Ernest W. Gibson Jr.

For his father, see Ernest Willard Gibson. For his son, see Ernest W. Gibson III.

Ernest W. Gibson Jr.
Chief Judge of the United States District Court for the District of Vermont
In office August 25, 1966 – November 4, 1969
Preceded by	Office established
Succeeded by	Bernard Joseph Leddy
Judge of the United States District Court for the District of Vermont
In office October 18, 1949 – November 4, 1969
Appointed by	Harry S. Truman
Preceded by	James Patrick Leamy
Succeeded by	James L. Oakes
67th Governor of Vermont
In office January 9, 1947 – January 16, 1950
Lieutenant	Lee E. Emerson Harold J. Arthur
Preceded by	Mortimer R. Proctor
Succeeded by	Harold J. Arthur
United States Senator from Vermont
In office June 24, 1940 – January 3, 1941
Appointed by	George Aiken
Preceded by	Ernest Willard Gibson
Succeeded by	George Aiken
Secretary of the Vermont Senate
In office February 2, 1933 – January 7, 1941
Preceded by	Murdock A. Campbell
Succeeded by	Willsie E. Brisbin
State's Attorney of Windham County, Vermont
In office February 1, 1929 – January 1, 1933
Preceded by	Roger A. Brackett
Succeeded by	Ralph E. Edwards
Personal details
Born	Ernest William Gibson Jr. (1901-03-06)March 6, 1901 Brattleboro, Vermont, U.S.
Died	November 4, 1969(1969-11-04) (aged 68) Brattleboro, Vermont, U.S.
Resting place	Morningside Cemetery Brattleboro, Vermont, U.S.
Political party	Republican
Spouse(s)	Dorothy P. Switzer (m. 1926–1958, her death) Ann H. Haag (m. 1961–1969, his death)
Children	4, including Ernest III
Parent(s)	Ernest W. Gibson Grace Fullerton (Hadley) Gibson
Education	Norwich University (A.B.) George Washington University Law School
Profession	Attorney
Military service
Allegiance	United States
Branch/service	US Army United States Army Reserve Vermont National Guard
Years of service	1922–1945
Rank	Colonel
Unit	43rd Infantry Division
Battles/wars	World War II
Awards	Silver Star Legion of Merit Purple Heart

Ernest William Gibson Jr. (March 6, 1901 – November 4, 1969) was an American attorney, politician, and judge. He served briefly as an appointed United States Senator, as the 67th governor of Vermont, and as a federal judge.

Born in Brattleboro, and the son of a prominent Vermont political figure who served in the United States Senate, Gibson graduated from Norwich University in 1923, attended The George Washington University Law School, and attained admission to the bar in 1926. A Republican, he served in several elected and appointed positions in state government. When his father died while serving in the Senate, Gibson was appointed to temporarily fill the vacancy, and he served from June 1940 to January 1941.

A veteran of the United States Army Reserve and Vermont National Guard, during World War II, Gibson served in the South Pacific and on the staff of the United States Department of War, and received several decorations for heroism. In 1946, he ran for Governor of Vermont and defeated the incumbent in the Republican primary, the only time this has ever occurred in Vermont. He went on to win the general election, and won reelection in 1948.

Gibson served as governor until accepting appointment as judge of Vermont's U.S. District Court; he remained on the bench until his 1969 death in Brattleboro. He was buried at Morningside Cemetery in Brattleboro.

Early life

Gibson was born on March 6, 1901, in Brattleboro, Vermont, the son of Grace Fullerton Hadley and Ernest W. Gibson, who later served in the United States House of Representatives and United States Senate.^[1] He attended the public schools and graduated from Norwich University with an Artium Baccalaureus degree in 1923,^[2] where he was a member of the Alpha chapter of the Theta Chi International Fraternity.^[3] He attended The George Washington University Law School, read law in his father's office, and was admitted to the bar in 1926.^[4] While studying law he also taught at the New York Military Academy in Cornwall, New York,^[5] and worked as a mathematician on the United States Coast and Geodetic Survey.^[6]

