Beschreibung:

HAMILTON, Alexander. Autograph letter signed ("A Hamilton), to an unidentified judge, New York, 15 July 1800. 1 page, oblong small 4to, browned, verso with tape repairs at folds, stained. THE ROLE OF THE PARTISAN PRESS IN THE ELECTION OF 1800: HAMILTON CONSIDERS A SLANDER ACTION AGAINST AN ANTI-FEDERALIST NEWSPAPER A CONFIDENTIAL PERSONAL LETTER, WRITTEN IN THE CRUCIAL MONTHS LEADING UP TO THE ELECTION OF 1800, IN WHICH HAMILTON SEEKS ADVICE ON WHETHER TO BRING A SLANDER ACTION AGAINST PUBLISHER BENJAMIN FRANKLIN BACHE, EDITOR WILLIAM DUANE AND THE NOTORIOUS REPUBLICAN NEWSPAPER THE AURORA . HAMILTON, WHO AT THIS DATE HELD NO OFFICIAL GOVERNMENT POST, TAKES AN AGGRESSIVE TONE: "THE PLAN ADOPTED IN THE AURORA FOR EXERTING DISTRUST AS TO THE MANAGEMENT OF OUR MONEY CONCERNS APPEARS TO ME TO REQUIRE ABSOLUTELY SOME CHECK. I AM THINKING SERIOUSLY OF AN ACTION OF SLANDER AGAINST HIM [BACHE OR DUANE]. BUT I WISH TO KNOW BEFORE I DECIDE WHETHER IN THIS ACTION A STRUCK JURY MAY BE HAD [A JURY FORMED FROM 48 MEMBERS, FROM WHICH EACH PARTY AT LITIGATION STRIKES OFF OBJECTIONABLE MEMBERS UNTIL A FINAL JURY OF 12 IS LEFT] AND WHETHER THE PRESENT CLERK OR PROTHONATARY OF YOUR COURT IS TO BE RELIED UPON FOR FURNISHING A LIST OF A RESPECTABLE AND IMPARTIAL JURY--AND UPON WHICH TRUTH WOULD MAKE ITS DUE IMPRESSION." HAMILTON CAUTIONS: "YOU WILL OF COURSE KEEP THIS INFORMATION A SECRET." ORGANIZED OPPOSITION TO THE FEDERALISTS AND THEIR POLICIES BEGAN AS EARLY AS 1794, WHEN, UNDER THE DISCREET LEADERSHIP OF THOMAS JEFFERSON INFORMAL POLITICAL CLUBS BEGAN TO VOICE CRITICISM OF FEDERALIST POLICY IN DELIBERATELY PARTISAN NEWSPAPERS. THE AURORA , PUBLISHED IN PHILADELPHIA, RAPIDLY BECAME THE MOST VOCAL OF THESE HIGHLY POLITICIZED NEWSPAPERS. IN 1798, DURING THE PRESIDENCY OF JOHN ADAMS IN AN EFFORT TO SUPPRESS WHAT WERE CONSIDERED TREASONOUS VERBAL AND PRINTED ASSAULTS UPON THE PRESIDENT, THE SEDITION ACT WAS ENACTED, WHICH IMPOSED FINES AND UP TO TWO YEARS IMPRISONMENT FOR THE PUBLICATION OF FALSE OR MALICIOUS WRITING AGAINST THE NATION OR ITS OFFICIALS (A MEASURE REOUNDLY DENOUCED BY JEFFERSON, MADISON AND OTHERS AS A VIOLATION OF FIRST AMENDMENT RIGHTS). HAMILTON, ALTHOUGH HE HELD THE RANK OF MAJOR GENERAL, WAS NOT COVERED BY THE SEDITION ACT, AND WOULD ONLY HAVE HAD RECOURSE TO A CIVIL ACTION FOR SLANDER AGAINST THE AURORA . HAMILTON CONTINUED TO PONDER LEGAL ACTION, WRITING TO SECRETARY OF THE TREASURY OLIVER WOLCOTT (1760-1833), WHO REMAINED HAMILTON'S MAIN CONNECTION TO THE ADMINISTRATION, ON AUGUST 3: "YOU HAVE DOUBTLESS SEEN THE AURORA PUBLICATION OF TREASURY DOCUMENTS IN WHICH MY NAME IS CONNECTED...I HAVE THOUGHT OF INSTITUTING AN ACTION OF SLANDER...WHAT DO YOU THINK OF THIS? YOU SEE I AM IN A VERY BELLIGERANT HUMOR" ( PAPERS OF ALEXANDER HAMILTON , XXV, PP. 54-55). UPON CONSIDERATION, WOLCOTT COUNSELED RESTRAINT, WRITING, "WE MAY REGRET BUT WE CANNOT PREVENT THE MISCHIEFS WHICH THESE FALSEHOODS PRODUCE...[W]E MAY AS WELL ATTEMPT TO ARREST THE PROGRESS OF FIRE IN A MESS OF GUN POWDER AS TO SUPPRESS THESE CALUMNIES" ( PAPERS , XXV, PP. 104, 108). THE AURORA CONTINUED ITS VITRIOLIC ATTACKS UPON HAMILTON, ADAMS AND THE FEDRALISTS AS THE CRITICAL 1800 ELECTION--IN WHICH HAMILTON WAS DESTINED TO PLAY A CENTRAL, BEHIND-THE-SCENES ROLE--APPROACHED.