Joseph Hodges Choate (January 24, 1832 – May 14, 1917) was an American lawyer and diplomat. He was chairman of the American delegation at the Second Hague Conference , and ambassador to the United Kingdom.
143-826: Choate was associated with many of the most famous litigations in American legal history, including the Kansas prohibition cases, the Chinese exclusion cases, the Isaac H. Maynard election returns case, the Income Tax Suit , and the Samuel J. Tilden , Jane Stanford , and Alexander Turney Stewart will cases. In the public sphere, he was influential in the founding of the Metropolitan Museum of Art . Choate
286-428: A bridge over Ohio's Ashtabula River collapsed . The bridge had been built from metal cast at one of Stone's mills, and was carrying a train owned and operated by Stone's Lake Shore and Michigan Railway . Ninety-two people died; it was the worst rail disaster in American history up to that point. Blame fell heavily on Stone, who departed for Europe to recuperate and left Hay in charge of his businesses. The summer of 1877
429-436: A jury and then have a trial by jury or the case may proceed as a bench trial. A bench trial is only heard by the judge if the parties waive a jury trial or if the right to a jury trial is not guaranteed for their particular claim (such as those under equity in the U.S.) or for any lawsuits within their jurisdiction. Usually, lawsuits end in a settlement, with an empirical analysis finding that less than 2% of cases end with
572-413: A voluntary dismissal , so that the settlement agreement is never entered into the court record. The decisions that the jury makes are not put into effect until the judge makes a judgment, which is the approval to have this trial information be filed in public records. In a civil case, the judge is allowed at this time to make changes to the verdict that the jury came up with by either adding on or reducing
715-645: A " free silver " platform; he had electrified the delegates with his Cross of Gold speech . Hay reported to McKinley when he returned to Britain after a brief stay on the Continent during which Bryan was nominated in Chicago: "they were all scared out of their wits for fear Bryan would be elected, and very polite in their references to you." Once Hay returned to the United States in early August, he went to The Fells and watched from afar as Bryan barnstormed
858-539: A "civil action." In England and Wales the term "claim" is far more common; the person initiating proceedings is called the claimant . England and Wales began to turn away from traditional common law terminology with the Rules of the Supreme Court (1883), in which the "statement of claim" and "defence" replaced the traditional complaint and answer as the pleadings by which parties placed their case at issue before
1001-615: A $ 500 check to Hanna, the first of many. During the winter of 1895–96, Hay passed along what he heard from other Republicans influential in Washington, such as Massachusetts Senator Henry Cabot Lodge . Hay spent part of the spring and early summer of 1896 in the United Kingdom, and elsewhere in Europe. There was a border dispute between Venezuela and British Guiana , and Cleveland's Secretary of State, Richard Olney , supported
1144-673: A Spanish colony. Sickles was unsuccessful and Hay resigned in May 1870, citing the low salary, but remaining in his post until September. Two legacies of Hay's time in Madrid were magazine articles he wrote that became the basis of his first book, Castilian Days , and his lifelong friendship with Sickles's personal secretary, Alvey A. Adee , who would be a close aide to Hay at the State Department. While still in Spain, Hay had been offered
1287-652: A bride to his shared room at the White House. They remained at the White House pending the arrival and training of replacements. Hay did not accompany the Lincolns to Ford's Theatre on the night of April 14, 1865, but remained at the White House, drinking whiskey with Robert Lincoln. When the two were informed that the President had been shot , they hastened to the Petersen House, a boarding house where
1430-594: A clerk in his firm, where he could study law. Milton Hay's firm was one of the most prestigious in Illinois. Lincoln maintained offices next door and was a rising star in the new Republican Party. Hay recalled an early encounter with Lincoln: He came into the law office where I was reading ... with a copy of Harper's Magazine in hand, containing Senator Douglas's famous article on Popular Sovereignty . [whether residents of each territory could decide on slavery] Lincoln seemed greatly roused by what he had read. Entering
1573-409: A copy of the complaint to notify the defendants of the nature of the claims. Once the defendants are served with the summons and complaint, they are subject to a time limit to file an answer stating their defenses to the plaintiff's claims, which includes any challenges to the court's jurisdiction, and any counterclaims they wish to assert against the plaintiff. In a handful of jurisdictions (notably,
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#17327877426371716-445: A day. As Lincoln took no vacations as president and worked seven days a week, often until 11 pm (or later, during crucial battles) the burden on his secretaries was heavy. Hay and Nicolay divided their responsibilities, Nicolay tending to assist Lincoln in his office and in meetings, while Hay dealt with the correspondence, which was voluminous. Both men tried to shield Lincoln from office-seekers and others who wanted to meet with
1859-478: A firm, free way, with more grace than is his wont, said his half-dozen lines of consecration." Lincoln sent Hay away from the White House on various missions. In August 1861, Hay escorted Mary Lincoln and her children to Long Branch, New Jersey , a resort on the Jersey Shore , both as their caretaker and as a means of giving Hay a much-needed break. The following month, Lincoln sent him to Missouri to deliver
2002-495: A full decade before his appointment in 1897 as ambassador to England, Hay was lazy and uncertain." Hay continued to devote much of his energy to Republican politics. In 1884, he supported Blaine for president, donating considerable sums to the senator's unsuccessful campaign against New York Governor Grover Cleveland . Many of Hay's friends were unenthusiastic about Blaine's candidacy, to Hay's anger, and he wrote to editor Richard Watson Gilder , "I have never been able to appreciate
2145-401: A history of unscrupulous lawyers deliberately reserving such issues in order to ambush each other in the appellate courts (the "invited error" problem). The idea is that it is more efficient to force all parties to fully litigate all relevant issues of fact before the trial court. Thus, a party who does not raise an issue of fact at the trial court level generally cannot raise it on appeal. When
2288-555: A letter to Union General John C. Frémont , who had irritated the President with military blunders and by freeing local slaves without authorization, endangering Lincoln's attempts to keep the border states in the Union. In April 1863, Lincoln sent Hay to the Union-occupied South Carolina coast to report back on the ironclad vessels being used in an attempt to recapture Charleston Harbor. Hay then went on to
2431-610: A month, thinking it would be like talking in a boiler factory. But he met me at the [railroad] station, gave me meat & took me upstairs and talked for two hours as calmly & serenely as if we were summer boarders in Bethlehem, at a loss for means to kill time. I was more struck than ever with his mask. It is a genuine Italian ecclesiastical face of the XVth Century. Hay was disgusted by Bryan's speeches, writing in language that Taliaferro compares to The Bread-Winners that
2574-649: A nomination soon joined in by the Democrats. Hay was unenthusiastic about the editor-turned-candidate, and in his editorials mostly took aim at Grant, who, despite the scandals, remained untarred, and who won a landslide victory in the election . Greeley died only weeks later, a broken man. Hay's stance endangered his hitherto sterling credentials in the Republican Party. By 1873, Hay was wooing Clara Stone, daughter of Cleveland multimillionaire railroad and banking mogul Amasa Stone . Their marriage in 1874 made
