The Critical Period of American HistoryFiske, John
History
The Critical Period of American History
Fiske, John
United States -- History -- Confederation, 1783-1789
In 1784, when the Trespass Act threw New York into confusion, Hamilton
had come to be regarded as one of the most powerful advocates in the
country. In the test case which now came before the courts he played a
part of consummate boldness and heroism. Elizabeth Rutgers was a widow,
who had fled from New York after its capture by General Howe. Her
confiscated estate had passed into the hands of Joshua Waddington, a
rich Tory merchant, and she now brought suit under the Trespass Act for
its recovery. It was a case in which popular sympathy was naturally and
strongly enlisted in behalf of the poor widow. That she should have been
turned out of house and home was one of the many gross instances of
wickedness wrought by the war. On the other hand, the disturbance
wrought by the enforcement of the Trespass Act was already creating
fresh wrongs much faster than it was righting old ones; and it is for
such reasons as this that both in the common law and in the law of
nations the principle has been firmly established that "the fruits of
immovables belong to the captor as long as he remains in actual
possession of them." The Trespass Act contravened this principle, and it
also contravened the treaty. It moreover placed the state of New York in
an attitude of defiance toward Congress, which had made the treaty and
expressly urged upon the states to suspend the legislation against the
Tories. On large grounds of public policy, therefore, the Trespass Act
deserved to be set aside by the courts, and when Hamilton was asked to
serve as counsel for the defendant he accepted the odious task without
hesitation. There can be no better proof of his forensic ability than
his winning a verdict, in such a case as this, from a hostile court that
was largely influenced by the popular excitement. The decision nullified
the Trespass Act, and forthwith mass meetings of the people and an extra
session of the legislature condemned this action of the court. Hamilton
was roundly abused, and his conduct was attributed to unworthy motives.
But he faced the people as boldly as he had faced the court, and
published a letter, under the signature of Phocion, setting forth in the
clearest light the injustice and impolicy of extreme measures against
the Tories. The popular wrath and disgust at Hamilton's course found
expression in a letter from one Isaac Ledyard, a hot-headed pot-house
politician, who signed himself Mentor. A war of pamphlets ensued between
Mentor and Phocion. It was genius pitted against dulness, reason against
passion; and reason wielded by genius won the day. The more intelligent
and respectable citizens reluctantly admitted that Hamilton's arguments
were unanswerable. A club of boon companions, to which Ledyard belonged,
made the same admission by the peculiar manner in which it proposed to
silence him. It was gravely proposed that the members of the club should
pledge themselves one after another to challenge Hamilton to mortal
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