John Jay: Early America (Primary Source Readers)

TCM 8784

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Table of Contents

Man of Many Talents John Jay was one of the first Americans to make the

Man of Many Talents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 The Early Years . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4–5 Keeping the British in Charge . . . . . . . . . . . . . . . . . . . . 6–7

country great. He held many jobs in the government throughout his life. Jay was very good at working with other countries. He helped them get along with the United States. He may be best known for being the first chief justice of the United States Supreme Court.

War at Home . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8–9

John Jay as a young man

Ending the War . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10–11 New Documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12–13 Three Equal Parts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14–15 First Chief Justice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16–17 Understanding the Court System . . . . . . . . . . . . . . . . 18–19 Challenge to the Constitution . . . . . . . . . . . . . . . . . . . 20–21 Busy Life . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22–23 Glossary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 Index . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .25 



The Early Years John Jay was born in 1745 in New York City. When he was a boy, he was taught by private teachers. He also went away to a boarding school. As he grew up, it was clear that he was very smart.

Growing Up Fast

He was accepted into King’s College as a young man.

John Jay started college when he was only 14 years old!

That school is now called Columbia University. It is still well known today.

King’s College in New York

When Jay finished college, he became a lawyer. He worked with another lawyer named Robert Livingston. Jay later married Robert Livingston’s cousin, Sarah.

Birds-eye view of New York City 

Robert Livingston Mrs. Sarah Livingston Jay



Keeping the British in Charge When John Jay was 28, he went to the First Continental (kon-tuh-NEN-tuhl) Congress. The colonists were trying to decide what to do about Great Britain. The colonies did not like how the British were treating them. Jay did not like it either, but he thought the problems could be solved. He was afraid of how people would act if Great Britain were not in charge. This map shows the British colonies.

Benjamin Franklin, John Adams, and Thomas Jefferson helped write the Declaration of Independence.

The Declaration of Independence was written during the Second Continental Congress. It explained why the colonies wanted their own country. Jay was not there when it was signed. Signing of the Declaration of Independence

No Signature Thomas Jefferson believed that John Jay missed the signing of the Declaration of Independence on purpose. Jefferson thought that Jay did not want to be free from Great Britain. 



British troops landing in Boston

Free Hotel The colonists really disliked one British law. It was called the Quartering Act. British soldiers were allowed to stay in colonial homes for free.

War at Home The colonists were very upset with Great Britain. They did not like paying high taxes. The colonists felt like they were getting nothing from the British. British soldiers were sent to the colonies. These soldiers

British troops occupying Boston

were supposed to control the colonists. Instead, the American Revolution started. During the war, John Jay went to New York. He helped set up the state government. He soon became chief justice of New York. That made him the most important judge in the state. 



Ending the War

When Jay came back from Paris, he found out that he had

John Jay, Benjamin Franklin, and John Adams were sent

a new job. He was secretary of foreign (FOR-uhn) affairs.

to Paris, France. They met with people from Great Britain.

That meant that he was in charge of helping America get

The two sides talked about how to end the war.

along with other countries.

Great Britain had to accept America as its own country. And, the British soldiers had to leave America. This agreement was called the Treaty of Paris. The Treaty of Paris

Unfinished Portrait This painting shows John Jay, John Adams, Benjamin Franklin, Henry Laurens, and William Temple Franklin signing the Treaty of Paris. The British respresentatives are missing. 10

A famous picture was painted of the men who signed the Treaty of Paris. It is an odd picture, though. Only the Americans are in it. The British refused to pose, so their half is blank. The picture illustrates how America was separated from Great Britain. 11

“The Federalist Papers”

First edition of The Federalist, the published essays of Hamilton, Madison, and Jay

John Jay, James Madison, and Alexander Hamilton wrote letters to newspapers. They wanted to tell everyone about how great the Constitution could be. Their letters became very well known. They were later named “The Federalist Papers.”

New Documents

The Articles of Confederation

Madison

As a new country, America needed a plan. How would everyone work together? The Articles of Confederation

Jay

Hamilton

(kuhn-fed-uh-RAY-shuhn) was the country’s first plan. Many people thought it did not work very well. So, Congress wrote a new plan for the government. This new plan was called the Constitution. People in the states agreed that the new plan would work. They ratified the document. The Constitution became the

Soon after, the Bill of Rights was added to the Constitution. The Bill of Rights was the first ten amendments, or changes, to the Constitution. These changes were made to protect the personal rights of the public.

plan for the new form of government in the United States. 12

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Three Equal Parts

Jack of All Trades

The Constitution formed a government with three branches. Congress makes the laws. The president and his cabinet see that the laws are followed. The court system solves problems with the laws.