2717-456: A reformer, he watched as his favored Democrat, Samuel Tilden , gained his party's nomination, but his favored Republican, James G. Blaine , did not, falling to Ohio Governor Rutherford B. Hayes , whom Hay did not support during the campaign. Hayes's victory in the election left Hay an outsider as he sought a return to politics, and he was initially offered no place in the new administration. Nevertheless, Hay attempted to ingratiate himself with
2860-408: A reply to this counterclaim. The defendant may also file a " third party complaint ", which is the defendant's privilege to join another party or parties in the action with the belief that those parties may be liable for some or all of the plaintiff's claimed damages. An answer from the defendant in response to the claims made against him/her, can also include additional facts or a so-called "excuse" for
3003-590: A reversal of the decision of the original court-martial. His greatest reputation was won perhaps in cross-examination. In politics, he allied himself with the Republican Party on its organization, being a frequent speaker in presidential campaigns, beginning with that of 1856. He never held political office, although he was a candidate for the Republican U.S. senatorial nomination for New York against Senator Thomas C. Platt in 1897. During this time he
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#17327877426373146-442: A second-class mission uncommonly well". From May to October 1879, Hay set out to reconfirm his credentials as a loyal Republican, giving speeches in support of candidates and attacking the Democrats. In October, President and Mrs. Hayes came to a reception at Hay's Cleveland home. When Assistant Secretary of State Frederick W. Seward resigned later that month, Hay was offered his place and accepted, after some hesitancy because he
3289-407: A share of the ultimate settlement or award. If the case ultimately loses, the litigant does not have to pay any of the money funded back. Legal financing is different from a typical bank loan in that the legal financing company does not look at credit history or employment history. Litigants do not have to repay the cash advance with monthly payments, but do have to fill out an application so that
3432-489: A sorrowful man, religious and competent, giving of his life and health to preserve the Union. Similarly, Hay served as what Taliaferro deemed a "White House propagandist," in his columns explaining away losses such as that at First Bull Run in July 1861. Despite the heavy workload—Hay wrote that he was busy 20 hours a day—he tried to make as normal a life as possible, eating his meals with Nicolay at Willard's Hotel , going to
3575-550: A statement that Kushner and Sherrill found unconvincing given that Hay had spent hundreds of hours during the war with Secretary of State William H. Seward , who had often discussed personal and political matters with him, and the close relationship between the two men was so well known that office-seekers cultivated Hay as a means of getting to Seward. The two men were also motivated to find new jobs by their deteriorating relationship with Mary Lincoln, who sought their ouster, and by Nicolay's desire to wed his intended—he could not bring
3718-468: A success, because of the advancement of good feelings and cooperation between the two nations. An ongoing dispute between the U.S. and Britain was over the practice of pelagic sealing, that is, the capture of seals offshore of Alaska. The U.S. considered them American resources; the Canadians (Britain was still responsible for that dominion's foreign policy) contended that the mammals were being taken on
3861-415: A trial. It is sometimes said that 95% of cases end in settlement; few jurisdictions report settlements, but empirical analysis suggests that the settlement rate varies by type of lawsuit, with torts settling around 90% of the time and overall civil cases settling 50% of the time; other cases end due to default judgment , lack of a valid claim, and other reasons. At trial, each person presents witnesses and
4004-415: Is a generalized description of how a lawsuit may proceed in a common law jurisdiction: A lawsuit begins when a complaint or petition, known as a pleading, is filed with the court. A complaint should explicitly state that one or more plaintiffs seek(s) damages or equitable relief from one or more stated defendants, and also should state the relevant factual allegations supporting the legal claims brought by
4147-416: Is a legal basis for the appeal, then one has the right to do so. The prevailing party may appeal, for example, if they wanted a larger award than was granted. The appellate court (which may be structured as an intermediate appellate court) and/or a higher court then affirms the judgment, declines to hear it (which effectively affirms it), reverses—or vacates and remands. This process would then involve sending
4290-595: Is also possible for one state to apply the law of another in cases where additionally it may not be clear which level (or location) of court actually has jurisdiction over the claim or personal jurisdiction over the defendant, or whether the plaintiff has standing to participate in a lawsuit. About 98 percent of civil cases in the United States federal courts are resolved without a trial. Domestic courts are also often called upon to apply foreign law, or to act upon foreign defendants, over whom they may not even have
4433-486: Is called appearing pro se . Many courts have a pro se clerk to assist people without lawyers. A pretrial discovery can be defined as "the formal process of exchanging information between the parties about the witnesses and evidence they'll present at trial" and allows for the evidence of the trial to be presented to the parties before the initial trial begins. The early stages of the lawsuit may involve initial disclosures of evidence by each party and discovery , which
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4576-437: Is likewise important that the plaintiff select the proper venue with the proper jurisdiction to bring the lawsuit. The clerk of a court signs or stamps the court seal upon a summons or citation, which is then served by the plaintiff upon the defendant, together with a copy of the complaint. This service notifies the defendants that they are being sued and that they are limited in the amount of time to reply. The service provides
4719-399: Is no reasonable way that the other party could legally win and therefore there is no sense in continuing with the trial. Motions for summary judgment , for example, can usually be brought before, after, or during the actual presentation of the case. Motions can also be brought after the close of a trial to undo a jury verdict contrary to law or against the weight of the evidence, or to convince
4862-404: Is the structured exchange of evidence and statements between the parties. Discovery is meant to eliminate surprises, clarify what the lawsuit is about, and also to make the parties decide if they should settle or drop frivolous claims or defenses. At this point, the parties may also engage in pretrial motions to exclude or include particular legal or factual issues before trial. There is also
5005-468: Is used with respect to a civil action brought by a plaintiff (a party who claims to have incurred loss as a result of a defendant's actions) who requests a legal remedy or equitable remedy from a court . The defendant is required to respond to the plaintiff's complaint or else risk default judgment . If the plaintiff is successful, judgment is entered in favor of the plaintiff, and the Court may impose
5148-732: The New-York Tribune under Horace Greeley and Whitelaw Reid . Hay remained active in politics, and from 1879 to 1881 served as Assistant Secretary of State . Afterward, he returned to the private sector, remaining there until President McKinley, of whom he had been a major backer, made him the Ambassador to the United Kingdom in 1897. Hay became the Secretary of State the following year. Hay served for nearly seven years as Secretary of State under President McKinley and, after McKinley's assassination , under Theodore Roosevelt. Hay
