Jay, John

From New World Encyclopedia
(New page: {{Started}} :''This article is about the Chief Justice of the United States. For his grandson, a politician and lawyer, see John Jay (lawyer).'' {{Infobox Judge | name = ...)
 
(30 intermediate revisions by 8 users not shown)
Line 1: Line 1:
{{Started}}
+
{{Images OK}}{{submitted}}{{approved}}{{Paid}}{{Copyedited}}
 +
{{epname|Jay, John}}
  
:''This article is about the [[Chief Justice of the United States]]. For his grandson, a politician and lawyer, see [[John Jay (lawyer)]].''
 
 
{{Infobox Judge
 
{{Infobox Judge
 
| name          = John Jay
 
| name          = John Jay
Line 8: Line 8:
 
| caption      =  
 
| caption      =  
 
| office        = 1st [[Chief Justice of the United States]]
 
| office        = 1st [[Chief Justice of the United States]]
| termstart    = October 19 1789
+
| termstart    = October 19, 1789
| termend      = June 29 1795
+
| termend      = June 29, 1795
 
| nominator    = [[George Washington]]
 
| nominator    = [[George Washington]]
 
| appointer    =  
 
| appointer    =  
Line 15: Line 15:
 
| successor    = [[John Rutledge]]
 
| successor    = [[John Rutledge]]
 
| order2        = 2nd [[Governor of New York]]
 
| order2        = 2nd [[Governor of New York]]
| term_start2  = April 1 1795  
+
| term_start2  = July 1, 1795  
| term_end2    = April 1 1801  
+
| term_end2    = June 30, 1801  
 
| lieutenant2  = [[Stephen Van Rensselaer]]  
 
| lieutenant2  = [[Stephen Van Rensselaer]]  
 
| predecessor2  = [[George Clinton]]
 
| predecessor2  = [[George Clinton]]
 
| successor2    = [[George Clinton]]
 
| successor2    = [[George Clinton]]
| birthdate    = December 12 1745
+
| birthdate    = December 12, 1745
 
| birthplace    = [[New York City|New York]], [[New York]]
 
| birthplace    = [[New York City|New York]], [[New York]]
 
| deathdate    = {{death date and age|1829|5|17|1745|12|12}}
 
| deathdate    = {{death date and age|1829|5|17|1745|12|12}}
Line 27: Line 27:
 
| religion      = [[Episcopalian]]
 
| religion      = [[Episcopalian]]
 
}}
 
}}
'''John Jay''' (December 12 1745 – May 17 1829) was an [[United States|American]]  politician, statesman, revolutionary, diplomat, and jurist. Considered one of the [[Founding Fathers of the United States|"founding fathers" of the United States]], Jay served in the [[Continental Congress]], and was elected President of that body in 1778. During and after the [[American Revolution]], he was a minister (ambassador) to [[Spain]] and [[France]], helping to fashion American foreign policy and to secure favorable peace terms from the [[Kingdom of Great Britain|British]] and French. He co-wrote the ''[[Federalist Papers]]'' with [[Alexander Hamilton]] and [[James Madison]]. Jay served on the [[Supreme Court of the United States|U.S. Supreme Court]] as the first [[Chief Justice of the United States]] from 1789 to 1795. In 1794 he negotiated the [[Jay Treaty]] with the British. A leader of the new [[Federalist Party (United States)|Federalist party]], Jay was elected Governor of New York state, 1795-1801. He was the leading opponent of slavery and the slave trade in New York. His first attempt to pass emancipation legislation failed in 1777, and failed again in 1785, but he succeeded in 1799, signing the law that eventually emancipated the slaves of New York; the last were freed before his death.  
+
'''John Jay''' (December 12, 1745 – May 17, 1829) was an [[United States|American]]  politician, statesman, revolutionary, diplomat, and jurist, best known as the first Chief Justice of the [[U.S. Supreme Court]].
 +
 
 +
Considered one of the [[Founding Fathers of the United States|"Founding Fathers" of the United States]], Jay served in the [[Continental Congress]] and was elected president of that body in 1778. During and after the [[American Revolution]], he was the ambassador to [[Spain]] and [[France]], helping to fashion American foreign policy and to secure favorable peace terms from the [[Kingdom of Great Britain|British]] and French. He co-wrote the ''[[Federalist Papers]]'' with [[Alexander Hamilton]] and [[James Madison]].  
 +
 
 +
Jay served on the [[Supreme Court of the United States|U.S. Supreme Court]] as the first [[Chief Justice of the United States]] from 1789 to 1795. In 1794, he negotiated the [[Jay Treaty]] with the British.  
 +
{{toc}}
 +
A leader of the new [[Federalist Party (United States)|Federalist Party]], Jay was elected Governor of New York from 1795-1801. He was a leading opponent of [[slavery]] and the slave trade in New York. A deeply religious man, in later life he served as president of the [[American Bible Society]].
 +
 
 
== Early life ==
 
== Early life ==
John Jay was born on December 12, 1745, to a wealthy family of merchants in [[New York City]]. His family, descended from French [[Huguenot]] stock, was prominent in New York City. Jay had numerous rich and prominent ancestors and relatives including his paternal (fatherly, maternal is motherly) grandfather [[Jacobus Van Cortlandt]].  
+
John Jay was born on December 12, 1745 to a wealthy family of merchants in [[New York City]]. His family, descended from French [[Huguenot]] stock, was prominent in New York City. Jay had numerous rich and prominent ancestors and relatives, including his maternal grandfather, [[Jacobus Van Cortlandt]].  
  
Jay attended King's College, the forerunner of today's [[Columbia University]], and began the practice of law in 1768 in partnership with his relative by marriage, [[Robert Livingston (1746-1813)|Robert Livingston]]. A successful lawyer, Jay also engaged in land speculation. 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 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 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 (American Revolution)|Patriot]], once he realized that all the colonies' efforts at reconciliation with Britain were fruitless, and that the struggle for independence which became the [[American Revolution]] was inevitable and necessary.<ref> Klein (2000)</ref>
+
Jay attended King's College in New York, the forerunner of today's [[Columbia University]], and began the practice of law in 1768 in partnership with his relative by marriage, [[Robert Livingston (1746-1813)|Robert Livingston]]. A successful lawyer, Jay also engaged in land speculation. His first public role came as secretary to the New York [[committee of correspondence]], where he represented the conservative faction that was interested in resisting British violations of American rights while protecting property rights and preserving the rule of law. Jay believed the British tax measures were wrong and that 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]].  
  
 
== Roles in the American Revolution ==
 
== Roles in the American Revolution ==
Having established a reputation as a “reasonable moderate” in New York, Jay was elected to serve as delegate to the First and Second [[Continental Congress]]es which debated whether the colonies should declare independence. He attempted to reconcile America with Britain, up until the [[United States Declaration of Independence|Declaration of Independence]]. Jay's views became more radical as events unfolded; he became an ardent Patriot and was influential in moving New York towards independence.
+
Having established a reputation as a “reasonable moderate” in New York, Jay was elected to serve as a delegate to the First and Second [[Continental Congress]]es which debated whether the colonies should declare independence. He attempted to reconcile America with Britain, up until the [[United States Declaration of Independence|Declaration of Independence]]. Events such as the burning of Norfolk, Virginia by British troops in January 1776 pushed Jay to support independence. Jay's views became more radical as events unfolded; he became an ardent [[Patriot]].
  
Jay did not attend the Continental Congress as it debated the independence; he was needed back in New York.  There he was quite busy:  
+
Jay did not personally attend sessions of the Continental Congress as it debated the independence question. However, in New York, he was instrumental in supporting the cause of independence:
* He served in the New York Provincial Congress and drafted the [[Constitution of New York, 1777|first state constitution]].
+
* He served on the committee of correspondence which was attempting to coordinate the rebellious activities of the various colonial states with the actual fighting in Massachusetts.
+
* He served in the New York Provincial Congress in 1776 and 1777 and had a formative influence in drafting its [[Constitution of New York, 1777|first state constitution]].
* He served on the committee to detect and defeat conspiracies.  This committee was active in gathering intelligence on British actions and in counter-intelligence about "loyalist" activities.
+
* He served on the committee of correspondence which was attempting to coordinate the activities of the various colonial states with the actual fighting in [[Massachusetts]].
 +
* He served on the committee to detect and defeat [[Loyalist]] conspiracies.
 
