Robert Yates (politician)
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Robert Yates (January 27, 1738 – September 9, 1801) was an American
politician A politician is a person active in party politics, or a person holding or seeking an elected office in government. Politicians propose, support, reject and create laws that govern the land and by an extension of its people. Broadly speaking, a ...
, attorney,
jurist A jurist is a person with expert knowledge of law; someone who analyses and comments on law. This person is usually a specialist legal scholar, mostly (but not always) with a formal qualification in law and often a legal practitioner. In the Uni ...
, and surveyor. As a delegate representing
New York New York most commonly refers to: * New York City, the most populous city in the United States, located in the state of New York * New York (state), a state in the northeastern United States New York may also refer to: Film and television * '' ...
at the Constitutional Convention in 1787, Yates is considered a
Founding Father of the United States The Founding Fathers of the United States, known simply as the Founding Fathers or Founders, were a group of late-18th-century American revolutionary Patriots, also known as Revolutionaries, Continentals, Rebels, or American Whigs, were t ...
. Best known as a leader of the
Anti-Federalist Anti-Federalism was a late-18th century political movement that opposed the creation of a stronger U.S. federal government and which later opposed the ratification of the 1787 Constitution. The previous constitution, called the Articles of Con ...
movement, he was the presumed author of political essays published in 1787-1788 under the pseudonyms "Brutus" and "Sydney". The essays opposed the
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 Legal entity, entity and commonly determine how that entity is to be governed. When ...
based on the scope of the national government and the diminished sovereignty of the states. Yates also served as chief justice of the
New York Supreme Court The Supreme Court of the State of New York is the trial-level court of general jurisdiction in the New York State Unified Court System. (Its Appellate Division is also the highest intermediate appellate court.) It is vested with unlimited civ ...
from 1790-1798.


Early life

Robert Yates was born January 27, 1738, in
Schenectady, New York Schenectady () is a city in Schenectady County, New York, United States, of which it is the county seat. As of the 2020 census, the city's population of 67,047 made it the state's ninth-largest city by population. The city is in eastern New Y ...
, the oldest of twelve children of merchant Joseph Yates and Maria (
née A birth name is the name of a person given upon birth. The term may be applied to the surname, the given name, or the entire name. Where births are required to be officially registered, the entire name entered onto a birth certificate or birth re ...
Dunbar) Yates. Among his large family was uncle Abraham Yates Jr., who served as mayor of Albany in the 1790s and cousin Peter Waldron Yates, who was a
Continental Congress The Continental Congress was a series of legislative bodies, with some executive function, for thirteen of Britain's colonies in North America, and the newly declared United States just before, during, and after the American Revolutionary War. ...
man and
New York State Assembly The New York State Assembly is the lower house of the New York State Legislature, with the New York State Senate being the upper house. There are 150 seats in the Assembly. Assembly members serve two-year terms without term limits. The Assem ...
man. His paternal grandparents were Christoffel Yates, a prosperous farmer and blacksmith, and (née Winne) Yates. He learned the craft of the surveyor and then decided to pursue a career in
law Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its precise definition a matter of longstanding debate. It has been vario ...
. After clerking for
William Livingston William Livingston (November 30, 1723July 25, 1790) was an American politician who served as the first governor of New Jersey (1776–1790) during the American Revolutionary War. As a New Jersey representative in the Continental Congress, he sig ...
in New York City, in 1760 he was licensed to practice on his own.


Career

Surveying supplemented Yates' attorney's income as he made a number of important land maps during the 1760s. He drew the first civilian
map A map is a symbolic depiction emphasizing relationships between elements of some space, such as objects, regions, or themes. Many maps are static, fixed to paper or some other durable medium, while others are dynamic or interactive. Although ...
of Albany in 1770. He also relied on
patronage Patronage is the support, encouragement, privilege, or financial aid that an organization or individual bestows on another. In the history of art, arts patronage refers to the support that kings, popes, and the wealthy have provided to artists su ...
from the Albany Corporation through his uncle, alderman Abraham Yates Jr. In 1771, he was elected to the Common Council as an
alderman An alderman is a member of a Municipal government, municipal assembly or council in many Jurisdiction, jurisdictions founded upon English law. The term may be titular, denoting a high-ranking member of a borough or county council, a council membe ...
for the second ward. In those years he served on a number of committees, provided legal advice, and stepped forward to compile and issue the first published version of the "Laws and Ordinances of the City of Albany" in 1773.


