James Iredell
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James Iredell (October 5, 1751 – October 20, 1799) was one of the first
Justices A judge is a person who presides over court proceedings, either alone or as a part of a panel of judges. A judge hears all the witnesses and any other evidence presented by the barristers or solicitors of the case, assesses the credibility an ...
of the Supreme Court of the United States. He was appointed by
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George Washington George Washington (February 22, 1732, 1799) was an American military officer, statesman, and Founding Father who served as the first president of the United States from 1789 to 1797. Appointed by the Continental Congress as commander of ...
and served from 1790 until his death in 1799. His son, James Iredell Jr., was a Governor of North Carolina.


Early life

James Iredell was born in Lewes,
England England is a country that is part of the United Kingdom. It shares land borders with Wales to its west and Scotland to its north. The Irish Sea lies northwest and the Celtic Sea to the southwest. It is separated from continental Europe b ...
, the oldest of five surviving children of Francis Iredell, a
Bristol Bristol () is a city, ceremonial county and unitary authority in England. Situated on the River Avon, it is bordered by the ceremonial counties of Gloucestershire to the north and Somerset to the south. Bristol is the most populous city in ...
merchant and his wife, the former Margaret MucCulloh of Ireland. The failure of his father's business (and health) impelled James to emigrate to the Colonies in 1767 at the age of 17. Relatives assisted him in obtaining a position in the customs service as deputy collector, or comptroller, of the port of Edenton,
North Carolina North Carolina () is a state in the Southeastern region of the United States. The state is the 28th largest and 9th-most populous of the United States. It is bordered by Virginia to the north, the Atlantic Ocean to the east, Georgia and ...
. While working at the customs house, Iredell read law under
Samuel Johnston Samuel Johnston (December 15, 1733 – August 17, 1816) was an American planter, lawyer, and statesman from Chowan County, North Carolina, Chowan County, North Carolina. He represented North Carolina in both the Continental Congress and the Un ...
(later governor of North Carolina), began the practice of law and was admitted to the bar in 1771. The grandson of a clergyman, he was a devout Anglican throughout his life and his writings display an interest in spirituality and metaphysics beyond a simple attachment to organized religion. In 1773, Iredell married Johnston's sister Hannah and the two had four children after twelve childless years. In 1774 he was made collector for the port.


Roles in the Revolution

Although employed by the British government, Iredell was a strong supporter of independence and the revolution. In 1774, he wrote ''To the Inhabitants of Great Britain'' where he laid out arguments opposing the concept of
parliamentary supremacy Parliamentary sovereignty, also called parliamentary supremacy or legislative supremacy, is a concept in the constitutional law of some parliamentary democracies. It holds that the legislative body has absolute sovereignty and is supreme over all ...
over America. This essay established Iredell, then 23, as the most influential political essayist in North Carolina at that time. His treatise ''Principles of an American Whig'' predates and echoes themes and ideas of the
Declaration of Independence A declaration of independence or declaration of statehood or proclamation of independence is an assertion by a polity in a defined territory that it is independent and constitutes a state. Such places are usually declared from part or all of th ...
. After the revolution began, Iredell helped organize the court system of North Carolina, and was elected a judge of the superior court in 1778. His career advanced through a number of political and judicial posts in the state, including that of attorney general from 1779 to 1781. In 1787 the state assembly appointed him commissioner and charged him with compiling and revising the laws of North Carolina. His work was published in 1791 as ''Iredell's Revisal''. Following the Revolution, financial limitations barred his being a delegate to the Philadelphia convention, he corresponded regularly with the North Carolina delegates. Iredell was a leader of the
Federalists The term ''federalist'' describes several political beliefs around the world. It may also refer to the concept of parties, whose members or supporters called themselves ''Federalists''. History Europe federation In Europe, proponents of de ...
in North Carolina, and a strong supporter of the proposed
Constitution A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of entity and commonly determine how that entity is to be governed. When these princ ...
. In the 1788 convention at Hillsborough, he argued unsuccessfully in favor of its adoption. Iredell was the floor leader for the Federalists. (North Carolina later ratified the Constitution after Congress amended it through the addition of the
Bill of Rights A bill of rights, sometimes called a declaration of rights or a charter of rights, is a list of the most important rights to the citizens of a country. The purpose is to protect those rights against infringement from public officials and pr ...
.) After the convention failed to ratify the Constitution, he continued to promote it, joining William R. Davie (the later founder of the
University of North Carolina The University of North Carolina is the multi-campus public university system for the state of North Carolina. Overseeing the state's 16 public universities and the NC School of Science and Mathematics, it is commonly referred to as the UNC Sy ...
), to publish the convention debates at their own expense for distribution across the state.


