The lives and times of the chief justices of the Supreme Court of the United States

Front matter

Cornell University Library KF8744.F58 1875

».1

The lives and times of the chief ustice

Preface

In the preparation of the following volume the author has endeavored to consult every accessible source of information that could serve to illustrate the character of the men whose lives he has undertaken to write ; or throw light upon the times in which they acted. He need not say to the student of American history, that the American Archives, by Mr. Peter Force, are an invaluable repository of authentic documents; that they let in a flood of light upon the obscure passages of our history, and upon the characters of our public men. He is happy to acknowledge that he is greatly indebted to that work for any value that may be ascribed to his own.

He is also, in common with his countrymen, under great obligations to the unwearied industry and acknowledged abilities of Mr. Jared Sparks. His researches have been of incalculable service to historical science. The notes appended to the writings of "Washington and Franklin elucidate whatever is of public or private interest, during the period over which those writings extend, and to which they relate. To say nothing of

VI PKEFACE.

the other numerous and valuable works which bear his name, those notes and illustrations alone would insure to Mr. Sparks a durable fame.

The author's particular thanks are due to Mr. William Jay for the polite manner with which he submitted to his use his own labors, together with the important testimony of Lord St. Helen's, respecting the negotiations at Paris, in 1782 and 1783.

He must also express his obligations to those of the descendants of Rutledge, who have been so good as ,to put him in possession of facts, elsewhere unattainable, respecting, theii distinguished ancestor. He has thus been enabled to elucidate passages of his life that have hitherto rested in fable.

To those of his friends, who have either supplied him with new facts, or pointed out new sources of information, he begs, in this public manner, to return his sincere thanks. He would do injustice to his own feelings, did he fail to mention, in this connection, Mr. Lloyd P. Smith, of the Library Company of Philadelphia. He has, with unfailing politeness, assisted the author's researches, and given him the full benefit of his extensive bibliographical knowledge.

It has been the author's careful endeavor to state facts with precision, and suppress or extenuate nothing that the public were entitled to know. He trusts that the day has passed when exaggeration can supply the place of truth, and empty eulogy take the place of authentic information. It is believed that the reader will find in the following pages the political history of his country fairly related, and the character of its public men delineated without improper bias.

Contents

THE LIFE OF JOHN JAY.

CHAPTEK I.

Pig«

Chapter II. 1754—1764

Birth and Education of John Jay^A Son of Peter and Mary — Passes his Boyhood in the Country — Enters a Grammar-School — Characteristics as a Child — His Childhood and Mirabeau's contrasted — Is taught French — Placed in the Family of the Kev. Mr. Stoope— - Character of this Gentleman — Instructed by a Private Tutor — Effect of that mode of Education — Enters Columbia College — State of Education in New York — Future Success not predicable of College Honors — Details of his College Life — Studies the Art of Composition — Reads Grotius — Is Rusticated — Returns and Grar duates 20-30

Chapter III. 1764—1774

His Legal Studies and Early Practice at the Bar — Obstacles to his Study of the Law in New York— Distinguished Members of the Bar at this

period Enters the office of Benjamin Kissam — Character of that

Gentleman — Correspondence between Jay and Kissam — The Study of the Law ninety years ago — Opinion of James Otis respecting Blackstone's Commentaries— Lord Eldon's Opinion of the old mode

(vii)

VUi CONTENTS.

ofLegalStudy— Daniel Webster's— Method pursuedbyJayin studying the Law — Observation of George III. respecting Lawyers — Effect of the Revolution upon the Bar— Lindley Murray a Fellow-student of Jay- Murray's Opinion of him — The Society of New York before the Revolution — Lieutenant-Governor Golden — Jay admitted to the Bar— Character of Professional Business at that time— Successful in obtaining practice — Never felt the want of money — Had no great opportunity to distinguish himself in his profession— Had not the gift of Oratory— Anecdote of Mr. Kissam —Jeremiah Gridley— The Moot— His health suffers from application to business — Marries a, daughter of William Livingston — Character of Livingston 31-47

CHAPTEK IV.

