not what the temple of law may be to those who have entered it, but to me it seems very cold and cheerless about the threshold."^[21]

Poetic beginnings[link]

1830 proved to be an important year for Holmes as a poet; while disappointed by his law studies, he began writing poetry for his own amusement.^[22] Before the end of the year, he had produced over fifty poems, contributing twenty-five of them (all unsigned) to The Collegian, a short-lived publication started by friends from Harvard.^[23] Four of these poems would ultimately become among his best-known: "The Dorchester Giant", "Reflections of a Proud Pedestrian", "Evening / By a Tailor" and "The Height of the Ridiculous".^[20] Nine more of his poems were published anonymously in the 1830 pamphlet Illustrations of the Athenaeum Gallery of Paintings.^[24]

USS Constitution at sail in 1997

In September of that same year, Holmes read a short article in the Boston Daily Advertiser about the renowned 18th century frigate USS Constitution, which was to be dismantled by the Navy.^[25] Holmes was moved to write "Old Ironsides" in opposition of the ship's scrapping. The patriotic poem was published in the Advertiser the very next day and was soon printed by papers in New York, Philadelphia and Washington.^[26] It not only brought the author immediate national attention,^[27] but the three-stanza poem also generated enough public sentiment that the historic ship was preserved.

During the rest of the year, Holmes published only five more poems.^[28] His last major poem that year was "The Last Leaf", which was inspired in part by a local man named Thomas Melvill, "the last of the cocked hats" and one of the "Indians" from the 1774 Boston Tea Party. Holmes would later write that Melvill had reminded him of "a withered leaf which has held to its stem through the storms of autumn and winter, and finds itself still clinging to its bough while the new growths of spring are bursting their buds and spreading their foliage all around it."^[29] Literary critic Edgar Allan Poe called the poem one of the finest works in the English language.^[30] Years later, Abraham Lincoln would also become a fan of the poem; William Herndon, Lincoln's law partner and biographer, wrote in 1867: "I have heard Lincoln recite it, praise it, laud it, and swear by it".^[31]

Although he experienced early literary success, Holmes did not consider turning to a literary profession. Later he would write that he had "tasted the intoxicating pleasure of authorship" but compared such contentment to a sickness, saying: "there is no form of lead-poisoning which more rapidly and thoroughly pervades the blood and bones and marrow than that which reaches the young author through mental contact with type metal".^[32]

Medical training[link]

Having given up on the study of law, Holmes switched to medicine. After leaving his childhood home in Cambridge during the autumn of 1830, he moved into a boardinghouse in Boston to attend the city's medical college. At that time, students studied only five subjects: medicine, anatomy and surgery, obstetrics, chemistry and materia medica.^[33] Holmes became a student of James Jackson, a physician and the father of a friend, and worked part-time as a chemist in the hospital dispensary. Dismayed by the "painful and repulsive aspects" of primitive medical treatment of the time—which included practices such as bloodletting and blistering—Holmes responded favorably to his mentor's teachings, which emphasized close observation of the patient and humane approaches.^[34] Despite his lack of free time, he was able to continue writing. He wrote two essays during this time which detailed life as seen from his boardinghouse's breakfast table. These essays, which would evolve into one of Holmes's most popular works, were published in November 1831 and February 1832 in the New England Magazine under the title "The Autocrat of the Breakfast-Table".^[35]

In 1833, Holmes traveled to Paris to further his medical studies. Recent and radical reorganization of the city's hospital system had made medical training there highly advanced for the time.^[36] At twenty-three years old, Holmes was one of the first Americans trained in the new "clinical" method being advanced at the famed École de Médecine.^[37] Since the lectures were taught entirely in French, he engaged a private language tutor. Although far from home, he stayed connected to his family and friends through letters and visitors (such as Ralph Waldo Emerson). He quickly acclimated to his new surroundings. While writing to his father, he stated, "I love to talk French, to eat French, to drink French every now and then."^[38]

