Title: New York Assembly. Remarks on an Act for Regulating Elections, [27 January 1787]
From: Hamilton, Alexander
To:

[New York, January 27, 1787]
Mr. Hamilton observed they were going on dangerous ground. The best rule the committee could follow was that held out in the constitution; which it would be safest to adhere to without alteration or addition. If we once depart from this rule, there is no saying where it will end. To-day, a majority of the persons sitting here from a particular mode of thinking disqualify one description of men. A future legislature from a particular mode of thinking in another point, disqualify another set of men. One precedent is the pretext of another, ’till we narrow the ground of qualifications to a degree subversive of the spirit of the constitution.
It is impossible to suppose that the Convention who framed the constitution were inattentive to this point. It is a matter of too much importance not to have been well considered, they have fixed the qualification of electors with precision; they have defined those of Senator and Governor; but they have been silent as to the qualifications of Members of Assembly. It may be said that, being silent, they have left the matter to the discretion of the legislature. But is not the language of the framers of the constitution rather this?—we will fix the qualifications of electors—we will take care that persons absolutely indigent shall be excluded—we will provide that the right of voting shall be on a broad and secure basis—and we will trust to the discretion of the electors themselves the choice of those who are to represent them in assembly. Every qualification implies a disqualification: The persons who do not possess the qualification required become ineligible. Is not this to restrain the freedom of choice allowed by the constitution to the body of electors? An improper exercise of this liberty cannot constitutionally be presumed. Why therefore should we circumscribe it within limits unknown to the constitution? why should we abridge the rights of any class of citizens in so important an article?
By the constitution every citizen is eligible to a seat in the Assembly. If we say certain descriptions of persons shall not be so eligible, what is this but to deprive all those who fall within that description of an essential right allowed them by the constitution?
I have observed that if we once break the ground of departing from the simple plan of the constitution it may lead us much farther than we now intend—from the prevalency of a certain system, it is now proposed to exclude all persons from seats who hold offices under Congress—the pretence is to guard against an improper influence. I may think another species of influence more dangerous. I have taken notice upon a former occasion of the decisive agency of the executive in the appointment to all offices. If the persons who derive their official existence from that source sit in this house, it cannot be denied that it might give the executive an undue influence in the legislative deliberations. If in the vicissitude of human events, a majority of a future legislature should view the subject in this light, and if the principle of a right to annex disqualifications unknown to the constitution be admitted in practice, all persons holding offices under the state would then be excluded. I wish here to be clearly understood. I mean only to reason on general principles, without any particular reference whatever. I have hitherto confined my self to the general principle of the clause. There are however particular objections, one just occurs to me—there are officers who have been wounded in the service, and who now have pensions under the United States as the price of their blood; would it be just, would it not be cruel on this account to exclude men from a share in the administration of that government which they have at every hazard contributed to establish?
This instance strikes me: Other members may probably think of other cases equally strong against the exclusion—further reflections may suggest others that do not now occur.
If the committee however should resolve to adopt it; for the sake of consistency, they must carry it one step further—they must say that no member of Congress shall hold a seat. For surely if it be dangerous that the servants of Congress should have a seat in this house, it is more dangerous that the members themselves should be allowed this privilege.
But I would not be understood to advocate this extention of the clause. I am against the whole business. I am for adhering strictly to the present provisions of the constitution, I repeat it if we once break the ground of innovation, we may open a door to mischiefs what we neither know nor think of.
Mr. Hamilton—I still continue Mr. Chairman of the same opinion on this subject. The more I consider the matter, the more forcibly am I struck that it will be dangerous to introduce qualifications unknown to the constitution. Is it possible to suppose the framers of the constitution were inattentive to this important subject, or that they did not maturely consider the propriety of annexing qualifications to the elected?
From the silence of the constitution it is inferred that it was intended to leave this point to the discretion of the legislature. I rather infer that the intention of the constitution was to leave the qualifications of their representatives wholly to the electors themselves. The language of the constitution seems to me to be this—Let us take care that the persons to elect are properly qualified, that they are in such a situation in point of property as not to be absolutely indigent and dependent, and let us trust to them the care of choosing proper persons to represent them.
The constitution will not presume that whole districts and counties of electors duly qualified will choose men improper for the trust.
Let us on our part be cautious how we abridge the freedom of choice allowed them by the constitution or the right of being elected, which every citizen may claim under it.
I hold it to be a maxim which ought to be sacred in our form of government, that no man ought to be deprived of any right or privilege which he enjoys under the constitution; but for some offence proved in due course of law.
To declare qualifications or disqualifications by general descriptions, in legislative acts, would be to invade this important principle. It would be to deprive in the gross all those who had not the requisite qualifications, or who were objects of those disqualifications to that right to a share in the administration of the republic which the constitution gives them, and that without any offence to incur a forfeiture.
As to the objection that the electors might even choose a foreigner to represent them within the latitude of the constitution, the answer is that common sense would not tolerate such a construction. The constitution from the fundamental policy of a republican government must be understood to intend citizens. But the gentleman, (Mr. Jones) has not adverted that the same difficulty would attend the case of electors where he admits there is no power in the legislature to make alterations—the expression there is, every male inhabitant possessed of certain property shall vote; but there surely could never be a doubt that such male inhabitant must also be a citizen.
But let us pursue the subject a little further; commerce it will be admitted leads to an increase of individual property, property begets influence. Though a legislature composed as we are, will always take care of the rights of the middling and lower classes, suppose the majority of the legislature to consist at a future day, of wealthy men, what would hinder them, if the right of innovating on the constitution be admitted, from declaring that no man not worth ten thousand pounds should be eligible to a seat in either house? and would not this introduce a principle of aristocracy fatal to the genius of our present constitution.
In making this observation I cannot be suspected of wishing to increase the jealousy already sufficiently high of men of property—my situation, prospects and connections forbid the supposition. But I mean to lay honestly before you the dangers to which we expose ourselves by letting in the principle which the clause under consideration rests upon.
I give no opinion on the expediency of the exclusion proposed. I only say, in my opinion, the constitution does not permit it, and I shall be against any qualification or disqualification either of electors or elected, not prescribed by the constitution.
To me it appears that the qualifications of both ought to be fundamental in a republican government; not liable to be varied or added to by the legislature, and that they should for ever remain where the constitution has left them. I see no other safe ground.
It is to be lamented that men to carry some favorite point in which their party or their prejudices are interested, will inconsiderately introduce principles and precedents, which lead to successive innovations destructive of the liberty of the subject and the safety of the government.
For my part, I shall uniformly oppose every innovation not known in the provisions of the constitution. I therefore move that the clause be struck out.


