1, I i f I ii^i"-.-. ' i^^:^^ YALE UNIVERSITY LIBRARY HISTORY REPUBLIC UTdTED STATES OF AMERICA, AS TBACED IN THE ¦WEITIKGS OF ALEIANDER HAMILTON OP HIS COTEMPORAJIIES. BT JOHN C, HAMILTON, VOLUME III. " Neque enim est uUa res, in qua propius ad Deorum numen Tirtus accedat humana, quam civitates aut condere novas, aut conservare jam conditas." — (Xg. de Eepub. I NEW YORK: D, APPLETON & COMPANY, BEOADWAT. 1859. CONTENTS OF VOLUME III. CHAPTER XXXVII. Eejoicings in France, at the treaty of peace— Procession — ^Discontents of England — Parliamentary Reform — Hamilton returns to New York — McHenry and Jay to Hamilton — ^Hamilton at the bar — Argument on the treaty — ^Decision — ^Legislative violence. . . .1 CHAPTER XXXVIII. Popular violence — Confiscations — Hamilton interposes — ^Writes "Phocion" — Replies — Second " Phocion " — Hamilton and Ledyard — ^Land hank — Hamilton plana hank of New York — Manumission Society — La Fayette. ........ 23 CHAPTER XXXIX. Negotiations at Paris — Instructions as to a commercial treaty — De,spatoh of Adams — Plan of treaty — Pitt and Fox advocates of a liberal com mercial policy — British regulations — Congress meet — Jefferson ; his birth, education, member of " Burgesses," elected to Congress, averse to independence, withdraws from Congress, returns, draws Declaration of Independence, declines a re-election, resigns and hastens from Phil adelphia — ^Again, in Burgesses, a reviser of the laws, elected Gover nor, his delinquency, resigns, admits his disgrace, and condemnation, elected to Congress — ^Audience of Washington, his letter to Steuben, his resignation of command, at Annapolis, retires to Mount Vernon — Report on Finances — Jefferson's plan of government of "Western Terri tory — Jefferson's report on foreign relations, proposed as commissioner to treat, objected to, appointed — Resolution by Massachusetts — Report iv CONTENTS OF VOLUME III, on foreign relations discussed — Treaty discussed — Garrison of frontier posts — Congress again, in session — Courts on territorial controversies organized — Indians — Site of a Federal City — Ordinance as to "Western Territory — Fiscal poUcy. . . ... 51 CHAPTER XL. Jefferson at Paris — Commission — Negotiations with France — Jefferson's advice as to French debt — Reproved by Congress — ^Arrets of France — Consular convention, objected to — Spain — Mississippi — Plan of treaty of commerce with Spain — Jay's report — Madison proposes Jefferson's special mission to Spain — ^Defeated — Hamilton asserts right of free navigation of Mississippi — British pohoy — Mission of Adams — His views, discontent, and return — Dissatisfaction with him of Congress — Jefferson's commercial views — Hamilton on the policy of America. 87 CHAPTER XLI. Internal affairs of United States — ^Attack on Cincinnati — Hamilton re- . commends abolition of its hereditary principle — British proclamations — Retaliations by States — Massachusetts — Hancock — Bo wdoin, Gover nor, recommends enlargement of power of Congress — His correspond ence — His letter to Congress — Reply of Delegates — Answer of Bow- doin — Proposed convention defeated. .... 121 CHAPTER XLII. Policy of New Hampshire and Rhodfe Island — New York — Schuyler — In surrections iu New Hampshire and Massachusetts — Pact between Vir ginia and Maryland — Vu-ginia proposes a commercial convention — Annapolis convention — Address calling a general political convention, by Hamilton. ....... 147 CHAPTER XLIII. National Impost — Report of Congress — Memorial by Hamilton — ^Policy of New York — Clinton — Report by Congress — Hamilton iu Legisla ture of New York — Prepares address — Speech on it — His speech on acts repealing laws inconsistent with Treaty of 1783. . . 168 CHAPTER XLIV. Hamilton on election law — Vote by ballot — Against Test oaths. Legisla tive restrictions and discriminations — On Tax law — His policy as to CONTENTS OF VOLUME III. y the poor — Law diminishing expense of collecting small debts — ^Dis tribution of person.il property — Bankrupt act — Criminal Jm-ispru- dence — System of public instruction — Plan of a University, colleges, and public schools^His speech on the Impost — Impost defeated — New Hampshire grants — Hamilton's speech on Independence of Ver mont — Recognized. . ..... 200 CHAPTER XLV. Congress meet — Proceedings in States as to General Convention — Hamil ton urges Congress to recommend it — ^His resolution, that New York appoint delegates — Appointed a delegate — Declines a re-election to the Legislature — Appointments of delegates by the States — Proposed American confederacies — Opinions of Jay — ^Enox — Madison s state ment and misstatement — Madison's opinions as to new Government — Jefferson's — Edmund Randolph's — Madison for right of coercion on States — Hamilton's progressive opinions, and acts — Federal convention meets — "Washington presides — Its rules — Secrecy enjoined — Resolutions of Randolph and of Charles Pinckney — Debates on — Constitution of Legislative department — Executive department — Madison and Ran dolph in favor of a plural executive — ^Hamilton and "Wilson for a sin gle executive — Council of revision — National judiciary — New States — Madison, Hamilton, and "Wilson as to constitution of National Legis lature — New Jersey plan submitted — ^Its features — Comparison of several plans before the convention — Comparison of Madison's and , Hamilton's views as to the government, its structure and powers. . 23G CHAPTER XLVI. Impolicy and imperfections of proposed plans — Hamilton's situation in convention — His speech — Advocates a republican government, duly organized — Madison's misstatement— Hamilton's first plan of a con stitution — Comments thereon. . . . . . . 273 CHAPTER XLVII. Hamilton's efforts to direct opinions — Madison's changed view — Hamilton as to State governments — "Wilson's remarks — Hamilton's observations — New Jersey plan rejected — Debates on Virginia resolutions — Lan sing's views — Luther Martin's — Hamilton's system — In favor of election of Representatives by the people — Iving concurs — Compensation of Exclusion from office — Madison's speech on nature of the government, Sherman, Hamilton — Suffrage of States — Hamilton's plan approved vi CONTENTS OF VOLUME III. — His further views — Hamilton to "Washington— Renewed debate — Compromise reported — Yates and Lansing abandon the convention — "Washington to Hamilton — Hamilton's statement of Washington's and Madison's views. ...••¦ 303 CHAPTER XLVIII. Clinton's opposition— Hamilton appeals to people in favor of Constitution — Hastens to Philadelphia — Proceedings in Convention as to Compro mise — Contests for State power — Legislative powers discussed — ^Insti tution of Executive, single, re-eligible — Term, seven years— Judiciary during good behavior — Committee of Detail — ^Early report in Congress as to powers of Legislature — Its influence — ^Hamilton as to qualifica tions of Representatives — Visits New York — Letters to Rufus King — Hamilton's inquiries as to a project of a Monarchy by the Loyalists — Opinions in Convention — Hamilton resumes his seat — His exertions and influence — Report of Grand Committee — Office of President — Hamilton's view — Presents second plan of a Constitution — ^Two years President — Religious test excluded — Constitution engrossed, and signed — Hamilton's views of Government misrepresented — ^His statement — Statement of Luther Martin — Subsequent publication by Hamilton — Madison's views — ^Letter to Pickering — Hamilton proposes President not re-eligible, more than once — Journal of Convention garbled — Correspondence of J. Q. Adams and Madison — ^Hamilton's impressions as to working of Constitution. ..... 324 CHAPTER XLIX. Hamilton's benevolence — ^Vindication of Cincinnati — ^Vindication of him self — ^Letter to Washington — Reply — Hamilton as to Steuben — ^M'ash- mgton's answer — Origin of the Federalist — Its purpose and topics — Congress, as to submission of Convention to the States — Opposition to v^^ee proposes amendments — Delaware — Its settlement, government, and policy — Ratifies the Constitution — Pennsylvania — Its topography, settlement, government, controversies, and laws — Call of a State Con vention — Findley — Seceders — Debates in Convention — Opponents — , Findley, SmUie — Advocates, McKean, Wilson, Wayne — Adopts ©on- stitution. ........ 361 CHAPTER L. New Jersey — Topography and population — Proprietary titles — Liberal views — Ratifies Constitution — Georgia — Its settlement, population, CONTENTS OF VOLUME III. yji Government — Adopts Constitution — Connecticut — Its settlement — PoHcy — Charters — Religious system — Patriotism — State Convention — Ellsworth — Debates — Johnson — Sherman, Huntington, and Wolcott — Motives to adopt — Grounds of opposition — Ratifies Constitution — Massachusetts — Origin and Progress — Fisheries — Towns — Laws — Equality of condition — Militia — Ecclesiastical polity — Influence of Clergy — Grounds of opposition, to the Constitution — Hancock, Samuel Adams, and Gerry — Advocates of Constitution ; Ames, Cabot, King, Parsons, Sedgwick, Strong — Debates in Convention — Biennial Elections — State and General Government — Senate — Powers of Con stitution — Judiciary Department — Proposed adjournment — Influence of mechanics — Concurrence of Hancock and S. Adams — Ratifies Con stitution. . . . . . . . .388 CHAPTER LI. New Hampshire — Its topography, settlement, pursuits — Jealousy of Gov ernment — Dissensions — State Convention meets and adjourns — Mary land — Its settlement, population, tolerance — Government, poUcy — Adopts Constitution — South Carolina — Its Government — Settlement — Planters — Slaves — Prosperity — Opposition to England — United spirit of opposition — ^Difference of interests and opinions — Slavery — Debates in Legislature as to Constitution — Lowndes — The Pinckneys — Rutledge — Butler — Barnwell — ^Weakness of Executive — Treaty power — Regu lation of Commerce — Collection of Revenue — ^Advocacy of Constitution by Cotesworth Pinckney — Convention meets and ratifies Constitution — Celebration in Charleston. ... . 419 CHAPTER LII. Virginia — Her opbions— -Washington to Patrick Henry — Legislature — Call of Convention — Washington to Hamilton — Public letters of Geny, and Richard Henry Lee — Objections of George Mason — Aristocracy — Monarchy — Letter of Randolph — Society at New York formed to op- *^ pose Constitution — Urges second Federal Convention — CUnton, chief opponent of Constitution in New York — Speech to Legislature — Ham ilton chosen Delegate to Congress — Hamilton assailed — Opposition to can of State Conveution — Debate on allegiance — Benson's speech — Party hostilities — Riots in Pennsylvania, and in New York — ^Virginia — ^Its topography, and population — Property, and pursnits — Primo geniture, and entails — Power of families — Rehgious system and feel ings — Colonial Charter and temper — Early discontent with the Crown viii CONTENTS OF VOLUME III. —Prejudices, Local, rehgious, and poUtical— State Government- Oligarchic feehngs- Subjects of jealousy— Conventionmeets— Pendle ton— Henry— Randolph— Mason— Lee— Madison — Nicholas— Corbin -Henry in opppsition— Denounces the Constitution— Merits of British Government— Madison explains and ably vindicates the new System- Monroe condemns itr—MarshaU sustams it— Oswald m Virginia— Madi son and Lee to Hamilton— Navigation of Mississippi— Control of Navy —General and Treaty power— Local influences— The National Judici ary—Madison to Hamilton— Letter of Jefferson— Henry's and Madi son's comments— Monroe urges conditional ratification — Ratifies Con stitution — Washington's gratulation. .... 442 CHAPTER LIII. Hamilton in Congress— InvaUds of Army— Admission of Kentucky- State of opmion in New York — Its Convention meets — Clinton, Lansing, Smith, oppose Constitution — Advocates, Duane, Hamilton, Harrison, Jay, and Livingston — Debates — Importance of Union — Hamilton to Madison — Chnton's letter — Smith objects to Legislative Department, the rule of apportionment — Hamilton for a National Government — States defects and effects of Confederation — State de- Unquencies — Coercion of States — Civil War — Insists new Govern ment, truly RepubHcan — Compromises iu Convention — ^Defends rep resentation of Slaves — Assailed therefor — Necessity of a Democratic branch — Evils of a pure Democracy — Value of a Representative Sys tem — Jay supports him — Hamilton on importance and uses of a Sen ate — ^An efficient government — Utility of State governments — Ob ject of government. ... ... 481 CHAPTER LIV. Dangers of Constitution to States insisted upon — Fiscal power — Hamilton on structure of new government — Supremacy of National and State laws as to their respective objects — Hamilton to Madison — Contro versy with Clinton — Disposition and objects of Fiscal powers — Ex cises — Lansing objects to Fiscal power — Controversy -n-ith Hamilton — Power over Loans^ — Restriction opposed — Amendments proposed — Executive and Judiciary departments discussed — Pro'posed Commis sion — Declaration of Rights proposed — Hamilton to Madison — Series of amendments proposed — Hamilton urges an absolute ratification — Determination of Clinton and adherents to reject Constitution — Speeches of Hamilton — Hamilton's decision— Debate as to employ- CONTENTS OF VOLUME III. ix ment of Militia — Hamilton defends it — Vote to ratify — Amendment reserving right to withdraw — Hamilton to Madison — Hamilton closes debate — Constitution ratified — City of New York — Excitement— -Re joicing — Celebration of adoption of Constitution — Procession — Honors to Hamilton — Kent's recollections. ..... 504 CHAPTER LV. Hamilton as to accession of Vermont — ^North Carolina — Its topography — Population — Pursuits — Government — ^Intestine Feuds — Indebtedness — Devastation — Disposition — Convention meets — Davie, Johnson, Iredell, Spaight, Jones, Macon — Adjourns — Circular as to call of Second Convention by New York — Rhode Island — Hamilton to OIney — Call of Second Convention approved — Pennsylvania — ^Vu-ginia in favor of a Second General Convention — Randolph to Madison — New York for a revision of the Constitution — Schism in Massachusetts — Congress as to seat of Government — Hamilton urges temporary resi dence at New York — Claims of Virginia and Pennsylvania — Madison to Washington — Reply — Hamilton prevails — New York selected — Ordinance passed to carry the Constitution into effect — New York re fuses to choose Electors of President — Defective structure of Constitu tion — Hamilton and Madison rejected as Delegates to Congress — Madison defeated as Senator — Chosen a Representative — Opposition to Clinton in New York — Hamilton's address — Hamilton writes letters of H. G. in opposition to Clinton — Four Federalists elected to Con gress — Hamilton urges Washington to accept the Presidency — Wash ington's reluctance — Correspondence between them — Franklin pre ferred by French Counsels — Distrust by France — Instructions to De Moustier — Office of Vice President — John Adams suggested to fill it — Prevailing doubts of his fitness — Washington's view — Hancock — Knox — Correspondence of Hamilton and Madison — Hamilton reluctant ly assents to Adams — To prevent competition with Washington, votes withheld from Adams — His resentment — Washington unanimously elected President — Adams by a minority of votes — Inauguration of Washington. ....... 531 THE HISTOEY OF THE REPUBLIC OF THE UNITED STATES. CHAPTER XXXVII France was all joyous at the restoration of peace. The burthens of the conflict were weighing heavily upon her impoverished treasury. Enough of glory had been gained. The nation's pulse was beating weakly. Prince and People were ahke weary of the war, for England, though maimed for a time, was not "overthrown." Enthusiastic pomp and festival proclaimed the conclu sion of the comprehensive treaties of compensation. A day of celebration being appointed, " the king-at- arms and six heralds-at-arms, all attired in a garb not unlike that of the knave of diamonds, sallied forth on horseback, through the streets of Paris, preceded by the band of the king's stables, and by the Master of Ceremonies. The procession went first to take (by the special direction of the king) the Mayor of Paris, the City authorities, and the Judges of the Chatelet, whose chief had previously de livered to the king-at-arms the ordinance of peace, which was tu be proclaimed. Vol. III.— 1 2 THE REPUBLIC. [1783. " All these corporations, formed in a body, repaired in succession to fourteen public squares, where the reading of the royal document took place, attended each time with these formalities. " The Chevalier de la Haye, after having ordered three peals from his Majesty's bells-at-arms, thrice exclaimed, " In the name of the king," then added, " First herald-at- arms of France, by the title of Burgundy, attend to the performance of the duties of your office," The official, thus bidden, received the ordinance from the hands of his chief, and read it aloud. The king-at-arms, after the con clusion of the reading, ordered three flourishes from the royal trumpeters ; and then cried out three times, " Long live the king." About the middle of his stately march, the king-at-arms and his heralds, in conformity with a custom as ancient as it is peculiar, entered the convent of the Feuillants, whose monks had prepared a collation for those officials. The rest of the procession, being by the laws of etiquette excluded from the privilege of the feast, waited in the streets the return of the guests of the con vent. The ceremony was concluded with a sumptuous supper at the City Hall, where every inhabitant of Paris was a welcome guest. "During this official promenade, the Peace was an nounced from the stage of the opera to a delighted audi ence."* While France was thus jubilant, the British Parliament spoke the discontents of the people. By the opposition, the terms of the treaty were loudly condemned ; and even its most powerful advocate, William Pitt, held language wounding to the pride of the nation, " To accept the treaty or to continue the war," he declared, " was the only alternative in the power of ministers. Such was the ulti- » Oeil de Boeuf, ii. 291. JEt. 26.] HAMILTON. 3 matum of France. There was a time when we could have dictated to the proudest of our enemies. But that era is past ; and the summit of glory, of which we could once vaunt, is now but a vision and a memory. At the same time, let it be remembered, that the peace obtained is bet ter than was suited to the lowness of our condition. We have acknowledged the American independence. But what is that but an empty form ? The incapacity of the minister who conducted the war, and a series of unpros- perous CA-ents, had produced the acknowledgment," After a long and earnest struggle, the public dissatis faction prevailed, and the ministry were compelled to retire. Though England had been worsted in her contest with the United States, that contest was not to her without its benefits. The public opinion of the nation had been fos tered into strength, and those great meetings, which have resulted in successive reforms of the House of Commons, owed their birth to the American revolution. With a wise characteristic caution, the doors of liberty have been opened without imperilhng the State, Early in the year eighty-two, the counties, cities, and towns of England were seen in motion ; and on the first of Februai-y, the hvery of London resolved, " that the unequal representation of the people, the corrupt state of parliament, and the perversion thereof from its original institution, had been the principal causes of the unjust war with America, of the consequent dismemberment of the British empire, and of every grievance of which the nation complained. That these grievances could never be removed, until the right of the people to their consti tutional share in the English government should be re- estabhshed, by a fair and equal representation in parlia ment, and a frequent election of their representatives, according to ancient usuage," 4 THE EEPUBLIC. [178S. Thus sustained by these manifestations of feeling, WilHam Pitt led the way in a motion for reform, which succeeding parliaments have introduced. A rumor that the definitive treaty had been i-eceived, prompted a request that Hamilton would remain in Con gress a few days. The apprehensions entertained by him of obstacles to its conclusion being thus dispelled, he was much elated at the event, and with the prospect, after so long a pubhc service, of enjoying the repose of private life. " I am strongly urged," he wrote to his wife, " to stay a few days for the ratification of the treaty ; at all events, however, I will not be long from you. I give you joy of the happy conclusion of this important work, in which your country has been engaged. Now, in a very short time, I hope we shall be happily settled in New York. My love to your father. Kiss my boy a thousand times. A thousand loves to yourself." He soon after proceeded to Albany. The instabihty of the public counsels, and the impotence of the confed eracy, caused Hamilton to fear that either foreign aggres sion or civil discord might again compel a resort to arms. Thus impressed, he wrote to Washington on the thirtieth of September : " I think I may address the subject of this letter to your Excellency with more propriety than to any other person, as it is purely of a military nature ; as you ai'e best acquainted with my services as an officer, and as you are now engaged in assisting to form the arrangements for the future peace establishment. " Your Excellency knows, that in March '82, I relin quished all claim to any compensation for my services, either during the residue of the war, or after its conclu sion — simply retaining my rank. On this foundation I build a hope that I may be permitted to preserve my rank J5t. 26.] HAMILTON. 5 on the peace establishment, without emoluments, and un attached to any corps, as an honorary reward for the time I have devoted to the public. As I may hereafter travel, I may find it an agreeable circumstance to appear in the character I have supported in the revolution. " I rest my claim solely on the sacrifice I have made ; because I have no reason to believe that my services have appeared of any value to Congress, as they declined giving them any marks of their notice on an occasion which ap peared to my friends to entitle me to it, as well by the common practice of sovereigns, as by the particular prac tice of this country in repeated instances. " Your Excellency will recollect, that it was my lot at Yorktown to command, as senior officer, a successful at tack upon one of the enemy's redoubts ; that the officer who acted in a similar capacity in another attack, made at the same time by the French troops, has been hand somely distinguished by the government to which he belongs ; and that there are several examples among us, where Congress have bestowed honors upon actions, per haps not more useful, nor, apparently more hazardous. " These observations are inapplicable to the present Congress, further than as they may possibly furnish an additional motive to a compliance with my wish. ^ The only thing I ask of your Excellency, is, that my application may come into view in the course of the con sultations on the peace establishment," Hamilton had been too prominent in his opposition to the cabal against the Commander-in-chief, to be forgiven by its partisans in Congress, Hence the injustice done him. Consecrated in the public affections, Washington could not be directly attacked by his enemies. It was at Hamilton, as a buckler, the incessant blows were strucL 6 THE EEPUBLIC. [1783. The Commander-in-chief replied on the sixth of No vember, " Congress, after resolving to adjourn upon the twelfth of this month, did, equally unexpectedly and surprisingly to me, finish their session at this place the day before yesterday ; without bringing the peace estabhshment, or any of the many other pressing matters, to a decision, " Finding that this was likely to be the case, I showed your letter to some of your particular friends ; and con sulted with them on the propriety of making known your wishes with my testimonial of your services to Congress ; but they advised me to decline it, under a full persuasion that no discrimination would, or indeed could, be made at this late hour, as every other officer from the highest to the lowest grade (not in actual command) were retiring without the retention of rank ; and that the remainder, upon a peace establishment (if a continental one should ever take place), would come in upon the new system, under fresh appointments ; so that unless you wished to come into actual command again (which none supposed), they saw no way by which you could preserve your rank, " I have the pleasure to inclose you a brevet, giving you the rank of full colonel," Hamilton was now looking to the evacuation of New York. What a tide of thoughts must have passed through his mind as he now sailed the tranquil Hudson, on whose margin he passed many of his happiest after hours, and breathed his latest sigh! How changed his present from his former feelings, when hastening along its alarmed bor ders on his lonely, anxious way — amid deserted dwellings, forsaken fields, k discordant population — to extort reluc tant aid from Gates, he detected those incipient intrigues which would have lost Washington to his country ! Where, before, the timid shallop rarely ventured to dart /Et. 26.] HAMILTON. 7 its course across the mournful stream, was now seen the bold canvass of its unrivalled craft wafting to their libera ted mart its joyous fugitives ; each point and inlet, as he passed, reviving some incident of his own eventful career, or of his country's glorious history, Poughkeepsie would recall the moment, when, in concert with Schuyler, were framed those memorable resolutions, the first to reconimend a general convention to establish a constitution. Approaching Fishkill, he would recur to the time when, with early wisdom, he portrayed the evils of a weak and the blessings of an efficient government. As his eye turned upon the heights of Newburgh, now gleaming in the morning sun, he would behold, as it were again, the dark cloud which hung threatening over his companions in arms, ready to burst and overwhelm them, until dissipa ted by his powerful interposition. West Point, crowned with autumnal gloom, spoke of the weary hours of anxious consultation with his chief, the marked victim of a deep laid treason. The detection, the pursuit, the escape of Arnold, were all before him. Beyond, the scene of Andre's fate, immortalized by the touching narrative which would have veiled his error with his misfortunes. The humble ferry- house at Greensburgh would awaken happier associations, where, retiring in the pride of a manly temper from the family of Washington, he devoted his first leisure to those capacious plans of national polity which placed him in early manhood among the foremost sages of the-revolution. And now, New- York opened before him in all the often recollected magnificence of its capacious bay, its world-in viting waters, its peaceful shores, its guardian isles, whence proudly rose against the evening sky, the ffag of the Union, announcing that the conflict was over, and seeming to in vite him to new triumphs in this much-loved scene of his youthful imaginings, efforts, and distinctions. Cordial were the greetings of this grateful city, as it welcomed, in its 8 THE EEPUBLIC. [1783. onoe stranger boy, the now powerful advocate of mercy to its apprehensive denizens, hastening to shield them from persecution for the venial offence of mistaken loyalty. The impression which his congressional career had pro duced, is shown in the letters received by him at this time, McHenry, who had recently taken a seat in congress, writes : — Princeton, Oct. 22, 1783. DEAR HAMILTON, The homilies you delivered in congress, are still recol lected with pleasure. The impressions they made, are in favour of your integrity, and no one but believes you a man of honour and republican principles. Were you ten years older, and twenty thousand pounds richer, there is no doubt but that you might obtain the suffrages of congress for the highest office in their gift. You are supposed to possess various knowledge, useful, substantial, and ornamental. Your very grave, and your cautious — your men who meas ure others by the standard of their own creeping politics, think you sometimes intemperate, but seldom visionary, and that were you to pursue your object with as much cold perseverance as you do with ardour and argument, you would become irresistible. In a word, if you could submit to spend a whole life in dissecting a fly, you would be, in their opinion, one of the greatest men in the world. Bold designs — measures calcu lated for their rapid execution — a wisdom that would con vince, from its own weight — a project that would surprise the people into greater happiness, without giving them an opportunity to view it and reject it — are not adapted to a council composed of discordant materials, or to a people which have thirteen heads, each of which pays superstitious adorations to inferior divinities, I have reported on Fleury's case on the principle you recommend, I fear his half-pay will not be granted. ^T. 26.] . HAMILTON. 9 Adieu, my dear friend, and in the days of your happiness drop a line to your McHenry. P. S. — Our exemplification of the treaty has passed, and will be transmitted to the state officially. The other was from Jay, at Passy : — " DEAR SIR, " You was always of the number of those I esteemed, and your correspondence would be both interesting and agreeable. I had heard of your marriage, and it gave me pleasure, as well because it added to your happiness, as because it tended to fix your residence in a state of which I long wished you to be and remain a citizen. "The character and talents of delegates to congress daily become more and more important, and I regret your declining that appointment at this interesting period. Re spect, however, is due to the considerations which influ ence you ; but as they do not oppose your accepting a place in the legislature, I hope the state will still con tinue to derive advantage from your services : much re mains to be done, and labourers do not abound. " I am happy to hear that the terms of peace and the conduct of your negotiators give general satisfaction. But there are some of our countrymen, it seems, who are not content, and that too with an article which I thought to be very unexceptionable, viz : the one ascertaining our boundaries. Perhaps those gentlemen are latitudinarians. " The American newspapers for some months past con tain advices which do us harm ; violences and associations against the tories pay an ill compliment to government, and impeach our good faith in the opinion of some, and our magnanimity in the opinion of many. Our reputa- 10 THE EEPUBLIC. , [1788. tion, also, suffers from the apparent reluctance to taxes, and the ease with which we incur debts without providing for their payment. The complaints of the army — the jealousies respecting congress — the circumstances which induced their leaving Philadelphia — and the too little ap pearance of national spirit pervading, uniting, and invigo rating the confederacy, are considered as omens which portend the diminution of our respectability, power, and felicity. I hope that as the wheel turns round, other and better indications will soon appear. I am persuaded that America possesses too much wisdom and virtue to permit her brilliant prospects to fade away for want of either, " The tories are almost as much pitied in these coun tries as they are execrated in ours ; an undue degree of severity towards them would, therefore, be impolitic, as it would be unjustifiable. They who incline to involve that whole class of men in indiscriminate punishment and ruin, certainly carry the matter too far. It would be an in stance of unnecessary rigour and unmanly revenge, with out a parallel, except in the annals of religious rage in times of bigotry and blindness. ^What does it signify where nine-tenths of these people are buried ? Victory and peace should in my opinion be followed by clemency, moderation, and benevolence, and we should be careful not to sully the glory of the revolution by hcentiousness and cruelty. These are my sentiments, and however un popular they may be, I have not the least desire to conceal or disguise them. Believe me to be, with great regard and esteem." Notwithstanding urgent solicitations, Hamilton adhered to his purpose of retiring wholly from public life, and was soon engaged in the labours of his profession ; in which, without the advantages of much previous study, by the energies of a mind pecuharly adapted to the analysis of first .:Et. 26,] HAMILTON. 1] principles, he rose to an unequalled, unapproached dis tinction. His letter to McHenry was written to obtain an exem plification of the treaty. The state of New-York was ruled at this time by cruel counsels. Taking advantage of the doubt as to the period of its execution, it passed laws in direct violation of this treaty, and, in despite of the most earnest intercessions, refused to stay the prosecutions commenced against proscribed persons. Shocked at tliese proceedings, Hamilton took up the cause of these perse cuted individuals with all the zeal of his fei'vent na ture. The definitive treaty having arrived, he addressed a memorial to congress asking a record of it ; in which, to prompt its immediate ratification, he stated that there ap peared to be no probability that the legislature will inter pose its authority to stay the prosecutions until it is an nounced ; a measure that would " conduce to the security of a great number of individuals who derive their hopes of safety from the national faith," Hamilton now commenced his professional career ; and it is one of the most interesting incidents of that career, that the first exertion of his talents as an advocate, was in the cause of clemency and good faith. It was in the in most privacy of his quiet hours, reflecting on. such exer tions, that he exclaimed, " The Almighty has given me a good head, and thank God, he has also given me a good heart." This was a suit in the mayor's court of the city of New- York, to recover the rents of property held by the defend ant under an order of Sir Henry Clinton, and was found ed on a recent enactment called " The Trespass Act." This act authorized an action of trespass in favour of per sons who had left their abodes in consequence of the invasion of the enemy, against those who had been in pos- 12 THE EEPUBLIC. [1783. session of them during the war, and expressly precluded a justification of this occupancy by virtue of a military or der. It was contended that the case was not within the statute ; that the laws of nations controlled it and barred the suit, and that the treaty included an amnesty, which extinguished the statute right. No precedent, it is believed, exists for such an act of legislation; an act providing that after a war solemnly terminated by a treaty duly executed, suits could be com menced by the subjects of one belligerent against those of another for injuries committed during the war by mili tary order. No case could have arisen of greater interest, higher moment, or larger considerations. It was a question of national faith and national character — it was a question between the subjects of two independent nations, relating to transactions in a war between those nations. It involved a determination of the powers of the con federacy, and of its constitutional supremacy over a law of a member of that confederacy. It was of the most grave and weighty magnitude, for it would decide wheth er a state tribunal would recognise the laws of nations and of the confederation as the rule of its decisions when in conflict with a local statute. It might determine the con duct of Great Britain as to the execution of the treaty, the surrender of the posts, and the peace of the union. It involved property of a great amount, and numerous cases depending on the same principle. It was the deci sion of a controversy between a wealthy merchant — a British subject, an adherent of the enemy — and a fugitive, an exile, a poor American widow, impoverished by the war. It was tried while the strife of the fierce contest was recent, in the midst of a dilapidated and yet disorder ed city, when all around were beheld the ravages of the invader, in a hall of justice desecrated and marred by JEt.26.] HAMILTON. 