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Subject Area: Political Theory
Topic: The American Revolution and Constitution

to timothy pickering - Alexander Hamilton, The Works of Alexander Hamilton, (Federal Edition), vol. 10 [1774]

Edition used:

The Works of Alexander Hamilton, ed. Henry Cabot Lodge (Federal Edition) (New York: G.P. Putnam’s Sons, 1904). In 12 vols. Vol. 10.

Part of: The Works of Alexander Hamilton, (Federal Edition), 12 vols.

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to timothy pickering

Dear Sir:

I communicated your letter to Mr. Jay, and now give you our joint sense.

Considering the nature of the transaction and what must necessarily have been presumed to be the intent, and that the authority is on a public subject, and between two nations, we think that a decision by two out of three commissioners must be sufficient.

We know nothing but an immediate personal interest in property which may be affected by the decision, that can be a conclusive objection to the person nominated—but this interest must be known, not suspected. The rest must be matter of negotiation. In point of property, neither government ought to name a person liable from local situation to the suspicion of particular interest or bias. But one cannot formally object to the nomination of the other on this general ground.

Declarations like those ascribed to Mr. Barkely, if well authenticated and unequivocal, importing clearly that he thought himself at liberty to gain advantages, and bound not to act impartially, would justify the government in stopping, and representing the matter to the British Government. But we ought to act with great caution not to give occasion to impute to us a spirit of procrastination or subterfuge. ’T is so much more important that the dispute should be settled than how it is settled (at least according to my idea of the object); that we should by no means seek for difficulties, but rather facilitate than impede.1

[1]Now first printed from the Pickering papers in the possession of the Massachusetts Historical Society.