| Peyton Randolph Henry Middleton John Hancock Henry Laurens John Jay Samuel Huntington Thomas McKean
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The Forgotten Presidents of the Continental Congresses and the United States under the Articles of Confederation.
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Peyton Randolph |
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Peyton Randolph (Born ca. 1721, died 1775) - Served the First Continental Congress from September 5, 1774 until October 21, 1774 and the Second Continental Congress from May 10, 1775 to May 24, 1775, resigning due to ill health, and succeeded by John Hancock.
When he returned to Williamsburg after presiding over the Continental Congress in 1775, Peyton Randolph was on the black list of patriots the redcoats proposed to arrest and hang. The city's volunteer company of militia offered him its protection in an address that concluded: "MAY HEAVEN GRANT YOU LONG TO LIVE THE FATHER OF YOUR COUNTRY, AND THE FRIEND TO FREEDOM AND HUMANITY!"
If his friend George Washington succeeded him to the title of America's patrimonial honors, Randolph nevertheless did as much as any Virginian to bring the new nation into the world. He presided over every important Virginia assembly in the years leading to the Revolution, was among the first of the colony's great men to oppose the Stamp Act, chaired the first meeting of the delegates of 13 colonies at Philadelphia in 1774, and chaired the second in 1775.
He had been born 54 years before--probably in Williamsburg--the second son of Sir John and Lady Susannah Randolph. His first name was his maternal grandmother's maiden name, just as his older brother Beverley's was their mother's. The surname Randolph identified him as a scion of 18th-century Virginia's most powerful clan.
When he was three or four years old, the family moved into the imposing wooden home on Market Square now known as the Peyton Randolph House. His father, among Virginia's most distinguished attorneys, Speaker of the House of Burgesses, and a wealthy man, died when Peyton was 16, leaving the house and other property for him in trust with his mother. The will also gave Peyton his father's extensive library in the hope he would "betake himself to the study of law." By then, he had a brother John and a sister Mary.
Attentive to his father's wishes, he attended the College of William and Mary, then learned the law in London's Inns of Court. He entered the Middle Temple on October 13, 1739, and took a place at the bar February 10, 1743. Returning to Williamsburg, he was appointed the colony's attorney general by Governor William Gooch on May 7, 1744. His father had filled the office before him, and his brother would assume the role after.
When he turned 24, Randolph reached the age set for his inheritance. On March 8, 1746, he married Betty Harrison, and on July 21 (more than two years after his return), he qualified himself for the private practice of law in York County.
His cousin Thomas Jefferson may have shed some light on the delay in a character sketch he wrote of Randolph years later. "He was indeed a most excellent man," Jefferson said, but "heavy and inert in body, he was rather too indolent and careless for business."
He was, as well, occupied with myriad public duties. In 1747 he became a vestryman of Bruton Parish Church, in 1748 Williamsburg's representative in the house of Burgesses, and in 1749 a justice of the peace. He returned to the House in 1752 as the burgess for the college, and on December 15, 1753, the house hired him as its special agent for some ticklish business in London.
Soon after he arrived in Virginia in 1751, Governor Robert Dinwiddie had begun to exercise a right no governor had before: the imposition of a fee for certifying land patents. For his signature, Dinwiddie demanded a pistole, a Spanish coin worth about 20 shillings. Regarding the fee as an unauthorized tax, Virginians objected, though to no result.
Peyton Randolph was dispatched to England as the house's agent, with directions to go over the governor's head. But as attorney general, it was his duty to represent the interests of the Crown, of which Dinwiddie was the principal representative in Virginia. Randolph was attacking the right of the governor he was appointed to defend.
The governor refused to give Peyton Randolph permission to leave the colony, but he left anyway. In London, he had to answer for his action, and he was ousted from the attorney general's office. Dinwiddie had already named George Wythe as acting attorney general in Randolph's place.
Nevertheless, the London officials pointedly suggested that Dinwiddie reconsider his fee and said that they would have no objection to Peyton Randolph's reinstatement if he apologized. So he did, and subsequently resumed office soon after his return to Williamsburg.
Reelected burgess for the college in 1755, he involved himself the next year in a somewhat ludicrous, though harmless, attempt to promote morale during the French and Indian War. With other prominent men, he formed the Associators, a group to raise and pay bounties for private troops to join the regular force at Winchester. George Washington, in charge of the fort there, wasn't sure what he would do with the untrained men if they arrived. Not enough came, however, to cause any inconvenience.
In 1757, Randolph joined the college's board, and he served as a rector for one year. He was reelected burgess for Williamsburg in 1761, and thus entered the phase of his life that thrust him into a leadership role in the Revolution.
Word of Parliament's intended Stamp Act brought Virginians and their burgesses into conflict with the Crown itself in 1764. Peyton Randolph was appointed chairman of a committee to draft protests to the king, the House of Lords, and the House of Commons maintaining the colony's exclusive right of self-taxation.
The responsibility put him at odds with Patrick Henry, the Virginian most noted for opposition to the tax. At the end of the legislative session in 1765, Henry, a freshman, introduced seven resolutions against the act. Peyton Randolph, George Wythe, and others thought that Henry's resolutions added nothing to the colony's case and that their consideration was improper until the colony had a reply to its earlier protests.
In the final days of the session, after many opponents had left the city, Patrick Henry introduced his measures and made his "Caesar-Brutus" speech. Peyton Randolph, though not yet Speaker, was presiding. When Speaker John Robinson resumed the chair the following day (May 30), Henry carried five of his resolves by a single ballot. A tie would have allowed Robinson to cast the deciding "nay." Jefferson, standing at the chamber door, said Peyton Randolph emerged saying, "By God, I would have given one hundred guineas for a single vote."
Patrick Henry left town, and the next day his fifth (and most radical) resolution was expunged by the burgesses who remained. Nevertheless, it was reprinted with the others in newspapers across the colonies as if it stood.
Peyton Randolph was elected Speaker on November 6, 1766, succeeding the deceased Robinson and defeating Richard Henry Lee. Peyton's brother John succeeded him as attorney general the following June. By now the brothers had begun to disagree politically; John's conservatism would take him to England in 1775 while Peyton joined the rebellion.
Another set of Patrick Henry's resolves, against the Townshend Duties, came before the House in May 1769. This time Peyton Randolph approved their passage, but Governor Botetourt did not. He dissolved the assembly. The "former representatives of the people," as they called themselves, met the next day at the Raleigh Tavern with Speaker Peyton Randolph in the chair. They adopted a compact drafted by George Mason and introduced by George Washington against the importation of British goods. Speaker Randolph was the first to sign.
When the new legislature met in the winter, the governor was pleased to announce the repeal of all of the Townshend Duties, except the small one on tea. Legislative attention turned to other, calmer affairs. The next summer Peyton Randolph became chairman of the building committee for the Public Hospital.
Tempers flared again in 1773, when Great Britain proposed to transport a band of Rhode Island smugglers to England for trial. The implications for Virginia were troublesome, and the burgesses appointed a standing Committee of Correspondence and Inquiry with Speaker Peyton Randolph as chairman. The following May brought word of the closing of the port of Boston in retaliation for its Tea Party.
On May 24, 1774, Robert Carter Nicholas introduced a resolution drafted by Thomas Jefferson that read: "This House, being deeply impressed with apprehension of the great dangers, to be derived to British America, from the hostile Invasion of the City of Boston, in our Sister Colony of Massachusetts bay, whose commerce and harbour are, on the first Day of June next, to be stopped by an Armed force, deem it highly necessary that the said first day of June be set apart, by the Members of this House, as a day of Fasting, Humiliation and Prayer, devoutly to implore the divine interposition for averting the heavy Calamity which threatens destruction to our Civil Rights, and the Evils of civil War; to give us one heart and one Mind to firmly oppose, by all just and proper means, every injury to American Rights; and that the Minds of his Majesty and his parliament, may be inspired from above with Wisdom, Moderation, and Justice, to remove from the loyal People of America, all cause of danger, from a continued pursuit of Measure, pregnant with their ruin."
It was adopted.
Governor Dunmore summoned the house on May 26 and told Peyton Randolph: "Mr. Speaker and Gentlemen of the House of Burgesses, I have in my hand a paper published by order of your House, conceived in such terms as reflect highly upon His Majesty and the Parliament of Great Britain, which makes it necessary for me to dissolve you; and you are accordingly dissolved."
On May 27, 1775, 89 burgesses gathered again at the Raleigh Tavern to form another nonimportation association, and the following day the Committee of Correspondence proposed a Continental Congress. Twenty-five burgesses met at Peyton Randolph's house on May 30 and scheduled a state convention to be held on August 1 to consider a proposal from Boston for a ban on exports to England.
Peyton Randolph led the community to Bruton Parish Church on June 1 to pray for Boston, and soon he was organizing a Williamsburg drive to send provisions and cash for its relief. The First Virginia Convention approved the export ban and elected as delegates to the Congress Peyton Randolph, Richard Henry Lee, George Washington, Patrick Henry, Richard Bland, Benjamin Harrison, and Edmund Pendleton.
On August 18, 1774, before he left Williamsburg, Peyton Randolph wrote his will, leaving his property to the use of his wife for life. They had no children. The property was to be auctioned after her death and the proceeds divided among Randolph's heirs.
When the First Continental Congress convened in Philadelphia on September 5, 1774 Thomas Lynch of South Carolina nominated Peyton Randolph to be chairman. He was elected by unanimous vote, and so became the first President of the united colonies. Delegate Silas Deane wrote Mrs. Deane: "Designed by nature for the business, of an affable, open and majestic deportment, large in size, though not out of proportion, he commands respect and esteem by his very aspect, independent of the high character he sustains."
In October 21, 1774, Peyton Randolph returned to Williamsburg to preside at an impending meeting of the house. Repeatedly postponed, it did not meet until the following June. Nonetheless, on November 9 Peyton Randolph accepted a copy of the Continental Association banning trade with England signed by nearly 500 merchants gathered in Williamsburg.
Peyton Randolph was in the chair again at the Second Virginia Convention in Richmond on March 23 when Patrick Henry rose and made his "Liberty or Death" speech in favor of the formation of a statewide militia. In reaction Governor Dunmore removed the gunpowder from Williamsburg's Magazine on April 21. Alerted to the theft, a mob gathered at the Courthouse. Peyton Randolph was one of the leaders who persuaded the crowd to disperse and averted violence.
Peyton Randolph led the Virginia delegation to the Second Continental Congress in May 1775, and he again took the chair as president. Due to ill health he resigned 14 days later. General Thomas Gage, commander of British forces in America, had been issued blank warrants for the execution of rebel leaders and a list of names with which to fill them. Peyton Randolph's name was on the list. He returned to Williamsburg under guard, and the town bells pealed to announce his safe arrival. The militia escorted him to his house and pledged to guarantee his safety.
The Third Virginia Convention reelected its speaker to Congress in July 1775, and Randolph left for Philadelphia in late August or early September. By this time, John Hancock had succeeded him to its chair.
About 8 p.m. on Sunday, October 23, 1775, Peyton Randolph began to choke, a side of his face contorted, and he died of an "apoplectic stroke." He was buried that Tuesday at Christ's Church in Philadelphia. His nephew, Edmund Randolph, brought his remains to Williamsburg in 1776, and he was interred in the family crypt in the Chapel at the College of William and Mary on November 26.
Peyton Randolph's estate was auctioned on February 19, 1783, after Betty Randolph's death. Thomas Jefferson bought his books. Among them were bound records dating to Virginia's earliest days that still are consulted by historians. Added to the collection at Monticello that Jefferson sold to the federal government years later, they became part of the core of the Library of Congress.
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Peyton Randolph |
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33rd Speaker of the Virginia House of Burgesses |
In office 1766 – 1775 |
Preceded by |
John Robinson |
Succeeded by |
Office abolished |
1st and 3rd President of the Continental Congress |
In office September 5, 1774 – October 22, 1774 |
In office May 10, 1775 – May 24, 1775 |
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Born |
September 10, 1721(1721-09-10) Williamsburg, Virginia |
Died |
October 22, 1775 (aged 54) Philadelphia, Pennsylvania |
Signature |
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Early life
Randolph was born in Virginia to a prominent family. His parents were Sir John Randolph and Susannah Beverley; his brother was John Randolph. He was also the grandson of William Randolph.
Randolph attended the College of William and Mary, and later studied law at Middle Temple at the Inns of Court in London, becoming a member of the bar in 1743.
Political career
Randolph returned to Williamsburg after he became a member of the bar, and was appointed Attorney General of the Colony of Virginia the next year.
He served several terms in the Virginia House of Burgesses, beginning in 1748. It was Randolph's dual roles as attorney general and as burgess that would lead to an extraordinary conflict of interest in 1751.
The new governor, Robert Dinwiddie, had imposed a fee for the certification of land patents, which the House of Burgesses strongly objected to. The House selected Peyton Randolph to represent their cause to Crown authorities in London. In his role as attorney general, though, he was responsible for defending actions taken by the governor. Randolph left for London, over the objections of Governor Dinwiddie, and was replaced for a short time as attorney general. He was reinstated on his return at the behest of officials in London, who also recommended the Governor drop the new fee.
In 1765 Randolph found himself at odds with a freshman burgess, Patrick Henry, over the matter of a response to the Stamp Act. The House appointed Randolph to draft objections to the act, but his more conservative plan was trumped when Henry obtained passage of five of his seven Virginia Stamp Act Resolutions. This was accomplished at a meeting of the House in which most of the members were absent, and over which Randolph was presiding in the absence of the Speaker.
Randolph resigned as attorney general in 1766. As friction between Britain and the colonies progressed, he became more in favor of independence. In 1769 the House of Burgesses was dissolved by the Governor in response to its actions against the Townshend Acts. Randolph had been Speaker at the time. Afterwards, he chaired meetings of a group of former House members at a Williamsburg tavern, which worked toward responses to the unwelcome tax measures imposed by the British government.
Continental Congress and later life
Randolph was elected as presiding officer in both the First and Second Continental Congresses, in large part due to his reputation for leadership while in the House of Burgesses. He did not, however, live to see American independence; Randolph died in Philadelphia, and was buried at Christ Church. He was later re-interred at the College of William and Mary chapel.