Military service

Gibson was a member of the United States Army Reserve and Vermont National Guard from an early age; in 1922, he joined the National Guard's Company I, 172nd Infantry Regiment as a private.^[7] In 1924 he was appointed to command the National Guard's Troop B, 316th Cavalry Regiment with the rank of first lieutenant.^[8] In 1928, Gibson was a private first class assigned to Company I, 172nd Infantry.^[9] In 1934, he was a captain in the Organized Reserve Corps and was assigned to the 316th Cavalry.^[10] By 1937, Gibson had returned to the Vermont National Guard and was serving as a first lieutenant.^[11] As of 1939, Gibson was a captain serving as aide-de-camp to Leonard F. Wing, the brigadier general in command of the Vermont National Guard's 86th Infantry Brigade.^[12]

Early career

Gibson began practicing law in Brattleboro in 1927. A Republican, he was State's Attorney of Windham County from 1929 to 1933; assistant secretary of the Vermont Senate from 1931 to 1933; and secretary from 1933 to 1940.^[13]

While serving on the Senate staff, Gibson was part of a network of acquaintances who were all lawyers, Republican party activists and National Guard members.^[11][12][14] In addition to Gibson, this group included: Leonard F. Wing; Harold J. Arthur; Murdock A. Campbell; and Francis William Billado.^[11][12][14]

U.S. Senator

Library of Congress photo of Gibson's swearing in as a U.S. Senator. Senator Warren Austin looks on as Vice President John Nance Garner (right) administers the oath.

Gibson was appointed to the United States Senate by Governor George D. Aiken on June 24, 1940, filling the vacancy caused by the death of his father, Ernest Willard Gibson.^[15] The younger Gibson served from June 24, 1940 to January 3, 1941, but did not run in the election to fill the vacancy.^[16] He was succeeded in the Senate by Aiken, a family friend.^[17] Political observers assumed that Gibson accepted the temporary appointment to facilitate Aiken's election. Knowing that Aiken desired to become a Senator, Gibson accepted the appointment and agreed not to run in a primary against him, which another appointee might have done. Gibson was willing to fill the vacancy temporarily and then defer to Aiken because Gibson hoped to serve as governor.^[18]

World War II

Shell on which John F. Kennedy scratched message requesting help following the sinking of his PT boat. Gibson returned it to Kennedy.

Gibson receiving first aid after being wounded.

From January to May 1941, Gibson was Executive Secretary and later Chairman of the Committee to Defend America by Aiding the Allies (the William Allen White Committee), which advocated for aid to the Allies prior to United States military involvement in World War II.^[19]

Gibson volunteered for active duty during World War II and served in the South Pacific as G-2 (Intelligence Officer) with the 43rd Infantry Division. He later served on the Intelligence staff at the United States Department of War.^[20] He was promoted to major in July 1942,^[21] and lieutenant colonel in November 1942.^[22]

While serving in the Pacific Theater, Gibson was wounded. A newspaper photo showing him having his head bandaged after he was wounded was circulated internationally, along with a caption identifying him as a former Senator, and he gained a measure of fame as a result.^[23][24]

When John F. Kennedy and his crew from PT-109 were rescued, the coconut shell Kennedy used to send a message asking for help came into Gibson's possession.^[25] Gibson later returned it to Kennedy.^[26] Kennedy had the shell preserved in a glass paperweight, which was displayed on his Oval Office desk during his presidency.^[27] It is now on display at the John F. Kennedy Library in Boston, Massachusetts.^[28]

Gibson was discharged in September 1945, shortly after receiving promotion to colonel.^[29] His awards included the Silver Star,^[a] Legion of Merit^[b] and Purple Heart.^[32]

Governor of Vermont

Gibson as governor.

In 1946, Vermont political observers expected Leonard F. Wing, the commander of the 43rd Division during the war, to run for governor. The unanswered question was whether incumbent governor Mortimer R. Proctor would run again, or would defer to Wing for the Republican nomination, then tantamount to election in Vermont.^[33]

Wing died in December 1945, soon after returning home from the war.^[34] Without Wing in the race, Gibson was free to announce his candidacy. Proctor decided to run for reelection, creating a rare Republican primary contest.^[35]

Gibson, an internationalist and a progressive, argued against the Republican status quo. Making the case against unwritten party policies including the Mountain Rule and the limitation of Governors to two years in office, Gibson appealed to war veterans and younger voters, calling for action over inertia, saying "Under this rule a relatively small clique of people choose governors nearly 10 years in advance, supporting them up a series of political steps to the highest office."^[35]

