Michael C. Toth

Most of the subjects in ISI's "Forgotten Founders" aka "Lives of the Founders" series are people I had some prior knowledge about, but I must admit this one, Oliver Ellsworth, was totally unfamiliar to me, aside from some very hostile remarks about him in the life of Luther Martin in the same series. (Although the ISI books are presumably by conservatives, they represent very diverse viewpoints). It turns out Ellsworth not only took a significant role in writing the Constitution and getting it ratified, he also was the major author of the Judiciary Act which set up the federal district and circuit courts (the Constitution only specifically describes the Supreme Court). He then replaced John Jay, the first Chief Justice of the Supreme Court, and finally was sent by President John Adams to negotiate the treaty that settled the Quasi-War with France (to the frustration of Hamilton and others who wanted open war). All in all, he comes across as a very sensible practical man who played a very useful role in getting the country started.… (mehr)

This is one of a series of books published by ISI (Intercollegiate Studies Institute) covering the "lesser known" founding fathers. Besides this one, four volumes have been issued previously; they cover the lives of Luther Martin, Gouverneur Morris, Nathanael Greene and Charles Carroll. These books provide thorough, yet fairly brief biographies of the subjects. They are a refreshing alternative to the current tendency of publishing extensive biographies running to nearly 1,000 pages covering every single detail of a person's life, most of which is immaterial and of little value.

Reading these biographies has given me a greater appreciation for the lives of the Founding Fathers. They were, for the most part, very remarkable individuals. They were very loyal individuals who had the interests of their country at heart. The majority were principled individuals with high moral standards. Such is the case, particularly, of Oliver Ellsworth.

Born in Connecticut, he always considered his state, and more so his town and home, the best place on earth. A lawyer by trade, even though his father had originally sent him to school to be a minister, He went to Yale College first and upon graduation went to the College of New Jersey (Princeton now). Among his classmates wasalso the founder Luther Martin, James Madison, William Paterson, Aaron Burr and Henry Lee were others attending Princeton at about the same time. Upon graduation he returned to Connecticut where he practice law for a few years. He married the young, 16 year-old Abigail Wolcott, 11 years younger than him. He remained married and loyal to her till his death.

During the revolutionary war he was in the Continental Congress very much involved in the nascent courts of appeals.They were the predecessors of the Federal Court system that would be set up, partly by Ellsworth, after the nation's founding.

He was appointed a representative from Connecticut to the Constitutional Convention in 1787. He was very active in the discussions although he left the convention two weeks before the Constitution was signed. All the work had been done by then. During the convention, he sought to bring harmony among the various participants trying to balance the interests of the large states (e.g. Virginia) with those of the small ones such as Connecticut. We know the result of those discussions.

After the Constitution was signed and passed on to the states for ratification, he was very much involved in his states ratification process. Defending fervently the Constitution even though during the Convention he may not have agreed to all that was finally on it. He became one of the two Senators from Connecticut representing the first Congress. There he was instrumental in setting up the new nation's judiciary system. The Constitution itself only gave the general responsibility of the judicial power (in Article III) leaving the formation and boundaries to be set up by congress as it was needed. Ellsworth's role is crucial in determining the form and role of our federeal court system. He was afterwards appointed the first Chief Justice by President Washington.

He was the first Chief Justice to administer the oath of office of a president- in this case John Adams. Shortly after, Adams names him to be a commissioner to seek a negotiation with France. France at that time was not too pleased with the United States. Even though since the revolutionary war, both France and the US had maintained close relations, the signing of a peace treaty with England (the Jay Treaty) made the French very nervous and felt that we had betrayed them. Thus, the French navy started attacking US commercial vessels- in one year they capture more than 300. Ellsworth's role in achieving a treaty with France to solve these issues was crucial.

This was the last act he had on national politics. He retired to his home state where he died at the age of 64.… (mehr)