At the hospital of La Pitié, he studied under internal pathologist Pierre Charles Alexandre Louis, who demonstrated the ineffectiveness of bloodletting, which had been a mainstay of medical practice since antiquity.^[39][40] Dr. Louis was one of the fathers of the méthode expectante, a therapeutic doctrine that states the physician's role is to do everything possible to aid nature in the process of disease recovery, and to do nothing to hinder this natural process.^[41] Upon his return to Boston, Holmes became one of the country's leading proponents of the méthode expectante. Holmes was awarded his M.D. from Harvard in 1836; he wrote his dissertation on acute pericarditis.^[42] His first collection of poetry was published later that year, but Holmes, ready to begin his medical career, wrote it off as a one-time event. In the book's introduction, he mused: "Already engaged in other duties, it has been with some effort that I have found time to adjust my own mantle; and I now willingly retire to more quiet labors, which, if less exciting, are more certain to be acknowledged as useful and received with gratitude".^[43]

Medical reformer, marriage and family[link]

After graduation, Holmes quickly became a fixture in the local medical scene by joining the Massachusetts Medical Society, the Boston Medical Society, and the Boston Society for Medical Improvement—an organization composed of young, Paris-trained doctors.^[44] He also gained a greater reputation after winning Harvard Medical School's prestigious Boylston Prize, for which he submitted a paper on the benefits of using the stethoscope, a device with which many American doctors were not familiar.^[45]

Daguerreotype of 1854 showing Holmes's children: Edward Jackson Holmes, Amelia Jackson Holmes and Oliver Wendell Holmes Jr.

In 1837, Holmes was appointed to the Boston Dispensary, where he was shocked by the poor hygienic conditions.^[46] That year he competed for and won both of the Boylston essay prizes. Wishing to concentrate on research and teaching, he, along with three of his peers, established the Tremont Medical School—which would later merge with Harvard Medical School^[47]—above an apothecary shop at 35 Tremont Row in Boston. There, he lectured on pathology, taught the use of microscopes, and supervised dissections of cadavers.^[48] He often criticized traditional medical practices and once quipped that if all contemporary medicine was tossed into the sea "it would be all the better for mankind—and all the worse for the fishes".^[49] For the next ten years, he maintained a small and irregular private medical practice, but spent much of his time teaching. He served on the faculty of Dartmouth Medical School from 1838 to 1840,^[50] where he was appointed professor of anatomy and physiology. For fourteen weeks each fall, during these years, he traveled to Hanover, New Hampshire, to lecture.^[51] He was elected a Fellow of the American Academy of Arts and Sciences in 1838.^[52]

On June 15, 1840, Holmes married Amelia Lee Jackson at King's Chapel in Boston.^[53] She was the daughter of the Hon. Charles Jackson, formerly Associate Justice of the Massachusetts Supreme Judicial Court, and the niece of James Jackson, the physician with whom Holmes had studied.^[54] Judge Jackson gave the couple a house at 8 Montgomery Place, which would be their home for eighteen years. They had three children: Civil War officer and American jurist Oliver Wendell Holmes, Jr. (1841–1935), Amelia Jackson Holmes (1843–1889), and Edward Jackson Holmes (1846–1884).^[55]

After Holmes resigned his professorship at Dartmouth, he composed a series of three lectures dedicated to exposing medical fallacies, or "quackeries". Adopting a more serious tone than his previous lectures, he took great pains to reveal the false reasoning and misrepresentation of evidence that marked subjects such as "Astrology and Alchemy", his first lecture, and "Medical Delusions of the Past", his second.^[56] He deemed homeopathy, the subject of his third lecture, "the pretended science" that was a "mingled mass of perverse ingenuity, of tinsel erudition, of imbecile credulity, and of artful misrepresentation, too often mingled in practice".^[57] In 1842, he published the essay "Homeopathy and Its Kindred Delusions"^[58] in which he again denounced the practice.