13 the excesses of its late occupants, a licentious soldiery. On one side was the attorney-general of the state, armed with all its authority to sustain its laws, representing the passions of an inflamed community, pleading for the widowed exile. On the other stood Hamilton, resting on the justice of this mighty cause. The plaintiff's task was obvious. It was to insist upon the statute. The statute was explicit. Both the parties were within its provisions. It was obligatory, and no court of that state, no court especially of limited jurisdic tion, could look beyond it. Look where 1 To the laws of nations, — laws having no settled foundation, undergo ing constant change, affording no certain rule, and which ought to have no influence on the government of this state or upon the people. The war was unjust, admitted by the enemy to be unjust. By an unjust war, the unjust party acquires no rights, for no rights can be derived from an injury. It was not a solemn war, and therefore con ferred no rights upon the captor. Nor was that court to be controlled by the treaty. New- York was a sovereign, independent state. Congress had no right to bind the state in this matter ; it was interfering with its internal police. Can they by treaty give away the rights of its citizens ? A case like this had never before been heard of. It was without a precJedent, and stood upon the sta tute. Hamilton felt the advantageous position of his oppo nent. He passed by the immediate parties to the suit, and spoke to the question. In a brilliant exordium,* he dila ted on its importance in all its various aspects ; declared that the decision might affect all the relations of two great empires, might be discussed in Europe, and might produce, * The outline of this speech is framed from an extended brief, giving all the points of the argument and the authorities. 14 THE EEPUBLIC. [1788. according to the issue, a good or bad impression of our country. It would establish precedents that might give a complexion to future decisions, would remain a record of the spirit of our courts, and would be handed down to posterity as indicating the character of our jurisprudence. It was a question of a most comprehensive nature ; its merits include all the principles which govern the inter course between nations. Heretofore our courts have seemed to consider themselves in an inferior light ; their decisions must hereafter form precedents. Having thus appealed to the pride of the court, he pro ceeded : — " We are told there is no precedent. Then, in deed, it is a new case, and a new case must be determined by the law of nature and the public good. Where the law is silent, the judge speaks ; and the most ancient au thority states that in England cases were adjudged accord ing to equity, before the customs of the realm were writ ten and made certain. This question must be decided by the laws of nations. But what, it is asked, are the laws of nations? Where are they to be found? — They are the deductions of reason, to be collected from the principles laid down by writers on the subject and 'established by the authorized practice of nations, and are a part of the law of the land. The laws of nations and the laws of war are part of the common law." He then stated the two great divisions of the laws of nations. The natural, necessary, or internal, universally binding on the conscience of nations ; but in its external obligations, controlled by the positive or voluntary law for the good of mankind, which is equally obligatory, and is enjoined by the natural law. By the necessary law, the party making an unjust war acquires no rights, and is bound to make reparation for all damages. By the voluntary law — ^which may be defined, that system of rules which grow out of the independence .^Et. 26.] HAMILTON. 15 of distinct political associations, qualifying their natural rights as individuals — both parties have equal rights, hav ing no common judge ; and the effects of a war on both sides, are the same. These effects are principally impunity, the acquisition of property ; a rule estabhshed to promote the general peace of mankind, by removing discussions about the jus tice of the war, and the proportion of the damages to the injury and the security of purchasers, especially neutrals. But it is objected, this was not a solemn war. The ap proved practice of nations is against this objection. But it was a solemn war. Formalities are arbitrary — an act of parliament authorized hostilities. The declaration of independence sp6aks of an open war subsisting. Congress formally authorized our citizens to cruise. It has been said that the state of New- York has no common law of nations. The answer is, that law results from the relations of universal society — that our constitution admits the common law, of which the law of nations is a part — and that the United States direct our foreign intercourse, and have expressly become parties to the law of nations. What are the effects of a war ? The general proposition is, that movable goods belong to the captor forever, as soon as the battle is over ; the fruits of immovables, while they are in possession. Other rules have been laid down with re spect to movables ; but the true rule is, the battle being over. The ancient precedents of pleading are not that the prize remained a night with the enemy, but that it was gained by battle of the enemy ; and pleading is the touch stone of the law. The common law carries the rights of war so far as to give property in a prisoner, and an action of trespass for taking him away. Hence, we see the com mon law not only adopts the law of nations in its full ex tent as a general doctrine, but particular adjudications recognise the operation of capture. 16 THE EEPUBLIC, [1788. The second branch of the discussion related to the effect of the treaty of peace, and tended to show that this action could not be maintained without a violation of the treaty ; every treaty of peace including an amnesty, which is of its very essence, between private persons as well as the contending publics. To the objection, that congress had no right to bind the state, that it was meddling with its in ternal police, he replied, that on that construction, " the confederation was the shadow of a shade ;'' but that con gress had an unquestionable right ; that " the sovereignty and independence of the people began by a federal act ; that our external sovereignty is only known in the union — that foreign nations only recognise it in the union ; that the declaration of independence was the fundamental consti tution of every state, all of which was acceded to by the convention of New- York, which does not pretend to au thenticate the act, but only to give their approbation to it :" that hence it followed, " that congress had complete sover eignty ; that, the union was known and legalized in the constitution of New- York previous to the confederation, and that the first act of the state government adopted it as a fundamental law ; from which reflections," he says, " we are taught to respect the sovereignty of the union, and to consider its constitutional powers as not controllable by any state." The confederation is an abridgment of those powers ; but, mutilating as it is, it leaves congress the full and ex clusive powers of war, peace, and treaty. The power of making peace, is the power of determining its conditions. It is a rule of reason and law, that to whomsoever any thing is granted, that also is granted without which it can not exist. If congress have not a power to adjust an equivalent for damages sustained, and remit the rest, they have no power to make peace. It is true that this power .Et. 26.] HAMILTON. I7 does not permit the making all possible conditions, — such as dismembering the empire, or surrendering the liberties of the people ; but it includes the power of making all rea sonable and usual conditions — such is a remission of dam ages, — for without it the state of war continues. But it may be asked, how can congress, by treaty, give away the rights of citizens of New- York ? To this I an swer — First, that the citizens of New- York gave them power to do it for their own safety — Secondly, that the power results from this principle of all governments : that the property of all the individuals of a state is the property of the state itself, in regard to other nations. Hence, an injury from the government gives a right to take away, in war, the property of its innocent subjects. Hence, also, the claim of damages for injuries done is in the public, who may agree for An equivalent, or release the claim without it ; and, our external sovereignty existing in the union, the property of all the citizens, in regard to foreign states, belongs to the United States, as a consequence of what is called the eminent domain. Hence, to make the defend ant answerable, would be a breach of the treaty of peace. It would be a breach, also, of the confederation. Con gress have the exclusive right of war and peace. Congress have made a treaty of peace, pursuant to their power ; a breach of the treaty is a violation of their constitutional authority, and a breach of the confederation. The power of congress in making treaties, is of a legislative kind : their proclamation enjoining the observance of it is a law, and a law paramount to that of any particular state. But it is said, " the sovereign authority may, for reasons of state, violate its treaties, and the laws in violation of them bind its own subjects. This allegation goes on bold ground, that the legislature intended to violate the treaty. But I aver that in our constitution it is not true that the sover- VoL. III.— 2 18 THE EEPUBLIC. [1783. eignty of any one state has legally this power. Eacn state has delegated all power of this kind to congress. They are equally to judge of the necessity of breaking, as of the propriety of making, treaties." " The legislature of any 6ne state has nothing to do with what are called ' reasons of state.' We might as well say a particular county has a right to alter the laws of the state, as a particular state the laws of the confederation. It has been said, and it may be said again, that the legislature may alter the laws of nations. But this is not true in the ory, nor is it constitutional in our government ; for con gress have the exclusive direction of our foreign affairs, and of all matters relating to the law of nations. No single state has any legal jurisdiction to alter them. " It may again be said, that the accession to the confed eration was an act of our legislature. Why may not an other act alter or dissolve it ? I answer, it is not true ; for the union is known in our constitution as pre-existing. The act of confederation is a modification and abridgment of federal authority by the original compact. " But if this were not the case, the reasoning would not apply. For this government, in acceding to the confeder ation, is to be considered, not as a sovereign enacting a law, but as a party to a contract ; as a member of a more ex tensive community agreeing to a constitution of govern ment. It is absurd to say, one of the parties to a contract may, at pleasure, alter it without the consent of the others. It will not be denied that a part of an empire may, in cer tain cases, dismember itself from the rest. But this sup poses a dissolution of thje original compact. While the confederation exists, a law of a particular state derogating from its constitutional authority is no law. But how, you ask, are the judges to decide ? they are servants of the state. I answer, the confederation vesting no judicial .Et. 26.] HAMILTON. I9 powers in congress, excepting in prize causes, in all other matters the judges of each state must of necessity be judges of the United States, and they must take notice of the law of congress as a part of the law of the land. For it must be conceded, that the legislature of one state cannot repeal a law of the United States. " What is to be done in such a case ? It is a rule of law, that when there are two laws, one not repealing the other, expressly or virtually, the judges must construe them so as to make them stand together. That golden rule of the Roman orator may be applied : ' Primum igitur leges oportet contendere considerando utra lex ad majores, hoc est ad utiliores, ad honestiores ac magis necessarias res perti nent. Ex quo conficiscitur utsi leges duse aut si plures aut quotcunque erunt conservari non possint quia discrepent inter se, ea maxime conservanda putetur quse ad maxi- mas res pertinere videntur — 'Where two or more laws clash, that which relates to the most important concerns ought to prevail.' " Many of these arguments are on the supposition, that the trespass act cannot stand with the laws of nations and the treaty. It may, however, legally receive such a con struction as will stand with all ; and to give it this con struction is precisely the duty of the court. We have seen that to make the defendant liable, would be to violate the laws of nations, and forfeit our character as a civilized people ; to violate a solemn treaty of peace, and revive the state of hostility ; to infringe the confederation of the United States, and to endanger the peace of the whole. Can we suppose all this to have been intended by the legislature ? The answer is, ' the law cannot suppose it : if it were in tended, the act is void,' " He then proceeded to state rules for the construction of statutes, which rendered this extremity unnecessary, quo- 20 THE E.EPUBLIC. [1783 ting the observation of Cato, " Leges enim ipste cupiunt ut jure regantur." The argument extended to an examination of the juris diction of the court, and to a minute investigation of the distinctions to be taken between citizens and British sub jects, claiming the protection of the law of nations. It closed with a strong exposure of the criminality of the procedure, and with a vehement exhortation to preserve the confederation and the national faith ; quoting the beautiful apothegm of Seneca, " Fides sanctificissimum hu- mani pectoris bonum est." Amidst all the refinements which have been resorted to in order to impair the powers of the constitution, and to construe it as a compact of states, revocable at the will of either of the contracting parties, it is deeply interesting to advert to this early exposition of the true principles of the American union. — An union formed indeed by com pact, but by a compact between the people of these colonies with every individual colonist before the ex istence of states ; recognised by the people of each state, in their state constitutions ; confirmed by them as states, in the articles of confederation ; and sub sequently "perfected" in a constitution ordained and established by the people " for the United States of America." The result of this argument was a triumph of right over usurpation. The decision indicates the difficulties with which the defendant contended ; but the force of the treaty to overrule the inhibition against pleading a milita ry order, was admitted. The court also declared — " Our union, as has been properly observed, is known, and le galized in our constitution, and adopted as a fundamental law in the first act of our legislature. The federal com pact hath vested congress with full and exclusive powers '/Et. 26.] HAMILTON. 21 to make peace and war. This treaty they have made and ratified, and rendered its obligation perpetual ; and we are clearly of opinion, that no state in this union can alter or abridge, in a single point, the federal .articles or the treaty." This decision is the more meritorious, because made by judges holding by a temporary tenure, soon after the ses sion of a legislature which had shown a fixed purpose to persevere in their odious and impolitic violence. A few days after this judgment was rendered, a large public meeting was convened,* and an address to the peo ple of the state was passed. This address,f after remark ing on " the immense ability and learning" of the argu ment, exhorted the people, in their choice of senators, to elect men who would spurn any proposition that had a tendency to curtail the privileges of the people, and who would protect them from judicial tyranny. " Having con fined themselves," it stated, "to constitutional measures, and disapproving all others, they were free in sounding the alarm. If their independence was worth contending for against a powerful and enraged monarch, and at the expense of the best blood of America, surely its preserva tion was worth contending for against those among our selves who might impiously hope to build their greatness upon the ruins of that fabric which was so dearly estab lished." The legislature assembled soon after this meeting. Without waiting the result of an appeal, which the consti tution secured, this decision, made in due form of law, and with unimpeached fairness, was brought before the assem bly. Resolutions were passed, declaring it to be subversive * Sept. 13th, 1784. t It 's related to have been from the pen of Melancton Smith. 22 THE EEPUBLIC. [1783. of all law and good order, and the Council of Appoint ment were recommended, at their next session, " to ap point such persons Mayor and Recorder of New York, as will govern themselves by the known law of the land." Judgments of courts ought to be the voice of the rea son, of the virtue, of the justice of communities ; and when such, they are the great landmarks and bulwarks of na tions, rising far above the drifts and surges of temporary popular feehng. Such this was. And it was the first lofty stand taken in this country to carry into effect the policy Hamilton had recently reported to Congress, urg ing " that spirit of moderation and liberality which ought ever to characterize the deliberations and measures of a free and enlightened nation," in support of which, as has been stated, he stood alone.* * This homage is paid him by a personal enemy. " The New York dele gate, Colonel Hamilton, one of the Committee, distinguished himself by his firmness and consistency in giving it his single negative " — the motion to com mit, instead of adopting and pubhshing the report. — Gordon's " American Reva- ¦ " iii. 376—22 to 1 negative. CHAPTER XXXVIII. The ability displayed by Hamilton on this occasion, his liberal views and distinguished probity, gathered around him the enthusiastic confidence and affection of the better part of his fellow-citizens ; and at a time when the judicial character of the State was to be formed, and, from the disturbed situation of the community, profes sional trusts were of the most important and extensive in fluence, he was foremost in endeavouring to secure to the laws an honest and enlightened administration. This was not an easy task. The general relaxation of morals, an usual and most lamentable concomitant of war, was attended with a prevailing disregard of, and dispo sition to question, the decisions of the courts. In the po litical speculations to which the revolution had given rise, the sovereignty of the popular will, which was recognised as the basis of every proceeding, was pushed to the utmost extremes in its application ; and wherever the operations 24 THE EEPUBLIC. [1788. of the laws bore hard, in the then unsettled relations of society, to recur to the elementary principles of govern ment, and resolve every rule by its apparent adaptation to individual convenience, was the prevaihng tendency of pubhc opinion. The course of the contest, the means by which it had been conducted, the extravagant schemes it had engendered, gave every citizen a strong personal in terest in its results, and, long before its termination, had divided the population into the opposite and hostile classes of debtors and creditors ; each of which being compelled to unite, either for the common purpose of delaying or enforcing justice, acquired the dangerous, disorganizing, and formidable character of an intestine party. The laxity of the national faith, as it sprung from, also confirmed this distinction. The loose opinions which had gradually led on to an unjust discrimination between the public creditors of different descriptions, soon took posses- .sion of the popular mind, induced preferences equally un just in private affairs, and ultimately prostrated all respect for the obligations of contracts, and for the tribunals by which they were to be expounded and enforced. This lawless spirit which pervaded the country, was principally shown in questions growing out of the claims of two classes of creditors, whose situation, though totally differ ent, it was sought to confound, — those of British mer chants, for debts incurred previous to the revolution, and the claims of the tories, either for money due to them, or for lands of which possession had been taken as enemies' property. The animosity natural to the combatants in a civil conflict ; the enormities committed by the refugees, when the scale of war seemed to incline in their favour, or where they could continue their molestations with impunity ; the harassing inroads and depredations which they had made iET. 26.] HAMILTON. 25 on private property, and on the persons of non-combat ants, and the harsh and cruel councils of which they were too often the authors, appeared to the people at large to sanction every species of retaliation, and to place the tories beyond the pale of humanity. This was merely the popular feeling. ' The govern ments of the United States, and of the individual states, with few exceptions, resisted these attempts, and sought to instil a spirit of moderation and forbearance, becoming the victorious party. In the progress of the conflict, and particularly in its earliest periods, attainder and confisca tion had been resorted to generally, throughout the con tinent, as a means of war. But it is a fact important to the history of the revolting colonies, that the acts pre scribing penalties, usually offered to the persons against whom they were directed the option of avoiding them, by acknowledging their allegiance to the existing govern ments. It was a preventive, not a vindictive policy. In the same humane spirit, as the contest approached its close, and the necessity of these severities diminished, many of the states passed laws offering pardons to those who had been disfranchised, and restoring them to the enjoyment of their property ; with such restrictions only as were necessary for the protection of their own citizens. In others, different councils unfortunately prevailed. In New- Jersey, meetings were held urging a non-compliance with the treaty, in consequence of the non-fulfilment by Eng land of the seventh article, stipulating the return of the negroes and the restoration of the posts. In Virginia,* the house of delegates resolved,! " That * Almon's Kemembrancer, p. 92, v. 10, 2d part. t December 17th, 1782. 26 THE EEPUBLIC. [1783 confiscation laws, being founded on legal principles, were strongly dictated by that principle of common justice which demands that if virtuous citizens, in defence of their natural rights, risk their life, hberty, and property on their success ; vicious citizens, who side with tyranny and oppression, or cloak themselves under the mask of neu- trahty, should at least hazard their property, and not enjoy the labours and dangers of those whose destruction they wished. And it was unanimously declared, that all de mands and requests of the British court for the restitution of property confiscated by this state, being neither sup ported by law, equity, or policy, are wholly inadmissible ; and that our delegates be instructed to move congress that they may direct their delegates, who shall represent these states in a general congress for adjusting a peace or truce, neither to agree to any such restitution, nor submit that the laws made by any independent state of this union, be subject to the adjudication of any power or powers on earth." A proclamation was subsequently issued by its gov ernor, enjoining all those who had adhered to the enemy since the nineteenth April, seventeen hundred and seventy- five, or had been expelled by an act of the legislature, or who had borne arms against the commonwealth, to leave the state. And an address from the county of Caroline was presented to the legislature, stating, " they see the im policy, injustice, and oppression of paying British debts ! " In Massachusetts, a committee of the legislature of which Samuel Adams was chairman, reported that no per son who had borne arms against the United States, or lent money to the enemy to carry on the war, should ever be permitted to return to the state.* Resolutions of an in- * Report on the files of the general court of Massachusetts, March 16th, 1784. JJt. 26.] HAMILTON. 27 temperate character were also brought forward at public meetings in Maryland ; and a bill containing many objec tionable features was introduced in the popular branch of its legislature, but it was resisted with great eloquence, admirable sense, and unyielding firmness in the senate by two respected individuals, Charles Carroll and Robert Goldsborough, and was essentially modified. In New-York, the division of public sentiment at the opening of the revolution being very great, each party viewed the other with the most jealous eyes, and felt more seriously ihe importance of individual exertions. The first act of hostility invited retaliation. Instead of looking to general results, the people of that state were driven to desperation by their continued uncertainty and alarm from dangers which menaced their double frontier. The laws which were passed for their protection, for the apprehension of persons of " equivocal character," early in the warfare, were soon followed by the establish ment of a board of commissioners of sequestration. An institution which, though at first confided to safe hands, was unavoidably entrusted with powers that naturally led to abuse, and ultimately became the organ of many harsh and oppressive proceedings. Civil discord striking at the root of each social relation, furnished pretexts for the indulgence of malignant pas sions ; and the public good, that oft-abused pretext, was interposed as a shield to cover offences which there were no laws to restrain. The frequency of abuse, created a party interested both in its continuance and exemption from punishment, which at last became so strong, that it rendered the legis lature of the state subservient to its views, and induced the enactment of laws attainting almost every individual whose connections subjected him to suspicion, who had 28 THE EEPUBLIC. [1788. been quiescent, or whose possessions were large enough to promise a reward to this criminal cupidity. It must not be supposed that these attempts were un resisted. On the contrary, those who were most efficient in their support of the revolution — those who had incurred the greatest losses — some of those to whom the contest had offered few other fruits than an uninterrupted sacrifice of feeling and property, and who might with much plausi- bihty have thus reimbursed themselves — made a steady resistance to these arbitrary edicts ; and when it was at last found to be unavailing, by appearing to unite in the measures of persecution, and by including in the numher of the attainted the names of those whose proscription threatened to affect the personal intei-est of the most violent, showed them the danger of this game of intoler ance. These proceedings only exasperated the passions of the populace, and soon after the intelligence of peace, tu multuous meetings were convened under the thus dis graced name of " the sons of liberty," to denounce the tories, to menace them from returning to claim their estates, and to remonstrate with the legislature against measures that could affect titles by confiscation. By the existing laws the annual election took place in the spring, but as the legislature was convened to meet in January, a proclamation was issued by the Governor, ap pointing a special election for the city of New York. At this election, held a few weeks after its evacuation, the members were chosen by a small part* of its excited population. They partook strongly of its feelings. The proscribed citizens petitioned for permission to return to their residences. This was a moment which magnanimity * The highast vote was 249. iET. 26.] HAMILTON. 29 would have embraced to shield the defenceless, but Clin ton, in his opening speech to the legislature, threw all the weight of his powerful influence into the popular scale. "While," he said, " we recollect the general progress of a war which has been marked with cruelty and rapine — while we survey the ruins of this once flourishing city and its vicinity — while we sympathise in the calamities which have reduced so many of our virtuous fellow-citizens to want and distress, and are anxiously solicitous to repair the wastes and misfortunes we lament," we cannot listen to these petitions. The action of the legislature was in conformity with this unfeeling declaration, A petition being presented, the leading friend * of the Governor in the assembly im mediately moved that it be laid upon the table, and on an amendment to refer it, eight of the nine f members from the city voted against the reference. Two bills followed, both originating in the Senate, One was entitled, " An Act declaring a certain description of pei'sons without the protection of the laws of this State, and for other pui'poses therein mentioned." On its being considered, a member of the Senate, a violent noted partisan of Clinton,:]; moved an amendment, prescribing a test oath, which, though op posed by Schuyler and five other senators, was incorporated in the Act. It disfranchised the loyalists for ever. The council of revision rejected this violent bill, on the grounds that " the voluntary remaining in a country overrun by the enemy," an act " perfectly innocent," was made penal, and was retrospective ; " contrary to the received opinions of all civilized nations, and even the known principles of * Colonel Lamb. t Colonel Rutgers was absent. Journal of Assembly, Feb. 4, 1784, X Abraham Yates, jr. 30 THE EEPUBLIC. [1783. common justice ; and was highly derogatory to the honor of the State ; that it was totally inconsistent with the pub lic good, for so large a proportion of the citizens remained m the ' region ' possessed by the British armies, that in most places it would be difficult, in many absolutely im possible, to find men to fill the necessary offices, even for conducting elections, until a new set of inhabitants could be procured" — that it was " directly in the face of the treaty," and instituted " a new court " in express violation of the constitution of the state. The act, nevertheless, passed by the votes of more than two-thirds of the mem bers, under the specious title of " An Act to preserve the Freedom and Independence of the State." The other bill was " An Act for the speedy Sale of Confiscated Estates," which, though also objected to by the Council of Revision, became a law on the same •day, Hamilton remarked, as to this test act, " A share in the sovereignty of the State, which is exercised by the citizens at large in voting at elections, is one of the most important rights of the subject, and in a republic ought to stand foremost in the estimation of the law. It is that right by which we exist a free people ; and it certainly therefore will never be admitted, that less ceremony ought to be used in divesting any citizen of that right, than in depriv ing him of his property. Such a doctrine would ill suit the principles of the revolution, which taught the inhab itants of this country to risk their lives and fortunes in asserting their liberty, or, in other words, their right to a share in the government." He cautioned against " pre cedents which may in their consequences render our title to this great privilege precarious." Resolutions were also introduced — one, calhng on the governors of the States to interchange lists of the banished persons in order, as was ^T. 26.] HAMILTON. 31 professed, that the principles of the Federal union might be adhered to and preserved ; another, that notwithstand ing the recommendation of congress, they could not com ply with the fifth article of the treaty. A memorial of one of these nine representatives of New York for a grant of a large body of land by the commissioners of forfeit ure, and the fact, that another of them acquired his wealth by the purchase of confiscated property within that city, explain the motives of these arbitrary procedures. An Act to repeal the laws inconsistent with the treaty was also rejected by North Carolina, It will be remarked, that through the whole of these pro ceedings intolerance sought to conceal its deformity under the mask of the demagogue — a watchful solicitude for lib erty, and a distrust of designs to effect a revolution in the genius of the government. It is an invidious office to accumulate testimony of the vitiated state of the popular feeling at this time, and to embody the evidence of facts tending to impair the nation al character, were not a lesson to be derived from them of infinite value — the tendency of the state governments in moments of excitement to violate the admitted maxims of public law, to disregard the most sacred obligations, and to encroach upon and undermine the rights of individuals, and that the only security of the American citizen against local violence and usurpation, is in his national character, and the broad protection which a well-balanced general government can alone give. To show the extent to which the rapacious spirit of the times was carried, but one more instance will be adduced. It was a proposal to confiscate the estates of " the society instituted by a charter from the British government for the propagation of the gospel in foreign parts," in which light the British colonies and plantations were regarded in that charter — notwithstanding the fifth and sixth articles 32 THE EEPUBLIC. [1783, of the treaty — notwithstanding the pure and benevolent purposes of its institution — notwithstanding that from its very nature it could not have had any,agency in the war, nor have become the object of resentment and confisca tion. This purpose called forth the indignant and deter mined opposition of Hamilton. He contended that a re gard to honour, justice, and humanity, ought to be alone sufficient to restrain the legislature from wresting their estates from the hands of a charitable society which had committed no offence to incur a forfeiture ; and that especially in an hour of profound tranquillity. That if the articles of the treaty had been silent on the subject of confiscation, yet under a general treaty of peace, it being an established maxim of the law of nations, which is a part of the law of the land, that every such treaty virtually implies an amnesty for every thing done du ring the war, even by an active enemy, that the rights of this society were therefbre necessarily secured ; and that as the exclusive right of making peace and war be longed to the great federal head of the nation, every treaty made by their authority, was binding upon the whole people, uncontrollable by any particular legislature, and that any legislative act in violation of the treaty, was illegal and void ; and that upon a different construction, " the confederation, instead of cementing an honourable union, would, with respect to foreign powers, be a perfidi ous snare, and every treaty of peace, a solemn mockery." However desirable it may have appeared to the mag nanimous part of the community to bury their resentments from motives of benevolence, it became now apparent that their efforts could no longer be confined to mere persua sion, but that the fears of the considerate must be aroused to a general co-operation. The effect of popular violence, though steadily resisted by the American courts, was seen strongly operative in the councils of Great Britain. The ^T.26.] HAMILTON. 