His Political Career— Political state of the Colonies in 1774 — Boston Por^Bill— Effect of, upon the Colonies— Vievrs of Jay— His Charaoter — Proceedings in. New York — Isaac Sears — Alexander M'Dougall — Committee of Fifty-one appointed — Sons of Liberty — Ministerial Party elated at the appointment of the Committee — Colden's Letter to the Earl of Dartmouth — Eivington's Letter to Henry Knox — Letter of Qouverneur Morris to Mr. Penn — ' The Mob begins to think and to reason' — Jay a Member of the Committee of Fifty-one — Favors Moderate Courses — The Committee propose a Congress — Letter to the Boston Committee written by Jay — Sentiments of the New York Merchants — Sentiments of the Mass of the Citizens — Non-importation and Non-exportation favored by the Sons of Liberty ; not favored by the Committee — Religious Differences in New York — Candidates nominated for Congress — Jay one of the nominees — Colden's account of the great meeting in the fields — M'Dougall presides — Alexander Hamilton addresses the people— His History; his Speech; his Character — The Committee of Fifty-one disavow the meeting in the fields — Rupture in the Committee — Publish Resolutions — Jay not constant in his attendance upon the Committee — Position well understood — Resolutions of the Committee not well received — John Morin Scott — John Adams' Visit to Scott — Scott denounces the Resolutions of the Committee — Proceedings of the people — Jay elected to the Congress — His Views respecting Non-impQrtation — Changes of Opinion do not always involve Inconsistency^Colden pleased that violent Delegates were not elected to Congress — Massachusetts Delegates arrive in New York — John Adams — His Character — Adams and M'Dougall breakfast with John Morin Scott — M'Dougall's Description of Parties in New York — Adams' Description of the New York Delegates to the Congress^ Not favorably impressed with New York Society 48-80

CONTENTS. LX

CHAPTEK V.

The Congress of 1774— Assembles at the Carpenter's Hall in Philadelphia— Delegates from New York and Pennsylvania prefer the State- House — Peyton Randolph chosen President, and Charles Thomson, Secretary — Thomson the Samuel Adams of Philadelphia — Jay, next to Edward Rutledge, youngest member of the Congress — Takes a leading part — His Views — Opposed to Independence — John Adams in advance of Public Opinion — Adams' Description of John Dickinson — Jay firm in his Opinionjs — Sectarian Feelings at the era of the Revolution — Cause of — Grahame the Historian — Jay opposes the opening of Congress with Prayer — His Reasons — Samuel Adams could bear a prayer from a gentleman of piety and virtue — Proposes Mr. DuchI — Mr. Duch6 reads Prayers — ' Struck out into an extempore Prayer' — John Adams' account of — Washington only member who kneels — Character of Duch^ — Diversity in the Congress of 1774 — Cause of — Jay participates in the Debates — Views respecting the method of Voting — Patrick Henry's Speech

— His sentiments respecting Declaration of Independence — Jay replies to Henry — Only an abstract of the discussions preserved — One of the Committee appointed to state the Rights of the Colonies

— Jay's sentiments respecting Emigration and Allegiance — The Doctrine of Allegiance — Report of the Committee — R. H. Lee makes a motion for Non-importation — Exaggerated notions respecting importance of — Effect of suspending Trade upon an Agricultural people — Jay's Opinions — Galloway's Plan of Adjustment — Sketch of Galloway — Particulars of his Plan — His Speech ; Duane's ; Lee's; Jay's — Patrick Henry denounces Galloway's Plan — His Opinion of Jay and the Rutledges — Committee to prepare an Address to the people of Great Britain — Written by Jay — Extracts from — Difficulties between Jay and R. H. Lee respecting — Causes of — Wirt's account of the Address to people of Great Britain — His account of the Petition to the King — Lee. more eminent for Oratory than Authorship — Whether Oratory and Authorship are incompatible — Burke cited as an Example — Jefferson's Anecdote of Lee and Jay — Congress adjourns — Eulogy upon by Lord Chatham 81-122

CHAPTER VI.

1774—1776.

