Born December 17, 1765, in Williamsburg, Colony of Virginia, British America,[1] Hay read law.

During the Crisis, he anonymously penned a series of pro-slavery essays for publication in the South's leading newspaper, under the title, "For the Enquirer.

"[3] During his service as United States Attorney, Hay served as prosecutor during the trial of Aaron Burr.

[5] Hay became a strong advocate of slavery and authored a series of heavily proslavery pieces during the Missouri Crisis under the penname of "An American."

Hay received a recess appointment from President John Quincy Adams on July 5, 1825, to a seat on the United States District Court for the Eastern District of Virginia vacated by Judge St. George Tucker.