James Iredell - Early life, Roles in the Revolution, Supreme Court Justice, Later years

Judge, born in Lewes, East Sussex, SE England, UK. He emigrated to North Carolina at age 17 and became active in the revolution against England. He served as a North Carolina judge (1777–8) and as state attorney general (1779–81). At age 38, he was the youngest of the original six US Supreme Court justices when chosen by President Washington, serving in 1790–9.

James Iredell

Associate Justice of the Supreme Court of the United States Term in office
May 12, 1790 – October 20, 1799
Preceded by	none
Succeeded by	Alfred Moore
Nominated by	George Washington
Born	October 5, 1751 Lewes, England
Died	October 20, 1799

James Iredell (October 5, 1751 – October 20, 1799) was one of the original Justices of the Supreme Court of the United States. His son, James Iredell, Jr., became governor of North Carolina.

Early life

James Iredell was born in Lewes, England, the oldest of five children of a Bristol merchant.

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.

In 1773, Iredell married Johnston's sister Hannah and the two had three children.

Roles in the Revolution

Although employed by the British government, Iredell was a strong supporter of independence and the revolution. This essay established Iredell, at the age of 23, as the most influential political essayist in North Carolina at that time.

After the revolution began, Iredell helped organize the court system of North Carolina, and was elected a judge of the superior court in 1778.

Iredell was a leader of the Federalists in North Carolina, and a strong supporter of the proposed Constitution. (North Carolina later ratified the Constitution after Congress amended it through the addition of the Bill of Rights.)

Supreme Court Justice

On February 10, 1790, George Washington nominated James Iredell to the post of Associate Justice of the Supreme Court and he was confirmed by the Senate two days later. At the age of 38, he was the youngest of the original Supreme Court Justices.

The case load of the first Supreme Court was light. In fact, the court did not hear its first case until 1792. 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. 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.

In the Chisholm case, public and political opinion agreed with Iredell against the other Justices.

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 unconsitutional. 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; 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. The Supreme Court has followed Iredell's approach throughout its subsequent history.

Later years

The Judiciary Act of 1789 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 Staltes. 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. Each state, so far as the clause in question does not interfere, must be left to the operation of its own principles. [Congress] certainly [has] no authority to interfere in the establishment of any religion whatsoever...Is there any power given to Congress in matters of religion? If they could, it would be a just cause of alarm...If any future Congress should pass an act concerning the religion of the country, it would be an act which they are not authorized to pass, by the Constitution, and which the people would not obey. How is it possible to exclude any set of men, without taking away that principle of religious freedom which we ourselves so warmly contend for? It is never to be supposed that the people of America will trust their dearest rights to persons who have no religion at all, or a religion materially different from their own...Let religion be permitted to take its own course; But when a long train of abuses and usurpations, pursuing invariably the same object evinces a design to reduce them under absolute despotism, it is their right, it is their duty, to throw off such government, and to provide new guards for their future security. The power of impeachment is given by this Constitution, to bring great offenders to punishment.