31The 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...
32From 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...
33The 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...
34To 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...
35Remarks 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...
36Remarks 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...
37Remarks 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...
38From Alexander Hamilton to Edward Livingston, 10 February [1802] (Hamilton Papers)
[ New York ] February 10 [ 1802 ]. States that he is “of Counsel” in the case of Steinbach adm United States and asks Livingston for permission to examine the witnesses “ de bene esse .” ALS , Hamilton Papers, Library of Congress. Joaquim L. Steinbach was a New York City merchant and shipowner. An entry in H’s Law Register, 1795–1804, reads: “Steinbach adsm UStates
39The 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...
40Alexander 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 .
41Draft 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...
42The Examination Number X, [19 January 1802] (Hamilton Papers)
The same Subject continued. As to Holland being the second power which acknowledged our Independence, and made a treaty with us, a step which involved her in war with Great Britain, it was deemed proper to treat her with a marked respect. Besides this, from the time of our revolution to the present, we have had large money concerns with her people. A trusty and skilful public agent was for a...
43To Alexander Hamilton from Robert G. Harper, 19 January 1802 (Hamilton Papers)
Permit me, my dear Genl. to present to you Mr. Keene of this place, a friend of mine and a man of Character & honour, who visits new York for a few days; during which your acquaintence and notice cannot fail to be very gratifying to him. So far as you may find it convenient to bestow them, they will confer an obligation on me. With high respect I have the pleasure to be, my dear sir Your...
44The Examination Number IX, [18 January 1802] (Hamilton Papers)
The leading points of the Message have been sufficiently canvassed, and it is believed to have been fully demonstrated, that this communication is chargeable with all the faults which were imputed to it on the outset of the Examination. We have shewn that it has made or attempted to make prodigal sacrifices of constitutional energy, of sound principle, and of public interest. In the doctrine...
45To Alexander Hamilton from William Henderson, 15 January 1802 (Hamilton Papers)
The Committee which has been appointed here, to act on behalf of the Sufferrers by French Captures , have requested me to write to you, for the draft of such a memorial as you think would be proper to present to Congress on the subject of their claims. it is probable that similar applications for relief, will be made from all the trading Towns in the Union; & perhaps from an united effort some...
46To Alexander Hamilton from Charles W. Hare, 14 January 1802 (Hamilton Papers)
Philadelphia, January 14, 1802. Describes the arrangement he “made with Col. Burr on the subject of Mr Angersteins debt.” States: “I have paid 20 Dlls 67 to the keeper of the city tavern on account of your son’s bill and have taken a receipt in full. I enquired for other bills, but could not find any, and I believe he owed nothing more.” ALS , Hamilton Papers, Library of Congress. Hare, the...
47To Alexander Hamilton from Nicholas Evertson, 12 January 1802 (Hamilton Papers)
New York, January 12, 1802. “The within case is considered … as noticed for the next Term.… As no order has been obtained to stay proceedings in the cause… would it not be prudent to procure one? …” ALS , Hamilton Papers, Library of Congress. Evertson was a New York City attorney. The enclosure was Richard S. Hallett v William Burrell, William Houstoun, Paul Skidmore, and Gamaliel Skidmore ,...
48The Examination Number VIII, [12 January 1802] (Hamilton Papers)
Resuming the subject of our last paper we proceed to trace still farther, the consequences that must result from a too unqualified admission of foreigners, to an equal participation in our civil, and political rights. The safety of a republic depends essentially on the energy of a common National sentiment; on a uniformity of principles and habits; on the exemption of the citizens from foreign...
49To Alexander Hamilton from Rufus King, 12 January 1802 (Hamilton Papers)
Both as a friend and a father I do most unfeignibly participate and condole with you in the heavy affliction that has fallen upon your family. It would be altogether vain for me to have recourse to the usual Topics of consolation, in so severe a Calamity: it must be sought for among the treasures of your own Mind, which nature has so eminently endowed; and after a while, it will likewise be...
50The Examination Number VII, [7 January 1802] (Hamilton Papers)
The next exceptionable feature in the Message, is the proposal to abolish all restriction on naturalization, arising from a previous residence. In this the President is not more at variance with the concurrent maxims of all commentators on popular governments, than he is with himself. The Notes on Virginia are in direct contradiction to the Message, and furnish us with strong reasons against...
