State: New York
Age at Convention: 49
Date of Birth: January 27, 1738
Date of Death: September 9, 1801
Schooling: Read law with William Livingston
Occupation: Politician, Judge
Prior Political Experience: State Constitutional Convention for New York 1776-1777, New York Supreme Court Judge 1777-1798, New York Provincial Congress 1775-1776
Committee Assignments: First Committee of Representation, Third Committee of Representation
Convention Contributions: Arrived May 25, departed July 10, and never returned to the Convention. He is best known for his resistance to the efforts to create a strong central government. He joined in a letter with John Lansing to Governor Clinton that gave reasons for leaving the Convention early. James Madison in 1831 noted that Judge Yates “though a highly respectable man, was a zealous partizedian and has committed gross errors in his desultory notes.” William Pierce stated that “some of his Enemies say he is anti-federal Man, but I discovered no such disposition in him.”
New Government Participation: Attended the New York ratifying convention and opposed the ratification of the Constitution in 1788. Yates wrote against the Constitution in letters signed “Brutus.” He did not hold a position in the new Federal Government. The publication of his personal notes of the Convention caused considerable controversy within the political realm.
Biography from the National Archives:The son of Joseph and Maria Yates, Robert Yates was born in Schenectady, NY, on January 27, 1738. He received a classical education in New York City and later studied law with William Livingston. Yates was admitted to the New York bar in 1760 and thereafter resided in Albany.
Between 1771 and 1775 Yates sat on the Albany board of aldermen. During the pre-Revolution years Yates counted himself among the Radical Whigs, whose vigilance against corruption and emphasis on the protection of liberty in England appealed to many in the colonies. Once the Revolution broke out, Yates served on the Albany committee of safety and represented his county in four provincial congresses and in the convention of 1775-77. At the convention he sat on various committees, including the one that drafted the first constitution for New York State.
On May 8, 1777, Yates was appointed to New York’s supreme court and presided as its chief justice from 1790 through 1798. While on the bench he attracted criticism for his fair treatment of Loyalists. Other duties included serving on commissions that were called to settle boundary disputes with Massachusetts and Vermont.
In the 1780s Robert Yates stood as a recognized leader of the Antifederalists. He opposed any concessions to the federal congress, such as the right to collect impost duties, that might diminish the sovereignty of the states. When he travelled to Philadelphia in May 1787 for the federal convention, he expected that the delegates would simply discuss revising the existing Articles. Yates was on the committee that debated the question of representation in the legislature, and it soon became apparent that the convention intended much more than modification of the current plan of union. On July 5, the day the committee presented its report, Yates and John Lansing (to whom Yates was related by marriage) left the proceedings. In a joint letter to Gov. George Clinton of New York, they spelled out the reasons for their early departure. They warned against the dangers of centralizing power and urged opposition to adopting the Constitution. Yates continued to attack the Constitution in a series of letters signed “Brutus” and “Sydney” and voted against ratification at the Poughkeepsie convention.
In 1789 Yates ran for governor of New York but lost the election. Three years after his retirement from the state supreme court, on September 9, 1801, he died, leaving his wife, Jannetje Van Ness Yates, and four of his six children. Though he had enjoyed a comfortable income at the start of his career, his capital had dwindled away until very little was left. In 1821 his notes from the Constitutional Convention were published under the title Secret Proceedings and Debates of the Convention Assembled… for the Purpose of Forming the Constitution of the United States.
* indicates delegates who did not sign the Constitution
William Samuel Johnson – Roger Sherman – Oliver Ellsworth (Elsworth)*
George Read – Gunning Bedford, Jr. – John Dickinson – Richard Bassett – Jacob Broom
William Few – Abraham Baldwin – William Houstoun* - William L. Pierce*
James McHenry – Daniel of St. Thomas Jenifer – Daniel Carroll – Luther Martin* - John F. Mercer*
Nathaniel Gorham – Rufus King – Elbridge Gerry* - Caleb Strong*
John Langdon – Nicholas Gilman
William Livingston – David Brearly (Brearley) - William Paterson (Patterson) - Jonathan Dayton – William C. Houston*
Alexander Hamilton – John Lansing, Jr.* - Robert Yates*
William Blount – Richard Dobbs Spaight – Hugh Williamson – William R. Davie* - Alexander Martin*
Benjamin Franklin – Thomas Mifflin – Robert Morris – George Clymer – Thomas Fitzsimons (FitzSimons; Fitzsimmons) - Jared Ingersoll – James Wilson – Gouverneur Morris
John Rutledge – Charles Cotesworth Pinckney – Charles Pinckney – Pierce Butler
Rhode Island did not send delegates to the Convention.
John Blair – James Madison Jr. – George Washington – George Mason* - James McClurg* - Edmund J. Randolph* - George Wythe*