Charles D. Meigs, an opponent of Holmes's theory regarding the contagious nature of puerperal fever, wrote that doctors are gentlemen, and "gentlemen's hands are clean".^[59]

In 1843, Holmes published "The Contagiousness of Puerperal Fever" in the short-lived publication New England Quarterly Journal of Medicine and Surgery. The essay argued—contrary to popular belief at the time, which predated germ theory of disease—that the cause of puerperal fever, a deadly infection contracted by women during or shortly after childbirth, stems from patient to patient contact via their physicians.^[60] Holmes gathered a large collection of evidence for this theory, including stories of doctors who had become ill and died after performing autopsies on patients who had likewise been infected.^[61] In concluding his case, he insisted that a physician in whose practice even one case of puerperal fever had occurred, had a moral obligation to purify his instruments, burn the clothing he had worn while assisting in the fatal delivery, and cease obstetric practice for a period of at least six months.^[62] A few years later, Ignaz Semmelweis would reach similar conclusions in Vienna, where his introduction of prophylaxis (handwashing in chlorine solution before assisting at delivery) would considerably lower the puerperal mortality rate.

Though it largely escaped notice when first published, Holmes eventually came under attack by two distinguished professors of obstetrics—Hugh L. Hodge and Charles D. Meigs—who adamantly denied his theory of contagion.^[63] In 1855, Holmes chose to republish the essay in the form of a pamphlet under the new title Puerperal Fever as a Private Pestilence. In a new introduction, in which Holmes directly addressed his opponents, he wrote: "I had rather rescue one mother from being poisoned by her attendant, than claim to have saved forty out of fifty patients to whom I had carried the disease."^[64] He added, "I beg to be heard in behalf of the women whose lives are at stake, until some stronger voice shall plead for them."^[65] The then controversial work is now considered a landmark in germ theory of disease.^[27]

In 1846, Holmes coined the word "anesthesia". In a letter to dentist William T. G. Morton, the first practitioner to publicly demonstrate the use of ether during surgery, he wrote: "Everybody wants to have a hand in a great discovery. All I will do is to give a hint or two as to names—or the name—to be applied to the state produced and the agent. The state should, I think, be called 'Anaesthesia.' This signifies insensibility—more particularly ... to objects of touch."^[66] Holmes predicted his new term "will be repeated by the tongues of every civilized race of mankind."^[67]

Teaching and lecturing[link]

In 1847, Holmes was hired as Parkman Professor of Anatomy and Physiology at Harvard Medical School, where he served as dean until 1853 and taught until 1882.^[68] Soon after his appointment, Holmes was criticized by the all-male student body for considering granting admission to a woman named Harriot Kezia Hunt.^[69] Facing opposition not only from student but also from university overseers and other faculty members, she was asked to withdraw her application.^[70] Harvard Medical School would not admit a woman until 1945.^[71] Holmes's training in Paris led him to teach his students the importance of anatomico-pathological basis of disease, and that "no doctrine of prayer or special providence is to be his excuse for not looking straight at secondary causes."^[72] Students were fond of Holmes, to whom they referred as "Uncle Oliver". One teaching assistant recalled: "He enters [the classroom] and is greeted by a mighty shout and stamp of applause. Then silence, and there begins a charming hour of description, analysis, anecdote, harmless pun, which clothes the dry bones with poetic imagery, enlivens a hard and fatiguing day with humor, and brightens to the tired listener the details for difficult though interesting study."^[67]

Amelia Holmes inherited $2,000 in 1848, and she and her husband used the money to build a summer house in Pittsfield, Massachusetts. Beginning in July 1849, the family spent "seven blessed summers" there.^[73] Having recently given up his private medical practice, Holmes was able to socialize with other literary figures who spent time in The Berkshires; in August 1850, for example, Holmes spent time with Evert Augustus Duyckinck, Cornelius Mathews, Herman Melville, James Thomas Fields and Nathaniel Hawthorne.^[74] Holmes enjoyed measuring the circumference of trees on his property and kept track of the data, writing that he had "a most intense, passionate fondness for trees in general, and have had several romantic attachments to certain trees in particular".^[75] The high cost of maintaining their home in Pittsfield caused the Holmes family to sell it in May 1856.^[73]

While serving as dean in 1850, Holmes became a witness for both the defense and prosecution during the notorious Parkman-Webster murder case.^[76] Both George Parkman (the victim), a local physician and wealthy benefactor, and John Webster (the assailant) were graduates of Harvard, and Webster was professor of chemistry at the Medical School during the time of the highly publicized murder. He was convicted and hanged. Holmes dedicated his November 1850 introductory lecture at the Medical School to Parkman's memory.^[73]

While dean, Holmes attempted to admit the first African-Americans and the first woman to the Harvard Medical School.