Title: New York Assembly. Remarks on an Act for Regulating Elections, [29 January 1787]
From: Hamilton, Alexander
To:

[New York, January 29, 1787]
Mr. Hamilton thought the subject was nearly exhausted, from what had been said on a former occasion.
He insisted strongly upon the distinction drawn by the constitution, he thought this clause did not comport with what was there held out. The requisite and constitutional qualifications to be required of electors, was there precisely ascertained, they are to possess certain estates and swear allegiance to the state. The foreigner before he could be admitted to the franchise of a citizen, was required to take this oath of abjuration, and for reasons which do not exist on the part of the person born and educated here, unincumbered with that dangerous fanaticism, which terrified the world some centuries back; but which is now dissipated by the light of philosophy.
These oaths are therefore no longer necessary, for the dangers are now only imaginary and are void of existence, at least with respect to us.
Mr. Hamilton animadverted on the little influence possessed by the Pope in Europe, spoke of the reformation going forward in the German empire, and of the total independence of the French church. He compared bringing forward oaths of this nature to the vigilance of those who would bring engines to extinguish fire which had many days subsided.
He observed that the Roman Catholics were not the only society affected, some of the Dutch reformed churches held a species of ecclesiastical foreign jurisdiction, he alluded to the Clausses of Amsterdam.
He concluded with observing it was unconstitutional in the form it held in the bill.


Title: New York Assembly. Remarks on an Act for Regulating Elections, [30 January 1787]
From: Hamilton, Alexander
To:

[New York, January 30, 1787]
Mr. Hamilton, the more he thought upon this subject, the more clearly he discovered its mischievous tendency, for nothing was more evident to him than that it put every unlettered person greatly in the power of the inspector—and when we consider the great number of which this class of men consist in some places of one half or one third of the whole district, it is easily perceivable that submitting them to the guidance of the inspector, you put into their power to decide elections.
It was very justly remarked by the gentleman who spoke first (Mr. Malcom) that the unlettered person from his want of knowing personally the candidates will not when taken aside recollect the names even of them, or at least but a few; in this case the inspector not only may, but must suggest the names to him otherwise how can he vote? What then is the consequence? Certainly if he is a man connected with party, he will vote for his friend, for notwithstanding the inspector may be an honest man, and bound by an oath on this occasion, yet, we know how easy it is for people to interpret such oaths to accommodate themselves, especially when they think they are rendering service to their country, they find a thousand ingenious contrivances, a thousand subterfuges to reconcile it to their preferences.
But Mr. Chairman it not only is dangerous but it is totally contrary to the very genius and intention of balloting; which means that a man’s vote should be secret and known but to himself—yet you not only permit him but even oblige him to discover his vote. This I submit to the candour of the members, and they cannot but see with me, that this clause is a violation of the right we wish to give ourselves of voting concealed, and it deprives the unlettered person of what his fellow citizen who has it in his power to read, has secured to him. I would wish these persons might be left to themselves, for there would be then less danger than when the influence was regular and concentered.
I hope these reasons will be deemed sufficient to induce the house to reject the clause as repugnant to the genius and liberty of our republic.


Title: New York Assembly. Motion for Leave to Bring in a Bill, [3 February 1787]
From: Hamilton, Alexander
To:

[New York, February 3, 1787]
Mr. Hamilton moved for leave to bring in a bill to amend the charter of the Corporation for the relief of Widows and Children of Clergymen in communion of the Church of England, in America.
Ordered, That leave be given accordingly.
Mr. Hamilton, according to leave, brought in the said bill, entitled An act to amend the Charter of the Corporation for the relief of the Widows and Children of Clergymen in the communion of the Church of England, in America, which was read a first time, and ordered a second reading.


Title: Horatio Gates to Alexander Hamilton, James Duane, and William Duer, 5 February 1787
From: Gates, Horatio
To: Hamilton, Alexander,Duane, James,Duer, William

Travellers Rest (Virginia)5th February 1787
Dear Sirs,
I received The packet you Honoured me with by The Bearer Mr. J. Nourse, and immediately forwarded your Letter with The Books to the State Secretary T. Merriwether Esqr. at Richmond, with a Letter from myself, requesting him to Present it to The Committee, that is appointed to attend The General Meeting in Philadelphia. Previous to my receiving your Letter, I had The Honour to receive a packet from His Excellency General Washington, inclosing his Circular Letter to all the State Meetings of The Union, & herewith, you will receive a Copy of my Answer to His Excellency. The distance I live from Richmond, 200 Miles, ⟨– – – – – – – –⟩ & the Risque of Health at that Severe Season prevented me from going to the State Meeting in November, and I have not yet received the Minutes of what was transacted there. From the President Generals Resignation, I Augur the most unfavourable consequences to The Order, The Honour & Prosperity, of which, I have so much at Heart.   with Great Regards, I am Dear Sirs, Your most Obedient Humble Servant
Horatio Gates
P.S.   The Bearer will return here in Ten days.
Alexander HamiltonJames Duane & William Duer Esqrs.
New York


Title: New York Assembly. Remarks on an Act for Regulating Elections, [6 February 1787]
From: Hamilton, Alexander
To:

