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by Monty Rainey "A
proper history of the United States would have much to recommend it: in some
respects it would be . . . unlike all others; it would develop the great
plan of Providence, for causing this extensive part of our world to be
discovered, and these "uttermost parts of the earth" to be
gradually filled with civilized and Christian people and nations. . . . The
historian, in the course of the work, is never to lose sight of that great
plan.
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Of all the Founding Fathers, no other filled as many high offices as John Jay. He served as President of the Continental Congress, Minister to Spain during the Revolution, Chief Justice of New York, Governor of New York, member of the New York provincial Congress, special envoy to Great Britain, Secretary of Foreign Affairs under the Articles of Confederation and was appointed first Chief Justice of the United States Supreme Court by President George Washington. Background John Jay was born in New York City on December 12, 1745 and attended an exclusive boarding school in New Rochelle, New York at the age of eight. Jay, at fourteen years of age, was further educated at King’s College (now Columbia University) where he graduated in 1764. He was admitted to the bar in 1768 and was a law partner, for a time, with Robert R. Livingston. On April 28, 1774 Jay married Sarah Vail Brugh Livingston, eldest daughter of New Jersey Governor William Livingston. The aggressive response of Great Britain towards the Boston Tea Party convinced Jay to support the side of the patriot’s in their battle against taxation without representation. This gained young Jay a great deal of notoriety in patriot circles in New York. Consequently, the people of New York elected Jay to serve in the First Continental Congress. It was during this time that Jay penned the "Address to the People of Great Britain" where he discussed the rights of property, trial jury, due process of law and freedom of religion. All of which later became a part of the Bill of Rights. Continental Congressman and Diplomat Jay did not favor independence from Britain but did oppose British restrictions on commercial activities of the colonies. He was elected as a delegate to the Continental Congress in 1774 and 1775. It was noted by Thomas Jefferson that Jay did not sign the Declaration of Independence but once the revolution was under way he became a strong supporter of the new nation. As a delegate to the First and Second Continental Congresses he urged a moderate policy, served on various committees and drafted correspondence. He wrote the, Address to the people of Great Britain, which Thomas Jefferson declared to be, "a production certainly of the finest pen in America." As a member of the second congress he wrote the Address to the people of Canada and Ireland. Returning to the provincial congress of New York in 1777, he guided the drafting of the first New York state constitution. Jay was then appointed Chief Justice of New York but left that post in December of 1778 to become president of the Continental Congress. He was sent as minister to Spain in 1779, where he sought financial aid, commercial treaties and recognition of colonial independence, of which he did not receive. Jay was appointed as one of the commissioners to negotiate peace with Great Britain in 1781 and joined Benjamin Franklin, at his request, in Paris in 1782. In October of that year, they were joined in Paris by John Adams, who wrote of the two, "Between two as subtle Spirits, as any in this world, the one malicious, the other, I think honest. I shall have a delicate, a nice, a critical part to act." His first delicate act was to choose sides. Franklin, who lived in France for quite some time, was flattered by the statesmen and Parisian ladies, was inclined to obey instructions. Jay, on the other hand, was a French Huguenot descendent and placed no faith in the Bourbons. Jay strongly opposed allowing Vergennes to guide and control American negotiations. Adams finally sided with Jay and together, they persuaded Franklin. Their decision to ignore Vergennes was a courageous one. The French Minister was a powerful figure and to counter orders written essentially by him required stunning diplomatic success on their parts. Jay declined any further diplomatic appointments in Europe and returned to America. Upon his return he found that he had been appointed Secretary of Foreign Affairs, a post he held from 1784 until 1789, which was the duration of the government under the Articles of Confederation. Even though he was able to secure minor treaties, Jay found it impossible to make progress in the settlement of major disputes with Great Britain and Spain under the Articles of Confederation. The situation caused him to become a strong advocate of a more powerful and central government. While serving as Chief Justice, Jay discussed at length, the nature of sovereignty and maintained that under the Constitution sovereignty was vested in the people of the United States for the "purpose of Union" and in the people of the several states "for more domestic concerns." In ordaining and establishing the Constitution the people acted "as sovereigns of the whole country." Jay wrote, "They established a Constitution by which it was