CHAPTER I.

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[Illustration]

WILLIAM JAY

AND

THE CONSTITUTIONAL MOVEMENT FOR

THE ABOLITION OF SLAVERY

BY

BAYARD TUCKERMAN

WITH A PREFACE BY

JOHN JAY

NEW-YORK

DODD, MEAD & COMPANY

1893

Copyright by

DODD, MEAD & COMPANY,

1893.

University Press:

JOHN WILSON AND SON, CAMBRIDGE, U. S. A.

PREFACE

BY JOHN JAY.

A prolonged illness, added to other causes, has disappointed my hope of

completing an elaborate biography of my father.

This memoir by Mr. Tuckerman is devoted chiefly to the part borne by

Judge Jay in the antislavery work, to which his time and thoughts were

so long given. In this connection the memoir develops his personal

characteristics, with the constitutional principles and national policy

advocated by him in that historic contest; while of necessity it touches

but lightly on his home life, his varied correspondence, and his

judicial charges, one of which assisted to avert the passage of a

pro-slavery legislative act infringing the liberty of speech and of the

press; and the scope of the volume forbids its dwelling on his writings

on other topics, some of which are still subjects of discussion.

Judge Jay's memoir on the formation of a National Bible Society, which

in 1816 so warmly encouraged the hopes of the venerable Boudinot, was

followed by spirited controversial pamphlets with an antagonist as able

and eminent as Bishop Hobart. The correspondence after Jay's first

letter was marked by an unusual sharpness, which happily did not prevent

my cherished and lamented friend, the son and namesake of the Bishop,

from becoming in later years sincerely attached to his father's

antagonist. It was a contest in which Jay vindicated the right of

Churchmen to assist in the distribution of the Bible, and anticipated in

this his similar efforts for a lifetime to secure the united action of

all good citizens, without regard to creed or politics, in practicable

schemes for the elevation and happiness of mankind. Among his earlier

essays were two on "Sunday: Its Value as a Civil Institution, and Its

Sacred Character"; while a third, upon "Duelling as a Relic of

Barbarism," was honoured, when the authorship was still unknown, by a

medal from an anti-duelling association at Savannah.

THE LIFE OF JOHN JAY.

Judge Jay, in the life of his father, which was welcomed as an important

addition to our American biography of the Revolution, vindicated, by a

careful presentation of the historical evidence then available, the

soundness of the judgment of Jay and Adams, as peace commissioners at

Paris in 1782-83, regarding the policy of the French court as unfriendly

to the American claims to the boundaries, the fisheries, and the

Mississippi. That judgment, afterwards acquiesced in by Dr. Franklin in

the joint violation by the commissioners of the instructions of

Congress--a violation that enabled them to obtain from England

boundaries and concessions far greater than either Congress or France

expected--had been roughly criticised and denied, even in volumes of

diplomatic correspondence claiming an official sanction. Its vindication

by Judge Jay has recently been more than confirmed by the ample proofs

published by M. de Circourt in the secret correspondence of the Count de

Vergennes with his able corps of diplomatic agents, as well as by the

interesting revelations in Lord Edmond Fitzmaurice's "Life of Lord

Shelburne"; and these volumes have dissipated a cloud of error which for

half a century travestied the facts and dimmed the glory of the closing

act of the American Revolution.[A]

JAY'S "WAR AND PEACE," AND INTERNATIONAL ARBITRATION.

Judge Jay's little book on "War and Peace," with a plan of stipulation

by treaty for international arbitration which subsequently led to his

becoming the president of the American Peace Society, and which before

its publication attracted the attention of that sturdy advocate for

peace, Joseph Sturge, during his visit at Bedford, seems entitled to

special notice as one whose scheme is still agitated in the governmental

and national councils of Europe. The plan promptly received the approval

of the Peace Society of London, and of English statesmen like Richard

Cobden and the indefatigable Henry Richard. It exercised a European

influence in the highest quarters when its spirit, under the leadership

of Lord Clarendon, received the sanction of the great powers of Europe

who signed the Treaty at Paris in 1856. Its endorsement, while

cautiously expressed, was recognized as having a new and profound

significance. The Protocol No. 23 declared the wish of the signatory

governments that states between which any serious misunderstanding might

arise should, before appealing to arms, have recourse, as far as

circumstances might allow, to the good offices of a friendly power; it

being understood that the wish expressed by Congress should not in any

case oppose limits to that liberty of appreciation which no power could

alienate in questions that touched its dignity. With that limitation the

recommendation, in advance of a resort to war to have recourse to a

friendly power, was introduced by the Congress to the International Code

of Europe; and among those great diplomatists were the Count Walewski

and Baron Bourgueny, on the part of France; Count de Buol-Schauenstein

and Baron de Hubner, on the part of Austria; Lord Clarendon and Lord

Cowley, on the part of Great Britain; Count Orloff and Baron de Bruno,

on the part of Russia; and Count Cavour and the Marquis de Villamarina,

on the part of Sardinia. The action of the Congress was subsequently

confirmed by that of the lesser states of Europe. Mr. Gladstone

pronounced the protocol "a very great triumph, a powerful engine in

behalf of civilized humanity." The late Earl of Derby referred to it as

"the principle which to its immortal honour was embodied in the

protocols of the Conference at Paris"; and the Earl of Malmesbury

pronounced the act "one important to civilization and to the security of

the peace of Europe." The idea that this scheme is more and more

regarded as widely applicable to international disputes, as easily

practicable and profoundly important to the peace of nations, would seem

probable from the extent to which, as the century approaches its

completion, the scheme has occupied more and more the attention of both

the statesmen and of the masses who are the most interested in

discovering a substitute for war.