[New York, February 6, 1787]
Mr. Hamilton observed that when the discriminating clauses admitted into the bill by that house, were introduced, he was restrained by motives of respect for the sense of a respectable part of the house, from giving it any other opposition, than a simple vote. The limited operation, they would have, made him less anxious about their adoption: but he could not reconcile it to his judgment, or feelings, to observe a like silence on the amendment proposed by the senate. Its operation would be very extensive; it would include almost every man in the city, concerned in navigation during the war.
We had in a former debate, travelled largely over the ground of the constitution, as applied to legislative disqualifications; He would not repeat what he had said, but he hoped to be indulged by the house in explaining a sentence in the constitution, which seems not well understood by some gentlemen. In one article of it, it is said no man shall be disfranchised or deprived of any right he enjoys under the constitution, but by the law of the land, or the judgment of his peers. Some gentlemen hold that the law of the land will include an act of the legislature. But Lord Coke, that great luminary of the law, in his comment upon a similar clause, in Magna Charta, interprets the law of the land to mean presentment and indictment, and process of outlawry, as contradistinguished from trial by jury. But if there were any doubt upon the constitution, the bill of rights enacted in this very session removes it. It is there declared that, no man shall be disfranchised or deprived of any right, but by due process of law, or the judgment of his peers. The words “due process” have a precise technical import, and are only applicable to the process and proceedings of the courts of justice; they can never be referred to an act of legislature.
Are we willing then to endure the inconsistency of passing a bill of rights, and committing a direct violation of it in the same session? in short, are we ready to destroy its foundations at the moment they are laid?
Our having done it to a certain degree is to be lamented; but it is no argument for extending it.
He would now make some remarks on the expediency and justice of the clause, distinct from constitutional considerations.
The word privateer is indefinite, it may include letters of marque. The merchants of this city during the war, generally speaking, must abandon their means of livelihood, or be concerned in navigation; if concerned in navigation, they must of necessity have their vessels armed for defence. They would naturally take out letters of marque. If every owner of a letter of marque is disfranchised, the body of your merchants will probably be in this situation. Is it politic, or wise to place them in it? Is it expedient to force by exclusions and discriminations a numerous and powerful class of citizens to be unfriendly to the government?
He knew many individuals who would be comprehended, who are well affected to the prosperity of the country: who are disposed to give every support to the government and who, some of them at least, even during the war, had manifested an attachment to the American cause.
But there is one view in which the subject merits consideration, that must lay hold on all our feelings of justice. By the maritime law, a majority of the owners have a right to dispose of the destination of the vessel. The dissent of the minority is of no avail. It may have happened, and probably has happened in many instances, that vessels have been employed as privateers, or letters of marque, by a majority of the owners, contrary to the sense of the minority. Would it be just to punish the innocent with the guilty; to take away the rights of the minority, for an offence committed by the majority, without their participation, perhaps contrary to their inclination?
He would mention a further case, not equally strong, but of considerable force, to incline the house against the amendment. He had been informed that in one or more instances during the war, some zealous people had set on foot subscriptions for fitting out privateers, perhaps at the instigation of the British government; and had applied to persons suspected of an attachment to us to subscribe; making their compliance a test of their loyalty. Several individuals, well disposed to our cause, to avoid becoming the objects of persecution, had complied; would it not be too rigorous to include them in so heavy a penalty? It may be said they were guilty of a culpable want of firmness. But if there are any of us who are conscious of greater fortitude, such persons should not on that account be too severe on the weaknesses of others. They should thank nature for its bounty to them, and should be indulgent to human frailty. How few are there who would have had strength of mind enough in such circumstances to hazard by a refusal, being marked out as the objects of military resentment?
I hope Mr. Speaker, as well from motives of justice, as a regard to the constitution, we shall stop where we are, and not go any farther into the dangerous practice of disqualifying citizens by general descriptions. I hope we shall reject the amendment. Sir!
Mr. Hamilton explained the intention and meaning of this clause in the constitution. He defined the act of attainder, as being a law, confiscating for treason and misprison of treason, all the property and estate of the attainted traitor, and forfeiting his life unless he appears to take his trial. This was the construction put upon it by the country from which we draw our knowledge of jurisprudence; and he believed an example could not be produced, w[h]ere it had been extended or applied in any other manner, he was positive it could not be exercised to disfranchise a whole party, for this plain reason that it would involve the innocent with the guilty.
This clause therefore in the constitution, was only intended to apply in particular cases w[h]ere an exception to the established mode of common law, became necessary by the persons absenting himself; and did not apply at all into the subject before the house.
He concluded, by observing that precedents of this kind laid the foundation for the subversion of the liberty of the people, and he therefore hoped the amendment would not be agreed to.


Title: New York Assembly. Report on a Petition from George Fisher, [8 February 1787]
From: Hamilton, Alexander
To:

[New York, February 8, 1787]
Mr. Hamilton, from the Committee to whom was referred the petition of George Fisher, reported, that they have enquired into the circumstances of his case, and are of opinion that it will be proper to grant him relief, either by taking back the land mentioned in his petition, and returning the deposit money, or by setting off to him so much of the land as will amount to the deposit money, in proportion to the whole, and taking back the residue. That a clause be inserted in some proper bill for this purpose, and that in the mean time the Attorney General be directed to suspend all proceedings against the petitioner.


Title: New York Assembly. Remarks on an Act Concerning Murder, [8 February 1787]
From: Hamilton, Alexander
To:

[New York, February 8, 1787]
On that part of the bill, which required that women who clandestinely were delivered of children and the same die, or be born dead, that the mother within one month thereafter, should before a magistrate be obliged to produce one witness at least, to prove that the child was not murdered; and in default of concealing the same, to be deemed guilty of murder.
Mr. Hamilton observed, that the clause was neither politic or just, he wished it obliterated from the bill; to shew the propriety of this, he expatiated feelingly on the delicate situation it placed an unfortunate woman in, who might by accident be delivered stillborn; from the concealment of the loss of honor, her punishment might be mitigated; and the misfortune end here. She might reform and be again admitted into virtuous society. The operation of this law compelled her to publish her shame to the world. It was to be expected therefore that she would prefer the danger of punishment from concealment, to the avowal of her guilt. He thought it would involve courts in a delicate dilemma; the law would have no good effect as it would generally be evaded; such circumstances would be viewed leniently.


Title: Introductory Note: New York Assembly. An Act for Raising Certain Yearly Taxes Within This State, [9 February 1787]
From:
To:

The Assembly of the New York legislature resolved on January 17, 1787, “that a Committee be appointed to consider of and report, ways and means for discharging the debts of the State, and the maintenance of public credit” (New York Assembly JournalJournal of the Assembly of the State of New York (Publisher and place vary, 1782–1788)., 1787, 10). The Journal, however, did not give the names of the members appointed to the committee. On February 9, 1787, William Malcom “from the Committee of Ways and Means,… reported that it is the opinion of the Committee, that a bill be brought in for raising certain yearly taxes within this State; that the Committee have prepared a draft of a bill for that purpose (ibid., 41). Initially entitled “An Act for Raising Certain Yearly Taxes Within This State,” the title of the bill was later changed to “An Act for Raising Monies by Tax.”
In the Hamilton Papers, Library of Congress, there are three autograph drafts of this document. Two of them are apparently drafts used in preparation of the third, the draft of “An Act for Raising Certain Yearly Taxes Within This State,” which Hamilton submitted to the New York legislature. Arranging them in the order in which Hamilton probably prepared them, they are designated for purposes of identification, First Draft, Second Draft, and Third Draft.
There is also in the Hamilton Papers a fragment which was probably a preliminary outline prepared before the First Draft. The fragment is headed “Objects for taxation” and includes, with certain minor differences, the information contained under the numerals I, II, III, IV, and X in the Second Draft.
The First Draft, although differing in paragraph arrangement, conforms closely to the Second Draft. It is not as complete as the Second Draft and Hamilton left blank spaces which he evidently intended to use for later amplification of statements he had made. The taxes proposed are, with some exceptions, the same in the First and Second Drafts but the estimated amounts to be raised from them are different.
Both the First Draft and the Second Draft conclude with a section on the “mode of collection.” It is this subject which, except for the opening paragraphs, is discussed in greater detail in the Third Draft.
The “Act for Raising Certain Yearly Taxes …,” or the Third Draft, is incomplete. Page 2 of this MS ends with the sentence: “Upon every room or apartment with a ceiling of stucco work the further sum of twenty shillings.” The next page, which is numbered page 7 in an unidentified handwriting, begins “The duty of such surrogate.…” The missing pages may have contained the specific taxes enumerated in the Second Draft under numerals III–X.
The Second Draft and the Third Draft are printed below. The First Draft, which is printed in JCHWJohn C. Hamilton, ed., The Works of Alexander Hamilton (New York, 1851)., II, 204–11, has been omitted because, although similar to the Second Draft, it is less complete.
Scholars have assumed that “An Act for Raising Certain Yearly Taxes Within This State,” was drafted by Hamilton in 1782. It is printed in JCHWJohn C. Hamilton, ed., The Works of Alexander Hamilton (New York, 1851)., II, 204–11, with no date but among documents for the year 1782. Nathan Schachner (Hamilton, 149–50) and Broadus Mitchell (Hamilton, 274–75) assume it was written in September, 1782. Although it may have been drafted earlier, the act was introduced in the New York legislature in 1787.