* He served as the first chief justice of the [[New York Supreme Court]] from April 1777 to December 1778.
 
* He served as the first chief justice of the [[New York Supreme Court]] from April 1777 to December 1778.
 +
* He was chosen as President of the Continental Congress from December 10, 1778 to September 27, 1779.
  
 
==Diplomat==
 
==Diplomat==
Once he returned to America, Jay was chosen as President of the Continental Congress from December 10, 1778 to September 27, 1779. He then became one of the most important diplomats of the new nation, as minister plenipotentiary to [[Spain]], and as peace commissioner (in which he negotiated treaties with Spain and [[France]]). In many ways, John Jay played an indispensable role as an American Patriot during the Revolutionary War and afterwards. As one of the most scholarly and dedicated of the “founders” of the United States, he was one of the three or four most important diplomats in “winning the peace.
+
[[Image:Treaty of Paris by Benjamin West 1783.jpg|thumb|300px|John Jay (left) at the Treaty of Paris with [[John Adams]], [[Benjamin Franklin]], [[Henry Laurens]], and [[William Temple Franklin]]. The British commissioners refused to pose, so the painting was never finished.]]
 +
 
 +
The fall of 1779, found Jay selected for a mission to [[Spain]], where he spent a frustrating three years seeking diplomatic recognition, financial support, and a [[treaty]] of alliance and [[commerce]]. He was to spend the next four years abroad in his nation's service both as commissioner to Spain and then in [[Paris]], where he was a member of the American delegation that negotiated the peace terms ending America's War of Independence with Britain. This process culminated with the signing of the [[Treaty of Paris]] in September 1783.
 +
 
 +
Jay returned to the United States in July, 1784 to discover that he had, in his absence, been elected [[Secretary for Foreign Affairs]]. In that role, he was confronted by difficult issues stemming from violations of the Treaty of Paris by both countries—issues that he would later revisit in negotiations with Britain in 1794 and which would be addressed again in the resulting [[Jay Treaty.]] Beyond his dealings with [[Great Britain]], Jay succeeded in having the French accept a revised version of the [[Consular Convention]] that [[Benjamin Franklin]] had earlier negotiated; he attempted to negotiate a treaty with Spain in which commercial benefits would have been exchanged for a renunciation of American access to the [[Mississippi River]] for a number of years; and he endeavored, with limited resources, to secure the freedom of Americans captured and held for ransom in [[Algiers]] by so-called [[Barbary Pirates]]. The frustrations he suffered as Secretary for Foreign Affairs, a post he held until 1789, clearly impressed upon him the need to construct a government more powerful than that under the Articles of Confederation. Though not selected to attend the [[Philadelphia Convention]], he was a leading proponent of the principles that the new [[Constitution]] embodied and played a critical role in its ratification.
  
 
==Slavery==
 
==Slavery==
Jay was a leader against slavery after 1777, when he drafted a state law to abolish slavery; it failed as did a second attempt in 1785.<ref> John Jay and Sarah Livingston Jay, ''Selected Letters of John Jay and Sarah Livingston Jay'' (2005) pp 297-99; online at [http://books.google.com/books?vid=ISBN0786419555&id=jzcj94inkDAC&pg=RA2-PA297&lpg=RA2-PA297&ots=Bn90cdzeso&dq=%22john+jay%22+manumission&sig=3ZXPwB2GBEa-JBqZBYaaZ9hqM5Y] </ref>  Jay was the founder and president of the [[New York Manumission Society]], in 1785. The Society organized boycotts against newpapers and merchants in the slave trade, and provided legal counsel for free blacks claimed as slaves.<ref> Roger G. Kennedy, ''Burr, Hamilton, and Jefferson: A Study in Character'' (2000) p. 92 </ref>  The Society helped enact the  gradual emancipation of slaves in New York in 1799, which Jay signed into law as governor.  
+
Jay was a leader against [[slavery]] after 1777, when he drafted a state law to abolish slavery. It failed to pass, as did a second attempt in 1785. Jay was the founder and president of the [[New York Manumission Society]], in 1785. The Society organized [[boycott]]s against newspapers and merchants in the slave trade and provided legal counsel for free blacks who were claimed as slaves.
  
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 4th 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 the children of slaves as a type of indentured servant while slating them for eventual freedom.<ref>Edgar J. McManus, ''History of Negro Slavery in New York'' </ref> The last slaves were emancipated by July 4, 1827; the process may perhaps have the largest emancipation in North America before 1861,<ref>; Jake Sudderth," John Jay and Slavery" (2002) at [http://www.columbia.edu/cu/lweb/digital/jay/JaySlavery.html]</ref> except for the British Army's recruitment of runaway slaves during the [[American Revolution]].<ref>Gordon S. Wood, ''American Revolution'', p. 114</ref>  In the close 1792 election, Jay's antislavery work hurt his election chances in upstate New York Dutch areas, where slavery was still practiced.<ref>Herbert S. Parmet and Marie B. Hecht, ''Aaron Burr'' (1967)  p. 76</ref> In 1794 Jay angered southern slaveowners when, in the process of negotiating the Jay Treaty with the British, he dropped their demands for compensation for slaves owned by patriots who had been captured and carried away during the Revolution.
+
[[Image:George Clinton.png|thumb|left|150px|George Clinton, who defeated Jay in the New York governor's race in 1792 and later served as U.S. Vice President]]
  
Jay 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. <ref>{{cite web |url=http://www.johnjayinstitute.org/index.cfm?get=get.johnjaypaper |title=John Jay: An American Wilberforce? |accessdate=2006-12-13 |last=Crippen II |first=Alan R. |year=2005}}</ref>
+
In the close 1792 gubernatorial election, Jay's antislavery work hurt his election chances in upstate New York Dutch areas, where slavery was still practiced. As a result, he was defeated by the Democratic-Republican candidate, [[George Clinton]]. In 1794, Jay angered southern slave-owners when, in the process of negotiating the [[Jay Treaty]] with the British, he dropped their demands for compensation for slaves owned by Patriots who had been captured and carried away during the Revolution.
 +
 
 +
The New York Manumission Society helped enact the gradual emancipation of slaves in New York in 1799, which Jay signed into law as governor. Jay himself made a practice of buying slaves, and then freeing them when they were adults. He judged that their labors had been a reasonable return on their price; he owned eight slaves in 1798, the year before the emancipation act was passed.
 +
 
 +
The 1799 "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 the export of slaves would be prohibited. However, these children would be required to serve the mother’s owner until age 28 for males and age 25 for females. The law thus defined the children of slaves as a type of indentured servant while slating them for eventual freedom. [[Aaron Burr]] introduced an amendment calling for immediate [[abolition]], but eventually supported it as written.
 +
 
 +
The last New York 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]].
  