For a time after the Geneva award, the moral weight and value of

international arbitration seemed to be more doubted than ever. It was

said that while the scheme had in that case avoided war, it had

suggested the probability of claims so extravagant and inadmissible as

almost to force the opposing party to break the treaty under the cover

of which they were advanced, even at the risk of increased hostility and

a resort to war; and that the escape of both nations from such a

catastrophe by the action of the Genevan Court in dismissing without

argument the American claims for indirect damages was but a happy

accident. But this idea seems to have been succeeded by the happier

thought that an appeal to international arbitration is an appeal to the

fairness of the world, and that the question for the parties, judges,

and spectators is so clearly one of honour, that no nation can afford to

ask what the justice of the world candidly disapproves. In the case of

the Geneva Congress, while the rejected claims were presented in the

name of the President, General Grant himself subsequently denied their

justice and approved their rejection. Sir Lyon (now Lord) Playfair, who

perhaps appreciates the entire subject of arbitration as thoroughly as

any living statesman, gave an interesting sketch of its recent progress,

both in Europe and America, in a paper entitled, "A Topic for

Christmas," in the _North American Review_ for December, 1890. Three

years before, Sir Lyon had headed a deputation of members of the English

Parliament who came to present to the President of the United States a

memorial from 234 members of the House of Commons, with delegates from

English Trades Unions representing 700,000 workingmen. Congress in

response concurrently resolved to invite from time to time, as fit

occasion might arise, negotiations with any government with which the

United States has or may have diplomatic relations, to the end that any

differences or disputes arising between the two governments which cannot

be settled by diplomatic agency may be referred to arbitration and be

peacefully adjusted by such means. Although Europe is supposed by many

to be awaiting a war of gigantic magnitude, Sir Lyon, referring to the

approval of arbitration by the Pan-American Congress by continental

parliaments and international assemblies at Paris and London, said that

the legislatures which had already passed resolutions in favor of

arbitration represented 150,000,000 of people, and remarked that the

extension of that feeling would be a better force than an international

police to secure the observance of treaties. The excess of war

preparation already endangering national credit and threatening national

bankruptcy is quoted as proving that the arbitration idea will be

insisted upon, and in the anticipated movement the United States is

described as fitted to be the leading champion of arbitration. Sheridan

is quoted among others as saying: "I mean what I say when I express the

belief that arbitration will rule the world." The scheme is now

represented as likely to be accepted by thinkers who reject the thought

of Kant, Bentham, and Mills for an international Congress; and Sir Lyon

Playfair, in connection with the idea of arbitration, quotes the remark

of Mazzini that "thought is the action of men and action the thought of

the people."

"THE WAR WITH MEXICO," AND ANTISLAVERY PAPERS.

The "Review of the War with Mexico" stands among Judge Jay's volumes

unexcelled by exactness of congressional, diplomatic, and, to some

extent, military research; and by plainness of speech in regard to

national outrages and perfidy without a name, perpetrated in the cause

of slavery; and his writings generally on this subject show the same

accurate inquiry and outspoken frankness. It was on the varied phases

of our treatment of the coloured people, free and slave, at our own

doors, the cruel wrong so full of injustice to the blacks, of scandal to

Christendom, and of menace to the republic, that Jay wrote with deepest

earnestness, the most exacting research, and a fearless pen. His inquiry

into "The American Colonization and the Antislavery Societies" and "The

Action of the Federal Government in Behalf of Slavery," developed facts

which implicated prominent politicians of both parties, and aroused at

once their surprise and indignation, while the disclosure directly

appealed to the pride and conscience of the American people. The same

judicial, dauntless, and defiant spirit marked the appeals which he

prepared for the Antislavery Society against the calumnies of the press,

and the dignified protest against the libellous charges so unworthily

made by President Jackson in his message to Congress. The same spirit

animated his address on "The Condition of the People of Colour in the

United States"; the "Appeal to the Friends of Constitutional Liberty, on

the Violation by the House of Representatives of the Right of Petition";

his supplement to "The Reproof of the American Church," by Bishop

Wilberforce of Oxford; the exposure in the letter to Bishop Ives of the

clerical efforts to sanctify slavery and caste; and his earnest demand

for the equal admission of the coloured churches to the Diocesan Council

of New York. So, too, with the critical analysis of Mr. Clay's

"Compromise Bill," including the Fugitive Law and Mr. Webster's "Theory

of Physical Geography"; his address to the inhabitants of New Mexico and

California, so timely distributed in English and Spanish, and so happily

followed in California by a free constitution, urging them to resist the

domination of slavery with its ignorance and degradation, and to secure,

by their own manly independence and just statesmanship, a glorious

future of power and happiness; his address to the antislavery

Christians; and his plain reminders to the Protestant Episcopal Church,

and to the Tract and other societies, of the inconsistency and evil

influence of their compromising pro-slavery policy.

CONSTITUTIONAL PRINCIPLES--AN HISTORIC PARALLEL.