The following facts support the contention that the document could have been written in 1782: On July 21, 1782, a joint committee of the New York legislature was appointed to report to the next session of the legislature “a system for establishing such Funds within this State, as may be best calculated to answer the Purposes of this State, and the United States; and for the more effectual Collection of Taxes within this State” (New York Assembly JournalJournal of the Assembly of the State of New York (Publisher and place vary, 1782–1788)., 1782, 117). During August and the first part of September, Hamilton was collecting information on the condition of finances of the state which might have been used in preparation for a report to the committee. The committee met on September 15 and adjourned early in October. Hamilton was in constant attendance and could have submitted his ideas on the proper mode of taxation to be adopted by the state.
It is possible that the recommendations of objects of taxation in the First and Second Drafts were made in 1782 and conceivable, although not likely, that the First Draft may have been written at that time. That a plan similar to the one here printed may have been submitted to the committee of the legislature in 1782 is suggested by a letter Hamilton wrote to Robert Morris on October 5, 1782, describing a plan of taxation adopted by the committee which contained provisions for specific taxation included in Hamilton’s First Draft.
There is, therefore, a possibility that the First Draft may have been prepared in 1782 and used by Hamilton in 1787 as the basis for an act for raising taxes. The Second Draft, however, could not have been prepared before 1787, for it refers to the collection of taxes in the counties of Washington, Montgomery, and Columbia, all of which were created after 1782. The names of the counties of Tyron and Charlotte were changed to Montgomery and Washington, respectively, by an act of the legislature in 1784 (Laws of the State of New York, ILaws of the State of New York Passed at the Sessions of the Legislature Held in the Years 1777, 1778, 1779, 1780, 1781, 1782, 1783 and 1784 Inclusive, being the First Seven Sessions (Albany, 1886)., 613). Columbia County was formed from Albany County in 1786 (ibid., II, 234).
That Hamilton’s plan for specific taxation was introduced to the legislature in 1787 is further demonstrated by a partial draft of the proposed act which appeared in The [New York] Daily Advertiser of March 13 and March 15, 1787. The excerpts from the act printed there are exactly the same as corresponding sections of the act in the Second Draft printed below. The New York Assembly JournalJournal of the Assembly of the State of New York (Publisher and place vary, 1782–1788). also indicates that the act must have been submitted to the legislature in 1787, for a paragraph from the proposed act which was read on March 16 (New York Assembly JournalJournal of the Assembly of the State of New York (Publisher and place vary, 1782–1788)., 1787, 101), precisely corresponds with paragraph two of the Second Draft.


Title: Third Draft of an Act for Raising Certain Yearly Taxes Within This State, [9 February 1787]
From: Hamilton, Alexander
To:

Whereas from the impossibility of finding any determinate rule for ascertaining the comparitive abilities of counties districts and individuals to pay taxes the mode of taxation heretofore in use in this state of quotas and assessments has been found by experience to be productive of great inequalities and inconveniences and has proved inadequate to the exigencies of the state: And Whereas there is reason to believe that the imposition of taxes on specific articles of property will be found upon the whole more equitable as well as more effectual for the purposes of revenue
Be it therefore enacted by the People of the State of New York represented in Senate and Assembly and it is hereby enacted by the authority of the same—that the following taxes and duties shall be and hereby are laid assessed and imposed upon the articles and at the rates hereinafter specified for the service of the present year, that is to say—
Upon every inhabited dwelling house of the description and denomination of a log house at and after the rate of two shillings for each room or apartment thereof with a fire place or stove therein.
Upon every other inhabited dwelling house of two rooms exclusive of garret and cellar at and after the rate of two shillings for each room or apartment thereof with a fire place or stove therein.
Upon every such house of three rooms exclusive as before at and after the rate of three shillings for each room or apartment thereof with a fire place or stove therein.
Upon every such house of four rooms, exclusive as before, at and after the rate of four shillings for each room or apartment thereof with a fire place or stove therein.
Upon every such house of five rooms, exclusive as before, at and after the rate of five shillings for each apartment thereof with a fire place or stove therein.
Upon every such house of six rooms and upwards, exclusive as before, at and after the rate of six shillings for each room or apartment thereof, with a fire place or stove therein.
Upon every room in the garret or cellar of any house of the foregoing descriptions having a fire place or stove and upon every kitchen therein at and after the rate of two shillings for each room or kitchen.
Upon each room or apartment of every such house papered inside the further sum of five shillings.
Upon every Chimney faced with tiles the further sum of two shillings.
Upon every Chimney faced with cut stone other than marble the further sum of two shillings.
Upon every Chimney faced with marble the product of any of the United States of America the further sum of five shillings.
Upon every Chimney faced with marble the product of any foreign country the further sum of twelve shillings.
Upon every Mahogany stair case the further sum of twenty shillings.
Upon every room or apartment with cornishes of stucco work the further sum of ten shillings.
Upon every room or apartment with a ceiling of stucco work the further sum of twenty shillings;
the duty of such surrogate upon information or discovery thereof to prosecute for the penalty aforesaid.
Upon land of the following descriptions
For every acre of meadow arable and pasture land at and after the rate of three pence per acre for the first quality thereof two pence per acre for the second quality thereof and one penny per acre for the third quality thereof to be ascertained as hereinafter mentioned.
For every hundred acres of wood land (barrens, lands subject to a right of commonage and all lands granted since the fourth day of July one thousand seven hundred and seventy six and hereafter to be granted by the Commissioners of the land office excepted) one shilling; which said tax on the said several kinds of land shall be paid by the actual tenant or holder thereof whether of an estate of inheritance for life for years at sufferance or at will.
Provided always that nothing in this act contained shall be construed to alter change determine or make void any contract covenant or Agreement whatsoever between landlord and tenant or others touching the payment of taxes or assessments any thing herein contained to the contrary notwithstanding. And Provided further that the tax upon any house or tenement which any Ambassador Resident Agent or other public minister of any foreign prince or state now doth or hereafter shall inhabit or occupy shall be paid by the landlord or owner thereof.
And be it further enacted by the authority aforesaid that the tax herein before imposed upon inhabited dwelling houses and building lots shall be collected in manner following to wit: The Assessors of each City town ward manor precinct and district shall in all parts of the state except the City and County of New York in the month of October next and in the said city and county of New York between the tenth day of May and the first day of June next visit and inspect the said houses within their respective Cities towns wards manors precincts and districts and make and enter into books to be by them provided for that purpose at the County charge a list of the names of the several occupiers of the houses liable to the said tax and opposite thereto respectively in separate columns under proper heads the discription of the houses by them respectively occupied, specifying the whole number of rooms or apartments for habitation in each house exclusive of garrets and cellars the number of such rooms with fire places or stoves therein, the number of rooms in garrets or cellars with fire places or stoves, the number of rooms or apartments papered inside the number of chimnies faced with tiles the number of Chimnies faced with cut stone, the number of chimnies faced with marble the product of any of the United States the number of chimnies faced with marble the product of any foreign country the number of mahogany stair cases the number of rooms with cornishes of stucco work the number of rooms with ceilings of stucco work (provided that a room with cornishes and ceiling of such work shall be entered and rated in one column only as a room with a ceiling of such work) the number of square feet of each building lot, and shall carry out in a separate column the amount of the tax to be paid by each person and thereof shall at the time of such visit and inspection give notice to the occupier of each house by leaving a memorandum of such amount in writing with him or her or with one of his or her family or servants or affixing the same upon some public place within such house; and the said amount of the said tax so ascertained shall be payable in the City and County of New York in two equal parts the first moiety thereof on the First tuesday of October next and the second moiety thereof on the first tuesday of April following, and in the Counties of Richmond Columbia Albany and Montgomery in two equal parts the first moiety thereof on the first tuesday in December in each year and the second moiety thereof on the first tuesday of April in each year and in the Counties of Kings Queens Suffolk West Chester Dutchess Orange Ulster and Washington in one payment on the first tuesday of April in each year; and the Collectors of each town ward manor precinct and district shall on the said several days of payment respectively or within twenty days thereafter call at each of the said houses within their respective towns wards manors precincts and districts and demand the payment of the said tax; and in case of refusal of payment or if no proper person can be found of whom such demand may be made shall forthwith proceed, by distress and sale of the goods and chattels found upon the premises to levy the sums respectively due for the said tax, paying the overplus of such sale (if any there be after deducting the tax due and the costs of making such distress and sale) to the owner or owners of the goods distrained; and if such first distress upon sale of the goods distrained shall not prove sufficient to satisfy the said tax then a further distress shall be forthwith made and so on as often as may be necessary to satisfy the full amount of the said tax; and if there should be any rent in arrear upon any such house such distress or distresses to be made as aforesaid shall in no wise be affected thereby; but shall be good and effectual notwithstanding any claim of the landlord or owner for such rent; and if it should happen that no sufficient distress can be found upon the premises than the Collector or Collectors on whose lists respectively the name or names of the person or persons owing the said tax shall be borne shall and may have and are hereby required to bring an action of debt in his or their own [name] or names against the person or persons neglecting or refusing to pay the said tax for the recovery of the sum or sums due with costs of suit. And if any collector shall neglect to distrain within the time and in the manner hereinbefore directed upon the non payment of any part of this tax (except where no distress can be found) such collector shall be himself liable and chargeable with the amount of the tax due from the person or persons in respect to whom such neglect to distrain shall happen: The assessors of each city town ward manor precinct and district after having completed their respective lists of the said occupiers of the said houses and building lots and also of the owners or possessors of the said store houses Grist mills and Saw Mills and the descriptions thereof as aforesaid and also of the said possessors of lands and the quantities and kinds in their possession respectively and also of the persons having such carriages and male servants as aforesaid and of the taxes and duties thereupon shall forthwith deliver to the supervisor of such town ward manor precinct or district exact copies of such lists signed by them respectively: And the said supervisor shall from thence make out other copies for the treasurer of the County and deliver or transmit the same to him and shall also make out proper lists for the collector or collectors of the town ward manor precinct or district for the collection of the said taxes specifying the amount of the tax to be paid by each person and the respective times of payment; which lists signed by such supervisor shall be a sufficient warrant to such collector or collectors. And the collector or collectors of each town ward manor precinct or district shall within ten days after the respective times hereinbefore limited for the collection of the said tax account with and pay to the treasurer of the County the monies by him or them collected and received and also the amount of the monies for which he or they are respectively made liable in case of neglect to distrain as aforesaid; and at every such accounting shall return in writing the names of such persons as may not have fully paid together with the amount and cause of the deficiency in each case; and in every case in respect to the said tax on houses store houses mills and land in which such cause shall be any other than the want of a sufficient distress or that the same when made was cloined without his or their default such Collector or collectors shall respectively be charged with the deficiency.

   County treasurers to make a general return.