Randolph County, North Carolina, formed in 1779, and two United States Navy ships called USS Randolph were named in his honor, as is the Peyton Randolph elementary school in Arlington, Virginia.
Randolph's house survives and is a U.S. National Historic Landmark. Known as Peyton Randolph House, it is shown to the public as part of the Colonial Williamsburg complex.
Family ties
- His nephew, Edmund Randolph, became the first United States Attorney General.
- His wife was the sister of Benjamin Harrison V.
- His first cousin once removed was President Thomas Jefferson. Jefferson's daughter Martha Jefferson Randolph's husband Thomas Mann Randolph was a descendant of Peyton's uncle Richard Randolph and his wife Jane Bolling, a descendant of Pocahontas.
- His first cousin twice removed was Supreme Court Justice John Marshall.
- His niece Lucy Grymes married Virginia Governor Thomas Nelson Jr. Her first cousin once removed, also named Lucy Grymes, married Henry Lee II (who was in fact Peyton Randolph's first cousin once removed), and was the mother of Henry "Light Horse Harry" Lee, who was the father of Confederate General Robert Edward Lee.
- He is also related to the Confederate Generals Fitzhugh Lee, Edmund Jennings Lee, Nelson Pendelton Lee, and Richard L. Page; and to US Admiral Samuel P. Lee.
- Confederate General John Pegram married Hetty Cary, a cousin to the Randolphs.
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Henry Middleton |
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Henry Middleton (1717-1784) - Served October 22, 1774 to October 26, 1774 In 1741, Henry Middleton married Mary Williams, only daughter and heiress of John Williams, a wealthy landowner, Justice of the Peace and member of the Assembly. Mary's dowry included the house and plantation that he and Mary named Middleton Place. Here, rather than at The Oaks, they made their home. Henry Middleton was one of the most influential political leaders of his time. He held a number of high offices, was Speaker of the Commons, Commissioner for Indian Affairs, and a member of the Governor's Council until he resigned his seat in 1770 to become a leader of the opposition to British policy. He was chosen to represent South Carolina in the First Continental Congress and on October 22, 1774, was elected its President in the absence of Peyton Randolph. By this time, Henry was among the wealthiest landholders in South Carolina with more than 50,000 acres and approximately 800 slaves. For the last twenty-three years of his life he lived at his earlier home, The Oaks, returning there after the death of his wife Mary in 1761. Henry twice remarried, but his five sons and seven daughters were all children of his first wife. He relinquished Middleton Place to Arthur, his eldest son and heir.
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Henry Middleton
Henry Middleton (1717– June 13, 1784) of South Carolina was the second President of the Continental Congress from October 22, 1774, until Peyton Randolph was able to resume his duties briefly beginning on May 10, 1775. His father was Acting South Carolina Governor (1725-1730) Arthur Middleton (1681-1737).
While a delegate to the Continental Congress, Middleton resigned in order to prepare for the coming war. He was succeeded by his son Arthur Middleton (1742-1787), who went on to sign the United States Declaration of Independence.
Arthur's son, also named Henry (1770-1846), had a long career in politics. He was Governor of South Carolina (1810-1812), U.S. Representative (1815-1819), and the Minister to Russia (1820-1830).
Several of Henry's other children married well:
- Hester was married to S.C. Lt. Governor Charles Drayton {See below}-grandson of South Carolina Governor William Bull. {Federal Judge William Drayton, Sr. was father of Charles Drayton and Congressman William Drayton; the Drayton brothers were cousins of Congressman William Henry Drayton. W.H. Drayton father of US Navy Captain Percival Drayton and CS General Thomas Fenwick Drayton.
- Mary Polly was married to Congressman Pierce Butler. Mary Butler was the daughter of Col. Thomas Middleton. She was Henry's cousin.
- Henrietta was married to Governor Edward Rutledge.
- Sarah was the first wife of Charles Cotesworth Pinckney. Charles Pinckney's brother Thomas Pinckney's son Thomas Pinckney Jr married Elizabeth Izard, a distant cousin of Congressman Ralph Izard. (Charles and Thomas Pinckney's sister Harriott was married to Daniel Horry, whose daughter married a son of South Carolina Governor John Rutledge. They were thus connected to the Grimké; Huger; Drayton; Laurens families of South Carolina and the Forten family of Philadelphia).
- Thomas married Anne Manigault. Their daughter Esther married Ralph Stead Izard, a distant cousin of South Caroina Congressman Ralph Izard and Alice De Lancey. (Alice was a niece of James DeLancey; James DeLancey's sister Susannah was the wife of Sir Peter Warren (Admiral). James DeLancey's daughter Anne was a wife of loyalist Thomas Jones (historian)). Another daughter, Elizabeth Middleton, was married to Ralph DeLancey Izard, son of Congressman Ralph Izard.
(Note: Joseph, a brother of Anne Manigault, was first married to a daughter of Arthur Middleton and Mary Izard; by Joseph Manigault's second marriage to Charlotte Drayton he was the father of Confederate General Arthur Middleton Manigault (1824-1886), whose wife was a cousin 1st removed of Confederate General Benjamin Huger. Charlotte Drayton was the daughter of Charles Drayton and Hester Middleton
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John Hancock |
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John Hancock (1737 - 1793) - Served May 24, 1775 to October 29, 1777, and again from November 23, 1885 to June 5, 1786.
The third president was a patriot, rebel leader, merchant who signed his name into immortality in giant strokes on the Declaration of Independence on July 4, 1776. The boldness of his signature has made it live in American minds as a perfect expression of the strength and freedom - and defiance - of the individual in the face of British tyranny. As President of the Continental Congress during two widely spaced terms - the first from May 24 1775 to October 30 1777 and elected the second time from November 23 1885 to May 29, 1786, never having served due to continued illness
Hancock was the presiding officer when the members approved the Declaration of Independence. Because of his position, it was his official duty to sign the document first - but not necessarily as dramatically as he did. Hancock figured prominently in another historic event - the battle at Lexington: British troops who fought there April 10, 1775, had known Hancock and Samuel Adams were in Lexington and had come there to capture these rebel leaders.
And the two would have been captured, if they had not been warned by Paul Revere. As early as 1768, Hancock defied the British by refusing to pay customs charges on the cargo of one of his ships. One of Boston's wealthiest merchants, he was recognized by the citizens, as well as by the British, as a rebel leader - and was elected President of the first Massachusetts Provincial Congress. After he was chosen President of the Continental Congress in 1775, Hancock became known beyond the borders of Massachusetts, and, having served as colonel of the Massachusetts Governor's Guards he hoped to be named commander of the American forces - until John Adams nominated George Washington. In 1778 Hancock was commissioned Major General and took part in an unsuccessful campaign in Rhode Island. But it was as a political leader that his real distinction was earned - as the first Governor of Massachusetts, as President of Congress, and as President of the Massachusetts constitutional ratification convention. He helped win ratification in Massachusetts, gaining enough popular recognition to make him a contender for the newly created Presidency of the United States, but again he saw Washington gain the prize. Like his rival, George Washington, Hancock was a wealthy man who risked much for the cause of independence. He was the wealthiest New Englander supporting the patriotic cause, and, although he lacked the brilliance of John Adams or the capacity to inspire of Samuel Adams, he became one of the foremost leaders of the new nation - perhaps, in part, because he was willing to commit so much at such risk to the cause of freedom
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John Hancock
John Hancock |
Portrait by John Singleton Copley, c. 1770–72, Massachusetts Historical Society |
President of the Massachusetts Provincial Congress
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In office 1774 – 1775 |
President of the Continental Congress
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In office May 24, 1775 – October 31, 1777 |
1st and 3rd Governor of Massachusetts
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In office October 25, 1780 – January 29, 1785 May 30, 1787 – October 8, 1793 |
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Born |
January 23, 1737(1737-01-23) Quincy, Massachusetts |
Died |
October 8, 1793 (aged 56) Quincy, Massachusetts |
Spouse(s) |
Dorothy Quincy |
Signature |
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John Hancock (January 23, 1737 – October 8, 1793) was a merchant, statesman, and prominent Patriot of the American Revolution. He served as president of the Second Continental Congress and was the first governor of the Commonwealth of Massachusetts. He is remembered for his large and stylish signature on the United States Declaration of Independence, so much so that "John Hancock" became, in the United States, a synonym for "signature".
Before the American Revolution, Hancock was one of the wealthiest men in the Thirteen Colonies, having inherited a profitable shipping business from his uncle. Hancock began his political career in Boston as a protégé of Samuel Adams, an influential local politician, though the two men would later become estranged. As tensions between colonists and Great Britain increased in the 1760s, Hancock used his wealth to support the colonial cause. He became very popular in Massachusetts, especially after British officials seized his sloop Liberty in 1768 and charged him with smuggling. Although the charges against Hancock were eventually dropped, he has often been described as a smuggler in historical accounts, but the accuracy of this characterization has been questioned.
Hancock was one of Boston's leaders during the crisis that led to the outbreak of the American Revolutionary War in 1775. He served more than two years in the Continental Congress in Philadelphia, and as president of Congress was the first to sign the Declaration of Independence. Hancock returned to Massachusetts and was elected as governor of the Commonwealth for most of his remaining years. He used his influence to ensure that Massachusetts ratified the United States Constitution in 1788.
Early life
John Hancock was born on January 23, 1737; according to the Old Style calendar then in use, the date was January 12, 1736. His birthplace was Braintree, Massachusetts, in a part of town which eventually became the separate city of Quincy. He was the son of the Reverend John Hancock of Braintree and Mary Hawke Thaxter, who was from nearby Hingham. As a child, Hancock became a casual acquaintance of young John Adams, whom the Reverend Hancock had baptized in 1734. The Hancocks lived a comfortable life, and owned one slave to help with household work.
After Hancock's father died in 1744, John was sent to live with his uncle and aunt, Thomas Hancock and Lydia (Henchman) Hancock. Thomas Hancock was the proprietor of a firm known as the House of Hancock, which imported manufactured goods from Britain and exported rum, whale oil, and fish. Thomas Hancock's highly successful business made him one of Boston's richest and best-known residents. He and Lydia lived in Hancock Manor on Beacon Hill, an imposing estate with several servants and slaves. The couple, who did not have any children of their own, became the dominant influence on John's life.
After graduating from the Boston Latin School in 1750, Hancock enrolled in Harvard University and received a bachelors degree in 1754. Upon graduation, he began to work for his uncle, just as the French and Indian War (1754–1763) had begun. Thomas Hancock had close relations with the royal governors of Massachusetts, and secured profitable government contracts during the war. John Hancock learned much about his uncle's shipping business during these years, and was trained for eventual partnership in the firm. Hancock worked hard, but he also enjoyed playing the role of a wealthy aristocrat, and developed a fondness for expensive clothes.
From 1760 to 1761, Hancock lived in England while building relationships with customers and suppliers. Back in Boston, Hancock gradually took over the House of Hancock as his uncle's health failed, becoming a full partner in January 1763. He became a member of the Masonic Lodge of St. Andrew in October 1762, which connected him with many of Boston's most influential citizens. When Thomas Hancock died in August 1764, John inherited the business, Hancock Manor, two or three household slaves, and thousands of acres of land, becoming one of the wealthiest men in the colonies. The household slaves continued to work for John and his aunt, but were eventually freed through the terms of Thomas Hancock's will; there is no evidence that John Hancock ever bought or sold slaves.
Growing imperial tensions
After its victory in the Seven Years' War (1756–1763), the British Empire was deep in debt. Looking for new sources of revenue, the British Parliament sought, for the first time, to directly tax the colonies, beginning with the Sugar Act of 1764. The act provoked outrage in Boston, where it was widely viewed as a violation of colonial rights. Men such as James Otis and Samuel Adams argued that because the colonists were not represented in Parliament, they could not be taxed by that body; only the colonial assemblies, where the colonists were represented, could levy taxes upon the colonies. Hancock was not yet a political activist, however: he criticized the tax for economic, rather than constitutional, reasons.
Around 1772, Hancock commissioned John Singleton Copley to paint this portrait of Samuel Adams, Hancock's early political mentor.
Hancock emerged as a leading political figure in Boston just as tensions with Great Britain were increasing. In March 1765, he was elected as one of Boston's five selectmen, an office previously held by his uncle for many years. Soon after, Parliament passed the 1765 Stamp Act, a wildly unpopular measure in the colonies that produced riots and organized resistance. Hancock initially took a moderate position: as a loyal British subject, he thought that the colonists should submit to the act, even though he believed that Parliament was misguided. Within a few months, Hancock had changed his mind, although he continued to disapprove of violence and the intimidation of royal officials by mobs. Hancock joined the resistance to the Stamp Act by participating in a boycott of British goods, which made him popular in Boston. After Bostonians learned of the impending repeal of the Stamp Act, Hancock was elected to the Massachusetts House of Representatives in May 1766.
Hancock's political success benefited from the support of Samuel Adams, the clerk of the House of Representatives and a leader of Boston's "popular party", also known as "Whigs" and later as "Patriots". The two men made an unlikely pair. Fifteen years older than Hancock, Adams had a somber, Puritan outlook that stood in marked contrast to Hancock's taste for luxury and extravagance. Some traditional stories suggest that Adams masterminded Hancock's political ascendancy so that the merchant's great wealth could be used to further Adams's agenda. In some of these tales, Hancock is portrayed as shallow and vain, easily manipulated by Adams. In other versions, Hancock is moderate and reasonable, while Adams is radical and dangerous. Historian William M. Fowler, who wrote biographies of both men, argued that these stories contain a grain of truth, but are mostly folklore. Fowler characterized the relationship between the two as symbiotic, with Adams as the mentor and Hancock the protégé.
Townshend Acts crisis
After the repeal of the Stamp Act, Parliament took a different approach to raising revenue, passing the 1767 Townshend Acts, which established new duties on various imports and strengthened the customs agency by creating the American Customs Board. The British government believed that a more efficient customs system was necessary because many colonial American merchants had been smuggling. Smugglers violated the Navigation Acts by trading with ports outside of the British Empire and avoiding import taxes. Parliament hoped that the new system would reduce smuggling and generate revenue for the government.