The part of Jay's life pictured by Mr. Tuckerman not only exhibits these

characteristics, but shows the Antislavery Society to have been founded

by his care, in 1833, on constitutional principles so just and so

clearly defined, that in 1839 sixteen hundred and fifty auxiliary

societies had been established on the same basis, educating the rising

generation, on whom was to rest the destiny of the country in the near

future. It was an education of the quiet and effective influence of

which the pro-slavery leaders seemed unconscious, although to some it

may recall the thought of Dr. Storrs, when he said:--"When I think of a

millennium in our time, in our civilization, my thought rests and

fastens on the promise, 'a little child shall lead them.'" The charge

had already been made against the opponents of slavery of a disregard

of constitutional obligations--of a desire to dissolve the Union and to

encourage slave insurrection. The society declared the exclusive right

of each slave State to legislate in regard to slavery; the

constitutional right of Congress to abolish slavery in the District of

Columbia, to prohibit it in the Territories and new States, and to

control the domestic as well as the foreign slave trade; and it

disclaimed the idea of countenancing the slaves in vindicating their

rights by resorting to physical force. And here is suggested, by the

action and the anticipation of the Slave Power, an interesting historic

parallel. The formation of the Antislavery Society in December, 1833,

followed closely upon Mr. Calhoun's Nullification in South Carolina in

1832, when, as Mr. Pollard tell us, a medal was struck inscribed, "John

C. Calhoun, First President of the C. S. A." A counterpart of this medal

in gold is said to exist at Richmond, with the name of Jefferson Davis

as the first president of the Southern Confederacy, and "1861" on the

reverse side.

These incidents seem to emphasize the fact that the constitutional

principles adopted by the Antislavery Society in 1833, and so widely

circulated by the press and its auxiliaries before the war, although

often assailed, were, in 1854, made the basis of the Republican party,

which, as Americans of all sections may now with mutual regard and

affection thank God, maintained the Union and abolished slavery. Such a

revolution in public opinion is a forcible reminder of the truth that

every principle contains within itself the germ of a prophecy, and it is

a thought fraught with hope and confidence to reformers even when they

seem to be threatened with disaster and defeat.

THE EARLY SCHEME FOR A SOUTHERN CONFEDERACY.

The determination to found a confederacy with slavery as its cornerstone

appears as a fundamental feature in the policy of the Slave Power for

some thirty years before the outbreak of the Civil War. Mr. Calhoun's

idea of secession, apparently suggested by the tariff, General Jackson

predicted would be renewed on the question of slavery. The novel of

Prof. Beverly Tucker in 1835, entitled, "The Partisan Leader; or, Twenty

Years After," foreshadowed the steps at home and abroad which were taken

in forming the new confederacy; and in the South Carolina Convention in

1860, Southern politicians like Rhett, Parker, Keith, and Inglis said

that the matter had nothing to do with Mr. Lincoln or the Fugitive Law,

but had been culminating for a long series of years. The thought of a

Southern Confederacy may have stimulated the policy of using the power

of the Republic, while it lasted, in the interest of the Confederacy

that was to succeed it; supplying a motive for the Texan Rebellion, the

War with Mexico, the effort to secure Cuba, the filibustering

expeditions to Central America, the determination to reopen the African

slave-trade, and the pro-slavery action of the Buchanan administration.

NORTHERN AND EUROPEAN SYMPATHY WITH SLAVERY.

It would be hardly fair to the Southern leaders to assume that they

found no reason for their hope of effecting the dissolution of the Union

in the sympathy and aid promised from the North and from Europe. The

secret conferences with Lord Lyons of Northern sympathizers with slavery

were disclosed by the despatches of that eminent diplomatist. Mayor

Fernando Wood's proposition that New York should become a free city,

independent both of the States and the nation, showed in no slight

degree the temper of the citizens whom he represented; while the later

appeal of so eminent and popular a leader as Governor Horatio Seymour to

the citizens of the State was equally significant when he said, "In the

downfall of the nation, and amid its crumbling ruins, we will cling to

the fortunes of New York." Such utterances enforced by leaders of the

prominence of Franklin Pierce and Vallandingham; the political action of

sympathizers with slavery and the anti-draft riots in New York,

supplemented by the unfriendliness of European governments; and the

escape of the "Alabama"--all these circumstances tended to encourage the

hopes that were doomed to disappointment. Nor in considering the

antislavery movement should we overlook the effect of the antislavery

opinion of our country in ending the danger of European intervention,

which had been unwittingly encouraged by Mr. Seward's too hasty

assurance to our minister in France (April 22, 1861), that "the

revolution was without a cause, without a pretext, and without an

object; and that the condition of slavery in the several States would

remain just the same, whether it should succeed or fail." The

antislavery policy, first of enlistment and then of emancipation, so

earnestly urged upon Mr. Lincoln and adopted by him with conscientious

caution, enlightened Europe as to the true meaning of the contest in our

recognition of the equal right to freedom and the equal dignity of

labour, and forbade its rulers to assist in the establishment of a slave

confederacy; and the historian Lessing, when alluding to the cordial

reception by his holiness the Sovereign Pontiff of the diplomatic agents

of Mr. Jefferson Davis, and the Papal letter recognizing and commending

"the illustrious President of the Southern Confederacy," remarks that

this was "the only official recognition of the chief conspirator by the

head of any government." Nor should the right appreciation by the

abolitionists of the prospect of freedom for the slaves be forgotten.

The fidelity of the negroes during the war, both to the families with

whom they lived, to which Vice-President Stephens bore distinct

testimony, and to the Northern army, from which they expected

emancipation, was no less honourable and conspicuous than the devotion

and gallantry they constantly exhibited in the war, as at Fort Hudson

and Fort Wagner, at Milliken's Bend and Lake Providence, at Newbern and

at Olustee, where their rear-guard saved the army. Their conduct,

whether at home or in the field, justified the conviction of their

steadfast friends in the safety of immediate emancipation, and added

untold force to the sacredness of the pledges so often given during the

war, and still, to the national discredit, unfulfilled--of national aid

to State education, so as to secure to every child of our coloured

citizens the ability to read his Bible and the Constitution, to fulfill

his duties and protect his rights.

