James A. Bayard (politician, Born 1767)
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James Asheton Bayard Sr. (July 28, 1767 – August 6, 1815) was an American
lawyer A lawyer is a person who is qualified to offer advice about the law, draft legal documents, or represent individuals in legal matters. The exact nature of a lawyer's work varies depending on the legal jurisdiction and the legal system, as w ...
and politician from
Wilmington, Delaware Wilmington is the List of municipalities in Delaware, most populous city in the U.S. state of Delaware. The city was built on the site of Fort Christina, the first Swedish colonization of the Americas, Swedish settlement in North America. It lie ...
. He was a member of the
Federalist Party The Federalist Party was a conservativeMultiple sources: * * * * * * * * and nationalist American political party and the first political party in the United States. It dominated the national government under Alexander Hamilton from 17 ...
, who served as U.S. Representative from Delaware and U.S. Senator from Delaware.


Early life and family

Bayard was born in
Philadelphia, Pennsylvania Philadelphia ( ), colloquially referred to as Philly, is the List of municipalities in Pennsylvania, most populous city in the U.S. state of Pennsylvania and the List of United States cities by population, sixth-most populous city in the Unit ...
, son of Dr. James Asheton Bayard and Ann Hodge. The Bayards descended from a sister of Dutch Director-General Petrus Stuyvesant and came to Bohemia Manor, Cecil County, Maryland in 1698. Bayard was also of French Huguenot and English ancestry as well. Upon the premature death of his parents, the younger James went to live with his uncle, Colonel John Bubenheim Bayard, in Philadelphia. He graduated from Princeton College in 1784, studied law under General Joseph Reed and Jared Ingersoll, was admitted to the Delaware Bar in 1787, and began a practice in Wilmington, Delaware. Bayard married February 11, 1795, Ann or Nancy Bassett, the daughter of wealthy Delaware lawyer and U.S. Senator Richard Bassett. They had six children,
Richard Richard is a male given name. It originates, via Old French, from compound of the words descending from Proto-Germanic language">Proto-Germanic ''*rīk-'' 'ruler, leader, king' and ''*hardu-'' 'strong, brave, hardy', and it therefore means 'st ...
, Caroline, James Jr., Edward, Mary, and Henry M. and lived on the southwest corner of 3rd and French Street in Wilmington, where they owned slaves.


U.S. House of Representatives

Bayard was first elected to the U.S. House of Representatives in 1796, and served there for three terms, from March 4, 1797, until March 3, 1803. While in the U.S. House, "he was distinguished as an orator and constitutional lawyer and became a leader of the party in the house." He especially distinguished himself as one of the
impeachment manager An impeachment manager is a legislator appointed to serve as a prosecutor in an impeachment trial. They are also often called "House managers" or "House impeachment manager" when appointed from a legislative chamber that is called a "House of Repr ...
s appointed in 1798 in the
impeachment Impeachment is a process by which a legislative body or other legally constituted tribunal initiates charges against a public official for misconduct. It may be understood as a unique process involving both political and legal elements. In Eur ...
proceedings against William Blount, a U.S. Senator from Tennessee. Blount was accused of inciting the Creeks and Cherokees to help the British take New Orleans from the Spanish. While the U.S. House impeached him, under Bayard's leadership, the United States Senate dropped the charges in 1799 on the grounds that no further action could be taken beyond his dismissal. This set an important precedent for the future with regard to the limitations on actions which could be taken by U.S. Congress against its members and former members. Bayard also played an important part in the U.S. presidential election of 1800. With the vote tied in the Electoral College, it was a group of Federalists led by Bayard who broke the deadlock by agreeing to allow the election of Thomas Jefferson by the House of Representatives. When it seemed the Federalists were about to vote for
Aaron Burr Aaron Burr Jr. (February 6, 1756 – September 14, 1836) was an American politician, businessman, lawyer, and Founding Fathers of the United States, Founding Father who served as the third vice president of the United States from 1801 to 1805 d ...
, Bayard is believed to have followed the advice of
Alexander Hamilton Alexander Hamilton (January 11, 1755 or 1757July 12, 1804) was an American military officer, statesman, and Founding Fathers of the United States, Founding Father who served as the first U.S. secretary of the treasury from 1789 to 1795 dur ...
and persuaded his Federalist colleagues to abstain from voting. It was also believed he struck a deal with the incoming Jefferson, to refrain from the wholesale removal of Federalists from appointed positions. The young Bayard enlisted Representative
Samuel Smith (Maryland politician) Samuel Smith (July 27, 1752April 22, 1839) was an American Senator and Representative from Maryland, a mayor of Baltimore, Maryland, and a general in the Maryland militia. He was the older brother of cabinet secretary Robert Smith. Smith ser ...
to negotiate with Jefferson on Federalist control of the Philadelphia and Wilmington custom offices. Jefferson subsequently permitted the Federalist officeholders to retain their posts. Just before John Adams left office as U.S. president he used the provisions of the
Judiciary Act of 1801 The Midnight Judges Act (also known as the Judiciary Act of 1801; , and officially An act to provide for the more convenient organization of the Courts of the United States) expanded the federal judiciary of the United States. The act was supporte ...
to make many "midnight" judicial appointments. Among those was Bayard's father-in-law, Richard Bassett. Resigning as Governor of Delaware, Bassett accepted an appointment as a federal judge but soon was out of work when Jefferson had the act repealed. Bayard himself declined an appointment as Minister to France offered by President John Adams in 1801. So effective was Bayard in opposing Jefferson's administration that an all-out effort was made by the Democratic-Republicans to defeat him in his attempt at a fourth term in 1802. Caesar Augustus Rodney, nephew of the Revolutionary President of Delaware
Caesar Rodney Caesar Rodney (October 7, 1728 – June 26, 1784) was an American Founding Father, lawyer, and politician from St. Jones Neck in Dover Hundred, Kent County, Delaware. He was an officer of the Delaware militia during the French and Indian War ...
, defeated Bayard by 15 votes. However, two years later, in 1804, the result was reversed with Bayard besting Rodney. In the best Delaware tradition, the two remained friends throughout their electoral rivalry.


