Peter J. Hamilton
Encyclopedia
Peter Joseph Hamilton was an Alabama
lawyer
and historian
who also served as Judge
of the United States District Court for the District of Puerto Rico
from 1913 to 1921.
Hamilton was born in Mobile, Alabama
. He studied at Princeton University
and the University of Leipzig
before obtaining advanced law degrees at the University of Alabama
. Hamilton's books during his Alabama years included Colonial Mobile: An Historical Study (1897), Early Southern Institutions (1898), The Colonization of the South (1904), The Reconstruction Period (1910), and Mobile of the Five Flags (1913). He also practiced law and was involved in codifying the city ordinances of Mobile.
Hamilton, a Democrat
, was appointed as the federal judge for Puerto Rico
in 1913 by President
Woodrow Wilson
, who was his classmate at Princeton University. (Hamilton actually was first nominated by outgoing President William Howard Taft
, but it appears that this was a courtesy nomination on Wilson's behalf.)
Hamilton served two four-year terms as District Judge in Puerto Rico, obtaining reappointment from President Wilson in 1917. Throughout his tenure, Hamilton was a strong proponent of bringing Puerto Rico under greater influence by the United States
, and supported increased use of the English language
in Puerto Rico. At one point, questions were raised concerning Hamilton's personal finances and any effect they might be having on his judicial service. The matter was the subject of an investigation by the Justice Department
, but the allegations were not sustained.
Hamilton tried to enhance the public reputation of his court and improved the court's administration, keeping more current with the docket than had his predecessors. Issues addressed during his time on the bench included the political status
of Puerto Rico, issues relating to citizenship
, and a variety of commercial and criminal cases.
At times, Hamilton had tense relations with a fellow Wilson appointee, Governor of Puerto Rico
Arthur Yager
. Hamilton and the federal court in Puerto Rico were unpopular with some segments of the Bar in Puerto Rico, and there was a series of attempts to induce the United States Congress
to abolish the federal court, which were unsuccessful. On the other hand, efforts by Hamilton to obtain life tenure for judges of the federal court in Puerto Rico, as is required for Article III
federal courts, were also unsuccessful (that step was not ultimately taken until 1966).
In 1921, President Warren G. Harding
, a Republican
, declined to reappoint Hamilton to a third term. He was succeeded by Arthur Odlin.
Hamilton remained in Puerto Rico for several years. In addition to practicing law, in 1922 he published Origin and Growth of the Common Law in England and America. He also wrote a series of articles for the Harvard Law Review
comparing the common law
and civil law
systems, as well as an article on Puerto Rican folklore
. He died in 1927.
There is no full-length biography of Hamilton, but he is the subject of published articles by his daughter, Rachel Duke Hamilton, and by Puerto Rican
historian Carmelo Delgado Cintron. There is also no archival collection of Hamilton's papers, but some of his correspondence can be found in the manuscript collections of contemporary Alabama and Puerto Rico political figures.
The Peter Joe Hamilton Elementary School
in Chickasaw, Alabama
is named after Hamilton.
Alabama
Alabama is a state located in the southeastern region of the United States. It is bordered by Tennessee to the north, Georgia to the east, Florida and the Gulf of Mexico to the south, and Mississippi to the west. Alabama ranks 30th in total land area and ranks second in the size of its inland...
lawyer
Lawyer
A lawyer, according to Black's Law Dictionary, is "a person learned in the law; as an attorney, counsel or solicitor; a person who is practicing law." Law is the system of rules of conduct established by the sovereign government of a society to correct wrongs, maintain the stability of political...
and historian
Historian
A historian is a person who studies and writes about the past and is regarded as an authority on it. Historians are concerned with the continuous, methodical narrative and research of past events as relating to the human race; as well as the study of all history in time. If the individual is...
who also served as Judge
Judge
A judge is a person who presides over court proceedings, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open...
of the United States District Court for the District of Puerto Rico
United States District Court for the District of Puerto Rico
The United States District Court for the District of Puerto Rico is the federal district court whose jurisdiction comprises the Commonwealth of Puerto Rico. The court is based in San Juan. The main building is the Clemente Ruiz Nazario U.S. Courthouse located in the Hato Rey district of San Juan...
from 1913 to 1921.