As time and reflection impress upon the American mind a clear

comprehension of the changes, national, social, and political, that a

triumph of the Slave Power would have brought to America and its effect

as a set-back to the civilization of the world, an increased interest

will be felt in the beginnings of the contest, and in the men and causes

that shaped its end.

THE LESSON FOR TO-DAY.

I cordially recommend Mr. Tuckerman's memoir to the students of the

antislavery contest, as throwing light on that interesting and but

partially written chapter of American history, in which my father bore a

part; and on the character and policy of the sturdy band with whom he

was associated, including Arthur and Lewis Tappan, Joshua Leavitt, James

G. Birney, Gerrit Smith, and their true-hearted compatriots; while a

wider view would include a group of noble women, who, if differing as to

means, were united in devotion, headed by the honoured names of Maria

Weston Chapman and Harriet Beecher Stowe, Lucretia Mott, Lydia Maria

Child, and the sisters Grimke.

Among our citizens who will be long remembered as early and fearless

opponents of slavery, leading and acting with energy and independence,

according to their personal convictions and occasionally in differing

ways, were the venerable Isaac T. Hopper, William Lloyd Garrison, whose

life has been so faithfully recorded by his sons, John Greenleaf

Whittier, whose old Huguenot spirit lives in his verse as in his name,

Ellis Gray Loring, Lovejoy, the martyr of the west, Wendell Phillips,

with his matchless eloquence, Theodore D. Weld, with his trenchant pen,

Elizur Wright, Jr., Samuel R. Ward, William Goodell, S. S. Jocelyn,

Gamaliel Bailey, Jr., Edmund Quincey, S. H. Gay, Oliver Johnston, James

S. Gibbons, and others, who opened the way--sometimes by devious and

diverging paths--for the party of the Union and Emancipation.

As the contest advanced from the field of politics to that of war, came

Union men from different points whose names will live in our history

with those of John A. Andrew, John C. Fremont, John P. Hale, Chase,

Sumner, Seward, Preston and John A. King, Wilmot, Giddings, Wade, Holt,

and Edwin D. Stanton. In New York, where mob law had prevailed, the

Union League Club upheld the loyalty of the city, the credit of the

nation, and the sanitary commission; raised troops for Hancock in

addition to its own coloured regiments; stimulated the ardour of our

soldiers and the patriotism of the country; welcomed, of the army, Grant

and Sherman, Mead and Sheridan, Hancock and Hooker, Warren and Burnside,

and of the navy, Farragut, Dupont and Rogers, Winslow and the youthful

Cushing; verifying in its spirit and action the remark of Vice-President

Colfax that on the Union League Club Lincoln had leaned in the darkest

hours.

The Club did not forget, neither will the truthful historian forget,

that amid the European plots and intrigues in the interest of slavery,

we had friends high and low, from Alexander of Russia, the emancipator

of twenty millions of serfs--who, like Lincoln, fell by

assassination--to the humble peasants, who instinctively recognised the

hostility to the rights of labor inherent in the slavery system, whose

vicious features had been exposed by John Bright with such masterly

effect.

Goldwin Smith, the historic scholar of Oxford, who at home had denounced

those who would have made England an accomplice in "the creation of a

great slave empire, and in its future extension from the grave of

Washington to the Halls of Montezuma," in his reply to the greetings of

the eminent citizens who had asked him to the club and who assembled to

meet him,[B] said, "Your cause is ours; it is the cause of the whole

human race." The same idea, in almost the same words, was expressed by

the Count de Cavour a few days before his death, in a despatch to the

Italian Minister at Washington, when he said "that ours was the cause

not only of constitutional liberty, but of all humanity."

The antislavery story from the Calhoun medal, struck to commemorate the

supposed birth of a slave empire to the constitutional abolition of

slavery, concerned humanity, and has lessons of warning and

encouragement for the men and women of to-day, on whom rest the hopes of

the country, and who, against odds that seem as formidable as those

presented by the Slave Power at its culmination, are bravely striving

for the advance of humanity, the purification of our politics, and the

preservation of American institutions. They may well adopt the

inspiriting legend of Geneva to which the antislavery contest of America

has given a new radiance, "Post tenebras lux." Our institutions, no

longer endangered by slavery, are assailed with skilful intrigue in

their own strongholds, the public school and the polls, especially of

our great cities, where a corrupt, irresponsible, secret rule recalls

the Council of Ten and the Lion of Saint Mark, and now it is charged

that our very legislation at times is not simply partisan but

fraudulent. The incompatibility of such proceedings with American

principles and American rights recalls with emphatic force the warning

so distinctly and repeatedly given us by Dr. Orestes A. Brownson, that

eminent and philosophic representative of our citizens of the Roman

Catholic faith who stand squarely by the American constitution and

American institutions, of the danger of allowing foreigners to meddle

with our public schools when he said that American civilization was "the

farthest point in advance yet reached by any age or nation, and that

foreigners who come to educate according to their civilization

necessarily educate for a civilization behind the times and below that

of this country."

The enlightening effect of an impartial study of the antislavery contest

on an independent and philosophic critic can be read in the interesting

and instructive pages of Von Holst; and a review of that contest, from

the first presentment of the principles of the Antislavery Society to

the parting scene of Grant and Lee at Appomatox, and the adoption of the

constitutional amendment of emancipation, affords, step by step, amid

whatever mistakes and blunders, evidence which becomes the more striking

and conclusive, as time passes, of what was accomplished in the

antislavery struggle for humanity and the world in shaping the future of

the Republic, by calm resolve, a faithful adhesion to truth and

principle, patient perseverance, unflinching courage, faith in the

triumph of right, American manliness, and far-sighted Christian

statesmanship.