33 protection of the tories had, during the discussions of the provisional treaty, been a subject of much anxious negotia tion. When she found that the recommendations of con gress were wholly disregarded, England made these pro ceedings a ground for refusing the indemnities for spoHa- tions stipulated by the treaty, and for what was a source of more general interest and alarm, a refusal to deliver up the frontier posts, which kept in awe the whole interior of the country, Hamilton, who, as early as the spring of seventeen hundred and seventy-eight, had been the open ad vocate, if the revolution should be effected, of a general act of amnesty and oblivion, could no longer brook the tyranny of a small number of active demagogues, the found ers of the democratic party in the state of New-York. He resolved to come forward as a mediator between the passions and the true interests of the people. With this view, early in the year seventeen hundred and eighty-four, he addressed a pamphlet "to the considerate citizens of New- York on the politics of the times, in consequence of the peace," under the signature of " phocion." This brief production, written at a time when the author says " he has more inclination than leisure to serve the peo ple, by one who has had too deep a share in the common exertions in this revolution to be willing to see its fruits blasted by the violence of rash or unprincipled men, with out at least protesting against their designs," contains an earnest appeal to the friends of liberty, and to the true whigs, on the enormity of the recent laws passed by men " bent upon mischief, practising upon the passions of the people, and propagating the most inffammatory and perni cious doctrines." The persons alluded to, he says, " pretend to appeal to the spirit of whigism, while they endeavour to put in mo tion all the furious and dark passions of the human mind. The spirit of whigism is generous, humane, beneficent, and Vol. Ill— 3 34 THE EEPUBLIC. [1783. just. These men inculcate revenge, cruelty, persecution. and perfidy. The spirit of whigism cherishes legal liberty, holds the rights of every individual sacred, condemns or punishes no man without regular trial, and conviction of some crime declared by antecedent laws, reprobates equally the punishment of the citizen by arbitrary acts of the le gislature, as by the lawless combinations of unauthorized individuals ; while these men are the advocates for expelling a large number of their fellow-citizens unheard, untried ; or, if they cannot effect this, are for disfranchising them in the face of the constitution, without the judgment of their peers, and contrary to the law of the land." The danger of this arbitrary power, the extent to which it had been abused by being exercised against general de scriptions of persons, are strongly portrayed. " Nothing is more common," Hamilton observed, " than for a free people, in times of heat and violence, to gratify momentary pas sions, by letting into the government principles and prece dents which afterwards prove fatal to themselves. Of this kind is the doctrine of disqualification, disfranchise ment, and banishment by acts of the legislature. The dangerous consequences of this power are manifest. If the legislature can disfranchise any number of citizens at pleasure by general descriptions, it may' soon confine al the votes to a small number of partisans, and estabhsh an aristocracy or an oligarchy ; if it may banish at discretion all those whom particular circumstances render obnoxious, without hearing or trial, no man can be safe, nor know when he may be the innocent victim of a prevailing fac tion. The name of liberty applied to such a government. would be a mockery of common sense. " The English whigs, after the revolution, from an over weening dread of popery and the pretender, from triennial, voted the parliament septennial. They have been trying ever since to undo this false step in vain, and are repenting iET.2«.] • HAMILTON. 35 the effects of their folly in the overgrown power of the new family. " Some imprudent whigs among us, from resentment to those who have taken the opposite side, (and many of them from worse motives,) would corrupt the principles of our government, and furnish precedents for future usurpations on the rights of the community. " Let the people beware of such counsellors. However a few designing men may rise in consequence, and advance their private interests by such expedients, the people at large are sure to be the losers in the event, whenever they suffer a departure from the rules of general and equal just ice, or from the true principles of universal liberty." The proffigacy of violating the treaty — a treaty in which Great Britain had made the most important conces sions, and for which the only equivalent was a stipulation that there should be no future injury to her adherents — is then exposed. " Can we do," he asks, " by act of the legis lature what the treaty disables us from doing by due course of law ? This would be to imitate the Roman general, who, having promised Antiochus to restore half his vessels, caused them to be sawed in two before their delivery ; or the Plataeae, who having promised the Thebans to restore their prisoners, had them first put to death, and returned them dead. Such fraudulent subterfuges are justly con sidered more odious than an open and avowed violation of treaty." The supremacy of congress on this subject, the dangers to result from the retaliatory acts of England by retain ing the posts, and an exclusion from the fisheries, and the impolicy of measures which keep ahve in the bosom of society the seeds of perpetual discord, are forcibly painted. Motives of private advantage had been artfully held out to enlist the support of the artisans, by assuring them that to admit the tories would induce an injurious competition. 36 THE EEPUBLIC. • [1788. To this argument he replied, " There is a certain'proportion or level in all the departments of industry. It is folly to think to raise any of them and keep them long above their natural height. By attempting to do it, the economy of the political machine is disturbed, and, till things return to their proper state, the society at large suffers. The only object of concern with an industrious artisan, as such ought to be, is, that there may be plenty of money in the commu nity, and a brisk commerce to give it activity and circula tion. All attempts at profit, through the medium of monopoly or violence, will be as fallacious as they are culpable. " Viewing the subject in every possible light, there is not a single interest of the community but dictates moderation rather than violence. That honesty is still the best policy, that justice and moderation are the surest supports of every government, are maxims which, however they may be called trite, are at all times true ; though too seldom re garded, but rarely neglected with impunity." The pamphlet closes with the following emphatic ap peal : — " Were the people of America with one voice to ask — What shall we do to perpetuate our liberties and secure our happiness? The answer would be — Govern well, and you have nothing to fear either from internal disaffec tion or external hostility. Abuse not the power you pos sess, and you need never apprehend its diminution or loss. But if you make a wanton use of it, if you furnish another example, that despotism may debase the government of the many as well as of the few, you, like all others that have acted the same part, will experience that licentious ness is the forerunner of slavery. " How wise was that poHcy of Augustus, who, after con quering his enemies, when the papers of Brutus were brought to him, which would have disclosed all his secret ^T. 26.] HAMILTON. 37 associates, immediately ordered them to be burnt 1 He would not even know his enemies, that they might cease to hate when they had nothing to fear. How laudable was the example of Elizabeth, who, when she was transferred from the prison to the throne, fell upon her knees, and thanking Heaven for the deliverance it had granted her from her bloody persecutors, dismissed her resentment. The reigns of these two sovereigns are among the most illustrious in history. Their moderation gave a stability to their gov ernment, which nothing else could have effected. This was the secret of uniting all parties, " These sentiments," he added, " are delivered to you in the frankness of conscious integrity, by one -v/ho feels that solicitude for the good of the community which the zeal ots whose opinions he encounters profess ; by one who pursues not, as they do, the honours or emoluments of his country ; by one who has had too deep a share in the common exertions of this revolution, to be wilHng to see its fruits blasted by the violence of rash or unprincipled men, without at least protesting against their designs ; by one who, though he has had in the course of the revolu tion a very confidential share in the public councils, civil and mihtary, and has as often, at least, met danger in the common cause as any of those who now assume to be the guardians of the public hberty, asks no other reward of his countrymen, than to be heard without prejudice, for their own interest," Soon after the publication of this pamphlet, which was extensively read in the United States and republished in London, various replies appeared, with the signatures of Gustavus, Anti-Phocionite, and others. One more elaborate than the rest was issued under the name of Mentor, representing the inhabitants of the south ern district of the state, who had remained under the con trol of the enemy, as aliens ; and, therefore, as subject to 38 THE EEPUBLIC. [1783. the complete discretion of the legislature, and wholly de nying to them the protection of the treaty. To this production, written by Isaac Ledyard, which Hamilton designated " a political novelty," he wrote an answer, entitled " Phocion's second letter, containing re marks on Mentor's reply." In the beginning, he avowed that " whatever severity of animadversion had been indulged in his former remarks, was manifestly directed against a very small number of men, manifestly aiming at nothing but the acquisition of power and profit to themselves ; and who, to gratify their avidity for these objects, would trample upon every thing sacred in society, and overturn the foundations of public and private security. That it was difficult for a man con scious of a firm attachment to the public weal, who sees it invaded and endangered by such men, under specious but false pretences, either to think or to speak of their conduct without indignation ; and that it was equally dif ficult for one who, in questions that affect the community, regards principles only and not men, to look with indiffer ence on attempts to make the great principles of social right, justice, and honour, the victims of personal animosi ty or party intrigue." Having stated a few simple propositions, which em braced within their compass the principles of his argu ment, and having disproved by a complete and precise demonstration those of his opponents, he descanted with much force on the improper multiplication of oaths, and exposed the specious assertion, made without any limita tion, that every government has a right to take precau tions for its own security, and to prescribe the terms on which its rights shall be enjoyed. " This right," he remarked, " is bounded, with respect to those who were included in the compact by its original conditions ; only in admitting strangers, it may add new ./Et. 26.] HAMILTON. 3y ones. The rights too of a republican government are to be modified and regulated by tke principles of such a gov ernment. These principles dictate that no man shall lose his rights, without a hearing and conviction before the proper tribunal ; that previous to his disfranchisement, he shall have the full benefit of the laws to make his defence ; and that his innocence shall be presumed till his guilt has been proved. These, with many other maxims never to be forgotten in any but tyrannical governments, oppose the aims of those who quarrel with the principles of Pho cion." " Among the extravagances," he observed, " with which these prolific times abound, we hear it often said that the constitution being the creature of the people, their sense with respect to any measure, if it even stand in opposition to the constitution, will sanctify and make it right. Hap pily for us, in this country, the position is not to be con troverted that the constitution is the creature of the peo ple ; but it does not follow that they are not bound by it, while they suffer it to continue in force ; nor does it follow, that the legislature, which is, on the other hand, a creature of the constitution, can depart from it on any presumption of the contrary sense of the people. " The constitution is the compact made by the society at large and each individual. The society, therefore, cannot, without breach of faith and injustice, refuse to any indi vidual a single advantage which he derives under that compact, no more than one man can refuse to perform his agreement with another. " If the community have good reasons for abrogating the old compact, and establishing a new one, it undoubtedly has a right to do it ; but until the compact is dissolved with the same solemnity and certainty with which it was made, the society as well as individuals are bound by it. " All the authority of the legislature is delegated to them 40 THE EEPUBLIC. [1783. under the constitution ; their rights and powers are there defined ; if they exceed them, 'tis a treasonable usurpation upon the power and majesty of the people ; and by the same rule that they may take away from a single indi vidual the rights he claims under the constitution, they may erect themselves into perpetual dictators, " The sense of the people, if urged in justification of the measure, must be considered as a mere pretext, for that sense cannot appear to them in a form so explicit and au thoritative as the constitution under which they act ; and if it could appear with equal authority, it could only bind when it had been .preceded by a declared change in the form of government. The contrary doctrine serves to undermine all those rules by which individuals can know their duties and their rights, and to convert the government into a government of will, not of laws," The danger of subjugation by England had been warmly urged. He exhibited her condition at large, to show that it was groundless — the king at variance with his ministers — the ministers unsupported by parliament — the lords disa greeing with the commons — the hation execrating the king, ministers, lords, and commons ; all these are symp toms of a vital malady in the present state of the nation. He then adverted to another often-repeated apprehension, " The danger from a corruption of the principles of our government is more plausible, but not more solid. It is an axiom that governments form manners, as well as man ners form governments, " The body of the people of this state are too firmly at tached to the democracy, to permit the principles of a small number to give a different tone to that spirit. The present law of inheritance, malting an equal division among the children of the parents property, will soon melt down those great estates, which, if they continued, might favour the power of the few. The number of the disaffected, ^T. 26.] HAMILTON. 41 who are so from speculative notions of government, is small. The great majority of those who took part against us, did it from accident, from the dread of the British power, and from the influence of others to whom they had been accustomed to look up. Most of the men who had that kind of inffuence are already gone. The residue and their adherents must be carried along by the torrent, and "with very few exceptions, if the government is mild and just, will soon come to view it with approbation and attachment. There is a bigotry in pohtics, as well as in religion, equally pernicious to both. The zealots of either description are ignorant of the advantage of a spirit of toleration. It is remarkable, though not extraordinary, that those characters, throughout the states, who have been principally instrumental in the revolution, are the most opposed to persecuting measures. Were it proper, I might trace the truth of this remark, from that character which has been the first in conspicuousness, through the several gradations of those, with very few exceptions, who either in the civil or military line have borne a distin guished part," These casual productions show his firmness and gen tleness. His spirit was as bold as it was sympathizing. He hated oppression in all its forms, and resisted it in every shape. Governed by the highest principles, with them his lofty nature would admit no compromise ; for he was accustomed to view infractions of them in all their remote consequences. Hence his denunciations of tyran ny were universal and unsparing. Alluding to the passing scenes, he observed, with in- tensest scorn — " How easy is it for men to change their principles with their situations — to be zealous advocates for the rights of the citizens when they are invaded by others, and, as soon as they have it in their power, to become the invaders themselves — to resist the encroachments of pow- 42 THE EEPUBLIC. [1783. er when it is in the hands of others, and the moment they get it into their own, to make bolder strides than those they have resisted ! Are such men to be sanctified with the hallowed name of patriots ? Are they not rather to be branded as men who make their passions, prejudices, and interests the sole measure of their own and others' rights ? The history of mankind is too full of these melancholy contradictions." He closed with the following impressive observations : — " Those who are at present intrusted with power in all these infant repubUcs, hold the most sacred deposit that ever was confided to human hands. It is with govern ments as with individuals, first impressions and early hab its give a lasting bias to the temper and character. Our gov ernments hitherto have no habits. How important to the happiness, not of America alone, but of mankind, that they should acquire good ones ! If we set out with justice, mod eration, liberality, and a scrupulous regard to the constitu tion, the government will acquire a spirit and tone produc tive of permanent blessings to the community. If, on the contrary, the public councils are guided by humour, pas sion, and prejudice — if, from resentment to individuals or a dread of partial inconveniences, the constitution is slight ed or explained away upon every frivolous pretext — the future spirit of government will be feeble, distracted, and arbitrary. The rights of the subject will be the sport of every vicissitude. There will be no settled rule of con duct, but every thing will fluctuate with the alternate prevalency of contending factions. " The world has its eye upon America. The noble strug gle we have made in the cause of liberty, has occasioned a kind of revolution in human sentiment. The influence of our example has penetrated the gloomy regions of des potism, and has pointed the way to inquiries which may shake it to its deepest foundations. Men begin to ask ev- ^T. 26.] HAMILTON. 43 ery where, 'Who is this tyrant, tiiat dares to build his greatness on our misery and degradation ? What com mission has he to sacrifice millions to the wanton appetites of himself and the few minions that surround his throne V " To ripen inquiry into action, it remains for us to justify the revolution by its fruits. If the consequences prove that we have really asserted the cause of human happiness, what may not be expected from so illustrious an example ? In a greater or less degree, the world will bless and imi tate. " But if experience, in this instance, verifies the lesson long taught by the enemies of liberty — that the bulk of manldnd are not fit to govern themselves — that they must have a master, and were only made for the rein and the spur — we shall then see the final triumph of despotism over liberty. The advocates of the latter must acknow ledge it to be an ignis fatuus, and abandon the pursuit. With the greatest advantages for promoting it that ever a people had, we shall have betrayed the cause of human na ture I Let those in whose hands it is placed, pause for a moment, and contemplate with an eye of reverence the vast trust committed to them. Let them retire into their own bosoms and examine the motives which there prevail. Let them ask themselves this solemn question — Is the sac rifice of a few mistaken or criminal individuals an object worthy of the shifts to which we are reduced to evade the constitution and our national engagements ? Then let them review the arguments that have been offered with dispas sionate candour, and if they even doubt the propriety of the measures they may be about to adopt, let them re member that in a doubtful case the constitution ought never to be hazarded without extreme necessity." This glowing appeal, which repels all the allegations that Hamilton was the friend of arbitrary government — this appeal to the better sense of the people prevailed. 44 THE EEPUBLIC. [1788. " The force of plain truth," as the author observed, " car ried it along the stream of prejudice, and the principles it held out, gained ground in spite of the opposition of those who were either too angry or too much interested to be convinced." The bill, " declaring a certain description of persons without the protection of the laws," which Hamilton characterized as " an attempt to transfer the sceptre from the hands of government to those of indi viduals, to arm one part of the community against another, to enact a civil war," had passed. But its passage was fatal to the influence of those who had sustained it. The lessons of moderation and good faith which were inculcated, were soon found to be the lessons of true wisdom ; and instead of looking upon the return of the tories with alarm and discontent, the reflecting part of the public admitted that their wealth would be subservient to the interests of the community, and while they ac knowledged that their temporary influence might be preju dicial, were willing to confide our institutions to the irre sistible current of free opinions. These generous views extended rapidly. As the arts of peace advanced, the popular clamour gradually subsided, and the general sense of the country settled down in favour of the policy Hamilton had supported.* The spirit of plunder, originating with the violent and unprincipled, disappointed in its aims, now turned upon him with its fellest rancour. From that hour of honest * " The rising generation then just entering on the stage of action, readily imbibed those sentiments of temperate civil liberty, and of sound constitu tional law, whioh Hamilton had so clearly taught and so eloquently incul cated. The benign influence of such doctrines, was happily felt and retain ed through the whole course of the generation to whom they were address ed. I speak for myself as one of that generation, that no hasty production of the press could have been more auspicious." — Chancellor Kent's Eecol- lections. iEi. 26.] HAMILTON, 45 triumph, he was marked as the object of incessant calum ny. The sense of defeat, rankling in the breasts of the persecuting demagogues, united with other passions, and with the facility with which vicious sentiments usually as sociate, soon grew into an unscrupulous and unrelenting- hostility. But this feeling did not extend far. In all civiUzed so cieties the greater part are quiescent, and, as Hamilton observed, " were either for liberal or moderate measures, or, at most, for some legislative discriminations ; a few only were very violent ; the most heated were the warm adhe rents of the governor, and the objects of his peculiar pa tronage." They were rewarded for their intolerance — Hamilton was proscribed for his clemency. Of the personal animosity which his opposition to demo cratic tyranny had awakened, a painful instance is related. There existed at this time an evening club, composed of persons conspicuous in the prosecution of these attainders, some of whom had written in opposition to " Phocion," and who felt themselves the deserved objects of its just denun ciations. Early in an evening of this meeting, it was proposed that Hamilton should be challenged, and in case the first chal lenger should fall, that others should challenge him in suc cession. At this moment Ledyard entered the apartment, and, on hearing the proposition, broke out with loud indig nation. " This, gentlemen, never can be. What ? you write what you please, and because you cannot refute what he writes in reply, you form a combination to take his life. One challenges, and if he falls, another follows !" By this remonstrance the blow was suspended. Some time after, Hamilton, who had heard of the occur rence, was dining in company with Ledyard, when he was casually addressed as Mentor. He instantly arose, and taking him by the hand, exclaimed, " Then you, my dear 46 THE EEPUBLIC. [1783. sir, are the friend who saved my hfe." Ledyard replied, " That, you know, you once did for me." Of his professional efforts at this time, the traces among his papers are few and of httle value. The practice of reporting adjudicated cases had not obtained. Stenogra phy was unknown in America and the vestiges of the elo quence of the men whose genius embellished the infancy of our republic, are rare and imperfect. The recollections of a youthful contemporary* remark Hamilton's " clear, elegant, and fluent style, and command ing manner. He never made any argument in court with out displaying his habits of thinking, and resorting at once to some well-founded principle of law, and drawing his de ductions logically from his premises. Law was always treated by him as a science founded on estabhshed princi ples. His manners were gentle, affable, and kind. He appeared to be frank, liberal, and courteous in all his pro fessional intercourse." Referring to an important trial of this period, they state — " Hamilton, by means of his fine melo dious voice and dignified deportment, his reasoning powers and persuasive address, soared above all competition ; his pre-eminence was at once universally conceded."! He continued throughout this and the succeeding year deeply engaged in his professional labours, as to which he observed — "Legislative folly had afforded so plentiful a * Chancellor Kent. t Chancellor Livingston was the opposite counsel. On the brief in this cause the following pleasantry is found. • "Recipe for a good title in ejectment. Two or three void pa,tents. As many old ex-parte surveys. One or two acts of usurpation, acquiesced in for a time, but afterwards proved to be such. Half a dozen scripture allusions. Some ghosts, fairies, elves, hobgobhns, and a quantum sufEcit of eloquence." .Et. 26.] HAMILTON. 47 harvest,, that he had scarcely a moment to spare from the substantial business of reaping." But his mind was never wholly withdrawn from an at tention to tlie welfare of his fellow-citizens. The important Denefits which he had anticipated from an extensive system of banking, on its true principles, have been shown at an early period of his hfe. Could he have succeeded in establishing a well-organized general government, this would have been effected under its powers. But his expectations had been disappointed, and it was doubtful whether the union of the states would continue. Under these circumstances he determined to introduce a local bank, under franchises to be derived from the state. His attention appears to have been called to this sub ject by a friend, who, dissatisfied with the Bank of North America, proposed the estabhshment of a bank in New- York. While this was in contemplation, a plan of a land bank, of which another was the ostensible parent, but Chancel lor Livingston the originator, was projected, and a petition for an exclusive charter was addressed to the legislature. " I thought it necessary," Hamilton observes in a letter to his friend, " not only with a view to your project, but for the sake of the commercial interests of the state, to start an opposition to this scheme, and took occasion to point out its absurdity and inconvenience to some of the most intelligent merchants, who presently saw matters in a pro per light, and began to take measures to defeat the plan. "The chancellor had taken so much pains with the coun try members, that they began to be persuaded that the land bank was the true philosopher's stone, that it was to turn all their rocks and trees into gold ; and there was great reason to apprehend a majority of the legislature would have adopted his views. It became necessary to 48 THE EEPUBLIC. [1784. convince tne projectors themselves of the impracticability of their scheme, and to countervail the impressions they had made, by a direct application to the legislature,'' To carry this plan into effect, a general meeting* of the citizens of New- York was convened, at which McDougal presided, and half a million of dollars were subscribed. The constitution of the Bank of New- York, framed by Hamilton, was adopted, and he was chosen one of its direc tors, was chairman of the committee to prepare its by laws, and was occupied in devising a mode for receiving and paying out gold, which had been done elsewhere by weighing in quantities ; a practice attended with many evils, and for which, in the absence of a national coinage, it was difficult to find a substitute.! The abuses of the banking system of this country have rendered it an object of prejudice ; but he has thought lit tle of its infant condition, who cannot trace to these insti tutions the most important public benefits. Contemporaneously with them may be remarked the in troduction of those habits of punctuality, which, by giving stability to domestic, and, as a consequence, to foreign credit, were highly instrumental in raising the character of the nation and advancing its commercial prosperity. And in the same degree in which can be seen the early introduction into the different states of an enlightened system of banking on commercial principles, in the same ratio the relative advances of those states may be traced. A letter from La Fayette of this period invites attention * February 26, 1784. t The rates for the value of each foreign coin in circulation were fixed by the bank. A person was employed to regulate each piece according to the standard weight ; and an allowance or deduction of three per cent, was made on each gold piece, as it exceeded or fell short of that value. To give effect to this arrangement, the chamber of commerce, on the 4th of May, 1784, adopted a regulation fixing a tariff of values iET. 27.] HAMILTON. 49 to another subject. After mentioning an intended visit to the Prussian and Austrian armies, he wrote : — " In one of your gazettes, I find an association against the slavery of negroes, which seems to be worded in such a way as to give no offence to the moderate men in the southern states. As I have ever been partial to my brethren of that colour, I wish, if you are in the society, you would move, in your own name, for my being admitted on the list," This association, emanating from one previously formed in Philadelphia, was composed of individuals, of whom the most active were members of the society of Friends, At its second meeting Jay was chosen president, and a com mittee raised, of which Hamilton was chairman, to devise a system for effecting its objects. Believing that the influence of such an example would be auspicious, he proposed a resolution that every mem ber of the society should manumit his own slaves. He never owned a slave ; but on the contrary, having learned that a domestic whom he had hired was about to be sold by her master, he immediately purchased her free dom. Others found the theory of humanity lighter than the practice. This resolution was debated and deferred. Disgusted with the pretensions of persons who were un willing to make so small a sacrifice, he discontinued his attendance at these meetings. The condition of New- York at this time is summarily shown in a letter from him to a friend. " Discrunination bills, partial taxes, schemes to engross public property in the hands of those who have present power, to banish the real wealth of the state, and substitute paper bubbles, are the only dishes that suit the public palate at this time." WTiile the sphere of his political usefulness was limited by such counsels, Hamilton kept aloof from party contests with the secondary men, who succeeded to the great ac- VoL. Ill— 4 60 THE EEPUBLIC. [1784. tors in the revolution ; and aware that a strong necessity could alone change the unhappy tendency of the public mind, he was content to pause, and, as he beautifully ob served, " to erect a temple to time, to see what would be the event of the American drama," CHAPTER XXXIa, The failure of the imperfect union of the States either " to provide " prospectively " for the common defence," or " to establish justice," has been shown in the preceding narrative. Its utter incompetency " to promote the gen eral welfare," by the protection of the national industry, and of national rights, or " to ensure domestic tranquillity ; " thus failing, in every essential particular, " to secure " to the American people " the blessings of liberty," will now be seen. The policy to be pursued in their intercourse with other nations would, it may be supposed, early engage the attention of a people by position and habit necessarily commercial. Hence it is perceived that before the decla ration of independence. Congress had deliberated upon that subject. The result of these deliberations was such as was to have been expected under their circumstances. It was a resolution to open the ports of the colonies to the world, excepting the inhabitants, productions, and vessels of Great Britain, and East India tea. This purpose of placing each nation on the footing of " natives," it has been seen, was pro posed to France, but was relinquished, and that of the " most favored nation " adopted. This was also the basis of the treaties with Sweden and the Netherlands ; in the latter of which, provisions were made defining the state of block- 52 THE EEPUBLIC. [1788. ade, and securing to the people of either country " an en tire and perfect liberty of conscience," But what should be the terms of intercourse with Great Britain, was the most interesting question. Soon after Oswald had received his commission recog nising this country as an independent nation. Jay prepared the plan of a treaty of commerce, which he submitted to him. This plan proposed that it should be on the footing of " natives." The proposition being announced to con gress by FrankUn, was referred. Instructions were reported,* that " in any commercial stipulations with Great Britain," the commissioners were " to endeavour to obtain a direct commerce with all parts of the British dominions and possessions, in like manner as all parts of the United States may be opened to a direct commerce of British subjects ; or at least, that such direct commerce be extended to all parts of the British domin ions and possessions in Europe and the West Indies ;" and they were informed, " that this stipulation will be particu larly expected by congress," in case the footing of natives was admitted. Their attention was again called to this subject by a letter from Adams, in which, after reminding them of the revocation of his former powers, he urged the appointment of a resident minister at London ; and having referred to the injustice which would be done to him who was the first object of his country's choice, should any other be appointed, he indicates to that body the qualifica- tionsf necessary for an x\merican foreign minister gene- * By Madison. t " In the first place, he should have had an education in classical learn. ing, and in the knowledge of general history, ancient and modern, and par ticularly the history of France, England, Holland, and America. He should be well versed in the principles of ethics, of the law of nature and nations, of legislation and government, of the civil Roman law, of the laws of Eng land and the United States, of the public law of Europe, and in the letters, ^T. 26.] HAMILTON. 53 rally, and above all, to the court of St, James." This re markable despatch was referred to a committee of which Hamilton was chairman. His views on this subject had memoirs, and histories of those great men who have heretofore shone in the diplomatic order, and conducted the affairs of nations and the world. He should be of an age to possess a maturity of judgment arising from expe rience in business. He should be active, attentive, and industrious, and above all, he should possess an upright heart, and an independent spirit, and should be one who decidedly makes the interest of his country — not the policy of any other nation, nor his own private ambition or interest, or those of his family, friends, and connections — the rule of his conduct. " We hear so much said about a genteel address, and a facility in speaking the French language, that one would think a dancing master and a French master the only tutors necessary to educate a statesman. Be it remembered, the present revolution, neither in America nor Europe has been accomplished by elegant bows, nor by fluency in French, nor will any great thing ever be effected by such accomplishments alone. A man must have something in his head to say before he can speak to effect, how ready soever he may be at utter ance. And if the knowledge is in his head and the virtue in his heart, he will never fail to find a way of communicating his sentiments to good purpose. He win always have excellent translators ready, if he wants them, to turn his thoughts into any language he desires. " As to what is called a fine address, it is seldom attended to after a first or second conversation, and even in these it is regarded no more by men of sense of any country than another thing, which I heard disputed with great vivacity among the officers of the French frigate, the Sensible. The ques tion was, what were the several departments of an ambassador and a secre tary of legation. After a long and shrewd discussion, it was decided by a majority of votes, ' that the secretary's part was to do tbe business, and that of an ambassador ***** * .' This decision produced a laugh among the company, and no ideas of the kind wiU ever produce any thing else among men of understanding. " It is very true that it is possible that a case may happen, that a man may serve his country by a bribe well placed, or an intrigue * * * »' * * . But it is equally true, that a man's country will be sold and be trayed a thousand times by tliis infamous commerce, where it will be once served. It is very certain that we shall never be a match for European statesmen in such accomplishments for negotiation, any more than, I must and win add, they will equal us in any solid abilities, virtues, and application to business, if we choose wisely among the excellent characters with which our country abounds." — 7 D. C. 21. 