And be it further enacted by the authority aforesaid that the Assessors of each City town ward manor precinct & district shall at the time of their yearly visit and inspection of inhabited dwelling houses aforesaid visit and inspect the several store houses grist mills saw mills wharves and lumber yards within such city town ward manor precinct and district and shall ascertain the rent of such store houses if rented and if not rented shall estimate according to the best of their skill and judgment the true amount of what such store houses would and might be rented for; and shall also ascertain the number of grist and saw mills in the possession of each person and the number of runs of stones in such grist mills and the number of saws in such saw mills and the number of feet in front of each wharf; and shall together with the names of the owners or possessors of such store houses grist mills saw mills and lumber yards enter the number and descriptions thereof in the said book to be by them kept as aforesaid under proper heads in distinct columns and the amount of the tax thereupon; whereof a like memorandum in writing shall be delivered or left as is hereinbefore directed in respect to inhabited dwelling houses. And the said tax on the said several articles shall be payable in several Counties at the respective periods hereinbefore limited for the payment of the tax on inhabited dwelling houses and in the same proportions and shall be collected to all intents and purposes within the times and in the manner prescribed for the collection of the said tax last mentioned.
And the Collectors shall have the same powers and shall be chargeable and answerable in the same manner for any default or neglect in respect to the collection of the said tax on the said several articles as in respect to the collection of the said tax on inhabited dwelling houses; and shall account for the proceeds thereof to the respective County treasurers within the same times and in the same manner.
And be it further enacted by the authority aforesaid that the manager or managers director or directors of any play house or theatre shall render an account upon oath once in each calendar month to the treasurer of the County wherein such play houses and theatres shall be of the number of nights whereupon such exhibitions shall be had and shall pay the amount of the tax thereupon to such treasurer upon pain of forfieting one hundred pounds for every neglect or default to be recovered with Costs of suit in an action of debt in the name of the treasurer of the County wherein such play houses or theatres shall be one half to the use of the People and the other half to the use of such treasurer; whose duty it is hereby made to prosecute for the said penalty upon every such default.
And be it further enacted by the authority aforesaid that the said Assessors at their said yearly visit and inspection of inhabited dwelling houses shall inquire of the persons therein inhabiting touching the number of carriages and male servants liable to the duties aforesaid in the possession or service of such persons respectively and shall enter into the said book to be by them provided as aforesaid together with the names of such persons the number of each kind of such carriages and the number of such male servants in the possession or service of such persons respectively, and the amount of the duties thereupon; which shall be payable in the same proportions and at the same periods in the respective counties as the said tax upon inhabited dwelling houses: And it is hereby made the duty of the persons having such carriages and male servants at the time of the said yearly visit and inspection or within ten days thereafter to give to the Assessors who shall visit the houses in which they respectively dwell exact information of the carriages and servants subject to the duties aforesaid in their possession or service respectively on pain of forfieting for every neglect thereof treble the amount of the duty upon the carriages and servants whereof information shall not be given to the recov[er]ed with costs of suit in an action of debt founded upon this statute to be brought in the names of the assessors respectively who shall visit the houses in which such persons respectively shall dwell, one moiety to the use of the people of this state and the other moiety to the use of any person who shall give information thereof or to the use of the assessor in whose name the suit is brought when such neglect shall be discovered by himself; and if any person shall wilfully and with intent to evade the payment of the said duties conceal any carriage or male servant liable thereto such person shall forfeit for every male servant so concealed the sum of five pounds for every coach so concealed the sum of ten pounds for every other four wheeled carriage so concealed the sum of Eight pounds and for every two wheeled carriage so concealed the sum of five pounds to be recovered in like manner and to the like uses as the forfietures last aforesaid. And the said Assessors are hereby required upon discovery by themselves or information by others of such neglect or wilful concealment forthwith to commence and prosecute a suit or suits for the forfietures and penalties aforesaid. And the persons, having such carriages and servants, shall, on the said respective days of payment or within twenty days thereafter upon demand of them or at their respective dwelling places by the collectors respectively on whose lists they shall be respectively borne, pay to such collectors the amount of the said duties thereupon, upon pain of forfieting double the said amount for such neglect to be recovered with costs of suit in an action of debt to be brought in the name or names of such collectors respectively, one half thereof to the use of the people of this state and the other half thereof to the use of the collector who shall prosecute for the same.
And be it further enacted by the authority aforesaid that the mode of collecting the duties aforesaid upon licenses to keep inns and taverns and to sell therein the several kinds of liquors herein beforementioned and also to sell strong liquors by retail by others than the keepers of inns or taverns shall be as follows that is to say The Treasurer of the state shall cause such a number of licenses as he shall judge sufficient and in such form as he shall think proper with the necessary blanks therein to be printed at the expence of the state having a separate license for each case that is to say one form of license to keep an inn or tavern and to sell distilled spirituous liquors therein another form of license to sell therein liquors commonly called wines another form of license to sell therein imported malt liquors not distilled and another form of licence to retail strong liquors in other places than in inns or taverns; which said several kinds of licenses shall express that they are to continue in force for one year from the date and shall have an impression of the arms of this state in the margin of each and shall be signed at foot by the treasurer in his own hand writing: And the said treasurer is hereby directed to provide at the expence of the state a proper seal for making such impression to be kept by himself and his successors in office. And the said treasurer shall distribute the said licenses to the treasurers of the several counties in such proportions as he shall think necessary for the supply of each County, and shall debit each County treasurer in account for the number of licenses delivered to him and the amount of the duties thereupon. And the said County treasurers shall dispose of the said licenses to such discreet persons within their respective counties who can procure a certificate from the supervisor and two justices of the town manor precinct or district in which they reside that they are respectively of good moral character, and who will pay for the same on the delivery thereof. And to the end that persons, applying for such licenses may not have too far to travel to procure the same the said County treasurers respectively shall be obliged to employ at their own charge and risk one or more discreet persons at their option in each town manor precinct or district to dispose of the said licenses and to account with them for the proceeds thereof. And each person applying for such licenses before the receipt thereof shall be obliged to enter into a bond to the supervisor of the town manor precinct or district in which he lives with one or more sufficient sureties to be approved by such supervisor in the penal sum of Fifty pounds conditioned for the good behaviour of such person and that he or she will keep an orderly house and will not sell therein any liquors for the sale of which a license is necessary and for which he or she hath not a license. And every keeper of any inn or tavern shall be obliged to fix up in some public place in the bar room or other most public room of such inn or tavern a printed or written paper expressing what kinds of liquors of the descriptions aforesaid he or she hath license to sell, for neglect whereof he or she shall forfeit the sum of ten pounds—to be recovered with costs of suit in the name of any person who will sue for the same one moiety to the use of the people of this state and the other moiety to the use of such person. And the several county treasurers aforesaid shall render a yearly account at such periods as the treasurer of the state shall appoint of the disposition of the said licenses to them respectively committed and shall respectively pay to the said treasurer of the state the full amount of the duties for all such licenses to them respectively committed which they do not at such yearly accounting produce to the treasurer of the state undisposed of, deducting thereout six pence in the pound of all the monies by them respectively received on account of the said duties, for their care and trouble and in lieu of all salary and expences thereupon.
Provided always that the said duty shall not begin to take effect until the first Monday of March next. And provided further that in the Cities of New York, Albany & Hudson the said licenses shall be delivered to the respective Mayors of the said Cities to be by them disposed of, according to the direction of this act; and the said Mayors shall respectively be responsible therefore in like manner as the Treasurer of a County. And if any person or persons shall after the period aforesaid keep an inn or tavern without such license as aforesaid for that purpose such person or persons shall forfeit for keeping such inn or tavern the sum of five pounds and if any person or persons shall sell therein any distilled spirituous liquors without such license as aforesaid for that purpose such person or persons shall forfeit for every such sale the sum of ten pounds and if any person or persons shall sell in any Inn or tavern liquors comm⟨only⟩ called wines without such license as aforesaid for that purpose such person or persons shall forfeit for every such sale the sum of ten pounds and if any person or persons shall sell in an inn or tavern imported malt liquors not distilled without such license as aforesaid for that purpose such person or persons shall forfeit for every such sale the sum of ten pounds and if any person or persons shall sell in any other place than in an Inn or Tavern any strong liquors in any quantity less than five gallons without such license as aforesaid for that purpose such person or persons shall forfiet for every such sale the sum of ten pounds; which said several forfeitures shall be recoverable with costs of suit in an action or actions of debt one moiety thereof to the use of any person who will sue for the same and the other moiety to the use of the people of this state.
