Andrew Hamilton

Andrew Hamilton
18th Speaker of the Pennsylvania House of Representatives
In office 1729 – 1732, 1734 – 1738
Born	c. 1676 Scotland
Died	August 4, 1741 Philadelphia, Pennsylvania
Profession	Lawyer
Signature

Andrew Hamilton (c. 1676 – August 4, 1741) was a Scottish lawyer in Colonial America, best known for his legal victory on behalf of printer and newspaper publisher John Peter Zenger. This 1735 decision helped to establish that truth is a defense to an accusation of libel. His eloquent defense was concluded with the notion that the press has "a liberty both of exposing and opposing tyrannical power by speaking and writing truth." His success in this case has been said to have given rise to the expression "Philadelphia lawyer", in the sense of a particularly adept and clever attorney, as in "It would take a Philadelphia lawyer to get him off."^[1][2]

Emigration to Virginia

His parentage and career in the Old World he seems to have kept secret, as well as his real name. At one time he was called Trent, nor is it known exactly at what date he began to use the name of Hamilton. In his address to the Pennsylvania assembly in 1739 he speaks of “liberty, the love of which as it first drew me to, so it constantly prevailed on me to reside in this Province, tho' to the manifest prejudice of my fortune.” Probably Hamilton was his real name, but for private reasons he saw fit to discard it for a time. About 1697 he came to Accomac County, Virginia, where he obtained employment as steward of a plantation, and for a time kept a classical school. His marriage, while steward, with the widow of the owner of the estate is said to have brought him influential connections, and he began the practice of the law.^[3]

Move to Philadelphia

At some point previous to 1716, Hamilton moved to Philadelphia. In 1717, he was made attorney-general of Pennsylvania. In March, 1721, he was called to the provincial council, and accepted on condition that his duties should not interfere with his practice. He resigned the office in 1724, and in 1727 was appointed prothonotary of the supreme court and recorder of Philadelphia. He was elected to the Pennsylvania House of Representatives from Bucks County in the same year, chosen speaker in 1729, and re-elected annually until his retirement in 1739, with the exception of a single year.^[3][4]

Independence Hall

Hamilton, in company with his son-in-law, Allen, purchased the ground now comprised within Independence Square, whereon to erect “a suitable building” to be used as a legislative hall. Prior to 1729, the assembly met in a private residence. The statehouse, afterward Independence Hall, was not completed until subsequent to Hamilton's death, the conveyance to the province being made by his son.^[3]

Zenger case

The crowning glory of Hamilton's professional career was his defence of John Peter Zenger in 1735, which he undertook pro bono. Zenger was a printer in New York City. In his newspaper, he had asserted that judges were arbitrarily displaced; and new courts were erected, without consent of the legislature, by which trials by jury were taken away when a governor was so disposed. The attorney-general charged him with libel, and Zenger's lawyers, on objecting to the legality of the judge's commissions, were stricken from the list of attorneys. Fearing that the advocate, who had subsequently been appointed by the court, might be overawed by the bench, at the head of which was Chief-Justice De Lancey, a member of the governor's council, Hamilton voluntarily went to New York, and appeared in the case. He admitted the printing and publishing of the article, but advanced the doctrine, novel at that time, that the truth of the facts in the alleged libel could be set up as a defense, and that in this proceeding the jury were judges of both the law and the facts. The offer of evidence to prove the truth of Zenger's statements was rejected, but Hamilton then appealed to the jury to say from the evidence that they had met with in their daily lives that the contents of the defendant's article were not false. His eloquence secured a verdict of “not guilty.”^[3]

The people of New York and the other colonies hailed the verdict with delight, since it insured free discussion of the conduct of public men. Governor Morris referred to Hamilton as “the day-star of the American Revolution,” and the common council of New York passed a resolution thanking him for his services, and presented him with the freedom of the city.^[3] In addition, a group of prominent residents contributed to the production of a 5½-ounce gold box that was presented to Hamilton as a lasting mark of their gratitude to him.^[5] His fame spread to England, an account of the trial passing through four editions there within three months.^[3]

Lancaster County, PA, founders

Hamilton and his son James were among the founders of Lancaster, which became the fourth county in the province of Pennsylvania in 1729.^[4] The community was located on a 500-acre (2 km²) tract owned by Hamilton, on which he laid out Lancaster Townstead around 1730. By 1734, James, now proprietor of Lancaster town, won a seat in the Assembly and became the political leader of the county, and in 1742, secured the original charter of government, which gave the settlement the status of borough (this charter can be found today in the city clerk’s office).

Later life

Hamilton was for many years a trustee of the general loan-office, the province's agency for issuing paper money, and in 1737 was appointed judge of the vice-admiralty court, the only office he held at the time of his death.^[3] He died in Philadelphia, where he was buried at Christ Church.^[6]

Legacy

The Hamilton Watch Company was named after Andrew Hamilton, original owner of the site of Lancaster.

Honors

In World War II the United States liberty ship SS Andrew Hamilton was named in his honor.

References and Notes

External links

• Article at Philadelphia Reflections
• Article at Encyclopedia.com
• Andrew Hamilton (lawyer) at Find a Grave

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