Colonial merchants, even those not involved in smuggling, found the new regulations oppressive. Other colonists protested that new duties were another attempt by Parliament to tax the colonies without their consent. Hancock joined other Bostonians in calling for a boycott of British imports until the Townshend duties were repealed. In their enforcement of the customs regulations, the Customs Board targeted Hancock, Boston's wealthiest Whig. They may have suspected that he was a smuggler, or they may have wanted to harass him because of his politics, especially after Hancock snubbed Governor Francis Bernard by refusing to attend public functions when the customs officials were present.
On April 9, 1768, two customs employees (called tidesmen) boarded Hancock's brig Lydia in Boston Harbor. Hancock was summoned, and finding that the agents lacked a writ of assistance (a general search warrant), did not allow them to go below deck. When one of them later managed to get into the hold, Hancock's men forced the tidesman back on deck. Customs officials wanted to file charges, but the case was dropped when Massachusetts Attorney General Jonathan Sewell ruled that Hancock had broken no laws. Later, some of Hancock's most ardent admirers would call this incident the first act of physical resistance to British authority in the colonies and credit Hancock with initiating the American Revolution.
Liberty affair
The next incident proved to be a major event in the coming of the American Revolution. On the evening of May 9, 1768, Hancock's sloop Liberty arrived in Boston Harbor, carrying a shipment of Madeira wine. When custom officers inspected the ship the next morning, they found that it contained 25 pipes of wine, just one fourth of the ship's carrying capacity. Hancock paid the duties on the 25 pipes of wine, but officials suspected that he had arranged to have additional pipes of wine unloaded during the night to avoid paying the duties for the entire cargo. They did not have any evidence to prove this, however, since the two tidesmen who had stayed on the ship over night gave a sworn statement that nothing had been unloaded.
Portrait of Hancock by John Singleton Copley, c. 1765
One month later, while the British warship HMS Romney was in port, one of the tidesmen changed his story: he now claimed that he had been forcibly held on the Liberty while it had been illegally unloaded. On June 10, customs officials seized the Liberty, which had since been loaded with new cargo, and towed it out to the Romney. Bostonians, already angry because the captain of the Romney had been impressing sailors in Boston Harbor, began to riot. The next day, customs officials, claiming that they were unsafe in town, relocated to the Romney, and then to Castle William, an island fort in the harbor.
Hancock was involved in two lawsuits stemming from the Liberty incident: an in rem suit against the ship, and an in personam suit against himself. As was the custom, any penalties assessed by the court would be awarded to the governor, the informer, and the Crown, each getting a third. The first suit, filed on June 22, 1768, resulted in the confiscation of the Liberty in August. Customs officials then used the ship to enforce trade regulations until it was burned by angry colonists in Rhode Island the following year.
The second trial began in October 1768, when charges were filed against Hancock and five others for allegedly unloading 100 pipes of wine from the Liberty without paying the duties. If convicted, the defendants would have had to pay a penalty of triple the value of the wine, which came to £9,000. With John Adams serving as his lawyer, Hancock was prosecuted in a highly publicized trial by a vice admiralty court, which had no jury and did not always allow the defense to cross-examine the witnesses. After dragging out for nearly five months, the proceedings against Hancock were dropped without explanation.
The Liberty incident created two popular images of Hancock: supporters celebrated him as a martyr to the Patriot cause, while critics portrayed him as a scheming smuggler. Historians have been similarly divided. "Hancock's guilt or innocence and the exact charges against him", wrote historian John W. Tyler in 1986, "are still fiercely debated." Historian Oliver Dickerson argued that Hancock was the victim of an essentially criminal racketeering scheme perpetrated by Governor Bernard and the customs officials. Dickerson believed that there is no reliable evidence that Hancock was guilty in the Liberty case, and that the purpose of the trials was to punish Hancock for political reasons and to plunder his property. Opposed to Dickerson's interpretation were Kinvin Wroth and Hiller Zobel, the editors of John Adams's legal papers, who argued that "Hancock's innocence is open to question", and that the British officials acted legally, if unwisely.
Aside from the Liberty affair, the degree to which Hancock was engaged in smuggling, which was widespread in the colonies, has been questioned. Given the clandestine nature of smuggling, records are naturally scarce. If Hancock was a smuggler, no documentation of this has been found. John W. Tyler identified 23 smugglers in his study of more than 400 merchants in revolutionary Boston, but found no written evidence that Hancock was one of them. Biographer William Fowler concluded that while Hancock was probably engaged in some smuggling, most of his business was legitimate, and his reputation as the "king of the colonial smugglers" is a myth without foundation.
Massacre to Tea Party
Paul Revere's 1768 engraving of British troops arriving in Boston was reprinted throughout the colonies.
The Liberty affair reinforced a previously made British decision to suppress unrest in Boston with a show of military might. The decision had been prompted by Samuel Adams's 1768 Circular Letter, which was sent to other British American colonies in hopes of coordinating resistance to the Townshend Acts. Lord Hillsborough, secretary of state for the colonies, sent four regiments of the British Army to Boston to support embattled royal officials, and instructed Governor Bernard to order the Massachusetts legislature to revoke the Circular Letter. Hancock and the Massachusetts House voted against rescinding the letter, and instead drew up a petition demanding Governor Bernard's recall. When Bernard returned to England in 1769, Bostonians celebrated.
The British troops remained, however, and tensions between soldiers and civilians eventually resulted in the killing of five civilians in the so-called Boston Massacre of March 1770. Hancock was not involved in the incident, but afterwards he led a committee to demand the removal of the troops. Meeting with Bernard's successor, Governor Thomas Hutchinson, and the British officer in command, Colonel William Dalrymple, Hancock claimed that there were 10,000 armed colonists ready to march into Boston if the troops did not leave. Hutchinson knew that Hancock was bluffing, but the soldiers were in a precarious position when garrisoned within the town, and so Dalrymple agreed to remove both regiments to Castle William. Hancock was celebrated as a hero for his role in getting the troops withdrawn. His reelection to the Massachusetts House in May was nearly unanimous.
This portrait of Hancock was published in England in 1775.
After Parliament partially repealed the Townshend duties in 1770, Boston's boycott of British goods ended. Politics became quieter in Massachusetts, although tensions remained. Hancock tried to improve his relationship with Governor Hutchinson, who in turn sought to woo Hancock away from Adams's influence. In April 1772, Hutchinson approved Hancock's election as colonel of the Boston Cadets, a militia unit whose primary function was to provide a ceremonial escort for the governor and the General Court. In May, Hutchinson even approved of Hancock's election to the Council, the upper chamber of the General Court, whose members were elected by the House but subject to veto by the governor. Hancock's previous elections to the Council had been vetoed, but now Hutchinson allowed the election to stand. Hancock declined the office, however, not wanting to appear to have been co-opted by the governor. Nevertheless, Hancock used the improved relationship to resolve an ongoing dispute. To avoid hostile crowds in Boston, Hutchinson had been convening the legislature outside of town; now he agreed to allow the General Court to sit in Boston once again, to the relief of the legislators.
Hutchinson had dared to hope that he could win over Hancock and discredit Adams. To some, it seemed that Adams and Hancock were indeed at odds: when Adams formed the Boston Committee of Correspondence in November 1772 to advocate colonial rights, Hancock declined to join, creating the impression that there was a split in the Whig ranks. But whatever their differences, Hancock and Adams came together again in 1773 with the renewal of major political turmoil. They cooperated in the revelation of private letters of Thomas Hutchinson, in which the governor seemed to recommend "an abridgement of what are called English liberties" to bring order to the colony. The Massachusetts House, blaming Hutchinson for the military occupation of Boston, called for his removal as governor.
Even more trouble followed Parliament's passage of the 1773 Tea Act. On November 5, Hancock was elected as moderator at a Boston town meeting that resolved that anyone who supported the Tea Act was an "Enemy to America". Hancock and others tried to force the resignation of the agents who had been appointed to receive the tea shipments. Unsuccessful in this, they attempted to prevent the tea from being unloaded after three tea ships had arrived in Boston Harbor. Hancock was at the fateful meeting on December 16, where he reportedly told the crowd, "Let every man do what is right in his own eyes." Hancock did not take part in the Boston Tea Party that night, but he approved of the action, although he was careful not to publicly praise the destruction of private property.
Over the next few months, Hancock was disabled by gout, which would trouble him with increasing frequency in the coming years. By March 5, 1774, he had recovered enough to deliver the fourth annual Massacre Day oration, a commemoration of the Boston Massacre. Hancock's speech denounced the presence of British troops in Boston, who he said had been sent there "to enforce obedience to acts of Parliament, which neither God nor man ever empowered them to make". The speech, probably written by Hancock in collaboration with Adams, Joseph Warren, and others, was published and widely reprinted, enhancing Hancock's stature as a leading Patriot.
Revolution begins
Parliament responded to the Tea Party with the Boston Port Act, one of the so-called Coercive Acts intended to strengthen British control of the colonies. Hutchinson was replaced as governor by General Thomas Gage, who arrived in May 1774. On June 17, the Massachusetts House elected five delegates to send to the First Continental Congress in Philadelphia, which was being organized to coordinate colonial response to the Coercive Acts. Hancock did not serve in the first Congress, possibly for health reasons, or possibly to remain in charge while the other Patriot leaders were away.
Gage soon dismissed Hancock from his post as colonel of the Boston Cadets. In October 1774, Gage canceled the scheduled meeting of the General Court. In response, the House resolved itself into the Massachusetts Provincial Congress, a body independent of British control. Hancock was elected as president of the Provincial Congress and was a key member of the Committee of Safety. The Provincial Congress created the first minutemen companies, consisting of militiamen who were to be ready for action on a moment's notice. A revolution had begun.
Wary of returning to Boston, Hancock was staying at this house in Lexington when the Revolutionary War began.
On December 1, 1774, the Provincial Congress elected Hancock as a delegate to the Second Continental Congress to replace James Bowdoin, who had been unable to attend the first Congress because of illness. Before Hancock reported to the Continental Congress in Philadelphia, the Provincial Congress unanimously reelected him as their president in February 1775. Hancock's multiple roles gave him enormous influence in Massachusetts, and as early as January 1774 British officials had considered arresting him. After attending the Provincial Congress in Concord in April 1775, Hancock and Samuel Adams decided that it was not safe to return to Boston before leaving for Philadelphia. They stayed instead at Hancock's childhood home in Lexington.
On April 14, 1775, Gage received a letter from Lord Dartmouth advising him "to arrest the principal actors and abettors in the Provincial Congress whose proceedings appear in every light to be acts of treason and rebellion". On the night of April 18, Gage sent out a detachment of soldiers on the fateful mission that would spark the American Revolutionary War. The purpose of the British expedition was to seize and destroy military supplies that the colonists had stored in Concord. According to many historical accounts, Gage also instructed his men to arrest Hancock and Adams, but, as historian John Alden pointed out in 1944, the written orders issued by Gage made no mention of arresting the Patriot leaders. Gage apparently decided that he had nothing to gain by arresting Hancock and Adams, since other leaders would simply take their place, and the British would be portrayed as the aggressors.
Although Gage had evidently decided against seizing Hancock and Adams, Patriots initially believed otherwise. From Boston, Joseph Warren dispatched messenger Paul Revere to warn Hancock and Adams that British troops were on the move and might attempt to arrest them. Revere reached Lexington around midnight and gave the warning. Hancock, still considering himself a militia colonel, wanted to take the field with the Patriot militia at Lexington, but Adams and others convinced him to avoid battle, arguing that he was more valuable as a political leader than as a soldier. As Hancock and Adams made their escape, the first shots of the war were fired at Lexington and Concord. Soon after the battle, Gage issued a proclamation granting a general pardon to all who would "lay down their arms, and return to the duties of peaceable subjects"—with the exceptions of Hancock and Samuel Adams. Singling out Hancock and Adams in this manner only added to their renown among Patriots.
President of Congress
Dorothy Quincy, by John Singleton Copley, c. 1772
With the war underway, Hancock made his way to the Continental Congress in Philadelphia with the other Massachusetts delegates. On May 24, 1775, he was unanimously elected President of the Continental Congress, succeeding Peyton Randolph after Henry Middleton declined the nomination. Hancock was a good choice for president for several reasons. He was experienced, having often presided over legislative bodies and town meetings in Massachusetts. His wealth and social standing inspired the confidence of moderate delegates, while his association with Boston radicals made him acceptable to other radicals. His position was somewhat ambiguous, because the role of the president was not fully defined, and it was not clear if Randolph had resigned or was on a leave of absence. Like other presidents of Congress, Hancock's authority was limited to that of a presiding officer. He also had to handle a great deal of official correspondence, and he found it necessary to hire clerks at his own expense to help with the paperwork. In Congress on June 15, 1775, Massachusetts delegate John Adams nominated George Washington as commander in chief of the army then gathered around Boston. Many years later, Adams wrote that Hancock had shown great disappointment at not getting the command for himself. If true, Hancock did not let his disappointment interfere with his duties, and he always showed admiration and support for General Washington, even though Washington politely declined Hancock's request for a military appointment.
When Congress recessed on August 1, 1775, Hancock took the opportunity to wed his fiancée, Dorothy "Dolly" Quincy. The couple was married on August 28 in Fairfield, Connecticut John and Dorothy would have two children, neither of whom survived to adulthood. Their daughter Lydia Henchman Hancock was born in 1776 and died ten months later. Their son John George Washington Hancock was born in 1778 and died in 1787 after falling down and hitting his head while ice skating.
Hancock served in Congress through some of the darkest days of the Revolutionary War. The British drove Washington from New York and New Jersey in 1776, which prompted Congress to flee to Baltimore, Maryland. Hancock and Congress returned to Philadelphia in March 1777, but were compelled to flee six months later when the British occupied Philadelphia. Hancock wrote innumerable letters to colonial officials, raising money, supplies, and troops for Washington's army. He chaired the Marine Committee, and took pride in helping to create a small fleet of American frigates, including the USS Hancock, which was named in his honor.
