CHAPTER CLXV.

It is not to be supposed, while innovation and proscription marked the internal policy of the Administration, and its imbecile and improvident counsels ensured the consequences which followed, that Hamilton was wholly quiescent. He truly felt that every citizen of a Republic owes to its institutions his support, to the latest moment of his life; but the mode in which that support should be given was with him a subject of deep, conscientious consideration. A life of action for great and virtuous ends was necessary to the existence of such a man, but the feverish impatience for place and honor, which is the besetting sin of even the most distinguished statesmen, he knew not. Place, as the reward of service, he had never sought and had repeatedly declined, when proffered to him. Power he relinquished, when convinced that, as a private citizen, a more salutary and effective influence could be exerted by him over the councils of this country.

Looking closely into the character of the men now conspicuous upon the stage, and into the motives and tendencies of parties, he believed that a crisis full of danger to liberty and to Republican government was the near and inevitable result of the events he saw in progress; and he was convinced that he could best perform the du

ties, which in such a crisis would devolve upon him, by a declared relinquishment of all aspirations to any, the highest station. Hence his frequent public avowals that, unless "called upon in the event of a foreign or civil war, he would never again accept any office whatever, either under the General or State government."*

It might be alleged, that such a disavowal, in the existing condition of public sentiment, involved no sacrifice, but foreseeing and foretelling, as he had done, the aggressions which would be made upon the commerce of the United States during the terrific conflicts of Europe, a restoration to power of the party which he had led, was not improbable. It has been stated, that he was not wholly quiescent; much room as there was for comment on the measures of the Administration, he now rarely employed his pen, but the expositions published in the leading Federal Journal were often at his suggestion, and sometimes passed under his review. To exhibit in his personal deportment the example of what a highly gifted, virtuous citizen ought to be, and in his professional capacity the model of an enlightened, conscientious, intrepid advocate, were the parts he had chosen for himself. How they were filled may still be traced in the reposing veneration for his memory and in the deep and proud affections which cling to his name.

The mere professional life of members of the bar, active, useful, and public as it is, rarely meets with its due reward. Making every sacrifice of personal ease, indefatigable, untiring, self-denying, devoted, ever ready to serve the cause of truth and justice, the incorruptible and enlightened advocate sinks into the grave; and, except the sincere mourning of his professional brethren, the ser

*New York Evening Post, February 13, 1804.

vices of a true and honorable life pass out of view, often without a record, almost without a public regret. Yet, who, especially in a republic, are the earliest to discern and to promote the public weal-the latest to despair of it? Even Hamilton, foremost among the first at the American bar, but for his intimate connection with public affairs and the memory of public service, might have been forgotten as a mere lawyer, together with the many able. men of this profession, over whom a few years cast the mantle of oblivion.

But that such may not be entirely his fate, the imperfect mention which follows of his professional life, disclaiming any attempt at professional delineation, will, it is hoped, prevent. Nor can this be regarded as a wide departure from the true views and purpose of this history. For what is History, but the summed biography of Nations, a picture most instructive and pleasing, when tinted with that of individuals? Nor would a history of the origin and earlier periods of this nation, formed, it may be said, under the influence of positive law, rather than of custom, be truly written, which passed by in silence a notice of the infancy and development of its jurisprudence.*

In the course of this history, Hamilton's mind has been seen, at diverse periods, called into action on questions of jurisprudence. The essays of his earliest youth in vindication of the rights of the American colonies are pregnant with evidence of his analytical and synthetical powers, aided by researches among the writings of the great publicists of Europe. Nor did his military duties wholly in

Few works of more value to the American student could be written, than a carefully prepared view, both historical and philosophical, of the origin, progressive changes and present state of American law, Colonial, State and National, tending to elucidate and harmonize the two latter.

terrupt the exertion of those powers. "He was a man," it is stated, "of great and persevering study in the midst of the fatigues and exposures of the camp. The midnight lamp was burnt to light and to witness his profound studies there, preparing himself, like a polished shaft, for future usefulness in other scenes. This I know from those who knew him well during the war.* On the contrary, the extensive correspondence conducted by him as "the chief and most confidential aid" of Washington, shows the frequency with which he was called to grapple with many of the most difficult questions that arose in a conflict, begun and continued in the assertion of natural, inherent right against arbitrary or accustomed authority ; in the assertion and exposition of belligerent duties, rights and immunities, in the discussions opened by the adjustments looking to peace-all having relations to foreign powers. With these were mingled nice and embarrassing points between the Federal and State governments, yet in an inchoate condition, to be brought as much as was possible into harmony by the application of general principles of constitutional, legal right and of equitable necessary obligation, forced upon the Chief of the Army, often compelled by circumstances to assume the office of a civil magistrate.

All that Hamilton wrote and thought, as an officer of the staff, important as it was, was of less moment than his plans, propositions and arguments to fix the foundations and raise the superstructure of a National Government, and these were but preparative to his services in the Congress of the Confederation, where his is beheld the leading mind, unfolding to view, and enforcing in special in

* Henry W. Desaussure, Chancellor of South Carolina, to the author. Columbia, July 29th, 1835.

stances, amid and above the chaos of the Revolution, those maxims of political law, which have since become in this country, of universal controlling application and efficacy, and also in giving specific. form to his previously suggested plans of Constitution and Administration. His services there caused "his character for genius, wisdom and eloquence to be every where known and acknowledged."*

When the contest of arms had ended, new topics of immense magnitude, affecting every interest, private and public, came up for adjudication in the Courts, and to these Hamilton passed, bringing, not only the teachings. of reason and a large experience in affairs, but that warm wide humanity which can alone interpret between right and wrong, duty and passion, reconciling, while it interprets. How far had the laws of war conflicted with or suspended social rights? What proper immunities had been invaded? What indemnities due? What the remedies to be interposed? These inquiries brought up to consideration the binding and merging effects of treaties -their controlling powers and reciprocal obligations. And here again was called for that higher wisdom, rising to and mutualizing much that remained constructive, implied, resulting; arriving at the mean between positive and irreconcileable extremes, and as it harmonized, inculcating most healthful lessons of equitable, national, public justice.

Nor was this all then demanded of him, for it was his great part as a jurist to define and to mark the limits of National and State power, then obscurely and partially viewed in reference to Political compacts; asserting the due supremacy of the nation and the due subordinacy of the States, auxiliary thereto. Had Courts of equivalent

Chancellor Kent's "Recollections."