5291-922: The Income Tax Suit . In 1871, he became a member of the Committee of Seventy in New York City , which was instrumental in breaking up the Tweed Ring , and later assisted in the prosecution of the indicted officials. He served as president of the American Bar Association , the New York State Bar Association , and the New York City Bar Association . In the retrial of the General Fitz-John Porter case, he obtained
5434-469: The U.S. state of New York ) a lawsuit begins when one or more plaintiffs properly serve a summons and complaint upon the defendants. In such jurisdictions, nothing must be filed with the court until a dispute develops requiring actual judicial intervention. If the defendant chooses to file an answer within the time permitted, the answer must address each of the plaintiffs' allegations. The defendant has three choices to make, which include either admitting to
5577-569: The University of Cambridge on the recommendation of the Cambridge Vice-Chancellor for study in any Department of Harvard University. Litigation A lawsuit is a proceeding by one or more parties (the plaintiff or claimant) against one or more parties (the defendant ) in a civil court of law . The archaic term " suit in law " is found in only a small number of laws still in effect today. The term "lawsuit"
5720-774: The University of St Andrews in October 1902. He was an elected member of both the American Academy of Arts and Sciences and the American Philosophical Society . In 1919, two years after his death, members of the Harvard Club of New York City established the Joseph Hodges Choate Memorial Fellowship at Harvard University to commemorate his life and legacy. It is awarded each year to a student from
5863-444: The ten-volume biography was published in 1890. In 1884, Hay and Adams commissioned architect Henry Hobson Richardson to construct houses for them on Washington's Lafayette Square ; these were completed by 1886. Hay's house, facing the White House and fronting on Sixteenth Street, was described even before completion as "the finest house in Washington." The price for the combined tract, purchased from William Wilson Corcoran ,
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6006-554: The American Society in London in 1897, Hay echoed these points, "The great body of people in the United States and England are friends ... [sharing] that intense respect and reverence for order, liberty, and law which is so profound a sentiment in both countries". Although Hay was not successful in resolving specific controversies in his year and a third as ambassador, both he and British policymakers regarded his tenure as
6149-628: The Assistant Secretary of State, William Phillips , among many others. He was buried in the Stockbridge Cemetery in Stockbridge, Massachusetts . Memorial services were held on May 22 in London, England, and on May 31 at Trinity Church on Wall Street . Through his granddaughter, Helen Choate Platt (1906–1974), he is the great-grandfather of diplomat Nicholas Platt (b. 1936), the former U.S. Ambassador to Zambia ,
6292-552: The Democrat "simply reiterates the unquestioned truths that every man with a clean shirt is a thief and ought to be hanged: that there is no goodness and wisdom except among the illiterate & criminal classes". Despite Bryan's strenuous efforts, McKinley won the election easily, with a campaign run by himself and Hanna, and well-financed by supporters like Hay. Henry Adams later wondered, "I would give sixpence to know how much Hay paid for McKinley. His politics must have cost." In
6435-536: The Florida coast. He returned to Florida in January 1864, after Lincoln had announced his Ten Percent Plan , that if ten percent of the 1860 electorate in a state took oaths of loyalty and to support emancipation, they could form a government with federal protection. Lincoln considered Florida, with its small population, a good test case, and made Hay a major , sending him to see if he could get sufficient men to take
6578-758: The House of Commons, where he was greatly impressed by the Chancellor of the Exchequer, Benjamin Disraeli . The Vienna post was only temporary, until Johnson could appoint a chargé d'affaires and have him confirmed by the Senate, and the workload was light, allowing Hay, who was fluent in German, to spend much of his time traveling. It was not until July 1868 that Henry Watts became Hay's replacement. Hay resigned, spent
6721-484: The New York bar in 1856, after which he entered the law office of Scudder & Carter in New York City . His success in his profession was immediate, and in 1860 he became junior partner in the firm of Evarts, Southmayd & Choate, the senior partner in which was William M. Evarts . This firm and its successor, that of Evarts, Choate & Beaman, remained for many years among the leading law firms of New York and of
6864-578: The Philippines , and Pakistan ; and the great-great-grandfather of actor Oliver Platt (b. 1960). He was awarded an honorary doctorate ( LL.D. ) by the University of Edinburgh in March 1900; another LL.D. from Yale University in October 1901, during celebrations for the bicentenary of the university; an honorary doctorate ( D.C.L. ) by the University of Oxford in June 1902; and an honorary degree by
7007-424: The President. Unlike the dour Nicolay, Hay, with his charm, escaped much of the hard feelings from those denied Lincoln's presence. Abolitionist Thomas Wentworth Higginson described Hay as "a nice young fellow, who unfortunately looks about seventeen and is oppressed with the necessity of behaving like seventy." Hay continued to write, anonymously, for newspapers, sending in columns calculated to make Lincoln appear
7150-407: The U.S. also invited Russia and Japan, rendering the conference ineffective. Another issue on which no agreement was reached was that of bimetallism : McKinley had promised silver-leaning Republicans to seek an international agreement varying the price ratio between silver and gold to allow for free coinage of silver, and Hay was instructed to seek British participation. The British would only join if
7293-660: The Venezuelan position, announcing the Olney interpretation of the Monroe Doctrine . Hay told British politicians that McKinley, if elected, would be unlikely to change course. McKinley was nominated in June 1896; still, many Britons were minded to support whoever became the Democratic candidate. This changed when the 1896 Democratic National Convention nominated former Nebraska congressman William Jennings Bryan on
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#17327877426377436-487: The White House. Throughout the American Civil War , Hay was close to Lincoln and stood by his deathbed after the President was shot . In addition to his other literary works, Hay co-authored, with John George Nicolay , a ten-volume biography of Lincoln that helped shape the assassinated president's historical image. After Lincoln's death, Hay spent several years at diplomatic posts in Europe, then worked for
7579-412: The ability of one to make an under-oath statement during the pretrial, also known as a deposition. The deposition can be used in the trial or just in the pretrial, but this allows for both parties to be aware of the arguments or claims that are going to be made by the other party in the trial. It is notable that the depositions can be written or oral. At the close of discovery, the parties may either pick
7722-482: The ability of one to present claims or defenses at any subsequent trial, or even lead to the dismissal of the lawsuit altogether. Though the majority of lawsuits are settled before ever reaching trial, they can still be very complicated to litigate. This is particularly true in federal systems, where a federal court may be applying state law (e.g. the Erie doctrine , for example in the United States ), or vice versa. It