Signing the Declaration
Hancock was president of Congress when the Declaration of Independence was adopted and signed. He is primarily remembered by Americans for his large, flamboyant signature on the Declaration, so much so that "John Hancock" became, in the United States, an informal synonym for signature. According to legend, Hancock signed his name largely and clearly so that King George could read it without his spectacles, but this fanciful story did not appear until many years later.
Hancock's signature as it appears on the engrossed copy of the Declaration of Independence
Contrary to popular mythology, there was no ceremonial signing of the Declaration on July 4, 1776. After Congress approved the wording of the text on July 4, a copy was sent to be printed. As president, Hancock may have signed the document that was sent to the printer, but this is uncertain because that document is lost, perhaps destroyed in the printing process. The printer produced the first published version of the Declaration, the widely distributed Dunlap broadside. Hancock, as President of Congress, was the only delegate whose name appeared on the broadside, which meant that until a second broadside was issued six months later with all of the signers listed, Hancock was the only delegate whose name was publicly attached to the treasonous document. Hancock sent a copy of the Dunlap broadside to George Washington, instructing him to have it read to the troops "in the way you shall think most proper".
Hancock's name was printed, not signed, on the Dunlap broadside; his iconic signature appears on a different document—a sheet of parchment that was carefully handwritten sometime after July 19 and signed on August 2 by Hancock and those delegates present. Known as the engrossed copy, this is the famous document on display at the National Archives in Washington, D.C.
Return to Massachusetts
In John Trumbull's famous painting The Declaration of Independence, Hancock, as presiding officer, is seated on the right as the drafting committee presents their work.
In October 1777, after more than two years in Congress, President Hancock requested a leave of absence. He asked George Washington to arrange a military escort for his return to Boston. Although Washington was short on manpower, he nevertheless sent fifteen horsemen to accompany Hancock on his journey home. By this time Hancock had become estranged from Samuel Adams, who disapproved of what he viewed as Hancock's vanity and extravagance, which Adams believed were inappropriate in a republican leader. When Congress voted to thank Hancock for his service, Adams and the other Massachusetts delegates voted against the resolution, as did a few delegates from other states.
Back in Boston, Hancock was reelected to the House of Representatives. As in previous years, his philanthropy made him popular. Although his finances had suffered greatly because of the war, he gave to the poor, helped support widows and orphans, and loaned money to friends. According to biographer William Fowler, "John Hancock was a generous man and the people loved him for it. He was their idol." In December 1777, he was reelected as a delegate to the Continental Congress and as moderator of the Boston town meeting
Hancock rejoined the Continental Congress in Pennsylvania in June 1778, but his brief time there was unhappy. In his absence, Congress had elected Henry Laurens as its new president, which was a disappointment to Hancock, who had hoped to reclaim his chair. Hancock got along poorly with Samuel Adams, and missed his wife and newborn son. On July 9, 1778, Hancock and the other Massachusetts delegates joined the representatives from seven other states in signing the Articles of Confederation; the remaining states were not yet prepared to sign, and the Articles would not be ratified until 1781.
Hancock returned to Boston in July 1778, motivated by the opportunity to finally lead men in combat. Back in 1776, he had been appointed as the senior major general of the Massachusetts militia. Now that the French fleet had come to the aid of the Americans, General Washington instructed General John Sullivan of the Continental Army to lead an attack on the British garrison at Newport, Rhode Island, in August 1778. Hancock nominally commanded 6,000 militiamen in the campaign, although he let the professional soldiers do the planning and issue the orders. It was a fiasco: French Admiral d'Estaing abandoned the operation, after which Hancock's militia mostly deserted Sullivan's Continentals. Hancock suffered some criticism for the debacle but emerged from his brief military career with his popularity intact.
After much delay, the new Massachusetts Constitution finally went into effect in October 1780. To no one's surprise, Hancock was elected Governor of Massachusetts in a landslide, winning over 90% of the vote. He governed Massachusetts through the end of the Revolutionary War and into an economically troubled postwar period. Hancock took a hands-off approach to governing, avoiding controversial issues as much as possible. According to William Fowler, Hancock "never really led" and "never used his strength to deal with the critical issues confronting the commonwealth".
Hancock was easily reelected to annual terms as governor, until his surprise resignation on January 29, 1785. Hancock cited his failing health as the reason, but he may also have been aware of growing unrest in the countryside and wanted to get out of office before the trouble came. Hancock's critics often suspected that he suffered from "political gout", which is when an official allegedly uses an illness to avoid a difficult political situation. The turmoil that Hancock avoided became known as Shays' Rebellion, which Hancock's successor James Bowdoin had to deal with. After the uprising, Hancock was reelected in 1787, and he promptly pardoned all the rebels. Hancock was reelected to annual terms as governor for the remainder of his life.
Final years
Hancock's memorial in Boston's Granary Burying Ground, erected in 1896.
When he had resigned as governor in 1785, Hancock was again elected as a delegate to the Continental Congress, known as the Confederation Congress after the ratification of the Articles of Confederation in 1781. Congress had declined in importance after the Revolutionary War, and was frequently ignored by the states. Congress elected Hancock to serve as its president, but he never attended because of his poor health and because he was not interested. He sent Congress a letter of resignation in 1786.
In 1787, in an effort to remedy the perceived defects of the Articles of Confederation, delegates met at the Philadelphia Convention and drafted the United States Constitution, which was then sent to the states for ratification or rejection. Hancock, who was not present at the Philadelphia Convention, had misgivings about the new Constitution's lack of a bill of rights and its shift of power to a central government. In January 1788, Hancock was elected president of the Massachusetts ratifying convention, although he was ill and not present when the convention began. Hancock mostly remained silent during the contentious debates, but as the convention was drawing to close, he gave a speech in favor of ratification. For the first time in years, Samuel Adams supported Hancock's position. Even with the support of Hancock and Adams, the Massachusetts convention narrowly ratified the Constitution by a vote of 187 to 168. Hancock's support was probably a deciding factor in the ratification.
Hancock was put forth as a candidate in the 1789 U. S. presidential election. As was the custom in an era where political ambition was viewed with suspicion, Hancock did not campaign or even publicly express interest in the office; he instead made his wishes known indirectly. Like everyone else, Hancock knew that George Washington was going to be elected as the first president, but Hancock may have been interested in being vice president, despite his poor health. Hancock received only four electoral votes in the election, however, none of them from his home state; the Massachusetts electors all voted for another native son, John Adams, who became the vice president. Hancock was disappointed with his poor showing, but he remained as popular as ever in Massachusetts.
His health failing, Hancock spent his final few years as essentially a figurehead governor. With his wife at his side, he died in bed on October 8, 1793, at fifty-six years of age. By order of acting governor Samuel Adams, the day of Hancock's burial was a state holiday; the lavish funeral was perhaps the grandest given to an American up to that time.
Legacy
Hancock's famous signature on the stern of the destroyer USS John Hancock
Many places and things in the United States have been named in honor of John Hancock. The U.S. Navy has named vessels USS Hancock and USS John Hancock; a World War II Liberty ship was also named in his honor. Ten states have a Hancock County named for him; other places named after him include Hancock, Massachusetts; Hancock, Michigan; Hancock, New York; and Mount Hancock in New Hampshire. The John Hancock Insurance company, founded in Boston in 1862, was also named for him; it had no connection to Hancock's own business ventures. The insurance company has passed on the name to famous office buildings such as the John Hancock Tower in Boston and the John Hancock Center in Chicago, and the John Hancock Student Village at Boston University.
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- John Hancock at the Biographical Directory of the United States Congress
Political offices |
Preceded by none |
President of the Massachusetts Provincial Congress 1774 – 1775 |
Succeeded by Joseph Warren |
Preceded by Peyton Randolph |
President of the Continental Congress May 24, 1775 – October 31, 1777 |
Succeeded by Henry Laurens |
Preceded by William Howe (Provincial governor) |
Governor of Massachusetts October 25, 1780 – January 29, 1785 |
Succeeded by Thomas Cushing (acting) |
Preceded by James Bowdoin |
Governor of Massachusetts May 30, 1787 – October 8, 1793 |
Succeeded by Samuel Adams |
Political offices |
Preceded by none |
President of the Massachusetts Provincial Congress 1774 – 1775 |
Succeeded by Joseph Warren |
Preceded by Peyton Randolph |
President of the Continental Congress May 24, 1775 – October 31, 1777 |
Succeeded by Henry Laurens |
Preceded by William Howe (Provincial governor) |
Governor of Massachusetts October 25, 1780 – January 29, 1785 |
Succeeded by Thomas Cushing (acting) |
Preceded by James Bowdoin |
Governor of Massachusetts May 30, 1787 – October 8, 1793 |
Succeeded by Samuel Adams |
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Presidents of the Continental Congress |
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First Continental Congress |
Peyton Randolph · Henry Middleton |
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Second Continental Congress |
Peyton Randolph · John Hancock · Henry Laurens · John Jay · Samuel Huntington |
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Confederation Congress |
Samuel Huntington · Thomas McKean · John Hanson · Elias Boudinot · Thomas Mifflin · Richard Henry Lee · John Hancock1 · David Ramsay · Nathaniel Gorham · Nathaniel Gorham · Arthur St. Clair · Cyrus Griffin |
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Signers of the Declaration of Independence |
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J. Adams • S. Adams • Bartlett • Braxton • Carroll • Chase • Clark • Clymer • Ellery • Floyd • Franklin • Gerry • Gwinnett • Hall • Hancock • Harrison • Hart • Hewes • Heyward • Hooper • Hopkins • Hopkinson • Huntington • Jefferson • F. Lee • R. Lee • Lewis • Livingston • Lynch • McKean • Middleton • L. Morris • R. Morris • Morton • Nelson • Paca • Paine • Penn • Read • Rodney • Ross • Rush • Rutledge • Sherman • Smith • Stockton • Stone • Taylor • Thornton • Walton • Whipple • Williams • Wilson • Witherspoon • Wolcott • Wythe |
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Signers of the Articles of Confederation |
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A. Adams · S. Adams · T. Adams · Banister · Bartlett · Carroll · Clingan · Collins · Dana · Dickinson · Drayton · Duane · Duer · Ellery · Gerry · Hancock · Hanson · Harnett · Harvie · Heyward · Holten · Hosmer · Huntington · Hutson · Langworthy · Laurens · F. Lee · R. Lee · Lewis · Lovell · Marchant · Mathews · McKean · G. Morris · R. Morris · Penn · Reed · Roberdeau · Scudder · Sherman · Smith · Telfair · Van Dyke · Walton · Wentworth · Williams · Witherspoon · Wolcott |
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Governors of Massachusetts |
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Colony |
Endecott · Winthrop · T. Dudley · Haynes · Vane · Winthrop · T. Dudley · Bellingham · Winthrop · Endecott · T. Dudley · Winthrop · Endecott · T. Dudley · Endecott · Bellingham · Endecott · Bellingham · Leverett · Bradstreet |
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Dominion (1686–1689) |
J. Dudley · Andros · Bradstreet |
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Province (1692–1776) |
W. Phips · Stoughton · Coote · Stoughton · Governor's Council · J. Dudley · Governor's Council · J. Dudley · Tailer · Shute · Dummer · Burnet · Dummer · Tailer · Belcher · Shirley · S. Phips · Shirley · S. Phips · Governor's Council · Pownall · Hutchinson · Bernard · Hutchinson · Gage |
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Commonwealth (since 1776) |
Hancock · Cushing · Bowdoin · Hancock · Adams · Sumner · Gill · Governor's Council · Strong · Sullivan · Lincoln, Sr. · Gore · Gerry · Strong · Brooks · Eustis · Morton · Lincoln, Jr. · Davis · Armstrong · Everett · Morton · Davis · Morton · Briggs · Boutwell · Clifford · E. Washburn · Gardner · Banks · Andrew · Bullock · Claflin · W. Washburn · Talbot · Gaston · Rice · Talbot · Long · Butler · Robinson · Ames · Brackett · Russell · Greenhalge · Wolcott · Crane · Bates · Douglas · Guild · Draper · Foss · Walsh · McCall · Coolidge · Cox · Fuller · Allen · Ely · Curley · Hurley · Saltonstall · Tobin · Bradford · Dever · Herter · Furcolo · Volpe · Peabody · Volpe · Sargent · Dukakis · King · Dukakis · Weld · Cellucci · Swift · Romney · Patrick |
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Henry Laurens |
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Henry Laurens (1724 - 1792) - Served from November 1, 1777 until December 9, 1778. The only American president ever to be held as a prisoner of war by a foreign power, Laurens was heralded after he was released as "the father of our country," by no less a personage than George Washington. He was of Huguenot extraction, his ancestors having come to America from France after the revocation of the Edict of Nantes made the Reformed faith illegal. Raised and educated for a life of mercantilism at his home in Charleston, he also had the opportunity to spend more than a year in continental travel. It was while in Europe that he began to write revolutionary pamphlets - gaining him renown as a patriot. He served as vice-president of South Carolina in1776. He was then elected to the Continental Congress. He succeeded John Hancock as President of the newly independent but war beleaguered United States on November 1, 1777. He served until December 9, 1778 at which time he was appointed Ambassador to the Netherlands. Unfortunately for the cause of the young nation, he was captured by an English warship during his cross-Atlantic voyage and was confined to the Tower of London until the end of the war. After the Battle of Yorktown, the American government regained his freedom in a dramatic prisoner exchange - President Laurens for Lord Cornwallis. Ever the patriot, Laurens continued to serve his nation as one of the three representatives selected to negotiate terms at the Paris Peace Conference in 1782.
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Henry Laurens
Henry Laurens |
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President of the Continental Congress |
In office 1777 – 1778 |
Preceded by |
John Hancock |
Succeeded by |
John Jay |
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Born |
March 6, 1724(1724-03-06) Charleston, South Carolina |
Died |
December 8, 1792 (aged 71) Charleston, South Carolina |
Signature |
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Henry Laurens (March 6, 1724 [O.S. February 24, 1723] – December 8, 1792) was an American merchant and rice planter from South Carolina who became a political leader during the Revolutionary War. A delegate to the Second Continental Congress Laurens succeeded John Hancock as President of the Second Continental Congress. Laurens ran the largest slave trading house in North America. In the 1750s alone, his Charleston firm oversaw the sale of more than 8,000 enslaved Africans. He was for a time Vice-President of South Carolina and a diplomat.