Supreme Court Justice

On February 8, 1790, President
George Washington George Washington (February 22, 1732, 1799) was an American military officer, statesman, and Founding Father who served as the first president of the United States from 1789 to 1797. Appointed by the Continental Congress as commander of ...
nominated A candidate, or nominee, is the prospective recipient of an award or honor, or a person seeking or being considered for some kind of position; for example: * to be elected to an office — in this case a candidate selection procedure occurs. * ...
Iredell as an
associate justice Associate justice or associate judge (or simply associate) is a judicial panel member who is not the chief justice in some jurisdictions. The title "Associate Justice" is used for members of the Supreme Court of the United States and some sta ...
on the newly established
United States Supreme Court The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
, and on May 10, he was confirmed by the
United States Senate The United States Senate is the upper chamber of the United States Congress, with the House of Representatives being the lower chamber. Together they compose the national bicameral legislature of the United States. The composition and pow ...
. He was sworn into office two days later, on May 12. The case load of the first Supreme Court was light. In fact, the court did not hear its first case until 1791 when it decided ''
West v. Barnes ''West v. Barnes''2 U.S. (2 Dall.) 401 (1791) was the first United States Supreme Court decision and the earliest case calling for oral argument. '' Van Staphorst v. Maryland'' (1791) was docketed prior to ''West v. Barnes'' but settled before the ...
''. The decision was unanimous, but Iredell requested that Congress change the harsh statute governing the West decision. The Justices gathered to hear arguments only twice a year, and there are only a handful of opinions written by Justice Iredell in his years on the court. Of them, two of the most significant are: * ''
Chisholm v. Georgia ''Chisholm v. Georgia'', 2 U.S. (2 Dall.) 419 (1793), is considered the first United States Supreme Court case of significance and impact. Since the case was argued prior to the formal pronouncement of judicial review by ''Marbury v. Madison'' (180 ...
'' (1793): At issue was whether the citizens of one state (
South Carolina )'' Animis opibusque parati'' ( for, , Latin, Prepared in mind and resources, links=no) , anthem = " Carolina";" South Carolina On My Mind" , Former = Province of South Carolina , seat = Columbia , LargestCity = Charleston , LargestMetro = ...
) could sue another state (
Georgia Georgia most commonly refers to: * Georgia (country), a country in the Caucasus region of Eurasia * Georgia (U.S. state), a state in the Southeast United States Georgia may also refer to: Places Historical states and entities * Related to the ...
) for repayment of Revolutionary War bills. Iredell was the lone dissent from the majority opinion that held that a state may be sued in federal court without its consent to the suit. * '' Calder v. Bull'' (1798): At issue was whether an act of the
Connecticut Connecticut () is the southernmost state in the New England region of the Northeastern United States. It is bordered by Rhode Island to the east, Massachusetts to the north, New York to the west, and Long Island Sound to the south. Its capita ...
legislature violated the Constitution because it was an '' ex post facto'' law, forbidden pursuant to Article I, Section 9, Clause 3. In the ''Chisholm'' case, public and political opinion agreed with Iredell against the other Justices. The outcry and strong reaction of people against the Chisholm decision would lead to its reversal by the adoption of the Eleventh Amendment in 1795. In the unanimous decision in ''Calder'', the Court held that the Clause applied to criminal cases only, deciding that the legislature's act was not unconstitutional. More importantly, ''Calder'' raised the question of whether "
principles of natural justice In English law, natural justice is technical terminology for the rule against bias (''nemo iudex in causa sua'') and the right to a fair hearing (''audi alteram partem''). While the term ''natural justice'' is often retained as a general conc ...
" constituted law. Iredell's opinion indicated that only those actions of a state that explicitly violated a textual provision of the Constitution could be declared void. He stated, "The principles of natural justice are regulated by no fixed standard; the ablest and the purest men have differed upon the subject; and all the court could properly say, in such an event, would be, that the legislature (possessed of an equal right of opinion) had passed an act which, in the opinion of the judges, was inconsistent with the abstract principles of natural justice." Scholars have pointed to Iredell's essay '' To The Public'' as one of the clearest and best reasoned defenses of
Judicial Review Judicial review is a process under which executive, legislative and administrative actions are subject to review by the judiciary. A court with authority for judicial review may invalidate laws, acts and governmental actions that are incomp ...
. Justice Iredell's opinion in ''Calder'' helped establish the principle of judicial review five years before it was tested in ''
Marbury v. Madison ''Marbury v. Madison'', 5 U.S. (1 Cranch) 137 (1803), was a landmark U.S. Supreme Court case that established the principle of judicial review in the United States, meaning that American courts have the power to strike down laws and statutes t ...
'' (1803). The Supreme Court has followed Iredell's approach throughout its subsequent history. Iredell's charge to the federal grand jury in ''Fries' Case'' is commonly cited as evidence that the framers' intent was to limit the scope of the
First Amendment First or 1st is the ordinal form of the number one (#1). First or 1st may also refer to: *World record, specifically the first instance of a particular achievement Arts and media Music * 1$T, American rapper, singer-songwriter, DJ, and reco ...
to freedom from
prior restraint Prior restraint (also referred to as prior censorship or pre-publication censorship) is censorship imposed, usually by a government or institution, on expression, that prohibits particular instances of expression. It is in contrast to censorship ...
. He praised
Sir William Blackstone Sir William Blackstone (10 July 1723 – 14 February 1780) was an English jurist, judge and Tory politician of the eighteenth century. He is most noted for writing the '' Commentaries on the Laws of England''. Born into a middle-class family ...
's narrow interpretation of freedom of the press, noted that the framers were very familiar with Blackstone's work, and observed that "unless his explanation had been satisfactory, I presume the amendment would have been more particularly worded, to guard against any possible mistake."