U.S. Senate and Peace Commissioner

Although re-elected to the U.S. House in 1804, Bayard never returned there, because before the term began, on November 13, 1804, he was elected by the Delaware General Assembly as U.S. Senator, filling the vacancy caused by the resignation of William H. Wells. He began a term of his own the following March 1805, was reelected six years later in 1810, and served in the Senate until his resignation on March 3, 1813. By his admission, it mattered little who represented Delaware, given the smallness of the state; if the two senators and one representative happened to be all Federalists, all the better, since the party was in a considerable minority by the decade of the 1800s. Like most of his party, Bayard opposed "Mr. Madison's War" as the War of 1812 was sometimes scornfully called, but like the Democratic-Republicans, he was outraged at the British actions on the high seas and recognized the need for action. As the possibility of war became more likely, he urged caution, thinking of the lack of preparedness of the army and navy and especially of the vulnerability of coastal Delaware. On June 17, 1812, he was one of 13 senators to vote against declaring war on Britain. However, once the war began he and all Delaware Federalists wholeheartedly supported the war effort, avoiding the suspicion of treason earned by Federalists in New England. Because of that support, he was the only Federalist appointed as one of the peace commissioners who eventually negotiated the
Treaty of Ghent The Treaty of Ghent () was the peace treaty that ended the War of 1812 between the United States and the United Kingdom. It took effect in February 1815. Both sides signed it on December 24, 1814, in the city of Ghent, United Netherlands (now in ...
. Resigning his Senate seat, he went to Europe and played a major role in the negotiations that ended the War of 1812 when the treaty was signed in December 1814.
John Quincy Adams John Quincy Adams (; July 11, 1767 – February 23, 1848) was the sixth president of the United States, serving from 1825 to 1829. He previously served as the eighth United States secretary of state from 1817 to 1825. During his long diploma ...
, head of the American negotiating team, praised Bayard:
Of the five members of the American mission, the Chevalier ayardhas the most perfect control of his temper, the most deliberate coolness; and it is the more meritorious because it is real self-command. His feelings are as quick and his spirits as high as those of any one among us, but he certainly has them more under government.
Subsequently, President James Madison offered him an appointment as Minister to Russia, but Bayard declined, believing a Federalist could hardly represent a Democratic-Republican administration. Bayard was elected a member of the
American Antiquarian Society The American Antiquarian Society (AAS), located in Worcester, Massachusetts, is both a learned society and a national research library of pre-twentieth-century American history and culture. Founded in 1812, it is the oldest historical society in ...
in July 1815.American Antiquarian Society Members Directory
/ref> His disposition on membership is unknown, as no known correspondence confirms or denies his interest, and his death was only a few weeks after his election, and a few days after his return from Europe.


Death and legacy

After spending several months in Europe, Bayard returned home in the summer of 1815. During the trip, he developed an inflamed throat and became critically ill. He lived only five days after his return and died at Wilmington. He was originally buried on Bohemia Manor, in Cecil County, Maryland. In 1842 his remains were removed, along with those of his father-in-law, Richard Bassett, and reburied in the Wilmington and Brandywine Cemetery in Wilmington. Bayard was the father of two U.S. Senators, Richard H. Bayard and James A. Bayard Jr., grandfather of another, Thomas F. Bayard Sr. and great-grandfather of another, Thomas F. Bayard Jr. He was sometimes known as ''The Chevalier'', ''the Goliath of his Party'', and ''High Priest of the Constitution''.


Almanac

Elections were held on the first Tuesday of October. U.S. Representatives took office on March 4 and have a two-year term. The General Assembly chose the U.S. Senators for six years which also began on March 4. In this case, he was initially completing the existing term, the vacancy caused by the resignation of William H. Wells.


Notes


References

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External links


Biographical Directory of the United States Congress
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Places with more information

* Delaware Historical Society
website
505 North Market Street, Wilmington, Delaware 19801; (302) 655–7161 *
University of Delaware The University of Delaware (colloquially known as UD, UDel, or Delaware) is a Statutory college#Delaware, privately governed, state-assisted Land-grant university, land-grant research university in Newark, Delaware, United States. UD offers f ...

Library website
181 South College Avenue, Newark, Delaware 19717; (302) 831–2965 {{DEFAULTSORT:Bayard, James A. 1767 births 1815 deaths American duellists James A., I 18th-century American Episcopalians 19th-century American Episcopalians Burials at Wilmington and Brandywine Cemetery Politicians from Wilmington, Delaware Lawyers from Wilmington, Delaware Princeton University alumni United States senators from Delaware Federalist Party United States senators People from colonial Delaware Federalist Party members of the United States House of Representatives from Delaware Politicians from Philadelphia 19th-century American lawyers United States senators who owned slaves Members of the United States House of Representatives who owned slaves 19th-century United States senators 19th-century members of the United States House of Representatives 18th-century members of the United States House of Representatives