Jefferson. Chief Justice Lewis, before whom the case was
originally tried, declined to permit the defendant to prove the truth
of the alleged libel. To this point, in his argument for a new trial,
Hamilton addressed himself, contending that the English doctrine was
at variance with common sense, common justice, and the genius of
American institutions. "I have always considered General Hamilton's
argument in this cause," said his great contemporary, Chancellor Kent,
"as the greatest forensic effort he ever made. He had come prepared
to discuss the points of law with a perfect mastery of the subject. He
believed that the rights and liberties of the people were essentially
concerned. There was an unusual solemnity and earnestness on his part
in this discussion. He was at times highly impassioned and pathetic.
His whole soul was enlisted in the cause, and in contending for the
rights of the jury and a free press, he considered that he was
establishing the surest refuge against oppression. He never before in
my hearing made any effort in which he commanded higher reverence for
his principles, nor equal admiration of the power and pathos of his
eloquence."[133] Such a profound impression did his argument make,
that, although the Court declined to depart from the settled rule of
the common law, the Legislature subsequently passed a statute
authorising the truth to be given in evidence, and the jury to be the
judges of the law as well as of the facts in libel cases.

[Footnote 133: H.C. Lodge, _Life of Alexander Hamilton_, pp. 240-1.]

It was during the argument of this case at Albany that Hamilton,
joining his Federalist friends at Lewis' Tavern, gave his reasons for
preferring Chancellor Lansing to Aaron Burr for governor. There was
something new in these reasons. In 1801 he preferred Jefferson to Burr
because the latter, as he wrote Gouverneur Morris, "has no principles,
public or private; could be bound by no argument; will listen to no
monitor but his ambition; and for this purpose will use the worst
portion of the community as a ladder to climb to permanent power, and
an instrument to crush the better part. He is sanguine enough to hope
everything, daring enough to attempt everything, wicked enough to
scruple nothing."[134]

[Footnote 134: _Hamilton's Works_ (Lodge), Vol. 8, p. 570.]

Nothing had occurred in the intervening years to change this opinion,
but much was now happening to strengthen it. A Federalist faction