(According to the Mountain Rule, which had existed since the founding of the Republican Party in the 1850s, the governor and lieutenant governor candidates were identified years in advance, and alternated between the east and west sides of the Green Mountains. Governors were limited to two years in office. United States Senators were also allocated based on the Green Mountains—one from the east and one from the west. As a result of this party discipline, even after the advent of primary elections and the direct election of Senators, Republicans won every statewide election in Vermont for more than 100 years.)^[36]

Gibson defeated Proctor and won the general election in 1946, in what was called "a repudiation by Vermont voters of political practices and traditions that have been long established – a rebellion, not against outright mismanagement and inefficiency in the state government at Montpelier, but rather against the inertia and lack of aggressiveness of administration policies."^[37]

He won reelection in 1948 and served from January 1947 to January 1950. During Gibson's first term, he concentrated on increasing state services following years of small budgets and limited priorities following the Great Depression and World War II.^[38] He obtained approval of plans to expand and modernize state highways, improve health services, and enhance education and social welfare programs.^[39] To raise the funds necessary to support the largest budget in state history ($31 million), Gibson advocated for and obtained an increase in the state income tax.^[39]

Gibson resigned to become a federal judge, and was succeeded by Harold J. Arthur.^[40][41]

Federal judicial service

Frustrated at dealing with a Republican Vermont General Assembly and party structure that was more conservative than he, Gibson contemplated an early exit from the governorship rather than trying for a third term.^[42]

Gibson was nominated by President Harry S. Truman on September 15, 1949, to the seat on the United States District Court for the District of Vermont vacated by the death of Judge James Patrick Leamy.^{[43][44][45][46]} He was confirmed by the United States Senate on October 15, 1949, and received his commission on October 18, 1949.^[47][48] He served as Chief Judge from 1966 to 1969.^[49] His service terminated on November 4, 1969, due to his death.^[49]

Other service

In 1956 Gibson was appointed a Civilian Aide to the Secretary of the Army.^[50] The Civilian Aide program uses prominent individuals in each state and territory to promote goodwill between the civilian population and the Army by ensuring that the public is aware of ongoing Army projects and programs.^[51]

Notable law clerks

During Gibson's time on the bench his law clerks included M. Jerome Diamond^[52] and James M. Jeffords, who clerked for Gibson from 1962 to 1963.^[53][54] According to Jeffords, a lesson imparted by Gibson played a role in Jeffords' decision to leave the Republican Party in 2001, which changed control of the United States Senate. As related by Jeffords, Gibson once paid closer attention to the facts than the letter of the law in order to arrive at a just outcome in a tort case involving skiing. When Jeffords questioned Gibson's approach, Gibson said "Never let the law get in the way of justice; justice is what counts." Jeffords further stated that he reflected on this quote often when considering decisions, including his decision to leave the Republicans.^[55]

Irasburg Affair

In 1969 Gibson headed a committee to investigate the 1968 “Irasburg Affair,” in which an African American minister was targeted by a campaign to force him out of Vermont. This effort included police harassment as well as an anonymous individual firing gunshots into the minister's home. Gibson's commission found fault with local and state authorities, including members of the Vermont State Police.^[56][57][58]

Death

Gibson died in Brattleboro on November 4, 1969.^[59][60] He was interred in Brattleboro's Morningside Cemetery.^[60][61]

Honors

Gibson received several honorary degrees during his life, including a Legum Doctor (LL.D.) from the University of Vermont in 1947^[62] and a Doctor of Juridical Science (DJS) from Suffolk University Law School in 1958.^{[63][64][65][c]} He received a posthumous LL.D. from Saint Michael's College in November 1969.^[66]

Family

Gibson married Dorothy P. Switzer (1902–1958) on October 9, 1926, and they had four children.^[67][68] In 1961 he married Ann H. Haag.^[69]

Gibson's son Ernest W. Gibson III (1927–2020) served as an Associate Justice of the Vermont Supreme Court.^[70] His daughter Grace Gibson Newcomer (born 1930) was a professor at Westchester Community College.^[71][72] His son Robert H. Gibson (1931–1999) served as Assistant Secretary of the Vermont Senate from 1963 to 1967, and Secretary from 1967 to 1999.^[73] His son David A. Gibson (1936–2010) served in the Vermont State Senate from 1977 to 1983, and was Senate Secretary from 2000 to 2010.^[74]