54 THE EEPUBLIC. [1788. long been formed ; he was of the opinion that it ought to be " the basis of our commercial system not to make particular sacrifices, nor to expect particular favours." Though the advocate of a reciprocal freedom of com merce, it has been seen that he was fully sensible of the importance of the power of protecting the peculiar inter ests of a community where, from the previous colonial restrictions, there was little diversity in the pursuits of industry. But the powers of the confederacy were inadequate to this object, the policy of England was not developed, and, until those powers were enlarged and that pohcy disclosed, he felt that a temporary arrangement would be most ex pedient. Under this conviction, and not satisfied by the despatch from Adams, of the wisdom of intrusting to him the sole conduct of so important a negotiation, he reported a reso lution* that Franklin and Jay should be empowered with him, or either of them in the absence of the others, " to en ter into a treaty of commerce between the United States of America and Great Britain, subject to the revisal of the contracting parties previous to its final conclusion ; and in the mean time, to enter into a commercial convention to continue in force one year," and " that the secretary for foreign affairs should lay before congress, without delay," a plan of a treaty of commerce, and instructions to be transmitted to the commissioners. This plan proposed a direct commerce with Great Brit ain, except as to such articles, the importation or exporta tion of which might be prohibited in all her dominions, excepting the territories of the East India and Hudson's Bay companies ; the subjects of Great Britain paying the same duties in the United States as the citizens of the * May 1, 1783. iEi. 26.] HAMILTON. 55 United States paid in Great Britain, and which were not to exceed those paid by the most favoured nations, — par ticipating in any concession freely, if freely made, or if conditional, allovring a similar compensation. In neither country were the citizens or subjects of the other to be regarded as aliens, except as to an exemption from military duty. The plan* being referred on the nineteenth of June, instructions to the envoys were reported. They strong ly urged the articles as to a free commerce, on the ground that the immunities offered to British subjects, particu larly those permitted to settle in the United States, were a full equivalent, as they would probably direct their trade into such channels as England would prefer. If these terms could not be obtained, others as similar to them as possible were to be obtained, and they were di rected " to bear in mind that the great leading object of these states, was to find the West India market open for their own produce, and to be permitted, as far as possible. * Madison to Jefferson, May 13, 1783. — "A project for a treaty of com merce with Great Britain has been reported by the secretary of foreign affairs, and is now in the hands of a committee. The objects most at heart, are — first, a direct trade between this country and the West Indies ; secondly, a right of carrying between the latter and other parts of the British empire ; thirdly, a right of canying from the West Indies to all other parts of the world. As the price of these advantages, it is proposed that we shall admit British subjects to equal privileges with our own citizens. As to the first object, it may be observed, that the bill lately brought into the British par liament, renders it probable that it may be obtained without such a cession , as to the second, that it concerns the eastern states chiefly ; and that as to the third, that it concerns them alone. Whilst the privilege to be conceded, will chiefly, if not alone, affect the southern states. The interest of these, seems to require that they should retain, at least the faculty of giving any encour agement to their o^vn merchant-ships or mariners, which may be necessary to prevent a relapse under Scotch monopoly, or to acquire a maritime im portance. The eastern states need no such precaution." — Madison Papera, vol. 1, p. 531, 56 THE EEPUBLIC, [1783, to be the carriers of theirs." The trade of the coast of Africa, and permission to cut wood in the bay of Hondu ras, were indicated as desirable. They were to represent as inducements to the grant of these advantages, that un less these channels were opened to America, she would be without the means of paying for the manufactures requi red, and be compelled to manufacture for herself But if a market was given for her raw materials, agriculture, and not manufactures, would be encouraged. They were in no event to conclude any treaty, unless the trade with the West Indies was placed on its former footing. It was not to be definitive until approved by congress, but a conven tion on these principles might be entered into, to endure one year. The expediency of making an admission to the West India market an indispensable condition, was doubted. It was still " a fundamental law of Europe, that all commerce with a foreign colony shall be regarded as a mere monopoly,"* That a nation so fenced in by monopo lies, and which then considered it as a cardinal maxim to secure to herself the exclusive trade of her colonies, would relax in favour of the United States, so recently revolted, was little to be expected. Indeed, the people of this coun try did not, at the beginning of the revolution, expect it. In the address of congress to the inhabitants of Great Brit ain, made in seventeen hundred and seventy-five, they de clared, " We cheerfully consent to such acts of the British parliament as shall be restrained to the regulation of our external commerce, for the purpose of securing the com mercial advantages of the whole empire to the mother country, and the commercial benefit of it to its respective members," Under these considerations, and unwilling to interpose * Montesquieu, liv 21, cap. 17, ^T. 26.] HAMILTON. 57 so serious an impediment to a treaty, and, on the part of some, to recognise the pohcy that America was to continue a merely agricultural nation, this resolution was postponed. In the ensuing month,* the minister of France anxious to secure to his country a monopoly of the American trade, announced to congress that he would not sign a treaty but in concert with the United States, and at the same time condemned " the too precipitate admission of British vessels into the American ports." The statesmen of England had, in the mean time, also been occupied with this subject. It has been seen, that while the party which plunged their country into this dis astrous conflict — still clinging to the hope of recovering their popularity, by soothing the pride of the nation, and obedient to the prejudices of the monarch — shrank from the express acknowledgment of independence, their oppo nents, during the brief ascendency of Fox, whose enlight ened mind was governed by an enlarged philanthropy, t(^ok a different view. He contended that it became the British government to tender an absolute, unconditional acknowledgment of inde pendence in the first instance, as a measure not less due to her national character, than prompted by her best interests. Similar difference of opinion existed as to the policy which ought to govern the commercial relations of the two coun tries, William Pitt, asserting the power of his high abflity over the councils "of Great Britain", warmly advocated a liberal system, " It was a matter of joy to him," he de clared, "that America had accepted the recognition of her independence as the price of peace. It was a solid foundation, on which future union with that country might be framed. It was his belief, that both nations would still be connected in interest as well as friendship," » July 21, 1783. 68 THE EEPUBLIC. [1788. Fox, contemplating an open trade between the two countries, moved to bring in a bill preventing the requir ing any manifest or other document from vessels of the United States, entering thence into British ports, or clear ing in British for their own ports. The commanding prospective views of these great statesmen were approved by a large body of the mer chants. But the bill was opposed in every stage of it by the navigating interest, as an infraction of existing treaties ; as a violation of the policy of the navigation act, which, it was contended, by the terms of the settlement with Ireland, would have been wholly repealed, as respected that kingdom, if repealed in any particular affecting Eng land ; as a measure unequal in its operation on different parts of the empire, and not warranted by the spirit of the treaty between the United States and France. It was the appeal of established opinions to national prejudices ; an appeal rarely unsuccessful, Jenkinson approved the pol icy, but objected to the bill, Eden, beside its conflict with the act of navigation, declared it would open to the United States the whole carrying trade to the West Indies, and moved an amendment to give to the crown for a limited time, certain powers for the better carrying these purposes into execution. Though Shelburn opposed, this amend ment prevailed, and the crown was authorized to make temporary regulations. The pohcy of these regulations obviously was to mo- nopohze the navigation. In the direct trade between the West Indies and England, the tropical products were bulky, and required a large tonnage. The wants of the islands only gave small outward freights. It was intended to supply these by the carriage to the United States, thence to the West Indies, and from the West Indies, by a return cargo, to the mother country. ^T. 26.] HAMILTON. 59 The course of the negotiations on the part of England partook of the fluctuations in her councils. Not lono- after the signature of the preliminary articles, the king of England instructed Hartley to negotiate a treaty of commerce with the United States. This informality was objected to, and he was subsequently duly commis sioned. A proposition* for a temporary convention, author izing a mutual intercourse on the footing of "natives," was made on behalf of this country, England declined assenting to it. Hartley then offered to place the trade of the two countries on the same basis as that upon which it had existed before the war ; but excluding American citi zens from a direct intercourse between the British West Indies and the mother country. This also proved to be unauthorized, and no further instructions were given. The British ministry, acting on the power of regulation recently conferred upon them, issued two proclamations ; the first of which restrained the importation of the pro duce of the United States to British vessels, navigated according to her laws, or to vessels belonging to the state of which the cargo was the produce ;t and the other, in effect, absolutely prohibited American vessels or citizens from trading to the British colonies. Convinced that no advantage could be derived from longer delay, the defini tive treaty of peace, which was a copy of the provisional articles, was signed on the third of September, seventeen hundred and eighty-three. Soon after this event, copies of the recent proclamations were received by Congress from their ministers, who an- * The article submitted by Jay proposed to exclude the importsition of f Several staples of the United States were also excluded, even in British bottoms. 60 THE EEPUBLIC. [1783, nounced propositions for entering into treaties by several leading European powers. The conduct of England was supposed to indicate the importance of such treaties, and instructions were passed, declaring the principles on which these negotiations should be commenced. They were to have for their basis the mutual advantage of the contracting parties, on terms of equality and reciprocity, and not to be repugnant to their existing treaties. The report of June, as to the terms of a treaty with Great Britain, was thus superseded. These resolutions passed on the twenty-ninth of Octo ber, eighty-three. This may be regarded as the closing event of the Amer ican revolution. With some things to regret, as in all hu man affairs, there is much to admire and much to applaud in its character and conduct. The scene now changes. Without honest counsels or wise concert for the common weal, selfish passions and selfish purposes are beheld in sad ascendency, marring every great public interest, tiU Washington wrote, " to be more exposed in the eyes of the world, and more contemptible, than we already are, is hardly possible," On the third of November, a new Congress assembled at Princeton, when, seven States being represented, a President was chosen, and the next day Jefferson took his seat. The prominence he had already attained, and the still greater prominence he subsequently attained, render a brief recurrence to his past career not inappropriate. His father, Peter,* was of Welch extraction, and as his ancestry is not traced, probably little of it was to be known. He commenced life as a millwright, then becom- * These facts are all derived from his biographers, George Tucker, and H. S. Randall. ^T.26.] HAMILTON, 61 ing a surveyor, he selected a body of land, plain and hill side, near the gap of the Rivanna, and obtained a patent. This, then frontier tract, marked with the recent trails of Indians, he called " Shadwell." On this spot, subsequently known as " Montecello," was born, in the year seventeen hundred and forty-three, Thomas Jefferson, his mother being of the influential family of the Randolphs. Though of limited means, his father wisely gave him all the ad vantages of education, at that time to be commanded in Virginia. From school he passed into the college of William and Mary, where he acquired the mathematics and classics, in neither a proficient, Wilhamsburgh being the seat of government, Jefferson was admitted to the society of Governor Fauquier,* alleged to have had upon him an unhappy influence. Here he probably formed the easy, flexile manners which served him much in after life, and caused to be forgotten an appearance not well favored,t On reaching manhood, he became a practitioner of law ; and, at six-and-twenty, was elected by his native county to the House of Burgesses. There he took little part in debate, owing to a physical infirmity,^ of long duration, but became distinguished for his pen. Thus, when the political storm was rising, the resolutions for a committee of correspondence are ascribed to him. Being asked to propose them, he dechned the honor.§ A con vention of the State soon after met, when he was selected to draw instructions for the delegates to Congress, Fall ing sick on the way, he was not present, and his instruc tions were not presented, * A disciple of Shaftesbury and BoKngbroke. — Randall, i. 31. t Tucker thus describes him, vol. i. p. 29 : " He was tall, thin, and raw- boned, had red hair, a freckled face, and pointed features." X Randall, i. 50. " His voice began to sink in his throat." § Tucker, i. 52. 62 THE EEPUBLIC. [1783. Early in seventy-five, he was elected a deputy-substi tute, in case Peyton Randolph should not attend, to the second Congress, where he took his seat, and prepared part of one of its most important documents— a declara tion of the causes of taking up arms.* On the eleventh of August, seventy-five, he was chosen a full member of Congress, Fourteen days after, the convention of Vir ginia having resolved to raise a regular force, and to em body its militia, Jefferson addressed a private letter to a kinsman, the Royal Attorney-General, " who, taking sides with the government, was about to leave Virginia for England,"f In this letter, he avowed that he " would rather be in dependence on Great Britain, properly limited, than on any nation on earth, or than on no nation,X a pre dilection repeated by him to the same loyal officer, not long after,§ These letters have been variously interpreted. | A month later, on the twenty-eighth of December, he withdrew^ from Congress, and regardless of the great in tervening measures preparatory to war, and of its being actually authorized by that body,** he did not resume his seat until the middle of the following May, Virginia, at this time, preconcerting independence, left him no option but to return. Congress, acting directly on the instructions of that State, resolved on independence, and he was appointed * Tucker, i. 78. \ John Randolph.— ibid. i. 84, 85. X Randall, i. 122. § Nov. 29, 1775. II Lee's Observations, 239. Randall, i. 121. K We are not able to state positively the occasion of this absence, but the presumption would seem to be that it finds its explanation m the antecedents of the fact thus stated in his pocket-book account: "March 31, 1776— My mother died about eight o'clock this mommg." ** March 23, 1776. ^T. 26.] HAMILTON. 63 chairman of a committee to prepare a declaration of it, which duty, it has been seen, he ably performed. A new Congress was chosen to conduct the operations of the war. Jefferson, being elected a member declined, and on the second of September, when the tidings reached Philadelphia of the defeat at Long Island, and the retreat of the army, forgetting the recent public pledge of " his life and f6rtune, and sacred honor," he eesigned his seat in Congress, and " the next day set out for Vii-- ginia. '• It cannot but be regarded as a sad fact in the history of this republic, to which all time must point derisively and with sorrow, that two men, Jefferson and Adams, so prominent as to be charged with the Declaration to the world of American Independence, deserted their posts at its most trying crisis, thus discouraging the people, and encouraging the enemy. Had other leaders been of like temper, the result inevitably must have been, not a revo lution full of glories and of blessings, but a short-lived, craven, abortive rebelhon. All the circumstances con sidered, in vain will a parallel be sought. Escaped from the scene of conspicuous, imminent dan ger, Jefferson, in October, took his seat again in the House of Burgesses, of which he continued a member part of three successive years. There, his presence was soon felt in the introduction of bills, parts of a comprehensive and * Randall, i. 198. Memoir by Jefferson, Works, i. 29. " Our delegation had been renewed for the ensuing year, commencing Aug. 11, but the new government was now organized, a meeting of the legislature was to be held in October, and I had been elected a member by my county. / hnew that our legislation, under the regal government, had many very vicious points which urgently required reformation, and I thought I could be of more use in forward ing that work. I therefore retired from my seat in Congress on the 2d of Sep tember, resignedit, and took my place in the legislature on the 7th of October." 64 THE EEPUBLIC. [1788. important system of legislation, and in the revision, with " able coadjutors," of the existing laws. On the first of June, seventy-nine, he was, as has been related, elected Governor by the legislature. His delin quency in the fulfillment of its duties, before partially disclosed, but of which fuller evidence exists, has been shown. Defending himself as to almost every other period of his history, it would seem remarkable that he should have left this part of his story to a foreigner, tracing it in secrecy under his own eye,* But his own brief post humous allusion to it is not to be mistaken. " From a belief," he states in a memoir of his life, " that, under the pressure of the invasion under which we were then labor ing, the public would have more confidence in a military chief, and that the military commander, being invested with the civil power also, both might be wielded with more energy, promptitude, and effect for the defence of the State, I resigned the administration at the end of my second year, and General Nelson was appointed to suc ceed me." Were it a question of military capacity, this plea might have served ; but it was a point of honour, of personal courage, of fidelity to his station, and to his State. What is this but a cry for quarter ? unmanning him self by the poor excuse, that he was not educated to the command of armies. Of the heroes of the revolutionary war, how many had been educated to arms ? Were Prescott and Warren, Knox and Pickering, Greene and * Mr. Girardin, " who wrote," Jefferson relates (Works, i. 41), " his con tinuance of Burke's history of Virginia, while at Milton, in this neighborhood, had free access io all my papers, while composing it, aud has given as faithfiil an account as I could myself. For this portion, therefore, of my own life, I re fer altogether to his history.'' .^T. 26.] HAMILTON. 65 Olney, Smallwood and Howard, Lee and Morgan, Gra ham and Marion, soldiers by education ? Did they wait to be sohcited, importuned, besought to incur hazard for their country ? or did they rush foremost and onward,. seeking, soliciting posts of danger ; and by their example, making posts of danger — posts to be sought, sohcited above all others, by the brave of their countrymen, rich and poor, old and young, educated and untaught, clergy and laity, even by its women ? Jefferson makes no defence, demands no investigation. His absolution by the legisla ture, of which he was a member, was. the absolution of a penitent, granted twelve months after the offence, in most guarded terms — not an acquittal from charges preferred, for they were smothered. Knowing its little value, this absolution did not content him. Though remaining a member of that body, he did not attend its ensuing session. His 61^ve, Monroe, also a member, urges his presence. His reply shows not the indignant sense of undeserved dishonor, but his humiliation and his shame, talks of satisfied ambition, his passion for private life, and " mental quiet," of his consultation of what best suited self; and admits his consciousness of universal condemna tion. " Before I ventured to declare to my countrymen my determination to retire from public employment, I exam ined well my heart to know whether it were thoroughly cured of every principle of political ambition, whether no lurking particle remained which might leave me uneasy, when reduced within the limits of mere private life. I became satisfied, that every fibre of that passion was thoroughly eradicated. I examined also, in other views, my right to withdraw, I considered that, by a constant sacrifice of time, labor, parental and friendly duties, I had, so far from gaining the affection of my countrymen, which Vol. Ill— 5 6G THE EEPUBLIC. [1783. was the omy reward I ever asked or could have felt, even lost the small estimation I had before possessed. (That, however, I might have comforted myself under the disap probation of the well meaning, but uninformed people, but that of their representatives was a shock on which I had not calculated.) But, in the meantime, I had been suspected in the eyes of the world, without the least hint then or afterwards, being made public, which might restrain them from supposing, that I stood arraigned for treason of the heart, and not merely weakness of the head ; and I felt that these injuries, for such they have been since acknowl edged, had inflicted a wound on my spirit which will only be cured by an all-healing grave," * Ere six months had elapsed, f being appointed, on the motion of Madison, as previously stated, a commissioner to join in the pending negotiation at Paris, he repaired to Philadelphia. He had 'declined a mission in seventy-six, instituted to obtain the all-important aid of France. :]: Again appointed, early in eighty-one, he again declined. It was now stated in his behalf, that a recent domestic calamity had probably changed his sentiments that " all the reasons for his original appointment still existed, and had acquired additional force, from the improbability, that Laurens would actually * May 20, 1782. Yet Madison wrote hun, January 15, 1782 : " Your favor of the — day of — , written on the eve of your departure from Rich mond, came safe to hand by the last week's post. The result of the attack on your administration was so fully anticipated that it made Utile impression on me." f Nov. 12, 1782. X Jefferson's Works, i. 41. The quotation in note, vol. ii. 469, is erro neously referred to his second declension. This error is, however, of no moment, as Jefferson writes on the same page, " The same reasons obliged me still to decline." iET. 26.] HAMILTON, 67 ussist in the negotiation." * This appeal prevailed.-f But a summary superseding of Laurens, from pecuhar circum stances, must have been offensive to a generous mind ; and advices from Europe rendered welcome a resolution, which passed, that Jefferson " must not proceed on his in tended voyage, until further instructions." Owing to the same cause which had before deterred him, " the vigilance of British cruisers," his departure was delayed, and, intel ligence being received of the conclusion of the Provisional treaty, Hamilton, as chairman of a committee, reported on the first of April, eighty-three, " that the object of his ap pointment was so far advanced as to render his services no longer necessary." J This report, made solely on adequate public grounds, being slightly modified, was accepted. As Jefferson never forgave any man, by whom he was thwarted in a favour ite object, it may well be supposed, that the source of this disappointment would not be forgotten. The dissatisfac tion would not be less, if Jefferson believed that Hamilton's knowledge, as a member of Washington's staff, and as the friend of Steuben, of his delinquency in Virginia, had increased his disinclination to confide to him the great, pregnant interests of the country. He had penetrated Jefferson's tendencies, and felt assured that the negotia tion was " in good hands." * Madison's Debates, i. 196. ¦\ Dee. 30, 1782 : " Mr. Jefferson arrived here on Friday last, and is indus triously armj«(;f himself for the _^eH of negotiation. The commission issued to Mr. Oswald impresses him with a hope that he may have nothing to do on his arrival but join in the celebration of victory and peace. Congress, however, anximisly espouse the expediency of his hastening to his destination." March 11, 1788, "Mr. Jefferson is still here agitated, as you may suppose, with the suspense in which he is Tcept. He is anxious as myself, for your going into the legislature." — Madison to Edmund Randolph, Debates, i. 495, 514. X Vol. i. 25, Hamilton's Autograph, Department of State. 68 THE EEPUBLIC. [1788. A mission to Europe was still Jeflferson's absorbing de sire. No mode of attaining it was more probable than his again being seated in Congress. He returned forth with to Virginia, This was the time for oblivion, and blandishment, and sohcitation. The men of real firmness, mourning over the disgrace he had brought upon the state, had retired to their distant homes. New men were in the political field in the hands of skilful managers, Edmund Randolph, his kinsman, was then attorney-gen eral, James Monroe, his former pupil, was a member of the Burgesses. Madison, bound as with a spell under his influence, retired from congress to give him place. At this moment of languor and of weakness, when this wan ing body was almost mocked, when the confederation was approaching its dissolution, Jefferson was proposed, as it would seem, to witness its expiring hours. He was chosen a delegate, conjointly with Monroe,* on the sixth of June ; and on the second day of its session, after an interval of more than seven years, took his seat in a council over which MifHin was elected to preside, and where Gerry was almost a leader. Two days after, Congress was adjourned to meet at Annapolis, the capital of a state, whose statesmen never shrunk from danger, and whose soldiers would not retreat. Here a quoruin was not formed until the thirteenth of December, on which day seven states were represented, A week after, Washington arriving, announced to con gress his intention to ask leave to resign his commission, "desiring to know their pleasure in what manner it will be most proper to offer his resignation, whether in writing, or at an audience." On Tuesday the twenty-third, he was admitted to a public session. "' Their colleagues were, S. Hardy, Arthur Lee, and John Francis Mercer. ^T. 26.] HAMILTON. 69 Ere this auaience took place, on tne morning of this day, Washington performed one of the most graceful acts of his life. Nearly twelve months before, Hamilton re ported resolutions to congress, declaring " that the sacrifices and services of the Baron de Steuben, justly entitle him 'o the distinguished notice of congress, and to a generous compensation." The old baron, as Hamilton affection ately called him, was suffering from the impoverishment of the nation. Poor himself, and almost without hope, he was waiting a remote justice, the delay of which the veteran could with difficulty comprehend. Washington wrote to him : " Although I have taken frequent opportunities, both public and private, of ac knowledging your great zeal, attention and abilities, in performing the duties of your office ; yet I wjsh to make use of this last moment of my pubhc life to signify, in the strongest terms, my entire approbation of your conduct, and to express my sense of the obligations the public is under to you, for your faithful and meritorious services, I beg you will be convinced, my dear sir, that I should rejoice, if it could ever be in my power to serve you more essentially than by expressions of regard and affec tion ; but, in the mean time, I am persuaded you will not be displeased with this farewell token of my sincere friend ship and esteem for you. This is the last letter I shall write, while I continue in the service of my country. The hour of my resignation is fixed at twelve to-day ; after which I shall become a private citizen on the banks of the Potomac, where I shall be glad to embrace you, and tes tify my great esteem and consideration." At the appointed hour, Washington entered the hall of congress, conducted by its secretary, and took his seat. The scene had a simple, touching grandeur, which military and civic pomp would have lessened. 70 THE EEPUBLIC. [178a. The presence of a few ladies of distinction, of the functionaries of Maryland and of a few general officers, compensated for the absence of many members of that body, only twenty delegates being present, who received him, as was the usage on such occasions, seated and covered. After a pause, the president informed him that the United States, in congress assembled, were prepared to receive his communications. The retiring soldier was now in his fifty-second year. His hair a little gray, his light blue eyes, fair florid cheeks spoke his Enghsh descent. His serene, solemn countenance told of past solicitudes and toils, while his modesty showed that temptation had left him without leaving a sigh behind, conscious virtue appearing in virtue's proper garb. He arose conspicuous for his tall, manly form, and with a majestic dignity no crowned head, under " emblazoned canopy," * amid all the splendour and surroundings of imperial retinue, ever sur passed, briefly addressed the council of the nation : " The great events on which my resignation depended, having at length taken place, I have now the honour of offering my sincere congratulations to congress, and of presenting myself before them, to surrender into their hands the trust committed to me, and to claim the indulgence of retiring from the service of my country. Happy in the confirma tion of our independence and sovereignty, and pleased with the opportunity afforded the United States of becom ing a I'cspectable nation, I resign with satisfaction the appointment I accepted with diffidence in my abilities to accomplish so arduous a task ; which however was superseded by a confidence in the rectitude of our cause, the support of the supreme power of the Union, and the * Prescott's Philip the Second, i. ii. ^T. 26.] HAMILTON. 71 patronage of heaven. The successful termination of the war has verified the most sanguine expectations ; and my gratitude for the interposition of Providence, and the assistance I have received from my countrymen, increases with every review of the momentous contest. While I repeat my obligations to the army in general, I should do injustice to my own feehngs, not to acknowledge in this place, the peculiar services and distinguished merits of the gentlemen who have been attached to my person during the war. It was impossible the choice of confidential ofiicers to compose my family should have been more fortunate. — I consider it," he added, " an indispensable duty, to close this last act of my official life by commending the interests of our dearest country to the protection of Almighty God, and those who have the superintendence of them to his holy keeping. Having now finished the work assigned me, I retire from the great theatre of action, and bidding an affectionate farewell to this august body, under whose orders I have so long acted, I here offer my commission, and take my leave of all the employments of pubhc hfe," Under the moving influence of female tears, the Pres ident replied, acknowledging " his wisdom and fortitude, invariably regarding the rights of the civil power through all disasters and changes." — " Having defended the stand ard of liberty in this new world," he remarked, " having taught a lesson useful to those who feel oppression, you retire from the great theatre of action, with the blessings of your fellow-citizens, but the glory of your virtues will not terminate with your military command ; it will con tinue to animate remotest ages." This duty performed, Washington repaired, unat tended, to Mount Vernon. " He was, perhaps, the only man who ever conducted and terminated a civil war. 72 THE EEPUBLIC. [1783. without having arawn upon himself any deserved cen sure," is the just tribute of a companion in arms to his excelling virtue.* It may, indeed, be truly said, that he was the only man into whose mind, with a devoted army and amid an idolizing people, the wish of increased or prolonged power never entered. This ceremony being concluded, congress adjourned, and such was the remissness of the members, that not withstanding a call upon the States, urging the necessity of ratifying the definitive treaty, a meeting of nine States wias not had until the fourteenth of January, when the treaty was definitively ratified, and a resolution was adopted, recommending the restitution of confiscated property, A provision for the interest on a part of the debt was brought under consideration the following day, by a me morial from the holders of loan-office certificates, when a declaratory resolution was adopted, that they were not subject to depreciation, A representation by the foreign officers, not attached to the state lines, of the hardships incurred by them from being paid in depreciated paper, was soon after communicated, and directions were given to the superintendent of finance to pay them such sums, on account of their pay, as would relieve them from their embarrassments, and enable them to return to Europe, With the exception of the acceptance from Virginia of a cession of her western territory,! nothing * Memoires de Segur. f The deed of cession contained this provision — " That all the lands within the territory so ceded to the United States, and not reserved for, or appro priated to any of the before mentioned purposes, or disposed of in bounties to tho officers and soldiers of the American army, shaU be considered as a com- ¦mon fund, for the use and benefit of such of the United States, as have be- iEi. 27.] HAMILTON. 