Personal life
Henry was born to John and Esther Grasset Laurens in Charleston, South Carolina. According to the Julian calendar, Laurens was born on February 24, 1723/4; according to the Gregorian calendar, which was adopted in Britain and its colonies during Laurens' lifetime, he was born on March 6, 1724. His father was a saddler and his parents had come to Charles Town as part of the Huguenot immigration, drawn by the promise of religious liberty. His family prospered, and in 1744 Henry went to England where he learned the ways of commerce from a merchant who had formerly lived in Charleston.
Henry returned to Charleston in 1747. He entered the import and export business and became a prosperous merchant, slave trader, and planter. Laurens was the Charleston business agent for the London-based owners of Bunce Island, a British slave castle in the Sierra Leone River in West Africa. Laurens received slave ships arriving in Charleston, advertised the sale of slaves in the newspaper, organized the auctions, and took a 10% commission on each sale. He sold African slaves to local rice planters, but also purchased some for his own plantations.
...in 1747 he opened an import and export business in Charles Town. Through his London contacts, Laurens entered into the slave trade with the Grant, Oswald & Company who controlled 18th century British slave castle in the Republic of Sierra Leone, West Africa known as Bunce Castle. Laurens contracted to receive slaves from Serra Leone, catalogue and marketed the human product conducting public auctions in Charles Town. Laurens also engaged in the import and export of many other products but his 10% commission from the slave auctions proved to be his major source of his income. By 1750, Laurens was wealthy enough to win the hand of Eleanor Ball, the daughter of a very wealthy rice plantation owner. Laurens, who was also a rice planter, used his auction profits to purchase exceptional South Carolina farmland and slaves to expand his agricultural pursuits. This strategy culminated in his assemblage of the Mepkin Plantation where along with his mercantile pursuits Laurens earned a fortune.
On June 25, 1750 Laurens married Eleanor Ball, the daughter of another wealthy rice planter and slave owner. Of the couple's twelve children, eight died in infancy or childhood.
- John Laurens served as a military aide to General Washington and was killed in the Revolutionary War. During the war, John proposed a plan under which a small number of slaves would be enlisted in the American forces and eventually granted their freedom. In a private letter, Henry gently sought to persuade John that this plan was impractical.
- Martha Laurens married David Ramsay, a physician, historian, and South Carolina Congressman.
- Henry Jr. married Eliza, the daughter of John Rutledge, and inherited his father's estate.
- Mary married Charles Pinckney and died in childbirth soon afterwards.
In 1772, Henry, like many successful American merchants, began to buy farmland. He purchased 3,000 acres (12 km˛) at Mepkin. Although he later bought another 20,000 acres (81 km˛) including new rice-growing lands opening up in coastal Georgia, Mepkin became the family seat. By 1776 he had given up his mercantile ventures, although he always ran his plantations in a very business-like way.
Political career
1. General George Washington 2. General Horatio Gates 3. Dr. Benjamin Franklin 4. Henry Laurens, as President of the Continental Congress. 5. John Paul Jones / D. Berger sculp. 1784.
Laurens served in the militia, as did most able-bodied men in his time. He rose to the rank of Lt. Colonel in the campaigns against the Cherokee Indians in 1757-1761. 1757 also marked the first year he was elected to the colonial assembly. He was elected again every year but one until the revolution replaced the assembly with a state Convention as an interim government. The year he missed was 1773 when he visited England to arrange for his children's education. He wascolony's Council in 1764 and 1768, but declined both times. In 1772 he joined the American Philosophical Society of Philadelphia, and carried on some extensive correspondence with other members.
As the American Revolution neared, Laurens was at first inclined to support reconciliation with the British Crown. But as conditions deteriorated he came to fully support the American position. When Carolina began the creation of a revolutionary government, he was elected to the Provincial Congress which first met on January 9, 1775. He was president of the Committee of Safety, and presiding officer of that congress from June until March of 1776. When South Carolina installed a full independent government, he served as the Vice President of South Carolina from March of 1776 to June 27, 1777.
Henry Laurens was first named a delegate to the Continental Congress on January 10, 1777. He served in the Congress from then until 1780. He was the President of the Continental Congress from November 1, 1777 to December 9, 1778.
In the fall of 1779 the Congress named Laurens their minister to Holland. In early 1780 he took up that post and successfully negotiated Dutch support for the war. But on his return voyage to Amsterdam that fall the British Navy intercepted his ship, the Continental packet Mercury, off the banks of Newfoundland. Although her dispatches were tossed in the water, they were retrieved by the British, who discovered the draft of a possible U.S.-Dutch treaty prepared by William Lee. This prompted Britain to declare war on the Netherlands, the Fourth Anglo-Dutch War.
Laurens was charged with treason, transported to England, and imprisoned in the Tower of London, (the only American ever held prisoner in the Tower). This became another issue between the British and Americans. In the field, most captives were regarded as prisoners of war, and while conditions were frequently appalling, prisoner exchanges and mail privileges were accepted practice. During his imprisonment Laurens was assisted by Richard Oswald, his former business partner and the principal owner of Bunce Island. Oswald argued on Laurens' behalf to the British government. Finally, on December 31, 1781 he was released in exchange for General Lord Cornwallis and completed his voyage.
In 1783 Laurens was in Paris as one of the Peace Commissioners for the negotiations leading to the Treaty of Paris. While he didn't sign the primary treaty, he was instrumental in reaching the secondary accords that resolved issues involving the Netherlands and Spain. Ironically, Richard Oswald, Laurens' old business partner in the slave trade, was the principal negotiator for the British during the Paris peace talks. Laurens generally retired from public life in 1784. He was sought for a return to the Continental Congress, the Constitutional Convention in 1787 and the state assembly, but he declined all of these jobs. He did serve in the state convention of 1788 where he voted to ratify the United States Constitution.
Later events
The British forces from Charleston had burned the main home at Mepkin during the war. When Henry returned in 1784, the family lived in an outbuilding while the manor was rebuilt. He lived there the rest of his life, working to recover the estimated Ł40,000 that the revolution had cost him. (This would be equivalent to about $3,500,000 in 2000 values). He died at Mepkin, and afterward was cremated and his ashes were interred there. The estate at Mepkin passed through several hands, but large portions of the estate still exist, and are now a Trappist abbey.
The city of Laurens, South Carolina and its county are named for him. General Lachlan McIntosh, who worked for Laurens as a clerk and became close friends with him, named Fort Laurens, in Ohio, after him. Laurens County, Georgia is named for his son, who preceded him in death.
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John Jay |
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John Jay (1745 - 1829) - Served from December 10, 1778 to September 27, 1779. America's first Secretary of State, first Chief Justice of the Supreme Court, one of its first ambassadors, and author of some of the celebrated Federalist Papers, Jay was a Founding Father who, by a quirk of fate, missed signing the Declaration of Independence - at the time of the vote for independence and the signing, he had temporarily left the Continental Congress to serve in New York's revolutionary legislature. Nevertheless, he was chosen by his peers to succeed Henry Laurens as President of the United States - serving a term from December 10, 1778 to September 27, 1779. A conservative New York lawyer who was at first against the idea of independence for the colonies, the aristocratic Jay in 1776 turned into a patriot who was willing to give the next twenty-five years of his life to help establish the new nation. During those years, he won the regard of his peers as a dedicated and accomplished statesman and a man of unwavering principle. In the Continental Congress Jay prepared addresses to the people of Canada and Great Britain. In New York he drafted the State constitution and served as Chief Justice during the war. He was President of the Continental Congress before he undertook the difficult assignment, as ambassador, of trying to gain support and funds from Spain. After helping Franklin, Jefferson, Adams, and Laurens complete peace negotiations in Paris in 1783, Jay returned to become the first Secretary of State, called "Secretary of Foreign Affairs" under the Articles of Confederation. He negotiated valuable commercial treaties with Russia and Morocco, and dealt with the continuing controversy with Britain and Spain over the southern and western boundaries of the United States. He proposed that America and Britain establish a joint commission to arbitrate disputes that remained after the war - a proposal which, though not adopted, influenced the government's use of arbitration and diplomacy in settling later international problems. In this post Jay felt keenly the weakness of the Articles of Confederation and was one of the first to advocate a new governmental compact. He wrote five Federalist Papers supporting the Constitution, and he was a leader in the New York ratification convention. As first Chief Justice of the Supreme Court, Jay made the historic decision that a State could be sued by a citizen from another State, which led to the Eleventh Amendment to the Constitution. On a special mission to London he concluded the "Jay Treaty," which helped avert a renewal of hostilities with Britain but won little popular favor at home - and it is probably for this treaty that this Founding Father is best remembered.
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John Jay
John Jay |
Portrait of John Jay painted by Gilbert Stuart |
1st Chief Justice of the United States
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In office September 26, 1789 – June 29, 1795 |
Nominated by |
George Washington |
Succeeded by |
John Rutledge |
2nd Governor of New York
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In office July 1, 1795 – June 30, 1801 |
Lieutenant |
Stephen Van Rensselaer |
Preceded by |
George Clinton |
Succeeded by |
George Clinton |
2nd United States Secretary of Foreign Affairs
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In office May 7, 1784 – March 22, 1790 |
Preceded by |
Robert Livingston |
Succeeded by |
Thomas Jefferson (as United States Secretary of State) |
President of the Continental Congress
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In office December 10, 1778 – September 28, 1779 |
Preceded by |
Henry Laurens |
Succeeded by |
Samuel Huntington |
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Born |
December 12, 1745(1745-12-12) New York, New York |
Died |
May 17, 1829 (aged 83) Bedford, New York |
Spouse(s) |
Sarah Livingston (see Livingston family) |
Alma mater |
King's College (now Columbia University) |
Religion |
Episcopalian |
Signature |
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John Jay (December 12, 1745 – May 17, 1829) was an American politician, statesman, revolutionary, diplomat, a Founding Father of the United States, President of the Continental Congress from 1778 to 1779 and, from 1789 to 1795, the first Chief Justice of the United States. During and after the American Revolution, he was a minister (ambassador) to Spain and France, helping to fashion United States foreign policy and to secure favorable peace terms from the British (the Jay Treaty) and French. He co-wrote the Federalist Papers with Alexander Hamilton and James Madison.
As leader of the new Federalist Party, Jay was Governor of New York from 1795 to 1801 and became the state's leading opponent of slavery. His first two attempts to pass emancipation legislation failed in 1777 and 1785, but the third succeeded in 1799. The new law he signed into existence eventually saw the emancipation of all New York slaves before his death.
Early life
Birth
Jay was born on December 12, 1745, to a wealthy family of merchants in New York City. He was the eighth child and the sixth son in his family. The Jay family was of French Huguenot origin and was prominent in New York City. In 1685 the Edict of Nantes was revoked, thereby abolishing the rights of Protestants and confiscating their property. Among those affected was Jay's paternal grandfather, Augustus Jay, causing him to move from France to New York and to establish the Jay family there. Peter, Augustus's son and John's father, was a merchant and had ten children with his wife, Mary Van Cortlandt. Only seven of the ten children survived. After Jay was born, his family moved from Manhattan to Rye for a healthier environment; two of his siblings were blinded by the smallpox epidemic of 1739 and two suffered from mental handicaps.
Education
Jay spent his childhood in Rye, New York, and took the same political stand as his father, who was a staunch Whig. He was educated there by private tutors until he was eight years old, when he was sent to New Rochelle to study under Anglican pastor Pierre Stoupe. In 1756, after three years, he would return to homeschooling under the tutelage of George Murray. In 1760, Jay continued his studies at King's College, the then-sixteen-year-old forerunner of Columbia University. In 1764 he graduated and became a law clerk for Benjamin Kissam.
Entrance into lawyering and politics
In 1768, after being admitted to the bar of New York, Jay, with Robert Livingston, established a legal practice and worked there until he created his own law office in 1771. He was a member of the New York Committee of Correspondence in 1774.
His first public role came as secretary to the New York committee of correspondence, where he represented the conservative faction that was interested in protecting property rights and in preserving the rule of law while resisting what it regarded as British violations of American rights. This faction feared the prospect of "mob rule". He believed the British tax measures were wrong and thought Americans were morally and legally justified in resisting them, but as a delegate to the First Continental Congress in 1774 he sided with those who wanted conciliation with Parliament. Events such as the burning of Norfolk, Virginia, by British troops in January 1776 pushed Jay to support independence. With the outbreak of the American Revolutionary War, he worked tirelessly for the revolutionary cause and acted to suppress the Loyalists. Thus Jay evolved into first a moderate and then an ardent Patriot once he decided that all the colonies' efforts at reconciliation with Britain were fruitless and that the struggle for independence which became the American Revolution was inevitable.
During the American Revolution
Main articles: American Revolution and American Revolutionary War
Having established a reputation as a "reasonable moderate" in New York, Jay was elected to serve as delegate to the First and Second Continental Congresses which debated whether the colonies should declare independence. He attempted to reconcile the colonies with Britain, up until the Declaration of Independence. Jay's views became more radical as events unfolded; he became an ardent separatist and attempted to move New York towards that cause.
The Treaty of Paris, Jay stands farthest to the left.
In 1774, at the close of the Continental Congress, Jay returned to New York. There he served on New York City's Committee of Sixty, where he attempted to enforce a non-importation agreement passed by the First Continental Congress. Jay was elected to the third New York Provincial Congress, where he drafted the Constitution of New York, 1777; his duties as a New York Congressman prevented him from voting on or signing the Declaration of Independence. Jay served on the committee to detect and defeat conspiracies, which monitored British Actions. New York's Provincial Congress elected Jay the Chief Justice of the New York Supreme Court on May 8, 1777, which he served on for two years.