John Jay served in all three branches of the government. He created laws in the Continental Congress. He made sure laws were carried out as the secretary of foreign affairs. He examined laws as the first chief justice of the Supreme Court.

These three parts all have the same amount of power. The colonists wanted to make sure that no one branch could take over. Great Britain had used its power in a negative way. The colonists didn’t want that to happen again. All three branches work together to make a good system

Location of the Continental Congresses in Philadelphia

for the country. White House Executive Branch

The three branches of government

Chief Justice John Jay

U.S. Capitol Building Legislative Branch 14

Supreme Court Building Judicial Branch

Letter from President Washington to Secretary of Foreign Affairs John Jay 15

First Chief Justice The Constitution described the United States

Riding Circuit

Supreme Court, but it did not say exactly how it should

A Supreme Court justice had one job no one liked. They had to visit smaller courts to hear cases. Traveling to the courts was very hard. The judges would ride in stagecoaches or on horses. The roads were bumpy and dirty. It took 100 years before this custom was stopped.

work. Congress and the first justices, or judges, of the court had to figure this out. President George Washington named John Jay the first chief justice of the Supreme Court. Washington asked Jay and the other justices to meet. He wanted them to set up the Supreme Court.

Note from George Washington naming the first justices to the Supreme Court

Early chief justices of the United States Supreme Court

The judges had great ideas. They wrote their ideas in a letter to the president. This was how the rules of the Supreme Court were made. Today, the Supreme Court runs almost the same way. 16

John Jay was the first chief justice of the Supreme Court.

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He couldn’t get in the way of a bill before Congress. Once the bill was a law, the Supreme Court could decide if the Constitution was being followed. Even though Hamilton was a friend, Jay knew he had to follow the rules of the Constitution.

John Jay painting by Gilbert Stuart

Too Busy for His Body John Jay wanted a painting of himself. He was chief justice at the time. So, he was a very busy man. He posed for the painting of his head. Then, his nephew wore a judge’s robe and posed for the rest of the painting.

Alexander Hamilton

Understanding the Court System John Jay understood his job with the Supreme Court from the start. His friend, Alexander Hamilton, was very worried about a bill that was going to Congress. Hamilton did not want Congress to make this bill into a law. Hamilton wrote a letter to Jay, asking him to help stop the bill. Jay replied that his job was only to hear court cases. 18

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Challenge to the Constitution

The Constitution of the United States

John Jay soon got the chance to decide an important case. This case was Chisholm v. Georgia. No one had ever tried to sue a state before. People didn’t even know if it would be allowed. Jay decided that a person from one state could sue another state. He wrote that a state was just like a big company. And, a person could sue a company. So, a person could sue a state. His decision was not well liked. Some people did not think a single person should ever be more powerful than a state.

Jay Caused a Change The decision Jay made in Chisholm v. Georgia upset many people. It was so disliked that a change was made to the Constitution. The Eleventh Amendment states that people from one state cannot sue another state.

Letter from President Washington to Congress describing the ratification of the Eleventh Amendment

Edmund Randolph was one of the lawyers in the Chisholm v. Georgia case Edmund Randolph

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Message of President John Adams nominating John Marshall to be chief justice

begged Jay to return as chief justice of the Supreme Court. Jay said no. A man named John Marshall took the job instead. Jay could have come back to work in the government at any time. Instead, he decided to do other jobs over the years. He died in his home at age 83. John Jay was a great American. He worked in government for most of his life. Sometimes the people elected him. Other times, the president chose him for a job. No matter how he was hired, Jay worked hard. He cared deeply about his country.

Jay’s Treaty

Busy Life

John Marshall

While John Jay was chief justice, he was sent to England. President Washington wanted him to stop a new war from happening. Jay was successful in preventing the war. When Jay got back, he found out that he had a new job. He had been elected the new governor of New York. He had to leave the Supreme Court to take this new job. In 1801, Jay was ready to retire after so many years in

When Jay went to England, he helped write a treaty. It was later named Jay’s Treaty. The people in America did not like the treaty at all. They thought it gave England everything it wanted while America received nothing.

A dummy of John Jay being hanged and burned after Jay’s Treaty was signed

the government. Before he did, President John Adams 22

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Glossary amendments—changes made to the Constitution; two-thirds of the states must agree Articles of Confederation—the first system of government for the United States bill—a possible law in Congress branches—parts or sections of the government cabinet—a group of people who give advice to the president chief justice—top judge among a group of judges Congress—main group of lawmakers for the United States government; made of two groups—the House of Representatives and the Senate constitution—document that outlines the laws of a country Continental Congress—meeting of the lawmakers for the original 13 colonies elected—chosen by a vote foreign affairs— relationships with other countries government—group of people in charge of a community, state, or country justices—judges in a court ratified—officially agreed or approved Supreme Court—the highest court in the United States

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