73 of moment, owing to the continued remissness of the dele gates, was done until the month of April, when the grand committee, of which Jefferson was chairman, presented a report on the finances. This document — after exhibiting an account for the interest on the debt, and the current services of the year seventeen hundred and eighty-four, ctf five millions four hundred and eighty thousand dollars, and referring to the resolutions of the last congress for the establishment of an impost, the delay of which rendered other measures necessary for the discharge of the debt — proceeded to represent, that as to twelve hundred thousand dollars of interest, it was not embraced in the account, because as the requisition of seventeen hundred and eighty-two had given hcense to the states to apply the requisite part of their quotas to the payment of interest on the loan office, and other liquidated debts of the United States, they supposed that the " actual payment of these quotas had been uncommunicated to the office of finance." It then urged, that the United States should communicate to that office the amount paid, and hasten the collection of the residue. It next inquired, whether any surpluses re mained of former requisitions ; and in this inquiry, pro ceeding on the ground that for part of those requisitions certificates were received, which were transferred to the fund proposed to be raised by the impost, the result was arrived at, that a surplus remained exceeding five and a . half millions of dollars, which surplus it was proposed to apply to the existing demands ; in order to prevent any new requisitions, not a sum equivalent to these demands, come or shall become members of the confederation or federal alliance of the said states, Virginia inclusive, according to their several respective propor tions in the general charge and expenditure, and shall be faithfully and hona fide disposed of for that purpose and for no other use or purpose whatsoever." This deed was executed, March 1, 1784, by Jefferson, Lee, Hardy, and Monroe, 74 THE EEPUBLIC. [1784. but from a regard to the " exhausted state of the country," three-fourths of it. The "abler states" were then " encouraged" to contrib ute as much more as was practicable, to be applied to the payment of the interest and principal of the debt, and to be credited in future requisitions ; and an assur ance was given, that before any further demands should be made, a revision of the quotas of the states would be had. By this scheme, the amount to be required was reduced to about four and a half millions. To give further facilities to the states, it was proposed, that one half of this sum should be called for in money ; that the other moiety, being tli*e interest on the domestic debt, should be met by discounts of interest with the domestic creditors, for which, trans ferable certificates were to be issued, receivable in lieu of money, A proposition of McHenry, to refer this report to the superintendent of finance, was negatived, and on a subsequent day, a motion was made by Jefferson to re duce the amount to be collected from three-fourths to one half of the original sum, which, though defeated on the first vote, prevailed after protracted and frequent de bates. This report was ultimately adopted ; and although it had admitted that nearly five milhons and a half were neces sary for the current service, the amount required by it was reduced to a little more than two and a half millions . of dollars, a measure that left a large sum of interest un provided for, which was raised by the succeeding con gress. This was a complex affair. By preventing col lisions as to the respective quotas of the states, and by imposing upon a future congress the irksome office of de manding increased contributions, it was better adapted to secure a temporary popularity, and to subserve personal jSt. 27.] HAMILTON. 75 objects, tnan to discharge the public engagements, or to promote the public welfare.* The refusal to refer this report to the superintendent of finance, is indicative of the relations between that officer and this congress. He soon after resigned his office, and his powers were consigned to a new board of treasury. While this subject had in part occupied their attention, a plant "^^® discussed for the government of the western territory, and principles were estabhshed on which, when sufficiently peopled, it should be formed into subdivisions, to be admitted as members of the confederacy. The re- * In a letter from Rufus King, a delegate in the succeeding congress, to Gerry, it is observed : " The recommendation of the twenty-seventh April, seventeen hundred and eighty-four, is the source of great embarrassment. Congress thereby declare, that they will not call for further moneys until the states have all paid up former deficiencies ; and they engage to credit ad vances over the moiety of tlie eight millions of doUars in the next requisition. The recommendation of last year, which is a very complex affair, also states, that before the residue of the eight and two millions of dollars, not thereby called for, should be required, congress would revise the rule of apportion ment, and make it conformable to justice, upon the best evidence in their power at the time. South Carolina, in the apportionment of the eight mil lions, stands at the same sum as New-Hampshire. Revise the rule, and con form it to justice, and South Carolina will stand at a larger sum, and other states at a less. This is what I contend for ; and if it succeeds, we shall bring in South Carolina. Indeed, it may be questionable whether we ought not to reconsider the recommendation of last year on this subject, and to en join it upon the states to comply with the expectations of congress, in paying a moiety of the quotas of the eight millions last year required, and make a new requisition for the moneys necessary for the present year, without refer ence to former requisitions. It will be the occasion of confusion and intrica cy, if every new requisition upon the states for money is to operate as a balance-hill to aU preceding demands." t Jefferson's plan, dated March 1st, 1784, proposed that each state should comprehend two degrees of latitude, divided by north and south parallels, and that they should be named Sylvania, Michigania, Chersoncsus, Assinipia, Metropotamia, Ihinoia, Saratoga, Washington, Polypotamia, Pelisipia, and should become states as soon as each contained 40,000 souls. 76 THE EEPUBLIC. [1784. port was from Jefferson, Chase, and Howell, It is to be remarked, that it embodied a proviso for the exclusion of slavery in the contemplated states, after the commence ment of the nineteenth century, which, though sustained by the votes of all (but the southern states,) and by those of Jefferson and Wilhamson, was expunged.* This report is a remarkable event in the history of its author. It con templated an exercise of the highest powers of govern ment ; nothing less than the creation of independent states ; their admission as members of the confederacy, and the determination of the conditions of such admission. But it was an exercise of powers not delegated to the confederation ! " All this was done without the least col our of constitutionaJ authority ; yet no blame was whisper ed, no alarm sounded. The pubhc interest, the necessity of the case, imposed upon Congress the task of overleaping their constitutional authority,"! The cession by Virginia of the vast territory she claimed as her own, questionable as was her claim, is seen to have been a matter of highest interest to all but the three most southern states. New England looked to it as the region where her industrious population would find an ample home with their spires and their school-houses amid its open glades and mighty forest wilds. New York saw the importance of adjusting the great question of ter ritorial rights ; and all the states, Virginia excepted, re garded it as " a common fund " to discharge the debts and to provide for the necessities of the confederacy, Mary land is seen to have withheld her assent to the articles of confederation, waiting, insisting, on this cession. * The expunging vote was on the 19th of April, 1784. — Journal, iv., 373. \ Such was the charge, and such the defence. — Federalist, No. 38, by Madison. JilT. 27.] HAMILTON. 77 Thus Jefferson, in the act of executing this grant, could not have performed a more grateful office. The plan, reported by him, for the government of the ceded territory, ere long repealed because of its incon venience,* in the exclusion of slavery, is seen, by the vote, to have had a large acceptance, — while the proposed re duction of the demands of the Treasury, fallacious as it was, was welcome to men, blind to, or paltering with their duty. In public affairs nothing is more replete with danger than a want of decision ; and no maxim is more frequently present in the history of the United States than that briefly uttered by Hamilton, — "Decision is true wisdom." The proceedings stated were all of a sort to smooth the way to the gratification of Jefferson's chief desire. The events of the last year had shown that every effort to conclude a commercial treaty with Great Britain, had been vain, and if France could have been previously in duced to adopt a more liberal policy, the negotiations for the treaty of peace had dispelled every hope of that kind. The previous Congress had, in conformity with Hamilton's views, dissuaded a multiplication of pacts with foreign na tions, until the confederacy should have been invested with an efficient control over its members, and until time and experience should have indicated what system of reg ulations would best promote the permanent interests of the United States, But the recent overtures were to be met, and when the field of ambition was so circumscribed at home, nothing could be more attractive than the position of determining the foreign relations of this youthful em pire ; nor more enchanting to a visionary mind,' than the attempt to overturn at once the prevailing maxims of Eu ropean diplomacy, and to substitute an universal system of * Curtis, ii., 344. 78 THE EEPUBLIC. [1784. free trade. The mode adopted to obtain this object was as certain to result in failure, as the object was at that time hopeless. It was a novel idea, and had an imposing air, to establish a central commission at Paris, whither the na tions of Europe might resort, to ask a participation in the commerce of the new world. Should the dignity of Brit ain scorn, or the pride of Spain revolt at the idea of ne gotiating under the supervision of France, yet still it would be a happy thing to escape the turmoils of a jarring confederacy, to withdraw from the sufferings of a recent war, and to enjoy the only official emoluments, ease and honour, which the penury of the people could support. To others, was left the labour of building up the constitution of the country, Jefferson introduced a report on the foreign relations. After reciting the advantages to be derived from treaties with the various nations of Europe, he proposed that each treaty should contain a stipulation that each party should have the right to carry their own produce, manu factures, and merchandise, in their own bottoms to the ports of the other, and thence to take the produce and man ufactures of the other, paying such duties only as are paid by the most favoured nation, — freely, where freely gi-ant- ed to such nation, and paying the compensation where such nation does the same, " That with nations hold ing possessions in America, a direct and similar inter course be admitted between the United States and such possessions ; or if that could not be obtained, a direct and similar intercourse between the United States and certain free ports within such possessions. If neither of these — permission to bring, in their own bottoms, their produce and merchandise to the United States directly, and similar permission to the United States as to their produce and vessels ; or else, a permission to the inhabitants of such possessions to carry their produce and merchandise iET.27.] HAMILTON. 79 in their own bottoms to the free ports of other na tions ; and thence to take back, directly, the produce and merchandise of the United States ; and that in all such treaties, the United States should be regarded as one na tion, upon the principles of the federal constitution." Provis ions that free ships should make free goods, defining articles of contraband and the state of blockade, were also to be made ; with the additional stipulation, that a contraband trade should not induce confiscation. Security was also to be assured to persons following the peaceful arts ; and a stipulation that private ships should continue their trade free and unmolested during war, and that privateers should not be employed, was proposed. Aliens were to be excluded holding real estate within the United States, as " utterly inadmissible by their several laws and policy ;" but in case they did, it was not on their de mise to escheat, but might be sold for the benefit of their representatives. All treaties were to be limited to ten years, unless the foreign party " pertinaciously insisted" on their being extended to fifteen years. On the dis cussion of the leading principles of these instructions, placing each nation on the footing of the most favoured, a substitute was offered to establish the intercourse on the basis of " natives ;" but if this could not be obtained, then on that of " the most favoured nation." This amendment was lost on the vote by states, though of the members present, a majority were in favour of it.* It was also .con tended that a distinction ought to be made between Brit ish and American vessels by a difference of duties. If not then made, that it was at least important to reserve the power of making such a discrimination in case, pecu- * Affirmative — Massachusetts, Connecticut, Pennsylvania, Maryland, Virginia, (three to two,) Jefferson and Monroe in the negative. Negative— New-Hampshire and New-Jersey. Divided — Rhode Island, New- York, North and South Carolina. 80 THE EEPUBLIC. [1784, liar circumstances should render its exercise necessary. Owing to these differences of opinion, it was moved to postpone acting upon this report until the disposition and concurrence of the several state legislatures should be ascertained, which, the motion stated, "the constitution renders highly prudent, if not indispensably necessary In forming commercial treaties," With this motion a resolution was offered directing foreign powers to be apprised of the desire of the United States " to form treaties upon terms of perfect reciprocity and equality ; and for that purpose, were ready to enter into negotiations in America.^' Five commissioners had been appointed to negotiate the treaty with England, thus representing each important section of thp union. To gain the benefit of this precedent, it had been proposed to appoint two additional commissioners. One of the objects of this resolution was, to prevent so unnecessary an in crease of the number of foreign ministers. But it was defeated, and the report of Jefferson was recommitted. Another report had recently been made proposing a re duction of the civil list. It was next moved to postpone these appointments for the purpose of considering this report. The division of states being equal, this motion was also lost.* The idea of two additional commission ers was then abandoned, and it was moved to add one to the existing number. This proposal was resisted, and in lieu of it a declaratory resolution was offered, " that the interests of the United States do. not require more than three commissioners plenipotentiary to be supported in Europe to negotiate treaties of commerce," This declaration would have de feated Jefferson, and at the instance of Virginia it was superseded by the previous question. A debate next arose * 4 J. c. 396-7. iET. 27.] HAMILTON, 81 on a proposal to reduce the salaries of these ministers,* which prevailed. To prevent this reduction, a member from Virginia insisted that it was a proposition which re quired the assent of nine states. This extraordinary ob jection was defeated, only five members voting for it ; but the next day, at the instance of Gerry, the salary was established at nine thousand dollars. Jefferson had recommended a delusive provision for the public creditors, and had urged "forbearance," on the ground " that the states were just relieved from the ravages of predatory armies, returning from an attend ance in camps to the culture of their fields ; beginning to sow, but not yet having reaped ; exhausted of necessaries and habitual comforts, and therefore needing new supplies out of the first proceeds of their labour." He was also of the committee which had recommended retrenchments in the public expenditure, and which did not contemplate in their report this additional officer. Under these circumstances, the appointment of an unne cessary commissioner was viewed as proceeding solely from a desire to bestow office on an individual, by a body of which he was a member, without any regard to the condition of the country. It gave rise to much dissat isfaction. At this moment a letter was received from Franklin, announcing that Jay had determined to embark for America. The motive to an increase of the number of the commission now ceased, and the measure was aban doned. The office of secretary of foreign affairs was vacant. Jay, in his late mission, had confirmed the confidence of the nation. His appointment to that department would sat isfy the public, and propitiate those who were offended with this gross and glaring effort to provide for a favour- * From $11,000 to $8,000. Vol. III.— 6 82 THE EEPUBLIC. [1784. ite. The dissatisfaction given by Jay to the partisans of France was therefore smothered, and yielded to the present object ; and on the same day, the seventh of May, Jay in his absence, at the instance of Gerry, was elected to the foreign department; and with his concurrence, Jefferson, on the motion of a colleague from Virginia, was chosen to fill the vacancy in the commission. An occurrence of this kind could not fail to produce a strong and lasting impression. A twelvemonth after, Massachusetts urged, through her delegates, a resolution that no member of congress should be appointed to any office during the term for which he was elected ; and a pro vision was inserted in the federal constitution, which would seem to have had this case in view. It rendered a mem ber of congress ineligible " to any civil office that had been created, or the emolument whereof had been increased, du ring the time for which he was elected." Jefferson's commercial report was now again brought forward with some additions. Of these, the most impor tant was, that these instructions should be considered as supplementary to those of October, seventeen hundred and eighty-three ; that where the commissioners should be able to form treaties on principles in their judgment more ad vantageous to the United States than those of the report, they were permitted to adopt such principles, and that it would be agreeable to have supplementary treaties with France, Holland, and Sweden, which may bring the trea ties previously entered into, as nearly as may be to the principles now directed. Numerous exceptions were taken to a treaty framed on the principle of these instructions, in a report* subsequently made to congress by the secretary of foreign affairs. These are to be regarded, not as exceptions to stipulations » Report of Jay.— 2 D. C. 234. iET. 27.] HAMILTON. 83 of the most perfect equaUty and reciprocity in a particu lar treaty with any one nation, where the interest of the country might dictate them, but as exceptions to the es tablishment, at that time, of a general system of pohcy, ex cluding all discriminations or prohibitions, however their necessity might be indicated by peculiar circumstances. Jay thought that a system for regulating the trade of the United States should be framed and adopted before they entered into further treaties of commerce. Various rea sons were given to show that it was inexpedient to make the conduct of the parties towards the most favoured na tions, the rule of their conduct towards each other ; among these, a principal one was, that the interchange of favours between the United States and a nation merely European, would probably be regulated by principles and considera tions distinct, in a certain degree, from, those which should regulate such an interchange between them and nations partly European and partly American.* There might, he said, exist reasons for freely granting to one nation what there might be no reason for granting to another. He also doubted the expediency of agreeing absolutely that any nation should be at liberty to bring and vend into the United States, all or any of their productions and manufac tures witliout exception, because it might be necessary to prohibit the importation of some of them, either to check luxury, or to promote domestic manufactures,! * " We abstained," Jefferson observed, " from making new propositions to others having no colonies, because our commerce being an exchange of raw for wrought materials, is a competent price for admission into the colonies of those possessing them ; but were we to give it without price to others, all would claim it without price, on the ordinary ground of gentis amicis- simae." — Jefferson's Works, vol. 1, p. 51. t In the treaty which was the immediate subject of this report, one arti cle precluded the laying an embargo. This was objected to, for a reason not easily disputed. 84 THE REPUBLIC. [1784. But one other topic of moment arrests attention in the proceedings of this congress. It related to the garri soning of the frontier posts. The hostility evinced by New- York to the employment of continental troops for that purpose, has been previously mentioned. The expec tation that the negotiation which was pending for the sur render of those posts would be successful, produced great anxiety in the councils of that state, and she urged, with extreme earnestness and pertinacity, a declaration by con gress, in pursuance of the articles of confederation, of the number of troops necessary to be kept up by her for the protection of her frontier. This subject, though frequently presented to that body, was deferred from an apprehension of authorizing an individual state to maintain an armed force. To avoid this alternative, propositions were made in congress for the enhstment of a thousand men, to protect the commissioners recently appointed to hold treaties with the Indians, and to defend the frontiers. The fate of these propositions is indicative of the tem per of the times. After repeated and laboured debates, a resolution was introduced by Gerry, proclaiming " the danger of confiding to a body, which was already empow ered to make foreign and domestic loans, and to issue bills of credit, that of raising standing armies ;" and it was de termined to discharge the few troops which had been retained in the service of the United States, The stand ing army was reduced to eighty men. No officer was re tained of a higher rank than captain, and the western frontiers were to be protected by a requisition for a regi ment of militia. The congress of the United States having, in virtue of the confederation, at the instance of JeflTerson, chosen from its own body a " committee of the states," now adjourned. This committee continued in session, though without effecting any thing, until the nineteenth of August, seven- ^T. 27.] HAMILTON. 85 teen hundred and eighty-four, when some of the members withdrawing, without the consent of their colleagues, it broke up, without the decency of an adjournment, in cla morous confusion, leaving the nation without any repre sentative council. The congressional year of their successors commenced on the first of November, of the same year, but a quo rum was not formed until the succeeding month. Its history is alike barren of interest ; the few subjects upon which it acted, until the latter part of its session, being the organization of a court to adjudicate upon the territorial controversy which existed between the states of Massachusetts and New- York ; measures for the adjustment of a similar dispute between South Carolina and Georgia ; the appointment of commissioners to treat with the southwestern tribes of Indians ; the selection of a' site for a federal city, and an ordinance defining the pow er and duties of the secretary at war. These being arranged, a decision was made upon a matter of permanent iinpor- tance — the mode of disposing of the western territory. Much discussion on this subject had occurred during the previous congress. An ordinance was now passed, " the re sult of compromise, not such as was desired, produced by the utmost efforts of public argument and private solici tation."* A provision for the current service gave rise also to fre quent deliberations, which were concluded by a vote on the report of the grand committee of congress, a short time before the termination of its political existence. By this vote a requisition was made upon the states for three mil lions of dollars, of which two-thirds were receivable in * From a letter of WiUiara S. Johnson, a man of a probity and talent as emment, and views as comprehensive, as were those of his distingmshed fa. ther. 86 THE EEPUBLIC. [1784. certificates for interest on the liquidated debts ; which amount was intended not only to meet the demands of the year, but also the balance of the estimate which the pre ceding congress had omitted to require. An earnest re commendation was made for the completion of the meas ures for raising revenue, proposed in the spring of the preceding year, as preferable to any other system, " and necessary to the estabhshment of the pubhc credit," CHAPTER XL, Feom the Congress, to which he was indebted for his pre ferment, and of which he does not disguise his contempt, — " little numerous, but very contentious" — Jefferson has tened away. Appointed envoy, on the motion of a col league from Virginia, seconded by Gerry, on the seventh of May, he left his seat four days after, and though the session continued near a month, did not resume it, but sailed for Paris, on a summer sea, intent upon his project " to emancipate commerce," The joint commission was opened with much solemnity on the thirteenth of August, 1784, and, soon after, its powers were announced to the different governments of Europe — France, Great Britain, Denmark, Germany, Prussia, Sweden, Spain, Portugal, Russia, Saxony, the Sicilies, Sardinia, Tuscany, Genoa, Venice, Morocco, Al giers, Tripoli, Tunis, the Sublime Porte, and his hoHness the Pope. France received them with a smile ; England silenced the experiment by an inquiry as to the "real nature- of the powers with which they were invested, whether they were merely commissioned by congress, or had received separate powers from the respective states." The other nations stood aloof. Prussia alone formed a treaty embra cing some of the principles of the report, but insisted upon reserving the right of prohibition and retaliation — rights which the American commissioners themselves claimed to reserve in their negotiations with Tuscany ! The commis sion, thus baffled in all its expectations, ceased to act. The introduction of a new power into the great family of nations, would seem to have been an event fraught with 88 THE EEPUBLIC. [1784. the most important and immediate interest to the civilized world, and an American might have hoped to have seen her vast prospective greatness attracting the eyes of Eu rope, and commanding all its attention. But the impo tence of the confederacy and the visionary objects of this commission defeated those hopes. From these causes a larger view of our foreign relations would seem unneces sary, were it not for the powerful inffuence which the policy of the great leading powers produced on the social condition of the American states. Those with France, their ancient ally, first attract at tention. Nothing is more obvious in all her policy than the sagacity of her statesmen, who foresaw that the mo ment her political influence over the confederacy ceased, every other connection would become a minor considera tion. Hence her solicitude that all the American negotia tions should be conducted near her court. But England and Spain were both unwilhng that Paris should be the centre of political action. Great Britain insisted, as a previous condition to any negotiation, an embassy to Lon don, " as more suitable to the dignity of either power." The Spanish minister declared, that in matters between its crown and any other power, " the custom of its court (the most regular and systematic of all others) was to ne gotiate between themselves, without availing themselves of a third place." Frankhn having resigned his seat in the commission, Adams, in consequence of these intima tions, was accredited to the court of *St, James ; Jefferson to that of Versailles ; and Spain appointed a sort of in termediate minister — a "plenipotentiary charge d'affaires," to reside at the seat of congress, Jefferson's object was attained. While the force of habit formed during her colonial relations, similarity of language, laws, and manners, all ^T. 27.] HAMILTON. 89 attracted the American people to England, other causes operated as insuperable obstacles to an extensive com merce between the United States and France, The poverty of the American people denied to them the luxuries of their ally. The inferior fabric and pecu liar fashion of articles of primary necessity, prevented their being introduced into general use. For those which were sought, few American products would be received in exchange ; while the commercial system of France, yet in its infancy, charged the objects of commerce with such a multiplicity of duties, and those so oppressive, as to de ter enterprise. The principal article of exchange was the subject of a monopoly, and charged with a duty to the crown, of too much value to be rehnquished by a needy monarch. On other articles accumulated duties were le vied, and these were partitioned among so many recipients, as placed it beyond the power of the financier to reduce them to one denomination ; while the political influence of the beneficiaries would not permit them to be diminished or suppressed. These were some of the embarrassments to a direct trade. The colonial trade had been long con ducted under a most rigid system, and as the treaty of seventeen hundred and seventy-eight had secured to France the free admission of her manufactures into the United States, they had nothing to offer in the shape of immunities to open the sealed commerce of her islands.* Soon after his return to Europe, La Fayette, at whose "= Compelled by necessity, France opened her colonial ports during the war, but at its close, by an arrfet, dated thirtieth of August, seventeen hundred and eighty-four, she permitted the importation into them only of a few articles of primary necessity, and confined the exports to rum, molasses, and goods brought from France, which paid the local duties with an ad valorem of one per cent. A discriminating duty was also imposed on salted beef and dried fish, to form a fund for the encouragement of the French fisheries. 90 THE EEPUBLIC. [1784. instance, the free ports stipulated in the treaty of seventeen hundred and seventy-eight were designated, made strong representations to his court of the benefits to be anticipated from enlarging the commercial intercourse of the two countries. The representations were renewed by Jeffer son often and with much detail, but the progress of the negotiation was slow — indicative of the altered temper of Vergennes, from his failure to control the definitive treaty with England — and attended with circumstances not a little wounding to American pride. The first letter addressed to that minister received no other answer than that it had been transmitted to the comptroller-general. To subsequent communications it was replied, " that not a sufficient dependence could be placed on arrangements taken with us ;'' and an act of one of the states, by which a discrimination of duties was made between natives and foreigners, became the subject of a letter from the premier, which, after reproaching the American minister with a disregard of reciprocity in our navigation laws and commercial regulations, closed with a threat, " that the king will be under the necessity, contrary to his wishes, to fall upon such means as will tend to put matters upon a perfect equality."* These complaints were referred to the secretary of fo reign affairs, whose report admitted that the French mer chants enjoyed fewer privileges than the merchants of the United States did in France, and that the act of Massachu setts " had deviated both from the letter and spirit of the treaty."! While the impotence of the confederation thus subjected it to the just reproach of a breach of faith to wards their ally, it also gave rise to reclamations for indi vidual claims, the justice whereof could not be denied, and which there were no means to discharge. The disappoint- * 2 D. C. 488. t 1 D. C. 243. .^T. 27.] HAMILTON. 91 ments that followed produced great irritation among the French residents in the United States, which extended to her legation, and drew from them remonstrances, wherein the respect due to an independent government was often forgotten. In vain did congress renew their assurances of eventual payment, founded on the good faith of the states. Dis criminations in the provision for the interest on their debts, from which provision foreigners were expressly ex cluded by some of the states, were pointed out, and the very ground on which the delay of justice was excused, the inability to compel the collection of taxes, gave rise to the taunting inquiry, " Is there one, or are there eleven republics ?" It being a leading maxim in Jefferson's politics " to mul tiply the points of contact and connection" with France, it will be seen, that he used every means to promote inter course with a people whose habits, manners, tastes, and morals he decried, yet admired, and copied. The insuflScient provision for the interest and instal ments then due of the debt to France, led to a proposition to purchase it. The terms of this proposition are found in the secret journal of congress of the second of October, seventeen hundred and eighty-seven, giving an extract of a letter from JeflTerson to the secretary of foreign affairs : — " That a proposition has been made to Monsieur de Ca- lonne, minister of the finances of France, by a company of Dutch merchants, to purchase the debt due from the United States to the crown of France ; giving for the said debt, amounting to twenty-four millions of hvres, the sum of twenty millions of livres. That information of this proposition has been given to him by the agent of the said company, with the view of ascertaining whether the proposed negotiation would be agreeable to congress. That the. said minister suggests, ' that if there is a danger 92 THE EEPUBLIC. [1784. of the public payments not being punctual, whether it might not he better that the discontents which would then arise, should be transferred from a court of whose good will we have so much need, to the breasts of a private company.' That the credit of the United States is sound in Holland ; and that it would probably not be difficult to borrow in that country the whole sum of money due to the court of France, and to discharge that debt without any deduc tion ; thereby doing what would be grateful to the court, and establishing with them a confidence in our honour."* This subject was resumed in a letter from Jefferson to Jay of the twelfth of November fqllowing.f He wrote : " In a letter which I had the honour of writing you on the twenty-sixth December, I informed you that a Dutch com pany were making propositions to the minister of France here, to purchase at a discount the debt due from the Uni ted States to this country, I have lately procured a copy of their memoir, which I now enclose. Should congress think this subject worthy their attention, they have no time to lose, as the necessities of the minister, which alone have made him to listen to this proposition, may force him to a speedy conclusion," The former of these letters was referred to the board of Treasury, who on the second of October of the follow ing year made a report ; which, after reciting the previous extracts of the letter of JeflTerson, contains comments full of meaning : — " That at the time the debt due from the United States to the crown of France was contracted, it could not have been foreseen that the different members of the union would have hesitated to make effectual provision for the discharge of the same, since it had been contracted for the security of the lives, liberties, and property of their * 4 S. J. 386. t 3 D. C. 175. iET. 27.] HAMILTON. 