Notes

1. Gibson's Silver Star citation: "A Silver Star is awarded to Ernest W. Gibson (O-175884), Lieutenant Colonel, Infantry, United States Army, for gallantry in action at New Georgia, Solomon Islands during the period of 2 July to 4 August 1943. Acting in his capacity as G-2 of an infantry division, Colonel Gibson was severely wounded in the head during an enemy bombing raid. Despite this wound he refused evacuation until ordered to Guadalcanal for treatment. Shortly thereafter he returned to the command of his own volition and for the duration of the campaign functioned superbly in his position of G-2. Visiting the front lines daily Colonel Gibson pushed division observation posts forward expeditiously, and by his exemplary courage and aggressiveness under fire was a constant source of inspiration to his section and to subordinate commanders."^[30] Gibson received his award on October 24, 1943.^[30] It was one of several decorations presented during a ceremony presided over by Major General Oscar Griswold, commander of the XIV Corps, of which the 43rd Infantry Division was a part.^[30]
2. Gibson's Legion of Merit citation: "For exceptionally meritorious conduct in the performance of outstanding services in the South Pacific area from 24 September 1942 to 14 December 1943. As G-2 of an infantry division, he trained the intelligence section from its inception and developed a remarkable intelligence awareness within the division. Foreseeing the need for a Japanese language section, he organized the first divisional unit of this type in the South Pacific theater. Colonel Gibson was outstanding in the manifestation of personal bravery and leadership, spending part of each day with front-line units during their combat operations. He was wounded during the early stages of the New Georgia campaign but insisted on returning to duty without delay. His service at all times was distinguished and a credit to his division.^[31]
3. The references indicate that Gibson received an honorary degree in 1958. On January 17, 2019, a senior editor in Suffolk University's Public Affairs department confirmed in an email exchange that the degree was a DJS. See talk page for additional information.