Jay served as President of the Continental Congress from December 10, 1778, to September 28, 1779. The Continental Congress turned to John Jay, an adversary of the previous president Henry Laurens, only three days after Jay become a delegate and elected him President of the Continental Congress. Eight states voted for Jay and four for Laurens.
As a diplomat
Main article: Treaty of Paris (1783)
On September 27, 1779, Jay resigned his office as President of the Continental Congress and was appointed Minister to Spain. In Spain, he was assigned to get financial aid, commercial treaties and recognition of American independence. The royal court of Spain refused to officially receive Jay as the Minister of the United States, as it refused to recognize American Independence until 1783, fearing that such recognition could spark revolution in their own colonies. Jay, however, convinced Spain to loan $170,000 to the US government.He departed Spain on May 20, 1782.
On June 23, 1782, Jay reached Paris, where negotiations to end the American Revolutionary War would take place. Benjamin Franklin was the most experienced diplomat of the group, and thus Jay wished to lodge near him, in order to learn from him. The United States agreed to negotiate with Britain separately, then with France. In July 1782, the Earl of Shelburne offered the Americans independence, but Jay rejected the offer on the grounds that it did not recognize American independence during the negotiations; Jay's dissent halted negotiations until the fall. The final treaty dictated that the United States would have Newfoundland fishing rights, Britain would acknowledge the United States as independent and would withdraw its troops in exchange for the United States ending the seizure of Loyalist property and honoring private debts. The treaty granted the United States independence, but left many border regions in dispute, and many of its provisions were not enforced.
Secretary of Foreign Affairs
Jay served as the second Secretary of Foreign Affairs from 1784-1789, when in September, Congress passed a law giving certain additional domestic responsibilities to the new Department and changing its name to the Department of State. Jay served as acting Secretary of State until March 22, 1790. Jay sought to establish a strong and durable American foreign policy: to seek the recognition of the young independent nation by powerful and established foreign European powers; to establish a stable American currency and credit supported at first by financial loans from European banks; to pay back America's creditors and to quickly pay off the country's heavy War-debt; to secure the infant nation's territorial boundaries under the most-advantageous terms possible and against possible incursions by the Indians, Spanish, the French and the English; to solve regional difficulties among the colonies themselves; to secure Newfoundland fishing rights; to establish a robust maritime trade for American goods with new economic trading partners; to protect American trading vessels against piracy; to preserve America's reputation at home and abroad; and to hold the country together politically under the fledgling Articles of Confederation.
Jay believed his responsibility was not matched by a commensurate level of authority, so he joined Alexander Hamilton and James Madison in advocating for a stronger government than the one dictated by the Articles of Confederation. He argued in his Address to the People of the State of New-York, on the Subject of the Federal Constitution that the Articles of Confederation were too weak and ineffective a form of government. He contended that:
The Congress under the Articles of Confederation] may make war, but are not empowered to raise men or money to carry it on—they may make peace, but without power to see the terms of it observed—they may form alliances, but without ability to comply with the stipulations on their part—they may enter into treaties of commerce, but without power to [e]nforce them at home or abroad...—In short, they may consult, and deliberate, and recommend, and make requisitions, and they who please may regard them.
Federalist Papers 1788
Jay did not attend the Constitutional Convention but joined Hamilton and Madison in aggressively arguing in favor of the creation of a new and more powerful, centralized but balanced system of government. Writing under the shared pseudonym of "Publius," they articulated this vision in the Federalist Papers, a series of eighty-five articles written to persuade the citizenry to ratify the proposed Constitution of the United States. Jay wrote the second, third, fourth, fifth and sixty-fourth articles. All except the sixty-fourth concerned the "[d]angers from [f]oreign [f]orce and [i]nfluence".
The Jay Court
[T]he people are the sovereign of this country, and consequently that fellow citizens and joint sovereigns cannot be degraded by appearing with each other in their own courts to have their controversies determined. The people have reason to prize and rejoice in such valuable privileges, and they ought not to forget that nothing but the free course of constitutional law and government can ensure the continuance and enjoyment of them. For the reasons before given, I am clearly of opinion that a State is suable by citizens of another State.
—John Jay in the Court Opinion of Chisholm v. Georgia
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In 1789, Jay was offered the new position of Secretary of State by George Washington; he declined. Washington nominated Jay as the first Chief Justice of the United States. Washington also nominated John Blair, William Cushing, James Wilson, James Iredell and John Rutledge as Associate Judges; Jay would later serve with Thomas Johnson, who took Rutledge's seat, and William Paterson, who took Johnson's seat. The court had little business through its first three years and its first decision was West v. Barnes (1791) strictly interpreting statutory procedural requirements.
In Chisholm v. Georgia, the Jay Court had to answer the question: "Was the state of Georgia subject to the jurisdiction of the Supreme Court and the federal government?"In a 4-1 ruling (Iredell dissented), the Jay Court ruled in favor of two South Carolinan Loyalists who had had their land seized by Georgia. This ruling sparked debate, as it implied that old debts must be paid to Loyalists. The ruling was overturned by the Senate when the Eleventh Amendment was ratified, as it ruled that the judiciary could not rule on cases where a state was being sued by a citizen of another state or foreign country. The case was brought again to the Supreme Court in Georgia v. Brailsford, and the Court reversed its decision. However, Jay's original Chisholm decision established that states were subject to judicial review.
In Hayburn's Case, the Jay Court ruled that courts could not comply with a federal statute that required the courts to decide whether individual petitioning American Revolution veterans qualified for pensions. The Jay Court ruled that determining whether petitioners qualified was an "act ... not of a judicial nature". and that because the statute allowed the legislature and the executive branch to revise the court's ruling, the statute violated the separation of powers as dictated by the United States Constitution.
Jury nullification
In 1794 in Georgia v. Brailsford (1794), Supreme Court Justice John Jay upheld jury instructions stating "you [jurors] have ...a right to take upon yourselves to ...determine the law as well as the fact in controversy." Jay noted for the jury the "good old rule, that on questions of fact, it is the province of the jury, on questions of law, it is the province of the court to decide," but this amounted to no more than a presumption that the judges were correct about the law. Ultimately, "both objects [the law and the facts] are lawfully within your power of decision."
1792 campaign for Governor of New York
In 1792, Jay was the Federalist candidate for governor of New York, but was defeated by Democratic-Republican George Clinton. Jay received more votes than George Clinton, but on technicalities the votes of Otsego, Tioga and Clinton counties were disqualified and therefore not counted, giving George Clinton a slight majority. The state constitution said that the cast votes shall be delivered to the secretary of state "by the sheriff or his deputy," but, for example, Otsego County Sheriff Smith's term had expired, so at the time of the election, the sheriff's office had been legally vacant, and the votes could not be brought to the state capital by anybody legally authorized. Clinton partisans in the state legislature, in state courts and federal offices were adamant not to accept any argument that this would in practice subtract the constitutional right to vote from the voters in these counties, and these votes were disqualified.
Jay Treaty
Main article: Jay Treaty
Relations with Britain verged on war in 1794. British exports dominated the U.S. market, while American exports were blocked by British trade restrictions and tariffs. Britain still occupied northern forts that it had agreed to surrender in the Treaty of Paris. Britain’s impressment of American sailors and seizure of naval and military supplies bound to enemy ports on neutral ships also created conflict. Madison proposed a trade war, "A direct system of commercial hostility with Great Britain," assuming that Britain was so weakened by its war with France that it would agree to American terms and not declare war. Washington rejected that policy and sent Jay as a special envoy to Great Britain to negotiate a new treaty; Jay remained Chief Justice. Washington had Alexander Hamilton write instructions for Jay that were to guide him in the negotiations. In March 1795, the resulting treaty, known as the Jay Treaty, was brought to Philadelphia. When Hamilton, in an attempt to maintain good relations, informed Britain that the United States would not join the Danish and Swedish governments to defend their neutral status, Jay lost most of his leverage. The treaty eliminated Britain's control of northwestern posts and granted the United States "most favored nation" status, and the U.S. agreed to restricted commercial access to the British West Indies. Washington signed the treaty, and the Senate approved it on a 20-10 vote.
The treaty did not resolve American grievances about neutral shipping rights and impressment, and the Republicans denounced it, but Jay, as Chief Justice, decided not to take part in the debates. The failure to get compensation for slaves taken by the British during the Revolution "was a major reason for the bitter Southern opposition". Jefferson and Madison, fearing a commercial alliance with aristocratic Britain might undercut republicanism, led the opposition. Jay complained he could travel from Boston to Philadelphia solely by the light of his burning effigies. However, led by Hamilton's newly created Federalist party and support from Washington, strongly backed Jay and thus won the battle of public opinion. Washington put his prestige on the line behind the treaty and Hamilton and the Federalists mobilized public opinion. The Senate ratified the treaty by a 20-10 vote (just enough to meet the 2/3 requirement.) Graffiti appeared near Jay's house after the treaty's ratification, reading, "Damn John Jay. Damn everyone that won't damn John Jay. Damn everyone that won't put up the lights in the windows and sit up all nights damning John Jay."
In 1812, relations between Britain and the U.S. faltered. The desire of a group of members in the House of Representatives, known as the War Hawks, to acquire land from Canada and the British impressment of American ships led, in part, to the War of 1812.
Governor of New York
Certificate of Election of John Jay as Governor of New York (June 6, 1795)
While in Britain, Jay was elected in May, 1795, as the second governor of New York State (following George Clinton) as a Federalist. He resigned from the Supreme Court and served six years as governor until 1801.
As Governor, he received a proposal from Hamilton to gerrymander New York for the Presidential election of that year; he marked the letter "Proposing a measure for party purposes which it would not become me to adopt," and filed it without replying. President John Adams then renominated him to the Supreme Court; the Senate quickly confirmed him, but he declined, citing his own poor health and the court's lack of "the energy, weight and dignity which are essential to its affording due support to the national government."
While governor, Jay ran in the 1796 presidential election, winning five electoral votes, and in the 1800 election, winning one vote.
Jay declined the Federalist renomination for governor in 1801 and retired to the life of a farmer in Westchester County, New York. Soon after his retirement, his wife died. Jay remained in good health, continued to farm and stayed out of politics.
Death
On the night of May 14, 1829, Jay was stricken with palsy, probably due to a stroke. He lived for three more days, dying on May 17. He chose to be buried in a private cemetery which he had defined on his family's Rye property in 1807, returning to the place where he grew up as a boy. This original family estate of the Jays, first established in 1745 when Jay was 3 months old, is a National Historic Landmark site overlooking Long Island Sound. The Jay estate in Rye passed into John Jay's possession in 1815 and he conveyed it to his eldest son, Peter Augustus Jay, in 1822. The property remained in the Jay family through 1904. Today the cemetery is still privately held and used by Jay's descendants. What remains of the original 400 acre Jay estate is a 23 acre parcel called the Jay Property and the 1838 Peter Augustus Jay House built by Peter Augustus Jay over the footprint of his father's original home "The Locusts." Stewardship of the site and restoration of several of its buildings for educational use was entrusted by the New York State Board of Regents to the Jay Heritage Center.
Personal views
As an abolitionist
Jay was a leader against slavery after 1777, when he drafted a state law to abolish slavery; it failed as did a second attempt in 1785. Jay was the founder and president of the New York Manumission Society, in 1785, which organized boycotts against newspapers and merchants in the slave trade and provided legal counsel for free blacks claimed as slaves. The Society helped enact the gradual emancipation of slaves in New York in 1799, which Jay signed into law as governor.
Jay was pushing at an open door; every member of the New York legislature (but one) had voted for some form of emancipation in 1785; they had differed on what rights to give the free blacks afterwards. Aaron Burr both supported this bill and introduced an amendment calling for immediate abolition. The 1799 bill settled the matter by guaranteeing no rights at all. The 1799 "An Act for the Gradual Abolition of Slavery" provided that, from July 4 of that year, all children born to slave parents would be free (subject only to apprenticeship) and that slave exports would be prohibited. These same children would be required to serve the mother’s owner until age twenty-eight for males and age twenty-five for females. The law thus defined a type of indentured servant while slating them for eventual freedom. All slaves were emancipated by July 4, 1827; the process may perhaps have been the largest emancipation in North America before 1861, except for the British Army's recruitment of runaway slaves during the American Revolution.
In the close 1792 election, Jay's antislavery work hurt his election chances in upstate New York Dutch areas, where slavery was still practiced. In 1794, in the process of negotiating the Jay Treaty with the British, Jay angered Southern slave-owners when he dropped their demands for compensation for slaves who had been captured and carried away during the Revolution. He made a practice of buying slaves and then freeing them when they were adults and he judged their labors had been a reasonable return on their price; he owned eight in 1798, the year before the emancipation act was passed.
Religion
Jay's home, near Katonah, New York, is a New York State Historic Site and National Historic Landmark.
Jay was Anglican, a denomination renamed the Protestant Episcopal Church in America after the American Revolution. Since 1785 Jay had been a warden of Trinity Church, New York. As Congress's Secretary for Foreign Affairs, he supported the proposal after the Revolution that the Archbishop of Canterbury approve the ordination of bishops for the Episcopal Church in the United States. He argued unsuccessfully in the provincial convention for a prohibition against Catholics holding office.
In a letter addressed to Pennsylvania House of Representatives member John Murray, dated October 12, 1816, Jay wrote, "Providence has given to our people the choice of their rulers, and it is the duty, as well as the privilege and interest, of our Christian nation to select and prefer Christians for their rulers."
Legacy
John Jay College of Criminal Justice in New York City
John Jay Hall is a residence building across from Hamilton Lawn at Columbia University in New York City.
Several geographical locations have adopted John Jay's name, including: Jay, Maine; Jay, New York; Jay, Vermont; Jay County, Indiana and Jay Street in Brooklyn. In 1964, the City University of New York's College of Police Science was officially renamed the John Jay College of Criminal Justice. The colonial Fort Jay on Governors Island is also named for him. Mount John Jay, also known as Boundary Peak 18, a summit on the border between Alaska and British Columbia, Canada, is also named for him.
There are also high schools named after Jay located in Cross River, New York; Hopewell Junction, New York and San Antonio, Texas. The Best Western Hotel chain named several of their colonial motif hotels the John Jay Inn.