7865-486: The ability to enforce a judgment if the defendant's assets are theoretically outside their reach. Lawsuits can become additionally complicated as more parties become involved (see joinder ). Within a "single" lawsuit, there can be any number of claims and defenses (all based on numerous laws) between any number of plaintiffs or defendants. Each of these participants can bring any number of cross-claims and counterclaims against each other, and even bring additional parties into
8008-414: The allegation, denying it, or pleading a lack of sufficient information to admit or deny the allegation. Some jurisdictions, like California and Florida, still authorize general denials of each and every allegation in the complaint. At the time the defendant files an answer, the defendant also raises all "affirmative" defenses. The defendant may also assert counterclaims for damages or equitable relief against
8151-425: The approximate meaning of some kind of legal proceeding, but an action terminated when a judgment was rendered, while a suit also included the execution of the judgment. Particularly in the United States, plaintiffs and defendants who lack financial resources for litigation or other attorney's fees may be able to obtain legal financing . Legal financing companies can provide a cash advance to litigants in return for
8294-475: The attorneys representing them are called litigators. The term litigation may also refer to the conducting of criminal actions (see criminal procedure ). The word "lawsuit" derives from the combination of law and suit. Suit derives from the old French "suite, sieute" meaning to pursue or follow. This term was derived from the Latin "secutus", the past participle of "sequi" meaning to attend or follow. Similarly,
8437-810: The building of the Panama Canal . John Milton Hay was born in Salem, Indiana , on October 8, 1838. He was the third son of Dr. Charles Hay and the former Helen Leonard. Charles Hay, born in Lexington, Kentucky , hated slavery and moved to the North in the early 1830s. A doctor, he practiced in Salem. Helen's father, David Leonard, had moved his family west from Assonet, Massachusetts , in 1818, but died en route to Vincennes, Indiana , and Helen relocated to Salem in 1830 to teach school. They married there in 1831. Charles
8580-686: The cause of the Allies . He severely criticized President Wilson 's hesitation to recommend America's immediate cooperation, but shortly before his death retracted his criticism. He was chairman of the mayor 's committee in New York for entertaining the British and French commissions in 1917. His death was hastened by the physical strain of his constant activities in this connection. On October 16, 1861, he married Caroline Dutcher Sterling Choate (1837–1929), who had been born in Salisbury, Connecticut . She
8723-513: The claimant, policyholder, or applicant files a lawsuit with the courts to seek review of that decision, and from that point forward participates in the lawsuit as a plaintiff. In other words, the terms "claimant" and "plaintiff" carry substantially different connotations of formality in American English, in that only the latter risks an award of costs in favor of an adversary in a lawsuit. In medieval times, both "action" and "suit" had
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#17327877426378866-669: The codified text of the Ku Klux Klan Act . The fusion of common law and equity in England in the Judicature Acts of 1873 and 1875 led to the collapse of that distinction, so it became possible to speak of a "lawsuit." In the United States , the Federal Rules of Civil Procedure (1938) abolished the distinction between actions at law and suits in equity in federal practice, in favor of a single form referred to as
9009-683: The common man, and mystical patriotism". Speaker of the House Galusha Grow stated, "Lincoln was very much attached to him"; writer Charles G. Halpine , who knew Hay then, later recorded that "Lincoln loved him as a son". Hay and Nicolay accompanied Lincoln to Gettysburg, Pennsylvania , for the dedication of the cemetery there, where were interred many of those who fell at the Battle of Gettysburg . Although they made much of Lincoln's brief Gettysburg Address in their 1890 multi-volume biography of Lincoln, Hay's diary states "the President, in
9152-839: The cost of their extravagant lifestyle". During his service as ambassador, Hay attempted to advance the relationship between the U.S. and Britain. The United Kingdom had long been seen negatively by many Americans, a legacy of its role during the American Revolution that was refreshed by its neutrality in the American Civil War , when it allowed merchant raiders such as the Alabama to be constructed in British ports, which then preyed on US-flagged ships. In spite of these past differences, according to Taliaferro, "rapprochement made more sense than at any time in their respective histories". In his Thanksgiving Day address to
9295-421: The costs of litigation and attorneys' fees, and for this reason, many litigants turn to reputable legal financing companies to apply for a cash advance to help pay for bills. Defendants, civil rights organizations, public interest organizations, and government public officials can all set up an account to pay for litigation costs and legal expenses. These legal defense funds can have large membership counts where
9438-516: The country from disaster. By the end of 1894, he was deeply involved in efforts to lay the groundwork for the governor's 1896 presidential bid . It was Hay's job to persuade potential supporters that McKinley was worth backing. Nevertheless, Hay found time for a lengthy stay in New Hampshire—one visitor at The Fells in mid-1895 was Rudyard Kipling —and later in the year wrote, "The summer wanes and I have done nothing for McKinley." He atoned with
9581-485: The country, the activities of both being national rather than local. During these busy years, Choate was associated with many of the most famous legal cases in American legal history, including the Tilden , Alexander Turney Stewart , and Jane Stanford will cases, the Kansas prohibition cases, the Chinese exclusion cases (in which he argued against the law's validity), the Isaac H. Maynard election returns case, and
9724-473: The crumpled temper, that kicked the lamp, that spilled the kerosene, that fired the straw that burned Chicago". His work at the Tribune came as his fame as a poet was reaching its peak, and one colleague described it as "a liberal education in the delights of intellectual life to sit in intimate companionship with John Hay and watch the play of that well-stored and brilliant mind". In addition to writing, Hay
9867-413: The doctrine of res judicata from relitigating any of the issues, even under different legal theories. Judgments are typically a monetary award. If the defendant fails to pay, the court has various powers to seize any of the defendant's assets located within its jurisdiction, such as: If all assets are located elsewhere, the plaintiff must file another suit in the appropriate court to seek enforcement of
10010-475: The editor's friends had insisted that Reid not endanger his health through office, especially in London's smoggy climes. The following month, in a letter, Hay set forth his own case for the ambassadorship, and urged McKinley to act quickly, as suitable accommodations in London would be difficult to secure. Hay gained his object (as did Hanna), and shifted his focus to appeasing Reid. Taliaferro states that Reid never blamed Hay, but Kushner and Sherrill recorded, "Reid
10153-407: The election of Lincoln, seen as an opponent of slavery. When Lincoln was sworn in on March 4, Hay and Nicolay moved into the White House, sharing a shabby bedroom. As there was only authority for payment of one presidential secretary (Nicolay), Hay was appointed to a post in the Interior Department at $ 1,600 per year, seconded to service at the White House. They were available to Lincoln 24 hours
10296-520: The end of 1864, with Lincoln reelected and the victorious war winding down, both Hay and Nicolay let it be known that they desired different jobs. Soon after Lincoln's second inauguration in March 1865, the two secretaries were appointed to the US delegation in Paris, Nicolay as consul and Hay as secretary of legation. Hay wrote to his brother Charles that the appointment was "entirely unsolicited and unexpected",