Later years

The Judiciary Act of 1789 divided the United States into 13 districts, each district having a court in one of 13 major cities. It also established three circuits or appeals courts—one each in the eastern, central and southern United States. Unlike the modern Supreme Court sitting together in the capital to decide cases, Supreme Court Justices were required to " ride circuit" or travel to the various circuits, and hear cases and appeals twice each year. Partially due to the heavy burden of travel, Justice Iredell's health failed and he died suddenly on October 20, 1799, in
Edenton, North Carolina Edenton is a town in, and the county seat of, Chowan County, North Carolina, United States, on Albemarle Sound. The population was 4,397 at the 2020 census. Edenton is located in North Carolina's Inner Banks region. In recent years Edenton has be ...
. He was 48.


Slavery

Iredell mirrored contemporaries like
Thomas Jefferson Thomas Jefferson (April 13, 1743 – July 4, 1826) was an American statesman, diplomat, lawyer, architect, philosopher, and Founding Father who served as the third president of the United States from 1801 to 1809. He was previously the natio ...
and
George Washington George Washington (February 22, 1732, 1799) was an American military officer, statesman, and Founding Father who served as the first president of the United States from 1789 to 1797. Appointed by the Continental Congress as commander of ...
in openly condemning slavery while participating in the practice itself. Iredell owned 14 slaves in 1786, and he and his wife Hannah both owned slaves at the time of their deaths. As a lawyer, Iredell assisted in both abolitionist and pro-slavery cases. In 1777, Iredell and his friend
William Hooper William Hooper (June 28, 1742 October 14, 1790) was an American Founding Father, lawyer, and politician. As a member of the Continental Congress representing North Carolina, Hooper signed the Continental Association and the Declaration of ...
provided legal assistance to more than 40 former slaves emancipated by the Quakers in northeastern North Carolina after the 1777 North Carolina General Assembly ordered the former slaves' seizure and resale. In 1769, Iredell assisted his father, Thomas, in selling a runaway slave and requested herring and red-oak staves as part of the proceeds. In his legal practice, Iredell facilitated the sale of slaves for clients.


Opinions on the Slave Trade Clause

Iredell addressed Virginian delegate
George Mason George Mason (October 7, 1792) was an American planter, politician, Founding Father, and delegate to the U.S. Constitutional Convention of 1787, one of the three delegates present who refused to sign the Constitution. His writings, including ...
's objection to Article One, Section 9, Clause 1 of the US
Constitution A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of entity and commonly determine how that entity is to be governed. When these princ ...
("Slave Trade Clause") on grounds of practicality. Iredell believed that the Constitution would not be ratified by
South Carolina )'' Animis opibusque parati'' ( for, , Latin, Prepared in mind and resources, links=no) , anthem = " Carolina";" South Carolina On My Mind" , Former = Province of South Carolina , seat = Columbia , LargestCity = Charleston , LargestMetro = ...
nor
Georgia Georgia most commonly refers to: * Georgia (country), a country in the Caucasus region of Eurasia * Georgia (U.S. state), a state in the Southeast United States Georgia may also refer to: Places Historical states and entities * Related to the ...
without the inclusion of the Slave Trade Clause, writing, "Our situation...makes it necessary to bear the evil as it is." While Iredell believed "the interests of humanity" would be advanced through abolition, that slave trade existed too long "for the honor and humanity of those concerned in it," and that its abolition would be "pleasing to every generous mind, and every friend of human nature," he nonetheless believed the ratification of the Constitution would provide a pathway for abolition in the long-term, and that, unless they were beholden to the Constitution, states such as South Carolina and Georgia would never pursue the path of abolition. Therefore, "'though at a distant period,' the provisions for the abolition of the slave trade would 'set an example of humanity.'" In the time between ratification of the Constitution and abolition, Iredell wrote, "judgement upon slavery in the United States must rest between the individuals' consciousnesses and God."


