in manifest contravention of the articles of Union."* With this intent, in the plan of a Constitution he submit. ted to the Convention, an appellate jurisdiction was given to a Supreme Court, in all cases, with a few specified exceptions," in which the fundamental rights of the Constitution are involved."

It has been seen, that in the resolutions of Virginia, submitted to the Federal Convention, jurisdiction was proposed to be conferred on the judiciary over all “questions, which might involve the National peace and harmony." That this was not intended to mean a final expounding power, in all cases arising under the Constitution, is shown by the fact, that Madison advocated in the Convention, the limitation of the Judicial power to "judiciary cases," declaring, that the "right of expounding the Constitution in cases, not of this nature, ought not to be given to that department."+

Thus, this high conservative provision, which ultimately became a part of the Constitution-a provision absolutely necessary to the supremacy of the National Government, and to the reserved rights of the States and of the People; it was Hamilton's distinction to have originated.

From this commanding fact, from the elevated position he held at the bar, from the extensive reputation he had acquired by his discussion of Constitutional principles, both in the Federal and State Conventions, and as an author of the Federalist, it was supposed he might have preferred to be at the head of the National Judiciary; and plans for its organization were submitted to his consideration.

Among these, one proposed, that the Superior State

*Federalist, No. 80.

Madison's Debates, 1438.

Courts should be embraced in the National system, by delegating to them powers similar to those to be confided to the Inferior Courts of the United States. Hamilton construed the clause of the Constitution, which gave Congress the power to institute Tribunals, inferior to the Supreme Court, as conferring a power, either, to institute new courts, or to authorize it to delegate to the State courts, cognizance of cases arising under the Constitution. He went farther, and, carrying out his large principles, declared, as his opinion, that in every case in which the State Courts were not expressly excluded by the future acts of the National Legislature, they will, of course, take cognizance of the causes to which those acts may give birth.

Madison took a different view. He contended, that to make the State Courts Federal Courts, would be, "to violate the Constitution, by usurping a prerogative of the Supreme Court of the United States, thus making appointments, which are expressly vested in that department, not by nomination, but by description." *

In the mode of exercising the power of instituting Inferior Courts, Hamilton's suggestion was adopted. He had remarked in the Federalist,† "I am not sure, but that it will be found highly expedient and useful, to divide the United States into four or five, or a half-a-dozen districts, and to institute a Federal Court in each district, in lieu of one in every State." The Senate bill established three great Circuits, each having a Circuit court, to consist of two Judges of the Supreme Court and a District Judge, to be held annually. From these courts an appeal was

Yet, March 8, 1806, while he was at the head of the Cabinet, certain adjacent county courts, were authorized to take cognizance of the revenue laws in adjacent revenue districts.

† No. 81.

authorized to the Supreme Court, which was to be composed of a Chief Justice and five associate Judges.

The great difficulty that attended the organization of a National Judiciary, arose out of the complex nature of the Federal Government, which Hamilton, in his plan of a Constitution, had endeavored to overcome-the difficulty of establishing an effective, peaceful jurisdiction over the States.

In the Judiciary act* this end was sought, by defining the mode of revising the decisions of the highest State courts, in certain specified cases, by giving to the Supreme Court of the United States, the power of proceeding to a final decision, and of awarding execution. This was felt by Hamilton to be inadequate to its purpose, and he had, in contemplation, an amendment of the Constitution, which would have created an immediate, necessary, indissoluble connection between the State and Federal Judicatories.

In framing this Act, "Strong, Ellsworth and Paterson, had their full share of the merit." Ames, p. 64.

CHAPTER LVII.

SOON after the adoption of the Constitution by the State of New York, though Hamilton frequently took his seat in the Congress of the Confederation, and, as has been seen, had a principal share in the measures preliminary to the organization of the Government, he resumed his professional labors.

These, after the meeting of the new Congress, were much interrupted. His residence was near the seat of its deliberations, and it was daily frequented by many of the leading members, with whom he held conferences on the interesting subjects of their deliberations.*

Immediately after the President's arrival at the seat of Government, his interviews with Hamilton were frequent, consulting him as to the preliminary questions which would naturally arise, having early announced to him, his intention to place him at the head of the Fiscal Department, the most important and responsible place in the Cabinet.†

* "I remember," said a lady yet alive, "how Hamilton and Madison would talk together in the summer, and then turn, and laugh, and play with a monkey that was climbing in a neighbor's yard."

"Washington, immediately after becoming President, and before Congress had passed a single act, called on Hamilton, and told him it was his intention to nominate him to the charge of the financial department of the

He is represented to have made this selection, in consequence of a conversation held by him with Robert Morris, the late Superintendent of Finance.* Addressing himself to that individual, to whose services during the War, Washington had been much indebted, he inquired, "What are we to do with this heavy debt?" "There is but one man in the United States," Morris replied, "who can tell you; that is, Alexander Hamilton. I am glad you have given me this opportunity to declare to you, the extent of the obligations I am under to him."†

It appears, that this station had attracted the eye of

Government, as soon as that department should be organized. He called on me, the next day, and asked me if I would consent to wind up his law business, provided his appointment should take place. I remonstrated with him; he admitted, that his acceptance of it would be likely to injure his family, but said, there was a strong impression on his mind, that in the financial department, he could essentially promote the welfare of the country; and this impression, united with Washington's request, forbade his refusal of the appointment." Letter of Robert Troup.

By the authority of Bishop White, the brother-in-law of Morris.

+ "The President's opinion of Mr. Jay's ability, and disposition to serve his country, induced him to ask his acceptance of any office he might prefer.”—Life of Jay, i. 274. Not only from the facts previously stated, but from its inconsistency with Washington's character, this statement is believed to be erroneous. As to the Financial department, he would naturally have applied to Robert Morris. Jay had never shown any fitness for such a piace. He could not have offered him the War department, as that must have involved the withdrawal of Knox, a tried soldier, his personal friend, to make room for a civilian. Had Jay been inclined to remain in the State Department, he, doubtless would have been gratified. But this, considerations of policy did not favor. The Southern States, whose hostility to Jay, growing out of his independent conduct as to the Mississippi question, was so recent, were to be soothed, not offended.-Jay's Life, i. 237. Nor could it have been wise, to have filled all the great departments, with persons selected from New England and New York. Marshall states more correctly:-"The President was highly gratified, in believing, that his public duty comported with his private inclinations, in nominating General Knox to the office which had been conferred upon him by the former Government."