 
== Secretary of Foreign Affairs ==
 
== Secretary of Foreign Affairs ==
In 1784-90, Jay served as the second Secretary of Foreign Affairs, an office which after 1789 became [[United States Secretary of State|Secretary of State]]. He sought to establish a strong and durable American foreign policy: to seek the recognition of the young independent nation by powerful and established foreign European powers; to establish a stable American currency and credit supported at first by financial loans from European banks; to pay back America's creditors and to quickly pay off the country's heavy War-debt; to secure the infant nation's territorial boundaries under the most-advantageous terms possible and against possible incursions by the Indians, Spanish, the French and the English; to solve regional difficulties among the colonies themselves; to secure Newfoundland fishing rights; to establish a robust maritime trade for American goods with new economic trading partners; to protect American trading vessels against piracy; to preserve America's reputation at home and abroad; and to hold the country together politically under the fledgling [[Articles of Confederation]]. 
+
In 1784-1790, Jay served as the second U.S. Secretary of Foreign Affairs, an office which after 1789 became [[United States Secretary of State|Secretary of State]]. Among his goals for American foreign policy were:
 +
* to seek the recognition of the young independent nation by the established foreign European powers
 +
* to secure loans from European banks to establish a stable American [[currency]] and [[credit]]
 +
* to pay off the country's heavy War debt and other commitments
 +
* to secure the infant nation's territorial boundaries under the most-advantageous terms possible and against possible incursions by the Spanish, French, English, and Indians
 +
* to solve regional difficulties among the colonies themselves
 +
* to secure Newfoundland fishing rights
 +
* to establish a robust maritime trade for American goods with new economic trading partners
 +
* to protect American trading vessels against piracy
 +
* to preserve America's reputation at home and abroad
  
Jay's heavy responsibility was not, however, matched by a commensurate level of authority, which helped to convince him that the national government under the Articles of Confederation was unworkable. Thus, he joined [[Alexander Hamilton]] and [[James Madison]] in attacking the Articles. He argued in his [http://hdl.loc.gov/loc.rbc/bdsdcc.c0501 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:
+
Under the pre-Constitutional system, Jay's office was that of a sort of "prime minister" of United States, with the primary goal of strengthening the fledgling national government. Jay believed that both at home and abroad Americans must adhere to moral principles, among them honesty, patriotism, duty, and hard work along with obedience to God's will. At the same time, he advocated economic and military strength for the United States and worked to avoid crippling foreign entanglements. Through his domestic policies, Jay hoped to remake Congress into a House of Commons. The weakness of Congress under the Articles, however, frustrated Jay.
<blockquote>
 
[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 inforce them at home or abroad…—In short, they may consult, and deliberate, and recommend, and make requisitions, and they who please may regard them.
 
</blockquote>
 
Kaminsky (2002) argues that Jay was the de facto "prime minister" with the primary goal of strengthening the fledgling national government. Jay believed that both at home and abroad Americans must adhere to moral principles, among them honesty, patriotism, duty, and hard work along with obedience to God's will. At the same time, he advocated economic and military strength for the United States and worked to avoid crippling foreign entanglements. Through his domestic policies, Jay hoped to remake Congress into a House of Commons. The weakness of Congress under the Articles, however, frustrated Jay, and by 1786 he became pessimistic about America's future.
 
  
During the Transition from Confederation to Constitutional government, Jay continued to serve as Secretary of Foreign Affairs well into the first administration of George Washington, in fact, remaining in office until [[Thomas Jefferson]] returned from France on March 22, 1790.
+
During the transition from a confederation to a constitutional government, Jay continued to serve as Secretary of Foreign Affairs well into the first administration of [[George Washington]], in fact, remaining in office until [[Thomas Jefferson]] returned from France on March 22, 1790.
  
===''Federalist Papers'' 1788 ===
+
==Federalism==
Jay did not attend the [[Constitutional Convention (United States)|Constitutional Convention]], but he joined Hamilton and Madison in aggressively arguing in favor of the creation of a new and more powerful, centralized, but nonetheless balanced system of government. Writing under the shared pseudonym of "[[Publius]]," they articulated this vision in the ''[[Federalist Papers]]'', a series of eighty-five articles, written to persuade the citizenry to ratify the proposed [[Constitution of the United States]]. Jay wrote five of these articles:
+
Jay's heavy responsibility was not, however, matched by a commensurate level of authority, which helped to convince him that the national government under the [[Articles of Confederation]] was unworkable. Thus, he joined [[Alexander Hamilton]] and [[James Madison]] in criticizing the Articles. He argued in his "Address to the People of the State of New-York on the Subject of the Federal Constitution" that:
  
* [[:wikisource:The Federalist Papers/No. 2|Federalist #2 Concerning Dangers from Foreign Force and Influence]]
+
{{cquote|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 enforce them at home or abroad… In short, they may consult, and deliberate, and recommend, and make requisitions, and they who please may regard them.|20px|}}
* [[:wikisource:The Federalist Papers/No. 3|Federalist #3 Concerning Dangers from Foreign Force and Influence (continued)]]
 
* [[:wikisource:The Federalist Papers/No. 4|Federalist #4 Concerning Dangers from Foreign Force and Influence (continued)]]
 
* [[:wikisource:The Federalist Papers/No. 5|Federalist #5 Concerning Dangers from Foreign Force and Influence (continued)]]
 
* [[:wikisource:The Federalist Papers/No. 64|Federalist #64 The Powers of the Senate]]
 
  
Jay's essays were shaped most powerfully by his training as a lawyer and his deep grasp of the importance of the figure of the lawgiver in the tradition of republican political thought. Jay combined such elements with a Christian aesthetic vision glorifying the idea of national union, a rhetorical synthesis central to ''The Federalist's'' popular appeal in political debate.<ref>Ferguson, (1999)</ref>
+
[[Image:Alexander Hamilton portrait by John Trumbull 1806.jpg|170px|thumb|Alexander Hamilton]]
 +
[[Image:Jm4.gif|thumb|150px|left|James Madison]]
 +
 
 +
Jay joined Hamilton and Madison in aggressively arguing in favor of the creation of a new and more powerful, centralized, but nonetheless balanced system of government. Writing under the shared pseudonym of "[[Publius]]," they articulated this vision in the ''[[Federalist Papers]]'', a series of 85 articles, written in 1788 to persuade the citizenry to ratify the proposed [[Constitution of the United States]]. Jay wrote five of these articles: numbers 2, 3, 4, and 5 "Concerning Dangers from Foreign Force and Influence;" and number 64 on "The Powers of the Senate."
 +
 
 +
Jay's essays were shaped most powerfully by his training as a lawyer and his deep grasp of the importance of the figure of the lawgiver in the tradition of republican political thought. Jay combined such elements with a Christian aesthetic vision glorifying the idea of a national union, a rhetorical synthesis central to ''The Federalist's'' popular appeal in political debate.
  
 
== The Jay Court, 1790-1795 ==
 
== The Jay Court, 1790-1795 ==
In 1789, [[George Washington]] nominated Jay as the first [[Chief Justice of the United States]]. As chief justice during 1790-95, John Jay was instrumental in establishing the internal procedures of the Supreme Court and setting legal precedents. Jay's most notable case  was ''[[Chisholm v. Georgia|Chisholm v. Georgia (1793)]]'', in which Jay and the court affirmed that some of the state's sovereignty was subordinate to the United States Constitution. Unfavorable reaction to the decision led to adoption of the [[Eleventh Amendment to the United States Constitution|Eleventh Amendment]] which denied federal courts authority in suits against a state by citizens of different state or by subjects or citizens of a foreign state. Jay's decision set the groundwork for judicial activism under Chief Justice [[John Marshall]] in the early 1800s.<ref> Johnson (2000)</ref>
+
In 1789, [[George Washington]] nominated Jay as the first [[Chief Justice of the United States]]. Serving from 1790-1795, Jay was instrumental in establishing the internal procedures of the Court and setting legal precedents. His most notable case  was ''[[Chisholm v. Georgia|Chisholm v. Georgia (1793)]]'', in which Jay and the Court affirmed that some of the state's sovereignty was subordinate to the [[United States Constitution]]. Unfavorable reaction to the decision led to the adoption of the [[Eleventh Amendment to the United States Constitution|Eleventh Amendment]] which denied federal courts authority in suits against a state by citizens of a different state or by subjects or citizens of a foreign state.
  
== The Jay Treaty of 1794 with Britain==
+
However, Jay's decision set the groundwork for judicial activism under Chief Justice [[John Marshall]] in the early 1800s, whose work established that the courts are entitled to exercise [[judicial review]], the power to strike down both state and federal laws that violate the Constitution.
  
