George Hay (December 17, 1765 – September 21, 1830) was a

United States district judge The United States district courts are the trial courts of the U.S. federal judiciary. There is one district court for each federal judicial district. Each district covers one U.S. state or a portion of a state. There is at least one feder ...

of the

United States District Court for the Eastern District of Virginia The United States District Court for the Eastern District of Virginia (in case citations, E.D. Va.) is one of two United States district courts serving the Commonwealth of Virginia. It has jurisdiction over the Northern Virginia, Hampton Roa ...

Education and career

Born December 17, 1765, in

Williamsburg Williamsburg may refer to: Places *Colonial Williamsburg, a living-history museum and private foundation in Virginia *Williamsburg, Brooklyn, neighborhood in New York City *Williamsburg, former name of Kernville (former town), California *Williams ...

Colony of Virginia The Colony of Virginia was a British Empire, British colonial settlement in North America from 1606 to 1776. The first effort to create an English settlement in the area was chartered in 1584 and established in 1585; the resulting Roanoke Colo ...

British America British America collectively refers to various British colonization of the Americas, colonies of Kingdom of Great Britain, Great Britain and its predecessors states in the Americas prior to the conclusion of the American Revolutionary War in 1 ...

, Hay

read law Reading law was the primary method used in common law countries, particularly the United States, for people to prepare for and enter the legal profession before the advent of law schools. It consisted of an extended internship or apprenticeship un ...

. He entered private practice in

Petersburg, Virginia Petersburg is an independent city (United States), independent city in the Commonwealth (U.S. state), Commonwealth of Virginia in the United States. As of the 2020 United States census, 2020 census, the population was 33,458 with a majority bla ...

, from 1787 to 1801. He continued private practice in

Richmond Richmond most often refers to: * Richmond, British Columbia, a city in Canada * Richmond, California, a city in the United States * Richmond, London, a town in the London Borough of Richmond upon Thames, England * Richmond, North Yorkshire, a town ...

from 1801 to 1803. He was the United States Attorney for the District of Virginia from 1803 to 1816. He was a member of the

Virginia House of Delegates The Virginia House of Delegates is one of the two houses of the Virginia General Assembly, the other being the Senate of Virginia. It has 100 members elected for terms of two years; unlike most states, these elections take place during odd-numbe ...

from 1816 to 1822. He resumed private practice in

Washington, D.C. Washington, D.C., formally the District of Columbia and commonly known as Washington or D.C., is the capital city and federal district of the United States. The city is on the Potomac River, across from Virginia, and shares land borders with ...

from 1822 to 1825. Hay was a close confidant to his father-in-law, James Monroe, especially during the Missouri Crisis. During the Crisis, he anonymously penned a series of pro-slavery essays for publication in the South's leading newspaper, under the title, "For the Enquirer. Missouri Question."

Notable case

During his service as United States Attorney, Hay served as prosecutor during the trial of

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 ...

Advocacy

Hay was an advocate for freedom of the press, and became known for his defense of James T. Callender at Callender's Sedition trial. Hay became a strong advocate of slavery and authored a series of heavily proslavery pieces during the Missouri Crisis under the penname of "An American."

Federal judicial service

Hay received a

recess appointment In the United States, a recess appointment is an appointment by the President of the United States, president of a Officer of the United States, federal official when the United States Senate, U.S. Senate is in Recess (motion), recess. Under the ...

from President

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 ...

on July 5, 1825, to a seat on the

vacated by Judge St. George Tucker. He was nominated to the same position President Adams on December 13, 1825. He was confirmed by the

United States Senate The United States Senate is a chamber of the Bicameralism, bicameral United States Congress; it is the upper house, with the United States House of Representatives, U.S. House of Representatives being the lower house. Together, the Senate and ...

on March 31, 1826, and received his commission the same day. His service terminated on September 21, 1830, due to his death in Richmond.

Family

In 1808, Hay married Eliza Kortright Monroe, daughter of President

James Monroe James Monroe ( ; April 28, 1758July 4, 1831) was an American Founding Father of the United States, Founding Father who served as the fifth president of the United States from 1817 to 1825. He was the last Founding Father to serve as presiden ...

. They had one child whom reached adulthood, Hortensia.

Quotes

: It is obvious in itself and it is admitted by all men, that freedom of speech means the power uncontrouled by law, of speaking either truth or falsehood at the discretion of each individual, provided no other individual be injured. This power is, as yet, in its full extent in the United States. A man may say every thing which his passion can suggest; he may employ all his time, and all his talents, if be is wicked enough to do so, in speaking against the government matters that are false, scandalous, and malicious; but he is admitted by the majority of Congress to be sheltered by the article in question, which forbids a law abridging the freedom of speech. If then freedom of speech means, in the construction of the Constitution, the privilege of speaking any thing without controul, the words freedom of the press, which form a part of the same sentence mean the privilege of printing any thing without controul. : A citizen stands safe within the sanctuary of the press, if he should endeavour to prove that there is no God, or affirm, that there are twenty Gods: If he condemns the principle of republican institutions, and contends, that liberty and property can never be secure, but under the protection of aristocracy or monarchy: If he censures the measures of our government, and of every department and officer there-of, and ascribes the measures of the former, however salutary, and the conduct of the Matter, however upright, to the basest motives; even if he ascribes to them measures and acts which never had existence; thus violating at once, every principle of decency and truth.An essay on the liberty of the press
p. 66

References

Sources

*
''An essay on the liberty of the press: respectfully inscribed to the republican printers throughout the United States'', 1799.
* {{DEFAULTSORT:Hay, George 1765 births 1830 deaths Members of the Virginia House of Delegates Judges of the United States District Court for the Eastern District of Virginia United States attorneys for the District of Virginia United States federal judges appointed by John Quincy Adams 19th-century American judges Politicians from Williamsburg, Virginia Monroe family United States federal judges admitted to the practice of law by reading law Burr conspiracy