And be it further enacted by the authority aforesaid that the mode of collecting the said duty upon licenses to marry shall be as follows to Wit The Judge of the Court of Probates shall cause one thousand licenses at the least in each year and as many more as he shall find necessary to be printed at the expence of the state in such form as he shall judge proper with blanks therein for the names of the parties; which licenses shall be sealed with the seal of the said Court of Probates and shall be signed by the judge thereof for the time being and shall be by him distributed among the surrogates of the several counties to be by them disposed of to such persons as shall apply for the same paying therefore at the rate aforesaid. And the said Judge shall charge each surrogate in account with the number delivered to him and the amount of the duty thereupon and each surrogate shall account with the said Judge once in each year at such time as he shall prescribe for the licenses delivered to him and shall pay for all such as he shall not at the time of such accounting produce and return to the said Judge undisposed of. And the said Judge shall account for and pay to the treasurer of the state yearly the amount of the monies by him received for the said licenses deducting thereout for his trouble in the management thereof two shillings for each license so disposed of out of which he shall allow and pay to each surrogate six pence for each license by him disposed of and accounted for for his care and trouble therein.
And be it further enacted by the authority aforesaid that the mode of collection of the said tax upon lands shall be as follows to Wit The meadow arable and pasture land within each City town Manor precinct and district shall be distinguished into three classes that of the best quality in the first class to be rated at three pence per acre that of the middling and most common quality into the second class to be rated at two pence per acre and that of the worst quality into the third class to be rated at one pence per acre that is to say all above the middling and most common quality shall be rated in the first class and all below the middling and most common quality shall be rated in the third class. And The Assessors of each City town manor precinct and district shall at the time of the yearly visit and inspection of dwelling houses to be made as aforesaid examine the owners and possessors of lands touching the quantity of lands of the different kinds and qualities that is to say the quantity of meadow arable and pasture land of the several qualities aforesaid and the quantity of wood land except as before excepted in their respective possessions and shall enter in the said book to be by them kept as aforesaid together with the names of such Owners and possessors of lands in separate columns the quantity of the said several kinds of land in the possession of each person that is to say the quantity of meadow arable and pasture land of the first class in one column the quantity of arable meadow & pasture land of the second class in another column the quantity of arable meadow and pasture land of the third class in another column and the quantity of wood land except as before excepted in another column and in another column the amount of the tax thereupon; provided that it shall be at the discretion of such assessors to class the lands of each person according to the best of their information knowlege and judgment and in case any person and in case any owner or possessor of land should be absent at the time of such visit and inspection as aforesaid or should refuse to answer touching the quantity and several kinds of land in his or her possession then and in every such case it shall be lawful for the Assessors respectively and they are hereby required to estimate and enter in the book to be by them kept as aforesaid according to the best of their skill and understanding the quantity and several kinds of land in the possession of each person so being absent or refusing to answer. Provided that when the owner of any farm tract or parcel of land shall not reside within the town manor precinct or district in which such land shall be, his bailiff Agent or overseer having the care and custody of the land shall be examined and received to answer touching the same in his stead. And in case such assessors respectively shall not be satisfied with the account rendered them by any possessor or possessors of land but shall see reason to suspect that the same falls short of the quantity of meadow arable and pasture land really in his possession it shall be lawful for such assessors to order a survey of the premises and if it shall be found upon such survey that the real quantity exceeds the quantity alleged in the proportion of one acre in eight the expence of such survey shall be borne and paid by the possessor of the land but if there shall be no excess or if the excess shall fall short of that proportion then the expence of such survey shall be a county charge. And if any possessor of land shall with intent to defraud the public revenue wilfully conceal any part of the land in his possession he shall forfeit and pay for every acre of meadow arable and pasture land so concealed one shilling and for every hundred acres of wood land so concealed four shillings to be recovered with costs of suit in an action or actions of debt founded upon this statute to be brought in the name of any person who will sue for the same, one half to the use of the prosecutor and the other half to the use of the People of this state; which intent to defraud the revenue shall be tried by the jury charged with the cause upon the facts and circumstances of the case. And each
of New York Cities of Albany and Hudson six pence in the pound in the Counties of Richmond Kings Queens Suffolk and West Chester Eight pence in the pound and in the Counties of Orange Ulster Columbia Dutchess Albany Montgomery and Washington nine pence in the pound of all the monies by him collected and received.
And be it further enacted by the authority aforesaid that the Assessors of each town ward manor precinct and district respectively before they enter upon the execution of their respective offices shall take and subscribe an oath to be administered by any justice of the peace of the City or County whereof they are respectively Assessors in the form following I  do swear in the presence of Almighty God that I will faithfully honestly and diligently to the best of my skill and understanding execute the office of Assessor of  without favour or affection prejudice or malice to any person whomsoever; which first blank shall be filled with the name of such assessor and the last with the name of the place whereof he is assessor and the said Assessors shall be paid for their trouble in the execution of the duties assigned them by this act at the charge of the town manor precinct or district whereof they are respectively assessors according to such allowances as shall be made in that behalf by the respective supervisors to be raised in the same manner as the other contingent expences of the County.
And be it further enacted by the authority aforesaid that the Treasurers of the several counties shall as soon as may be after they have received the returns from the several districts make out a general return distinguished by districts of all the persons in the respective counties liable to the taxes and duties aforesaid specifying in proper and distinct columns the several articles and the descriptions thereof in the possession of each person and the amount of the said taxes and duties thereupon and it is hereby made the duty of the said County treasurers to superintend the Collectors in the execution of their respective offices and to call them to account for all defaults and neglects. And the said County treasurers shall be allowed for their care and trouble in and about the several matters committed to them by this act ten shillings out of every hundred pounds by them respectively received.
And be it further enacted by the authority aforesaid that if any person duly elected an assessor in any City town ward manor precinct or district shall refuse or decline serving in the said capacity of assessor for any other cause than bodily infirmity to be proved to the satisfaction of a jury; such person so refusing or declining to serve shall forfeit Fifty pounds to be recovered with costs of suit in an action of debt founded upon this statute to be brought in the name of the Supervisor of the City town manor precinct or district whereof he shall be so duly elected Assessor one moiety thereof to the use of such supervisor and the other moiety to the use of the People. And each Collector who shall be duly elected & who shall refuse or decline serving unless for the cause aforesaid shall forfeit fifty pounds to be recovered and applied in the same manner as the penalty aforesaid on Assessors subject nethertheless to the provisions hereinbefore made for admitting candidates with a smaller number of votes; and provided that the said penalty shall not be incurred until by virtue of the said provisions such collector ought to serve without giving security. Provided also that no person shall be obliged to serve in the offices of Assessor or collector for more than one year in the span of three yrs. And provided lastly that in case any Assessor or Collector shall neglect to execute any of the duties by this act required of him within the time for that purpose limited such Assessor or collector shall be liable to the penalties by this act prescribed or by any other law accruing for such neglect or disobedience; but the powers hereby vested in him shall not cease or be determined thereby but may be executed at any time afterwards.
And be it further enacted by the authority aforesaid that the Treasurer of the State shall do the duties of Treasurer of the City and County of New York and the Mayor Recorder and Alderman or the Majority of them, of whom the Mayor or Recorder always to be one, shall do the duties of and be considered as Supervisors of the City and County of New York.
And be it further enacted by the authority aforesaid that it shall be the duty of the Treasurer of the state and he is hereby required to superintend the assessment and colle⟨ction⟩ of the taxes and duties aforesaid and in order that there may be uniformity in the manner of proceeding the said treasurer shall as soon as may be after the passing of this act prepare a formula or model for the Assessors whereby to regulate the entries to be made in the book to be by them provided as aforesaid according to the directions of this act, and shall transmit a sufficient number of copies of the said formula to the supervisors of the several cities towns manors precincts and districts to be distributed among the assessors, to the end that each assessor may be furnished with one of the said copies for the regulation of his said entries. And the said treasurer shall from time to time give such instructions to the several officers employed in and about the assessment collection and receipt of the said taxes and duties conformably to this