Hamilton was born in Mobile, Alabama
Mobile, Alabama
Mobile is the third most populous city in the Southern US state of Alabama and is the county seat of Mobile County. It is located on the Mobile River and the central Gulf Coast of the United States. The population within the city limits was 195,111 during the 2010 census. It is the largest...
. He studied at Princeton University
Princeton University
Princeton University is a private research university located in Princeton, New Jersey, United States. The school is one of the eight universities of the Ivy League, and is one of the nine Colonial Colleges founded before the American Revolution....
and the University of Leipzig
University of Leipzig
The University of Leipzig , located in Leipzig in the Free State of Saxony, Germany, is one of the oldest universities in the world and the second-oldest university in Germany...
before obtaining advanced law degrees at the University of Alabama
University of Alabama
The University of Alabama is a public coeducational university located in Tuscaloosa, Alabama, United States....
. Hamilton's books during his Alabama years included Colonial Mobile: An Historical Study (1897), Early Southern Institutions (1898), The Colonization of the South (1904), The Reconstruction Period (1910), and Mobile of the Five Flags (1913). He also practiced law and was involved in codifying the city ordinances of Mobile.
Hamilton, a Democrat
Democratic Party (United States)
The Democratic Party is one of two major contemporary political parties in the United States, along with the Republican Party. The party's socially liberal and progressive platform is largely considered center-left in the U.S. political spectrum. The party has the lengthiest record of continuous...
, was appointed as the federal judge for Puerto Rico
Puerto Rico
Puerto Rico , officially the Commonwealth of Puerto Rico , is an unincorporated territory of the United States, located in the northeastern Caribbean, east of the Dominican Republic and west of both the United States Virgin Islands and the British Virgin Islands.Puerto Rico comprises an...
in 1913 by President
President of the United States
The President of the United States of America is the head of state and head of government of the United States. The president leads the executive branch of the federal government and is the commander-in-chief of the United States Armed Forces....
Woodrow Wilson
Woodrow Wilson
Thomas Woodrow Wilson was the 28th President of the United States, from 1913 to 1921. A leader of the Progressive Movement, he served as President of Princeton University from 1902 to 1910, and then as the Governor of New Jersey from 1911 to 1913...
, who was his classmate at Princeton University. (Hamilton actually was first nominated by outgoing President William Howard Taft
William Howard Taft
William Howard Taft was the 27th President of the United States and later the tenth Chief Justice of the United States...
, but it appears that this was a courtesy nomination on Wilson's behalf.)
Hamilton served two four-year terms as District Judge in Puerto Rico, obtaining reappointment from President Wilson in 1917. Throughout his tenure, Hamilton was a strong proponent of bringing Puerto Rico under greater influence by the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
, and supported increased use of the English language
English language
English is a West Germanic language that arose in the Anglo-Saxon kingdoms of England and spread into what was to become south-east Scotland under the influence of the Anglian medieval kingdom of Northumbria...
in Puerto Rico. At one point, questions were raised concerning Hamilton's personal finances and any effect they might be having on his judicial service. The matter was the subject of an investigation by the Justice Department
United States Department of Justice
The United States Department of Justice , is the United States federal executive department responsible for the enforcement of the law and administration of justice, equivalent to the justice or interior ministries of other countries.The Department is led by the Attorney General, who is nominated...
, but the allegations were not sustained.
Hamilton tried to enhance the public reputation of his court and improved the court's administration, keeping more current with the docket than had his predecessors. Issues addressed during his time on the bench included the political status
Political status
In international law three categories of Political status are usually recognized:#Independent countries e.g.: France, Canada#Internal independent countries which are under the protection of another country in matters of defense and foreign affairs, e.g.: Netherlands Antilles, the Faroe Islands,...
of Puerto Rico, issues relating to citizenship
Citizenship
Citizenship is the state of being a citizen of a particular social, political, national, or human resource community. Citizenship status, under social contract theory, carries with it both rights and responsibilities...
, and a variety of commercial and criminal cases.