Relations with Britain verged on war in 1794. Madison proposed a trade war, "A direct system of commercial hoistility with Great Britain," assuming that Britain was so weakened by its war with France that it would agree to American terms and not declare war. <ref>Elkins and McKitrick p 405</ref>  Washington rejected that policy and sent Jay as a special envoy to [[Great Britain]] to negotiate a new treaty; Jay remained Chief Justice. [[Alexander Hamilton]], always a close collaborator with Jay, selected Jay and wrote the instructions. The main goals were to avert war with Britain, settle financial and boundary issues left over from the Revolution, open trading opportunities with British colonies in the Caribbean, and establish friendly relations with America's chief trading partner. Jay achieved those goals in the [[Jay Treaty]]. The British also achieved their main goal, which was to keep the U.S. neutral in the ongoing war between Britain and France. Jay thought, and Washington agreed, that it was the best treaty he could negotiate, and Washington signed it. The Senate, however, would ratify only if a provision restricting American shipment of cotton were removed.  When Washington consulted the British minister, it turned out that the British had no objection to removing the clause. Bradford Perkins <ref>''First Rapprochement'' p.3</ref> wonders if a "more astute" negotiator might not have gotten better terms in the first place.  The treaty did not resolve American grievances about neutral shipping rights and [[impressment]], Elkins and McKitrick concluded that Britain would never have agreed to the neutral rights that Jefferson and Madison sought, and that apart from Jay "no other American could have got anything nearly as good.".<ref>Elkins and McKitrick, ch 9; quote on p. 410</ref>
+
== The Jay Treaty==
 +
Relations with [[Britain]] verged on war in 1794. [[James Madison]] proposed a trade war, "A direct system of commercial hostility with [[Great Britain]]," assuming that Britain was so weakened by its war with [[France]] that it would agree to American terms and not declare war. [[George Washington|Washington]] rejected that policy and—in collaboration with Treasury Secretary [[Alexander Hamilton]]—sent Jay as a special envoy to Great Britain to negotiate a new treaty. However, Jay remained Chief Justice. The main goals were to avert war with Britain, settle financial and boundary issues left over from the Revolution, open trading opportunities with British colonies in the [[Caribbean]], and establish friendly relations with Britain as America's chief trading partner. Jay achieved those goals in the document known to history as the [[Jay Treaty]]. The British also achieved their main goal, which was to keep the United States neutral in the ongoing war between Britain and France.  
  
The Republicans denounced the treaty up and down the land, but Jay, as Chief Justice, decided not to take part in the debates.<ref> Estes (2002)</ref> The failure to get compensation for slaves taken by the British during the Revolution, "was a major reason for the bitter Southern opposition." <ref>quoting Don Fehrenbacher, ''The Slaveholding Republic'' (2002) p. 93; Frederick A. Ogg, "Jay's Treaty and the Slavery Interests of the United States." ''Annual Report of the American Historical Association for the Year 1901'' (1902) 1:275-86 in JSTOR.</ref> 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, led by Hamilton, the new [[Federalist Party (United States)|Federalist party]] strongly backed Jay and Washington, and won the battle of public opinion. <ref>Todd Estes, "Shaping the Politics of Public Opinion: Federalists and the Jay Treaty Debate." ''Journal of the Early Republic'' (2000) 20(3): 393-422. ISSN 0275-1275; [http://links.jstor.org/sici?sici=0275-1275%28200023%2920%3A3%3C393%3ASTPOPO%3E2.0.CO%3B2-D online at JSTOR] </ref>. Washington put his prestige on the line 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 2/3 requirement.The treaty averted war, resolved the issues of the Revolution, gave America control over its western lands, expanded trade, and brought a decade of peace and prosperous trade between American and the world's strongest naval power, Britain. Peaceful relations broke down in 1805, followed by war in 1812.
+
Jay thought, and Washington agreed, that it was the best treaty he could negotiate, and Washington signed it. The Senate, however, would ratify it only if the British agreed to remove a provision restricting American shipment of cotton. When Washington consulted the British minister, it turned out that the British had no objection to removing the clause.
 +
 
 +
The Republicans denounced the treaty, but Jay, as Chief Justice, decided not to take part in the debates. Jay's failure to obtain compensation for slaves taken by the British during the Revolution was a major reason for the bitter Southern opposition. [[Thomas Jefferson|Jefferson]] and [[James Madison|Madison]], fearing a commercial alliance with aristocratic Britain might undercut republicanism, led the opposition. Jay became a convenient symbol for those opposed to the treaty, and he half-jokingly complained he could travel from [[Boston]] to [[Philadelphia]] at night, solely by the light of his burning effigies.
 +
 
 +
Washington put his prestige on the line 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 requirement. The treaty averted war, resolved the remaining issues of the Revolution, gave America control over its western lands, expanded trade, and brought a decade of peace and prosperous trade between American and the world's strongest naval power, Britain.
  
 
== Governor of New York ==
 
== Governor of New York ==
While in Britain, Jay was elected governor of [[New York|New York State]] as a [[Federalist Party (United States)|Federalist]]. He resigned from the Supreme Court, and served as governor until 1800. As Governor, he received a proposal from Hamilton to [[gerrymander]] New York for the Presidential election of that year; he endorsed the letter "Proposing a measure for party purposes which it would not become me to adopt," and filed it without replying.<ref> Monaghan, pp.419-21; {{cite journal|title=Was Alexander Hamilton a Christian Statesman?
+
While in Britain, Jay was elected governor of [[New York|New York State]] as a [[Federalist Party (United States)|Federalist]]. He resigned from the Supreme Court and served as governor until 1801. As Governor, he received a proposal from Hamilton to [[gerrymander]] New York for the Presidential election of that year. He noted on the letter: "Proposing a measure for party purposes which it would not become me to adopt," and filed it without replying. President [[John Adams]] later renominated him to the United States 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."
|first=Douglass|last= Adair|coauthor= Marvin Harvey|journal=
+
 
The William and Mary Quarterly|Issue= 3rd Ser., Vol. 12, No. 2, Alexander Hamilton: 1755-1804. (Apr., 1955|pages=. 308-329.|url= http://links.jstor.org/sici?sici=0043-5597%28195504%293%3A12%3A2%3C308%3AWAHACS%3E2.0.CO%3B2-4}}</ref>President [[John Adams]] then renominated him to the US 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."
+
The [[Federalism|Federalists]] nominated Jay as governor again in 1801, but he declined and retired to the life of a gentleman farmer in [[Westchester County, New York]]. His home and part of his farm are now operated as the John Jay Homestead by the New York Department of Parks, Recreation, and Historic Preservation, and is located on New York state route 22 in [[Katonah, New York|Katonah]], near [[Bedford (town), New York|Bedford]].
 +
 
 +
Jay lived on for more than two and a half decades, dying at home on May 15, 1829. He was buried in a family plot on his son Peter's farm in [[Rye, New York]].
 +
 
 +
==Religion==
 +
[[Image:Trinitychurch.png|thumb|200px|Trinity Church in New York, where John Jay was an officer]]
 +
An Anglican, Jay had been a warden (lay officer) of [[Trinity Church, New York]] since 1785. As Secretary for Foreign Affairs, he supported a proposal after the Revolution that the [[Archbishop of Canterbury]] approve the ordination of bishops for the [[Episcopal Church in the United States of America|Protestant Episcopal Church]] in America. Afterward, he continued to work as an active leader in the reconstitution of the Episcopal Church in the United States.
  
Despite Federalist nomination as governor in 1802, Jay declined and retired to the life of a gentleman farmer in [[Westchester County, New York]]. His home and part of his farm are now operated as the John Jay Homestead [http://www.nysparks.com/sites/info.asp?siteID=16] by the New York Department of Parks, Recreation, and Historic Preservation, and is located on NY state route 22 in [[Katonah, New York|Katonah]], near [[Bedford (town), New York|Bedford]].  
+
In New York, Jay argued unsuccessfully in the [[provincial]] convention for a prohibition against [[Catholic]]s holding office. However, in February 1788, the New York legislature under Jay's guidance approved an act requiring officeholders to renounce all foreign authorities "in all matters ecclesiastical as well as civil," a law designed to discourage Catholics from holding public office, while not banning them outright.
  