Proceedings in New York — Hopes of the Ministry respecting the New York Delegates — Said to have been bribed — Falsity of the charge proved by the Event — Opinion in New York of Address to ,people of Great Britain — Jay one of a new Committee appointed in New York — Conduct of New York Merchants — Recommendations of Congress obeyed — Provincial Congress called — Opposition to —

X CONTENTS.

' Compulsive Reasoning' —Jay appointed a Delegate — Opinions in New York as to sending Deputies to Continental Congress — Provincial Congress assembles — Jay again elected a Delegate.to Continental Congress— News of the Battle of Lexington reaches New- York — Action of the Committee — A great Excitement, ic. consequence— A new Committee elected and a new Provincial Congress called — Jay a Member — Other Members of —Proceedings of the Committee— Jay takes his seat in the Continental Congress— Sentiments of that Body — Proceedings of— Washington appointed Commander-in-Chief — Jay writes an Address to people of Canada — Extracts from — Petition to the King— Sketch of John Dickinson — Anecdote of — Petition to the King written by — Jay defends the Petition — Propriety of — Letter from Convention, of Massachusetts

— Jay writes Address to the people of Ireland — Congress takes a Recess- Temper of that Body— Services of Jay — ^The Restraining Act — Debate respecting Trade— Zubly of Georgia — Motion to shut the Custom-houses — Jay's Speech respecting-r-Opinion respecting the appointment of Field-officers — New Jersey Assembly — Proceedings of, respecting Petition to King — Franklin, the Royal Governor of New Jersey — Jay's Address to the New Jersey Assembly

— Views of France and Spain — The Parisians great Patriots — Emissaries sent over to encourage Resistance — Secret Committee appointed — Jay a Member of — Jay's Interview with John Adams — Motives to the appointment of the Secret Committee — Anecdote of the French Officer — Correspondence of the Secret Committee — Beaumarchais — His Quarrel with Madame Du Barri — His Connection with our Negotiations with France — His Literary. Labors — Silas Deane sent to France — Jay's Correspondence with — State of affairs in New York — Rivington's Press destroyed — Jay denounces the act — Accept's a Colonel's Commission — Queen's County — Jay absent from Congress — His Return — Failing Health of his Parents — Hi^ Letter to B. R. Livingston — His Religious Character — Congress authorize Privateering — Propriety of that mode of Warfare

— Progress of Opinion in Congress — Commerce set at liberty — Proceedings on the Importation and Consumption of Tea — Jay recalled to assist in the deliberations of the Provincial Congress . 123-166

CHAPTER VII.

Services in the New York Congress — Discussion respecting a new form of Government — Opinion of Gouverneur Morris; of John Morin Scott — Recommendation of Continental Congress to the several States — Views of Mr. Duane as to instituting Government — Reason of Jay's Recall from Continental Congress — Member of a Committee to consider the Question of Government — Report of the Committee

— Views of Jay as to Establishing Government — Letter of the Virginia Convention inclosing Resolves in favor of Independence

CONTENTS. XI

— Beply to — Question of Independence agitated in New York-— Excitement in New York — The Enemy expected at — Jay constantly employed— Treatment of the Tories— A Plot Discovered- Situation of the State critical — Dictatorial authority placed in the hands of the President and five Memhers of Provincial Congress —Arrival of Sir William Howe — Washington invested with authority over State Troops — Provincial Congress adjourns to White Plains — Jay and nineteen others chosen to represent City of New York — Declaration of Independence — New York Delegates write for Instructions — New York Convention approve the Declaration of Independence — Resolution of Approval written by Jay — Appointment of Field-officers by Congress disapproved by Jay — Ships of War sail up Hudson's Biver — Action of Provincial Congress respecting — Movements of the Ships — Jay one of a Committee to obstruct Navigation of the River, &c. — Goes to Connecticut for Cannon and Shot — Attempts to burn the Enemy's Ships — Consideration of a new form of Grovernmeht postponed — Penalties of Treason denounced against Internal Enemies — Value of a Treason Law — Defeat at Long Island — Pressing Engagements of the Convention— Adjourn from place to place — Carry Arms — Machinations of the Tories — Jay's Fortitude — Supports severe measures against Tories — Committee appointed to detect Conspiracies, &c. — Minutes of the Committee — Misfortunes of the American Arms — Washington abandons New York — Howe offers Pardon to Repenting Rebels — Great numbers accept the Conditions — Conduct of the Jerseys infamous — Jay writes an Address to arouse the people from their Despondency — Extracts from — Jay not Vindictive — Feelings towards England — Does not forget his Friends, though their ' noses or sentiments' may differ — Letter to Peter Van Schaack — Character of Van Schaack — Anecdote of the Committee-man — Has leave of absence to remove his Parents — Would desolate lower part of the State — His Plan of Defence — Condition of the State will not admit of his returning to Philadelphia — Correspondence with Robert Morris and Edward Rutledge — Constitution-making . . 167-199

