Name | John Jay |
---|---|
Caption | Portrait of John Jay painted by Gilbert Stuart |
Office | 1st Chief Justice of the Supreme Court of the United States |
Termstart | September 26, 1789 |
Termend | June 29, 1795 |
Nominator | George Washington |
Successor | John Rutledge |
Order2 | 2nd Governor of New York |
Term start2 | July 1, 1795 |
Term end2 | June 30, 1801 |
Lieutenant2 | Stephen Van Rensselaer |
Predecessor2 | George Clinton |
Successor2 | George Clinton |
Office3 | 2nd United States Secretary of Foreign Affairs |
Term start3 | May 7, 1784 |
Term end3 | March 22, 1790 |
Predecessor3 | Robert Livingston |
Successor3 | Thomas Jefferson(as United States Secretary of State) |
Office4 | 6th President of the Continental Congress |
Term start4 | December 10, 1778 |
Term end4 | September 28, 1779 |
Predecessor4 | Henry Laurens |
Successor4 | Samuel Huntington |
Birth date | December 12, 1745 |
Birth place | New York, New York |
Death date | May 17, 1829 |
Death place | Bedford, New York |
Spouse | Sarah Livingston (see Livingston family) |
Children | Peter Augustus, Susan, Maria, Ann, William, Sarah Louisa |
Religion | Episcopalian |
Alma mater | King's College (now Columbia University) |
Signature | John Jay Signature2.svg |
John Jay (December 12, 1745 – May 17, 1829) was an American politician, statesman, revolutionary, diplomat, a Founding Father of the United States, and the first Chief Justice of the United States (1789–95).
Jay served as the President of the Continental Congress from 1778 to 1779. During and after the American Revolution, Jay was a minister (ambassador) to Spain and France, helping to fashion United States foreign policy, and to secure favorable peace terms from Great Britain (with Jay's Treaty of 1794) and the First French Republic. Jay also co-wrote the Federalist Papers, along with Alexander Hamilton and James Madison.
As a leader of the new Federalist Party, Jay was the Governor of New York State from 1795 to 1801, and he became the state's leading opponent of slavery. His first two attempts to emancipate the slaves in New York failed in 1777 and in 1785, but his third attempt succeeded in 1799. The 1799 act, a gradual emancipation act, that he signed into law eventually brought about the emancipation of all slaves there before his death in 1829.
His first public role came as secretary to the New York committee of correspondence, where he represented the conservative faction that was interested in protecting property rights and in preserving the rule of law while resisting what it regarded as British violations of American rights. This faction feared the prospect of "mob rule". He believed the British tax measures were wrong and thought Americans were morally and legally justified in resisting them, but as a delegate to the First Continental Congress in 1774 he sided with those who wanted conciliation with Parliament. Events such as the burning of Norfolk, Virginia, by British troops in January 1776 pushed Jay to support independence. With the outbreak of the American Revolutionary War, he worked tirelessly for the revolutionary cause and acted to suppress the Loyalists. Thus Jay evolved into first a moderate and then an ardent Patriot once he decided that all the colonies' efforts at reconciliation with Britain were fruitless and that the struggle for independence which became the American Revolution was inevitable.
Having established a reputation as a reasonable moderate in New York, Jay was elected to serve as delegate to the First and Second Continental Congresses which debated whether the colonies should declare independence. He attempted to reconcile the colonies with Britain, up until the Declaration of Independence. Jay's views became more radical as events unfolded; he became an ardent separatist and attempted to move New York towards that cause.
In 1774, at the close of the Continental Congress, Jay returned to New York. There he served on New York City's Committee of Sixty, where he attempted to enforce a non-importation agreement passed by the First Continental Congress. Jay was elected to the third New York Provincial Congress, where he drafted the Constitution of New York, 1777; his duties as a New York Congressman prevented him from voting on or signing the Declaration of Independence. Jay served on the committee to detect and defeat conspiracies, which monitored British Actions. New York's Provincial Congress elected Jay the Chief Justice of the New York Supreme Court on May 8, 1777, which he served on for two years.
The Continental Congress turned to Jay, an adversary of the previous president Henry Laurens, only three days after Jay became a delegate and elected him President of the Continental Congress. Eight states voted for Jay and four for Laurens. Jay served as President of the Continental Congress from December 10, 1778, to September 28, 1779; he chaired the meetings but had little power.
On September 27, 1779, Jay was appointed Minister to Spain. His mission was to get financial aid, commercial treaties and recognition of American independence. The royal court of Spain refused to officially receive Jay as the Minister of the United States, as it refused to recognize American Independence until 1783, fearing that such recognition could spark revolution in their own colonies. Jay, however, convinced Spain to loan $170,000 to the US government. He departed Spain on May 20, 1782.
