James Iredell
Encyclopedia
James Iredell was one of the first Justices
of the Supreme Court of the United States
. He was appointed by President George Washington
and served from 1790 until his death in 1799. His son, James Iredell, Jr.
, became governor of North Carolina
.
, England
, the oldest of five children of a Bristol merchant. The failure of his father's business (and health) impelled James to immigrate 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
.
While working at the customs house, Iredell read law under Samuel Johnston
(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, yet only 3 survived. The following year (1774) he was made collector for the port.
predates and echoes themes and ideas of the Declaration of Independence
.
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 1779-1781. 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.
Iredell was a leader of the Federalists in North Carolina, and a strong supporter of the proposed Constitution
. In the 1788 convention at Hillsborough
, he argued unsuccessfully in favor of its adoption. (North Carolina later ratified the Constitution after Congress amended it through the addition of the Bill of Rights
.)
nominated James Iredell to the post of Associate Justice of the Supreme Court and two days later he was confirmed by the United States Senate
, and received his commission. At the age of 38, Iredell was the youngest of the early Supreme Court Justices.
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 we have only a handful of opinions written by Justice Iredell in his years on the court. Of those, two of the most significant are:
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 1798.
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."
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.
His 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 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."
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. The Supreme Court Justices were required to "ride circuit," or travel to the various circuits and hear cases, twice each year. Partially as a result of the heavy travel burden, Justice Iredell's health failed and he died suddenly on October 20, 1799, in Edenton, North Carolina
. He was 48. Iredell County, North Carolina
, was established in 1788 and was named for him.
Associate Justice of the Supreme Court of the United States
Associate Justices of the Supreme Court of the United States are the members of the Supreme Court of the United States other than the Chief Justice of the United States...
of the Supreme Court of the United States
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
. He was appointed by President George Washington
George Washington
George Washington was the dominant military and political leader of the new United States of America from 1775 to 1799. He led the American victory over Great Britain in the American Revolutionary War as commander-in-chief of the Continental Army from 1775 to 1783, and presided over the writing of...
and served from 1790 until his death in 1799. His son, James Iredell, Jr.
James Iredell, Jr.
James Iredell, Jr. was the 23rd Governor of the U.S. state of North Carolina between 1827 and 1828.-Early life:...
, became governor of North Carolina
Governor of North Carolina
The Governor of North Carolina is the chief executive of the State of North Carolina, one of the U.S. states. The current governor is Bev Perdue, North Carolina's first female governor.-Powers:...
.
Early life
James Iredell was born in LewesLewes
Lewes is the county town of East Sussex, England and historically of all of Sussex. It is a civil parish and is the centre of the Lewes local government district. The settlement has a history as a bridging point and as a market town, and today as a communications hub and tourist-oriented town...
, England
England
England is a country that is part of the United Kingdom. It shares land borders with Scotland to the north and Wales to the west; the Irish Sea is to the north west, the Celtic Sea to the south west, with the North Sea to the east and the English Channel to the south separating it from continental...
, the oldest of five children of a Bristol merchant. The failure of his father's business (and health) impelled James to immigrate 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
North Carolina is a state located in the southeastern United States. The state borders South Carolina and Georgia to the south, Tennessee to the west and Virginia to the north. North Carolina contains 100 counties. Its capital is Raleigh, and its largest city is Charlotte...
.
While working at the customs house, Iredell read law under Samuel Johnston
Samuel Johnston
Samuel Johnston was an American planter, lawyer, and statesman from Chowan County, North Carolina. He represented North Carolina in both the Continental Congress and the United States Senate, and was the sixth Governor of North Carolina.-Early Life and Revolutionary Politics:Johnston was born in...
(later governor of North Carolina
Governor of North Carolina
The Governor of North Carolina is the chief executive of the State of North Carolina, one of the U.S. states. The current governor is Bev Perdue, North Carolina's first female governor.-Powers:...
), 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, yet only 3 survived. The following year (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 in which he laid out arguments opposing the concept of Parliamentary supremacy over America. This essay established Iredell, at the age of 23, as the most influential political essayist in North Carolina at that time. His treatise Principles of an American WhigPatriot (American Revolution)
Patriots is a name often used to describe the colonists of the British Thirteen United Colonies who rebelled against British control during the American Revolution. It was their leading figures who, in July 1776, declared the United States of America an independent nation...
predates and echoes themes and ideas of the Declaration of Independence
Declaration of independence
A declaration of independence is an assertion of the independence of an aspiring state or states. Such places are usually declared from part or all of the territory of another nation or failed nation, or are breakaway territories from within the larger state...
.
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
North Carolina attorney general
The Attorney General of North Carolina is the head of the state's Department of Justice and provides legal representation and advice to all state agencies. He or she does not have the authority to prosecute specific crimes unless requested to do so by a local district attorney...
from 1779-1781. 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.
Iredell was a leader of the Federalists in North Carolina, and a strong supporter of the proposed Constitution
United States Constitution
The Constitution of the United States is the supreme law of the United States of America. It is the framework for the organization of the United States government and for the relationship of the federal government with the states, citizens, and all people within the United States.The first three...
. In the 1788 convention at Hillsborough
Hillsborough, North Carolina
Hillsborough is a town in Orange County, North Carolina, United States. The population was 5,653 at the 2008 census. It is the county seat of Orange County....