Revolutionary War

From the beginning of the struggle for
American independence The American Revolution was an ideological and political revolution that occurred in British America between 1765 and 1791. The Americans in the Thirteen Colonies formed independent states that defeated the British in the American Revoluti ...
, although he did not sign the Albany Sons of Liberty constitution of 1766, he was prominent in the local resistance to the Stamp Act. By 1774, he had joined the Albany
Committee of Correspondence The committees of correspondence were, prior to the outbreak of the American Revolutionary War, a collection of American political organizations that sought to coordinate opposition to British Parliament and, later, support for American independe ...
and stood among its first members when the committee's activities became public in 1775. At that time, he was still a member of the Albany common council – although its activities were being replaced by the extra-legal Committee of Correspondence, Safety and Protection. He represented the second ward on the committee and was in close contact with it from his subsequent offices until it ceased operations in 1778. At the same time, he also served as secretary of the Board of Indian Commissioners – a post that required him to travel to the
frontier A frontier is the political and geographical area near or beyond a boundary. A frontier can also be referred to as a "front". The term came from French in the 15th century, with the meaning "borderland"—the region of a country that fronts o ...
. Beginning in the spring of 1775, Yates was elected to represent Albany in each of the four
New York Provincial Congress The New York Provincial Congress (1775–1777) was a revolutionary provisional government formed by colonists in 1775, during the American Revolution, as a pro-American alternative to the more conservative New York General Assembly, and as a repla ...
es. The first three met in New York, while the last one, convened after 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 the ...
, met under duress in locations throughout the
Hudson Valley The Hudson Valley (also known as the Hudson River Valley) comprises the valley of the Hudson River and its adjacent communities in the U.S. state of New York. The region stretches from the Capital District including Albany and Troy south to ...
. In 1776–77, he served on the committee that drafted the first New York State Constitution and also was a member of the "Secret Committee for Obstructing Navigation of the Hudson." On May 8th 1777, Yates was appointed to the
New York Supreme Court The Supreme Court of the State of New York is the trial-level court of general jurisdiction in the New York State Unified Court System. (Its Appellate Division is also the highest intermediate appellate court.) It is vested with unlimited civ ...
.