At times, Hamilton had tense relations with a fellow Wilson appointee, Governor of Puerto Rico
Governor of Puerto Rico
The Governor of Puerto Rico is the Head of Government of the Commonwealth of Puerto Rico. Since 1948, the Governor has been elected by the people of Puerto Rico...
Arthur Yager
Arthur Yager
Arthur Yager served as Governor of Puerto Rico from 1913 to 1921.Yager was born in Campbellsburg in Henry County, Kentucky. He earned bachelors and masters degrees from Georgetown College in Kentucky, and a doctorate from Johns Hopkins University...
. Hamilton and the federal court in Puerto Rico were unpopular with some segments of the Bar in Puerto Rico, and there was a series of attempts to induce the United States Congress
United States Congress
The United States Congress is the bicameral legislature of the federal government of the United States, consisting of the Senate and the House of Representatives. The Congress meets in the United States Capitol in Washington, D.C....
to abolish the federal court, which were unsuccessful. On the other hand, efforts by Hamilton to obtain life tenure for judges of the federal court in Puerto Rico, as is required for Article III
Article Three of the United States Constitution
Article Three of the United States Constitution establishes the judicial branch of the federal government. The judicial branch comprises the Supreme Court of the United States and lower courts as created by Congress.-Section 1: Federal courts:...
federal courts, were also unsuccessful (that step was not ultimately taken until 1966).
In 1921, President Warren G. Harding
Warren G. Harding
Warren Gamaliel Harding was the 29th President of the United States . A Republican from Ohio, Harding was an influential self-made newspaper publisher. He served in the Ohio Senate , as the 28th Lieutenant Governor of Ohio and as a U.S. Senator...
, a Republican
Republican Party (United States)
The Republican Party is one of the two major contemporary political parties in the United States, along with the Democratic Party. Founded by anti-slavery expansion activists in 1854, it is often called the GOP . The party's platform generally reflects American conservatism in the U.S...
, declined to reappoint Hamilton to a third term. He was succeeded by Arthur Odlin.
Hamilton remained in Puerto Rico for several years. In addition to practicing law, in 1922 he published Origin and Growth of the Common Law in England and America. He also wrote a series of articles for the Harvard Law Review
Harvard Law Review
The Harvard Law Review is a journal of legal scholarship published by an independent student group at Harvard Law School.-Overview:According to the 2008 Journal Citation Reports, the Review is the most cited law review and has the second-highest impact factor in the category "law" after the...
comparing the common law
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
and civil law
Civil law (legal system)
Civil law is a legal system inspired by Roman law and whose primary feature is that laws are codified into collections, as compared to common law systems that gives great precedential weight to common law on the principle that it is unfair to treat similar facts differently on different...
systems, as well as an article on Puerto Rican folklore
Folklore
Folklore consists of legends, music, oral history, proverbs, jokes, popular beliefs, fairy tales and customs that are the traditions of a culture, subculture, or group. It is also the set of practices through which those expressive genres are shared. The study of folklore is sometimes called...
. He died in 1927.
There is no full-length biography of Hamilton, but he is the subject of published articles by his daughter, Rachel Duke Hamilton, and by Puerto Rican
Puerto Rico
Puerto Rico , officially the Commonwealth of Puerto Rico , is an unincorporated territory of the United States, located in the northeastern Caribbean, east of the Dominican Republic and west of both the United States Virgin Islands and the British Virgin Islands.Puerto Rico comprises an...
historian Carmelo Delgado Cintron. There is also no archival collection of Hamilton's papers, but some of his correspondence can be found in the manuscript collections of contemporary Alabama and Puerto Rico political figures.
The Peter Joe Hamilton Elementary School
Mobile County Public School System
Mobile County Public School System is a school district based in the Mobile County Public Schools Central Office Campus in an unincorporated area in Mobile County, Alabama United States....
in Chickasaw, Alabama
Chickasaw, Alabama
Chickasaw is a city in Mobile County, Alabama, United States. As of July 2007, the population was 5,979. It is included in the Mobile metropolitan statistical area.-Geography:Chickasaw is located at . According to the U.S...
is named after Hamilton.