301Draft of a Resolution for the Legislature of New York for the Amendment of the Constitution of the United States, [29 … (Hamilton Papers)
Resolved , as the sense of the Legislature, that the following amendments ought to be incorporated into the Constitution of the United States as a necessary safeguard in the choice of a President and Vice President against pernicious dissensions as the most eligible mode of obtaining a full and fair expression of the public will in such election. 1st. That Congress shall from time to time...
302Alexander Hamilton and Richard Harison to Charles Williamson, 1 February 1802 (Hamilton Papers)
Albany, February 1, 1802. Urge Williamson to avoid litigation by settling his dispute with William Hornby and Patrick Colquhoun out of court. Copy, Rochester Public Library, Rochester, New York. For background to this letter, See Hornby to H, September 15, 1801 .
303The Examination Number XI, [3 February 1802] (Hamilton Papers)
The Message observes that “in our care of the public contributions entrusted to our direction, it would be prudent to multiply barriers against the dissipation of public money, appropriating specific sums to every specific purpose, susceptible of definition; by disallowing all applications of money varying from the appropriation in object, or transcending it in amount by reducing the undefined...
304Remarks on the Repeal of the Judiciary Act, First Version, [11 February 1802] (Hamilton Papers)
After some pause, Gen. Hamilton rose. He began with stating his own decided opinion, that the contemplated repeal of the late act, taken in connexion with the known and avowed object of that repeal , was an unequivocal violation of the constitution in a most vital part. However, he did expect that on that point, the gentlemen present would be unanimous. Neither had he any hope that any...
305Remarks on the Repeal of the Judiciary Act, Second Version, [11 February 1802] (Hamilton Papers)
He [Hamilton] confessed with seeming sincerity, he felt little zeal on the present occasion. He could prove that to repeal the judiciary law and to with-hold the salaries of the judges, would be an infringement of the constitution. He did not intend, however, to dwell on the constitutionality of the question. He allowed that gentlemen might have different opinions concerning it. His primary...
306Remarks on the Repeal of the Judiciary Act, Third Version, [11 February 1802] (Hamilton Papers)
To these remarks General Hamilton rose again to reply—he remarked in substance that he had fostered the hope, that on this occasion, by cautiously avoiding to say any thing on the point of the constitutionality of the proposed repeal, and stating only the opinion of the New-York bar on that of its inexpediency , there would have been but one sentiment—He regretted, deeply regretted, that on...
307To Alexander Hamilton from Gouverneur Morris, 22 February 1802 (Hamilton Papers)
You Must pardon me for telling you I am sorry that you opposed sending a Petition to Congress against the Repeal of the Law of last Session for amending the judicial System. It will stop I suppose any such actions which might have come on from the Eastward and thus leave our Enemies to conclude against us from the Silence of our friends. Moreover it will enable your personal Enemies to say...
308The Examination Number XII, [23 February 1802] (Hamilton Papers)
From the manner in which the subject was treated in the fifth and sixth numbers of The Examination, it has been doubted, whether the writer did or did not entertain a decided opinion as to the power of Congress to abolish the offices and compensations of Judges, once instituted and appointed pursuant to a law of the United States. In a matter of such high constitutional moment, it is a sacred...
309From Alexander Hamilton to the New-York Evening Post, [24 February 1802] (Hamilton Papers)
We might well be excused from taking any notice of such a writer as the author of the leading article in the Citizen of this morning; but as in one instance he has pretended to state facts, in reply to what was said in the Evening Post, respecting the opinions held in the Convention by Mr. Hamilton and by Mr. Maddison, some answer may be expected. Mr. Hamilton had been charged with holding an...
310The Examination Number XIII, [27 February 1802] (Hamilton Papers)
The advocates of the power of Congress to abolish the Judges, endeavor to deduce a presumption of intention favorable to their doctrine, from this argument—The provision concerning the tenure of office (say they) ought to be viewed as a restraint upon the Executive Department, because , to this Department belongs the power of removal; in like manner as the provision concerning the diminution...
311From Alexander Hamilton to Gouverneur Morris, [29 February 1802] (Hamilton Papers)
Your letter of the 22d is the third favour for which I am indebted to you since you left N York. Your frankness in giving me your opinion as to the expediency of an application of our bar to Congress obliges me. But you know we are not readily persuaded to think we have been wrong. Were the matter to be done over I should pursue the same course. I did not believe the measure would be useful as...
312The Examination Number XIV, [2 March 1802] (Hamilton Papers)
In the course of the debate in the Senate, much verbal criticism has been indulged; many important inferences have been attempted to be drawn from distinctions between the words shall and may . This species of discussion will not be imitated, because it is seldom very instructive or satisfactory. These terms, in particular cases, are frequently synonymous, and are imperative or permissive,...
313The Examination Number XV, [3 March 1802] (Hamilton Papers)
It is generally understood that the Essays under the Title of the Federalist, which were published at New York, while the plan of our present Federal Constitution was under the consideration of the people, were principally written by two persons James Madison, now Secretary of State, Alexander Hamilton, formerly Secretary of the Treasury. who had been members of the Convention which devised...