CHAPTER VIII.

1776—1777.

Formation of the New York Constitution— Qualities evinced by a great Lawgiver — Merits of the Framers of the American Constitutions — The Revolution both Political and Moral — Difficult Questions respecting the formation of Governments — Adams fears that Jay is in favor of a Government too high-toned— Suggestions of Edward Rutledge — Committee appointed to frame a Constitution— Jay one of the Committee— Opposed to Hastening Deliberations- The Convention think differently — Committee, after considerable delays. Report— The Constitution chiefly Jay's work— Adopted by the Convention Proceedings attending its Adoption — iSituation of New

XII CONTENTS.

York at this period — Outlines of the New York Constitution — The Council of Appointment — Jay was its Author — History of — The Council of Revision — Unpopularity of-rJudges eeldom make good Legislators — Jay opposed to Universal Suffrage — His Dogma respecting— Propriety of — Views as to Toleration — Proposed Restriction as to Roman Catholics — Would guard against the assumed paramount authority of the Pope — ^Opinions respecting Slavery anterior to the Revolution and at the era of — Mr. Webster quoted — Jay's Opinions as to Slavery — Practice as to Manumission ^ Letter to Morris concerning the Constitution — The Constitution generally approved — Lasts until 1821 200-221

CHAPTER IX.

1777—1778.

The Council of Safety — Gloomy Aspect of Affairs — Burgoyne — St. Leger attacks the State on the West — Despondency of the Inhabitants— Exposed to the Indians and Tories — Cruelties of the lattel' — Exceptions to — Tryon County — Jay writes to the General Committee of — Herkimer issues a Proclamation — Panic subsides — Herkimer advances to the relief of iFort Schuyler — ^His imprudent conduct— Is ambuscaded by the Tories and Indians at Oriskany — Desperation of the fight — Gallantry of Herkimer — Is wounded — Anecdote of— Dies from unskilful amputation of his limb — Victory gained by the Americans — Consequences to the Enemy — The prospect bi'ightens — Gansevoort and Willett defend Fort Schuyler — Heroism of — Siege raised — Ruse-de-guerre of Arnold — Hon. Yost Schuyler — General Schuyler deprived of his Command — Sketch of Schuyler — Character of — Causes of his unpopularity — Absurd rumours concerning — Tioonderoga abandoned — Reasons for — Jay's Letter to Schuyler — Jay goes to Philadelphia — Causes of Schuyler's displacement — Adams' account of — Gates — His Character — Burgoyne's Capture — Exultation in New York — Chancellor Kent's recollection of — Jay appointed Chief Justice of New York — Charge to the Grand Jury — Business of his Court — ^Washington visits Jay — Views respecting Invasion of Canada — Jay elected a Delegate to Congress 222-241

CHAPTER X.

1778 — 1779.