The same year, Holmes was approached by Martin Delany, an African-American man who had worked with Frederick Douglass. The 38-year-old requested admission to Harvard after having been previously rejected by four schools despite impressive credentials.^[77] In a controversial move, Holmes admitted Delany and two other black men to the Medical School. Their admission sparked a student statement, which read: "Resolved That we have no objection to the education and evaluation of blacks but do decidedly remonstrate against their presence in College with us."^[78] Sixty students signed the resolution, although 48 students signed another resolution which noted it would be "a far greater evil, if, in the present state of public feeling, a medical college in Boston could refuse to this unfortunate class any privileges of education, which it is in the power of the profession to bestow".^[69] In response, Holmes told the black students they would not be able to continue after that semester.^[78] A faculty meeting directed Holmes to write that "the intermixing of races is distasteful to a large portion of the class, & injurious to the interests of the school".^[69] Despite his support of education for blacks, he was not an abolitionist; against what he considered the abolitionists' habit of using "every form of language calculated to inflame", he felt that the movement was going too far.^[79] This lack of support dismayed friends like James Russell Lowell, who once told Holmes he should be more outspoken against slavery. Holmes calmly responded, "Let me try to improve and please my fellowmen after my own fashion at present."^[80] Nonetheless, Holmes believed that slavery could be ended peacefully and legally.^[81]

Holmes lectured extensively from 1851 to 1856 on subjects such as "Medical Science as It Is or Has Been", "Lectures and Lecturing", and "English Poets of the Nineteenth Century".^[82] Traveling throughout New England, he received anywhere from $40 to $100 per lecture,^[83] but he also published a great deal during this time, and the British edition of his Poems sold well abroad. As social attitudes began to change, however, Holmes often found himself publicly at odds with those he called the "moral bullies"; because of mounting criticisms from the press regarding Holmes's vocal anti-abolitionism, as well as his dislike of the growing temperance movement, he chose to discontinue his lecturing and return home.^[84]

Later literary success and the Civil War[link]

In 1856, the Atlantic or Saturday Club was created to launch and support The Atlantic Monthly. This new magazine was edited by Holmes's friend James Russell Lowell, and articles were contributed by the New England literary elite such as Ralph Waldo Emerson, Henry Wadsworth Longfellow, John Lothrop Motley and J. Elliot Cabot.^[85] Holmes not only provided its name, but also wrote various pieces for the journal throughout the years.^[68] For the magazine's first issue, Holmes produced a new version of two of his earlier essays, "The Autocrat at the Breakfast-Table". Based upon fictionalized breakfast table talk and including poetry, stories, jokes and songs,^[86] the work was favored by readers and critics alike and it secured the initial success of The Atlantic Monthly.^[87] The essays were collected as a book of the same name in 1858 and became his most enduring work,^[88] selling ten thousand copies in three days.^[89] Its sequel, The Professor at the Breakfast-Table, was released shortly after beginning in serialized installments in January 1859.^[90]

Reproduction of a Holmes-type stereoscope

Holmes's first novel, Elsie Venner, was published serially in the Atlantic beginning in December 1859.^[91] Originally entitled "The Professor's Story", the novel is about a neurotic young woman whose mother was bitten by a rattlesnake while pregnant, making her daughter's personality half-woman, half-snake.^[92] The novel drew a wide range of comments, including praise from John Greenleaf Whittier and condemnation from church papers, which claimed the work a product of heresy.^[93] Also in December of that year, Holmes sent medication to the ailing writer Washington Irving after visiting him at his Sunnyside home in New York; Irving died only a few months later.^[94] The Massachusetts Historical Society posthumously awarded Irving an honorary membership at a tribute held on December 15, 1859. At the ceremony, Holmes presented an account of his meeting with Irving and a list of medical symptoms he had observed, despite the taboo of discussing health publicly.^[95]