Jay died at home on May 15, 1829. He was buried in a family plot on his son Peter's farm in [[Rye, New York]]. This home today is a part of the ''Jay Heritage Center'', located at 210 Boston Post Road in Rye. It is also open as a museum.
+
Throughout his public career and in retirement Jay was active in various works of [[Christian]] [[philanthropy]]. Motivated by his faith, he became a leading advocate of [[manumission]] and the abolition of the slave trade.  
  
[http://www.westchestertourism.com/attractions/TourismDetailRecord2New.asp?lngOrgID=1982&strCategoryDescription=Attractions Jay Heritage Center] (childhood home of John Jay) <br/>
+
Jay felt strongly about the role of Christianity in the life of the new nation. He declared:
210 Boston Post Road<br/>   
 
Rye, New York 10580
 
  
[http://www.johnjayhomestead.org John Jay Homestead State Historic Site]<br/>
+
:''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.'' October 12, 1816''
400 Route 22 ''(Jay Street)''<br/>
 
Katonah, New York 10536
 
*[http://wikimapia.org/#y=41250500&x=-73657751&z=16&l=0&m=h See aerial view]
 
  
==Religion==
+
John Jay served as vice president of the [[American Bible Society]] in 1816 until his election as president of the organization in 1821. He then served as president until 1827. In accepting the position of president, he wrote, “They who regard these [bible] Societies as deriving their origin and success from the author and Giver of the Gospel cannot forbear concluding it to be the duty of Christians to promote the purposes for which they have been established; and that is particularly incumbent on their officers to be diligent in the business committed to them.
Jay had been a warden of [[Trinity Church, New York]] since 1785; and, as Congress's Secretary for Foreign Affairs, supported the proposal after the revolution that the [[Archbishop of Canterbury]] approve the ordination of bishops for the [[Episcopal Church in the United States of America|Protestant Episcopal Church]] in America.  <ref>{{cite web |url=http://www.johnjayinstitute.org/index.cfm?get=get.johnjaypaper |title=John Jay: An American Wilberforce? |accessdate=2006-12-13 |last=Crippen II |first=Alan R. |year=2005}}</ref>
 
  
In New York, Jay argued unsuccessfully in the [[provincial]] convention for a prohibition against [[Catholics]] holding office.{{Fact|date=April 2007}} In February 1788, the New York legislature under Jay's guidance approved an act requiring officeholders to renounce all foreign authorities "in all matters ecclesiastical as well as civil," an "[[anti-Catholic]]" act designed to bar Catholics from holding public offices.{{Fact|date=April 2007}}
+
An article in the October 1863 ''Bible Society Record'' describes Jay's tenure as president: 
  
== Trivia ==
+
<blockquote>In all his duties, this useful, honoured, and excellent man observed great exactness, and this was the case especially with his domestic life. Every morning the whole family was summoned to religious worship, and precisely at nine in the evening the call was repeated, when he read them a chapter of God's Word, concluding the day with family prayer. Nothing ever interfered with these important and holy services.</blockquote>
* The Towns of [[Jay, Maine]] and [[Jay, New York]] and [[Jay, Vermont]], and [[Jay County, Indiana]] are named after him. In 1964, the [[City University of New York|City University of New York's]] College of Police Science was officially renamed the [[John Jay College of Criminal Justice]].
 
* [[James Fenimore Cooper|James Fenimore Cooper's]] novel ''The Spy'' was based on the author's conversations with Jay about his service on the committee on conspiracies during the Revolution. The main character is based on Enoch Crosby, who helped arrest Loyalists attempting to form militia regiments.
 
* Jay was named first among [[Columbia University|Columbia University's]] [http://www.columbiaspectator.com/vnews/display.v/ART/2004/05/03/4095f439f3416 250 Greatest Alumni] by the ''Columbia Spectator''. A large [http://www.columbia.edu/cu/reshalls/tour/jj/ residence hall] for undergraduates at Columbia is named for him, as well as the John Jay Award for alumni of Columbia College, and the John Jay Scholars program for exceptional students in the College. Columbia also has a John Jay professorship in [[classics]].
 
*Columbia's most selective undergraduate merit scholarship (winners are designated [[John Jay Scholars]]) is named after him.
 
* Graffiti appearing near Jay's house after the 1794 treaty with Britain: "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."
 
* The [[John Jay Center]] on the campus of [[Robert Morris University]] is named for him.
 
  
==See also==
+
==Legacy==
*[[List of United States Supreme Court cases from the Jay Court through the Taft Court#1789.E2.80.931819|United States Supreme Court cases during the Jay Court]]
+
John Jay is remembered for his [[patriotism]] and service to his country. Although he was one of the most religious and politically conservative of the principal founders of America, he became an ardent supporter of the revolutionary cause and one of the leading exponents of the abolition of slavery. His eminence in public life included being a member and president of the [[Continental Congress]], Chief Justice of [[New York State]], diplomatic envoy, peace commissioner, Foreign Secretary of the United States, Chief Justice of the [[U.S. Supreme Court]], and Governor of New York. Jay was also active in domestic and civil society as a dutiful son, faithful husband, and loving father. He was a vestryman in his local parish church, lay leader in the reformation of a [[Protestant]] denomination, president of the [[American Bible Society]], and a founder and patron of the [[New York Manumission Society]] for the emancipation of [[African]] slaves. Jay's prominence as a statesman, churchman, citizen, and social reformer, driven by his dedication to the ideals of love and mercy, truth and justice, is his enduring legacy.
*[[New York Manumission Society]]
 
  
==Notes==
+
In 1787 and 1788, Jay collaborated with [[Alexander Hamilton]] and [[James Madison]] on the ''Federalist'' papers, thus contributing significantly to the political arguments and intellectual discourse that led to [[Constitution]]'s ratification. Jay also played a key role in shepherding the Constitution through the [[New York State Ratification Convention]] in the face of vigorous opposition. In this battle, Jay relied not only on skillful political maneuvering, he also produced a pamphlet, ''An Address to the People of New York'', that powerfully restated the Federalist case for the new Constitution.
{{reflist}}
 
  
==References==
+
In April 1794, Washington selected John Jay to negotiate a treaty with [[Great Britain]] aimed at resolving outstanding issues between the two nations. The resulting ''Treaty of Amity, Commerce and Navigation'', commonly referred to as the ''Jay Treaty'', was extremely controversial. Critics charged that it failed to address British [[impressment]] of American sailors or provide compensation for those [[slaves]] that the British had taken with them during the [[Revolutionary War]]. The Treaty's unpopularity played a significant role in the development of an organized opposition to the Federalists.  
*  Bemis, Samuel F. ''Jay's Treaty: A Study in Commerce and Diplomacy'' (1923)
 
*  Brecher, Frank W.  ''Securing American Independence: John Jay and the French Alliance.'' [http://www.questia.com/PM.qst?a=o&d=107032616 Praeger, 2003. 327 pp.] 
 
* Casto, William R.  ''The Supreme Court in the Early Republic: The Chief Justiceships of John Jay and Oliver Ellsworth.'' U. of South Carolina Press, 1995. 267 pp. 
 
* Combs, Jerald. A. ''The Jay Treaty: Political Background of Founding Fathers'' (1970) (ISBN 0-520-01573-8); concludes the Federalists "followed the proper policy" because the treaty preserved peace with Britain
 
*Elkins, Stanley M. and Eric McKitrick, ''The Age of Federalism: The Early American Republic, 1788-1800.'' (1994), detailed political history
 
* Estes, Todd. "John Jay, the Concept of Deference, and the Transformation of Early American Political Culture." ''Historian'' (2002) 65(2): 293-317. ISSN 0018-2370 Fulltext in Swetswise, Ingenta and Ebsco
 
* Ferguson, Robert A. "The Forgotten Publius: John Jay and the Aesthetics of Ratification."  ''Early American Literature'' (1999) 34(3): 223-240. ISSN 0012-8163 Fulltext: in Swetswise and Ebsco
 
* Johnson, Herbert A. "John Jay and the Supreme Court."  ''New York History'' 2000 81(1): 59-90. ISSN 0146-437X
 
* Kaminski, John P. "Honor and Interest: John Jay's Diplomacy During the Confederation." ''New York History'' (2002) 83(3): 293-327. ISSN 0146-437X
 
* Kaminski, John P. "Shall We Have a King? John Jay and the Politics of Union." ''New York History'' (2000) 81(1): 31-58. ISSN 0146-437X
 
* Klein, Milton M. "John Jay and the Revolution." ''New York History'' (2000) 81(1): 19-30. ISSN 0146-437X
 
* Littlefield, Daniel C. "John Jay, the Revolutionary Generation, and Slavery" ''New York History'' 2000 81(1): 91-132. ISSN 0146-437X
 
* Monaghan, Frank. ''John Jay: Defender of Liberty'' 1972.  on abolitionism 
 
* Morris, Richard B. ''The Peacemakers: The Great Powers and American Independence'' 1965. 
 