BEDFORD HOUSE, Katonah,

New York, May, 1893.

CONTENTS.

CHAPTER I.

PAGE

Birth and Education of William Jay.--His Early Philanthropic

Interests.--Appointed Judge of Westchester County. 1

CHAPTER II.

Early Opposition to Slavery.--Growth of the Slave Power.--The

Missouri Compromise.--Jay begins Political Agitation for the

Abolition of Slavery in the District of Columbia. 18

CHAPTER III.

Development of the Antislavery Movement.--Organization of

Antislavery Societies.--Anti-Abolition Riots.--Jay publishes his

"Inquiry." 39

CHAPTER IV.

Continued Efforts to suppress the Antislavery Movement by Force and

Intimidation.--Favourable Effect upon the Public Mind produced by

Jay's Writings. 63

CHAPTER V.

Gradual Decline of Riotous Demonstrations against the

Abolitionists.--Changes occur in the Doctrines and Methods of the

American Antislavery Society.--Judge Jay resigns his Membership,

while continuing his Efforts on Behalf of Emancipation. 82

CHAPTER VI.

Judge Jay continues to support the Antislavery Cause by his Advice

and Writings.--In Consequence of his Opinions he is deprived of his

Seat on the Bench.--His Visit to Europe.--His Views on the Liberty

Party.--On the Annexation of Texas.--His "Review of the Mexican

War."--His Advocacy of International Arbitration as a Remedy for

War.--His Work in the Episcopal Church. 112

CHAPTER VII.

Unpopularity of the Abolitionists.--The Compromises of 1850 and the

Fugitive-Slave Law.--Jay's Reply to Webster's 7th of March

Speech.--The Attitude of the Episcopal Church.--The Abrogation of

the Missouri Compromise.--Disunion. 135

CHAPTER VIII.

Death of Judge Jay.--His Position among Antislavery Men.--His other

Public and Philanthropic Interests.--His Private Life.--His

Character. 156

Bibliography 171

Index 175

Appendix 184

ILLUSTRATIONS.

William Jay, from a crayon by Martin _Frontispiece._

View of Bedford House, the home of Judge Jay 9

Chief-Justice Jay, from a painting by Gilbert Stuart 39

William Jay, from a painting by Vanderlyn 81

William Jay, from a painting by Wenzler 135

Mrs. William Jay, from a painting by W. E. West 164

WILLIAM JAY.

CHAPTER I.

BIRTH AND EDUCATION OF WILLIAM JAY.--HIS EARLY PHILANTHROPIC

INTERESTS.--APPOINTED JUDGE OF WESTCHESTER COUNTY.

William Jay, the second son of John Jay, the first Chief-Justice of the

United States, and his wife, Sarah Van Brugh Livingston, was born in the

city of New York the 16th of June, 1789. New York was then the seat of

the Federal Government, and the year is memorable as that in which the

National Constitution superseded the Articles of Confederation, while

the inauguration of Washington marked a new era in American history.

During the absence of John Jay in England, while negotiating the "Jay

treaty," he was elected Governor of New York, and returned home to

assume that office in 1795.

William, then eight years old, was placed at school with the Rev. Thomas

Ellison, the rector of St. Peter's Church, Albany. There he received an

old-fashioned training. In 1801 he wrote to his father: "Mr. Ellison

put me in Virgil, and I can now say the first two eclogues by heart, and

construe and parse and scan them." And later on: "I learn nothing but

Latin." Among his schoolmates was J. Fenimore Cooper, who afterwards

drew a portrait of their old instructor in one of his "Sketches of

England," addressed to Jay:

"Thirty-six years ago you and I were schoolfellows and classmates in the

house of a clergyman of the true English school. This man was an epitome

of the national prejudices and in some respects of the national

character. He was the son of a beneficed clergyman in England, had been

regularly graduated at Oxford and admitted to orders; entertained a most

profound reverence for the King and the nobility; was not backward in

expressing his contempt for all classes of dissenters and all

ungentlemanly sects; was particularly severe on the immoralities of the

French Revolution, and though eating our bread, was not especially

lenient to our own; compelled you and me to begin Virgil with the

eclogues, and Cicero with the knotty phrase that opens the oration in

favour of the poet Archias, 'because these writers would not have placed

them first in the books if they did not intend people to read them

first'; spent his money freely and sometimes that of other people; was

particularly tenacious of the ritual and of all the decencies of the

Church; detested a democrat as he did the devil; cracked his jokes daily

about Mr. Jefferson, never failing to place his libertinism in strong

relief against the approved morals of George III., of several passages

in whose history it is charitable to suppose he was ignorant; prayed

fervently on Sunday, and decried all morals, institutions, churches,

manners, and laws but those of England from Monday to Saturday."

Still, Jay and Cooper were indebted to Ellison's thoroughness in the

classics for much of the mental training, the correct taste, and the

pure English which marked their subsequent intellectual efforts.

Jay was prepared for college by Henry Davis, afterwards president of

Hamilton College. The boy as he appeared at this time was thus described

by his cousin, Susan Sedgwick: "As I look back to that fresh spring-time

of life, there rises clearly before me a vigorous, sturdy boy, full of

health and animation, with laughing eyes, cheeks glowing and dimpled,

and exhibiting already marked traits: with a strong will, yet easily

reduced by rightful authority; in temper quick, even to passion, but

never vindictive; the storm easily raised as soon appeased, thus

foreshadowing him at that later period, when, however capable of

self-control, his fearless resistance to wrong and uncompromising

advocacy of right partook of the same vehement character, happily

expressed by his friend, Mr. Fenimore Cooper, who, in reference to his

then recently published denunciation of the evils of war, addressed him

playfully, 'Thou most pugnacious man of peace.'"