About 1860, Holmes invented the "American stereoscope", a 19th century entertainment in which pictures were viewed in 3-D.^[96] He later wrote an explanation for its popularity, stating: "There was not any wholly new principle involved in its construction, but, it proved so much more convenient than any hand-instrument in use, that it gradually drove them all out of the field, in great measure, at least so far as the Boston market was concerned."^[97] Rather than patenting the hand stereopticon and profiting from its success, Holmes gave the idea away.^[98]

Soon after South Carolina seceded from the Union in 1861, Holmes began publishing pieces—the first of which was the patriotic song "A Voice of the Loyal North"—in support of the Union cause. Although he had previously criticized the abolitionists, deeming them traitorous, his main concern was for the preservation of the Union.^[99] In September of that year, he published an article titled "Bread and Newspapers" in the Atlantic, in which he proudly identified himself as an ardent Unionist. He wrote, "War has taught us, as nothing else could, what we can be and are" and inspiring even the upper class to have "courage ... big enough for the uniform which hangs so loosely about their slender figures."^[100] Holmes also had a personal stake in the war: his oldest son, Oliver Wendell Holmes, Jr., enlisted in the Army against his father's wishes in April 1861^[101] and was injured three times in battle, including a gunshot wound in his chest at the Battle of Ball's Bluff in October 1861.^[102]

Holmes lived on Beacon Street, Boston, 1871–1894

Amid the Civil War, Holmes's friend Henry Wadsworth Longfellow began translating Dante Alighieri's Divine Comedy. Beginning in 1864, Longfellow invited several friends to help at weekly meetings held on Wednesdays.^[103] The "Dante Club", as it was called, regularly included Longfellow, Lowell, William Dean Howells, Charles Eliot Norton,^[104] and Holmes. The final translation was published in three volumes in the spring of 1867.^[105] (American novelist Matthew Pearl has fictionalized their efforts in The Dante Club [2003].)^[106] The same year the Dante translation was published, Holmes's second novel, The Guardian Angel, began appearing serially in the Atlantic. It was published in book form in November, though its sales were half that of Elsie Venner.^[107]

Later years and death[link]

Holmes's fame continued through his later years. The Poet at the Breakfast-Table was published in 1872.^[108] Written fifteen years after The Autocrat, this work's tone was more mellow and nostalgic than its predecessor; "As people grow older," Holmes wrote, "they come at length to live so much in memory that they often think with a kind of pleasure of losing their dearest possessions. Nothing can be so perfect while we possess it as it will seem when remembered".^[109] In 1876, at the age of seventy, Holmes published a biography of John Lothrop Motley, which was an extension of an earlier sketch he had written for the Massachusetts Historical Society Proceedings. The following year he published a collection of his medical essays and Pages from an Old Volume of Life, a collection of various essays he had previously written for The Atlantic Monthly.^[110] He retired from Harvard Medical School in 1882 after thirty-five years as a professor.^[111] After he gave his final lecture on November 28, the university made him professor emeritus.^[112]

Holmes in his study during his later life

In 1884, Holmes published a book dedicated to the life and works of his friend Ralph Waldo Emerson. Later biographers would use Holmes's book as an outline for their own studies, but particularly useful was the section dedicated to Emerson's poetry, into which Holmes had particular insight.^[113] Beginning in January 1885, Holmes's third and last novel, A Mortal Antipathy, was published serially in the Atlantic Monthly.^[111] Later that year, Holmes contributed $10 to Walt Whitman, though he did not approve of his poetry, and convinced friend John Greenleaf Whittier to do the same. A friend of Whitman, a lawyer named Thomas Donaldson, had requested monetary donations from several authors to purchase a horse and buggy for Whitman who, in his old age, was becoming a shut-in.^[114]

Suffering from exhaustion, and mourning the sudden death of his youngest son, Holmes began postponing his writing and social engagements.^[115] In late 1884, he embarked on a visit to Europe with his daughter Amelia. In Great Britain he met with writers such as Henry James, George du Maurier and Alfred Tennyson, and was awarded a doctor of letters degree (D.Litt.) from Cambridge University, a doctor of laws (LL.D.) from Edinburgh University, and a third honorary degree from Oxford.^[116] Holmes and Amelia then visited Paris, a place that had significantly influenced him in his earlier years. He met with chemist and microbiologist Louis Pasteur, whose previous studies in germ theory had helped reduce the mortality rate of women suffering from puerperal fever. Holmes considered the Frenchman to be "one of the truest benefactors of his race".^[117] Upon his return to the United States, Holmes published a travelogue entitled Our One Hundred Days in Europe.^[118]

