allis; and on the surrender of this general,--feeling that the
war was virtually ended,--he withdrew altogether from the army, and
began the study of law at Albany. He had already married the daughter of
General Schuyler, and thus formed an alliance with a powerful family.
After six months of study he was admitted to the Bar, and soon removed
to New York, which then contained but twenty-five thousand inhabitants.
His legal career was opened, like that of Cicero and Erskine, by a
difficult case which attracted great attention and brought him into
notice. In this case he rendered a political service as well as earned a
legal fame. An action was brought by a poor woman, impoverished by the
war, against a wealthy British merchant, to recover damages for the use
of a house he enjoyed when the city was occupied by the enemy. The
action was founded on a recent statute of the State of New York, which
authorized proceedings for trespass by persons who had been driven from
their homes by the invasion of the British. The plaintiff therefore had
the laws of New York on her side, as well as popular sympathies; and her
claim was ably supported by the attorney-general. But it involved a
grave constitutional question, and conflicted with the articles of peace
which the Confederation had made with England; for in the treaty with
Great Britain an amnesty had been agreed to for all acts done during the
war by military orders. The interests of the plaintiff were overlooked
in the great question whether the authority of Congress and the law of
nations, or the law of a State legislature, should have the ascendency.
In other words, Congress and the State of New York were in conflict as
to which should be paramount,--the law of Congress, or the law of a
sovereign State,--in a matter which affected a national treaty. If the
treaty were violated, new complications would arise with England, and
the authority of Congress be treated with contempt. Hamilton grappled
with the subject in the most comprehensive manner,--like a statesman
rather than a lawyer,--made a magnificent argument in favor of the
general government, and gained his case; although it would seem that
natural justice was in favor of the poor woman, deprived of the use of
her house by a wealthy alien, during the war. He rendered a service to
centralized authority, to the power of Congress. It was the incipient
contest between Federal and State authority. It was enlightened reason
and
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