Hamilton’s Office

Part III: The Critical Period

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After the war, 60,000 Loyalists fled — the wealthiest and most zealous, those who fought or had their property confiscated. But a far larger number remained, maybe 450,000. Their story is virtually unknown. Here at one of the law offices used by Alexander Hamilton, we consider their part. Many of the Loyalists who stayed were non-elite figures. Like many of the British and the Patriots, they were often Whigs. But for a variety of reasons they never wanted to separate from England. And yet they became perhaps crucial members of the Founding during the Critical Period, when the political lines that had divided Americans over the last generation quickly changed.

  • Every state had to decide what to do with this large group, from Massachusetts, where they numbered in single digits, to New York, where they made up perhaps a third of the state. The first impulse was revenge. Pamphlets and broadsides swore retribution, while committees gathered lists of supposed war-crimes, including the everyday acts of vigilantism which had scarred the population for nearly twenty years. Exacerbating this common feature of wars and revolutions was another economic depression, perhaps larger than that of the 1930s, occasioned by the end of British trade. During these years, radicals like the Sons of Liberty also re-emerged, demanding a much larger swath of political freedoms than leaders of the Revolution had ever advocated: an end to property qualifications to voting, popular election of local officials, increased access to public education, and general abolition of aristocratic privilege. While some encouraged this populist energy, others sought to restrain it. Hamilton became their champion.

    The young Wall Street lawyer rose to prominence defending Loyalists from confiscation and fiercely opposing the demands of sailors and mechanics for such things as wage and price controls. Hamilton rallied elite New Yorkers on all sides into a new ruling coalition that soon quelled the revolt. But as he explained in court and in two pamphlets which had national reach, it was also simply impossible to define what had constituted a treasonous act, much less belief, without doing violence to any respectable legal norm. The Revolution featured so much allegiance-switching, trading with the enemy, and forced opinion that any retribution would have been morally, politically, and economically disastrous. In part for this reason, legislatures began to repeal the laws punishing and disenfranchising Loyalists, following New York’s lead, which had the greatest number of Loyalists and the harshest codes.

    While there is no clear evidence of strategy, the “Federalists” who emerged in this period later recalled that Loyalists were crucial allies in the political battles of the Founding. With the economic downturn, radicals had swept the nation’s first elections, with most states passing tax and debt relief. In Massachusetts, veterans of the Revolution led a march to stop courts from issuing evictions and throwing debtors into peonage. These events caused great panic among most elites, leading Federalists to propose a new constitution, nationalizing the war debt and greatly empowering the national government, entrenching “checks and balances” on legislative power.

    Hamilton played another major role in this much closer struggle, writing most of the essays that later became known as “The Federalist Papers” — circulated steps from his office by the even larger number of printers now at Hanover Square, the first US media capital.

    Hamilton and other leaders in the city would outmaneuver the anti-Federalist majority at New York’s ratifying convention, as Federalists did in many states. But these forgotten founders made one last giant contribution, drafting a Bill of Rights that James Madison was forced to largely enshrine in the Constitution.

Although the building is no longer there, Hamilton practiced law here at his office and home, 57 Wall Street, before moving to 69 Stone Street and then later to Exchange Place. There are no historic plaques at these sites, but you can visit his country estate (“The Grange”) at 141st Street, and see where he agreed to displace New York as the first capital, at Thomas Jefferson’s home, nearby at 57 Maiden Lane.

Elizabeth Rutgers

During the occupation, a widow named Elizabeth Rutgers was forced to abandon the brewery she ran with her sons — a complex next to Golden Hill covering two whole blocks (from William St. to Pearl St. and Maiden Lane to John St.) — one of the most notable features in the East Ward.

She returned after the British evacuated, demanding back-rent from Joshua Waddington, an Englishman who seized her tavern during the war. In early 1784, she initiated a lawsuit under the Trespass Act, part of a “Loyalist code” enacted to punish those who had supported the old government. Every state passed similar laws during the Critical Period, but New York had the harshest, as the headquarters of Loyalism.

Watching an exodus result, prominent rebels like Alexander Hamilton worried that every rich family in the city was carrying “eight or ten thousand guineas” off to places like Canada. Although it was very unpopular and made his work far harder, Hamilton represented Waddington and rested his defense on the political fragility of the new republic — hoping to establish a public brief for absolving the Loyalists, real or imagined.

Rutgers lost, even though she came from a wealthy family (her brother-in-law also Leonard Lispenard, who represented New York in the rebel Congress and personally hosted Gen. Washington before the invasion of 1776).

  • This important but largely forgotten episode of Hamilton’s life proved highly influential, helping to overturn legislation punishing Loyalists or restricting them from civil life and reversing the legislative direction of the Critical Period — while bringing the enormous Loyalist population into the Founding. It proved very lucrative for the young Wall Street lawyer, too, making him a fortune in similar cases, and perhaps New York’s top barrister for a time. Well-propertied families began streaming into the city by the thousands, speeding its rise to the commercial capital Hamilton always believed it should become. Months after defeating Rutgers, Hamilton joined Waddington in co-founding the Bank of New York, which became one of the most powerful financial institutions in history.

Historian Brett Palfreyman discusses the reintegration of the Loyalists