10439-414: The evidence collected is recorded. After this occurs, the judge or jury renders their decision. Generally speaking, the plaintiff has the burden of proof in making his claims, however, the defendant may have the burden of proof on other issues, such as affirmative defenses . The attorneys are held responsible in devising a trial strategy that ensures they meet the necessary elements of their case or (when
10582-561: The following month left Hay again on the outside of political power, looking in. He would spend the next fifteen years in that position. After 1881, Hay did not again hold public office until 1897. Amasa Stone committed suicide in 1883; his death left the Hays very wealthy. They spent several months in most years traveling in Europe. The Lincoln biography absorbed some of Hay's time, the hardest work being done with Nicolay in 1884 and 1885; beginning in 1886, portions began appearing serially, and
10725-535: The gall which I fear he lacks". Garfield consulted Hay before and after his election as president on appointments and other matters, but offered Hay only the post of private secretary (though he promised to increase its pay and power), and Hay declined. Hay resigned as assistant secretary effective March 31, 1881, and spent the next seven months as acting editor of the Tribune during Reid's extended absence in Europe. Garfield's death in September and Reid's return
10868-524: The governor's means to pay, and the possibility of insolvency threatened McKinley's promising political career. Hay was among those Hanna called upon to contribute, buying up $ 3,000 of the debt of over $ 100,000. Although others paid more, "Hay's checks were two of the first, and his touch was more personal, a kindness McKinley never forgot". The governor wrote, "How can I ever repay you & other dear friends?" The same panic that nearly ruined McKinley convinced Hay that men like himself must take office to save
11011-414: The high seas, free to all. Soon after Hay's arrival, McKinley sent former Secretary of State John W. Foster to London to negotiate the issue. Foster quickly issued an accusatory note to the British that was printed in the newspapers. Although Hay was successful in getting Lord Salisbury , then both Prime Minister and Foreign Secretary, to agree to a conference to decide the matter, the British withdrew when
11154-541: The huge amounts of correspondence, Hay worked full-time for Lincoln for six months. After Lincoln was elected, Nicolay, who continued as Lincoln's private secretary, recommended that Hay be hired to assist him at the White House. Lincoln is reported to have said, "We can't take all Illinois with us down to Washington" but then "Well, let Hay come". Kushner and Sherrill were dubious about "the story of Lincoln's offhand appointment of Hay" as fitting well into Hay's self-image of never having been an office-seeker, but "poorly into
11297-603: The internet. For example, in the case of William J. Ralph Jr. v. Lind-Waldock & Company (September 1999), one would assume that Ralph lost the case when in fact, upon review of the evidence, it was found that Ralph was correct in his assertion that improper activity took place on the part of Lind-Waldock, and Ralph settled with Lind-Waldock. Cases such as this illustrate the need for more comprehensive information than mere internet searches when researching legal decisions. While online searches are appropriate for many legal situations, they are not appropriate for all. The following
11440-416: The judge to change the decision or grant a new trial. Also, at any time during this process from the filing of the complaint to the final judgment, the plaintiff may withdraw the complaint and end the whole matter, or the defendant may agree to a settlement. If the case settles, the parties might choose to enter into a stipulated judgment with the settlement agreement attached, or the plaintiff may simply file
11583-416: The lawsuit back to the lower trial court to address an unresolved issue, or possibly request for a whole new trial. Some lawsuits go up and down the appeals ladder repeatedly before final resolution. The appeal is a review for errors rather than a new trial, so the appellate court will defer to the discretion of the original trial court if an error is not clear. The initial step in making an appeal consists of
11726-408: The lawsuit is finally resolved, or the allotted time to appeal has expired, the matter is res judicata , meaning the plaintiff may not bring another action based on the same claim again. In addition, other parties who later attempt to re-litigate a matter already ruled on in a previous lawsuit will be estopped from doing so. When a final judgment is entered, the plaintiff is usually barred under
11869-586: The legal and/or equitable remedies available against the defendant (respondent). A variety of court orders may be issued in connection with or as part of the judgment to enforce a right , award damages or restitution, or impose a temporary or permanent injunction to prevent an act or compel an act. A declaratory judgment may be issued to prevent future legal disputes . A lawsuit may involve resolution of disputes involving issues of private law between individuals, business entities or non-profit organizations . A lawsuit may also involve issues of public law in
12012-467: The legal financing company can review the merits of the case. Legal financing can be a practical means for litigants to obtain financing while they wait for a monetary settlement or an award in their personal injury , workers' compensation , or civil rights lawsuit. Often, plaintiffs who were injured or forced to leave their jobs still have mortgages , rent, medical expenses, or other bills to pay. Other times, litigants may simply need money to pay for
12155-459: The logic that induces some excellent people every four years because they cannot nominate the candidate they prefer to vote for the party they don't prefer." In 1888, Hay had to follow his own advice as his favored candidate, Ohio Senator John Sherman , was unsuccessful at the Republican convention . After some reluctance, Hay supported the nominee, former Indiana senator Benjamin Harrison , who
12298-498: The loss of a father ... Lincoln's assassination erased any remaining doubts Hay had about Lincoln's greatness." In 1866, in a personal letter, Hay deemed Lincoln, "the greatest character since Christ". Taliaferro noted that "Hay would spend the rest of his life mourning Lincoln ... wherever Hay went and whatever he did, Lincoln would always be watching". Hay sailed for Paris at the end of June 1865. There, he served under U.S. Minister to France John Bigelow . The workload
12441-405: The lower court. There were no errors made, the case would then end, but if the decision was reversed, the appellate court would then send the case back down to the lower court level. There, a new trial will be held and new information taken into account. Some jurisdictions, notably the United States, but prevalent in many other countries, prevent parties from relitigating the facts on appeal, due to
12584-498: The members contribute to the fund. Unlike legal financing from legal financing companies, legal defense funds provide a separate account for litigation rather than a one-time cash advancement, nevertheless, both are used for purposes of financing litigation and legal costs. There was a study conducted in the Supreme Court Economic Review that shows why litigation financing can be practical and beneficial to
12727-408: The most brilliant writer of "breviers" (as such editorials were called) that he had ever had. With his success as an editorial writer, Hay's duties expanded. In October 1871, he journeyed to Chicago after the great fire there , interviewing Mrs. O'Leary , whose cow was said to have started the blaze, describing her as "a woman with a lamp [who went] to the barn behind the house, to milk the cow with
12870-406: The motion be filed within the time period specified in the summons for an answer. If all of the above motions are denied by the trial court, and the defendant loses on all appeals from such denials (if that option is available), and finally the defendant must file an answer. Usually the pleadings are drafted by a lawyer , but in many courts persons can file papers and represent themselves, which
