RANDOLPH, Edmund Jenings, (nephew of
Peyton Randolph), a Delegate from Virginia; born in Williamsburg, Va., August
10, 1753; was graduated from the College of William and Mary, Williamsburg, Va.;
studied law; was admitted to the bar and commenced practice in Williamsburg;
served in the Revolutionary Army and was aide-de-camp to General Washington;
attorney general of Virginia in 1776; Member of the Continental Congress in
1779, 1781, and 1782; elected Governor of Virginia in 1786 but resigned in 1788
to serve in the State house of delegates in order that he might participate in
the codification of the laws of Virginia in 1788 and 1789; delegate to the
Federal Convention in Philadelphia in 1787; was appointed the first Attorney
General of the United States, in the Cabinet of President Washington, on
September 26, 1789; transferred to the State Department as Secretary of State on
January 2, 1794, and served until August 19, 1795, when he was requested to
resign following charges (subsequently found to be false) preferred by Minister
Fauchet of France; was the principal counsel for Aaron Burr when the latter was
tried for treason; died in Clarke County, Va., September 12, 1813; interment in
the Old Chapel Cemetery, Millwood, Va. -- Biographical
Data courtesy of the Biographical Directory of the United States Congress.
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Randolph,
Edmund
statesman, born in Williamsburg, Virginia, 10
August, 1753; died in Clarke county, Virginia, 13 September, 1813. He was
distinguished for scholarship and eloquence at William and Mary College, and at
eighteen years of age was orator to commemorate the royal founders, the oration
being printed by the faculty. After studying law with his father he was admitted
to the bar. He was a favorite of Lord Dunmore, and when his parents left for
England was only withheld from sailing with them by enthusiasm for the American
cause.
Washington took him into
his family as aide-decamp, 15 August, 1775, and Randolph received the guests at
headquarters; but on the sudden death of his uncle Peyton
he returned to Williamsburg. In the Virginia convention of 1776 he assisted in
framing the constitution and passing the bill of rights. He opposed the demand
of Patrick Henry
that the governor should have power of veto. At the close of the convention he
was elected mayor of Williamsburg, and he was also the first attorney-general of
Virginia's new constitution. In 1779 he was elected to congress, but soon
resigned. In 1780 he was re-elected, and remained in congress two years. There
he was occupied with foreign affairs. He resigned his seat in 1782, and after
his father's death in 1783 succeeded to the property of his uncle Peyton, which
had become encumbered with claims against his father. These he might have met by
selling the Negroes, but, being conscientiously opposed to this, he had to work
hard at his profession.
He was one of the commissioners at the Annapolis convention which induced
congress to summon the Constitutional
convention of 1787. Being governor of Virginia (1786-'88), he largely
influenced the choice of delegates, and it was due to his persuasion that
Washington's
resolution not to attend was overcome. As leader of the Virginia delegation he
introduced the general plan of a constitution
that had been agreed on among them as a basis for opening the convention. He
also drafted a detailed scheme of his own, which was discovered in 1887 among
the papers of George Mason. His career
in the convention was brilliant, and elicited admiration from
Benjamin
Franklin, who generally voted with him.
He earnestly opposed the single executive, the presidential re-eligibility
and pardoning power, the vice-presidential office, and senatorial equality of
states. He desired an executive commission chosen by the national legislature,
and resembling that of the present Swiss republic. He favored a strong Federal
government which was to have power of directly negating state laws that should
be decided to be unconstitutional by the supreme court. On his motion the word "slavery"
was eliminated from the constitution. He refused to sign the document except on
condition that a second National convention should be called after its
provisions had been discussed in the country; but in the Virginia convention of
1788 he advocated its ratification on the ground that a ninth state was needed
to secure the Union, and that within the Union amendments might be passed.
The opposition, led by Patrick Henry,
was powerful, and the ratification, even by a small majority (ten), was mainly
due to Governor Randolph, whose inflexible independence of party was then and
after described as vacillation. He urged amendments; owing to his vigilance the
clause of Art. VI.,
on religious tests for office, implying power over the general subject,
was supplemented by the first article added to the constitution. He resigned the
governorship in 1788, and secured a seat in the assembly for the purpose of
working on the committee for making a codification of the state laws. The code
published at Richmond in folio, 1794, was mainly his work. While so occupied he
was appointed by the president (27 September, 1789) attorney-general of the
United States.
In response to a request of the house of representatives he wrote an
extended report (1790) on the judiciary system. Among the many important cases
arising under the first administration of the constitution was Chisholm vs.