President of Congress — Change in the Character of Congress — Washington's ' Picture of the Times' — Congress distracted in regard to their Diplomatic Agents — Silas Deane — His Quarrel with Arthur Lee — Charges against — Lived extravagantly — His Contract with Du Coudray — Foreign Officers in our Army — Character of Arthur Lee — Franklin's Description of — Adams' Conversation with the American Banker concerning — Lee suspected by French Court —

CONTENTS. XIU

Lord Stormont's Letter — Adams' Account of Lee — Ralph Izard — Minister to Tuscany — Dr. Frantliu describes him to Adams — Izard's Quarrel with Franklin — Franltlin refuses to pay his Salary — ^WhyDeane was recalled — He appeals to the Public — His subsequent History — Jay takes the part of Deane — Mr. Laurens, the President of Congress, opposes him — Congress resolve to give him a hearing — Laurens resigns the Chair — Jay chosen his Successor — Determines to resign in favor of General Schuyler — Washington's Letter of Congratulation — Congress resolve to provide their President with a house, &o. — Exaggerated expectations of the value of the French alliance — Relaxed exertions in consequence — Depreciation of the Paper-money. — Congress resolve to fix a limit to their future emissions — Circular Letter to the States — "Written by Jay — Evidences of his unfamiliarlty with the question of Currency — His leading error — Dr. Witherspoon — Extracts from Jay's Letter — The Vermont Controversy — Jay's action respecting — Oliver Ellsworth— Conclusion of the Controversy with Vermont — Gouverneur Morris' views respecting — Jay's Private Correspondence — Robert R. Livingston — Court-martial acquit General. Schuyler — Jay's Letter to him — Extract of a Letter to Washington — Appointed Minister to Spain 242-275

CHAPTER XI.

1779 — 1782.

Minister to Spain — Opinions difier as to propriety of seeking Foreign Alliances — Dr. Franklin's Opinion — John Adams's — Negotiations with Spain — Arthur Lee sent to that country — His success — Views of Spain — M. G6rard — Advises Congress to enlist Spain in the common cause — Congress embarrassed as to whom they should send to that country — Particulars of Jay's election — Sails for Europe in company with M. G6rard — Character of M. Gferard — On friendly terms with Jay — The ship in which they sail disabled by a storm — Jay and GSrard differ as to what course to pursue — They cease to be friendly — Gferard attempts to find out his Instructions — Jay dislikes the French — ' Lafayette is clever, but he is a Frenchman'

The ship arrives at St. Pierre — Jay supplies the Officers with

money — Sails for Toulon in the French frigate Aurora — Arrives at Cadiz — Considered imprudent to proceed to Toulon — Predicament of Jay — Chevalier Roche procures him a credit — Borrows of Le Couteulx & Co.— Politely treated at Cadiz— Count O'Reilly— Carmichael, Jay's Secretary, proceeds to Madrid — Why Jay remains at Cadiz — Receives a Letter from Count Florida Blanca — Is invited to Madrid, but not publicly acknowledged — Suspects Frande of intriguing Arrives at Madrid — Asks Count Montmorin to aid him

in his Negotiation — Montmorin's reply — Object of Jay's Mission

Spain not desirous to form a Treaty — The Navigation of the

Mississippi an obstacle— Jay at one time in favor of yielding that

XIV CONTENTS.

river to Spain — Changes his opinion — Changes in Congress respecting— franklin's opinion — Gouverneur Morris's — Characters of Franklin and Morris — Congress draw Bills on Jay — He informs the Spanish Minister of the fact — The Minister promises to aid him — Points out the means by which Spain may be reimbursed — Bills begin to arrive — The Minister addresses a note to Jay — Offers the King's security to pay the Bills in two years — Proposes that ■ Congress should have Frigates built for Spain — Jay's reply — Cumberland, the Dramatist, arrives in Spain — Object of his visit — Buplicity of the Spanish Court — The War with England unpopular with the Spaniards — They doubt whether the Americans are civilized— Cumberland cordially received — Circumstances attending his meetings with the Minister — Progress of his Negotiation — Arrested by Lord George Gordon's riots — Count D'Bstaing is sent to Madrid to traverse Cumberland — Tha King's Confessor — Count Florida Blanoa — Galvez, the Minister of the Indies — Jay's Negotiation— Effect of General Lincoln's Surrender upon — Florida Blanca procrastinates — Awaits the arrival of a person at Madrid — Death of Mr. Jay's Child — Holders of the Bills become pressing