Exceptional undergraduates at Columbia University are designated John Jay Scholars, and one of that university's undergraduate dormitories is known as John Jay Hall. The John Jay Center on the campus of Robert Morris University and the John Jay Institute for Faith, Society & Law are also named for him. Jay's house, located near Katonah, New York, is preserved as a National Historic Landmark and as the John Jay Homestead State Historic Site.
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Samuel Huntington |
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Samuel Huntington (1732 - 1796) - Served from September 28, 1779 until July 9, 1781. An industrious youth who mastered his studies of the law without the advantage of a school, a tutor, or a master - borrowing books and snatching opportunities to read and research between odd jobs - he was one of the greatest self-made men among the Founders. He was also one of the greatest legal minds of the age - all the more remarkable for his lack of advantage as a youth. In 1764, in recognition of his obvious abilities and initiative, he was elected to the General Assembly of Connecticut. The next year he was chosen to serve on the Executive Council. In 1774 he was appointed Associate Judge of the Superior Court and, as a delegate to the Continental Congress, was acknowledged to be a legal scholar of some respect. He served in Congress for five consecutive terms, during the last of which he was elected President. He served in that office from September 28, 1779 until ill health forced him to resign on July 9, 1781. He returned to his home in Connecticut - and as he recuperated, he accepted more Counciliar and Bench duties. He again took his seat in Congress in 1783, but left it to become Chief Justice of his state's Superior Court. He was elected Lieutenant Governor in 1785 and Governor in 1786. According to John Jay, he was "one of the most precisely trained Christian jurists ever to serve his country."
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Samuel Huntington (statesman)
Samuel Huntington |
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3rd Governor of Connecticut |
In office 1786 – 1796 |
Lieutenant |
Oliver Wolcott |
Preceded by |
Matthew Griswold |
Succeeded by |
Oliver Wolcott |
President of the Continental Congress |
In office September 28, 1779 – July 10, 1781 |
Preceded by |
John Jay |
Succeeded by |
Thomas McKean |
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Born |
July 16, 1731 Windham, Connecticut |
Died |
January 5, 1796 (aged 64) Norwich, Connecticut |
Political party |
Federalist |
Signature |
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Samuel Huntington (July 16, 1731 [O.S. July 5, 1731] – January 5, 1796) was a jurist, statesman, and Patriot in the American Revolution from Connecticut. As a delegate to the Continental Congress, he signed the Declaration of Independence and the Articles of Confederation. He also served as President of the Continental Congress from 1779 to 1781, chief justice of the Connecticut Supreme Court from 1784 to 1785, and Governor of Connecticut from 1786 until his death.
Personal life
Samuel was born to Nathaniel and Mehetabel Huntington on July 16, 1731 in Windham, Connecticut (his birthplace is now in Scotland, Connecticut, which broke off from Windham). He was the fourth of ten children, but the oldest boy. He had a limited education in the common schools, then was self educated. When Samuel was 16 he was apprenticed to a cooper, but also continued to help his father on the farm. His education came from the library of Rev. Ebenezer Devotion and books borrowed from local lawyers.
In 1754 Samuel was admitted to the bar, and moved to Norwich, Connecticut to begin practicing law. He married Martha Devotion (Ebenezer's daughter) in 1761. They remained together until her death in 1794. While the couple would not have children, when his brother (Rev. Joseph Huntington) died they adopted their nephew and niece. They raised Samuel H. Huntington and Frances as their own.
Political career
After brief service as a selectman, Huntington began his political career in earnest in 1764 when Norwich sent him as one of their representatives to the lower house of the Connecticut Assembly. He continued to be returned to that office each year until 1774. In 1775 he was elected to the upper house, the Governor's Council, where he was reelected until 1784. In addition to serving in the legislature, he was appointed King's attorney for Connecticut in 1768 and in 1773 was appointed to the colony's supreme court, then known as the Superior Court. He became chief justice of the Superior Court in 1784.
Huntington was an outspoken critic of the Coercive Acts of the British Parliament. As a result, the assembly elected him in October 1775 to become one of their delegates to the Second Continental Congress. In January 1776 he took his place with Roger Sherman and Oliver Wolcott as the Connecticut delegation in Philadelphia. He voted for and signed the Declaration of Independence and the Articles of Confederation. He suffered from an attack of smallpox while in Congress.
President of Congress
While not known for extensive learning or brilliant speech, Huntington's steady hard work and unfailing calm manner earned him the respect of his fellow delegates. As a result, when John Jay left to become minister to Spain, Huntington was elected to succeed him as President of the Continental Congress on September 28, 1779. The President of Congress was a mostly ceremonial position with no real authority, but the office did require Huntington to handle a good deal of correspondence and sign official documents. His spent his time as president urging the states and their legislatures to support the levies for men, supplies, and money needed to fight the Revolutionary War. The Articles of Confederation were finally ratified during his term.
Huntington remained as President of Congress until July 9, 1781, when ill health forced him to resign and return to Connecticut. In 1782, Connecticut again named him as a delegate, but his health and judicial duties kept him from accepting. He returned to the Congress as a delegate for the 1783 session to see the success of the revolution embodied in the Treaty of Paris.
Governor of Connecticut
In 1785 he was elected as Lieutenant Governor for Connecticut, serving with Governor Matthew Griswold. In 1786 he followed Griswold as Governor of Connecticut, and was reelected annually until his death in 1796. That same year, in a reprise of his efforts in Congress, he brokered the Treaty of Hartford that resolved western land claims between New York and Massachusetts. The following year he lent his support to the Northwest Ordinance that completed the national resolution of these issues.
In 1788 he presided over the Connecticut Convention that was called to ratify the United States Constitution. In later years he saw the transition of Connecticut into a U.S. State. He resolved the issue of a permanent state capital at Hartford and oversaw the construction of the state house. He died while in office, at his home in Norwich on January 5, 1796. His tomb is located down Old Cemetery Lane adjacent to the Norwichtown Green and its inscription is in excellent condition.
Later events
Huntington, Connecticut, was named in his honor in 1789, but later renamed to Shelton, when that town incorporated with Shelton to form a city in 1919. There is still a Huntington Green, however. Huntington County, Indiana is named in his honor. Huntington Mills is a small town in northeastern Pennsylvania which also derives its name in honor of Samuel Huntington.
The home that Samuel was born in was built by his father, Nathaniel, around 1732 and still stands. The area is now within the borders of the town of Scotland, Connecticut. In 1994 the home and some grounds were purchased by a local historic trust. As of 2003 restoration is underway, but parts of the home and grounds are open to visitors at limited times. The Samuel Huntington Birthplace is a National Historic Landmark.
His nephew and adopted son Samuel H. Huntington moved to the Ohio country that he had been instrumental in opening up, and later became the third Governor of Ohio.
Because Huntington was the President of the Continental Congress when the Articles of Confederation were ratified, some amateur historians and civic groups in Connecticut have claimed that Huntington was actually the first President of the United States.
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Thomas McKean |
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Thomas McKean (1734 - 1817) - Served from July 10, 1781 to November 4, 1781. During his astonishingly varied fifty-year career in public life he held almost every possible position - from deputy county attorney to President of the United States under the Confederation. Besides signing the Declaration of Independence, he contributed significantly to the development and establishment of constitutional government in both his home state of Delaware and the nation. At the Stamp Act Congress he proposed the voting procedure that Congress adopted: that each colony, regardless of size or population, have one vote - the practice adopted by the Continental Congress and the Congress of the Confederation, and the principle of state equality manifest in the composition of the Senate. And as county judge in 1765, he defied the British by ordering his court to work only with documents that did not bear the hated stamps. In June 1776, at the Continental Congress, McKean joined with Caesar Rodney to register Delaware's approval of the Declaration of Independence, over the negative vote of the third Delaware delegate, George Read - permitting it to be "The unanimous declaration of the thirteen United States." And at a special Delaware convention, he drafted the constitution for that State. McKean also helped draft - and signed - the Articles of Confederation. It was during his tenure of service as President - from July 10, 1781 to November 4, 1781 - when news arrived from General Washington in October 1781 that the British had surrendered following the Battle of Yorktown. As Chief Justice of the supreme court of Pennsylvania, he contributed to the establishment of the legal system in that State, and, in 1787, he strongly supported the Constitution at the Pennsylvania Ratification Convention, declaring it "the best the world has yet seen." At sixty-five, after over forty years of public service, McKean resigned from his post as Chief Justice. A candidate on the Democratic-Republican ticket in 1799, McKean was elected Governor of Pennsylvania. As Governor, he followed such a strict policy of appointing only fellow Republicans to office that he became the father of the spoils system in America. He served three tempestuous terms as Governor, completing one of the longest continuous careers of public service of any of the Founding Fathers.
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Thomas McKean
Thomas McKean |
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Governor of Pennsylvania
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In office December 17, 1799 – December 20, 1808 |
Preceded by |
Thomas Mifflin |
Succeeded by |
Simon Snyder |
Chief Justice of Pennsylvania
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In office July 28, 1777 – December 17, 1799 |
Preceded by |
Benjamin Chew |
Succeeded by |
Edward Shippen |
President of the Continental Congress
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In office July 10, 1781 – November 4, 1781 |
Preceded by |
Samuel Huntington |
Succeeded by |
John Hanson |
Continental Congressman from Delaware
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In office December 17, 1777 – February 1, 1783 |
In office August 2, 1774 – November 7, 1776 |
President of Delaware
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In office September 22, 1777 – October 20, 1777 |
Preceded by |
John McKinly |
Succeeded by |
George Read |
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Born |
March 19, 1734(1734-03-19) New London Township, Pennsylvania |
Died |
June 24, 1817 (aged 83) Philadelphia, Pennsylvania |
Political party |
Federalist Democratic-Republican |
Spouse(s) |
Mary Borden Sarah Armitage |
Residence |
New Castle, Delaware Philadelphia, Pennsylvania |
Profession |
lawyer |
Religion |
Presbyterian |
Signature |
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Thomas McKean (March 19, 1734 – June 24, 1817) was an American lawyer and politician from New Castle, in New Castle County, Delaware, and Philadelphia, Pennsylvania. During the American Revolution he was a delegate to the Continental Congress where he signed the United States Declaration of Independence and served as a President of Congress. He was at various times a member of the Federalist and Democratic-Republican parties, who served as President of Delaware, Chief Justice of Pennsylvania, and Governor of Pennsylvania.
Early life and family
McKean was born in New London Township, Chester County, Pennsylvania, the son of William McKean and Letitia Finney. His father was a tavern-keeper in New London and both his parents were Ulster-Scots who came to Pennsylvania from Ireland as children. Mary Borden was his first wife. They married in 1763, lived at 22 The Strand in New Castle, Delaware. They had six children: Joseph, Robert, Elizabeth, Letitia, Mary, and Anne. Mary Borden McKean died in 1773 and is buried at Immanuel Episcopal Church in New Castle. Sarah Armitage was McKean’s second wife. They married in 1774, lived at the northeast corner of 3rd and Pine Streets in Philadelphia, Pennsylvania, and had four children, Sarah, Thomas, Sophia, and Maria. They were members of the New Castle Presbyterian Church in New Castle and the First Presbyterian Church in Philadelphia. Sarah's son, Carlos Fernando de Yrujo, would later become Prime Minister of Spain.
Colonial career
McKean's education began at the Reverend Francis Allison's New London Academy. At the age of sixteen he went to New Castle, Delaware to begin the study of law under his cousin, David Finney. In 1755 he was admitted to the Bar of the Lower Counties, as Delaware was then known, and likewise in the Province of Pennsylvania the following year. In 1756 he was appointed deputy Attorney General for Sussex County. From the 1762/63 session through the 1775/76 session he was a member of the General Assembly of the Lower Counties, serving as its Speaker in 1772/73. From July 1765, he also served as a judge of the Court of Common Pleas and began service as the customs collector at New Castle in 1771. In November 1765 his Court of Common Pleas became the first such court in the colonies to establish a rule that all the proceedings of the court be recorded on un-stamped paper.
Eighteenth century Delaware was politically divided into loose political factions known as the "Court Party" and the "Country Party." The majority Court Party was generally Anglican, strongest in Kent and Sussex counties and worked well with the colonial Proprietary government, and was in favor of reconciliation with the British government. The minority Country Party was largely Ulster-Scot, centered in New Castle County, and quickly advocated independence from the British. McKean was the epitome of the Country party politician and was, as much as anyone, its leader. As such, he generally worked in partnership with Caesar Rodney from Kent County, and in opposition to his friend and neighbor, George Read.
At the Stamp Act Congress of 1765, McKean and Caesar Rodney represented Delaware. McKean proposed the voting procedure that the Continental Congress later adopted: that each colony, regardless of size or population, have one vote. This decision set the precedent, the Congress of the Articles of Confederation adopted the practice, and the principle of state equality continued in the composition of the United States Senate.
McKean quickly became one of the most influential members of the Stamp Act Congress. He was on the committee that drew the memorial to Parliament, and with John Rutledge and Philip Livingston, revised its proceedings. On the last day of its session, when the business session ended, Timothy Ruggles, the president of the body, and a few other more cautious members, refused to sign the memorial of rights and grievances. McKean arose and addressing the chair insisted that the president give his reasons for his refusal. After refusing at first, Ruggles remarked, "it was against his conscience." McKean then disputed his use of the word "conscience" so loudly and so long that a challenge was given by Ruggles and accepted in the presence of the congress. However, Ruggles left the next morning at daybreak, so that the duel did not take place.
American Revolution
The presentation of the Declaration of Independence to Congress.
In spite of his primary residence in Philadelphia, McKean remained the effective leader for American Independence in Delaware. Along with George Read and Caesar Rodney, he was one of Delaware's delegates to the First Continental Congress in 1774 and the Second Continental Congress in 1775 and 1776.
Being an outspoken advocate of independence, McKean's was a key voice in persuading others to vote for a split with Great Britain. When Congress began debating a resolution of independence in June 1776 Caesar Rodney was absent. George Read was against independence, which meant that the Delaware delegation was split between McKean and Read and therefore could not vote in favor of independence. McKean requested that the absent Rodney rode all night from Dover to break the tie. After the vote in favor of independence on July 2, McKean participated in the debate over the wording of the official Declaration of Independence, which was approved on July 4th.
