Page:The American Cyclopædia (1879) Volume VIII.djvu/431

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.

ALEXANDER HAMILTON There existed indeed in the New York legis- lature a very bitter feeling against the tories. Another act levelled against them, known as the " Trespass Act," gave occasion to a suit in which Hamilton early distinguished himself. This act authorized the owners of buildings in city of New York, who had abandoned lem in consequence of the British possession the city, to maintain suits for rent against 3 occupants, notwithstanding the plea on leir part that the -buildings had been held ider authority from the British commander, eing retained by the defendant in one of these lits, Hamilton made an elaborate plea, in rhich he maintained that whatever right might given by the statute, the treaty of peace and B law of nations extinguished it. Though popular sentiment was strongly against _, he prevailed with the court, whose de- ion was of the more consequence as there rere many other cases depending on the same inciple. The decision* was denounced by a iblic meeting in the city ; and the legislature, without waiting the result of an appeal, passed )lutions censuring the court. Hamilton de- mded his views in two pamphlets, and the >irit as an advocate and ability as a lawyer rhich he displayed in this case secured him at ice a multitude of clients. He took an active in establishing the bank of New York, the institution of the kind in the state and second in the Union, and was appointed le of its directors. He was one of the found- ers of the manumission society, the object of which was the abolition of slavery, then exist- ing in the state of New York. By appoint- ment of the state legislature he attended in 1786 the convention at Annapolis, and as a member of it drafted the address to the states which led to the convention the next year by which the federal constitution was framed. Having been chosen a member of the legisla- ture of New York, he vainly urged the conces- sion to congress of power to collect a 5 per cent, import duty, and the repeal of all state laws inconsistent with the treaty of peace. In the settlement of the long pending controversy between New York and Vermont, and the ac- knowledgment of the independence of Vermont by New York, he was more successful. Though the prevailing party in the New York legisla- ture was little inclined to any material increase of the authority of the federal government, Hamilton was appointed one of the delegates to the convention to revise the articles of con- federation, which met at Philadelphia, May 14, 1787. He had, however, two colleagues, Rob- ert Yates and John Lansing, who together con- trolled the vote of the state, of decidedly op- posite opinions. Two projects were brought forward in that body, one known as the Virgi- nia plan, which contemplated the formation of a national government with an executive, legis- lature, and judiciary of its own, the basis of the constitution actually adopted; the other known as the New Jersey plan, which was little more than an amendment in a few par- ticulars of the existing confederation. In the course of the debate on these two plans, Ham- ilton delivered a very elaborate speech.- As between the two plans, he preferred that which went furthest, though he doubted if even that was stringent enough to secure the object in view. He offered a written sketch of such a frame of government as he would prefer, not for discussion, or with the idea that in the existing state of public sentiment it could ^be adopted, but as indicating the mark to which he would desire to approach as near as possible. This scheme included an assembly to be elected by the people for three years ; a senate to be chosen by electors chosen by the people, to hold office during good behavior; and a governor chosen also for good behavior by a similar but most complicated process. The governor was to have an absolute negative on all laws, and the appointment of all officers, subject to the approval of the senate. The governors of the states were to be appointed by the general government, and were to have a negative on all state laws. The power of de- claring war and of ratifying treaties was to be vested in the senate. He insisted on the ne- cessity of establishing a national government so powerful and influential as to create an in- terest in its support extensive and strong enough to counterbalance the state govern- ments, and to reduce them to subordinate im- portance. Upon the adoption of the Virginia scheme his New York colleagues abandoned the convention in disgust. He too was absent for some time on business in New York, but returned again to the convention, and, though the constitution as reported by the committee of detail failed to come up to his ideas of ener- gy and efficiency, he exerted himself to per- fect it. He was one of the committee for re- vising its style and arrangement, and warmly urged its signature by the delegates present as the best that could be had. There still re- mained the not less serious and doubtful task of procuring for the constitution the consent and ratification of the states. The convention adjourned Sept. 17. On Oct. 27 there appeared in a New York journal the first number of a series of papers entitled " The Federalist," in support of the constitution against the various objections urged to it. These papers continued till the following June, reaching the number of 85, were republished throughout the states, and made a strong impression in favor of the new scheme of government. Five of them were written by Jay, fourteen by Madison, three by Madison and Hamilton jointly, and the rest by Hamilton. They are still read and quoted as a standard commentary on the ends and aims of the federal constitution and its true interpretation. In the convention of New York, of which Hamilton was a member, he sustained the constitution with zeal and success. The government having been put into operation under it, and congress at its first session having