— Subterfuges of the Minister — Don Diego Gardoqui — Mystery respecting — Has an interview with Jay — Proposes the Surrender of the Mississippi as the price of Spanish aid — Jay's answer — Jay's interview with M. Del Campo — Spain refuses to provide for the payment of the Bills — ' Some glorious reports from America' induce a different determination — The Minister offers the credit of Spain for a loan of $150,000 — Jay accepts the Bills — Is much praised therefor — Is relieved by Dr. Franklin — Inconsistent conduct of Florida Blanoa — Congress instruct Jay to yield the Navigation of the Mississippi — Montmorin assists Jay — Is in a ' cruel situation' — Again relieved by Franklin — Explanation of the conduct of Spain — Jay offers to yield the Mississippi — Spanish Minister thinks a treaty can best be adjusted at a general peace — No progress made in the Negotiation— Treachery of the Spanish Court with regard to the Bills — M. Carbarrus the Banker — The instrument of Florida Blanca — The Bills protested — Finally paid Jay's

ill-success — His disagreeable situation in Spain — His Letters suppressed by the Spanish Post-office— Tenacious in his Friendships — His heart 'takes strong hold' — Suffers from an inadequate and irregular Salary — His social position unpleasant — Refuses to dine with Florida Blanca — Differences with Carmichael — Duplicity of young Littlepage— Jay's advances for — Jay subsequently sues him

— Littlepage's attack upon him in a newspaper — Jay's reply

Character of Littlepage — Jay goes to Paris 276-328

CONTENTS. XV

CHAPTER XII.

1782—1784.

CommiBsioner to Negotiate Peace — M. Gerard and the Chevalier de la Luzerne suggest to Oongress to appoint a Mipister to reside in Europe — John Adams appointed — Jay, Franl^lin, Laurens, and Jefferson, subsequently associated with him — Jay arrives at Paris — Visits Dr. Franklin — His opinion of — Instructions of Congress, to their Commissioners — Adams and Jay disapprove them — Richard Oswald sent to Paris by Lord Shelburne — Description of — Thomas Grenville — His Character — Oswald describes Jay to Secretary Townshend — Jay insists that Independence should be granted by act of Parliament or by Proclamation, and form no part of the Treaty — Franklin and Jay have an interview with M. de Vergennes — The latter of opinion that Independence must be the effect of the Treaty — Franklin of the same opinion — Jay thought differently — His suspicions of the French Court — Oswald's interview with Franklin — Is willing that Independence should make the first article of the Treaty — Franklin's reply — Jay yields the point that Independence should be granted by Proclamation — Proposes that it be done by a particular patent under the great seal — Finally consents that it be a preliminary and independent article of the Treaty — Enabling- Act did not authorize the King to cede Independence in that mode — Jay accepts a, constructive denomination of character in lieu thereof — Change of Negotiators at Paris — Alleyne Fitzherbert — The British Negotiators seek to detach the United States from France — Jay's distrust of the French Court — Whether well-founded — Suspicious circumstances — Marbois' Letter — Account of Marbois — Fitzherbert's Testimony — Progress of the Negotiation — Mr.

Strachey — John Adams arrives at Paris — His description of Strachey, Franklin and Jay — Adams' hatred of Franklin — Laurens' opinion of Franklin — Jay and Adams agree as to the designs of France — Franklin consents to proceed without the privity of the French Court — The Fisheries and the Tories the difficult points in the Treaty — Laurens arrives at Paris — Franklin's formidable proposal — The Provisional articles signed — Vergennes' surprise and indignation — Jay's services in the Negotiation — Suffers from ill health — Goes to Normandy — Does not call on Vergennes— His temper — Count D'Aranda — Anecdote of — Jay and Franklin pay their respects to — His reception of — The Count anxious to resume the Spanish negotiation — Jay refuses to treat — Spain ready to receive Jay, ires honnetement — His health prevents his return to Madrid — Coalition of Fox and Lord North — David Hartley and Duke of Cambridge sent to Paris — Character of Hartley— The definitive Treaty signed — Anecdote of Selwyn — Jay anxious to return home — His love of country — Death of his Father — Thinks if Russia extends her navigation to Constantinople, the United States will derive benefit from it — Assists his Father's family — His ' old mare' — Letter from Bath — Settles his accounts ■with the public and returns home 329-358

Xvi CONTENTS.