A few days after McKean cast his vote, he left Congress to serve as colonel in command of the Fourth Battalion of the Pennsylvania Associators, a militia unit created by Benjamin Franklin in 1747. They joined Washington's defense of New York City at Perth Amboy, New Jersey. Being away, he was not available when most of the signers placed their signatures on the Declaration of Independence on August 2, 1776. Since his signature did not appear on the printed copy that was authenticated on January 17, 1777, it is assumed that he signed after that date, possibly as late as 1781.In a conservative reaction against the advocates of American independence, the 1776/77 Delaware General Assembly did not reelect either McKean or Caesar Rodney to the Continental Congress in October 1776. However, the British occupation following the Battle of Brandywine swung opinions enough that McKean was returned to Congress in October 1777 by the 1777/78 Delaware General Assembly. He then served continuously until February 1, 1783. McKean helped draft the Articles of Confederation and voted for their adoption on March 1, 1781.
When poor health caused Samuel Huntington, to resign as President of Congress in July 1781, McKean was elected as his successor. He served from July 10, 1781, until November 4, 1781. The President of Congress was a mostly ceremonial position with no real authority, but the office did require McKean to handle a good deal of correspondence and sign official documents. During his time in office, Lord Cornwallis's British army surrendered at Yorktown, effectively ending the war.
Government offices |
Preceded by Samuel Huntington |
President of the Continental Congress July 10, 1781 – November 4, 1781 |
Succeeded by John Hanson |
Government of Delaware
Meanwhile, McKean led the effort in the General Assembly of Delaware to declare its separation from the British government, which it did on June 15, 1776. Then, in August, he was elected to the special convention to draft a new state constitution. Upon hearing of it, McKean made the long ride to Dover, Delaware from Philadelphia in a single day, went to a room in an Inn, and that night, virtually by himself, drafted the document. It was adopted September 20, 1776. The Delaware Constitution of 1776 thus became the first state constitution to be produced after the Declaration of Independence.
McKean was then elected to Delaware's first House of Assembly for both the 1776/77 and 1778/79 sessions, succeeding John McKinly as Speaker on February 12, 1777 when McKinly became President of Delaware. Shortly after President McKinly's capture and imprisonment, McKean served as the President of Delaware for a month from September 22, 1777 until October 20, 1777. That was the time needed for the rightful successor to John McKinly, the Speaker of the Legislative Council, George Read, to return from the Continental Congress in Philadelphia and assume the duties.
At this time, immediately after the Battle of Brandywine, the British Army occupied Wilmington and much of northern New Castle County. Its navy also controlled the lower Delaware River and Delaware Bay. As a result the state capital, New Castle, was unsafe as a meeting place, and the Sussex County seat, Lewes, was sufficiently disrupted by Loyalists that it was unable to hold a valid general election that autumn. As President, McKean was primarily occupied with recruitment of the militia and with keeping some semblance of civic order in the portions of the state still under his control.
Delaware General Assembly (sessions while President) |
Year | Assembly | | Senate Majority | Speaker | | House Majority | Speaker |
1776/77 |
1st |
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non-partisan |
George Read |
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non-partisan |
vacant |
Government of Pennsylvania
Governor Thomas McKean and his son, Thomas McKean, Jr.
McKean started his long tenure as Chief Justice of Pennsylvania on July 28, 1777 and served in that capacity until 1799. There he largely set the rules of justice for revolutionary Pennsylvania. According to biographer John Coleman, "only the historiographical difficulty of reviewing court records and other scattered documents prevents recognition that McKean, rather than John Marshall, did more than anyone else to establish an independent judiciary in the United States. As chief justice under a Pennsylvania constitution he considered flawed, he assumed it the right of the court to strike down legislative acts it deemed unconstitutional, preceding by ten years the U.S. Supreme Court's establishment of the doctrine of judicial review. He augmented the rights of defendants and sought penal reform, but on the other hand was slow to recognize expansion of the legal rights of women and the processes in the state's gradual elimination of slavery."
He was a member of the convention of Pennsylvania, which ratified the Constitution of the U.S. In the Pennsylvania State Constitutional Convention of 1789/90, he argued for a strong executive and was himself at that time a Federalist. Nevertheless, in 1796, dissatisfied with Federalist domestic policies and compromises with England, he became an outspoken Jeffersonian Republican or Democratic-Republican.
McKean was elected Governor of Pennsylvania, and served three terms from December 17, 1799 until December 20, 1808. In 1799 he defeated the Federalist Party nominee, James Ross, and again more easily in 1802. At first, McKean ousted Federalists from state government positions. Because of that he has been called the father of the spoils system. However, in seeking a third term in 1805, McKean was at odds with factions of his own Democratic-Republican Party and the Pennsylvania General Assembly instead nominated Speaker Simon Snyder for Governor. McKean then forged an alliance with Federalists, called "the Quids," and defeated Snyder. Afterwards, he began removing Jeffersonians from state positions.
The governor's beliefs in strong executive and judicial powers were bitterly denounced by the influential Aurora newspaper publisher, William Duane, and the Philadelphia populist, Dr. Michael Leib. After they led public attacks calling for his impeachment, McKean filed a partially successful libel suit against Duane in 1805. The Pennsylvania House of Representatives impeached the governor in 1807, but his friends prevented a trial for the rest of his term and the matter was dropped. When the suit was settled after McKean left office, his son Joseph angrily criticized Duane's attorney for alleging, out of context, that McKean referred to the people of Pennsylvania as "Clodpoles" (clodhoppers).
Some of McKean's other accomplishments included expanding free education for all and, at age eighty, leading a Philadelphia citizens group to organize a strong defense during the War of 1812. He spent his retirement in Philadelphia, writing, discussing political affairs and enjoying the considerable wealth he had earned through investments and real estate.
Death and legacy
McKean was a member of the Pennsylvania Society of the Cincinnati in 1785 and was subsequently its vice-president. Princeton College gave him the degree of L.L.D. in 1781, Dartmouth College presented the same honor in 1782, and the University of Pennsylvania gave him the degree of A.M. in 1763 and L.L.D. in 1785. With Professor John Wilson he published "Commentaries on the Constitution of the United States" in 1790).
McKean died in Philadelphia and was buried in the First Presbyterian Church Cemetery there. In 1843, his body was moved to the Laurel Hill Cemetery, also in Philadelphia. Thomas McKean High School in New Castle County is named in his honor, as is McKean Street in Philadelphia, McKean County, Pennsylvania, and the McKean Hall dormitory at the University of Delaware. Penn State University also has a residence hall and a campus road named for him.
McKean was over six feet tall, always wore a large cocked hat and carried a gold-headed cane. He was a man of quick temper and vigorous personality, "with a thin face, hawk's nose and hot eyes." He was known for a "lofty and often tactless manner that antagonized many people," as well as for being "cold, proud and vain." Some thought "his popularity with his clients was difficult to understand. He seldom mixed with people except on public occasions. Many people found his company insufferable. Still others concluded that he attracted so much business because people simply had confidence in his integrity and impressive credentials." John Adams described him as "one of the three men in the Continental Congress who appeared to me to see more clearly to the end of the business than any others in the body." As Chief Justice and Governor of Pennsylvania he was frequently the center of controversy.
Almanac
Delaware elections were held October 1st and members of the General Assembly took office on October 20th or the following weekday. State Assemblymen had a one year term. The whole General Assembly chose the Continental Congressmen for a one year term and the State President for a three year term. Judges of the Courts of Common Pleas were also selected by the General Assembly for the life of the person appointed. McKean served as State President only temporarily, filling the vacancy created by John McKinly's capture and resignation and awaiting the arrival of George Read.
Pennsylvania elections were held in October as well. The Pennsylvania Supreme Executive Council was created in 1776 and counsellors were popularly elected for three-year terms. A joint ballot of the Pennsylvania General Assembly and the Council chose the President from among the twelve Counsellors for a one-year term. The Chief Justice of the Pennsylvania Supreme Court was also selected by the General Assembly and Council for the life of the person appointed.
Public Offices |
Office | State | Type | Location | Began office | Ended office | notes |
Assemblyman |
Lower Counties |
Legislature |
New Castle |
October 20, 1763 |
October 20, 1764 |
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Assemblyman |
Lower Counties |
Legislature |
New Castle |
October 20, 1764 |
October 21, 1765 |
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Judge |
Lower Counties |
Judiciary |
New Castle |
1765 |
1774 |
Court of Common Pleas |
Delegate |
Lower Counties |
Legislature |
New York |
October 7, 1765 |
October 19, 1765 |
Stamp Act Congress |
Assemblyman |
Lower Counties |
Legislature |
New Castle |
October 21, 1765 |
October 20, 1766 |
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Assemblyman |
Lower Counties |
Legislature |
New Castle |
October 20, 1766 |
October 20, 1767 |
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Assemblyman |
Lower Counties |
Legislature |
New Castle |
October 20, 1767 |
October 20, 1768 |
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Assemblyman |
Lower Counties |
Legislature |
New Castle |
October 20, 1768 |
October 20, 1769 |
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Assemblyman |
Lower Counties |
Legislature |
New Castle |
October 20, 1769 |
October 20, 1770 |
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Assemblyman |
Lower Counties |
Legislature |
New Castle |
October 20, 1770 |
October 21, 1771 |
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Assemblyman |
Lower Counties |
Legislature |
New Castle |
October 21, 1771 |
October 20, 1772 |
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Assemblyman |
Lower Counties |
Legislature |
New Castle |
October 20, 1772 |
October 20, 1773 |
Speaker |
Assemblyman |
Lower Counties |
Legislature |
New Castle |
October 20, 1773 |
October 20, 1774 |
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Delegate |
Lower Counties |
Legislature |
Philadelphia |
September 5, 1774 |
October 26, 1774 |
Continental Congress |
Assemblyman |
Lower Counties |
Legislature |
New Castle |
October 20, 1774 |
October 20, 1775 |
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Delegate |
Lower Counties |
Legislature |
Philadelphia |
May 10, 1775 |
October 21, 1775 |
Continental Congress |
Assemblyman |
Lower Counties |
Legislature |
New Castle |
October 20, 1775 |
June 15, 1776 |
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Delegate |
Lower Counties |
Legislature |
Philadelphia |
October 21, 1775 |
November 7, 1776 |
Continental Congress |
Delegate |
Delaware |
Convention |
Dover |
August 27, 1776 |
September 21, 1776 |
State Constitution |
State Representative |
Delaware |
Legislature |
New Castle |
October 28, 1776 |
September 22, 1777 |
Speaker |
Chief Justice |
Pennsylvania |
Judiciary |
Philadelphia |
July 28, 1777 |
December 17, 1799 |
State Supreme Court |
State President |
Delaware |
Executive |
New Castle |
September 22, 1777 |
October 20, 1777 |
Acting |
Delegate |
Delaware |
Legislature |
York |
December 17, 1777 |
June 27, 1778 |
Continental Congress |
Delegate |
Delaware |
Legislature |
Philadelphia |
July 2, 1778 |
January 18, 1779 |
Continental Congress |
State Representative |
Delaware |
Legislature |
Dover |
October 20, 1778 |
October 20, 1779 |
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Delegate |
Delaware |
Legislature |
Philadelphia |
January 18, 1779 |
December 22, 1779 |
Continental Congress |
Delegate |
Delaware |
Legislature |
Philadelphia |
December 24, 1779 |
February 10, 1781 |
Continental Congress |
Delegate |
Delaware |
Legislature |
Philadelphia |
February 10, 1781 |
March 1, 1781 |
Continental Congress |
President |
Delaware |
Legislature |
Philadelphia |
March 1, 1781 |
November 4, 1781 |
Confederation Congress [10] |
Delegate |
Delaware |
Legislature |
Philadelphia |
November 5, 1781 |
February 2, 1782 |
Confederation Congress |
Delegate |
Delaware |
Legislature |
Philadelphia |
February 2, 1782 |
November 2, 1782 |
Confederation Congress |
Delegate |
Delaware |
Legislature |
Philadelphia |
November 4, 1782 |
February 1, 1783 |
Confederation Congress |
Delegate |
Pennsylvania |
Convention |
Philadelphia |
1789 |
1790 |
State Constitution |
Governor |
Pennsylvania |
Executive |
Philadelphia |
December 17, 1799 |
December 15, 1802 |
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Governor |
Pennsylvania |
Executive |
Philadelphia |
December 15, 1802 |
December 18, 1805 |
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Governor |
Pennsylvania |
Executive |
Philadelphia |
December 18, 1805 |
December 20, 1808 |
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Delaware General Assembly service |
Dates | Assembly | Chamber | Majority | Governor | Committees | District |
1776/77 |
1st |
State House |
non-partisan |
John McKinly |
Speaker |
New Castle at-large |
1778/79 |
3rd |
State House |
non-partisan |
Caesar Rodney |
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New Castle at-large |
Election results |
Year | Office | State | | Subject | Party | Votes | % | | Opponent | Party | Votes | % |
1799 |
Governor |
Pennsylvania |
|
Thomas McKean |
Republican |
38,036 |
54% |
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James Ross |
Federalist |
32,641 |
46% |
1802 |
Governor |
Pennsylvania |
|
Thomas McKean |
Republican |
47,879 |
83% |
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James Ross |
Federalist |
9,499 |
17% |
1805 |
Governor |
Pennsylvania |
|
Thomas McKean |
Independent |
43,644 |
53% |
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Simon Snyder |
Republican |
38,438 |
47% |
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President of the Continental Congress |
In office November 5, 1781 – November 3, 1782 |
Preceded by |
Thomas McKean |
Succeeded by |
Elias Boudinot |
Born |
April 14, 1721(1721-04-14) near Port Tobacco, Maryland |
Died |
November 22, 1783 (aged 62) Prince George's County, Maryland |
Signature |
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Index to Who Was Really the First President of the United States.
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Who Was Really the First President of the United States?
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the first President of the United States |
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First President |
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