Original Trial Notes in the Hand of Alexander Hamilton, Who Was Defending a Loyalist Accused Under the Trespass Act
Fascinating manuscript showing Hamilton's leniency toward the Loyalists immediately after the Revolution, and the workings of his legal mind that led to his appointment as Secretary of the Treasury.
His defense of Loyalists led to the creation of the judicial review system; The only in-court notes taken by Hamilton we have found having reached the market in at least the last 40 years
The home of both Alexander Hamilton and Aaron Burr, New York was already one of the most important...
His defense of Loyalists led to the creation of the judicial review system; The only in-court notes taken by Hamilton we have found having reached the market in at least the last 40 years
The home of both Alexander Hamilton and Aaron Burr, New York was already one of the most important cities in America by the time the Revolution began. During the war, New York would serve as a refuge for those who favored British rule. After the war, Alexander Hamilton made it a testing ground for American ideas of justice.
In 1776 British forces took a firm grip on New York; they held it for seven years. Many of New York's Patriots and their families fled, and Loyalists from other areas of the country came to New York seeking protection. Some of the Patriots' property ended up on Loyalists' hands, and these Loyalists had held it and worked it for as much as seven years. As the war was ending, in March 1783, New York enacted the Trespass Act, allowing Patriots whose property had been seized or damaged by Loyalists during the Revolution to recover damages. Thus the law, though understandable, had an element of unfairness in it. When Patriots returned to New York, some found their homes and businesses occupied by Loyalists. Under the Trespass Act, these people could sue Loyalists for compensation. These suits were among the earliest tests of the new nation: how would it treat those who had sided with the British during the war?
Many citizens favored stripping away Loyalists' rights and driving them out of the country. Among those opposed to this view was Alexander Hamilton. In the press, he declared that America needed the talents and power of Loyalists. In court, he successfully defended Loyalists sued under the Trespass Act. He made little money defending Loyalists, but by doing so, helped to establish the principles of equal treatment and due process under the law. Hamilton's effort contributed to the repeal of the Trespass Act.
From 1784 through 1791, Hamilton participated in several cases under the Trespass Act, approximately 44 according to “The Law Practice of Alexander Hamilton.” One landmark case led to the creation of the judicial review system. Another involved a Loyalist named Henry Scudder Lewis, who occupied land owned by Patriot John Lloyd. Lloyd’s family had been divided on the subject of independence, and John and one brother fled New York, while the other two brothers stayed. The estates of the departed brothers were confiscated by the British and given to the control of the Barrack Master General. These lands were valuable and used extensively by the British.
In the case of John Lloyd v. Henry Scudder Lewis, Hamilton gathered testimony from seven witnesses to show that Lewis’s work with the British and occupation of land was under duress by military authorities. Lewis was a suspected Loyalist but Hamilton argued essentially that since the occupying British had forced him to do the work, his intent or inclinations were not the primary issue at hand. The resolution of this case is unknown. Indeed the only surviving document is this manuscript in Hamilton’s land, his notes from the testimony of his seven witnesses. It allows us to see Hamilton the lawyer at work in the courtroom and is filled with interesting content about the war.
Autograph document entirely in the hand of Hamilton, New York, no date, although likely 1784.
“Henry Scudder Lewis ADSM John Lloyd Junior
“Long in 1778 – three cords a day
“Joseph Barker – Saw Mr. Lewis two different times on the neck carting wood – once in 1778 he is sure he thinks both – was there with an ox team – had to cart it a mile – Generally allowed to card three cords a day. General rule when they came on was a fortnight – 8 days the least – when the weather was good rode constantly – does not recollect how the weather was. Wallnut oak – black oak etc. Whole of the farm was very good land. Another time he saw Mr. Lewis’s team and a Negro man with him who he was told was Mr. Lewis’s negro – Does not know how long the negro was on. There were cutters and carters. Wood was cut generally for use of the British army; sometimes this was not the case. It was cut into fire wood – Lived on the neck and was at all – some times they came voluntarily. Nut wood sold for four pounds and oak about two pounds – Thinks Mr. Lewis was employed by the government and was merely paid for carting… which was generally the case.
“Ezekiel Weeks – Some short time after the British took possession – were warned with a number of wagons to go to Huntington – where Savage who was employed for the Barrack Master deferred them to go to Lloyds Neck – asserting his orders. Savage declared they should not go on. Went ____ of a Thursday and began a Friday – was on five days and a half or six days and a half – was paid 12 / a day for carting – He was once fined among several others for not going – a Cord in three trips.
“From Jesse Weeks – His father's team was pressed at the same time with Mr. Lewis – was there 5 days or six and a half – six loads a day / three loads a day – principally oak wood – carted them for the vessels which were in government service – were hired and paid 1- or twelve shillings a day – Friendly to the American cause mindful of his business – a man of property – his estate left to him by his father.
“Mr. Kenny – Left him five years ago – Twill you remember he was on – he on two days and a third day he was off – Dibble pressed him – he was at this time had on an ox team – two horses and two oxen. This is the second time he was on…
“Mary Lewis – Lived with him during the war – Mr. Lewis was once fined – Young was an officer in a militia troop.
“Mr. Conchlin – Mr Young –
“Mr. Ketchim – Many people say Mr. Lewis a friend to liberty others the contrary – A still peaceable man – could have sworn that he never went there without 16/78 – 32 or 34."
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