Alexander Hamilton And The Development Of American Law

Alexander Hamilton is commonly seen as the standard-bearer of an ideology-turned-political party, the Federalists, engaged in a struggle for the soul of the young United States against the Anti-Federalists, and later, the Jeffersonian Republicans. Alexander Hamilton and the Development of American Law counters such conventional wisdom with a new, more nuanced view of Hamilton as a true federalist, rather than a one-dimensional nationalist, whose most important influence on the American founding is his legal legacy. In this analytical biography, Kate Elizabeth Brown recasts our understanding of Hamilton's political career, his policy achievements, and his significant role in the American founding by considering him first and foremost as a preeminent lawyer who applied law and legal arguments to accomplish his statecraft. In particular, Brown shows how Hamilton used inherited English legal principles to accomplish his policy goals, and how state and federal jurists adapted these Hamiltonian principles into a distinct, republican jurisprudence throughout the nineteenth century. When writing his authoritative commentary on the nature of federal constitutional power in The Federalist, Hamilton juxtaposed the British constitution with the new American one he helped to create; when proposing commercial, monetary, banking, administrative, or foreign policy in Washington's cabinet, he used legal arguments to justify his desired course of action. In short, lawyering, legal innovation, and common law permeated Alexander Hamilton's professional career. Re-examining Hamilton's post-war accomplishments through the lens of law, Brown demonstrates that Hamilton's much-studied political career, as well as his contributions to republican political science, cannot be fully understood without recognizing and investigating how Hamilton used Anglo-American legal principles to achieve these ends. A critical re-evaluation of Hamilton's legacy, as well as his place in the founding era, Brown’s work also enhances and refines our understanding of the nature and history of American jurisprudence.

How skirting the law once defined America’s relation to the world. In the frigid winter of 1875, Charles L. Lawrence made international headlines when he was arrested for smuggling silk worth $60 million into the United States. An intimate of Boss Tweed, gloriously dubbed “The Prince of Smugglers,” and the head of a network spanning four continents and lasting half a decade, Lawrence scandalized a nation whose founders themselves had once dabbled in contraband. Since the Revolution itself, smuggling had tested the patriotism of the American people. Distrusting foreign goods, Congress instituted high tariffs on most imports. Protecting the nation was the custom house, which waged a “war on smuggling,” inspecting every traveler for illicitly imported silk, opium, tobacco, sugar, diamonds, and art. The Civil War’s blockade of the Confederacy heightened the obsession with contraband, but smuggling entered its prime during the Gilded Age, when characters like assassin Louis Bieral, economist “The Parsee Merchant,” Congressman Ben Butler, and actress Rose Eytinge tempted consumers with illicit foreign luxuries. Only as the United States became a global power with World War I did smuggling lose its scurvy romance. Meticulously researched, Contraband explores the history of smuggling to illuminate the broader history of the United States, its power, its politics, and its culture.

Classic Books Library presents this brand new edition of “The Federalist Papers”, a collection of separate essays and articles compiled in 1788 by Alexander Hamilton. Following the United States Declaration of Independence in 1776, the governing doctrines and policies of the States lacked cohesion. “The Federalist”, as it was previously known, was constructed by American statesman Alexander Hamilton, and was intended to catalyse the ratification of the United States Constitution. Hamilton recruited fellow statesmen James Madison Jr., and John Jay to write papers for the compendium, and the three are known as some of the Founding Fathers of the United States. Alexander Hamilton (c. 1755–1804) was an American lawyer, journalist and highly influential government official. He also served as a Senior Officer in the Army between 1799-1800 and founded the Federalist Party, the system that governed the nation’s finances. His contributions to the Constitution and leadership made a significant and lasting impact on the early development of the nation of the United States.

America’s first treasury secretary and one of the three authors of the Federalist Papers, Alexander Hamilton stands as one of the nation’s important early statesmen. Michael P. Federici places this Founding Father among the country’s original political philosophers as well. Hamilton remains something of an enigma. Conservatives and liberals both claim him, and in his writings one can find material to support the positions of either camp. Taking a balanced and objective approach, Federici sorts through the written and historical record to reveal Hamilton’s philosophy as the synthetic product of a well-read and pragmatic figure whose intellectual genealogy drew on Classical thinkers such as Cicero and Plutarch, Christian theologians, and Enlightenment philosophers, including Hume and Montesquieu. In evaluating the thought of this republican and would-be empire builder, Federici explains that the apparent contradictions found in the Federalist Papers and other examples of Hamilton’s writings reflect both his practical engagement with debates over the French Revolution, capital expansion, commercialism, and other large issues of his time, and his search for a balance between central authority and federalism in the embryonic American government. This book challenges the view of Hamilton as a monarchist and shows him instead to be a strong advocate of American constitutionalism. Devoted to the whole of Hamilton’s political writing, this accessible and teachable analysis makes clear the enormous influence Hamilton had on the development of American political and economic institutions and policies.

Editors of v. 3-5: J. Goebel, Jr. and J.H. Smith.

Once the dust of the Revolution settled, the problem of reconciling the erstwhile warring factions arose, and as is often the case in the aftermath of violent revolutions, the matter made its way into the legal arena. Rutgers v. Waddington was such a case. Through this little-known but remarkable dispute over back rent for a burned-down brewery, Peter Charles Hoffer recounts a tale of political and constitutional intrigue involving some of the most important actors in America's transition from a confederation of states under the Articles of Confederation to a national republic under the U.S. Constitution. At the end of the Revolution, the widow Rutgers and her sons returned to the brewery they'd abandoned when the British had occupied New York. They demanded rent from Waddington, the loyalist who had rented the facility under the British occupation. Under a punitive New York state law, the loyalist Waddington was liable. But the peace treaty's provisions protecting loyalists' property rights said otherwise. Appearing for the defendants was war veteran, future Federalist, and first secretary of the treasury, Alexander Hamilton. And, as always, lurking in the background was the estimable Aaron Burr. As Hoffer details Hamilton's arguments for the supremacy of treaty law over state law, the significance of Rutgers v. Waddington in the development of a strong central government emerges clearly—as does the role of the courts in bridging the young nation's divisions in the Revolution's wake. Rutgers v. Waddington illustrates a foundational moment in American history. As such, it is an encapsulation of a society riven by war, buffeted by revolutionary change attempting to piece together the true meaning of, in John Adams' formulation, "rule by law, and not by men."

'A witty and energetic study of the ideas and passions of the Framers.' - New York Times Book Review'An important, comprehensive statement about the most fundamental period in American history. It deals authoritatively with topics no student of American can afford to ignore.' - Harvey Mansfield, author of the Spirit of Liberalism

Although deconstruction has become a popular catchword, as an intellectual movement it has never entirely caught on within the university. For some in the academy, deconstruction, and Jacques Derrida in particular, are responsible for the demise of accountability in the study of literature. Countering these facile dismissals of Derrida and deconstruction, Herman Rapaport explores the incoherence that has plagued critical theory since the 1960s and the resulting legitimacy crisis in the humanities. Against the backdrop of a rich, informed discussion of Derrida's writings -- and how they have been misconstrued by critics and admirers alike -- The Theory Mess investigates the vicissitudes of Anglo-American criticism over the past thirty years and proposes some possibilities for reform.