* Morris, Richard B. ''Seven Who Shaped Our Destiny: The Founding Fathers as Revolutionaries'' 1973.  chapter on Jay
 
* Morris, Richard B. ''Witness at the Creation; Hamilton, Madison, Jay and the Constitution'' 1985. 
 
* Morris, Richard B. ed. ''John Jay: The Winning of the Peace'' 1980. 
 
* Perkins, Bradford.  ''The First Rapprochement; England and the United States: 1795-1805'' Philadelphia: University of Pennsylvania Press, 1955.
 
* {{cite book | first = Walter | last = Stahr | year = 2005 | title = John Jay: Founding Father }} ISBN 1-85285-444-8
 
===Primary sources===
 
* Landa M. Freeman, Louise V. North, and Janet M. Wedge, eds. ''Selected Letters of John Jay and Sarah Livingston Jay: Correspondence by or to the First Chief Justice of the United States and His Wife'' (2005)
 
* Morris, Richard B. ed. ''John Jay: The Making of a Revolutionary; Unpublished Papers, 1745-1780'' 1975.
 
  
== External links ==
+
*John Jay's home today is a part of the [[Jay Heritage Center]]. It is also open as a museum.
{{wikiquote}}
+
* The Towns of [[Jay, Maine]] and [[Jay, New York]] and [[Jay, Vermont]], and [[Jay County, Indiana]] are named after him. In 1964, the [[City University of New York|City University of New York's]] College of Police Science was officially renamed the [[John Jay College of Criminal Justice]].
{{wikisource author}}
+
* Jay was named first among [[Columbia University|Columbia University's]] 250 Greatest Alumni by the ''Columbia Spectator''. A large residence hall for undergraduates at Columbia is named for him, as well as the John Jay Award for alumni of Columbia College, and the John Jay Scholars program for exceptional students in the College. Columbia also has a John Jay professorship in [[classics]].
{{commons}}
 
* [http://www.columbia.edu/cu/lweb/digital/exhibitions/constitution/essay.html  Richard Morris, "John Jay and the Constitution"]
 
* {{gutenberg author| id=John+Jay+(1745-1829) | name=John Jay}}
 
* [http://www.columbia.edu/cu/lweb/digital/jay/JaySlavery.html Jake Sudderth, "John Jay and Slavery'' (2002) online from Papers of John Jay]
 
* [http://www.eucliduniversity.org/euclid/en/school-jj.asp The John Jay School of Diplomacy and International Affairs at Euclid University extension]
 
* [http://www.columbia.edu/cu/lweb/digital/archives/jay/ Columbia University's Jay Papers Project]
 
* Parts of this article were incorporated from the public domain source [http://memory.loc.gov/ammem/today/dec12.html Today in History: December 12] on the Library of Congress's American Memory website.
 
* [http://www.nyscss.org/resources/publications/NYandSlavery/Chapter D/Documents/17771819.JOH.pdf Jay documents on anti-slavery]
 
* [http://nysparks.state.ny.us/sites/info.asp?siteID=16 John Jay Homestead State Historic Site web page]
 
* [http://www.johnjayhomestead.org/index.php John Jay Homestead, Friends of]
 
*[http://www.findagrave.com/cgi-bin/fg.cgi?page=gr&GRid=543 John Jay at Find-A-Grave]
 
  
{{start box}}
+
==References==
{{succession box
+
* Flanders, Henry. ''The Lives and Times of the Chief Justices of the Supreme Court of the United States: John Jay Through John Rutledge VI''. Kessignger Publishing, 2006. ISBN 9781425497354
| title = [[President of the Continental Congress|President of the Second Continental Congress]]
+
* Jay, William. ''The Life of John Jay: With Selections from His Correspondence and Miscellaneous Papers, Volume 1''. Adamant Media Corporation, 2001. ISBN 9781402174018
| before = [[Henry Laurens]]
+
* Johnson, Herbert A. ''John Jay: Colonial Lawyer''. Beard Books, 1988. ISBN 9781587982705
| after = [[Samuel Huntington (statesman)|Samuel Huntington]]
+
* Stahr, Walter. ''John Jay: Founding Father''. Hambledon & London, 2006. ISBN 9780826418791
| years = December 10, 1778 – September 27, 1779
 
}}
 
{{succession box
 
| title=[[United States Ambassador to Spain|U.S. Minister to Spain]]
 
| before=''(none)''
 
| after=[[William Carmichael]]
 
| years=September 29, 1779 – May 20, 1782}}
 
{{succession box
 
| title = [[United States Secretary of Foreign Affairs|United States Secretary for Foreign Affairs]]
 
| before = [[Robert Livingston (1746-1813)|Robert Livingston]]
 
| after = [[Thomas Jefferson]]<br/>''(as United States Secretary of State)''
 
| years = May 7, 1784 – March 22, 1790
 
}}
 
{{succession box
 
| title = [[Chief Justice of the United States]]
 
| before = ''(none)''
 
| after = [[John Rutledge]]
 
| years = October 19, 1789 – June 29, 1795
 
}}
 
{{succession box
 
| before = [[George Clinton (politician)|George Clinton]]
 
| title = [[List of Governors of New York|Governor of New York]]
 
| years = 1795 – 1801
 
| after = [[George Clinton (politician)|George Clinton]]
 
}}
 
{{end box}}
 
{{USChiefJustices}}
 
{{start U.S. Supreme Court composition| CJ=Jay}}
 
{{U.S. Supreme Court composition 1789-1792}}
 
{{U.S. Supreme Court composition 1792-1793}}
 
{{U.S. Supreme Court composition 1793-1795}}
 
{{end U.S. Supreme Court composition}}
 
{{NYGovernors}}
 
{{Federalist Papers}}
 
  
 +
==External links==
 +
All links retrieved August 3, 2022.
 +
* [https://dlc.library.columbia.edu/jay The Papers of John Jay] ''Columbia University Libraries''.
  
{{DEFAULTSORT:Jay, John}}
+
{{Credit|147401103}}
[[Category:history and biography]]
+
[[Category:History]]
{{Credit|146656740}}
 

Revision as of 06:04, 3 August 2022

John Jay
John Jay


1st Chief Justice of the United States
In office
October 19, 1789 – June 29, 1795
Nominated by George Washington
Preceded by None
Succeeded by John Rutledge

2nd Governor of New York
In office
July 1, 1795 – June 30, 1801
Lieutenant(s) Stephen Van Rensselaer
Preceded by George Clinton
Succeeded by George Clinton

Born December 12, 1745
New York, New York
Died May 17 1829 (aged 83)
Westchester County, New York
Spouse Sarah Livingston
Religion Episcopalian

John Jay (December 12, 1745 – May 17, 1829) was an American politician, statesman, revolutionary, diplomat, and jurist, best known as the first Chief Justice of the U.S. Supreme Court.

Considered one of the "Founding Fathers" of the United States, Jay served in the Continental Congress and was elected president of that body in 1778. During and after the American Revolution, he was the ambassador to Spain and France, helping to fashion American foreign policy and to secure favorable peace terms from the British and French. He co-wrote the Federalist Papers with Alexander Hamilton and James Madison.

Jay served on the U.S. Supreme Court as the first Chief Justice of the United States from 1789 to 1795. In 1794, he negotiated the Jay Treaty with the British.

