CHAPTER.I

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York was then the seat of the Federal Government, and the year is memorable as that in which the National Constitution superseded the Articles of Confederation, while the inauguration of Washington marked a new era in American history.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, inhis 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 Grimké, 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 a 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.

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. Inthese 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 theseSouthern 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 pleasingmanner, 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.