Born on January 9, 1856, in Millwood, Clarke County, Virginia,[1] Hay attended private schools, then the University of Pennsylvania and received a Bachelor of Laws in 1877 from the Washington and Lee University School of Law.

[4] Hay was elected as a Democrat to the United States House of Representatives of the 55th United States Congress and to the nine succeeding Congresses and served from March 4, 1897, until his resignation on October 1, 1916.

[4] Hay was involved in the "Preparedness Movement" of 1915 to 1916, and in response to which he drafted and pushed through the National Defense Act of 1916.

[5] Hay was nominated by President Woodrow Wilson on July 15, 1916, to a seat on the Court of Claims (later the United States Court of Claims) vacated by Judge George W.

[6][1] He was confirmed by the United States Senate on July 17, 1916, and received his commission the same day.