Georgia, involving the right of an alien to sue a state. To the dismay of his
southern friends, Randolph proved that right to the satisfaction of the court.
His speech was widely circulated as a pamphlet, and was reprinted by legislative
order in Massachusetts, while the alarm of debtors to England led to the 11th
amendment. Early in 1795 Randolph issued, under the name of "Germanicus,"
an effective pamphlet against the " Democratic societies,"
which were charged with fomenting the whiskey rebellion at Pittsburgh, and
exciting an American Jacobinism.
Randolph tried to pursue, as usual, a non-partisan course in foreign
affairs with a leaning toward France, Washington
doing the like. Jefferson having
retired, Randolph accepted, very reluctantly, 2 January, 1794, the office of
secretary of state. His advice that an envoy should go to England, but not
negotiate, was overruled. He advised the president to sign the Jay treaty only
on condition that the "provision order" for the search of
neutral ships were revoked. The Republicans were furious that the president and
Randolph should think of signing the treaty apart from the "provision
order"; but Washington, after the
objectionable 12th article had been eliminated, was willing to overlook its
other faults, but for the order issued to search American ships and seize the
provisions on them. Meanwhile France was so enraged about the treaty that Monroe
could hardly remain in Paris. During Jay's secret negotiations, the French
minister, Fauchet, left Philadelphia in anger.
The president had carried on through Randolph
soothing diplomacy with France, and especially flattered the vanity of Fauchet,
the French minister in Philadelphia, with an affectation of confidence. The
Frenchman did not fail in dispatches to his employers to make the most of this.
Also, being impecunious, he hinted to his government that with “several
thousand dollars” he could favorably influence, American affairs, alleging
a suggestion by Randolph to that effect. This dispatch was intercepted by a
British ship and forwarded to the English minister in Philadelphia, (Hammond)
just in time to determine the result of the struggle concerning the treaty. Washington had made up his mind not to sign the treaty
until the "provision order” was revoked, and so informed the
secretary of state in a letter from Mount Vernon, 22 July, 1795. The intercepted
dispatch of Fauchet altered this determination, and the treaty was signed
without the condition The only alternatives of the administration were to
acknowledge the assurances diplomatically given to Fauchet, as egregiously
falsified by him, or, now that they might be published, accept Randolph as scapegoat.
It is difficult to see how Washington could have saved his friend, even if ready to
share his fate. Randolph, having indignantly resigned his office, pursued
Fauchet (now recalled) to Newport, and obtained from him a full retractation and
exculpation. He then prepared his “Vindication.”
After the intercepted letter was shown him.
but withheld from the doomed secretary, Washington treated Randolph with exceptional affection,
visiting his house, and twice giving him the place of honor at his table. It is
maintained by Randolph’s biographer (M. D. Conway) that this conduct, and his
failure to send for the other dispatches alluded to, indicate Washington’s entire disbelief of the assertions of
Fauchet, whose intrigues he well knew (dispatch to Monroe, 29 July, 1795).
Randolph had attended to Washington’s law-business in Virginia, always heavy,
steadily refusing payment, and could hardly have been suspected of venality. The
main charge against Randolph was based on Fauchet’s allegation of “precieuses
confessions” made to him by the secretary. But that dispatch was closely
followed by another, discovered in 1888, at Paris, in which Fauchet announced
that he had found them “fausses confidences.” The charge of intrigue
and revealing secrets is thus finally disposed of. In addition to the “Vindication
of Mr. Randolph’s Resignation” (Philadelphia, 1795), the ex-secretary
wrote a remarkable pamphlet, published the following year, “Political
Truth, or Animadversions on the Past and Present State of Public
Affairs.”
After his resignation, Randolph was received
with public demonstrations of admiration in Richmond, where he resumed the
practice of law. The ruin of his fortunes was completed by an account made up
against him of $49,000 for “moneys placed in his hands to defray the
expenses of foreign intercourse.” Under the system of that period the
secretary of state personally disbursed the funds provided for all foreign
service, and if any money were lost through the accidents of war, or the failure
of banks, he was held responsible. After repeated suits in which juries could
not agree, Randolph, confident in the justice of his case, challenged an
arbitration by the comptroller of the
treasury, Gabriel Duval, who decided against
him. Thereupon his lands, and the Negroesso conscientiously kept from
sale and dispersion, were made over to Hon. Wilson Cary Nicholas, by whom the
debt was paid in bonds, from which the government gained $7,000 more than the
debt and interest.