their will, that the state governments should be bound, and to which the state constitutions should be made to conform." The Federalist Jay joined Alexander Hamilton and James Madison in contributing to The Federalist. He wrote five pages dealing mostly with the Constitution in relation to foreign affairs. Federalist Papers 2, 3, 4, and 5 are Concerning Dangers from Foreign Force and Influence, while Federalist 64 pertains to The Powers of the Senate. The trio were all strong nationalists and were somewhat inconsistent with their purpose of reassuring Anti-federalists. They made their treatise a defense of the doctrine of national ascendancy. They insisted on the necessity of an appeals court at both the state and federal levels, as essential to uniform interpretation of the Constitution and to national unity in the courts. Jay’s Treaty Under the new organization of the Federal government, President Washington appointed Jay to the office of Chief Justice of the Supreme Court. He became the first Chief Justice of the United States and served from 1789 until 1795. As Chief Justice he agreed with Justice James Wilson's opinion in Chisholm v. Georgia, which led to the passing of the Eleventh Amendment. When relations became strained over unsettled disagreements with Great Britain and the possibility of war arose, Jay was selected for a mission as special envoy to England in 1794. On November 19, 1794 he concluded, along with Lord Grenville, the convention known in American history as Jay’s Treaty. Jay proved an unworthy opponent against Lord Grenville and what is seen as a British victory soiled Jay’s reputation among historians. A number of treaty provisions favored the United States, but some Americans believed the British had gained the economic upper hand. The United States shared equal access with Great Britain to the East Indies, but harsh restrictions were imposed on U.S. trade with the British West Indies. In contrast, the treaty allowed Great Britain ‘favored nation’ status in trade in American ports. In addition, Jay failed to secure reparations for slaves taken by the British, or for immunity protection for American sailors. Southern slave owners knew Jay to be an abolitionist and accused Jay of weakening the American position by not securing compensation. The treaty also received harsh criticism in the U. S. among Jeffersonian Republicans, but the treaty did accomplish its primary goal, which was to avoid another war with Great Britain. But before Jay’s Treaty could accomplish its goal, a great controversy ensued. Certain provisions of the treaty required appropriations of money before they could be put into effect. This necessitated action by the House of Representatives, where the opponents of the treaty were especially strong. By a large majority, the House requested the president to furnish them with a copy of the instructions to Jay and of other documents relative to the treaty. President Washington, with the approval of his cabinet, refused to comply, on the grounds that the papers demanded by the House had no relation to the function of the House. He also reminded the representatives that the Constitutional Convention had very deliberately assigned power of making treaties to the President and the Senate, and he insisted, "the boundaries fixed by the Constitution between the different departments should be preserved." Life After the Court In 1792, Jay had lost the race for Governor of New York to George Clinton. However, in 1795, upon his return from England, John Jay learned he had been elected Governor of New York while he was overseas. He did not request or agree to the job, but nevertheless, he resigned from the Supreme Court and undertook the governorship. He served two terms from 1795 until 1801. Jay was a popular Governor who won many reforms including the abolition of slavery. On the close of his second term, Jay declined reelection and a nomination by then President Adams to Chief Justice of the Supreme Court. He then retired to his estate at Bedford, Westchester county New York for the remaining 28 years of his life. After a long and distinguished career and surviving his wife, Jay died on May 17, 1829. John Jay touched several milestones in our nations history, yet never really grabbed attention in any one area. He wrote essays in the Federalist Papers, yet James Madison and Alexander Hamilton receive the bulk of the recognition for the now classic commentaries. Jay worked diligently on the Treaty of Paris, but the majority of that credit goes to Benjamin Franklin and John Adams. While serving as Governor of New York, Jay spearheaded the fight to abolish slavery, yet on the national scale, his efforts are largely unnoticed. He avoided a second war with Great Britain by negotiating a trade treaty, yet history emphasizes his failures. Historians may often minimize John Jay’s accomplishments, but they were invaluable to a struggling, infant nation. "It is much to be wished that slavery be abolished. The honour of the States, as well as justice and humanity, in my opinion, loudly call upon them to emancipate these unhappy people. To contend for our liberty, and to deny that blessing to others, involves an inconsistency not to be excused." John Jay March 15, 1786. Federalist
Papers Authored by John Jay
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