On June 23, 1782, Jay reached Paris, where negotiations to end the American Revolutionary War would take place. Benjamin Franklin was the most experienced diplomat of the group, and thus Jay wished to lodge near him, in order to learn from him. The United States agreed to negotiate with Britain separately, then with France. In July 1782, the Earl of Shelburne offered the Americans independence, but Jay rejected the offer on the grounds that it did not recognize American independence during the negotiations; Jay's dissent halted negotiations until the fall. The final treaty dictated that the United States would have Newfoundland fishing rights, Britain would acknowledge the United States as independent and would withdraw its troops in exchange for the United States ending the seizure of Loyalist property and honoring private debts. The treaty granted the United States independence, but left many border regions in dispute, and many of its provisions were not enforced.
Jay believed his responsibility was not matched by a commensurate level of authority, so he joined Alexander Hamilton and James Madison in advocating for a stronger government than the one dictated by the Articles of Confederation. He argued in his Address to the People of the State of New-York, on the Subject of the Federal Constitution that the Articles of Confederation were too weak and ineffective a form of government. He contended that:
The Congress under the Articles of Confederation may make war, but are not empowered to raise men or money to carry it on—they may make peace, but without power to see the terms of it observed—they may form alliances, but without ability to comply with the stipulations on their part—they may enter into treaties of commerce, but without power to [e]nforce them at home or abroad...—In short, they may consult, and deliberate, and recommend, and make requisitions, and they who please may regard them.
The Court's business through its first three years primarily involved the establishment of rules and procedure; reading of commissions and admission of attorneys to the bar; and the Justices' duties in "riding circuit," or presiding over cases in the circuit courts of the various federal judicial districts. No convention existed that precluded the involvement of Supreme Court Justices in political affairs, and Jay used his light workload as a Justice to freely participate in the business of Washington's administration. He used his circuit riding to spread word throughout the states of Washington's commitment to neutrality, then published reports of French minister Edmond-Charles Genet's campaign to win American support for France. However, Jay also established an early precedent for the Court's independence in 1790, when Treasury Secretary Alexander Hamilton wrote to Jay requesting the Court's endorsement of legislation that would assume the debts of the states. Jay replied that the Court's business was restricted to ruling on the constitutionality of cases being tried before it and refused to allow it to take a position either for or against the legislation.
Its first case did not occur until early in the Court's third term, with West v. Barnes (1791). The Court had an early opportunity to establish the principle of judicial review in the United States with the case, which involved a Rhode Island state statute permitting the lodging of a debt payment in paper currency. Instead of grappling with the constitutionality of the law, however, the Court unanimously decided the case on procedural grounds, strictly interpreting statutory requirements.
In Hayburn's Case (1792), the Jay Court made no decision other than to continue the case to a later date, and in the meantime Congress changed the law. The case was about whether a federal statute could require the courts to decide whether petitioning American Revolution veterans qualified for pensions, an non-judicial function. The Jay Court wrote a letter to President Washington to say that determining whether petitioners qualified was an "act ... not of a judicial nature," and that because the statute allowed the legislature and the executive branch to revise the court's ruling, the statute violated the separation of powers as dictated by the United States Constitution.
In Chisholm v. Georgia (1793), the Jay Court had to answer the question: "Was the state of Georgia subject to the jurisdiction of the Supreme Court and the federal government?" In a 4–1 ruling (Iredell dissented and Rutledge did not participate), the Jay Court ruled in favor of two South Carolinan Loyalists who had had their land seized by Georgia. This ruling sparked debate, as it implied that old debts must be paid to Loyalists. The ruling was overturned when the Eleventh Amendment was ratified, as it ruled that the judiciary could not rule on cases where a state was being sued by a citizen of another state or foreign country. The case was brought again to the Supreme Court in Georgia v. Brailsford, and the Court reversed its decision. However, Jay's original Chisholm decision established that states were subject to judicial review.
In Georgia v. Brailsford (1794), the Court upheld jury instructions stating "you [jurors] have ... a right to take upon yourselves to ... determine the law as well as the fact in controversy." Jay noted for the jury the "good old rule, that on questions of fact, it is the province of the jury, on questions of law, it is the province of the court to decide," but this amounted to no more than a presumption that the judges were correct about the law. Ultimately, "both objects [the law and the facts] are lawfully within your power of decision."