References

1. J.T. White, The National Cyclopaedia of American Biography, 1952, page 214
2. Cavendish Historical Society, Families of Cavendish: Families of Cavendish, Vt., 2008, page 431
3. Theta Chi Fraternity, The Rattle of Theta Chi, 1949
4. H.W. Wilson Company, Current Biography, 1949, page 222
5. J. T. White, The National Cyclopedia of American Biography, 1952, page xlviii
6. Crowell-Collier Publishing Company, Collier's magazine, 1947, page 12
7. "Brattleboro Local: Two recruits were received into Company I, 172d Infantry last night". Brattleboro Reformer. Brattleboro, VT. September 12, 1922. p. 6 – via Newspapers.com.
8. "400 in Defense Parade". Vermont Phoenix. Brattleboro, VT. September 19, 1924. p. 2 – via Newspapers.com.
9. "Public Invited to Guard Mount". Brattleboro Reformer. Brattleboro, VT. March 20, 1928. p. 1 – via Newspapers.com.
10. "Personal News: Ernest W. Gibson, Jr. and Preston F. Gibson". Brattleboro Reformer. Brattleboro, VT. August 3, 1934. p. 5 – via Newspapers.com.
11. "Governor Visits Rutland Fair Today". Bennington Banner. Bennington, VT. September 9, 1937. p. 3 – via Newspapers.com.
12. Scanlon, J. E. (August 18, 1939). "Rutlanders at 'War'". Rutland Herald. Rutland, VT. p. 2 – via Newspapers.com.
13. John J. Duffy, Samuel B. Hand, Ralph H. Orth, editors, The Vermont Encyclopedia, 2003, page 136
14. "Former Gov. Arthur Succumbs at Age 67". Burlington Free Press. Burlington, VT. July 20, 1971. p. 1 – via Newspapers.com.
15. "Gibson, Jr., Appointed". Herald and News. Randolph, VT. June 27, 1940. p. 1 – via Newspapers.com.
16. Joint Committee On Printing, U.S. Congress (1961). Biographical Directory of the American Congress, 1774-1961. Washington, DC: U.S. Government Printing Office. p. 941 – via Google Books.
17. "George D. Aiken Sworn In As U.S. Senator". Barre Daily Times. Barre, VT. Associated Press. January 10, 1941. p. 1 – via Newspapers.com.
18. Samuel B. Hand, The Star That Set: The Vermont Republican Party, 1854–1974, 2003, page 133
19. Michele Hilmes, NBC: America's Network, 2007, page 53
20. University of Vermont, Ernest W. Gibson Papers: Biography, Ernest W. Gibson, retrieved February 20, 2014
21. "Chronological Record of Major Events of Past Year in Brattleboro and Vicinity". Brattleboro Reformer. Brattleboro, VT. January 5, 1943. p. 6 – via Newspapers.com.
22. Brown, Lewis R. (December 1, 1942). "New Lieutenant Colonel". Brattleboro Reformer. Brattleboro, VT. p. 1 – via Newspapers.com.
23. Mark Bushnell, Barre Times Argus, Ernest Gibson: War Hero, Politician, GOP Reformer Archived February 25, 2012, at the Wayback Machine, October 4, 2009
24. Peter Langrock, Beyond the courthouse: Tales of Lawyers and Lawyering, 1999, page 4
25. Associated Press, Troy Record, Judge's Rites Today In Vermont, November 7, 1969
26. Sumner Augustus Davis, Barnabas Davis (1599–1685) and His Descendants, 1973, pages 200–201
27. Robert Dallek, An Unfinished Life: John F. Kennedy, 1917 – 1963, 2003, Chapter 19
28. John F. Kennedy Library, Coconut Shell Paperweight, retrieved February 24, 2014
29. "Advanced Units of 172d Sailed from San Francisco 3 Years Ago". Rutland Herald. Rutland, VT. Morning Press Bureau. September 25, 1943. p. 3 – via Newspapers.com.
30. "Ernest W. Gibson Wins Silver Star". Brattleboro Reformer. Brattleboro, VT. November 10, 1943. p. 1 – via Newspapers.com.
31. "Gibson Awarded Legion of Merit". Brattleboro Reformer. Brattleboro, VT. February 5, 1944. p. 1 – via Newspapers.com.
32. Samuel B. Hand, Anthony Marro, Stephen C. Terry, Philip Hoff: How Red Turned Blue in the Green Mountain State, 2011, page 1
33. Earle Williams Newton, The Vermont Story: A History of the People of the Green Mountain State, 1749–1949, 1949, page 255
34. Theta Chi Fraternity, The Rattle of Theta Chi, 1948
35. Rutland Herald and Barre-Montpelier Times Argus, 20 in 20: Vermont's Great Moments in the 20th Century Archived September 15, 2005, at the Wayback Machine, Ernest Gibson Wins GOP Gubernatorial Primary – 1946, 1999
36. Samuel B. Hand, The Star That Set: The Vermont Republican Party, 1854–1974, 2003, page 36
37. "What the Papers Say: Vermont Political Upheaval". Ogdensburg Advance. Ogdensburg, NY. August 25, 1946. p. 4 – via NewspaperArchive.com.
38. Doyle, Bill (August 1, 2013). "Governor Ernest Gibson". The World. Barre, VT.
39. "Governor Ernest Gibson".
40. Vermont State Archives, Description, Ernest W. Gibson Jr. Papers Archived December 1, 2010, at the Wayback Machine, Biography, 2007, page 1
41. Vermont State Archives, Inaugural Address, Harold J. Arthur Archived February 23, 2014, at the Wayback Machine, January 16, 1950, page 1
