New-York, April 3, 1788.
I have been very delinquent, my dear sir, in not thanking you for your
letter from Philadelphia. The remarks you made on a certain subject are
important, and will be attended to.
There is truly much embarrassment in the case.
I think, however, the principles we have talked of, are not only just,
but will apply to the other departments. Nor will the consequences
appear so disagreeable as they may seem at first sight, when we attend
to the true import of the rule established. The States _retain_ all
the authorities they were before possessed of, not alienated in the
three modes pointed out; but this does not include cases which are
the creatures of the new Constitution. For instance, the crime of
treason against the United States _immediately_ is a crime known only
to the new Constitution. There of course _was_ no power in the State
constitutions to pardon that crime. There will therefore be none under
the new, &c. This is something like, it seems to me, to afford the
best solution of the difficulty. I send you the Federalist from the
beginning to the conclusion of the commentary on the Executive Branch.
If our suspicions of the author be right, he must be too much engaged
to make a rapid progress in what remains. The Court of Chancery and a
Circuit Court are now sitting.
We are told that your election has succeeded, with which we all
felicitate ourselves. I will thank you for an account of the result
generally. In this State our prospects are much as you left them. A
moot point which side will prevail. Our friends to the northward are
active.
I remain,
Your affectionate obedient servant,
A. Hamilton.