Memorial of the New York State Bar on the Death of John Jay, 19 May 1829
Memorial of the New York State Bar on the Death of John Jay
[19 May 1829]
SUPREME COURT
On the opening of the Supreme Court yesterday morning, Mr. David B. Ogden1 rose and said he would take the liberty to announce to the Court the death of John Jay. It was not his intention to pronounce the eulogy of the deceased. The Court and all who heard him well knew the splendid services which he had rendered to his country. He was a member of the Convention who formed the Constitution of this State at the organization of the government; he was the first Chief Justice of this Court, under that Constitution, and discharged the duties of the office with fidelity and ability, until sent abroad by the Government of the United States, to secure and protect its interests in Europe. On his return, he received the appointment of Chief Justice of the Supreme Court of the United States, and continued in that office until elected Governor of this State; and in every station that he occupied, he felt himself authorized to say that more talent, more zeal, more patriotism, and greater purity had never been exhibited by a pubic functionary than by John Jay. As a tribute of respect to his memory, he moved that the Court do adjourn.
Mr. D. S. Jones2 said he rose to second the motion. He was prompted to do so not only by his feelings of respect for the public character of the deceased, which demanded all that had been said, but by his veneration for is private character; whilst living, he had felt towards him the strongest attachment, having for many years been a member of his family and witnessed his domestic virtues, and the purity of his private life.
Chief Justice Savage3 observed it was due to the memory of John Jay, that this respect should be paid—and directed the Court to adjourn until tomorrow.
At a meeting of the Bar of the State of New-York, now attending the Supreme Court, in the room occupied by the Justices of the Superior Court, in the City Hall of the City of New York, the 19th day of May, 1829.
The Supreme Court on being informed of the death of the venerable John Jay, immediately adjourned for the day. It was agreed by the gentlemen present, that they immediately form themselves into a meeting for the purpose of expressing their sentiments on this melancholy occasion.
On motion of D. S. Jones, Esq. seconded by Gen. Tallmadge, D. B. Ogden, Esq. was called to the chair, and the like motion John Sudam, Esq. was appointed Secretary.4
The purpose of the meeting having been stated by D. S. Jones, Esq.— on his motion it was resolved that a committee of six be appointed by the Chairman, to draft such resolutions, as should seem to them suitable to the occasion; and that they report to this meeting at this place, this day at 5 o’clock, P. M.
The Chairman nominated, Greene D. Bronson, Attorney General, James Tallmadge, J. A. Spencer, D. S. Jones, G. Griffin, and J. I. Roosevelt, to this committee.
On the motion of Gen. Tallmadge, seconded by D. S. Jones, Esq. it was resolved, that the Chairman and Secretary communicate to the Judges of the Superior Court, and Court of Common Pleas, the death of Mr. Jay—that the Justices of the Supreme Court had, on its being communicated to them, adjourned for the day, and the proceedings of this meeting, and that this meeting stand adjourned until 5 o’clock, P. M. at the same place, where the gentlemen of the Bar are respectfully requested to attend.
The meeting then adjourned until 5 o’clock this day.
D. B. OGDEN, Chairman.
JOHN SUDAM, Secretary
City Hall, New York,
Tuesday, May 19, 1829, Five O’clock, P. M.
The Bar of the State of New-York, now attending the sitting of the Supreme Court, met pursuant to their adjournment.
D. B. OGDEN, Chairman.
John Sudam, Secretary.
James Tallmadge, Esq., Chairman of the Committee appointed this morning, reported the following Preamble and Resolutions, which were unanimously adopted.
The Committee respectfully report:—
That the recent decease of the late venerable JOHN JAY is the cause of deep grief, and the present engrossing subject of private and public feeling.
John Jay was a native of our State, and a member of this Bar. The events of the American Revolution called him early into public life. His inherent love of political and religious liberty, made him an early and active agent in laying the foundations of this nation; of which he soon became one of the firmest, and continued one of its fairest pillars. In 1777, he was appointed the first Chief Justice of this state, under the constitution which he had eminently contributed to frame, and most of which was drafted by his pen. He was a member of the first Congress of the United States, and bore a conspicuous part in all its important duties, and presided for some time over the deliberations of that body. The exigencies of this nation required and commanded his great talents, discretion, firmness and skill, in various interesting and important duties during the Revolutionary struggle. At times, as Chairman of the Committee of Public Safety, he secured the domestic tranquility, and at other times he was employed in important foreign missions and diplomatic trusts. He bore a prominent part in the negotiations for our Independence as a nation, and the ultimate treaty of peace. He continued to represent his country at foreign courts for a number of years. He was, shortly after his return, called to preside as Chief Justice of the Supreme Court of the United States, which place he afterwards left to accept the Executive Chair of the State of New York. When he had performed that last and highest duty to his native State, he declined all further judicial or political employment, and retired to the calm shade of domestic retreat, where the evening of his days was spent in social and benevolent intercourse, and in the signal observance of that religion which had been the bright beam of the morning and the evening of his life; the rights and toleration of which he had secured to this people, in one of the most important articles of our Constitution.
There is no place more fit, and no persons are more willing to express their sincere feelings on this occasion, than this Bar, where the talents and acquirements of the deceased were so early and so often displayed. Therefore,
Resolved, That the members of this Bar are impressed with deep grief upon the decease of their illustrious brother, John Jay. They find, however, a consolation in the reflection that his conduct through a long and useful life, has given a lustre to our profession, and to this Bar; and that while his character for private virtues and public worth has justly endeared him to the nation, his patriotism, his great talents as a statesman, and his great acquirements as a jurist—his eminent piety as a Christian, and probity as a man, all unite to present him to the public as an example whose radiance points to the attainment of excellence.
Resolved, That in respect for the character of the deceased, the members of this Bar will wear crape during the period of thirty days.
Resolved, That the Chairman and Secretary are desired to transmit a copy of the proceedings of this meeting to the family of the deceased.
Resolved, That the proceedings be signed by the Chairman and Secretary, and published in the different newspapers of this city.5
D. B. OGDEN, Chairman
John Sudam, Secretary
PtD, Commercial Advertiser (New York), 20 May 1829. Reprinted: American (New York), 20 May; Daily Chronicle (Philadelphia), 21 May; Daily National Intelligencer (Washington, D. C.), 25 May; Charleston Courier, 28 May; Albany Argus, 26 May; New-York Mirror, 6 (30 May 1829): 375; HPJ, 4: 517–18.
1. David Bayard Ogden (1775–1849), lawyer and nephew of Gouverneur Morris.
2. David S. Jones (1777–1848), lawyer, son of Samuel Jones, and secretary to JJ during his term as governor. While secretary, he resided with the Jays in Albany. See JJ to John H. Remsen, 12 May 1796, and Proclamation regarding Quarantine, [27 Apr. 1797], , 6: 462n1, 553n3.
3. John Savage (1779–1863), chief justice of the New York Supreme Court from 1823 to 1837.
4. James Tallmadge Jr. (1778–1853), lawyer, general, and politician. John Sudam (1782–1835), lawyer and politician, brother-in-law of Tallmadge.
5. For more public and private reactions to JJ’s death, see the editorial note “The Death of John Jay,” above.