93 several citizens, who had solemnly pledged themselves for its redemption ; and that, therefore, the honour of the United States cannot be impeached, for having authorizea their minister at the court of France to enter into a formal convention, acknowledging the amount of the said debt, and stipulating for the reimbursement of the principal and interest due thereon. " That should the United States at this period give any sanction to the transfer of this debt, or attempt to make a loan in Holland for the discharge of the same, the persons interested in the transfer, or in the loan, would have rea son to presume that the United States in congress would make effectual provision for the punctual payment of the principal and interest. " That the prospect of such provision being made within a short period, is by no means flattering; and though the credit of the United States is still sound in Holland, from the exertions which have been made to discharge the in terest due to the subscribers to the loans in that country, yet, in the opinion of this board, it would be unjust as well as impolitic, to give any public sanction to the proposed negotiation. Unjust, because the nation would contract an engagement without any well-grounded expectation of discharging it with proper punctuality. Impolitic, because a failure in the payment of interest accruing from this ne gotiation (which would inevitably happen) would justly blast all hopes of credit with the citizens of the United Netherlands, when the exigencies of the union might ren der new loans indispensably necessary. " The board beg leave further to observe, that although a grateful sense of the services rendered by the court of France, would undoubtedly induce the United States in congress to make every possible exertion for the reim bursement of the moneys advanced by his most christian majesty, yet, that they cannot presume that it would tend 94 THE EEPUBLIC. [1784. to establish in the mind of the French court an idea of tlie national honour of this country, to involve individuals in a heavy loan, at a time when congress were fully sensi ble that their resources were altogether inadequate to dis charge even the interest of the same,* much less the instal ments of the principal, which would from time to time be come due. How far the idea of transferring the discontents which may prevail in the French court, for the want of the punctual payment of interest, to the breast of the private citizens of Holland, would be consistent with sound policy, the board forbear to enlarge on, " It may be proper, however, to observe, that the pubhc integrity of a nation is the best shield of defence against any calamities to which, in the course of human events, she may find herself exposed. " This principle, so far as it respects the conduct of the United States in contracting the loans with France, cannot be called in question. The reverse would be the case, should the sanction of the United States be given either to the transfer of the French debt, or to the negotiation of a loan in Holland for the purpose of discharging it. " If it be further considered, that the consequences of a failure in the punctual payment of interest on the moneys borrowed by the United States, can by no means be so distressing to a nation, (and one powerful in resources,) as it would be to individuals, whose dependence for support is frequently on the interest of the moneys loaned, the board presume that the proposed negotiation cannot be considered at the present juncture, in any point of view, either as eligible or proper. Under these circumstances, * Jefferson wrote to Carmichael at Madrid, June 14, 1787 :— " New-York still refuses to pass the impost in any form, and were she to pass it, Pennsyl vania will not uncouple it from the supplementary f mids. These two states and Virginia, are the only ones, my letters say, which ham paid any thing into the continental treasury for a twelvemonth past." iET. 27.] HAMILTON, 95 they submit it as their opinion, " that it would be proper without delay to instruct the minister of the United States at the court of France,* not to give any sanction to any negotiation which may be proposed for transferring the debt due from the LTnited States, to any state, or compa ny of individuals, who may be disposed to purchase the same." So jealous were congress of the injury which this pro position might inflict on the national character, that on the day on which this report is dated, they instantly passed an act instructing Jefferson not to promote any negotia tion for transferring the debt due to France from the United States.f Could he have incurred a severer censure? Thus the national honour was saved, but the lure had succeeded. In prosecution of the project, a letter was ad dressed by Jefferson to Dumas,J to ascertain its practica bility ; whose reply evinced a preference of a purchase for a sum less than its face, to a loan for the whole amount, and urged prompt action, stating that the sacrifice on the part of France, would be very small. An arret was accordingly framed and submitted to Calonne. That min ister, grasping at such a prospect of relief from his flnan- cial difficulties, soon after this purchase was suggested, addressed a letter to Jefferson, giving the assurance that the monopolies on particular articles would not be renew ed, and that the duties on most of the imports, the growth of the United States, in French or American vessels, were " suppressed."§ The execution of this arrangement was, * 3 D. C. 183. t 3 D. C. 289. t Dumas had a pension from France, revertible to his daughter. § 3 Dip. Cor. 163.— Oct. 22, 1786.— This letter also states, that as Virginia had ordered arms for her mihtia from France, the duties and prohibition of 1hem should be abohshed. Similar supplies had been furnished by France to her during the war, which gave rise to questions in the settlement of the accounts. A more serious difficulty grew out of an act of that state, passed pending Jefferson's negotiation about the debt, giving a preference to French 96 THE EEPUBLIC. [1784. however, suspended, not improbably in consequence of the rejection by congress of the proposed transfer of the debt. But the disturbances in Holland, and the hostile appear ances in Europe, notwithstanding a temporary pacification, ultimately induced the issuing of arrets, enlarging in some particulars, and abridging in others, the former arrange ment. One topic of discussion yet remained. It has been pre viously mentioned that the treaty with France provided for the mutual appointment of consuls, under a convention to be framed between the respective governments. This subject was not acted upon until July, seventeen hundred and eighty-one ; immediately after the resolutions, submit ting the terms of a treaty with Great Britain, had been passed. A memoir was at that time presented by La Lu zerne, containing a draft of a consular convention, pre pared at Paris, It was in its essential features approved by congress the following January, with one material difference. The French plan proposed the presentation, by their consuls, of their commissions to the respective states, which were to grant them their exequaturs. The American draft required that the consuls should, " in the first instance" present their commissions to congress, to be recognised by them by a public act, and then to have validity in the states. This plan was sent to Franklin, with instructions to exercise his discretion as to the words or arrangement of it, but to confine himself in all important respects to its substance. brandies. The minister of the Netherlands presented a remonstrance against this preference, as a breach of treaty. In this treaty, Adams had omitted an important provision, securing compensation for privileges ; but the United States considered this as a gratuitous favour. The injury was acknowledged, and resolutions were adopted by congress, urging Virginia to repeal the act, founded on a report from the department of foreign affairs, censuring the granting of favours by any state. — 4 S. J. 401. iET. 27.] HAMILTON. 97 A convention was entered into by him, and was submitted to congress in seventeen hundred and eighty-four ; France having in the mean time appointed Marbois consul-gener al, with a subordinate corps of consuls and vice-consuls. On the consideration of this convention, congress, at the instance of Jay, unanimously resolved, that instructions should be given that the signature of the convention should be delayed until further advices, unless it had been already signed, A despatch from Franklin announced that it had been already signed, and that a copy had been so long since transmitted to congress, that its ratification was expected ; he added, " I am not informed what objection has arisen in congress to the plan sent me, Mr. Jefferson thinks it may have been to that part which restrained the consuls from all concerns in commerce."* Congress had delayed to act upon it, until, a formal demand of its ratifi cation being made by France, the convention was deliber ately examined by the secretary of foreign affairs. On this examination it appeared that it proposed three principal objects, in the promotion of which, it was mani fest, that the United States had no interest. The first was, a provision against the infraction of the French and American laws of trade. As the United States had no laws for the regulation of her commerce with France or her dominions, there could be no use in a pro vision against the infraction of them. The second was, a restriction of the emigration to the other, of the people of either country, which, as there was no reason to ap prehend emigration from the United States to France, was superfluous. The third, established a corps of " consuls, vice-consuls, and agents," so coherent, so capable of acting jointly and secretly, and so ready to obey the order of their chief, that it could not fail of being influential in two 2 Dip. Cor. 44. Vol, III.— 7 98 THE EEPUBLIC. [1784. very important political respects — the acquisition and communication of intelligence, and the dissemination and impression of such advices, sentiments, and opinions, of men and measures, as it might be deemed expedient to dif fuse and encourage." An arrangement, which, in France, " where nothing could be printed without being licensed, or said without being known, and, if disliked, followed with inconvenience, and where the people being perfectly unimportant, every measure to influence their opinions must be equally so, could be of no use to America," but which in the United States would be most dangerous to her institutions. The powers and immunities with which this corps was clothed, were equally objectionable. By one article, certi fied declarations made before the consuls, were to be re ceived in evidence as conclusive. By another, the consuls were invested with jurisdiction over all offences in which the citizens of the respective countries were parties, to the exclusion of the civil tribunals constitutionally created, while full immunity was conferred on their persons, pa pers, houses, and dependants. Consular chanceries were also created, which in many respects clashed with the in ternal policy of the United States, and a complete jurisdic tion was given over French vessels in American harbours. It is also not a little remarkable, that the original feature in the French plan, which directed the commissions to be presented on their arrival to the respective states, ac cording to the forms established there, was retained, not withstanding the express instruction to follow the plan of congress, which directed these commissions, " in the first instance" to be presented to them.' This, connected with the suggestion of Vergennes to Adams, that each state should appoint its own ministers, combined with the other circumstances of a direct loan being made by France to Virginia, and a commercial exemption being obtained from ^T, 27.] HAMILTON, 99 her, leaves a strong implication that France had in view relations with the individual states, independent of congress, and in direct violation of the articles of confederation, and that Jefferson was not insensible of the advantages Vir ginia might derive from these dispositions. The position of the United States was not a little embarrassing. The scheme having been framed by a former legislature, was conclusive upon the country, and its execution was ur gently pressed by the French charge d'affaires. As the only alternative, instructions were transmitted to Jefferson to state the objections to the present form, and to give assurances of their readiness to ratify a convention agreeable to the scheme originally framed, on the condition of its being limited to eight or ten years, instead of its be ing perpetual, as was first agreed. After much negotia tion, a convention liable to fewer objections than that signed by Franklin, was concluded in seventeen hundred and eighty-eight ; and after an inquiry how far it was ob ligatory upon the country, was ratified from necessity by the present government. The fruitless efforts made by the Spanish resident at Paris to induce Jay to enter into a treaty, the basis of which was a sacrifice of a large part of the undoubted ter ritory of the United States, and, as a consequence of such sacrifice, the total abandonment of the Mississippi, have been the subject of previous comment. On the third of June, seventeen hundred and eighty-four, a few days after Jay had been elected secretary of foreign affairs, and Jefferson chosen commissioner in his place, it was thought advisable to renew the instructions of seven teen hundred and eighty-two ; and a resolution, moved by Nathan Dane, of Massachusetts, passed, directing the Amer ican commissioners " not to relinquish or cede, in any event, the right of the citizens of the United States to the free navigation of the Mississippi from its source to the ocean. 100 THE EEPUBLIC. [1784. It has been seen that, notwithstanding the recent nego tiation with Jay at Paris, the commissioners, or some of them, were required to repair to Madrid. This was not acceded to, and Spain, sensible of her error, sought to re move the prejudices of the United States by a course of conciliation. She mediated a peace between them and the emperor of Morocco, on terms favourable to the former. She released a number of Americans, who had been im prisoned at Havana for breaches of her navigation laws, and she commissioned Gardoqui, a partner of a commercial house at Bilboa, who had been the medium of aids from Spain at an early period of the revolution, to negotiate a treaty. He arrived in seventeen hundred and eighty-five, when the secretary of foreign affairs was authorized to treat with him. The point upon which the former negotiation had broken off, still remained an insuperable obstacle. While Spain offered to treat on terms, in other respects deemed by Jay of the greatest advantage, she still insisted upon the reten tion of the territory east of the Mississippi, and consequent ly upon the exclusion of our citizens from its navigation. Late in the preceding year she had caused it to be announced to the United States, that vessels trading through that river would be exposed to process and confiscation. The obstruc tion of them, by her garrison at Natchez, was indicative of her determination to enforce her pretensions. The question now assumed a new aspect. The navigation could not be permanently relinquished. To submit to the enforcement of her restrictions, while their justice was de nied, would be humiliation ; to resist by arms, was war; Influenced by this state of things, by his impression of the other advantages of the treaty, and by the consider ation that Spain was in possession of posts on both branches of the river, rather than the United States, without money, without credit, and without an army, should be plunged iET.27.] HAMILTON. 101 into a war, " with very little prospect of terminating it by a peace, either advantageous or glorious," the American secretary attended congress, and enforced* the propriety of a treaty, limited to twenty-five or thirty years ; one of the articles of which would have stipulated the forbear ance of our citizens to use its navigation below their own territories to the ocean for a like term. This proposition gave great offence. The delegates from the northern states approving it, while those of the southern condemned it. A motion was made to revoke his commission, which was defeated ; and a resolution was introduced, repealing the instruction to stipulate the free navigation of the Mis sissippi to the ©cean, consenting to a modified use of it,f but with a proviso to insist upon the territorial limits fixed by the definitive treaty with Great Britain. A strong re monstrance was made by the delegates of Virginia, in which, not merely these questions, but the whole plan of the treaty, was objected to.J Jay's plan proposed to give to the merchants, vessels, pro ductions, and manufactures of each country, the same privileges as if they were those of the country itself. It was urged that as Spain made no discrimination in her ports between her merchants and those of other nations, by this article the United States relinquished the right of making any discrimination, however beneficial it might be to her, without any consideration. As to the vessels, it was objected that as Spain admitted those of all coun- * 6 D. C. 165.— August 3d, 1786. t These modifications were, permission to land and store American produc tions at New-Orleans ; an advalorem duty to he paid to Spain on all ship ments thence by American citizens ; permission to our merchants to re side there ; a privilege to American vessels to return from its mouth to that port, but not to carry any goods, contrary to the regulations of Spain", under pain of confiscation. t 4 S. J. 87. 102 THE EEPUBLIC. [1784. tries, even in the carriage of her own productions, " the United States bound themselves up again without a valuable consideration." As to productions, by the policy of Spain we now enjoyed the free admission of them ; nothing therefore could be gained to us in this respect ; and when our " commerce is subjected to the most severe restric tions in almost every foreign port — fish being excluded by France and Britain — the Mediterranean shut against us — the West Indies occluded almost altogether — the wheat and rice trade thus greatly injured — tobacco in France a monopoly, in Spain contraband — one would suppose it the duty of every wise American statesman to secure our rights and interests at home — to give in our own ports to our own citizens exclusive privileges ; but of this advan tage the project would deprive them." This proposed stip ulation was objected to on other grounds. It would be contrary to the policy of the British navigation act, " by the wisdom of which, and of her other regulations in com merce, it was stated, Britain had attained to such a height of power and grandeur on the seas as to be at the same time the terror and the admiration of the world ;" and yet of the benefits of such a policy and making such discrimina tions this project would deprive us. As to manufactures, it was urged that the right of prohibition or restriction on exports or imports was given up. This was without a pre cedent, unless it was the " family compact," which proved inconvenient and was annulled ; independent nations hav ing always retained the right of regulating their own inte rior pohce, and thus of securing reciprocity ; a right, the ex ercise of which would be subservient to various purposes — the promotion of virtue and frugality, by the prohibition of foreign luxuries — the encouragement of manufactures and of the mechanical arts, by the prohibition of imports. The treaties with France and other powers stipulated to each the right of the most favoured nations. These nations iET. 27.] HAMILTON. 103 coming into the terms of Spain, in doing which they will give up nothing, will be entitled to these benefits ; " the evils of this project will be therefore almost universal, and of course without remedy." The surrender or forbearance of the use of the Mississippi was objected t6 as inconsistent with the compact with Vu-ginia as to the western territory. And it was also contended that its effect would be to dismem ber the government by a treaty of commerce, which could not be done under a limited power to treat. It would be difficult to select an instance in which the United States had less motive to reserve or to exert the power of discrimination or prohibition. As to vessels, from the course of the trade, the cargoes and the superior economy of American navigation,' a successful competition on the part of Spain was hopeless. How the policy of the British navigation act could, under such circumstan ces, the United States being the carriers, have been ad vantageously adopted, it is not easy to suppose. As to productions, the only object of Spanish traffic the impor tation of which this country has found it expedient to pro hibit, is that of slaves. As to manufactures, those of Spain have never sought the American market. But it was urged, if the commerce with Spain should be placed on the footing of natives, that France and Sweden would in virtue of their treaties be entitled to the same terms, only by reciprocating to the United States the same privilege. Was this an evil to be deprecated ? It cannot escape observation how entirely the principles of this report are at variance with the instructions pro posed by Jefferson. Its details have been given chiefly to show how great and rapid had been the change of opinion as to the commercial policy of this country, two years only having elapsed since the approval of those instruc tions by congress. That Virginia should have been the first state since the peace to have proposed, and the first 104 THE EEPUBLIC. [1784. to have objected to a system of free trade, is only an in stance of the error of applying rigidly general maxims of policy to the conduct of nations, without regard to the modifications circumstances may indicate. Nor will it fail to be remarked as additional evidence of the timid coun sels by which that state had been governed, that though in seventeen hundred and eighty-one, her legislature had instructed Madison to authorize Jay to cede the right of navigating the Mississippi to Spain absolutely and for ever, she now declared that to consent to a suspension of that right would be " to dismember" the government. The importance Spain attached to that right, is shown not only by her conduct during the war, but by the promptitude with which she opened a negotiation respect ing it after the peace. Claiming the exclusive right, and denying the pretensions of this country, it was thought to be an important object attained if a treaty could be made which would imply that she accepted the use of the river as the lessee of the United states for a specified time, and thus virtually recognised the reversionary right to be in them ; thereby terminating all questions of ownership. Impelled by this strong motive, and httle anticipating the rapid growth of the western territory. Jay considering that by this treaty the United States " gained much, and sacrificed or gave up nothing," continued his negotiation with the charge of Spain. He fortunately refused "to admit the navigation of the Mississippi below their limits on any terms, nor would he consent to any article acknow ledging their right in express terms, and stipulating to for bear the use of it for a given time," a difficulty that Jay supposed could be overcome by implication, in which idea Gardoqui concurred. The vote prohibiting a surrender of the navigation of the Mississippi was a vote of nine states ; that authorizing this compromise was given by seven states. The consti- .^T. 27.] HAMILTON. 105 lutionality of this vote was denied by the southern states : and, as the division was geographical, gave rise to much excitement. On the part of the south, it was alleged that New-England was solely actuated by a desire to check the population of the west, and thus maintain her prepon derance in the union. The eastern states having opposed the alienation or suspension of this right when the south ern states were its advocates, repelled the charge, and urged that this temporary cession would fix the permanent right in favour of this country, and prevent a coalition then apprehended between Great Britain and Spain. A resolu tion passed directing Jay to report the state of the negotia tion ; and as soon as the disposition of congress to consent to a limited use of the navigation was disclosed, a wide alarm was spread along the western frontier, and mutual complaints of aggression by the borderers were heard. These complaints were referred to Jay, who having stated acts of hostility by both parties, and his conviction of the right of the United States to navigate that river from its source to the ocean, expressed the opinion that if inter rupted by her " it will be proper to declare war against Spain." In this state of the question Madison proposed to refer the consideration of the American grievances to a com mittee, but was unsuccessful. In the mean time the agents of France had manifested great sohcitude. It was their wish* that the negotiation should be committed to Jeffer son and transferred to Madrid. With this view Madison, * March 19, 1787 — Madison to Jefferson : — " I discover, through several channels, that it would be very grateful to the French politicians here to see our negotiations with Spain shifted into your hands, and carried on under the mediating auspices of their court." April 15, 1787 — Madison to Edmund Randolph : — " We mean to propose that Jefferson be sent under a special commission, to plead the cause of the Mississippi at Madrid." — Madison Papers, vol. 2, p. 625, 637. 106 THE EEPUBLIC. [1784. on the eighteenth of April, proposed that a special com mission should be issued to Jefferson to proceed to Ma drid " to enter into commercial stipulations, and to make such representations and urge such negotiations as will be most likely to impress on Spain the friendly disposition of the United States, and to induce her to make such con cessions touching the southern limits and their right to navigate the Mississippi below them, as might most eflTec- tually guard against a rupture of the subsisting harmony, and promote the mutual interests of the two nations." This proposal was referred to Jay ; he had previously made a report showing the disposition of France to pro mote the views of Spain, and he now strongly dissuaded this measure. He stated that it was more advantageous and more honourable to negotiate at home ; that this trans fer would offend the Spanish charg6, who would confirm the suspicions which this measure might excite in his court of an intention to amuse her, a suspicion to which the lan guage of this resolution, as it only empowered him to con fer, but not to conclude a treaty,* would be too apt to give colour. Twelve months after, the excitement in the western region having increased by the extended rumour of a disposition to surrender this right, the delegates from North Carohna proposed a declaration by congress that the United States " have a clear, absolute, and unalienable" claim to it. Jay, to whom it was referred, reported that a declaration ought to be made that this rumour was not * In this report, Jay observed in reference to the terms of this resolution : " Perhaps tliis may only be an inadvertent inaccuracy in the motion ; if not, it gives much colour to the inferences above suggested." — 4 S. J. 342. At the sitting of the Virginia convention, Monroe reproved the conduct of this negotiation. Madison replied : — " From the best information, it never was the sense of the people at large or the prevailing characters of the eastern states to approve of the measure."— 2 Elliot's Debates, 262-3. But see Madison Papers, v. 2, p. 637, 642. ^T. 27.] HAMILTON. 107 founded in fact ; but objected to an assertion that the right was unalienable, lest it might exclude the possibility of such modifications as, without impairing it, might be ad vantageous to the country and satisfactory to its citizens. A new committee was then raised, of which Hamilton was diairman. He introduced resolutions, which were adopt ed,* that the reported purpose to surrender this right, not being founded in fact, the delegates be at liberty to com municate all such circumstances as may be necessary to contradict it and remove misconceptions : " That the free navigation of the river Mississippi is a clear and essential right of the United States, and that the same ought to be considered and supported as such." The same disposition which had been evinced upon this question in seventeen hundred and eighty-two, continued to be manifested by Vergennes, In answer to an inquiry as to the extent of the guarantee in the treaty of alliance, he intimated that " our limits were not fixed ;" and the French charge d'aflTaires was selected by Spain to commu nicate to congress the menace of confiscation, previously mentioned, if their vessels continued to commerce on the Mississippi. The jealousies to which this negotiation gave rise, were fanned by the partisans of France, and were among the means of exciting hostility against some of the most promi nent friends of the federal constitution. The relations with Great Britain still more exhibit the disunion and impotence of this assemblage of states. As soon as her restrictive proclamations were known, a general shock was felt throughout the confederacy. Com merce was thrown out of its usual channels, and the mer chants, largely indebted for the extensive importations they had made, looked round in despair for an outlet to the produc- * September 16, 1788. 108 THE EEPUBLIC. [1787. tions, with the proceeds of which, they were to meet their engagements. To judge of the extent of the evil, it is only necessaiy to recur to the fact, that of the whole amount of their ex ports when colonies, those to the West Indies exceeded one-fourth. It was the more severely felt, because it chiefly fell upon the fisheries ; that prolific treasure of the ocean, which the population of New-England regarded as a source of exhaustless wealth, whereof the product had composed more than one half of the articles of commerce in the West India markets, and a very large proportion of the whole exports of the colonies,* Cramped as they had been by the restrictive policy of the parent country, they had always found in the valuable products of the West Indies a return for the fruits of their enterprise, which afforded them continual relief. When deprived of this re source, universal irritation followed. The merchants were first aroused to opposition. This feeling soon extended to the people. Wholly unprepared to encounter the difficul ties incident to their existence as an independent nation, and overlooking the rigid restrictions of France on the commerce with her dependencies, they denounced, as an act of hos tility, the exercise of the unquestionable right of another independent nation to pursue its own distinct interests. General combinations were instantly entered into to prevent the unlading of British vessels, New-Haven, where the occlusion was much felt, was foremost in the measures to induce the prohibition of English ships arriving * The markets of Canada, Newfoundland, and Nova Scotia, and of a part of Europe, were cut off, and the annual government bounty of ^120,000 sterling had ceased. The product of the fisheries was estimated in congress to be one-sixth of the whole exports of the United States ; elsewhere, at one-tenth. In 1775, Massachusetts employed in them, fourteen thousand tons ; in 1787, four thousand. ^T. 27.] HAMILTON. 109 from the West Indies. A meeting was held at Philadel phia, urging in strong terms the same policy, which was re echoed throughout the impoverished confederacy. While such was the temper of this country, an essay appeared in London, which being considered as an expression of the sentiments of the ministry of Great Britain, had much in fluence. It espoused with warmth the system of monopo lies, argued the dependence of the confederacy upon Brit ish supplies, and promised to England, without further concessions, the exclusive trade of the United States. It also took an extensive view of their political condition ; disclosed an undisguised contempt of the articles of the confederation ; a full consciousness of the inability of con gress to fulfil any treaty, from the conflicting powers re served to the states ; and a hope to avail themselves of the anarchy which must arise from the contending interests of various legislation, and of the facilities which the want of a uniform policy must give to the introduction of British manufactures. Various replies to this pamphlet were made, showing great diversity of opinion, indicative rather of the ingenuity and fertility of the popular mind, than of sound and practical views of the true interests of the country. An essay at last appeared, containing " Strictures on commerce," which, taking an enlarged view of the British system, showed the im policy of her monopolies, and that a general power of com mercial regulation vested in congress would alone protect the commerce of this country, and prevent a dissolution of the union.* This opinion gained rapidly, and being accelera- * This pamphlet was from the pen of William Bingham, late agent of congress at Martinique, elected to that body in 1786, and subsequently a senator of the United States. His language is, " The states, from a sense of common danger and common interest, will more closely unite together, and form one general system of exclusive navigation, in regard to Great Britain, established on clear, equal, and determinate principles of commercial retalia. 110 THE EEPUBLIC. [1784, ted by the remonstrances of the West India islands, indu ced, at last, a definitive action by congress. The states were invited to invest them with this power for a short term ; but this salutary proposition was opposed, and it was sought to substitute a recommendation to each le gislature to make the discrimination.* Though this oppo sition proceeded principally from jealousy of a central jurisdiction, other causes had influence. Of these, the chief was a great diversity of opinion, whether the United States should promote their own maritime importance, or should abandon the ocean to foreigners. The former opinion was maintained by the eastern and middle states ; those of the south having no vessels, were disinclined to a system which would temporarily increase the price of freight, and might, as they apprehended, render them tri butary to the north. There was little prospect of an early concurrence in this measure. Meanwhile, the various delicate questions which had arisen out of the definitive treaty, and the growing animosities of the nations, showed the importance of closing the widening breach. . This could only be effected by a commercial treaty ; but the power of making an effective treaty had not been conferred on the confederation ; and it has been seen from her reply to the overtures of the joint commission, that England was aware of it. This was a serious difficulty ; but had the power existed, great doubts were entertained of the disposition of her councils. How long Jefferson continued to flatter tion, which will pervade the whole union. An American looking forward to the future prosperity and power of his country, and contemplating the ten dency of this system towards strengthening the union of the states, and making it indissoluble, will not hesitate to acquiesce, without a murmur, to the ex istence of these restraining regulations." Yet of him Madison states, " Mr. Bingham alone avowed his wishes that the Confederacy might be divided in to several distinct confederacies, its great extent and various interests being incompatible with a single government." — Madison Papers, v. 2, p. 589. * April 30, 1784. Ji:T.27.] HAMILTON. HI himself, is not known, but the hopeless prospect of the joint commission flashed on the mind of Adams soon after the annunciation of Great Britain, that she would re quire an embassy to London. In a letter of the thirty-first January, seventeen hundred and eighty-five, to Gerry, a delegate to congress, he puts the inquiry, " What shall be done ?" and answers by the observation, " There are but two things — either to send a minister to London, according to the king's polite invita tion, and try what can be done there ; or, commence im mediately the sour work of retaliation. Will the states agree to exclude British ships from their ports, and Brit ish manufactures, or any of them ? and can such prohibi tions be executed, or high duties be levied ? Suppose you lay a heavy duty upon every British vessel, or upon Brit ish manufactures, to retaliate for the duty on oil, &c., can we go through with it ? We have no answers to any of the many things proposed to the British ministry through the Duke of Dorset, and I really think nothing will ever be done but by an exchange of ministers.*" In another letter of the ninth of March following, he observes, " I think the invitation to send a minister to London should be accepted, as it is undoubtedly our place to send first, and as the neglect of exchanging ambassa dors will forever be regarded as a proof of coldness and * Life of Gerry, vol. 1, 464. — A preceding paragraph of the same letter shows the sacrifices Adams supposed he had made by his long residence in Paris. " I see the people have not lost sight of their old friends. I really feel an earnest desire to be one of you ; but when will that be possible ? It is more agreeable to be at home among one's equals, and to enjoy some de gree of respect and esteem among those we feel a regard for, than to be ad mired by strangers ; but to be in a foreign country, among strange faces, manners, languages, and looked at with terror — rarely finding a person who dares to speak to' one, as has been my case, Mr. Dumas', Mr. Jay's, and oth ers, for years together, is horrible ; oh ! 'tis horrible." 