A leader of the new Federalist Party, Jay was elected Governor of New York from 1795-1801. He was a leading opponent of slavery and the slave trade in New York. A deeply religious man, in later life he served as president of the American Bible Society.

Early life

John Jay was born on December 12, 1745 to a wealthy family of merchants in New York City. His family, descended from French Huguenot stock, was prominent in New York City. Jay had numerous rich and prominent ancestors and relatives, including his maternal grandfather, Jacobus Van Cortlandt.

Jay attended King's College in New York, the forerunner of today's Columbia University, and began the practice of law in 1768 in partnership with his relative by marriage, Robert Livingston. A successful lawyer, Jay also engaged in land speculation. His first public role came as secretary to the New York committee of correspondence, where he represented the conservative faction that was interested in resisting British violations of American rights while protecting property rights and preserving the rule of law. Jay believed the British tax measures were wrong and that 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.

Roles in the American Revolution

Having established a reputation as a “reasonable moderate” in New York, Jay was elected to serve as a delegate to the First and Second Continental Congresses which debated whether the colonies should declare independence. He attempted to reconcile America with Britain, up until the Declaration of Independence. Events such as the burning of Norfolk, Virginia by British troops in January 1776 pushed Jay to support independence. Jay's views became more radical as events unfolded; he became an ardent Patriot.

Jay did not personally attend sessions of the Continental Congress as it debated the independence question. However, in New York, he was instrumental in supporting the cause of independence:

  • He served in the New York Provincial Congress in 1776 and 1777 and had a formative influence in drafting its first state constitution.
  • He served on the committee of correspondence which was attempting to coordinate the activities of the various colonial states with the actual fighting in Massachusetts.
  • He served on the committee to detect and defeat Loyalist conspiracies.
  • He served as the first chief justice of the New York Supreme Court from April 1777 to December 1778.
  • He was chosen as President of the Continental Congress from December 10, 1778 to September 27, 1779.

Diplomat

John Jay (left) at the Treaty of Paris with John Adams, Benjamin Franklin, Henry Laurens, and William Temple Franklin. The British commissioners refused to pose, so the painting was never finished.

The fall of 1779, found Jay selected for a mission to Spain, where he spent a frustrating three years seeking diplomatic recognition, financial support, and a treaty of alliance and commerce. He was to spend the next four years abroad in his nation's service both as commissioner to Spain and then in Paris, where he was a member of the American delegation that negotiated the peace terms ending America's War of Independence with Britain. This process culminated with the signing of the Treaty of Paris in September 1783.

Jay returned to the United States in July, 1784 to discover that he had, in his absence, been elected Secretary for Foreign Affairs. In that role, he was confronted by difficult issues stemming from violations of the Treaty of Paris by both countries—issues that he would later revisit in negotiations with Britain in 1794 and which would be addressed again in the resulting Jay Treaty. Beyond his dealings with Great Britain, Jay succeeded in having the French accept a revised version of the Consular Convention that Benjamin Franklin had earlier negotiated; he attempted to negotiate a treaty with Spain in which commercial benefits would have been exchanged for a renunciation of American access to the Mississippi River for a number of years; and he endeavored, with limited resources, to secure the freedom of Americans captured and held for ransom in Algiers by so-called Barbary Pirates. The frustrations he suffered as Secretary for Foreign Affairs, a post he held until 1789, clearly impressed upon him the need to construct a government more powerful than that under the Articles of Confederation. Though not selected to attend the Philadelphia Convention, he was a leading proponent of the principles that the new Constitution embodied and played a critical role in its ratification.

Slavery

Jay was a leader against slavery after 1777, when he drafted a state law to abolish slavery. It failed to pass, as did a second attempt in 1785. Jay was the founder and president of the New York Manumission Society, in 1785. The Society organized boycotts against newspapers and merchants in the slave trade and provided legal counsel for free blacks who were claimed as slaves.

George Clinton, who defeated Jay in the New York governor's race in 1792 and later served as U.S. Vice President

In the close 1792 gubernatorial election, Jay's antislavery work hurt his election chances in upstate New York Dutch areas, where slavery was still practiced. As a result, he was defeated by the Democratic-Republican candidate, George Clinton. In 1794, Jay angered southern slave-owners when, in the process of negotiating the Jay Treaty with the British, he dropped their demands for compensation for slaves owned by Patriots who had been captured and carried away during the Revolution.

The New York Manumission Society helped enact the gradual emancipation of slaves in New York in 1799, which Jay signed into law as governor. Jay himself made a practice of buying slaves, and then freeing them when they were adults. He judged that their labors had been a reasonable return on their price; he owned eight slaves in 1798, the year before the emancipation act was passed.

The 1799 "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 the export of slaves would be prohibited. However, these children would be required to serve the mother’s owner until age 28 for males and age 25 for females. The law thus defined the children of slaves as a type of indentured servant while slating them for eventual freedom. Aaron Burr introduced an amendment calling for immediate abolition, but eventually supported it as written.

The last New York 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.

Secretary of Foreign Affairs

In 1784-1790, Jay served as the second U.S. Secretary of Foreign Affairs, an office which after 1789 became Secretary of State. Among his goals for American foreign policy were:

  • to seek the recognition of the young independent nation by the established foreign European powers
  • to secure loans from European banks to establish a stable American currency and credit
  • to pay off the country's heavy War debt and other commitments
  • to secure the infant nation's territorial boundaries under the most-advantageous terms possible and against possible incursions by the Spanish, French, English, and Indians
  • to solve regional difficulties among the colonies themselves
  • to secure Newfoundland fishing rights
  • to establish a robust maritime trade for American goods with new economic trading partners
  • to protect American trading vessels against piracy
  • to preserve America's reputation at home and abroad

Under the pre-Constitutional system, Jay's office was that of a sort of "prime minister" of United States, with the primary goal of strengthening the fledgling national government. Jay believed that both at home and abroad Americans must adhere to moral principles, among them honesty, patriotism, duty, and hard work along with obedience to God's will. At the same time, he advocated economic and military strength for the United States and worked to avoid crippling foreign entanglements. Through his domestic policies, Jay hoped to remake Congress into a House of Commons. The weakness of Congress under the Articles, however, frustrated Jay.

During the transition from a confederation to a constitutional government, Jay continued to serve as Secretary of Foreign Affairs well into the first administration of George Washington, in fact, remaining in office until Thomas Jefferson returned from France on March 22, 1790.

Federalism

Jay's heavy responsibility was not, however, matched by a commensurate level of authority, which helped to convince him that the national government under the Articles of Confederation was unworkable. Thus, he joined Alexander Hamilton and James Madison in criticizing the Articles. He argued in his "Address to the People of the State of New-York on the Subject of the Federal Constitution" 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 enforce them at home or abroad… In short, they may consult, and deliberate, and recommend, and make requisitions, and they who please may regard them.
Alexander Hamilton
File:Jm4.gif
James Madison

Jay joined Hamilton and Madison in aggressively arguing in favor of the creation of a new and more powerful, centralized, but nonetheless balanced system of government. Writing under the shared pseudonym of "Publius," they articulated this vision in the Federalist Papers, a series of 85 articles, written in 1788 to persuade the citizenry to ratify the proposed Constitution of the United States. Jay wrote five of these articles: numbers 2, 3, 4, and 5 "Concerning Dangers from Foreign Force and Influence;" and number 64 on "The Powers of the Senate."

Jay's essays were shaped most powerfully by his training as a lawyer and his deep grasp of the importance of the figure of the lawgiver in the tradition of republican political thought. Jay combined such elements with a Christian aesthetic vision glorifying the idea of a national union, a rhetorical synthesis central to The Federalist's popular appeal in political debate.

The Jay Court, 1790-1795

In 1789, George Washington nominated Jay as the first Chief Justice of the United States. Serving from 1790-1795, Jay was instrumental in establishing the internal procedures of the Court and setting legal precedents. His most notable case was Chisholm v. Georgia (1793), in which Jay and the Court affirmed that some of the state's sovereignty was subordinate to the United States Constitution. Unfavorable reaction to the decision led to the adoption of the Eleventh Amendment which denied federal courts authority in suits against a state by citizens of a different state or by subjects or citizens of a foreign state.