51To Alexander Hamilton from Chevalier de Colbert, 4 January 1802 (Hamilton Papers)
Paris, January 4, 1802. Expresses condolences on the death of Philip Hamilton. Requests Hamilton, as his attorney, to take action to secure for him the lands in Georgia granted to Comte d’Estaing. Also requests Hamilton to settle his accounts with Robert Morris to whom he had advanced money that was secured by some of Morris’s holdings in the Genesee country. ALS , Hamilton Papers, Library of...
52The Examination Number VI, [2 January 1802] (Hamilton Papers)
In answer to the observations in the last number it may perhaps be said that the Message meant nothing more than to condemn the recent multiplication of Federal Courts, and to bring them back to their original organization: considering it as adequate to all the purposes of the Constitution; to all the ends of justice and policy. Towards forming a right judgment on this subject, it may be...
53To Alexander Hamilton from Philip Schuyler, 2 January 1802 (Hamilton Papers)
Your letter of Mondays date only reached me this Morning. My Coachman Toby is very Much Indisposed. My other Servants abroad on their holyday frolick, that I can only send Anthony to morrow morning he will carry a pair of horses to relieve yours, or If a Snow falls in the course of the night he will go in my Sleigh. When You arrive at the Ferry at greenbush, Stop at the tavern and Send Anthony...
54From Alexander Hamilton to Elizabeth Hamilton, [1801] (Hamilton Papers)
I am just arrived here after a very comfortable journey. Our intention is to reach Albany on Wednesday morning, from which place I shall immediately write to you. I am less and less pleased with the prospect of so long a separation from my beloved family & you may depend shall shorten it as much as possible. Dumphey had planted the Tulip Trees in a row along the outer fence of the Garden in...
55From Alexander Hamilton to Pierre Charles L’Enfant, [1801] (Hamilton Papers)
Mr. Hamilton called at Major L’Enfant’s this Afternoon, with intent to communicate something interesting. He will be glad to see the Major, at his house, this Evening or tomorrow Morning. AL , Digges-L’Enfant-Morgan Collection, Library of Congress. For background to this letter, see H to L’Enfant, July 27, 1801, note 2 ; L’Enfant to H, September 4, 1801 .
56From Alexander Hamilton to Robert Troup, 1801 (Hamilton Papers)
[ New York, 1801. The dealer’s catalogue description of this letter reads: “in regard to the case of the Ringwood Iron Co.” Letter not found. ] ALS , sold by Goodspeed’s Book Store, Boston, Catalogue 101, Item 1643. Troup was the attorney for the trustees of the American Iron Company. For background to this letter, see the introductory note to Philip Schuyler to H, August 31, 1795 . See also H...
57From Alexander Hamilton to Theophilus Parsons, 31 December 1801 (Hamilton Papers)
New York, December 31, 1801. Sends depositions to Parsons, who is “of Counsel for the Underwriters in a case of Insurance in which my Brother in law Mr. Church is concerned.” Proposes that “these depositions … be used in evidence in any suit which may be instituted between him and your Clients.” ALS , Boston Public Library. Parsons, a Federalist lawyer from Newburyport, Massachusetts, had an...
58To Alexander Hamilton from James A. Bayard, 29 December 1801 (Hamilton Papers)
Washington, December 29. 1801. States that “the cause of Messrs. Graves & Barnwell in which you were so obliging to mention my name as Counsel to the Plaintiffs” was argued in the Supreme Court of the United States and decided in favor of the defendant. ALS , Hamilton Papers, Library of Congress. The case of Graves et al. v The Boston Marine Insurance Company was heard before the Supreme Court...
59The Examination Number V, [29 December 1801] (Hamilton Papers)
In the rage for change, or under the stimulus of a deep-rooted animosity against the former administrations, or for the sake of gaining popular favor by a profuse display of extraordinary zeal for economy, even our judiciary system has not passed unassailed. The attack here is not so open as that on the revenue; but when we are told that the states individually have “ principal care of our...
60From Alexander Hamilton to Philip Schuyler, 28 December 1801 (Hamilton Papers)
[ New York, December 28, 1801. On Saturday, January 2, 1802, Schuyler wrote to Hamilton : “Your letter of Mondays date only reached me this Morning.” Letter not found. ]