Later years

After the war ended, although principally an associate justice of the state Supreme Court, Yates maintained a modest legal practice and continued surveying as well. During the 1780s, his political star continued to rise in the "party" of Governor George Clinton as he spoke in opposition to the expansion of the scope of a national government. In 1787, he was appointed with
John Lansing Jr. John Ten Eyck Lansing Jr. (January 30, 1754 – vanished December 12, 1829), a Founding Father of the United States, was an Attorney at law, attorney, Judge, jurist, and politician. Born and raised in Albany, New York, Lansing was trained as a ...
and
Alexander Hamilton Alexander Hamilton (January 11, 1755 or 1757July 12, 1804) was an American military officer, statesman, and Founding Father who served as the first United States secretary of the treasury from 1789 to 1795. Born out of wedlock in Charlest ...
to represent New York at the
Philadelphia Convention The Constitutional Convention took place in Philadelphia from May 25 to September 17, 1787. Although the convention was intended to revise the league of states and first system of government under the Articles of Confederation, the intention fr ...
to revise the
Articles of Confederation The Articles of Confederation and Perpetual Union was an agreement among the 13 Colonies of the United States of America that served as its first frame of government. It was approved after much debate (between July 1776 and November 1777) by ...
. Arriving in Philadelphia, Yates and Lansing felt the mood of the convention to produce an entirely new form of government was beyond their authority. After sending a letter to Governor Clinton urging opposition to the new
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 Legal entity, entity and commonly determine how that entity is to be governed. When ...
, they returned home. Yates's personal notes from the Philadelphia convention were published in 1821. In 1788, Yates was elected as an anti-federalist delegate to the New York State ratifying convention at Poughkeepsie, and worked against adoption of the Constitution. Among the leading anti-federalists who attended the Poughkeepsie Convention, he was the most vocal delegate in support of protecting individual liberties. After the Poughkeepsie Convention ratified the Constitution with an accompanying request for amendments to protect individual liberties, Yates pledged his support as a matter of patriotic duty. In 1789, he ran for governor against George Clinton with the support of the
Anti-Federalists Anti-Federalism was a late-18th century political movement that opposed the creation of a stronger U.S. federal government and which later opposed the ratification of the 1787 Constitution. The previous constitution, called the Articles of Con ...
, who viewed him as a reasonable, potentially kindred spirit who was not from a wealthy family. He was defeated by Governor Clinton. Approached by the Federalists again in 1792, Yates refused to run citing the financial drain caused by past politicking. In the
gubernatorial A governor is an politician, administrative leader and head of a polity or Region#Political_regions, political region, ranking under the Head of State, head of state and in some cases, such as governor-general, governors-general, as the head of ...
campaign of 1795, considerable sentiment existed for Yates's candidacy as he was firmly established in the center of the former Anti-Federal party. John Jay defeated him in a close election, effectively ending Yates's political career. By then, he already had devoted himself to the law. In September 1790, Yates was chosen Chief Justice of the New York State Supreme Court. He served until the mandatory retirement age of sixty in 1798. Unlike many "new men of the Revolution," he did not attain great wealth and retired to his middling Albany home.


Personal life

In 1765, he married Jannatte "Jane" Van Ness (1741–1818) and settled in
Albany, New York Albany ( ) is the capital of the U.S. state of New York, also the seat and largest city of Albany County. Albany is on the west bank of the Hudson River, about south of its confluence with the Mohawk River, and about north of New York City ...
. Jane was a sister of Judge Peter Van Ness of Kinderhook. Among her extended family was nephews
John Peter Van Ness Johannes Petrus "John Peter" Van Ness (November 4, 1769 – March 7, 1846) was an American politician who served as a U.S. Representative from New York from 1801 to 1803 and Mayor of Washington, D.C. from 1830 to 1834. Early life Van Nes ...
,
William P. Van Ness William Peter Van Ness (February 13, 1778 – September 6, 1826) was a United States federal judge, United States district judge of the United States District Court for the District of New York and the United States District Court for the Souther ...
, and
Cornelius P. Van Ness Cornelius Peter Van Ness (January 26, 1782 – December 15, 1852) was an American politician and diplomat who served as the tenth governor of Vermont from 1823 to 1826 and Envoy Extraordinary and Minister Plenipotentiary to the Kingdom of Spain f ...
. The couple had six children, including: * John Van Ness Yates (1779–1839), who served as the
Secretary of State of New York The secretary of state of New York is a cabinet officer in the government of the U.S. state of New York (state), New York who leads the New York State Department of State, Department of State (NYSDOS). The current secretary of state of New York ...
from 1818 to 1826. He died in
Albany, New York Albany ( ) is the capital of the U.S. state of New York, also the seat and largest city of Albany County. Albany is on the west bank of the Hudson River, about south of its confluence with the Mohawk River, and about north of New York City ...
on September 9, 1801, at age 63. He was originally buried at St. Peter's Cemetery, and later reinterred at
Albany Rural Cemetery The Albany Rural Cemetery was established October 7, 1844, in Colonie, New York, United States, just outside the city of Albany, New York. It is renowned as one of the most beautiful, pastoral cemeteries in the U.S., at over . Many historical A ...
.


Notes


External links


Notes of the Secret Debate of the Federal Convention of 1787, Taken by Robert Yates
* {{DEFAULTSORT:Yates, Robert 1738 births 1801 deaths New York (state) Anti-Federalists Politicians from Schenectady, New York New York Supreme Court Justices 18th-century American politicians 18th-century American judges