42. Kevin O'Connor, Rutland Herald, Is Bernie the Next Aiken? Archived February 24, 2014, at the Wayback Machine, December 17, 2006
43. Vermont Secretary of State, Vermont Legislative Directory, 1969, page 287
44. Yonkers Herald-Statesman, Death Notice, James P. Leamy, July 25, 1949
45. James M. Jeffords, An Independent Man: Adventures of a Public Servant, 2003, page 66
46. Sheldon Goldman, Picking Federal Judges: Lower Court Selection from Roosevelt Through Reagan, 1999, page 69
47. Associated Press, Berkshire Eagle, Vermont Governor Quitting Jan. 15, January 5, 1950
48. Associated Press, North Adams Transcript, Both Sides Claim Gains on Judgeship, December 31, 1969
49. Ernest W. Gibson Jr. at the Biographical Directory of Federal Judges, a publication of the Federal Judicial Center.
50. Army, Navy and Air Force Journal, Named Aide to Army Secy., Volume 93, Issues 27–52, 1956, page 960
51. Laura L. DeFrancisco U.S. Army, New Civilian Aide to the Secretary of the Army Invested, April 16, 2012
52. Miller, Kelton (April 20, 1974). "And Soon to be Candidate: Jerry Diamond; A State's Attorney for All Seasons". Bennington Banner. Bennington, VT.(Incorrectly indicates that he was born in Tennessee.)
53. James M. Jeffords, An Independent Man: Adventures of a Public Servant, 2003, page 56
54. Congressional Quarterly, Inc., Congressional Staff Directory, 2006, page 100
55. Marlo Thomas, editor, The Right Words at the Right Time, 2004, pages 159–160
56. Roderick Stackelberg, Memory and History: Recollections of a Historian of Nazism, 1967–1982, 2011, page 17
57. Hand, Marro, Terry, Philip Hoff: How Red Turned Blue in the Green Mountain State, page xi
58. Michael Sherman, Gene Sessions, P. Jeffrey Potash, Freedom and Unity: A History of Vermont, 2004, page 543
59. "Rep. Salmon Pays Tribute to Late Judge". Brattleboro Reformer. Brattleboro, VT. November 5, 1969. p. 8 – via Newspapers.com.
60. "U.S. Judge's Funeral Set Friday". Troy Record. Troy, NY. Associated Press. November 6, 1969. p. 12 – via Newspapers.com.
61. "Funerals: Ernest W. Gibson". Bennington Banner. Bennington, VT. November 10, 1969. p. 14 – via Newspapers.com.
62. "Austin, Gibson Get Honorary Degrees at UVM". Burlington Free Press. Burlington, VT. June 17, 1947. p. 11.
63. Episcopal Church General Convention, Journal of the General Convention of the Protestant Episcopal Church in the United States of America, 1952, page 87
64. Episcopal Church General Convention, Journal of the General Convention of the Protestant Episcopal Church in the United States of America, 1961, page 155
65. "Biographical Sketch, Ernest W. Gibson Jr" (PDF). Governor Ernest W. Gibson Jr. Papers. Montpelier, VT: Vermont Secretary of State. p. 1. Retrieved December 28, 2018.
66. Bennington Banner, Posthumous Degree Planned, November 14, 1969
67. Vermont Marriage Records, 1909–2008, entry for Ernest William Gibson and Dorothy Pearl Switzer, retrieved February 20, 2014
68. Bennington Banner, Death Notice, Mrs. Ernest W. Gibson, August 18, 1958
69. Vermont Marriage Records, 1909–2008, entry for Ernest W. Gibson and Ann H. Haag, retrieved February 20, 2014
70. Trust Company of Vermont, Directors biography, Ernest W. Gibson III, retrieved February 20, 2014
71. South Coast Today, Letter, Polar Thinking Prevents Deep Thinking, August 9, 2004
72. Joseph R. LaPlante, South Coast Today, Cable Committee Disbanded by Selectmen, December 6, 2005
73. Vermont Bar Association, The Vermont Bar Journal, Volume 25, Issue 3, 1999, page 71
74. Barre-Montpelier Times Argus, Obituary, David A. Gibson, August 19, 2010

External links

• Ernest W. Gibson Jr. at the Biographical Directory of Federal Judges, a publication of the Federal Judicial Center.

• United States Congress. "Ernest W. Gibson Jr. (id: G000159)". Biographical Directory of the United States Congress.
• The Political Graveyard
• Ernest W. Gibson Jr. at National Governors Association
• Ernest William Gibson Memorial on Find A Grave

Party political offices
Preceded by Mortimer R. Proctor	Republican nominee for Governor of Vermont 1946, 1948	Succeeded by Lee E. Emerson
U.S. Senate
Preceded by Ernest Willard Gibson	U.S. senator (Class 3) from Vermont 1940–1941 Served alongside: Warren Austin	Succeeded by George Aiken
Political offices
Preceded by Mortimer R. Proctor	Governor of Vermont 1947–1950	Succeeded by Harold J. Arthur
Legal offices
Preceded by James Patrick Leamy	Judge of the United States District Court for the District of Vermont 1950–1969	Succeeded by James L. Oakes
Preceded by Office established	Chief Judge of the United States District Court for the District of Vermont 1966–1969	Succeeded by Bernard Joseph Leddy