314From Alexander Hamilton to Gouverneur Morris, 4 March 1802 (Hamilton Papers)
You have seen certain resolutions unanimously pass our legislature for amending the Constitution 1 by designating separately the candidates for President and Vice President 2 by having the Electors chosen by the people in districts under the direction of the National Legislature. After mature reflection I was thoroughly confirmed in my first impression, that it is true Fœderal policy to...
315To Alexander Hamilton from Gouverneur Morris, 11 March 1802 (Hamilton Papers)
I have your two Letters of the 27th. of Feby. and the 4th. Instant. I thank you for them. In Reply to what you tell me in the Close of the former I can only say that your Talents if not your Birth entitle you to the Rank of an American Citizen. To be born in America seems to be a Matter of Indifference at New York, an advantage in New England, a Disadvantage in Pensilvania. You say I am not....
316To Alexander Hamilton from William Jackson, 12 March 1802 (Hamilton Papers)
I beg leave, my dear General, to request that you will notify the New York State Society of the Cincinnati that the triennial general Meeting of the Society is to be held at the City of Washington on the first monday in may next, where it is anxiously wished that their Delegates may attend. The nomination of Gentlemen, in Congress, who are Members of the Society may facilitate the convening of...
317From Alexander Hamilton to Charles Cotesworth Pinckney, [15 March 1802] (Hamilton Papers)
You will probably have learned before this reaches you that the act of last Session for the better organization of the Judiciary Department has been repealed, and I take it for granted, that you will with me view this measure as a vital blow to the Constitution. In my opinion, it demands a systematic and persevering effort by all Constitutional means to produce a revocation of the precedent,...
318To Alexander Hamilton from Samuel S. Smith, 18 March 1802 (Hamilton Papers)
Princeton [ New Jersey ] March 18, 1802 . Introduces his son, John Witherspoon Smith, who plans to practice law in New York City. ALS , Hamilton Papers, Library of Congress. Smith, a Presbyterian clergyman, had a pastorate in western Virginia in the seventeen-seventies, taught at the College of New Jersey from 1779 to 1795, and served as president of the college from 1795 to 1812. By 1803 John...
319The Examination Number XVI, [19 March 1802] (Hamilton Papers)
The President, as a politician, is in one sense particularly unfortunate. He furnishes frequent opportunities of arraying him against himself—of combating his opinions at one period by his opinions at another. Without doubt, a wise and good man may, on proper grounds relinquish an opinion which he has once entertained, and the change may even serve as a proof of candour and integrity. But with...
320The Examination Number XVII, [20 March 1802] (Hamilton Papers)
It was intended to have concluded the argument respecting the Judiciary Department with the last number. But a speech lately delivered By Mr. Giles in the House of Representatives, having since appeared, which brings forward one new position, and reiterates some others in a form well calculated to excite prejudice, it may not be useless to devote some further attention to the subject. The new...
321[To Alexander Hamilton from Thomas Truxtun], [22 March 1802] (Hamilton Papers)
Copy, Hamilton Papers, Library of Congress; JCH Transcripts John C. Hamilton Transcripts, Columbia University Libraries. , Columbia University Libraries. In JCHW John C. Hamilton, ed., The Works of Alexander Hamilton (New York, 1851–1856). , XI, 533, this letter is incorrectly addressed to H. Actually, it is a copy in Truxtun’s handwriting of a letter which Truxtun wrote to Aaron Burr and...
322To Alexander Hamilton from Thomas Truxtun, 26 March 1802 (Hamilton Papers)
As an officer Sacrifised by party Spirit & in the hope of a favourable change in the affairs of our once free and happy Country, I think it a duty to address you as one of the remaining honest political fathers of it. The present administration finding as I verily believe, that it was not possible to Succeed in bringing me over to prostitute my principles by forsaking the federal cause and...
323To Alexander Hamilton from Philip Schuyler, 28 March 1802 (Hamilton Papers)
In a letter from Mrs. Church of tuesday last she mentions that my dear Eliza had been very much indisposed, but was better. as no mention is made of the disorder with which she has been afflicted, we apprehend that she has miscarryed, we are extremely anxious for further Accounts and pray they may be such as shall do away our apprehensions. The Regents of the university have directed their...
324To Alexander Hamilton from Cornelius Bogert, 29 March 1802 (Hamilton Papers)
[ New York ] March 29, 1802. Discusses the facts in the “causes of Vanderheuvel against the Columbian Insurance Company.” ALS , Hamilton Papers, Library of Congress. Bogert was a New York City lawyer. H made the following entry in his Law Register, 1795–1804: “Columbian Insur: } Of Counsel with Bogert Company Adsm J Vandenheuvel Retainer 100” ( D , partially in H’s handwriting, New York Law...
325From Alexander Hamilton to John Dickinson, 29 March 1802 (Hamilton Papers)
I was not, My Dear Sir, insensible to the kind attention shewn me by your letter of the 30th. of November last. But till very lately the subject has been so extremely painful to me, that I have been under a necessity of flying from it as much as possible. Time and effort and occupation have at length restored the tranquillity of my mind, sufficiently to permit me to acknowlege the kindness of...
