sold Alexander Hamilton’s Guiding Principal Is Justice

In 1791, Hezekiah Usher and his brother George were Captain and Mate of a vessel belonging to the state of Rhode Island. This was an era when smuggling to avoid payment of tariffs on imported goods was commonplace, and the Ushers tried to take advantage of their positions to use their ship for that purpose. However, their actions were uncovered, and they were indicted for violation of the revenue laws and intention to defraud the United States Treasury. Prosecuting the case was William Channing, U.S. Attorney for the District of Rhode Island, and monitoring the case in Philadelphia was Hamilton, who was himself a noted attorney and was then serving as Secretary of the Treasury. His handling of the case shows both Hamilton the lawyer and Hamilton the Treasury Secretary, balancing the need to collect revenue for the fledgling U.S. Government with his inherent sense of justice. 

Usher’s attorney felt he needed more time to prepare his clients’ defense and sought a continuance to present facts that would illustrate their innocence. The matter came to Hamilton’s desk, and one would think he would have refused any delay. However, he was deeply attached to the concept of justice, once famously saying, “It will always be dangerous that the decision will be regulated more by a comparison of strength of the parties, rather than the demonstration of innocence or guilt.” So instead, he wrote Channing asking him to permit the continuance for this purpose, and in doing so provided an important statement of his guiding principals.

Letter Signed, Treasury Department, Philadelphia, November 23, 1791, to Channing. “It has been represented to me that some testimony concerning material facts relative to the conduct of Captain Hezekiah Usher was omitted to be adduced by him on the examination transmitted to me from the District Court, at it is desired that he may have an opportunity to petition the said Court in regard to the penalty for which process has since been separately issued against him. As it is my wish to give every facility to the demonstration of innocence, I request that you will not oppose any motion of Captain Usher’s counsel for a continuance of the action now pending in the Circuit Court to another term.”

The Ushers were ultimately convicted, but Hamilton followed the case and felt that justice required a less harsh penalty than the law imposed. So in 1793 he submitted papers about the case to President Washington, expressing concern about the large fine the men were required to pay and seeking to promote justice by finding a way to stop it. On March 14, 1793, Washington replied to Hamilton that if Hamilton believed the men had suffered sufficient financial lose to atone for their actions, he would ask the Attorney General for a way to remit the penalty. In June he issued pardons to the Ushers. No letter we have ever carried so clearly illuminates the character of Alexander Hamilton.