Slavery in his personal life

Iredell owned slaves throughout his life. In 1786, Iredell reported owning 14 slaves. Though some surviving records of Iredell's slaves are partly illegible, names of slaves Iredell owned during his lifetime include Peter, Sarah (Peter's wife), Edy, Dundee, and Hannibal. Iredell's brother, Arthur, intended to bequeath slaves he inherited from their father, Thomas, to James after their father's death. However, the transaction fell through, and James transferred the title for the slaves to Arthur. During his lifetime, James Iredell freed some of his slaves, including Peter, Edy, and Dundee, and visited them in subsequent years in Philadelphia. Scholars consider Iredell a "humane master", based upon surviving writings. However, James Iredell and his wife Hannah both owned slaves at the time of their deaths.


Peter

In his biography of James Iredell, judicial historian Willis Whichard notes Iredell's close relationship with one of his slaves, Peter. Peter regularly traveled with Iredell before gaining his freedom, and was subsequently hired by Iredell. After Peter gained his freedom, Iredell praised a hired servant, David, by comparing him to Peter's performance. In 1793, when the Iredell family moved from Philadelphia to Edenton, North Carolina, Iredell freed Peter along with 2 other slaves, Edy and Dundee. Peter became a woodcutter after gaining his freedom. He was regularly hired by Iredell when Iredell returned to visit Philadelphia and, on one occasion, check on Hannah Iredell's nephew, James Johnston.


Legacy

Iredell County, North Carolina Iredell County is a county located in the U.S. state of North Carolina. As of the 2020 census, the population was 186,693. Its county seat is Statesville, and its largest town is Mooresville. The county was formed in 1788, subtracted from R ...
, was established in 1788 and was named for Iredell. , a ship in World War II, was named after him. The
James Iredell House The James Iredell House is a historic home located at Edenton, Chowan County, North Carolina. The original section was built 1800, and expanded to its present configuration about 1827. It is a two-story, "L"-shaped frame dwelling with Georgian ...
at Edenton was listed on the
National Register of Historic Places The National Register of Historic Places (NRHP) is the United States federal government's official list of districts, sites, buildings, structures and objects deemed worthy of preservation for their historical significance or "great artistic ...
in 1970.


In popular culture

James Iredell is featured as a character in '' A More Obedient Wife: A Novel of the Early Supreme Court'', a historical novel by
Natalie Wexler Natalie L. Wexler is an American education writer focusing on literacy and equity issues. Background and Career Wexler is a graduate of the Bryn Mawr School in Baltimore and Radcliffe College ( A.B. 1976, magna cum laude), where she wrote for th ...
focused on his wife, Hannah, and her friend Hannah Wilson.


See also

*
List of justices of the Supreme Court of the United States The Supreme Court of the United States is the highest-ranking judicial body in the United States. Its membership, as set by the Judiciary Act of 1869, consists of the chief justice of the United States and eight associate justices, any six of ...


References


Sources

*


Further reading

* * * Flanders, Henry
''The Lives and Times of the Chief Justices of the United States Supreme Court''
Philadelphia: J. B. Lippincott & Co., 1874 at
Google Books Google Books (previously known as Google Book Search, Google Print, and by its code-name Project Ocean) is a service from Google Inc. that searches the full text of books and magazines that Google has scanned, converted to text using optical ...
. * * * * *


External links


Guide to the James Iredell Sr., and James Iredell Jr., papers 1724-1890 and undated
Rubenstein Rare Book & Manuscript Library, Duke University.


North Carolina History Project
, - {{DEFAULTSORT:Iredell, James 1751 births 1799 deaths 18th-century American Episcopalians 18th-century American judges British emigrants to the Thirteen Colonies North Carolina Attorneys General North Carolina Federalists North Carolina state court judges People from Lewes United States federal judges appointed by George Washington Candidates in the 1796 United States presidential election Justices of the Supreme Court of the United States United States federal judges admitted to the practice of law by reading law People from Edenton, North Carolina