, he argued unsuccessfully in favor of its adoption. (North Carolina later ratified the Constitution after Congress amended it through the addition of the Bill of Rights
United States Bill of Rights
The Bill of Rights is the collective name for the first ten amendments to the United States Constitution. These limitations serve to protect the natural rights of liberty and property. They guarantee a number of personal freedoms, limit the government's power in judicial and other proceedings, and...
.)
Supreme Court Justice
On February 10, 1790, George WashingtonGeorge Washington
George Washington was the dominant military and political leader of the new United States of America from 1775 to 1799. He led the American victory over Great Britain in the American Revolutionary War as commander-in-chief of the Continental Army from 1775 to 1783, and presided over the writing of...
nominated James Iredell to the post of Associate Justice of the Supreme Court and two days later he was confirmed by the United States Senate
United States Senate
The United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each...
, and received his commission. At the age of 38, Iredell was the youngest of the early Supreme Court Justices.
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
West v. Barnes, 2 U.S. 401 , was the first United States Supreme Court decision and the earliest case calling for oral argument. Van Staphorst v. Maryland was docketed prior to West v. Barnes but settled before the Court heard the case: West was argued on August 2, 1791 and decided on August 3,...
. 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 we have only a handful of opinions written by Justice Iredell in his years on the court. Of those, two of the most significant are:
- Chisholm v. GeorgiaChisholm v. GeorgiaChisholm v. Georgia, 2 U.S. 419 , is considered the first United States Supreme Court case of significance and impact. Given its date, there is little available legal precedent...
(1793): At issue was whether the citizens of one state (South CarolinaSouth CarolinaSouth Carolina is a state in the Deep South of the United States that borders Georgia to the south, North Carolina to the north, and the Atlantic Ocean to the east. Originally part of the Province of Carolina, the Province of South Carolina was one of the 13 colonies that declared independence...
) could sue another state (GeorgiaGeorgia (U.S. state)Georgia is a state located in the southeastern United States. It was established in 1732, the last of the original Thirteen Colonies. The state is named after King George II of Great Britain. Georgia was the fourth state to ratify the United States Constitution, on January 2, 1788...
) 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. BullCalder v. BullCalder v. Bull, 3 U.S. 386 , is a United States Supreme Court case in which the Court examined its authority to review state legislature decisions.-Background:...
(1798): At issue was whether an act of the ConnecticutConnecticutConnecticut is a state in the New England region of the northeastern United States. It is bordered by Rhode Island to the east, Massachusetts to the north, and the state of New York to the west and the south .Connecticut is named for the Connecticut River, the major U.S. river that approximately...
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
Eleventh Amendment to the United States Constitution
The Eleventh Amendment to the United States Constitution, which was passed by the Congress on March 4, 1794, and was ratified on February 7, 1795, deals with each state's sovereign immunity. This amendment was adopted in order to overrule the U.S. Supreme Court's decision in Chisholm v...
in 1798.
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."
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
Marbury v. Madison, is a landmark case in United States law and in the history of law worldwide. It formed the basis for the exercise of judicial review in the United States under Article III of the Constitution. It was also the first time in Western history a court invalidated a law by declaring...
(1803). The Supreme Court has followed Iredell's approach throughout its subsequent history.
His 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 Amendment to the United States Constitution
The First Amendment to the United States Constitution is part of the Bill of Rights. The amendment prohibits the making of any law respecting an establishment of religion, impeding the free exercise of religion, abridging the freedom of speech, infringing on the freedom of the press, interfering...
to freedom from prior restraint
Prior restraint
Prior restraint or prior censorship is censorship in which certain material may not be published or communicated, rather than not prohibiting publication but making the publisher answerable for what is made known...
. He praised Sir William Blackstone's narrow interpretation of freedom of the press
Freedom of the press
Freedom of the press or freedom of the media is the freedom of communication and expression through vehicles including various electronic media and published materials...
, 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 1789Judiciary Act of 1789
The United States Judiciary Act of 1789 was a landmark statute adopted on September 24, 1789 in the first session of the First United States Congress establishing the U.S. federal judiciary...
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. The Supreme Court Justices were required to "ride circuit," or travel to the various circuits and hear cases, twice each year. Partially as a result of the heavy travel burden, Justice Iredell's health failed and he died suddenly on October 20, 1799, in Edenton, North Carolina
Edenton, North Carolina
Edenton is a town in Chowan County, North Carolina, United States. The population was 4,966 at the 2008 census. It is the county seat of Chowan County. Edenton is located in North Carolina's Inner Banks region. In recent years Edenton has become a popular retirement location and a destination for...
. He was 48. Iredell County, North Carolina
North Carolina
North Carolina is a state located in the southeastern United States. The state borders South Carolina and Georgia to the south, Tennessee to the west and Virginia to the north. North Carolina contains 100 counties. Its capital is Raleigh, and its largest city is Charlotte...
, was established in 1788 and was named for him.
Further reading
- Flanders, Henry. http://books.google.com/books?id=eEQEAAAAYAAJ&printsec=frontcover&dq=Flanders,+Henry.+The+Lives+and+Times+of+the+Chief+Justices+of+the+United+States+Supreme+Court&source=bl&ots=TlVq46f3l1&sig=xFW-bezy_iOIcXW3X8l-bbzddk8&hl=en&ei=kh1TS5atOIzkNc3DuYkJ&sa=X&oi=book_result&ct=result&resnum=1&ved=0CAcQ6AEwAA#v=onepage&q=&f=falseThe Lives and Times of the Chief Justices of the United States Supreme Court]. Philadelphia: J. B. Lippincott & Co., 1874 at Google Books.