112 THE EEPUBLIC. [1784, jealousy by the people of England, the people of America, and by all the courts and nations of Europe," A letter from him to the secretary of foreign affairs of the same date observes, " I am sure we could not do less, sepa rately, than we are likely to do together I make no scruple, no hesitation to advise that a minister may be sent ; nor will I be intimidated from giving this advice by any apprehension that I shall be suspected of a design or desire of going to England myself. Whoever goes 'will neither find it a lucrative nor a pleasant employment, nor will he be envied by me."* The reply of Jay enclosed his credentials to the court of St. James. Having remained some weeks in Paris, as he states, to perform the ceremonial of taking leave of the court of France, he arrived in London in May, prepared for his presentation at that of Great Britain.f These matters of etiquette being disposed of, Adams soon after entered up on the business of his mission. It has been seen in his letter of January, written previ ous to his appointment, that an " embassy or retaliation" are presented as the alternatives. Those subsequent to it approve of the discriminating resolutions of certain states, and urge " that we have no means to make an impres sion, but by commercial regulations, which the vulgar may see strike essentially at their interests without injuring our own." The extent of the constitutional treaty power is also discussed ; the supposed absurdity of thirteen minis ters at every court, is indicated ; the necessity of enlarg ing it, is zealously inculcated. This question had not oc curred to the American commissioners on the annuncia tion to England of their joint authority. * 2 Dip. Cor. 167. t His amusing record of his presentation to the king and queen, will be found in Dip. Cor. vol. 4, p. 211. ^T. 27.] HAMILTON. 113 The instructions to Adams directed him to insist upon the surrender of the posts and territories within the limits of the United States ; to remonstrate against the infrac tion of the definitive treaty by the deportation of slaves and other property ; and to represent the necessary ten dency of the British restrictions to incapacitate our mer chants from remitting to theirs, and the losses which would be sustained by an immediate pressure for the payment of debts contracted before the war. These claims were stated to the British minister at length. In prosecution of his object, the draft of a commercial treaty, the terms of which were subsequently approved by congress, was soon after submitted to the English cabinet. England had expressed her readiness to receive propo sals, but no disposition was evinced by her to enter upon a negotiation, nor to accredit an ambassador to the Uni ted States. The only reply given to the plan of treaty, was the inquiry, " Can the United States secure any priv ilege to Great Britain in which France will not partici pate ?"* and the embassy to London was acknowedged by the appointment of a consul. These were things not to be endured, and yet not to be resented by the American envoy. Feeling that from the magic circle of court formalities there was no escape, Ad ams, relying upon the vast results he attributed to a simi lar procedure at the Hague, resolved to bring the British ministry to a stand by presenting a memorial demanding the evacuation of the frontier posts. But again, delay was followed by delay — all was ceremony — month after month elapsed, when a reply was at last given. This reply avowed the determination of Great Britain to act in per fect conformity with the strictest principles of justice and good faith, and her readiness to carry every article of the * 4 Dip. Cor. 333, Vol, IIL— 8 114 THE EEPUBLIC. [1784. definitive treaty into full eflTect, whenever America should manifest a real determination to fulfil her part of it. It recapitulated the legislative acts of eight states, contra vening its fourth article, and insisted on the injustice of being obliged to a strict observance of the public faithj while America held herself free to deviate from her en gagements. This answer was referred to Jay, who, after a full ex amination of it, in which it appeared that many of the charges were unsustained, admitted that the first of the imputed violations of the treaty had been committed by the states, some of which were still existing and ope rating ; and that, under the circumstances, it was not a matter of surprise that the posts were detained, and that Britain would not be to blame in continuing to hold them, until America should cease to impede her enjoying every essential right secured to her and to her people and adhe rents by the treaty. The report closed with a recom mendation, that congress should resolve that the states had no right to construe, retard, or counteract the execution of the treaty ; and that all their acts inconsistent therewith should be repealed by their legislatures, in general terms. He also recommended, that the American minister should admit to Great Britain the violation of the fourth and sixth articles of the treaty ; should state that measures were in progress to correct this ; should conclude a convention for the estimation of property removed in violation of the seventh article, and for the remission of interest on private contracts during the war, and should express the deter mination of the United States to execute the treaty with good faith. This unwelcome duty was imposed on Adams. The British ministry approved the spirit of the resolutions, but still adhered to the system it had adopted ; in pursuance of which an act was passed for the regulation of their .Sh;. 27.] HAMILTON. 115 trade with the United States, extending still further the prohibition from her islands of American products. Mean while, the tone of the public feeling, the omission to appoint a minister in return, frequent disappointments, and studied procrastinations, wore upon the temper of Adams, who at last, in his correspondence with the United States, cast off all restraint At times he deemed an abandonment by Ame rica of her commerce, the wisest course.* Again, he urged a vindictive retaliation, as the only means of redress, and poured out philippics, denouncing, with indiscriminate wrath, England — her institutions — her king — her states men — her policy — her people. f This was a wide departure from the opinions he had expressed at an earlier period. " Let us banish forever from our minds, my countrymen, all such unworthy ideas of the king, his ministry, and the parliament. Let us not suppose that all are become luxurious, effeminate, and un- *4D. C. 500. t " There is no resource for me in this nation. The people are discouraged and dispirited, from the general profligacy and want of principle, from the want of confidence in any of the leaders, from the frequent disappointments and impositions they have experienced in turn from all parties. Patriotism is no more ; nor is any hypocrite successful enough to make himself believed to be one Fox, and his friends and patrons, are ruined by the endless ex penses of the last election, and have no longer any spirit, or any enterprise. North and his friends are afraid of impeachment and vengeance, and there fore win avoid all hazardous experiments, by which the popular cry might be excited. Pitt is but a tool and an ostensible pageant, a nose of tender virgin wax ; he could not carry in Parliament, nor in the cabinet, any honest system with America, if he meant to do it ; but he is himself very far from being steady in his American politics, any more than Camden or Richmond ; and Sydney and Carmarthen are cyphers." — 4 D. C. 444-5, 468,471. "This nation would now crouch to France, for the sake of being insolent to un." — 480. " The most remarkable thing in the king's speech and the debates is, that the king, and every member of each house, has entirely forgotten that there is any such place upon the earth as the United States of America. We appear to be considered as of no consequence at all in the scale of the world." — 4 D. C. 48L 110 THE EEPUBLIC. [1784. reasonable on the other side of the water, as many design ing persons would insinuate. Let us presume, what in fact is true, that the spirit of liberty is as ardent as ever among the body of her nation, though a few individuals may be corrupted," »&c.* Alarmed by his extravagance, and apprehensive of be ing precipitated by his rashness into a contest for which the country was not prepared, a formal motion was made in congress and adopted, forbidding him to demand a cat egorical answer to his memorial, lest they should be involv ed in a war or in disgrace.f These orders were transmit ted by Jay,J who, at the same time, recommended as the true policy of the nation, that " what wrong may have been done should be undone, and that the United States should, if it were only to preserve peace, be prepared for war." Adams now began to meditate his return to the United States. The prospect of a new government opened more grateful scenes, and congress yielded to his desire to leave a position which he had prophetically anticipated would be a "thicket of briers." Dissatisfied with every thing, he bade adieu to England, where his worst fears had been realized of " the insignificance" to which he would sink, and of the alike "dry decency and cold civility" with which he would be treated by the administration and the opposition. On his return to the United States, he found new sources of discontent in the circumstances of his re call. On the twenty-fourth of September, seventeen hun dred and eighty-seven, a report was made by Jay, em bracing two points — an approval of his conduct, and a vote of thanks. It was rejected after a division on each point ; but on the fifth of October the congress were in- * "Essay on Crown and Feudal Laws, by J. Adams, Ambassador Plen." &c. + 5 D. C. 358. t May 8, 1786. -^T. 27.] HAMILTON. 117 duced to relent. For this decision, he is believed to have been chiefly indebted to the exertions of a leading dele gate* from Massachusetts.! Much as there was in the conduct of Great Britain to disappoint expectation and wound national pride, yet on a dispassionate view, it is to be deemed the natural result of the relative situations of the two countries. Many of her statesmen saw, or imagined that they saw, in a close adherence to the colonial system the chief sources of her wealth. Her jealousy had long been awakened to the competition which the character and condition of the American people would produce, and every effort to relieve themselves from the pressure of her monopolies conflrmed her adherence to them, and was followed by more minute and rigorous exactions. It could therefore with little pro bability be expected, that while she maintained her navi gation act towards other nations, she would relax her sys tem towards that power, whose interference with her trade she most feared, especially as the United States were, by the treaties they had formed, precluded offering to her any equivalent for such an exemption, England also confided in the magnitude of her capital, in the credits she could give, and in the cheapness of her productions, as ensuring the introduction of them to the American market, where the habits of the people had al ways secured to her a preference. The efforts of France to compete with her had failed, and while the British mer chants were engrossing the trade, France was occupied in speculating on the grounds of such a preference. These circumstances, combined with too great a defer ence to the feelings of the monarch, had weight, but the consideration which chiefly influenced the court of St. James, was the political condition of the confederacy. * Rufus King, t 5 D. C. 312, 118 THE EEPUBLIC. [1784. Whatever might be the future resources of this nation, whatever were the capacities of the people, America now presented an unrelieved picture of anarchy and disunion. Her public engagements had nearly all been violated, her private resources appeared either to be exhausted, or could not be called into action ; and while the individual states were pursuing measures of mutual hostility and de triment, the confederation was powerless over their laws, powerless over public opinion. Hence, to every argu ment or inducement in favour of a commercial treaty, there was an irrefutable reply — America will not, or if she would, she cannot fulfil it. " Our ambassadors," Ham ilton observed, " were the mere pageants of mimic sove reignty." In this brief retrospect of the negotiations with the two leading powers of Europe, nothing is more obvious than the want of that practical common sense, which had car ried these States through the re volution, both in the ob jects, and in the conduct of them. This country was, in fact, without a government. Could it be hoped, that either France or England would treat on advantageous terms with a people who had not the power to fulfil their engagements ? Could it be supposed, for a moment, that those old governments would abandon their artificial sys tems and fixed maxims, affecting so many public and pri vate interests, for an untried theory ? Jefferson* at an early period advised that "the Ameri can workshops should remain in Europe ;" that " perhaps it might be better for us to abandon the ocean altogether, that being the element whereon we shall be principally exposed to jostle with other nations ; to leave to others to bring what we shall want, and to carry what we can spare," Now he is the projector of a system of entangling allian- • Notes on Virginia, p. 175, 176. iET. 27.] HAMILTON. 119 ces with all the nations of Europe. He voted against a proposition to adopt the commerce of " natives" as the basis of treaties, and he proposed to treat with England on that basis, " I know," he wrote to Adams, " it goes beyond our powers, and beyond the powers of congress too ; but it is evidently for the good of all the states that I should not be afraid to risk myself on it, if you are of the same opinion."* Abandoning the principle of his own instructions,! he suggested to VergennesJ " that both nations would cement their friendship by approaching the conditions of their citi zens reciprocally to that of 'natives,' as a better ground of intercourse than that of 'the most favoured nation.' " The reply of France was an arret, approving in its preamble a general freedom of commerce ; but vindicating the " ex clusion of foreign goods, as required under existing cir cumstances by the interest of the kingdom." Yet he at the same period avows, " were I to indulge my own theory, I should wish them (the United States) to prac tise neither commerce nor navigation, but to" stand, with respect to Europe, precisely on the footing of China."§ The opinions of Adams as to the foreign policy of this country, were not less various. At one time he affirmed, " that it is in the power of America to tax all Europe whenever she pleases, by laying duties upon her exports, enough to pay the interest of money enough to answer all their purposes."|| He then enters into this project of commercial freedom ; then de nounces it, declaring, " that we had hitherto been the bub bles of our own philosophical and equitable liberality ;" and indicates as the only means of redress, " commercial regulations."!! * 2 D. C. 338.— July 28, 1785. t Niles, v. 12, p. 89. t November, 1785. § October 13, 1785.— Jeff. Works, vol. 1, 344. II 5 D. C. 502. T 2 D. C. 338. 120 THE EEPUBLIC. [1784. The course of events had proved the correctness of Hamilton's views, as he calmly consulted the great perma nent interests of the country. Though in his liberal spirit the advocate of a policy which, he observed, would estab lish " our system with regard to foreign nations upon those grounds of moderation and equity by which reason, reli gion, and philosophy had tempered the harsh maxims of more early times, and that rejects those principles of re striction and exclusion which are the foundations of the mercantile and navigating system of Europe ;" yet, judg ing wisely of human nature, of the force of habit, preju dice, and passion, he had from the earliest period indicated the necessity of conferring upon congress the power " of regulating trade, laying prohibitions, granting bounties and premiums."* And when he saw the confederacy nerveless — the states in collision — the people desponding — their energies withering under the restrictive regula tions of Europe — he then again avowed the necessity of counteracting " a policy so unfriendly to their prosperity, by prohibitory regulations extending at the same time throughout the states," as a means of compelhng an equal traffic ; of raising the American navigation so as to estab lish " an active" instead of " a passive commerce ;" of '* a federal navy, to defend the rights of neutrality." These views, as the perspective of this vast republic rose before him, were embraced in the exhortation — '- Let Americans disdain to be the instruments of European greatness ! Let the thirteen states, bound together in a strict and indissoluble union, concur in erecting one great American system, superior to the control of transatlantic force or influence, and able to dictate the connection be tween the old and the new world !"! » The Constitutionalist, No. 4, August, 1781— No. 6, July 4, 1782 t The Federalist, No. 11. CHAPTER XLI, In the domestic situation of this country there was much to justify distrust. The definitive treaty had indeed assured almost Roman limits to the new republic ; but the eastern boundary was disputed — the western denied — while from the frowning fortresses which dotted its out line, each morning's drum-roll struck alarm into the breast of the borderer, as it awakened in the crouching savage his slumbering appetite for carnage. The interior subdi visions were also unsettled. The coterminous states of Massachusetts and New- York had not yet wearied of their disputes. Pennsylvania, though her rights had been es tablished under a constitutional tribunal, was threatened with a contest with the New-England settlers at Wyo ming, who were preparing to refer their claims to the most summary arbitrament. Virginia was compelled to release Kentucky from her reluctant embraces. North Carolina was dissevered, and a fragment of her domains was forming into an independent state under the name of Frankland, of which an assembly preparatory to a con vention had met.* While so many inducements existed to adopt a comprehensive national pohcy, such was the prev alence of state jealousy, that instead of labouring to invig orate the arm of the general legislature, an aversion to the restraints of law, and an increasing disposition to withhold confidence from the constituted authorities, were daily de veloped. Instead of looking for remedies to relieve the « August I, 1785. 122 THE EEPUBLIC. [1785. public distresses, in every part of the continent the prevail ing anxiety appeared to be to discover new objects updh which to vent dissatisfaction, A bill to repeal the charter of the Bank of North America passed the assembly of Pennsylvania. In New-York, a memorial to incorporate the bank, of which the constitution had been framed by Hamilton, was presented to the legislature early in seven teen hundred and eighty-four ; but so prevalent was the jealousy of a moneyed influence, that it was compelled to conduct its affairs during six years without corporate im munities. The cry arose that banks were combinations of the rich against the poor, although, when not abused, their tendency is to raise industrious poverty above an undue influence of wealth. These were minor indications. The craving appetite of discontent called for food, and the recent combinations of military men, and the dangers of a standing army in time of peace, became fruitful themes of clamour. An associa tion of the officers of the late army, formed at the en campment on the Hudson, " to preserve inviolate the lib erties for which they had bled, to promote and cherish national union and honour, and to render permanent the cordial affection of the officers by acts of mutual benefi cence," under the now venerated title of " the Society of the Cincinnati," to continue during the lives of the mem bers, with succession to their eldest male posterity, became an object of the most violent and wide-spread hostility. The alarm was first sounded in an address under the signature of Cassius, written by iEdanus Burke, a judge of the supreme court of South Carolina, professing to prove that this association created a race of hereditary patricians, and full of trite allusions to the orders which had sprung up during the ages of European barbarism. This popular topic was echoed throughout the states, and having performed its office in America, was seized ^T. 28.] HAMILTON, 123 upon by Mirabeau, and depicted with all the power, art, and eloquence of his extraordinary genius. The distrust thus excited in the minds of the people was cherished by persons, who, having served wholly in a civil capacity, had long been jealous of the superior populari ty of Washington and of his companions in arms. One, with cold philosophy, advised them to " melt down their eagles"* — while another, with all the vehemence of •¦ a disordered imagination," denounced the association as an inroad upon the first principles of equality — the deepest piece of cunning yet attempted — an institution "sowing the seeds of all that European courts wish to grow up among us of vanity, ambition, corruption, discord, and se dition."! The outcry which had been so successfuhy raised was deemed of sufficient importance to require the attention of the society. A general meeting was convened, at which Washington, the president-general, presided, and an abolition of the he reditary provision was recommended. The following documents relating to this subject, show how entirely the real objects of this association corresponded with its pro fessed purpose, and with what sentiments Washington viewed this impeachment of his pure and elevated patri otism. Hamilton thus represented to him the proceedings of the state society of New- York. " SIR, " Major Fairhe is just setting out on a visit to you, I believe on some business relating to the Cincinnati. The society of this state met some short time since, and took into consideration the proposed alterations in the original frame of the institution. Some were strenuous for adher ing to the old constitution, a few for adopting the new and many for a middle fine. This disagreement of opin- * Jefferson. + Adams. 124 THE EEPUBLIC. [1785, ion, and the consideration that the different state societies pursuing different courses — some adopting the alterations entire, others rejecting them in the same way — others adopting in part and rejecting in part — might beget confu sion and defeat good purposes, induced a proposal, which was unanimously agreed to, that a committee should be appointed to prepare and lay before the society a circular letter expressive of the sense of the society on the different alterations proposed, and recommending the giving pow ers to .a general meeting of the Cincinnati, to make such alterations as might be thought advisable to obviate objec tions and promote the interests of the society. I believe there will be no difficulty in agreeing to change the pre sent mode of continuing the society ; but it appears to be the wish of our members that some other mode may be de fined and substituted, and that it might not be left to the uncertainty of legislative provision. We object to putting the funds under legislative direction. Indeed, it appears to us the legislature will not, at present, be inclined to give us any sanction. " I am of the committee, and I cannot but flatter myself that when the object is better digested and more fully ex plained, it will meet your approbation. " The poor Baron is still sohciting congress, and has every prospect of indigence before him. He has his impru dences, but upon the whole, he has rendered valuable ser vices, and his merits and the reputation of the country alike demand that he should not be left to suffer want. If there should be any mode by which your influence could be employed in his favour, by writing to your friends in congress or otherwise, the baron and his friends would be under great obligations to you." Washington replied : — " I have been favoured with your letter of the twenty-fifth of November, by Major Fairlie, .^T. 28.] HAMILTON. 125 Sincerely do I wish that the several state societies had, or would adopt the alterations that were recommended by the general meeting in May, seventeen hundred and eighty- four, I then thought, and have had no cause since to change my opinion, that if the society of the Cincinnati mean to live in peace with the rest of their fellow-citizens, they must sub scribe to the alterations which were at that time adopted. " That the jealousies of, and prejudices against, this so ciety were carried to an unwarrantable length, I will readily grant ; and that less than was done ought to have removed the fears which had been imbibed, I am as clear in, as I am that it would not have done it ; but it is a mat ter of little moment, whether the alarm which seized the public mind was the result of foresight, envy, and jealousy, or a disordered imagination ; the effect of perseverance would have been the same : wherein then would have been found an equivalent for the separation of interests, which, from my best information, not from one state only, but many, would inevitably have taken place ? " The fears of the people are not yet removed, they only sleep, and a very little matter will set them afloat again. Had it not been for the predicament we stood in with re spect to the foreign officers and the charitable part of the institution, I should, on that occasion, as far as my voice would have gone, have endeavoured to convince the nar row-minded part of our countrymen that the amor patriae was much stronger in our breasts than theirs, and that our conduct, through the whole of the business, was actuated by nobler and more generous sentiments than were appre hended, by abolishing the society at once, with a declara tion of the causes, and the purity of its intentions. But the latter may be interesting to many, and the former is an insuperable obstacle to such a step. " I am sincerely concerned to flnd by your letter that the baron is again in straitened circumstances. I am 126 THE EEPUBLIC. [1785. much disinclined to ask favours of congress, but if I knew what the objects of his wishes are, I should have much pleasure in rendering him any services in my power with such members of that body as I now and then correspond with. I had flattered myself, from what was told me some time ago, that congress had made a final settlement with the baron, much to his satisfaction," The state society of New- York, of which Baron Steu ben and General Schuyler were, at that time, the presid ing officers, met on the fourth of July, seventeen hundred and eighty-six ; on which occasion Colonel Hamilton de livered an oration, and at an adjourned meeting two days after, he presented a report, which was agreed to, in which his views as to the hereditary succession by right of primogeniture, and the distinction between military and civil members, are seen. " The committee to whom was referred the proceedings of the society of the Cincinnati, at their last general meet ing, beg leave to report, that they have attentively consid ered the alterations proposed at that meeting to be made in the original constitution of the society ; and though they highly approve the motives which dictated those alter ations, they are of opinion it would be inexpedient to adopt them, and this chiefly on the two following accounts. "First — Because the institution, as proposed to be altered, would contain in itself no certain provision for the contin uance of the society beyond the lives of the present mem bers ; this point being left to the regulation of charters, which may never be obtained, and which, in the opinion of this committee, so far as affects this object, ought never to be granted, since the dangers apprehended from the in stitution could then only cease to be imaginary, when it should receive the sanction of a legal establishment. The utmost the society ought to wish or ask from the several ^T. 28.] HAMILTON. 127 legislatures is, to enable it to appoint trustees to hold its property, for the charitable purposes to which it is destined. Second — Because, by a fundamental article, it obliges the society of each state to lend its funds to the state ; a pro vision which would be improper, for two reasons ; one, that in many cases the society might be able to dispose of its funds to much greater advantage ; the other, that the state might not alwaj's choose to borrow from the society. " That while the committee entertain this opinion with respect to the proposed alterations, they are at the same time equally of opinion, that some alterations in the origi nal constitution will be proper, as well in deference to the sense of many of our fellow-citizens, as in conformity to the true spirit of the institution itself The alterations they have in view respect principally the duration or suc cession of the society, and the distinction between honora ry and regular members. As to the first, the provision intended to be made appears to them to be expressed in terms not sufficiently explicit ; and as far as it may intend an hereditary succession by right of primogeniture, is liable to this objection — that it refers to birth what ought to belong to merit only ; a principle inconsistent with the genius of a society founded on friendship and patriotism. As to the second, the distinction holds up an odious difference be tween men who have served their country in one way, and those who have served it in another, and improper in a society where the character of patriot ought to be an equal title to all its members." Time has furnished the best comment on the character and motives of this association. Notwithstanding all the alarms which were felt, or feigned, and the jealousies which were inflamed, these societies have retained the soli- taiy solace of a riband and a medal to commemorate their sufferings ; have persevered in performing their ori ginal office of silent benevolence, and are only known to 128 THE EEPUBLIC. [1785. exist when they assemble to celebrate the birthday of in dependence ; to confer a more sacred distinction upon some modern achievement of patriotism ; or to remind pos terity, in an unobtrusive recital of his merits, that " another patriot of the revolution is no more."* The unrepealed proclamations of our great maritime rival, or, as England was termed, in language becoming an age of barbarism, our " natural enemy," were more wor thy objects of opposition, and the first efforts to teach this " assuming brother" moderation, are among the most in teresting and instructive portions of American history. The first proclamation was issued in July, seventeen hundred and eighty-three. In December of that year, Virginia passed a resolution recommending congress to prohibit all intercourse, until the restrictions upon the com merce of the United States were removed. In the fol lowing year she enacted several laws of a commercial na ture. One was to restrict foreign vessels to certain ports. Having instructed her delegates in congress to remonstrate against the infractions of the treaty, and to render the col lection of British debts contingent upon its fulfilment, she passed an act empowering congress to regulate trade and to collect a revenue. In seventeen hundred and eighty- five she gave this subject a more deliberate consideration, and resolutions were proposed and discussed in her legis lature of much moment. * The medal was of gold, suspended by a blue riband edged with white, indicative of the union with France. The principal figure was Cincinnatus, three senators presenting him a sword, and other military ensigns. On a field in the background, his wife standing at the door of their cottage, near it a plough and instruments of husbandry. Around the whole, " Omnia reliquit servare rempublicam." On the reverse, sun rising ; a city with open gates, and vessels entering the port ; Fame crowning Cincinnatus with a wreath, inscribed, " Virtutis premium." Below, hands joining, supporting a heart, with the motto, " Esto perpetua." Round the whole, " Societas Cincinnato. rum, instituta A. D. 1783." ^T. 28.] HAMILTON. 129 It was moved that her delegates should be instructed to propose a recommendation to the states, to authorize con gress to regulate the trade and collect the revenue upon the following principles. To prohibit vessels of any na tion not in treaty from entering any of the ports of the United States, and to impose any duties on such vessels, or their cargoes, as they should judge necessary, provided they were uniform throughout the union ; the proceeds to pass into the treasury of the states where they should accrue. To this general authority restrictions were to be annexed, that no state should impose duties on goods from another, by land or water, but might prohibit the impor tation from any other state of any particular species of any articles, which were prohibited from all other places ; and that no act of congress, affecting this subject, should be en tered into by less than two-thirds of the states, nor be in force beyond a limited term. An effort was made to in troduce an amendment, authorizing a continuance of this act, by a vote of two-thirds of congress, if given within a year prior to the expiration of the limited period, or a re vival of it by a similar vote within a year after. After much debate, the first resolution was so amended as to ex punge the words, " nations not in treaty," and to extend the power " to any foreign nation,"* The authority to collect a five per cent, advaloi'cm im post was refused, the restrictions on the respective states were retained, and the duration of the act was limited to thirteen years, the amendment authorizing its being con tinued having been rejected. After waiting a year for the concurrence of a sufficient number of states, in conferring this general power upon congress, Virginia, following the example of other states, passed a countervailing law, that no vessels trading to the state, other than those owned * November, 1785. Vol. III.— 9 130 THE EEPUBLIC. [1785. wholly by American citizens, or by states having commer cial treaties with the United States, should be permitted to import any other articles, than such as were the produce or manufacture of the state or kingdom to which they be longed. She gave a preference of duties to her own citi zens, and discriminated between states having and those not having commercial treaties with the United States ;* and for the purpose of encouraging ship-building within the state, gave a drawback on the duties imposed on arti cles imported in Virginia built vessels, wholly owned by citizens of the United States. These measures, viewed in connection with the vigorous and obnoxious system of tax ation! ^h® ^^'^ imposed, and with the fact that she had opened communications with France in her separate capa city, could leave little doubt that she was preparing for the moment to assume her station at the head of a southern confederacy. In this countervailing policy it is believed that Maryland was the first of the southern states to concur. The action of New-Jersey upon this subject was nearly contemporaneous with that of Virginia. As early as seven teen hundred and seventy-eight, she had represented, when congress were framing the articles of the confederation, that the exclusive power of regulating trade ought to be vested in that body, and that the commercial revenue should be applied to the equipment of a navy and to the common benefit. As soon as the policy of England gave * December, 1786. t She passed a stamp act levying duties on legal processes, and upon all alienations of property, and following out her pohcy of discrimination, a car riage tax, which was charged per wheel on all home-built coaches, and was more than doubled on imported carriages. She subsequently prohibited the importation of rum, brandies, and of all foreign malt liquors, and imposed a tax on bar iron and castings ; hemp and hempen ropes not the product or manufacture of the United States. Thus far had that state proceeded, raged by a strong necessity, in a system of taxation, which, though much modified, she subsequently strenuously opposed. ^T. 28.] HAMILTON. 