James Iredell
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James Iredell (October 5, 1751 – October 20, 1799) was one of the first justices of the
Supreme Court of the United States 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 Federal tribunals in the United States, U.S. federal court cases, and over Stat ...
. He was appointed by President
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and served from 1790 until his death in 1799. His son, James Iredell Jr., was a
governor of North Carolina The governor of North Carolina is the head of government of the United States, U.S. state of North Carolina. Seventy-five people have held the office since the first state governor, Richard Caswell, took office in 1777. The governor serves a ...
.


Early life

James Iredell was born in
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,
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, the oldest of five surviving children of Francis Iredell, a
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merchant and his wife, the former Margaret McCulloch, of Dublin, 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 U.S. state, state in the Southeastern United States, Southeastern region of the United States. It is bordered by Virginia to the north, the Atlantic Ocean to the east, South Carolina to the south, Georgia (U.S. stat ...
. While working at the customs house, Iredell read law under Samuel Johnston (later
governor of North Carolina The governor of North Carolina is the head of government of the United States, U.S. state of North Carolina. Seventy-five people have held the office since the first state governor, Richard Caswell, took office in 1777. The governor serves a ...
), 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 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 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 territory of another state or failed state, or are breaka ...
. After the revolution began, Iredell helped organize the court system of North Carolina, and was elected a judge of the
superior court In common law systems, a superior court is a court of general jurisdiction over civil and criminal legal cases. A superior court is "superior" in relation to a court with limited jurisdiction (see small claims court), which is restricted to civil ...
in 1778. His career advanced through a number of political and judicial posts in the state, including that of
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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 in North Carolina, and a strong supporter of the proposed
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. 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). 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 Public university, public university system for the state of North Carolina. Overseeing the state's 16 public universities and the North Carolina School of Science and Mathematics, it is commonly referre ...
), 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 (, 1799) was a Founding Fathers of the United States, Founding Father and the first president of the United States, serving from 1789 to 1797. As commander of the Continental Army, Washington led Patriot (American Revoluti ...
nominated Iredell as an
associate justice An 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 ...
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 turn on question ...
, and on February 10, he was confirmed by the
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. He was sworn into office 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''. 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'' (1793): At issue was whether the citizens of one state (
South Carolina South Carolina ( ) is a U.S. state, state in the Southeastern United States, Southeastern region of the United States. It borders North Carolina to the north and northeast, the Atlantic Ocean to the southeast, and Georgia (U.S. state), Georg ...
) could sue another state (
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) 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 a U.S. state, state in the New England region of the Northeastern United States. It borders Rhode Island to the east, Massachusetts to the north, New York (state), New York to the west, and Long Island Sound to the south. ...
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" 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 a government's executive, legislative, or administrative actions are subject to review by the judiciary. In a judicial review, a court may invalidate laws, acts, or governmental actions that are in ...
. Justice Iredell's opinion in ''Calder'' helped establish the principle of judicial review five years before it was tested in '' Marbury v. Madison'' (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 to freedom from prior restraint. He praised Sir William Blackstone's narrow interpretation of
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, 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 and death

The
Judiciary Act of 1789 The Judiciary Act of 1789 (ch. 20, ) was a United States federal statute enacted on September 24, 1789, during the first session of the First United States Congress. It established the federal judiciary of the United States. Article Three of th ...
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, at the age of 48.


Slavery

Iredell mirrored contemporaries like
Thomas Jefferson Thomas Jefferson (, 1743July 4, 1826) was an American Founding Fathers of the United States, Founding Father and the third president of the United States from 1801 to 1809. He was the primary author of the United States Declaration of Indepe ...
and
George Washington George Washington (, 1799) was a Founding Fathers of the United States, Founding Father and the first president of the United States, serving from 1789 to 1797. As commander of the Continental Army, Washington led Patriot (American Revoluti ...
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 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'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, organization or other type of entity, and commonly determines how that entity is to be governed. When these pri ...
("Slave Trade Clause") on grounds of practicality. Iredell believed that the Constitution would not be ratified by
South Carolina South Carolina ( ) is a U.S. state, state in the Southeastern United States, Southeastern region of the United States. It borders North Carolina to the north and northeast, the Atlantic Ocean to the southeast, and Georgia (U.S. state), Georg ...
nor
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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' consciences 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, was established in 1788 and was named for Iredell. , a ship in World War II, was named after him. The James Iredell House at Edenton was listed on the
National Register of Historic Places The National Register of Historic Places (NRHP) is the Federal government of the United States, United States federal government's official United States National Register of Historic Places listings, list of sites, buildings, structures, Hist ...
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 focused on his wife, Hannah, and her friend Hannah Wilson.


See also

* List of justices of the Supreme Court of the United States


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
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. * * * * *


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 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 Supreme Court justices who owned slaves United States federal judges admitted to the practice of law by reading law People from Edenton, North Carolina