Iredell

duced in 1813, probably not for the first time, at
the Southwark Theatre in Philadelphia, and in
1817 at the Charleston Theatre. Not so famous
as the earlier play, it was, however, well re-
ceived in its day. In both of the comedies the
homely American virtues were eulogized, and
the sophisticated English vices were deplored, in
a manner seldom ungraceful, often witty, and
always theatrical. William Gilmore Simms in
1870 recalled the loor of some forty years earlier
as a "cheery, humorous old gentleman/'

[A. H. Quinn, A Hist, of the Am. Drama From the
Beginning to the Civil War (1923) ; W. G. Simms, "Our
Early Authors/' XIX Century, Sept. 1869, and "Early
Literary Progress in S. C," Ibid., Jan. 1870; Yates
Snowden, S. C. Plays and Playwrights (1909); ma-
terials in the S. C. Hist Soc.] E. W—s,

IREDELL, JAMES (Oct. 5, i75i-0ct. 20,
1799), statesman, jurist, was born in Lewes,
England. His father, Francis Iredell, was a
Bristol merchant; his mother was Margaret Mc-
Culloh, In 1768 he was appointed comptroller of
customs at Edenton, N. C., and for six years he
kept all the accounts of the custom-house, carried
on a considerable business for an uncle in Eng-
land, and entered into the social life of the town.
He also had time to indulge in wide general
reading and to study law with Samuel Johnston,
the leading figure of the community, whose sister
Hannah he married on July 18, 1773. He was
licensed in 1771 and in 1772 he was entering into
the discussion of the points at issue between the
colonies and England, taking an advanced Amer-
ican position and writing in lucid style the argu-
ments which others were to use. In 1774 he be-
came collector of the port and held that office
until the spring of 1776. He then devoted his
attention to his law practice and to the further-
ance by tongue and pen of the Revolutionary
cause, although he had no desire for separation
from England, and, as late as June 1776, he was
hopeful of reconciliation and peace. Chosen one
of the commissioners to draft and revise the laws
necessary to meet the new status of North Caro-
lina m 1776, he ^drafted the law reestablishing the
courts which had ceased to operate several years
earlier. The following year he unwillingly ac-
cepted appointment as a superior court judge but
resigned at the end of six months. In 1779 he
was elected attorney-general and served two
years. He was elected to the Council of State in
1787 and the same legislature appointed him to
collect and revise all acts then in force. The re-
salting "Revisal" appeared in 1791.

When, with the adoption of the state consti-
tution, party divisions arose, Iredell sided with
the conservatives. Against the popular tendency

Iredell

to magnify legislative power, he constantly op-
posed the doctrine of constitutional restrictions
enforced by the courts. On this subject he wrote
a powerful public address to the people in 1786,
advanced the doctrine to the highest court of the
state and secured its approval of the principle
(Bayard vs. Singleton, I N. C., 42), and pre-
sented it to the consideration of his contempo-
raries in convincing letters (McRee, post, II,
145, 172). He was deeply interested in the fed-
eral convention of 1787 and heartily approved of
the Constitution. After studying it closely he
published in January 1788, over the signature
"Marcus," "Answers to Mr. Mason's Objections
to the New Constitution" (Paul Leicester Ford,
Pamphlets on the Constitution of the United
States, 1888) which attracted national attention
and is supposed to have influenced Washington
in selecting him for the Supreme Court. Perhaps
of more importance in that connection was his
work in behalf of the Constitution in the conven-
tion of 1788, where he represented the borough
of Edenton and was the floor leader of the Fed-
eralists, explaining and defending each section
of the Constitution. His tact, good temper, and
singularly charming personality in a bad tem-
pered assembly probably contributed as much to
his enhanced reputation as his exceedingly able
arguments. He and William R. Davie [#.z/.]
had the debates published and their wide circu-
lation gave a powerful impetus to the reaction
which secured ratification in 1789.

On Feb. 10, 1790, Washington appointed Ire-
dell associate justice of the Supreme Court. He
was then only thirty-eight years old, the young-
est member on the bench. The functions of the
justices at that time included holding the circuit
courts, and Iredell, assigned to the southern cir-
cuit, led "the life of a post boy in a circuit of vast
extent, under great difficulties of travel and the
perils of life in the sickly season." During his
relatively brief service, he made an enduring
reputation. As a constitutional lawyer, he had no
superior on the court, and his opinions answer
to the description of them as "lucid, logical, com-
pact, comprehensive." All of them are notable
for their force of expression. Two years after
his appointment, he wrote Washington that in
his opinion the Act of Congress of Mar. 23,1792,
requiring the justices to serve as pension com-
missioners, was unconstitutional and therefore
void. Following the same doctrine in his opin-
ion in Colder vs. Bull (3 Dallas, 386), written
years before Marbury vs. Madison came to the
court, he enunciated clearly and convincingly the
principle that a legislative act, unauthorized by
the Constitution, or in violation of it, was void,

492