The tale of an often overlooked American founding father is told with impressive detail by historian Walter Stahr. John Jay: Founding Father sketches out the life of a man who was a giant in colonial, New York, Federalist, and early U.S. politics. Its relentlessly compelling storytelling places events against the backdrop of a country trying to decide its future direction once friction with Great Britain arises.
The book tells of John’s rise through King’s College in the 1760s alongside other individuals who would go on to play major roles in the early days of America’s nationhood a decade later. He would rub elbows with fellow New Yorkers William and Robert Livingston (his future law partner) while attending college there, men whose family name was a pillar in New York state politics. John would go on to wed a Livingston-Mary-from that august family in 1774.
His growing law practice was crowded out once John began to take on political duties. The closing of Boston Harbor after the tea party caused major blowback in the colonies and growing tension with Parliament, and it was around this period when John began to get involved in the political sphere. Working with New Yorkers stalwarts like William Duane and Peter van Schaack, he sought to find a middle ground with a Britain he still wanted to remain connected to.
Respected for his abilities, Jay soon was nominated to attend the Continental Congress in Philadelphia as relations with the mother country continued to spiral downward. He would eventually help write the draft of the paper which, thanks to John Dickinson, would become the Olive Branch Petition attempting to urge reconciliation with the King of England.
During 1774-1775 Jay was often seen as one of the more conservative members of the colonial leadership. He was cautious about fully separating from Britain until a stint in the Provincial Congress in White Plains, during which time he backed the recently written Declaration of Independence by stating he and his colleagues “approve the same, and will, at the risk of our lives and fortunes, join with the other colonies in supporting it.”
In 1778 Jay would serve as New York Supreme Court Justice and President of the Continental Congress. It was during his time in the latter post that he became friends with George Washington. Jay was already becoming close with Alexander Hamilton, linking him to two of the top Federalists of the late eighteenth century. His time as Continental Congress President saw Jay dealing with everything from funding for the army to a boundary dispute between Vermont and New York.
He would not just serve the cause of independence domestically. In 1780 Jay was dispatched to Spain in an effort to gain that country as an ally against Britain, a task which he had to sync up with Benjamin Franklin’s ongoing efforts in Paris to ensure France stayed a backer of American independence. He had a largely miserable experience in Spain, with men like Minister Floridablanca giving him the runaround on a routine basis.
From Madrid, Jay then headed to Paris once word was reached of the peace conference set to begin there following the battle of Yorktown and Britain’s willingness to negotiate.
Working alongside Benjamin Franklin, John Adams, and Britain’s negotiator Richard Oswald, Jay did some of his most productive work while in Europe during the 1783 Paris Peace Conference. Walter Stahr writes about these negotiations with the depth of a historian who really did his background work, with the characters fluidly coming in and out of the negotiations. Trade relations and fisheries were the sort of seemingly mundane matters which had to be ironed out before Britain would decide to call it quits.
There were other issues which Britain would later accuse America of bad faith on, particularly when it came to restoring what was seized from Loyalists during the war. When Americans later tried to charge Britain with violating the treaty by demanding Britain abide by its terms and abandon their forts in the western territories, Britain turned around and said America had to first make good on their promises to make good on their own promise to compensate Loyalists. Jay would later concede that the British were actually right to accuse Americans of bad faith in not following through on this promise.
Jay would go on to serve as the Secretary of Foreign Affairs In the interim Articles of Confederation years between the end of the Revolutionary War and the start of Washington's first term in 1789.
According to Stahr, he would lay the groundwork for the idea that the Constitution is the supreme law of the land, but in 1786 this was considered “radical, for most people considered the state legislatures as the only bodies authorized to make laws. Jay presaged not only the Supremacy Clause; he suggested the novel concept that both the national and the state governments could be sovereign, in their separate ways.”
During these interim years, he also teamed up with Alexander Hamilton to draft the Federalist Papers. These were written to convince the New York legislature to ratify the new federal Constitution, and Jay set himself on the side of those who, like Hamilton, wanted a powerful central government. He played a major role at the Constitutional Convention, working with Federalists and antifederalists alike to find compromises so a palatable final version could be created.
It truly is astounding to see just how much Jay accomplished on behalf of this new country. He seems omnipresent in the last quarter century of the 1700s, making huge contributions in domestic and foreign policy. He was even appointed the nation’s first Supreme Court Justice, a position he would hold from 1790-1795.
Although the judicial branch was still in flux and its role would not become concrete until John Marshall’s time as Chief Justice, Chapter 12 in the book nevertheless lays out the major precedents he set as the first person to lead the court beginning on February 1st, 1790. The work at this juncture was a lot of boilerplate stuff; much of it dealt with matters like pensions owed to Revolutionary War veterans. But he also helped establish the precedent that the court would not decide abstract political questions but only concrete cases.
As the French Revolution spun out of control in France, Jay’s colors shone through in terms of the limits he felt should be placed on democracy. While no believer in a monarchy, he would compare pure democracy to pure rum in its intoxicating qualities “and with a thousand mad pranks and fooleries.”
Jay actually stood for election to New York governorship in 1792, a close race which he narrowly lost to George Clinton. This illustrated how the role of a Supreme Court justice has evolved, as a justice running for public office while on the bench would be a no-go in modern politics.
Perhaps his most controversial accomplishment would be the 1794 Jay Treaty. This commercial treaty with America’s former master was at first highly controversial in the United States, due in no small part due to the pro-British inclinations many felt Jay and other Federalists held. Stahr indicates that once the initial furor died down, however, the positives in this treaty were seen by many sober Americans. The book points out that this treaty “Avoided a disastrous war with Britain” for which America was ill-prepared in 1794.
The book notes that Jay “was not as gifted an author as Thomas Jefferson or Thomas Paine, but his political papers…helped define and inspire the nation. His year as President of the Continental Congress was not a good year from the Congress, but perhaps his tact prevented even more damage. During his five years as Secretary Foreign Affairs, he provided crucial continuity and solidity to the Confederation government. His prominent anti-slavery stance (although he owned them himself) helped not only to end slavery in New York but also to establish the moral foundation for its end throughout America. He did not make the Supreme Court the power it would become under John Marshall, but he helped define what federal courts could do, such as review statutes for constitutionality…”
The sheer amount he contributed to shaping what the United States would become certainly ranks him with John Marshall and Alexander Hamilton alongside other non-presidents in the contributions to republicanism department.
John Jay: Founding Father is really a spectacular book. It places its subject in his time and place and shows how the ballast provided by a small group of men helped prevent the project of early America from going off the rails. Readers will come away with a solid understanding of just how much Jay did to both ensure independence, a just peace after the war, and the strong foundation a growing United States would be constructed on.
This nonfiction work is deserving of five stars, a credit to its author and the man he brings to life in the book's pages.
-Andrew Canfield Denver, Colorado