In June 1886, Holmes received an honorary degree from Yale University Law School.^[119] His wife of more than forty years, who had struggled with an illness that had kept her an invalid for months, died on February 6, 1888.^[120] The younger Amelia died the following year after a brief malady. Despite his weakening eyesight and a fear that he was becoming antiquated, Holmes continued to find solace in writing. He published Over the Teacups, the last of his table-talk books, in 1891.^[121]

Grave of Oliver Wendell Holmes and his wife at Mount Auburn Cemetery in Cambridge, Massachusetts

Towards the end of his life, Holmes noted that he had outlived most of his friends, including Emerson, Henry Wadsworth Longfellow, James Russell Lowell, and Nathaniel Hawthorne. As he said, "I feel like my own survivor... We were on deck together as we began the voyage of life... Then the craft which held us began going to pieces."^[122] His last public appearance was at a reception for the National Education Association in Boston on February 23, 1893, where he presented the poem "To the Teachers of America".^[123] A month later, Holmes wrote to Harvard president Charles William Eliot that the university should consider adopting the honorary doctor of letters degree and offer one to Samuel Francis Smith, though one was never issued.^[124]

Holmes died quietly after falling asleep in the afternoon of Sunday, October 7, 1894.^[125] As his son Oliver Wendell Holmes, Jr., wrote, "His death was as peaceful as one could wish for those one loves. He simply ceased to breathe."^[126] Holmes's memorial service was held at King's Chapel and overseen by Edward Everett Hale. Holmes was buried alongside his wife in Mount Auburn Cemetery in Cambridge, Massachusetts.^[127]

Writing[link]

Poetry[link]

Holmes is one of the Fireside Poets, together with William Cullen Bryant, Henry Wadsworth Longfellow, James Russell Lowell, and John Greenleaf Whittier.^[128] These poets—whose writing was characterized as family-friendly and conventional—were among the first Americans to build substantial popularity in Europe. Holmes in particular believed poetry had "the power of transfiguring the experiences and shows of life into an aspect which comes from the imagination and kindles that of others".^[31]

Due to his immense popularity during his lifetime, Holmes was often called upon to produce commemorative poetry for specific occasions, including memorials, anniversaries and birthdays. Referring to this demand for his attention, he once wrote that he was "a florist in verse, and what would people say / If I came to a banquet without my bouquet?"^[129] As critic Hyatt Waggoner noted, however, "very little ... survives the occasions that produced it".^[130] Holmes became known as a poet who expressed the benefits of loyalty and trust at serious gatherings, as well as one who showed wit at festivities and celebrations. Edwin Percy Whipple for one considered Holmes to be "a poet of sentiment and passion. Those who know him only as a comic lyricist, as the libellous laureate of chirping follow and presumptuous egotism, would be surprised at the clear sweetness and skylark thrill of his serious and sentimental compositions".^[131]

In addition to the commemorative nature of much of Holmes's poetry, some pieces were written based on his observations of the world around him. This is the case with two of Holmes's best known and critically successful poems—"Old Ironsides" and "The Last Leaf"—which were published when he was a young adult.^[132] As is seen with poems such as "The Chambered Nautilus" and "The Deacon's Masterpiece; or The Wonderful One-Hoss Shay", Holmes successfully concentrated his verse upon concrete objects with which he was long familiar, or had studied at length, such as the one-horse shay or a seashell.^[133] Some of his works also deal with his personal or family history; for example, the poem "Dorothy Q" is a portrait of his maternal great-grandmother. The poem combines pride, humor and tenderness in short rhyming couplets:^[134]

O Damsel Dorothy! Dorothy Q.!

Strange is the gift that I owe to you;

Such a gift as never a king

Save to daughter or son might bring,—

All my tenure of heart and hand,

All my title to house and land;

Mother and sister and child and wife

And joy and sorrow and death and life!