Meanwhile Randolph had again taken his place
at the head of the Virginia bar. He was one of the counsel of
Aaron
Burr on his trial for treason at Richmond. He also wrote an important “
History of Virginia,” the greater part of which is now in possession of
the Historical society of Virginia. Though much used by historians, it has never
been published. In it there is an admirable sketch of the life and character of Washington, concerning whom no bitterness survived in
his breast. For the fullest account of Edmund Randolph, and of his ancestors,
see “Omitted Chapters of History, disclosed in the Life and Papers of
Edmund Randolph,” by Non-cure D. Conway (New York, 1888).
Edmund Jenings Randolph (August 10, 1753 – September 12, 1813) was an
American attorney, Governor of Virginia, Secretary of State, and the first
United States Attorney General.
Upon the death of his uncle
Peyton Randolph in October of 1775 Randolph returned to
Virginia
to act as executor of the estate, and while there was elected as a
representative to the Virginia Convention. He would go on to serve as mayor of
Williamsburg, and then as the first Attorney General of the United States
under the newly-formed government.
He was married on August 29, 1776 to Elizabeth Nicholas (daughter of
Robert C. Nicholas), and had a total of six children, including
Peyton Randolph Governor of Virginia from 1811 to 1812.
Randolph died at age 60, suffering from paralysis, September 12, 1813 while
visiting the home of a friend, Nathaniel Burwell of Carter Hall, near
Millwood, Virginia, in
Clarke County and is buried at a nearby Burwell family cemetery "Old
Chapel".[1]
Political career
Randolph was selected as a delegate to the
Continental Congress in 1779, and served there to 1782. During this period
he also remained in private law practice, handling numerous legal issues for
George Washington among others.
Randolph was elected Governor of Virginia in 1786, that same year leading a
delegation to the
Annapolis Convention.
Constitutional Convention
The following year, as a delegate from Virginia to the
Constitutional Convention, Randolph introduced the
Virginia Plan as an outline for a new national government. He argued
against importation of
slaves and
in favor of a strong central government, advocating a plan for three chief
executives from various parts of the country. The Virginia Plan also proposed
two houses, where in both of them delegates were chosen based on state
population. Randolph additionally proposed, and was supported by unanimous
approval by the Convention's delegates, "that a Nationally Judiciary be
established" (Article III of the constitution established the federal court
system).[2]
The Articles of Confederation lacked a national court system for the United
States.
Randolph was also a member of the "committee on detail" which was tasked
with converting the Virginia Plan's 15 resolutions into a first draft of the
Constitution. Randolph refused to sign the final document, however, believing
it had insufficient checks and balances, and published an account of his
objections in October 1787. He nevertheless reversed his position at the
Virginia Ratifying Convention in 1788 and voted for ratification of the
Constitution because eight other states had already done so, and he did not
want to see Virginia left out of the new national government.
Edmund Randolph
Attorney General
Randolph was appointed as the first U.S. Attorney General in September
1789, maintaining precarious neutrality in the feud between
Thomas Jefferson (of whom Randolph was a second cousin[citation
needed]) and
Alexander Hamilton. When Jefferson resigned as Secretary of State in 1793,
Randolph succeeded him to the position. The major diplomatic initiative of his
term was the
Jay
Treaty with Britain in 1794, but it was Hamilton who devised the plan and
wrote the instructions, leaving Randolph the nominal role of signing the
papers. Randolph was hostile to the resulting treaty, and almost gained
Washington's ear. Near the end of his term as Secretary of State, negotiations
for
Pinckney's Treaty were finalized.
Resignation
A scandal involving an intercepted French message led to Randolph's
resignation in August 1795. The British Navy had intercepted correspondence
from the French minister, Joseph Fauchet, to the U.S. and turned it over to
Washington. Washington was dismayed that the letters reflected contempt for
the United States and that Randolph was primarily responsible. The letters
implied that Randolph had exposed the inner debates in the cabinet to the
French and told them that the Administration was hostile to France. At the
very least, Elkins and McKitrick conclude, there "was something here
profoundly disreputable to the government's good faith and character."
Washington immediately overruled Randolph's negative advice regarding the Jay
Treaty. A few days later Washington, in the presence of the entire cabinet,
handed the minister's letter to Randolph and demanded he explain it. Randolph
was speechless and immediately resigned. Elkins and McKitrick (pages 425-6)
conclude that Randolph was not bribed by the French but "was rather a pitiable
figure, possessed of some talents and surprisingly little malice, but subject
to self-absorbed silliness and lapses of good sense."
After leaving the cabinet he returned to Virginia to practice law; his most
famous case was that of defense counsel during
Aaron
Burr's trial for treason in 1807.
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