However, Jay's decision set the groundwork for judicial activism under Chief Justice John Marshall in the early 1800s, whose work established that the courts are entitled to exercise judicial review, the power to strike down both state and federal laws that violate the Constitution.

The Jay Treaty

Relations with Britain verged on war in 1794. James Madison proposed a trade war, "A direct system of commercial hostility with Great Britain," assuming that Britain was so weakened by its war with France that it would agree to American terms and not declare war. Washington rejected that policy and—in collaboration with Treasury Secretary Alexander Hamilton—sent Jay as a special envoy to Great Britain to negotiate a new treaty. However, Jay remained Chief Justice. The main goals were to avert war with Britain, settle financial and boundary issues left over from the Revolution, open trading opportunities with British colonies in the Caribbean, and establish friendly relations with Britain as America's chief trading partner. Jay achieved those goals in the document known to history as the Jay Treaty. The British also achieved their main goal, which was to keep the United States neutral in the ongoing war between Britain and France.

Jay thought, and Washington agreed, that it was the best treaty he could negotiate, and Washington signed it. The Senate, however, would ratify it only if the British agreed to remove a provision restricting American shipment of cotton. When Washington consulted the British minister, it turned out that the British had no objection to removing the clause.

The Republicans denounced the treaty, but Jay, as Chief Justice, decided not to take part in the debates. Jay's failure to obtain 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 became a convenient symbol for those opposed to the treaty, and he half-jokingly complained he could travel from Boston to Philadelphia at night, solely by the light of his burning effigies.

Washington put his prestige on the line 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 requirement. The treaty averted war, resolved the remaining issues of the Revolution, gave America control over its western lands, expanded trade, and brought a decade of peace and prosperous trade between American and the world's strongest naval power, Britain.

Governor of New York

While in Britain, Jay was elected governor of New York State as a Federalist. He resigned from the Supreme Court and served as governor until 1801. As Governor, he received a proposal from Hamilton to gerrymander New York for the Presidential election of that year. He noted on the letter: "Proposing a measure for party purposes which it would not become me to adopt," and filed it without replying. President John Adams later renominated him to the United States 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."

The Federalists nominated Jay as governor again in 1801, but he declined and retired to the life of a gentleman farmer in Westchester County, New York. His home and part of his farm are now operated as the John Jay Homestead by the New York Department of Parks, Recreation, and Historic Preservation, and is located on New York state route 22 in Katonah, near Bedford.

Jay lived on for more than two and a half decades, dying at home on May 15, 1829. He was buried in a family plot on his son Peter's farm in Rye, New York.

Religion

Trinity Church in New York, where John Jay was an officer

An Anglican, Jay had been a warden (lay officer) of Trinity Church, New York since 1785. As Secretary for Foreign Affairs, he supported a proposal after the Revolution that the Archbishop of Canterbury approve the ordination of bishops for the Protestant Episcopal Church in America. Afterward, he continued to work as an active leader in the reconstitution of the Episcopal Church in the United States.

In New York, Jay argued unsuccessfully in the provincial convention for a prohibition against Catholics holding office. However, in February 1788, the New York legislature under Jay's guidance approved an act requiring officeholders to renounce all foreign authorities "in all matters ecclesiastical as well as civil," a law designed to discourage Catholics from holding public office, while not banning them outright.

Throughout his public career and in retirement Jay was active in various works of Christian philanthropy. Motivated by his faith, he became a leading advocate of manumission and the abolition of the slave trade.

Jay felt strongly about the role of Christianity in the life of the new nation. He declared:

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. October 12, 1816

John Jay served as vice president of the American Bible Society in 1816 until his election as president of the organization in 1821. He then served as president until 1827. In accepting the position of president, he wrote, “They who regard these [bible] Societies as deriving their origin and success from the author and Giver of the Gospel cannot forbear concluding it to be the duty of Christians to promote the purposes for which they have been established; and that is particularly incumbent on their officers to be diligent in the business committed to them.”

An article in the October 1863 Bible Society Record describes Jay's tenure as president:

In all his duties, this useful, honoured, and excellent man observed great exactness, and this was the case especially with his domestic life. Every morning the whole family was summoned to religious worship, and precisely at nine in the evening the call was repeated, when he read them a chapter of God's Word, concluding the day with family prayer. Nothing ever interfered with these important and holy services.

Legacy

John Jay is remembered for his patriotism and service to his country. Although he was one of the most religious and politically conservative of the principal founders of America, he became an ardent supporter of the revolutionary cause and one of the leading exponents of the abolition of slavery. His eminence in public life included being a member and president of the Continental Congress, Chief Justice of New York State, diplomatic envoy, peace commissioner, Foreign Secretary of the United States, Chief Justice of the U.S. Supreme Court, and Governor of New York. Jay was also active in domestic and civil society as a dutiful son, faithful husband, and loving father. He was a vestryman in his local parish church, lay leader in the reformation of a Protestant denomination, president of the American Bible Society, and a founder and patron of the New York Manumission Society for the emancipation of African slaves. Jay's prominence as a statesman, churchman, citizen, and social reformer, driven by his dedication to the ideals of love and mercy, truth and justice, is his enduring legacy.

In 1787 and 1788, Jay collaborated with Alexander Hamilton and James Madison on the Federalist papers, thus contributing significantly to the political arguments and intellectual discourse that led to Constitution's ratification. Jay also played a key role in shepherding the Constitution through the New York State Ratification Convention in the face of vigorous opposition. In this battle, Jay relied not only on skillful political maneuvering, he also produced a pamphlet, An Address to the People of New York, that powerfully restated the Federalist case for the new Constitution.

In April 1794, Washington selected John Jay to negotiate a treaty with Great Britain aimed at resolving outstanding issues between the two nations. The resulting Treaty of Amity, Commerce and Navigation, commonly referred to as the Jay Treaty, was extremely controversial. Critics charged that it failed to address British impressment of American sailors or provide compensation for those slaves that the British had taken with them during the Revolutionary War. The Treaty's unpopularity played a significant role in the development of an organized opposition to the Federalists.

  • John Jay's home today is a part of the Jay Heritage Center. It is also open as a museum.
  • The Towns of Jay, Maine and Jay, New York and Jay, Vermont, and Jay County, Indiana are named after him. In 1964, the City University of New York's College of Police Science was officially renamed the John Jay College of Criminal Justice.
  • Jay was named first among Columbia University's 250 Greatest Alumni by the Columbia Spectator. A large residence hall for undergraduates at Columbia is named for him, as well as the John Jay Award for alumni of Columbia College, and the John Jay Scholars program for exceptional students in the College. Columbia also has a John Jay professorship in classics.

References
ISBN links support NWE through referral fees

  • Flanders, Henry. The Lives and Times of the Chief Justices of the Supreme Court of the United States: John Jay Through John Rutledge VI. Kessignger Publishing, 2006. ISBN 9781425497354
  • Jay, William. The Life of John Jay: With Selections from His Correspondence and Miscellaneous Papers, Volume 1. Adamant Media Corporation, 2001. ISBN 9781402174018
  • Johnson, Herbert A. John Jay: Colonial Lawyer. Beard Books, 1988. ISBN 9781587982705
  • Stahr, Walter. John Jay: Founding Father. Hambledon & London, 2006. ISBN 9780826418791

External links

All links retrieved August 3, 2022.

Credits

New World Encyclopedia writers and editors rewrote and completed the Wikipedia article in accordance with New World Encyclopedia standards. This article abides by terms of the Creative Commons CC-by-sa 3.0 License (CC-by-sa), which may be used and disseminated with proper attribution. Credit is due under the terms of this license that can reference both the New World Encyclopedia contributors and the selfless volunteer contributors of the Wikimedia Foundation. To cite this article click here for a list of acceptable citing formats.The history of earlier contributions by wikipedians is accessible to researchers here:

The history of this article since it was imported to New World Encyclopedia:

Note: Some restrictions may apply to use of individual images which are separately licensed.