CHAPTER XIII.

1784—1789.

Secretary for Foreign Affairs— Jay arrives at New York— His reception —Intends to practice iiis profession— Appointed Secretary for Foreign Affairs— Undecided whetiier to accept it— Livingston's Letter —Jay's reply— Goes into the country— Pleased with the condition of things— Elected a Delegate to Congress— Opinion of the Order of the Cincinnati— Takes his seat in Congress— Accepts the Secretaryship for Foreign Affairs— Renewal of Negotiations with Spain — Arrival of Don Diego Gardoqui — Is received by Congress — Ceremony on his reception — Jay empowered to treat with Gardoqui —The navigation of the Mississippi is the point of difficulty in the negotiation — Jay thinks it should be relinquished for a definite period — Washington's opinion — Population extends westward — Jefferson's views as to the Mississippi — Attempt to revoke Jay's Commission — His powers enlarged — Adjusts a Treaty — Madison's opinion of— The Negotiation ended— The War with the Algerines — In favor of a Navy— John Adams Minister to England — Sentiments of England — William Pitt — Treaty with England not fulfilled— Jay's Report relative to — Feebleness of the Confederation — The Convention at Annapolis — Jay's opinion of — Did not expect much from a Convention — The Federal Convention — Jay not a member — His Political Opinions — Opposition to the Constitution in New York — The Federalist— The Doctor's Mob — Jay wounded — ^Writes an Address to the people of New York — State Convention — Jay a member — Opinions of Governor Clinton — Influence of Jay —The Constitution adopted 359-381

CHAPTER XIV.

1789-1794.

Chief Justice of the United States — Assembling of the new Congress — Washington arrives at New York — His reception — The oath of office administered to him — His address and appearance — Jay fills the Department of State — Washington offers Jay a choice of offices — Prefers the' Chief Justiceship — First Term of the Supreme Court — Jay's first Circuit — Charge to the Grand Jury — Delicacy as a Judge — His popularity in New England — Doctor of Laws — His first Circuits barren of business — Chisholm, Ex'r., v. Georgia — Circuit Court at Richmond — The French Revolution — Question whether a Minister sent by a Regent should be received — Burke's argument — Jay's opinion — Genet — The case of Gideon Henfield — The doctrine laid down by Jay — Not tenable — The case of Ravara — Georgia v. Brailsford — Jay instructs the Jury that they are judges both of law and fact — Nominated Envoy to England — Candidate for Governor of New York — George Clinton — History

CONTENTS XVll

and Character of — Jay defeated -Chancellor Livingston's opposition to Jay — Character of Livingston — Causes of Jay's defeat — Opinions of Rufus King and Aaron Bun- — Excitement in New York — Enthusiastic reception of Jay — Effect of Jay's Treaty on his popularity 382-400

CHAPTBK XV.

1794—1795.

Jay's Treaty — Prospect of War with England — Washington determines to try the effect of Negotiation — Mr. Thomas Pinckney — His Character— Special Minister sent to London — Hamilton the choice of the Federal party — Recommends Jay — Jay nominated — Opposition to, in the Senate — Is confirmed — Thought of, as successor to Washington— Probable effect of » Treaty upon his prospects — His reluctance to go to London — Washington wishes him to become Resident Minister there — His reasons for declining — Embarks for England — Lord Grenville — His Character — Progress of the Negotiation— Treaty concluded — Objects contemplated by Jay's mission — How disposed of — Jay thinks England friendly to the United States — John Adams does not — Jay returns to the United States — Resigns the office of Chief Justice — The Treaty published — Clamor against — Objectionable features of the Treaty — Hamilton's defence of — Speech of Fisher Ames 401-414