Page:The Biographical Dictionary of America, vol. 06.djvu/240

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KENT


KENT


KENT, James, jurist, was born in Fredericks- burg, Putnam county, N.Y., July 31, 1763 ; son of Moss and Hannah (Rogers) Kent ; grandson of the Rev. Elisha and Abigail (Moss) Kent and of Dr. Uriah and Hannah(Lockwood) Rogers, of Nor- walk, Conn. ; and a descendant of Thomas Kent, who emigrated from England prior to 1643 and was one of a list of eighty- two original proprie- tors of land at Glou- cester, Mass. James attended an English school at Norwalk, Conn., 1768-72 ; stud- ied Latin under Mr. Kalna at Pawling,

fMO^j0ti^ tended a Latin school

at Danbury, Conn., 1778-76, and was graduated from Yale, A.B., 1781, A.M., 1784. He studied law with At- torney-General Egbert Benson at Poughkeepsie, N.Y. ; was admitted to the bar in January, 1785, and on April 12, 1785, he entered into partnership with Gilbert Livingston in Poughkeepsie. He was married in April, 1785, to Elizabeth, daughter of Col. John Bailey. He undertook a coui'se of daily study of the classics and modern languages, devoting his early morning hours to this purpose. He was a member of the New York state as- sembly from Dutchess county, 1790-92 ; was re- elected in 1792, but on account of the position which he took in regard to the contested returns, Governor Clinton was declared elected in his stead. He was candidate for representative in the 3d congress in 1792 as a Federalist, but was defeated by his brother-in-law, Theodorus Bailey, by a majority of 132 votes. He supported John Jay as candidate for governor the same year, and was bitter in his denunciation of the appoint- ment of Aaron Burr to the supreme court bench. He removed to New York city, April 27, 1793, and shortly after his arrival an epidemic of small- pox ravaged the city, and his daughter died of the disease, May 26, 1793. He engaged in the practice of law in New York, and in December, 1793, was made professor of law at Columbia college, which post he filled until his resignation in 1798. He was an admirer of Alexander Ham- ilton, whose acquaintance he had made during the assembling of the convention, at Poughkeep- sie, in 1788 to consider the ratification of the Federal constitution of the United States. He began a series of twenty-six lectures on civil law in November, 1794, and his introductory lecture was published by the trustees of Columbia college


in 1794 for private distribution. This was fol- lowed by a pamphlet in 1795, composed of three lectures: the first on the " Duties of Civil Gov- ernment," the second on the "History of the American Union " and the third on " The Law of Nations." This pamphlet was cited in Brown's "Treatise on Civil and Admiralty Law," pub- lished in England, and was the first reference ever made to an American law publication by a foreign writer. The lectures closed, March 1, 1795, and the following winter a second course was begun, but met with little encouragement and was discontinued. Professor Kent was ap- pointed by Governor John Jay one of the two masters in chancery in February, 1796, and he was elected to the state assembly in May, 1796. He was aijpointed recorder of the citj^ of New York in March, 1797, and his duties of recorder were occasionally varied by his i^residing in the mayor's office during the temporary absence of the mayor. He was appointed by Governor Jay to the office of justice of the supreme court in February, 1798, and resigning all his offices in New Y^ork city, he removed to Poughkeepsie in April,

1798, and devoted his leisure time to study. In

1799, he removed to Albany, N.Y., where he re- sided until 1823. Although the youngest judge on the supreme bench, his decisions were said to have been learned and profound. He introduced a thorough examination of cases and written opin- ions and originated the custom of presenting in writing the argument upon all important cases. In the summer of 1802 he rode the " great west ern circuit," a journey of six or seven hundred miles. He was advanced to tlie position of chief justice in 1804 by Governor Morgan Lewis. In December, 1805, he formed a professional connec- tion with William Johnson, with whose name his own became inseparably connected. He was transferred to the court of chancery, and ap- pointed chancellor, Feb. 24, 1814. The court had never been properly conducted and Kent was given the liberty to assume such English cjiancery powers as were applicable under the U.S. con- stitution. He admitted eighty-five counsellors during the first year of his office, and in con- sequence the court soon became powerful. As the statute limit of the age of a chancellor was fixed at sixty years. Chancellor Kent was retired fx'om office in 1823, and returned to his professor- ship at Columbia, which he held up to the time of his death. He was a member of the state constitutional convention of 1822 ; a trustee of Columbia college, 1823 ; president of the New York Historical society, 1828 ; member of the American Philosophical society from 1829 ; re- gent of the University of the State of New York, 1800-17, and received the honorary degree of LL.D. from Columbia in 1797, from Harvard in