The treaty did not resolve American grievances about neutral shipping rights and impressment, and the Republicans denounced it, but Jay, as Chief Justice, decided not to take part in the debates. The failure to get compensation for slaves taken by the British during the Revolution "was a major reason for the bitter Southern opposition". Jefferson and Madison, fearing a commercial alliance with aristocratic Britain might undercut republicanism, led the opposition. Jay complained he could travel from Boston to Philadelphia solely by the light of his burning effigies. However, Washington put his prestige behind the treaty and Hamilton and the Federalists mobilized public opinion. The Senate ratified the treaty by a 20–10 vote (just enough to meet the two thirds majority requirement). Graffiti appeared near Jay's house after the treaty's ratification, reading, "Damn John Jay. Damn everyone that won't damn John Jay. Damn everyone that won't put up the lights in the windows and sit up all nights damning John Jay."
In 1812, relations between Britain and the U.S. faltered. The desire of a group of members in the House of Representatives, known as the War Hawks, to acquire land from Canada and the British impressment of American ships led, in part, to the War of 1812.
As Governor, he received a proposal from Hamilton to gerrymander New York for the presidential election of that year; he marked the letter "Proposing a measure for party purposes which it would not become me to adopt," and filed it without replying. President John Adams then renominated him to the Supreme Court; the Senate quickly confirmed him, but he declined, citing his own poor health and the court's lack of "the energy, weight and dignity which are essential to its affording due support to the national government."
While governor, Jay ran in the 1796 presidential election, winning five electoral votes, and in the 1800 election, winning one vote.
Jay declined the Federalist renomination for governor in 1801 and retired to the life of a farmer in Westchester County, New York. Soon after his retirement, his wife died. Jay remained in good health, continued to farm and stayed out of politics.
What remains of the original estate is a parcel called the Jay Property and the 1838 Peter Augustus Jay House built by Peter Augustus Jay over the footprint of his father's original home "The Locusts." Stewardship of the site and restoration of several of its buildings for educational use was entrusted by the New York State Board of Regents to the Jay Heritage Center.
John Jay's house located near Katonah, New York, also known as Bedford House, is preserved as a National Historic Landmark and as the John Jay Homestead State Historic Site.
in Washington, D.C.]] Jay was pushing at an open door; every member of the New York legislature (but one) had voted for some form of emancipation in 1785; they had differed on what rights to give the free blacks afterwards. Aaron Burr both supported this bill and introduced an amendment calling for immediate abolition. The 1799 bill settled the matter by guaranteeing no rights at all. The 1799 "An Act for the Gradual Abolition of Slavery" provided that, from July 4 of that year, all children born to slave parents would be free (subject only to apprenticeship) and that slave exports would be prohibited. These same children would be required to serve the mother’s owner until age twenty-eight for males and age twenty-five for females. The law thus defined a type of indentured servant while slating them for eventual freedom. All slaves were emancipated by July 4, 1827; the process may perhaps have been the largest emancipation in North America before 1861, except for the British Army's recruitment of runaway slaves during the American Revolution.
In the close 1792 election, Jay's antislavery work hurt his election chances in upstate New York Dutch areas, where slavery was still practiced. In 1794, in the process of negotiating the Jay Treaty with the British, Jay angered Southern slave-owners when he dropped their demands for compensation for slaves who had been captured and carried away during the Revolution. He made a practice of buying slaves and then freeing them when they were adults and he judged their labors had been a reasonable return on their price; he owned eight in 1798, the year before the emancipation act was passed.
In a letter addressed to Pennsylvania House of Representatives member John Murray, dated October 12, 1816, Jay wrote, "Providence has given to our people the choice of their rulers, and it is the duty, as well as the privilege and interest, of our Christian nation to select and prefer Christians for their rulers."
On December 12, 1958, the United States Postal Service released a 15¢ Liberty Issue postage stamp honoring Jay.
There are also high schools named after Jay located in Cross River, New York; Hopewell Junction, New York and San Antonio, Texas. The Best Western Hotel chain named several of their colonial motif hotels the John Jay Inn.
Exceptional undergraduates at Columbia University are designated John Jay Scholars, and one of that university's undergraduate dormitories is known as John Jay Hall. The John Jay Center on the campus of Robert Morris University and the John Jay Institute for Faith, Society & Law are also named for him.
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Category:1745 births Category:1829 deaths Category:American people of French descent Category:Chief Justices of the United States Category:Continental Congressmen from New York Category:Governors of New York Category:New York Federalists Category:United States presidential candidates, 1796 Category:United States Secretaries of State Category:United States vice-presidential candidates, 1800
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