326From Alexander Hamilton to Benjamin Rush, 29 March 1802 (Hamilton Papers)
I felt all the weight of the obligation which I owed to you and to your amiable family, for the tender concern they manifested in an event, beyond comparison, the most afflicting of my life. But I was obliged to wait for a moment of greater calm, to express my sense of the kindness. My loss is indeed great. The highest as well as the eldest hope of my family has been taken from me. You...
327From Alexander Hamilton to Aaron Burr, [1 April 1802] (Hamilton Papers)
Your Protegé Buisson has addressed to me the inclosed letter. Why he did not immediately write to you I cannot tell unless it be that he is conscious he has used your politeness sufficiently, and imagines an intermediary to be hereafter necessary. Perhaps you may be able to decipher his wishes from the letter; which I confess is beyond my skill. But I understand from him in conversation that...
328To Alexander Hamilton from Philip Schuyler, 5 April 1802 (Hamilton Papers)
Your favor which I received on Saturday last, has relieved us from great anxiety, and another from Angelica has quite set our minds at ease as to My Dear Eliza, we hope to hear that all will be well when she is disburthened. The Regents have come into all the measures which I mentioned to you, in a former letter, relative to the lands to the northward. The deed will be recorded in the...
329From Alexander Hamilton to James A. Bayard, 6 April 1802 (Hamilton Papers)
Amidst the humiliating circumstances which attend our country, all the sound part of the community must find cause of triumph in the brilliant display of talents which have been employed though without success, in resisting the follies of an infatuated administration. And your personal friends will not have much reason for mortification on account of the part you have performed in the...
330The Examination (concluded) Number XVIII, [8 April 1802] (Hamilton Papers)
In order to cajole the people, the Message abounds with all the common-place of popular harrangue, and prefers claims of merit, for circumstances of equivocal or of trivial value. With pompous absurdity are we told of the “ multiplication of men, susceptible of happiness ,” (as if this susceptibility were a privilege peculiar to our climate) “ habituated to self-government, and valuing its...
331To Alexander Hamilton from Rufus King, 8 April 1802 (Hamilton Papers)
By Dr. Romayne I send you a pamphlet lately written upon the interesting subject of the public credit of this Country. The author is a member of parliament an old & practical Banker, Brother to the president of the Bank of England, and for many years much conversant with the great money operations of the Country. When you have read it I wish the favour of you to send it together with the other...
332To Alexander Hamilton from James A. Bayard, 12 April 1802 (Hamilton Papers)
The apprehensions you appear to entertain of the effect of the intrigues of a certain person, if you will take my word for it are wholly without ground. I[n] fact little had been attempted & nothing accomplished. I answer only for the time present because I believe the Gentleman is waiting to see the result of the new state of things more completely developed, before he decides upon the Course...
333To Alexander Hamilton from David Gelston, 14 April 1802 (Hamilton Papers)
New York, April 14, 1802. Directs Hamilton to proceed on behalf of the United States attorney for the District of New York against the Brig Triton , which had arrived in the port of New York from Bristol, England, “with a Cargo of Porter in cases of less capacity than forty gallons beer measure contrary to the laws of the United States.” ALS , RG 21, District Court for the Southern District of...
334To Alexander Hamilton from Bushrod Washington, 15 April 1802 (Hamilton Papers)
In writing the history of Genl Washington’s life, it is sometimes difficult to acquire a clear view of some of the operations of the Armies, without obtaining a more precise explanation of some circumstances than can be derived from the papers in my possession, without a very laborous examination of them, and even then, there are some points which would require farther illustration—such for...
335From Alexander Hamilton to James A. Bayard, [16–21] April 1802 (Hamilton Papers)
Your letter of the 12th inst. has relieved me from some apprehension. Yet it is well that it should be perfectly understood by the truly sound part of the Fœderalists, that there do in fact exist intrigues in good earnest, between several individuals not unimportant, of the Fœderal Party, and the person in question; which are bottomed upon motives & views, by no means auspicious to the real...
336Speech on Congressional Election in New York City, [21 April 1802] (Hamilton Papers)
General Hamilton has again appeared on the election ground. He found it necessary to harrangue the merchants at the Coffee House on Wednesday last, who view the little General as a God, on the prospect of success in the Second District . He expatiated largely we are told on the persecution , as the General was pleased to term it, sustained by Mr. Sands, the federal candidate of the Second...
337To Alexander Hamilton from James A. Bayard, 25 April 1802 (Hamilton Papers)
I have considered with a great deal of Attention the project recommended in your last letter of connected associations in the different States for the support of our Constitution & religion. The plan is marked with great ingenuity, but I am not inclined to think that it is applicable to the state of things in this Country. Such an association must be bottomed upon a stronger & more active...
338To Alexander Hamilton from Jeremiah Wadsworth, 26 April 1802 (Hamilton Papers)
[ Hartford, April 26, 1802. On May 19, 1802, Hamilton wrote to Wadsworth : “I have the pleasure of receiving your letter of the 26th. of April.” Letter not found. ]