13013-502: The nation in his campaign while McKinley gave speeches from his front porch . Despite an invitation from the candidate, Hay was reluctant to visit McKinley at his home in Canton. "He has asked me to come, but I thought I would not struggle with the millions on his trampled lawn". In October, after basing himself at his Cleveland home and giving a speech for McKinley, Hay went to Canton at last, writing to Adams, I had been dreading it for
13156-470: The new Grant administration . The next month, due to the influence of his friends, he obtained the post of secretary of legation in Spain. Although the salary was low, Hay was interested in serving in Madrid both because of the political situation there—Queen Isabella II had recently been deposed—and because the U.S. Minister was the swashbuckling former congressman, General Daniel Sickles . Hay hoped to assist Sickles in gaining U.S. control over Cuba, then
13299-601: The new president by sending him a gold ring with a strand of George Washington's hair, a gesture that Hayes deeply appreciated. Hay spent time working with Nicolay on their Lincoln biography, and traveling in Europe. When Reid, who had succeeded Greeley as editor of the Tribune , was offered the post of Minister to Germany in December 1878, he turned it down and recommended Hay. Secretary of State William M. Evarts indicated that Hay "had not been active enough in political efforts", to Hay's regret, who told Reid that he "would like
13442-428: The new president, Andrew Johnson , who had his own candidate. Seward offered Hay a job as his private secretary, but Hay declined, and returned home to Warsaw, Illinois. Initially happy to be home, Hay quickly grew restive, and he was glad to hear, in early June 1867, that he had been appointed secretary of legation to act as chargé d'affaires at Vienna. He sailed for Europe the same month, and while in England visited
13585-514: The oath. Hay spent a month in the state during February and March 1864, but Union defeats there reduced the area under federal control. Believing his mission impractical, he sailed back to Washington. In July 1864, New York publisher Horace Greeley sent word to Lincoln that there were Southern peace emissaries in Canada. Lincoln doubted that they actually spoke for Confederate President Jefferson Davis , but had Hay journey to New York to persuade
13728-404: The office without a salutation, he said: "This will never do. He puts the moral element out of this question. It won't stay out." Hay was not a supporter of Lincoln for president until after his nomination in 1860. Hay then made speeches and wrote newspaper articles boosting Lincoln's candidacy. When Nicolay, who had been made Lincoln's private secretary for the campaign, found he needed help with
13871-399: The opposing party has the burden of proof) to ensure the opponent will not be able to meet his or her burden. There are numerous motions that either party can file throughout the lawsuit to terminate it "prematurely"—before submission to the judge or jury for final consideration. These motions attempt to persuade the judge, through legal argument and sometimes accompanying evidence, that there
14014-572: The other court's previous judgment. This can be a difficult task when crossing from a court in one state or nation to another, however, courts tend to grant each other respect when there is not a clear legal rule to the contrary. A defendant who has no assets in any jurisdiction is said to be " judgment-proof ." The term is generally a colloquialism to describe an impecunious defendant. Indigent judgment-proof defendants are no longer imprisoned; debtor's prisons have been outlawed by statute, constitutional amendment, or international human rights treaties in
14157-572: The overall court system and lawsuits within the court. This study concluded that the new rules that were set for litigation financing actually did produce more settlements. Under conservative rules, there tended to be fewer settlements, however under the older rules they tended to be larger on average. Legal financing can become an issue in some cases, varying from case to case and person to person. It can be beneficial in many situations, however also detrimental in others. John Hay John Milton Hay (October 8, 1838 – July 1, 1905)
14300-410: The petitioner filing a notice of appeal and then sending in a brief, a written document stating reason for appeal, to the court. Decisions of the court can be made immediately after just reading the written brief, or there can also be oral arguments made by both parties involved in the appeal. The appellate court then makes the decision about what errors were made when the law was looked at more closely in
14443-451: The plaintiff. For example, in the case of "compulsory counterclaims," the defendant must assert some form of counterclaim or risk having the counterclaim barred in any subsequent proceeding. In the case of making a counterclaim, the defendant is making a motion directed towards the plaintiff claiming that he/she was injured in some way or would like to sue the plaintiff. The plaintiff in this example would then receive some amount of time to make
14586-400: The plaintiffs. As the initial pleading, a complaint is the most important step in a civil case because a complaint sets the factual and legal foundation for the entirety of a case. While complaints and other pleadings may ordinarily be amended by a motion with the court, the complaint sets the framework for the entire case and the claims that will be asserted throughout the entire lawsuit. It
14729-400: The plead. Filing an answer "joins the cause" and moves the case into the pre-trial phase. Instead of filing an answer within the time specified in the summons, the defendant can choose to dispute the validity of the complaint by filing a demurrer (in the handful of jurisdictions where that is still allowed) or one or more "pre-answer motions," such as a motion to dismiss. It is important that
14872-413: The position of assistant editor at the New-York Tribune —both the editor, Horace Greeley, and his managing editor, Whitelaw Reid , were anxious to hire Hay. He joined the staff in October 1870. The Tribune was the leading reform newspaper in New York, and through mail subscriptions, the largest-circulating newspaper in the nation. Hay wrote editorials for the Tribune , and Greeley soon proclaimed him
15015-418: The position. According to Taliaferro, "only after the deed was accomplished and Hay was installed as the ambassador to the Court of St. James's would it be possible to detect just how subtly and completely he had finessed his ally and friend, Whitelaw Reid". A telegraph from Hay to McKinley in the latter's papers, dated December 26 (most likely 1896) reveals the former's suggestion that McKinley tell Reid that
15158-425: The post-election speculation as to who would be given office under McKinley, Hay's name figured prominently, as did that of Whitelaw Reid; both men sought high office in the State Department, either as secretary or one of the major ambassadorial posts. Reid, in addition to his vice-presidential run, had been Minister to France under Harrison. An asthmatic , he handicapped himself by departing for Arizona Territory for
15301-552: The presidency until the spring of 1905. In England, he won great personal popularity, and accomplished much in fostering the good relations of the two great English-speaking powers. He represented the president at the funeral of Queen Victoria. He was one of the representatives of the United States at the Second Hague Peace Conference in 1907. Upon the outbreak of the World War I , he ardently supported
15444-623: The publisher to go to Niagara Falls, Ontario , to meet with them and bring them to Washington. Greeley reported to Lincoln that the emissaries lacked accreditation by Davis, but were confident they could bring both sides together. Lincoln sent Hay to Ontario with what became known as the Niagara Manifesto: that if the South laid down its arms, freed the slaves, and reentered the Union, it could expect liberal terms on other points. The Southerners refused to come to Washington to negotiate. By
