Henry Schofield

Background

Henry was born on August 7, 1866 in Dudley, Massachussets, United States, the son of John and Margaret (Thompson) Schofield.

Education

Henry Schofield was educated at Nichols Academy in Dudley and at Harvard College and Law School (Bachelor of Arts 1887, Master of arts and Bachelor of laws 1890).

Career

Admitted to the Illinois bar in 1890, Schofield practised for a year in Chicago and then spent a year in Washington as assistant to Charles H. Aldrich, solicitor general of the United States. Returning to Chicago in 1892, he became associated in practice with Henry M. Bacon.

From 1900 to 1902 he was assistant corporation counsel of Chicago. At this time the relations of the city to the local traction systems were giving rise to important questions relating to corporate franchises and the city's powers under its charter. Shortly before his marriage he had given up active practice and become professor of law in Northwestern University, lecturing on equity and constitutional law.

He never wrote a book, but articles and comments. These were collected after his death as Essays on Constitutional Law and Equity and Other Subjects (2 vols. , 1921). Because of their difficult style and the absence of systematic treatment, these essays have not had a wide influence, but are valued by legal scholars.

His essay on "Freedom of the Press in the United States" (1914) is a pioneer article of great value and the only satisfactory discussion of the constitutional right of free speech as it existed before the World War.

He made no mention of the prolonged illness which cut short his career in 1918, but carried on his teaching and writing to the last possible day.

Achievements

• Henry Schofield produced a large number of articles and comments on important decisions in legal periodicals, which were collected in Essays on Constitutional Law and Equity and Other Subjects. His attention was much directed to constitutional problems which have not been thoroughly discussed by other writers, such as the relations between federal and state courts, and the full faith and credit clause, that were formulated in his famous essay on "Freedom of the Press in the United States".

Works

More photos

• book

  • Essays on Constitutional Law and Equity: And Other Subjects

    (Unlike some other reproductions of classic texts (1) We h...)

Personality

Schofield was frequently absent-minded and would become so absorbed in reading that he had to be summoned to a waiting class of students. When interested in an important legal decision he would delve for months into everything bearing upon it in the remotest way, and meanwhile "it would be difficult to get him to talk of anything else because he felt that other things could wait until the matter then on his mind should be settled to his own satisfaction". Despite this concentration he had a very real awareness of life and was well informed about many practical affairs. The charm and learning of his conversation were vividly remembered.

His original thinking often demonstrates the fallacy of traditional views.

Quotes from others about the person

• Regarding his ability to make legal problems interesting, a former student, Professor Albert Kocourek, writes: "He seemed to make small use of notes or memoranda, but spoke informally, and with the most remarkable ease, clearness, and attraction. He did not make the mistake of taking too much for granted either in the direct or collateral information of his auditors. He never sought in the classroom or elsewhere to make an impression. His object was to make himself understood, and in this he undoubtedly succeeded"
  
  J. H. Wigmore in Foreword to Schofield's Essays wrote about Schofield: "Constitutional provisions and successive statutory measures raised complex issues calling for great accuracy of research and large understanding of fundamental principles. His (Schofield's) absolute mastery of these whole intricate subjects were soon acknowledged".

Connections

On October 23, 1902, Schofield married Marie Therese Stehlin of Chicago, by whom he had four children.

Father:

John Schofield

Mother:

Margaret (Thompson) Schofield

Spouse:

Marie Therese Stehlin

coworker:

Charles H. Aldrich

coworker:

Henry M. Bacon

References

• Who's Who in America, 1916 - 1917, Vol. IX 9: A Biographical Dictionary Of Notable Living Men And Women In The United States
• Class of 1887, Harvard College, Vol. 7: Twenty-Fifth Anniversary, 1887-1912 (Classic Reprint)