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allis; and on the surrender of this general,--feeling that the war was virtually ended,--he withdrew altogether from the army, and began the study of law at Albany. He had already married the daughter of General Schuyler, and thus formed an alliance with a powerful family. After six months of study he was admitted to the Bar, and soon removed to New York, which then contained but twenty-five thousand inhabitants. His legal career was opened, like that of Cicero and Erskine, by a difficult case which attracted great attention and brought him into notice. In this case he rendered a political service as well as earned a legal fame. An action was brought by a poor woman, impoverished by the war, against a wealthy British merchant, to recover damages for the use of a house he enjoyed when the city was occupied by the enemy. The action was founded on a recent statute of the State of New York, which authorized proceedings for trespass by persons who had been driven from their homes by the invasion of the British. The plaintiff therefore had the laws of New York on her side, as well as popular sympathies; and her claim was ably supported by the attorney-general. But it involved a grave constitutional question, and conflicted with the articles of peace which the Confederation had made with England; for in the treaty with Great Britain an amnesty had been agreed to for all acts done during the war by military orders. The interests of the plaintiff were overlooked in the great question whether the authority of Congress and the law of nations, or the law of a State legislature, should have the ascendency. In other words, Congress and the State of New York were in conflict as to which should be paramount,--the law of Congress, or the law of a sovereign State,--in a matter which affected a national treaty. If the treaty were violated, new complications would arise with England, and the authority of Congress be treated with contempt. Hamilton grappled with the subject in the most comprehensive manner,--like a statesman rather than a lawyer,--made a magnificent argument in favor of the general government, and gained his case; although it would seem that natural justice was in favor of the poor woman, deprived of the use of her house by a wealthy alien, during the war. He rendered a service to centralized authority, to the power of Congress. It was the incipient contest between Federal and State authority. It was enlightened reason and
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