Page:The Supreme Court in United States History vol 1.djvu/174

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148
THE SUPREME COURT


Court on fvU argument would have, and perhaps by the circulation of his pamphlet in the meantime to in- dispose the people of Virginia to paying the next annual duty on their carriages/* ^ The argument was made by Charles Lee, Bradford's successor as Attorney- General, and by Hamilton as special counsel for the Government, and by Alexander Campbell of Virginia and Jared IngersoU of Pennsylvania for Hylton. Hamilton's appearance before the Court for the first time (his retirement from the post of Secretary of the Treasury having only recently taken place) was the object of much public interest. "Mr. Hamilton spoke in our Court, attended by the most crowded audience I ever saw there, both Houses of Congress being almost deserted on the occasion," wrote Judge Iredell.

    • Though he was in ill health, he spoke with astonishing

ability, and in a most pleasing manner, and was listened to with the profoundest attention." A contemporary newspaper account stated that " the whole of his argu- ment was clear, impressive and classical. The audience, which was very numerous and among whom were many foreigners of distinction and many of the Members of Congress, testified the eflFect produced by the talents of this great orator and statesman." On the other hand, Madison in writing to Jefferson made a slight- ing comment upon Hamilton's argument : "The Court has not given judgment yet on the carriage tax. It is said the Judges will be unanimous for its constitution-

^ The Intimaie Life of Alexander Hamilton (1911), by Allan McLane Hamilton* letter of Bradford to Hamilton, Aug. 4, 1795 ; see Hamilton Paper* MS8 for the letter in full, and for letter of Wolcott to Hamilton, Jan. 15, 1796, requesting his attendance at the coming argument of the case. See also Am^. State Papert, Miac,, I, 898, in which in a report of the Secretary of the Treasury to Congress, March 24, 1804, it is said as to this case: "In order to obtain a final decision on that question, a case was agreed with the defendant in the Circuit Court, on which an appeal was made to the Supreme Court. The condition of that agreement was that the United States should pay all the expenses incident to the appeal." Campbell and IngersoU were paid $288.88 each and Hamilton $500.