15587-421: The punishment. In criminal cases the situation is a little different, because in this case the judge does not have the authority to change the jury decision. After a final decision has been made, either party or both may appeal from the judgment if they believe there had been a procedural error made by the trial court. It is not necessarily an automatic appeal after every judgment has been made, however, if there
15730-426: The realities of Springfield politics of the 1860s"—Hay must have expected some reward for handling Lincoln's correspondence for months. Hay biographer John Taliaferro suggests that Lincoln engaged Nicolay and Hay to assist him, rather than more seasoned men, both "out of loyalty and surely because of the competence and compatibility that his two young aides had demonstrated". Historian Joshua Zeitz argues that Lincoln
15873-498: The remainder of the summer in Europe, then went home to Warsaw. Unemployed again, in December 1868 Hay journeyed to the capital, writing to Nicolay that he "came to Washington in the peaceful pursuit of a fat office. But there is nothing just now available". Seward promised to "wrestle with Andy for anything that turns up", but nothing did prior to the departure of both Seward and Johnson from office on March 4, 1869. In May, Hay went back to Washington from Warsaw to press his case with
16016-450: The salary attached to office a small consideration for the rest of his life. Amasa Stone needed someone to watch over his investments, and wanted Hay to move to Cleveland to fill the post. Although the Hays initially lived in John's New York apartment and later in a townhouse there, they moved in June 1875 to Stone's ornate home on Cleveland's Euclid Avenue , "Millionaire's Row", and a mansion
16159-485: The same jurisdiction. It is important for litigants to be aware of all relevant procedural rules (or to hire competent counsel who can either comply with such rules on their behalf or explain the rules to them), because the litigants ultimately dictate the timing and progression of the lawsuit. Litigants are responsible for obtaining the desired result and the timing of reaching this result. Failure to comply with procedural rules may result in serious limitations that can affect
16302-836: The secretaries' objections, Mrs. Lincoln was generally the victor and managed to save almost 70 percent of her husband's salary in his four years in office. After the death of Lincoln's 11-year-old son Willie in February 1862 (an event not mentioned in Hay's diary or correspondence), "it was Hay who became, if not a surrogate son, then a young man who stirred a higher form of parental nurturing that Lincoln, despite his best intentions, did not successfully bestow on either of his surviving children". According to Hay biographer Robert Gale, "Hay came to adore Lincoln for his goodness, patience, understanding, sense of humor, humility, magnanimity, sense of justice, healthy skepticism, resilience and power, love of
16445-521: The secretaryship of state was likely to attract him and cause a vacancy that Hanna could fill . Hay knew that with only eight cabinet positions, only one could go to an Ohioan, and so he had no chance for a cabinet post. Accordingly, Hay encouraged Reid to seek the State position, while firmly ruling himself out as a possible candidate for that post, and quietly seeking the inside track to be ambassador in London. Zeitz states that Hay "aggressively lobbied" for
16588-411: The sense that the state is treated as if it were a private party in a civil case, either as a plaintiff with a civil cause of action to enforce certain laws or as a defendant in actions contesting the legality of the state's laws or seeking monetary damages for injuries caused by agents of the state. Conducting a civil action is called litigation. The plaintiffs and defendants are called litigants and
16731-455: The stricken Lincoln had been taken. Hay remained by Lincoln's deathbed through the night and was present when he died. At the moment of Lincoln's death, Hay observed "a look of unspeakable peace came upon his worn features". He heard War Secretary Edwin Stanton 's declaration, "Now he belongs to the ages." According to Kushner and Sherrill, "Lincoln's death was for Hay a personal loss, like
16874-451: The suit on either side after it progresses. In reality, however, courts typically have some power to sever claims and parties into separate actions if it is more efficient to do so. A court can do this if there is not a sufficient overlap of factual issues between the various associates, separating the issues into different lawsuits. The official ruling of a lawsuit can be somewhat misleading because post-ruling outcomes are often not listed on
17017-497: The theater with Abraham and Mary Todd Lincoln , and reading Les Misérables in French. Hay, still in his early 20s, spent time both in barrooms and at cultured get-togethers in the homes of Washington's elite. The two secretaries often clashed with Mary Lincoln, who resorted to various stratagems to get the dilapidated White House restored without depleting Lincoln's salary, which had to cover entertainment and other expenses. Despite
17160-400: The trial court. American terminology is slightly different, in that the term "claim" refers only to a particular count or cause of action alleged in a complaint. Similarly, "defense" refers to only one or more affirmative defenses alleged in an answer. Americans also use "claim" to describe an extrajudicial demand filed with an insurer or administrative agency. If the claim is denied, then
17303-422: The vast majority of common law jurisdictions. Scholars in law, economics and management have studied why firms involved in a dispute choose between private dispute resolution—such as negotiation, mediation, and arbitration—and litigation. During the 18th and 19th centuries, it was common for lawyers to speak of bringing an "action" at law and a "suit" in equity . An example of that distinction survives today in
17446-425: The winter, leading to speculation about his health. Hay was faster than Reid to realize that the race for these posts would be affected by Hanna's desire to be senator from Ohio, as with one of the state's places about to be occupied by the newly elected Joseph B. Foraker , the only possible seat for him was that held by Senator Sherman. As the septuagenarian senator had served as Treasury Secretary under Hayes, only
17589-545: The word "sue", derives from the old French "suir, sivre" meaning to pursue or follow after. This was also derived from the Latin word "sequi". Rules of criminal or civil procedure govern the conduct of a lawsuit in the common law adversarial system of dispute resolution. Procedural rules arise from statutory law , case law , and constitutional provisions (especially the right to due process ). The details of each kind of legal procedure differ greatly from jurisdiction to jurisdiction, and often from court to court even within
17732-496: Was Rufus Choate , a U.S. Representative and U.S. Senator from Massachusetts. His paternal grandparents were George Choate and Susanna Choate, and his maternal grandparents were Gamaliel Hodges and Sarah (née Williams) Hodges. Choate graduated from Harvard College in 1852 and Harvard Law School in 1854. After graduation from law school, Choate was admitted first to the Massachusetts in 1855, followed by admission to
17875-557: Was $ 73,800, of which Adams paid a third for his lot. Hay budgeted the construction cost at $ 50,000; his ornate, 12,000 square feet (1,100 m ) mansion eventually cost over twice that. Despite their possession of two lavish houses, the Hays spent less than half the year in Washington and only a few weeks a year in Cleveland. They also spent time at The Fells , their summer residence in Newbury, New Hampshire . According to Gale, "for
18018-486: Was a "true believer" in the cause of Cuban independence, being heavily informed and swayed by Cuban exiles in New York City, including Tomás Estrada Palma . In 1894, he was president of the New York state constitutional convention. He was appointed, by President McKinley , U.S. Ambassador to the United Kingdom to succeed John Hay in 1899, and remained in this position after Theodore Roosevelt 's ascendancy to