William entered Yale College in January, 1804, in his fifteenth year.

Upon the college roll during his four years were names afterwards well

known in our history. There were trained side by side boys who were soon

to be arrayed against each other in religion, politics, and in the

momentous conflict of slavery with freedom, which, passing from the

senate to the field, their sons and grandsons were to terminate by the

sword. From the State of South Carolina came John C. Calhoun, who

significantly chose for the subject of his graduating oration, "The

Qualifications Necessary for a Perfect Statesman;" Christopher Edward

Gadsden, afterwards bishop of his native State; and Thomas Smith Grimke,

eminent at the bar, in scholarship and philanthropy. Among the Northern

students was the Rev. John Pierpont, known as the reformer and poet, who

at the age of seventy-six went to the front during the Civil War as

chaplain of a Massachusetts regiment; Hon. Henry Randolph Storrs, of New

York, the jurist; Rev. Dr. Nathaniel William Taylor, of the Calvinistic

school of Edwards and Dwight; Dr. Thomas H. Gallaudet, of Huguenot

descent, who devoted himself to the education of deaf-mutes; Dr.

Alexander H. Stevens, of New York; Rev. Dr. Samuel Farmer Jarvis, the

learned professor of oriental literature; Rev. Dr. Gardiner Spring, of

New York, the famous Presbyterian divine; the Hon. William Huntington,

of Connecticut; Jacob Sutherland, of New York; and James A. Hillhouse,

of New Haven, one of the most scholarly of our poets, whose generous

hospitality at his beautiful home, Sachem's Wood, with its avenue of

stately elms planted by his father and himself, was for many years the

delight of his friends. At Yale Jay met Cooper again, and strengthened a

friendship which lasted through life. It was during a visit at Bedford,

about 1825, while sitting on the piazza with Chief-Justice Jay, smoking

and talking of the incidents of the Revolution, that Fenimore Cooper

learned the adventures of a patriotic American, who was apparently

attached to the royal cause, but who constantly warned of danger the

Continental Army in Westchester and was especially useful during the

sitting of the State convention at White Plains. The services and

escapes of this man were reproduced in "Harvey Birch, the Spy of the

Neutral Ground," which achieved so great a success at home and in

Europe, where it still holds its place, having been honoured by more

translations, including the Persian and Arabic, than any similar work

written in English until the appearance of "Uncle Tom's Cabin."

In a letter to his grandson, William Jay, in 1852, Judge Jay gave some

particulars of his college course, which show the simplicity of life in

those days and the still lingering influence of English habits: "Through

the influence of a professor with whom I had previously lived, I was

placed in the room of a resident graduate. The resident graduates were

denominated 'Sirs'; they had a pew in the chapel called the Sirs' pew;

and when spoken of in college always had Sir prefixed to their names.

My room-mate was Sir Holly (Dr. Horace Holly). As a mere freshman I

looked up to my room-mate with great respect and treated him

accordingly. We had no servants to wait on us, except that a man came

every morning to make our beds and sweep the room, and once a week to

scatter clean white sand on the floor. I rose early--generally before

six in winter--made the fire, and then went, pitcher in hand, often

wading through snow, for water for Sir Holly and myself. At that time

the freshmen occupied in part the place of sizers in the English

universities, and they were required to run errands for the seniors. Our

meals were taken in a large hall with a kitchen opening into it. The

students were arranged at tables according to their classes. All sat on

wooden benches, not excepting the tutors; the latter had a table to

themselves on an elevated platform whence they had a view of the whole

company. But it was rather difficult for them to attend to their plates

and to watch two hundred boys at the same time. Salt beef once a day and

dry cod were perhaps the most usual dishes. On Sunday mornings during

the winter our breakfast-tables were graced with large tin milk-cans

filled with stewed oysters; at the proper season we were occasionally

treated at dinner with green peas. As you may suppose, a goodly number

of waiters were needed in the hall. These were all students, and many of

them among the best and most esteemed scholars. About half-past five in

winter the bell summoned us from our beds, and at six it called us to

prayers in the chapel. We next repaired to the recitation-rooms and

recited by candle-light the lessons we had studied the preceding

evening. At eight we had breakfast, and at nine the bell warned us to

our rooms. At twelve it called us to a recitation or a lecture. After

dinner we recommenced our studies and recited for the third time at four

o'clock. During study hours the tutors would frequently go the rounds,

looking into our rooms to see that we were not playing truant. Before

supper, we all attended evening prayers in the chapel."

The presidency of the college was then occupied by Dr. Timothy Dwight,

who also gave instruction in _belles-lettres_, oratory, and theology. To

him Jay wrote in 1818: "I retain a grateful recollection of your kind

attention to me, and I have, and trust will ever have, reason to

acknowledge the goodness of Providence in placing me under your care,

when many of my opinions were to be formed and my principles

established." Still later, he wrote to a college friend: "Your remarks

on Dr. Dwight are grateful to my heart. I cherish his memory as one of

the best friends I ever had."

In his senior year Jay took part in debates among the students, presided

over by Dr. Dwight. Some of the subjects discussed were: "Ought infidels

to be excluded from office?" "Ought religion to be supported by law?"

"Would a division of the Union be politic?" "Would it be politic to

encourage manufactures in the United States?" On the last question Dr.