Title: New York Assembly. Remarks on an Act for the Relief of Arthur Noble, [9 February 1787]
From: Hamilton, Alexander
To:

[New York, February 9, 1787]
The intention of this bill was to enable the commissioners of the land office to convey to Mr. Noble, two townships of ten miles square, at one shilling per acre, for the purpose of settling Irish emigrants.
On considering this bill by paragraphs, some conversation arose in which Gen. Malcom, Col. Hamilton, and Mr. Jones were the principal speakers.
Mr. Hamilton and Mr. Jones were both of opinion that there should be no limitation or stipulation in the bill; it was not within the province of the house to interfere at present, between Mr. Noble and those whom he might induce to come with him from Ireland. Mr. Noble had been naturalized, he could hold lands. The others were foreigners, were not known, and could not therefore make purchases. It might be proper hereafter to make a provision, but was not so now.
Mr. Hamilton observed that Mr. Noble was a gentleman of fortune, whose ambition was to improve a great waste tract of our country, and that he ought to have every encouragement the state could give.


Title: To Alexander Hamilton from Israel Beach, 13 February 1787
From: Beach, Israel
To: Hamilton, Alexander

Newark [New Jersey] February 13, 1787. Requests advice on the payment of certain bonds.


Title: New York Assembly. Remarks on Report Concerning Citizens of New York who Loaned Money in Hartford during the American Revolution, 13 February 1787
From: Hamilton, Alexander
To:

New York, February 13, 1787. Hamilton spoke on the report of a “committee on the petition of those citizens of this state who have loaned their money during the late war, in Hartford, praying this state to take those monies on loan, and put them on the footing of other citizens, who loaned their money at the continental loan-office in this state.” Hamilton, according to the newspaper account of his speech, “thought it a subject of some moment, therefore to gain time for examining into its merits, he moved that the report be postponed, which the house agreed to.”


Title: New York Assembly. Report on the Petition of William Edgar, 13 February 1787
From: Hamilton, Alexander
To:

New York, February 13, 1787. As chairman of a committee Hamilton on this date issued a report on “the petition of William Edgar, and others, proprietors of lands in the patent commonly called the Oneida purchase, praying leave to bring in a bill for the partition of the said tract of land.”


Title: New York Assembly. Remarks on an Act for Settling Intestate Estates, Proving Wills, and Granting Administrations, [14 February 1787]
From: Hamilton, Alexander
To:

[New York, February 14, 1787]
Mr. Hamilton said that he did not rise to oppose the motion of the gentleman who last spoke. He should probably vote with him on the question; but he confessed he did not view it in quite so clear a light as that gentleman appeared to do. There appeared to him to be difficulties in the case, which he would candidly lay before the house to assist its judgment. The objection is that a new court is erected, or an old one invested with a new jurisdiction, in which it is not bound to proceed according to the course of the common law. The question is what is meant in the constitution, by this phrase “the common law”? These words have in a legal view two senses, one more extensive, the other more strict. In their most extensive sense, they comprehend the constitution, of all those courts which were established by immemorial custom, such as the court of chancery, the ecclesiastical court, &c. though these courts proceed according to a peculiar law. In their more strict sense, they are confined to the course of proceedings in the courts of Westminster in England, or in the supreme court in this state. If the words are understood in the first sense, the bill under consideration is not unconstitutional; if in the last, it is unconstitutional. For it gives to an old court a new jurisdiction, in which it is not to proceed according to the course of the common law in this last sense. And to give new jurisdictions to old courts, not according to the course of the common law, is in my opinion as much an infringement in substance of this part of the constitution, as to erect new courts with such jurisdictions. To say the reverse, would be to evade the constitution.
But though I view it as a delicate and difficult question; yet I am inclined to think that the more extensive sense may be fairly adopted; with this limitation, that such new jurisdictions must proceed according to the course of those courts, having by the common law cognizance of the subject matter. They ought however, never to be extended to objects, which at common law, belonged to the jurisdiction of the courts at Westminster, and which in this state are of the peculiar cognizance of the supreme court.
At common law, the ecclesiastical courts, not the courts of Westminster, had cognizance of intestacies and testamentary causes. The bill proposes that the court of Probates shall have cognizance of the same causes, and proceed in the same manner as the ecclesiastical courts, except as to inflicting ecclesiastical penalties.
This distinction I have taken, will I am inclined to think, bear us out in passing the bill under consideration.
But it is certainly a point not without considerable difficulty.


Title: New York Assembly. Report on the Petition of Isaac Gouverneur, Junior, [14 February 1787]
From: Hamilton, Alexander
To:

[New York, February 14, 1787]
Mr. Hamilton, from the Committee to whom was referred the petition of Isaac Gouverneur, junior, praying a divorce, reported, that it is the opinion of the Committee, that some general provision ought to be made for granting relief in cases of Adultry; that the Committee have prepared the draft of a bill for that purpose, and have directed him to move for leave to bring in the same.
Ordered, That leave be given accordingly.
Mr. Hamilton, according to leave brought in the said bill entitled, An act directing a mode of Trial, and allowing of Divorces in cases of Adultry; which was read the first time, and ordered a second reading.