18161-871: Was an American statesman and official whose career in government stretched over almost half a century. Beginning as a private secretary and an assistant for Abraham Lincoln , he became a diplomat. He served as United States Secretary of State under Presidents William McKinley and Theodore Roosevelt . Hay was also a biographer of Lincoln, and wrote poetry and other literature throughout his life. Born in Salem, Indiana to an anti-slavery family that moved to Warsaw, Illinois , Hay showed great potential from an early age, and his family sent him to Brown University . After graduation in 1858, Hay read law in his uncle's office in Springfield, Illinois , adjacent to that of Lincoln. Hay worked for Lincoln's successful presidential campaign and became one of his private secretaries in
18304-472: Was an early supporter of Ohio's William McKinley and worked closely with McKinley's political manager, Cleveland industrialist Mark Hanna . In 1889, Hay supported McKinley in his unsuccessful effort to become Speaker of the House. Four years later, McKinley—by then Governor of Ohio—faced a crisis when a friend whose notes he had imprudently co-signed went bankrupt during the Panic of 1893 . The debts were beyond
18447-621: Was at the time a 20-year-old newspaperman. Once John Hay completed his studies there, the 13-year-old was sent to live with his grandfather in Springfield and attend school there. His parents and uncle Milton (who financed the boy's education) sent him to Brown University in Providence, Rhode Island , alma mater of his late maternal grandfather. Hay enrolled at Brown in 1855. Although he enjoyed college life, he did not find it easy: his Western clothing and accent made him stand out; he
18590-597: Was born in Salem, Massachusetts , on January 24, 1832. He was the son of Margaret Manning ( née Hodges) Choate and physician George Choate. Among his siblings were William Gardner Choate , a United States district judge of the United States District Court for the Southern District of New York , Dr. George Cheyne Shattuck Choate , and a sister, Caroline Choate (von Gersdorff). His father's first cousin (his first cousin once removed)
18733-601: Was certain that he had been wronged" by Hay, and the announcement of Hay's appointment nearly ended their 26-year friendship. Reaction in Britain to Hay's appointment was generally positive, with George Smalley of The Times writing to him, "we want a man who is a true American yet not anti-English". Hay secured a Georgian house on Carlton House Terrace, overlooking Horse Guards Parade , with 11 servants. He brought with him Clara, their own silver, two carriages, and five horses. Hay's salary of $ 17,000 "did not even begin to cover
18876-464: Was considering running for Congress. In Washington, Hay oversaw a staff of eighty employees, renewed his acquaintance with his friend Henry Adams , and substituted for Evarts at Cabinet meetings when the Secretary was out of town. In 1880, he campaigned for the Republican nominee for president, his fellow Ohioan, Congressman James A. Garfield . Hay felt that Garfield did not have enough backbone, and hoped that Reid and others would "inoculate him with
19019-597: Was designed by Stanford White and is today open to the public as a nonprofit museum in Stockbridge, Massachusetts . Choate died on May 14, 1917, at his residence, 8 East 63rd Street in Manhattan. His funeral was held on May 17 at St. Bartholomew's Church in New York, where it was attended by the British Ambassador, Sir Cecil Spring-Rice , the French Minister of Education, M. Hovelacque, and
19162-535: Was elected. Though Harrison appointed men whom Hay supported, including Blaine, Reid, and Robert Lincoln, Hay was not asked to serve in the Harrison administration . In 1890, Hay spoke for Republican congressional candidates, addressing a rally of 10,000 people in New York City, but the party was defeated, losing control of Congress. Hay contributed funds to Harrison's unsuccessful re-election effort , in part because Reid had been made Harrison's 1892 running mate. Hay
19305-520: Was marked by labor disputes; a strike over wage cuts on the Baltimore and Ohio Railroad soon spread to the Lake Shore, much to Hay's outrage. He blamed foreign agitators for the dispute, and vented his anger over the strike in his only novel, The Bread-Winners (1883). Hay remained disaffected from the Republican Party in the mid-1870s. Seeking a candidate of either party he could support as
19448-510: Was moved to hire Hay when Milton agreed to pay his nephew's salary for six months. Milton Hay desired that his nephew go to Washington as a qualified attorney, and John Hay was admitted to the bar in Illinois on February 4, 1861. On February 11, he embarked with President-elect Lincoln on a circuitous journey to Washington. By this time, several Southern states had seceded to form the Confederate States of America in reaction to
19591-410: Was not heavy, and Hay found time to enjoy the pleasures of Paris. When Bigelow resigned in mid-1866, Hay, as was customary, submitted his resignation, though he was asked to remain until Bigelow's successor was in place, and stayed until January 1867. He consulted with Secretary of State Seward, asking him for "anything worth having". Seward suggested the post of Minister to Sweden, but reckoned without
19734-525: Was not successful in Salem, and moved, with his wife and children, to Warsaw, Illinois , in 1841. John attended the local schools, and in 1849 his uncle Milton Hay invited John to live at his home in Pittsfield , Pike County, and attend a well-regarded local school, the John D. Thomson Academy. Milton was a friend of Springfield attorney Abraham Lincoln and had read law in the firm Stuart and Lincoln. In Pittsfield, John first met John Nicolay , who
19877-444: Was not well prepared academically and was often sick. Hay gained a reputation as a star student and became a part of Providence's literary circle that included Sarah Helen Whitman and Nora Perry . He wrote poetry and experimented with hashish . Hay received his Master of Arts degree in 1858, and was, like his grandfather before him, Class Poet. He returned to Illinois. Milton Hay had moved his practice to Springfield, and John became
20020-435: Was quickly under construction for the Hays next-door. The Hays had four children, Helen Hay Whitney , Adelbert Stone Hay , Alice Evelyn Hay Wadsworth Boyd (who married James Wolcott Wadsworth Jr. ), and Clarence Leonard Hay. Their father proved successful as a money manager, though he devoted much of his time to literary and political activities, writing to Adee that "I do nothing but read and yawn". On December 29, 1876,
20163-598: Was responsible for negotiating the Open Door Policy , which kept China open to trade with all countries on an equal basis, with international powers. By negotiating the Hay–Pauncefote Treaty with the United Kingdom, the (ultimately unratified) Hay–Herrán Treaty with Colombia, and finally the Hay–Bunau-Varilla Treaty with the newly independent Republic of Panama , Hay also cleared the way for
20306-595: Was signed by the prestigious Boston Lyceum Bureau , whose clients included Mark Twain and Susan B. Anthony , to give lectures on the prospects for democracy in Europe, and on his years in the Lincoln White House. By the time President Grant ran for reelection in 1872, Grant's administration had been rocked by scandal, and some disaffected members of his party formed the Liberal Republicans , naming Greeley as their candidate for president,
20449-435: Was the daughter of Caroline Mary (née Dutcher) Sterling and Frederick Augustine Sterling and a distant relative of Frederick A. Sterling . Caroline was an artist and an advocate for women's education, helping to establish both Brearley School and Barnard College . Joseph and Caroline were the parents of five children, two of whom predeceased their parents: The family owned a large country house, known as Naumkeag , which
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