Dwight remarked: "We shall always buy things where we can get them the

cheapest; we will never make our commodities so long as we can buy them

better and cheaper elsewhere." Jay displayed his natural inclination for

the law by contributing a series of articles on legal subjects, over the

signature of "Coke," to the _Literary Cabinet_, the students' paper. He

took his degree in September, 1807, having injured his eyesight in his

efforts to attain a high standing in his class. "During the winter of my

junior year," he wrote in warning to his grandson William, "I was

struggling hard for honours, and trying to make up for lost time; I used

to rise about four o'clock, light my fire, and sit down to the study of

conic sections. I brought on a weakness in my eyes which lasted several

years. Be sure you never rise before the sun and study your Latin and

Greek by candle-light or gas-light."

After graduation Jay went to Albany and began the study of the law in

the office of John B. Henry. On the 3d of September, 1812, he married

Augusta, daughter of John McVickar, a merchant of New York, and

vestryman of Trinity Church. The difficulty with his eyesight, which had

seriously interfered with his legal studies, became so pronounced as to

compel him to abandon his profession for some years. During this period

he retired with his wife to his father's country seat, "Bedford," in

Westchester County, and there devoted himself with energy to

agricultural pursuits. The farm included about eight hundred acres, part

of a tract purchased by Jacobus van Cortlandt from Katonah Sagamore and

other Indian chieftains in 1700, and confirmed by patent of Queen Anne

in 1704. It had come to Chief-Justice Jay partly through his mother,

Mary van Cortlandt, the wife of Peter Jay, and partly through her

sister, Eve van Cortlandt, the wife of Judge John Chambers.

[Illustration: The Jay House at Bedford.]

Of the forty fields into which the farm was divided, Jay kept a separate

account: showing the tillage and produce, the drainage and fencing, the

dates of planting and reaping. A volume of this kind, begun in 1816,

contained entries as late as 1857, the year before his death. He

perfected himself in grafting and budding, and was particularly

successful with peaches, with cherries, pears and plums, some of them

with Huguenot names and memories, and with muskmelons from Persian seed,

brought to him from the East by a friend. He raised horses from imported

stock, Merino sheep, and superintended the curing of hams from a

Westphalian recipe, furnished by an old Hessian farm hand--one of the

hirelings who had come to conquer and remained to cultivate the country.

In 1818 Jay and Fenimore Cooper drafted the constitution for an

agricultural society of which Governor Jay was the first president and

General Pierre van Cortlandt the second--an institution of great use in

the development of Westchester County.

In 1815, when twenty-six years of age, Jay entered upon that course of

active philanthropy which for the next forty years employed his thoughts

and pen. His first effort was directed to the improvement of his native

town of Bedford in the organization of the Society for the Suppression

of Vice. By means of this society, of which he was the secretary, he did

much to restrain the liquor traffic and to diminish intemperance. Later

on, as a judge, he used all the power of the law to the same end; and it

was he who suggested the law, still in force, which forbids a

tavern-keeper to supply drink on credit.

An interesting incident in this early period of his life was the part

which he bore in founding the American Bible Society, in organizing its

machinery for the immense work it had to perform, and in vindicating the

principles of the society against the attacks of the opposing party in

his own church. In this struggle Jay proved the independence of

character and courage of conviction which afterwards distinguished him

through the seemingly hopeless years of antislavery effort. The general

distribution of Bibles in our day makes it difficult to appreciate the

limited supply, the high cost, and the consequent rarity of the Bible

when this society began its work. The High-Church party in New York were

opposed to the association of Episcopalians with other Christians to

circulate the Bible, and opposed even to the distribution of the Bible,

unless accompanied by the Prayer-book as an interpreter. In these views

they were vigorously supported by their distinguished leader, Bishop

John Henry Hobart. Jay, who had inherited with his Huguenot blood a

faith in the Bible not to be restrained by ecclesiastical assumption,

was an officer of the Westchester Bible Society and deeply interested in

the work. On the appearance of a pastoral letter from Bishop Hobart in

which the High-Church views were expressed, he published a pamphlet

showing that it was "the interest and duty of Episcopalians to unite

with their fellow-Christians of all denominations in spreading the

knowledge of the Word of God." This pamphlet brought him into an active

conflict with the eminent bishop which lasted for several years, and

taught him that a philanthropic cause, even so plainly meritorious, was

not to be carried on without the opposition of powerful conservative

interests.

Convinced that a national society could accomplish more than the local

and scattered State Bible societies, Jay published a pamphlet in 1816

which showed the imperative importance of the work, and urged united

action. At the same time the venerable Elias Boudinot of New Jersey was

exerting himself to the same end. When he received a letter from Jay

enclosing the pamphlet, he thus welcomed his youthful ally: "These

precious moments I have devoted to a full consideration of one of the

greatest and most interesting subjects that has ever concerned the

children of men. Weak and feeble and scarcely able to think or write,

my efforts promised but little in the cause, when your welcome and

unexpected letter was brought in. My drooping spirits were raised and my

mind greatly revived. I could not help giving glory to God for the great

encouragement afforded me to press on in this glorious cause, when I

thus beheld His special mercy in raising up so powerful a support in

this joyous work and labour of love." In the same year the American

Bible Society was formed with the assistance of the best names in the

country. Elias Boudinot was chosen president, with John Jay and Matthew

Clarkson, a gallant officer of the Revolution, as vice-presidents.