(lines 33–40)^[135]

Holmes, an outspoken critic of over-sentimental Transcendentalist and Romantic poetry, often slipped into sentimentality when writing his occasional poetry, but would often balance such emotional excess with humor.^[136] Critic George Warren Arms believed Holmes's poetry to be provincial in nature, noting his "New England homeliness" and "Puritan familiarity with household detail" as proof.^[137] In his poetry, Holmes often connected the theme of nature to human relations and social teachings; poems such as "The Ploughman" and "The New Eden", which were delivered in commemoration of Pittsfield's scenic countryside, were even quoted in the 1863 edition of the Old Farmer's Almanac.^[138]

Prose[link]

Although mainly known as a poet, Holmes wrote numerous medical treatises, essays, novels, memoirs and table-talk books.^[139] His prose works include topics that range from medicine to theology, psychology, society, democracy, sex and gender, and the natural world.^[140] Author and critic William Dean Howells argued that Holmes created a genre called dramatized (or discursive) essay, in which major themes are informed by the story's plot,^[141] but his works often use a combination of genres; excerpts of poetry, essays and conversations are often included throughout his prose.^[142] Critic William Lawrence Schroeder described Holmes's prose style as "attractive" in that it "made no great demand on the attention of the reader." He further stated that although the author's earlier works (The Autocrat and The Professor of the Breakfast-Table) are "virile and fascinating", later ones such as Our Hundred Days in Europe and Over the Teacups "have little distinction of style to recommend them."^[143]

1858 facsimile of Autocrat of the Breakfast-Table

Holmes first gained international fame with his "Breakfast-Tables" series.^[144] These three table-talk books attracted a diverse audience due to their conversational style, which made readers feel an intimate connection to the author, and resulted in a flood of letters from admirers.^[145] The series' conversational tone is not only meant to mimic the philosophical debates and pleasantries that occur around the breakfast table, but it is also used in order to facilitate an openness of thought and expression.^[146] As the Autocrat, Holmes states in the first volume:

This business of conversation is a very serious matter. There are men that it weakens one to talk with an hour more than a day's fasting would do. Mark this that I am going to say, for it is as good as a working professional man's advice, and costs you nothing: It is better to lose a pint of blood from your veins than to have a nerve tapped. Nobody measures your nervous force as it runs away, nor bandages your brain and marrow after the operation.^[147]

The various speakers represent different facets of Holmes's life and experiences. The speaker of the first installment, for example, is understood to be a doctor who spent several years studying in Paris, while the second volume—The Professor at the Breakfast-Table—is told from the point of view of a professor of a distinguished medical school.^[148] Although the speakers discuss myriad topics, the flow of conversation always leads to supporting Holmes's Paris-taught conception of science and medicine and how they relate to morality and the mind.^[149] Autocrat in particular addresses philosophical issues such as the nature of one's self, language, life and truth.^[150]

Holmes wrote in the second preface to Elsie Venner, his first novel, that his aim in writing the work was "to test the doctrine of 'original sin' and human responsibility for the distorted violation coming under that technical denomination".^[151] He also stated his belief that "a grave scientific doctrine may be detected lying beneath some of the delineations of character" throughout all fiction.^[152] Deeming the work a "psychological romance", he employed a romantic narrative in order to describe moral theology from a scientific perspective. This means of expression is also present in his two other novels, in which Holmes uses medical or psychological dilemmas to further the story's dramatic plot.^[153]

Holmes referred to his novels as "medicated novels".^[154] Some critics believe that these works were innovative in exploring theories of Sigmund Freud and other emerging psychiatrists and psychologists.^[155] The Guardian Angel, for example, explores mental health and repressed memory, and Holmes uses the concept of the unconscious mind throughout his works.^[155] A Mortal Antipathy depicts a character whose phobias are rooted in psychic trauma, later cured by shock therapy.^[156] Holmes's novels were not critically successful during his lifetime. As psychiatrist Clarence P. Oberndorf, author of The Psychiatric Novels of Oliver Wendell Holmes, states, the three works are "poor fiction when judged by modern criteria…. Their plots are simple, almost juvenile and, in two of them, the reader is not disappointed in the customary thwarting of the villain and the coming of true love to its own".^[157]

Legacy and criticism[link]