Others on the roll were: John Langdon, the statesman of New Hampshire;

William Gray, the eminent merchant of Boston; the scholarly John Cotton

Smith, of Connecticut, with the blood of the Cottons and the Mathers of

colonial history; William Tighlman, the jurist of Pennsylvania; William

Wirt and Bushrod Washington, of Virginia; Charles Cotesworth Pinckney,

of South Carolina; Governor Worthington, of Ohio; John Bolton, of

Georgia; Felix Grundy, of Tennessee; and of New York: Dr. John B.

Romeyne; Colonel Richard Varick, Washington's aide; Daniel D. Tompkins,

the Governor who obtained the abolition of slavery in the State; John

Pintard, John Aspinwall, Jeremiah Evarts, Frederic de Peyster, George

Griffin, De Witt Clinton, the Patroon Stephen van Rensselaer, and

Colonel Henry Rutgers.

Notwithstanding the honourable support given to the society, it had to

resist a carefully organized assault on the part of Bishop Hobart and an

influential portion of his clergy aimed at the vital principle on which

the success of the movement depended--the cordial union of all

Christians. Jay's previous training in the same field of controversy,

his staunch devotion at once to his cause and to his church, designated

him as the proper person to carry on, in behalf of the society, the war

of letters and pamphlets which ensued. Although pitted against an

adversary to whom age, experience, and station gave great advantages, he

acquitted himself with credit, displaying literary and reasoning powers

which were soon to exert a potent effect upon the great moral issue of

our time.

Other questions of a philanthropic character occupied his pen. The Synod

of Albany having offered a prize for the best essay on the observance of

the Sabbath, Jay competed for it with success. A more notable incident

of the same sort occurred in 1828. The Savannah Anti-duelling

Association offered a medal for the best argument against duelling. The

committee appointed to judge the essays were: John Cummings; James M.

Wayne, subsequently appointed by President Jackson a justice of the

Supreme Court; R. W. Habersham, afterwards Governor of Georgia; William

Law; and Matthew Hall McAllister, mayor of Savannah and an opponent of

Nullification in 1832. That in 1828 these Southern men were seeking to

root out the habit of duelling, and that the prize should have been

awarded by them to William Jay, is a curious commentary on the

connection between slavery and duelling. At this time both practices had

their opponents at the South who were allowed to express their opinions.

As the grip of slavery increased in strength and closed the mouth of

every objector, anti-duelling sentiment was simultaneously extinguished.

Both barbarous practices were to increase and to perish together. Jay's

essay could then find praise among men who a few years later would not

tolerate in their homes any product of his pen.

In May, 1818, Jay was appointed one of the judges of Westchester County.

The mention of the fact in his diary closed with the words, "May I have

grace to discharge with fidelity the duties of the station." Two years

later a commission from Governor Clinton made him the first judge of the

county, an office which he held until 1823, when the adoption of the new

constitution terminated all offices under the old one. Fenimore Cooper

then wrote to him, "I see that you are unhorsed with other clever

fellows." But in response to a general demand, Governor Clinton

reappointed him under the new constitution, and he continued to hold

office under successive governors of different parties until 1843, when

he was displaced by Governor Bouck at the demand of the pro-slavery wing

of the democracy. A decision of Jay's, rejecting a witness who declared

his un-belief in God, occurred when De Tocqueville was in the United

States, and was commented upon by the distinguished Frenchman as having

been accepted by the press without comment, and as showing that the

American people combined the notions of Christianity and of liberty so

intimately that it was impossible to make them conceive of the one

without the other, and that they held religion to be indispensable to

the maintenance of republican institutions. In 1862, soon after Jay's

death, when an attempt was made by a pro-slavery faction in the county

to remove his portrait from the court-house at White Plains, it was

defeated by a protest of the members of the bar. "Many of us," they

said, "were well acquainted with Judge Jay, and can speak from personal

knowledge of those high qualities which have given him an historic

celebrity. Whilst he entertained and vigorously vindicated decided

opinions on certain questions which have much divided society and

produced much acrimony of feeling--in which many of us did not

sympathize with him--yet we can all bear testimony to the noble

frankness and sincerity of his nature, to his deep interest in all

questions tending to advance the interest of the race, and to the

extraordinary intellectual strength displayed by him on all occasions in

giving expression to his convictions."

In the early years of Jay's life, it appears that his mind turned

naturally toward philanthropic subjects. His moral sense was largely

developed, his conscience active, his humanity aggressive. His own

comfortable circumstances did not close his heart to the sufferings of

others. His generous nature longed to replace evil by good. And in the

cause which his conscience approved, no obloquy nor social unpopularity

could impede his progress. At the same time, there was about him nothing

of the intemperate agitator. He was a judge and brought to his

philanthropic labours a judicial habit of mind. Indeed, it was this

habit of mind which distinguished him among his fellow-workers in the

antislavery cause. It was his mission to urge emancipation with the

Constitution in his hand; to meet in conflict that portion of society

which silenced its uneasy conscience by a repetition of constitutional

provisions, and at the same time to combat those who were inclined to

seek emancipation by unconstitutional means.

His quiet country life, in which healthful out-of-door pursuits were

mingled with the study and reflection of his library, particularly

fitted him to look at this all-important question with calmness, with

consideration for both sides, and yet with the vigour of a mind free to

work exhaustively on a subject involving many conflicting theories and

duties. He brought to his task real talents, literary and polemic; a

style ready and concise; a reasoning enlivened by an effective vein of

irony. He had a refined and benevolent countenance, a pleasing manner,

a temper even, but easily roused to indignation at the sight of

injustice. Before considering his first connection with the antislavery

movement, we may glance at its situation in the early manhood of William

Jay.

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