Engraving of Holmes from The Poetical Works of Oliver Wendell Holmes, published by Houghton, Mifflin in 1895

Holmes was well respected by his peers, and garnered a large, international following throughout his long life. Particularly noted for his intelligence, he was named by American theologian Henry James, Sr. "intellectually the most alive man I ever knew".^[125] Critic John G. Palfrey also praised Holmes, referring to him as "a man of genius... His manner is entirely his own, manly and unaffected; generally easy and playful, and sinking at times into 'a most humorous sadness'".^[158] On the other hand, critics S. I. Hayakawa and Howard Mumford Jones argued that Holmes was "distinctly an amateur in letters. His literary writings, on the whole, are partly the leisure-born meditations of a physician, partly a means of spreading certain items of professional propaganda, partly a distillation of his social life."^[159]

Like Samuel Johnson in 18th century England, Holmes was noted for his conversational powers in both his life and literary output.^[160] Though he was popular at the national level, Holmes promoted Boston culture and often wrote from a Boston-centric point of view, believing the city was "the thinking centre of the continent, and therefore of the planet".^[77] He is often referred to as a Boston Brahmin, a term that he created while referring to the oldest families in the Boston area.^[161] The term, as he used it, referred not only to members of a good family but also implied intellectualism.^[27] He also famously nicknamed Emerson's The American Scholar as the American "intellectual Declaration of Independence".^[162]

Although his essay on puerperal fever has been deemed "the most important contribution made in America to the advancement of medicine" up to that time,^[65] Holmes is most famous as a humorist and poet. Editor and critic George Ripley, an admirer of Holmes, referred to him as "one of the wittiest and most original of modern poets".^[163] Emerson noted that, though Holmes did not renew his focus on poetry until later in his life, he quickly perfected his role "like old pear trees which have done nothing for ten years, and at last begin to grow great."^[86]

Poems by Holmes, along with those by the other Fireside or Schoolroom Poets, were often required to be memorized by schoolchildren. Although learning by rote recitation began fading out by the 1890s, these poets nevertheless remained fixed as ideal New England poets.^[164] Literary scholar Lawrence Buell wrote of these poets: "we value [them] less than the nineteenth century did but still regard as the mainstream of nineteenth-century New England verse."^[165] Many of these poets soon became recognized only as children's poets, as noted by a 20th century scholar who asked about Holmes's contemporary Longfellow: "Who, except wretched schoolchildren, now reads Longfellow?"^[166] Another modern scholar notes that "Holmes is a casualty of the ongoing movement to revise the literary canon. His work is the least likely of the Fireside Poets to find its way into American literature anthologies."^[167]

The school library of Phillips Academy in Andover, Massachusetts, where Holmes studied as a child, is named the Oliver Wendell Holmes Library, or the OWHL, in his memory. Items from Holmes's personal library—including medical papers, essays, songs and poems—are held in the library's Special Collections department.^[168] In 1915, Bostonians placed a memorial seat and sundial behind Holmes's final home at 296 Beacon Street in a spot where he would have seen it from his library.^[169] King's Chapel in Boston, where Holmes worshiped, erected an inscribed memorial tablet in his honor.^[126] The tablet notes Holmes's achievements in the order he recognized them: "Teacher of Anatomy, Essayist and Poet". It ends with a quote from Horace's Ars Poetica: Miscuit Utile Dulci: "He mingled the useful with the pleasant."^[125]

Selected list of works[link]

Poetry

• Poems (1836)^[170]
• Songs in Many Keys (1862)

Books

• Puerperal Fever as a Private Pestilence (1855)
• The Autocrat of the Breakfast-Table (1858)^[170]
• The Professor of the Breakfast-Table (1860)^[170]
• The Poet of the Breakfast-Table (1872)^[170]
• Over the Teacups (1891)^[108]

Novels

• Elsie Venner (1861)^[170]
• The Guardian Angel (1867)^[170]
• A Mortal Antipathy (1885)^[170]

Biographies and travelogue

• John Lothrop Motley, A Memoir (1876)
• Ralph Waldo Emerson (1884)
• Our Hundred Days in Europe (1887)^[170]

Notes[link]