131 practical evidence of her wise foresight, she again resolved* that congress ought to be invested with the power of pro hibition. The contiguous state of Pennsylvania had shows herself at an early period inclined to a protective system, and her successive laws give evidence of her desire to en courage and to mature domestic manufactures by bounties and discriminations. Impelled at last by the same motives which had influenced other states, in March, seventeen hundred and eighty-six, she enacted a law restricting her commerce to American vessels, unless the imports were all in bottoms belonging to the countries of which their cargoes were the growth, product, or manufacture, under pain of forfeiture, and levied a tonnage duty of five per cent, on foreign vessels, annexing a condition, that this act should be in force until congress were invested with the necessary powers. She at the same time declared, " that the privilege in the degree retained by the states individu ally of controlling and regulating their own trade, was no longer compatible with the general interest and welfare of the United States ; reason and experience clearly evincing that such a privilege is productive of mutual inconveniences and injuries among ourselves, and that the systems of seve ral nations, by which our merchants are excluded from the most beneficial branches of their commerce, while the whole of ours is laid open to them, cannot be consistently or effectually countervailed but by a unity of counsel in the great representative body of the United States." Connecticut had passed an " act for the regulation of navigation" during the war. In the preamble to it, she re cited, that as " a free, sovereign, independent state, she had an equal right with all other sovereign powers to the free and undisturbed navigation of the high seas, and to exer cise a convenient jurisdiction therein." By this act, her * December 24, 1783. 132 THE EEPUBLIC. [1785. governor was appointed " superintendent of marine," and a revenue system was estabhshed. In May, se\enteen hundred and eighty-four, New-Haven and New-London were declared by her to be free ports. All persons remov ing there for the purpose of commerce, were to become free citizens ; and immunities were oflTered to foreign capi talists who should engage in trade. This act cautiously provided, that no countenance should be given by it to the slave trade, and that it should not contravene any regula tions which congress might be invested with, for the pur pose of regulating commerce. Having granted to that body the power of raising an impost, she in the mean time imposed specific duties on certain enumerated articles, and an advalorem duty of five per cent, on all other imports, not the growth, produce, or manufacture of the United States, whether imported by land or water from any of the states, with a remission to those imported by citizens of the state through another state for their own consumption These duties were subsequently increased as to specified articles, most of which were selected with a view to en courage domestic manufactures, for which purpose, she had enacted laws granting bounties.* Subsequent to this le gislation for local objects, she passed an act "vesting congress with power to regulate the commerce of the United States," While the other members of the confederacy had mani fested so strongly their sense of the evils which the policy of England had inflicted upon them, it was to have been expected that Massachusetts, as the largest navigating state, would have been the earliest to feel, the loudest to reclaim against, the most zealous to oppose, the measures * May, 1784. — A bounty of two pence per ounce on raw silk raised and spun within the state. In 1787, she exempted from taxation buildings appro. priated to the manufacture of woollen cloths, and the operatives from the poU tax, and gave a bounty on spun yarn. Iron works were also exempted from assessment, except slitting mills. iET. 28.] HAMILTON. 133 which paralyzed her industry. But that energetic state was yet under the influence of the party which had been signally hostile to Washington, and jealous of the general govern ment. The actual leader of this party was Samuel Adams ; the nominal head, John Hancock, This gentleman was the child of good fortune. It had conferred upon him an im portance to which he had not been destined by nature. Limited in his information, and narrow in his views, he was content with the influence he had acquired over the less instructed population, in which he was much aided by the exterior graces of manner which adorned this possessor of enormous wealth. Jealous of his superiors, his flatter ers were his advisers ; hence his " great vanity, and exces sive caprice," He was elected the governor of Massachu setts in seventeen hundred and eighty, and continued in office until seventeen hundred and eighty-five, when he resigned his place, shrinking from the responsibilities of a trying crisis. During his administration the government lost its dignity, the laws their influence. Soon after the peace, when financial order was most demanded, her delegates to Congress were instructed to use " unremitting endeavours" to abohsh the office of super intendent of Finance, and to have an annual Treasury Board elected, which, it is seen, was done, A solemn warning was uttered against the dangers of the moneyed influence in the hands of a single person. The refugees were proscribed as aliens* — their property confiscated. A military peace establishment was declared unauthorized by and inconsistent with the Articles of the confederation — dangerous and unnecessary. The Cincinnati were de nounced,! and Knox and Heath concealed their eagles. * Samuel Adams was chairman of the committee. — Files of General Court. f By " Gerry's great zeal."— His Life, i., 420. S. Adams to Gerry: "I 134 THE EEPUBLIC. [1785. The judiciary were directed to suspend judgment in ac tions by British creditors, and a suspension of the interest on debts due to them was continued by law. Members of Congress were declared ineligible to State offices, and even its secretary was required to be annually chosen. Thus an absurd and mischievous jealousy of the powers of that impotent body was sought to be widely circulated. When the voice of freedom is heard in such trills, it must be weak indeed. But the term of this delusion was approaching its close. This fever of the imagination was abating. The people of Massachusetts, though fond of excitement, were too intelli gent, longer to submit to the thraldom of the narrow opin ions of narrow-minded partisans. Grave realities — strong necessities were pressing upon them. These must be met, and met by men equal to the coming crisis. The selfish and the speculative party of the Adamses was for a time cast aside, and a body of patriots — persons of large views, generous purpose, high courage — were charged with the public confidence. New York having lost her vantage ground, by the in fluence of George Clinton, Massachusetts now stood, where from her exertions and her sacrifices, her numbers and her resources, Massachusetts had a right to stand, in the very foreground of national politics, Hancock was succeeded by Bowdoin, the descendant of an affluent Huguenot who took refuge from religious persecution on the bleak, wild, weather-beaten shore of the province of Maine, look upon it to be as rapid a stride towards a military nobility as ever was made in so short a time." John Adams to Gerry : " My countrymen give reputations to individuals that are real tyrannies. No man dare resist or oppose them. No wonder, then, that such reputations introduce chivalry, &c. The cry of gratitude— gratitude is animal magnetism." ^T. 28.] HAMILTON 135 Inheriting an ample fortune, he devoted his leisure to science, was an early and valued correspondent of Frank hn, and was elected a fellow of the Royal Society.* Chosen by his townsmen of Boston to the legislature, he took an active part in urging the plan of union pro posed at Albany in seventeen hundred fifty-four. He next filled a seat in the Council, where he continued until seventy-four, leading the opposition of that body to the arbitrary proceedings of Governor Bernard ; and there after was among the foremost in the revolutionary assem blies, until called to preside over the convention, which formed the constitution of the state in seventy-nine. Thus mature in counsel, and fitted for executive func tions, Bowdoin's long-cherished preference of an efficient union commended him to its highest office in the moment of greatest exigency, and well did he perform his arduous task ; for his sense was strong, his decision manly, his views largely prospective. In April, eighty-five, a town meeting was held at Bos ton under the auspices of Higginson, in whose measures, influenced by the mechanics of that place, Hancock con curred. At this meeting, a petition was preferred to Congress, to contravene the prohibitions of England ; and a circular was addressed to other maritime places, which, after stating the heavy port charges and other duties levied by her, so prejudicial to the carrying-trade of the confederacy, proposed that Congress should be empowered to regulate commerce, in order " to secure reciprocity ; and to form a national establishment," to provide for the national debts, and to protect the trade. Governor Bowdoin, in his first message,! took high ground, John Adams complained, from London, that * Address before the Maine Historical Society, by the Hon. Robert L. Winthrop. \ May 31, 1785. 136 THE EEPUBLIC. [1785, England treated " the United States as a foreign nation," * Bowdoin admitted the undoubted right of foreign nations to regulate their trade, and asserted that "the United States have the same right, and can and ought to regulate their trade, on the same principle," He insisted on their duty to vest the power of regulation in Congress, but did not stop here, " It is of great importance," he proclaim ed, " and the happiness of the United States depends upon it, that Congress should be vested with all the powers necessary to preserve the Union, to manage the general concerns of it, and promote its common interest." With this intent, he proposed a convention whose agreement, when confirmed by the States, would comprehend these powers. This message produced its desired effect. The legis lature passed a resolution, on the first of July, declaring that the powers of Congress were " not fully adequate to the great purposes they were originally designed to effect," and urging congress to recommend " a convention from all the States, to revise the confederation, and report to congress how far it may be necessary, in their opinion, to alter or enlarge the same, in order to secure and perpetu ate the primary objects of the Union." The governor was requested by the General court, to address a letter on this subject to congress, enclosing, for their approbation, a circular to each of the States. A short time before, an act had been passed, intended to retaliate the British restrictions ; and, the next day, a law was enacted, levying discriminating duties, " to encour age agriculture, and to promote manufactures," and im posing an excise duty, and taxes upon luxuries. The immediate motive to this protective legislation was the recent enactment of Connecticut, Bowdoin ad- * Life of Gerry, i., 483. J2T. 28.] HAMILTON. 137 dressed its governor an expostulatory letter as to tne pre ference it gave to foreigners in prejudice to the United States ; that it not only injured the foreign commerce of Massachusetts, but prevented its citizens from vending articles of their own manufacture to the citizens of Con necticut ; " the more exceptionable, inasmuch as for the sake of cementing the Union, which is the true policy of the confederated commonwealth, our laws exact no duties on the manufactures of the United States, and in regard to commerce, their citizens respectively stand upon a foot ing with our own," Immediately after, he transmitted a circular letter to the governors of each of the states, stating that the retalia tory act was " intended as a temporary expedient," urging its concurrence in vesting congress with " a well-guarded power to regulate the trade of the United States," and appealing " to the mutual feeling of friendship and attach ment," " public virtue and supreme regard to the good of the whole, which so powerfully actuated them in the day of common danger, and which will be ever essentially necessary, so long as they shall continue to be one con federated commonwealth," His correspondence with Patrick Henry was most courteously urgent, " I trust," the gallant Moultrie replied, in behalf of South Carolina, " that this state, with every other in the confederation, are well convinced their existence as a nation depends on the strength of the union. Cemented together in one common interest, they are invincible — but ruined when divided, and must fall a sacrifice to internal dissensions and foreign usurpation," Governor Henry assured him of the best dispositions in Virginia. The delegates from Massachusetts to Congress were elected by and represented the feelings of the party 138 THE EEPUBLIC. [1785 which had just been defeated. They were Gerry, Hol- ten, and Rufus King ; the first, long a member, the last, a native of Maine, recently appointed, Bowdoin's letter to the President of Congress was en closed to them, " Should," he wrote, " the nature and importance of the subject appear to Congress in the same point of light that it does to the court, they flatter them selves, that Congress will so far endeavor to carry them into effect, as to recommend a convention of the States, at some convenient place, on an early day, that the evils so severely experienced from the want of adequate power in the Federal Government, may find a remedy as soon as possible. As a perfect harmony among the States is an object no less important than desirable, the legisla ture of the Massachusetts have aimed at that unassuming openness of conduct, and respectful attention to the rights of every State in the Union, as they doubt not will secure their confidence and meet the approbation of Congress, A circular letter to the States is herewith transmitted to Congress, which they are requested to forward with their recommendation for a convention of Delegates from the States, if they should so far concur in sentiment with the court, as to deem such a recommendation advisable," These delegates assumed the great responsibility of withholding from Congress the governor's letter and the resolves of the legislature on a question of the permanence of the Union ! " We have delayed," they stated to him, " any communication with Congress upon this subject, with an intention to state to your excellency our senti ments upon the probable tendency and consequences of the measure, should it be adopted by Congress, and ac ceded to by the states. We are sensible that our duty points out a prompt and exact obedience to the acts and instructions of the legislature, but if a case arises wherein .^T. 28.] HAMILTON. 139 we discover most clearly consequences so fatal, that, had they been known, perhaps the measure adopted would not have been proposed, it may not be improper to delay a final execution until we have the instructions of the legislature, after such pernicious consequences of the measure shall have been submitted to their examination," This exposition of their objections was made, after a delay of two months, on the third of September, It gives an interesting view of the fears and opinions of the party opposed to an effective system of government, " Reasons assigned for suspending the dehvery to con gress of the governor's letter for revising and altering the confederation. It may be necessary previously to observe, that many are of opinion the states have not yet had experience suf ficient to determine the extent of the powers vested in congress by the confederation, and therefore that every measure at this time proposing an alteration is premature ; but admitting the necessity of immediately investing con gress with more commercial powers, it may be expedient to inquire — First — Whether good policy does not require that those powers should be temporary ? In determining this question, we are led to consider the commercial evils to be remedied, the efficacy of tempo rary powers for this purpose, and the disposition of the several states touching the subject. The evils principaUy consist in the impositions, restric tions, and prohibitions of foreign powers on our commerce, and in the embarrassment resulting from the commercial regulations of our own states. How far temporary pow ers can remedy these evils, perhaps time and experience can only determine. Thus much may nevertheless be suggested ; that as several treaties which are now negotia ting by our commissioners in Europe are not to exceed 14:0 THE EEPUBLIC. [1785. the term of fifteen years, if the commercial powers to be vested in congress should be of a similar duration, they may remedy the evils for that term, and at the expiration thereof a new commercial epoch will commence, when the states will have a more clear and comprehensive view of their commercial interests, and of the best means for pro moting the same, whether by treaties abroad, or by the delegation and exercise of greater commercial powers at home. Whatever the disposition of the states may be, it can only be known by their acts ; but the different views which they have had of the subject, give reason to suppose that some legislatures will think temporary commercial powers eligible under present circumstances ; and should this be the opinion of but one, an attempt immediately to delegate perpetual commercial powers must fail, and may prevent a delega tion of temporary powers. For in politics as in private hfe, by aiming at too much, one ofttimes accomplishes no thing. Secondly — If the states are unanimously disposed to in crease the commercial powers of the confederacy, should not the additional powers be in the first instance tempo- rai-y, and the adoption of them as part of the confederation depend on their beneficial eflTects ? This is a question on which we propose not to venture a decided opinion ; but experience teaches us, that in the formation of constitu tions and laws, the wisest men have not been able to fore see the evasions and abuses which in the operation have resulted from vague terms and expressions, latent incon sistencies, artful constructions, and from too full and un guarded a delegation of powers. Whether the subject of commerce, and the danger to which the states may be exposed by a surrender to the union of their commercial authority, are so fully under stood as to justify the consideration of an immediate altera- ^T. 28.] HAMILTON. 141 tion of the confederation, is a matter that the legislatures alone are competent to determine. Any of them who may not be clear as to either of these points, will probably (as in the other case) be in the first instance in favour of tem porary commercial powers, and, if approved by experience, of adopting them as part of the confederation ; but should all the states be in favour of an immediate alteration of the articles, will it not be expedient for them previously to consider — that however great the abuse of this trust may hereafter be, however grievous to a considerable part of the union, the powers once delegated in the confederation, cannot be revoked without the unanimous consent of the states — that this may be earnestly sought for, but never obtained — that the federal and state constitutions are the great bulwarks of liberty — that if they are subject on tri vial, or even important occasions, to be revised and re- revised, altered and realtered, they must cease to be con sidered as effectual and sacred barriers, and, like landmarks frequently changed, will afford no certain rule for ascer taining the boundaries, no criterion for distinguishing be tween the rights of government and those of the people — and, therefore, that every alteration of the articles should be so thoroughly understood and digested, as scarcely to admit the possibility of a disposition for reconsideration. Thirdly — Shall any alteration, either temporary or per petual, be proposed in a way not expressly pointed out by the confederation ? The thirteenth article provides " that every state shall abide by the determination of the United States in congress assembled, on all questions which by this confederation are submitted to them. And the articles of this confederation shall be inviolably ob served by every state, and the union shall be perpetual ; ^nor shall any alteration at any time hereafter be made in any of them, unless such alteration be agreed to in a con gress of the United States, and be afterwards confirmed 142 THE EEPUBLIC. [1785. by the legislatures of every state." Here no provision is made for or against a convention, and therefore it may be said not to be inconsistent with this article ; but as the proceedings of a convention would not be binding on congress, should the latter think themselves under the ne cessity of rejecting the report of the former, would not the states, after having thus incurred a considerable ex pense, be dissatisfied on the occasion ? Would not the mem bers of the convention, which it must be supposed would be men of the first abilities and influence in the several states, be hurt, and opposed in this instance to congress ? And would not parties in the legislatures and among the people, be the consequence ? If so, may not an apprehen sion of these evils have a tendency to influence some mem bers of congress to give up their opinions respecting the repeal, rather than be involved in contentions ; and if such are the prospects of a convention, will not congress con sider it as being contrary to the spirit of the confedera tion ? Indeed we are doubtful whether a measure of this kind would not be viewed as manifesting a want of confi dence in congress, and on this ground meet their disappro bation. Fourthly — If an alteration, either temporary or perpet ual, of the commercial powers of congress is to be consid ered by a convention, shall the latter be authorized to re vise the confederation generally, or only for express pur poses ? The great object of the revolution was the estab lishment of good government, and each of the states in forming their own as well as the federal constitution, have adopted republican principles. Notwithstanding this, plans have been artfully laid and vigorously pursued, which, had they been successful, we think would have inev itably changed our republican governments into baleful aristocracies. These plans are frustrated, but the same spirit remains in their abettors, and the institution of the .^T. 28.] HAMILTON. I43 Cincinnati, honourable and beneficent as the views may have been of the officers who composed it, we fear, if not totally abolished, will have the same tendency. What the eflTect then may be of calling a convention to revise the confederation generally, we leave with your excellency and the 'honourable legislature to determine. We are apprehensive, and it is our duty to declare it, that such a measure would produce throughout the union, an exertion of the friends of an aristocracy to send mem bers who would promote a change of government ; and we can form some judgment of the plan which such mem bers would report to congress. But should the members be altogether republican, such have been the declamations of designing men against the confederation generally, against the rotation of members, which, perhaps, is the best check to corruption, and against the mode of altering the confederation by the unanimous consent of the legisla tures, which effectually prevents innovations in the arti cles by intrigue or surprise, that we think there is great danger of a report which would invest congress with pow ers that the honourable legislature have not the most dis tant intention to delegate. Perhaps it may be said, this can produce no ill effect, because congress may correct the report, however exceptionable ; or, if passed by them, any of the states may refuse to ratify it. True it is that congress and the states have such power, but would not such a report affect the tranquillity and weaken the gov ernment of the union? We have already considered the operation of the report as it would respect con gress ; and if animosities and parties would naturally arise from their rejecting it, how much would these be increased if the report, approved by congress and some of the states, should be rejected by other states ! Would there not be danger of a party spirit being thus more generally diffused and warmly supported ? Far distant we know it to be 144 THE EEPUBLIC. [1785. from the honourable legislature of Massachusetts to give up a single principle of republicanism, but when a general revision shall have proceeded from their motion, and a re port, which to them may be highly offensive, shall have been confirmed by seven states in congress, and ratified by several legislatures, will not these be ready to charge Mas sachusetts with inconsistency in being the first to oppose a measure which the state will be said to have originated ? Massachusetts has great weight, and is considered as one of the most republican states in the union, and when it is known that the legislature have proposed a general re vision, there can be no doubt that they will be represented as being convinced of the necessity of increasing generally the powers of congress, and the opinion of the state will be urged with such art as to convince numbers that the articles of the confederation are altogether exceptionable ; thus, while measures are taken to guard against the evils arising from the want, in one or two particulars, of power in congress, we are in great danger of incurring the other extreme. " More power in congress," has been the cry from all quarters, but especially of those whose views, not being confined to a government that will best promote the happiness of the people, are extended to one that will af ford lucrative employments civil and military. Such a government is an aristocracy, which would require a standing army and a numerous train of pensioners and placemen to prop and support its exalted administration. To recommend one's self to such an administration would be to secure an establishment for life, and at the same time to provide for his posterity. These are pleasing prospects which republican governments do not afford, and it is not to be wondered at, that many persons of elevated views and idle habits in these states, are desirous of the change. We are for increasing the power of congress as far as it will promote the happiness of the people, but at the same ^T, 28.] HAMILTON. I45 time are clearly of opinion that every measure should be avoided which would strengthen the hands of the ene mies to free government, and that an administration of the present confederation, with all its inconveniences, is preferable to the risk of general dissensions and animosi ties, which may approach to anarchy, and prepare the way to a ruinous system of government. Having thus from a sense of duty we owe to the Uni ted States, as well as to our constituents, communicated to your excellency our sentiments on this important subject, we request you to lay them before the honourable legislature at their next session, and to inform them that their meas ures for a general revision of the confederation, if confirm ed, shall be immediately communicated to congress. That no time will be lost by the suspension, since the requisi tion to the important matters before congress would have prevented them from an early attention to the propositions of Massachusetts, and that if these had been approved by congress, many of the legislatures being now adjourned, could not take the same into consideration, E, Gehky, S, HoLTEN, R, King," The views here expressed show conclusively that con gress had not advanced beyond the opinions entertained in eighty-three, when Hamilton abandoned his resolutions for the establishment of a National government, " for want of support," Bowdoin gave a brief, conclusive, pregnant, contemp tuous reply — " The only observation I shall make on the subject is, that if in the Union there is the operation of such discordant principles, as make it hazardous to intrust Congress with powers necessary to its well being, the Union cannot long subsist." The delegates, in answer, Vol, IIL— 10 146 THE EEPUBLIC. [1785. insisted that the wiser course was "to make the powers temporary," to be adopted " when approved by experi ence ; that, if a convention is necessary, its members should be limited in their authority, and confined to the revision of such parts of the confederation as are supposed defective, and not intrusted with a general revision of the articles, and a right to report a plan of federal govern ment essentially different from the Republican form now administered." The consequence of this opposition was the passage of a resolution, declaring that no further proceedings be had for revising the confederation. CHAPTER XLII, In the unavailing effort for self-protection by retahatory commercial regulations, New Hampshire followed the ex ample of Massachusetts. The acts of both these States, as has been seen, were infractions of the treaty with France, A similar pohcy was pursued by Rhode Island, These laws proved the inefficiency of State legislation. During their operation almost every foreign vessel, des tined for those States, sought other ports. A commerce of great value was lost, and with it the revenue which had in part prompted to the discrimination.* These re strictive enactments were soon repealed, and thus all the injuries were suffered, which are the fruits of precipitate legislation. But these evils had a wider influence. The laws levy ing imposts disregarded all uniformity, both as to the rates of duty, and as to the articles on which they were charged.! * Representations were made to the Virginia legislature that her commerce had passed into other States, and that what she lost, Maryland gained by her lower duties. t The disparity of the duties is seen in the fiscal provisions of the Southern States, whose interests at that time approximated. Maryland levied one shil ling and sixpence per ton on goods of those in treaty, two shillings and eight pence ou those not in treaty, on British goods, 6s. 8d., and two shillings extra per ton on other goods. Virginia laid three shilUngs and sixpence on those in treaty, six shillings and .sixpence on those not in treaty, besides two per cent. extra. South Carolina, two shillings and ninepence on British sugars, one shilling and eight pence ou those of other nations. 148 THE EEPUBLIC. [1785 The consequences of this inequahty were soon felt, but in stead of looking to the want of uniformity, as the radical source of the mischief, the wildest remedies were resorted to. Oppressive penalties, accumulated oaths, multiplied revenue officers, extravagant and partial exemptions — the obvious resources of ignorant legislation — followed ; and when these failed, the states were seen competing with each other in a reduction of duties, in order to secure a preference to their own ports. Another consequence of this disordered state of things was the negotiation of com mercial leagues, growing out of geographical causes, be tween the states of New-Jersey and Pennsylvania, and of Maryland and Virginia, in direct contravention of the sixth article of the confederation. The remedy for these evils had been recommended by congress — the investing them with a general power for the regulation of commerce. The delay to embrace it is more decisive than any other fact of the irrational adherence to state rights. Only four states had fully complied with this recommendation. Six had enacted laws clogged with embarrassing conditions Two had wholly disregarded it. How narrow were the views which could not see the advantages of an unrestrained intercourse between the states, thus increasing the variety of exports, and enlarging the field of commercial enterprise ! How blind the jeal ousy which, in withholding a central power to regulate commerce, overlooked the obvious facts, that, intersected as the states are by deeply penetrating rivers, or divided by artificial boundaries, no efficient guards against ihicit trade could be interposed by means consistent with the maxims of a mild policy, and with a moderate expense ; and that the necessary expense would compel a resort to harsh and onerous systems of taxation ; that thus the states " would be obliged," in Hamilton's language, "to strengthen the executive arm of government, in doing which their consti- .iET.28,] HAMILTON, I4.9 tutions would acquire a progressive direction towards monarchy," At the meeting of the legislature of New- York, irt the year seventeen hundred and eighty-four, Governor Clinton proposed an enlargement of the powers of congress, if ne cessary, to counteract the British proclamations. He also suggested the establishment of funds to pay the interest and discharge the principal of the state debt, and indicated as means, exclusive of direct taxation, the sale of the pub hc lands, internal duties and excises, marine passes, and a tax on sales at auction. The suggestion as to the enlarge ment of the powers of congress, was not acted upon. The state preferred exercising a control over its com merce, and having estabhshed a customhouse, passed an act regulating the customs. This act imposed a double duty on distilled spirits imported in vessels having a Brit ish register, but made no other discrimination, A similar duty was, during the next year, proposed on all imports in vessels owned in whole or in part by British subjects, un less, for the purpose of encouraging navigation, such ves sels were built within the state.* Sensible of the necessity of conferring this power on the confederacy, General Schuyler opposed this act in the sen ate, and Duer in the assembly. It was negatived by the council of revision, on the ground " that every attempt by a state to regulate trade without the concurrence of others, must produce injury to the state, without any general good ; that partial duties would lead to countervaihng du ties, and that state legislation on this subject, would inter fere with and embarrass the commercial treaties." It nev ertheless became a law. * Congress had, in April, 1784, recommended the grant of a general pow er to them for this purpose. This local act was passed in the following No. vember. 150 THE EEPUBLIC. [1785, Assured that the conferring on congress the sole power of commercial regulation, would be an important step to wards the institution of a more efficient government, Hamilton is now seen again exerting his influence. The chamber of commerce were advised to petition the legisla ture. A large meeting was convened in New- York, which was earnestly addressed by him, and passed resolu tions recommending the measure. Circulars were issued to the other states, and a correspondence opened, which urged an enlargement of the powers of congress to enable them to regulate trade and to establish a navy. The legislature yielded to these combined efforts, and at the end of the session of seventeen hundred and eighty-five, passed an act to vest congress for a term of fifteen years with power to prohibit the importation or exportation of articles of commerce in the vessels of states " not in treaty," and also to prohibit the subjects of any foreign state, not in treaty, from importing any goods or merchandise, not the produce or manufacture of the sovereign whose subjects they were. But an express proviso was annexed, excluding the United States from collecting any revenue or duties within the state, without the sanction of its legislature. The delay of New- York to concur in this measure of general relief, had created great excitement in the adjoin ing states of New-Jersey and Connecticut. The former declared Perth Amboy and Burlington free ports, and of fered special exemptions to merchants removing thither, as lures to commercial capital. In Connecticut, such was the discontent, that an entire prohibition of all intercourse with its southern neighbour was proposed, and would probably soon have been attempted. While this conflicting legislation prevailed in the various states, the patience of the suffering people was nearly ex hausted. In several, the debtors were seen striving to obtain an ascendency in the legislatures, and by suspension acts to iET, 28.] HAMILTON, 151 delay the collection of debts ; and a general disposition was discovered, notwithstanding its evils had so recently been felt, to seek relief in state emissions of paper money. A majority was found in New- York, in despite of the most earnest remonstrances through the press, in favour of the issue of bills of credit, which were declared a legal tender, and a discrimination was contemplated among the diflTerent classes of creditors. Two-fifths of the debt due by congress to the state were to be provided for, and the claims of the army, of the holders of the loan-office certifi cates, and of the board of treasury, were to be turned over to the exhausted exchequer of the union, — thus by divi ding the interests of the creditors, to weaken one of the principal supports of the continental system, A bill for the emission of state paper also passed the assembly of New-Jersey, but was rejected by the council through the firmness of Governor Livingston, So great was the pop ular excitement against him, that this virtuous patriot was loudly decried and burned in effigy. South Carolina adopted a similar policy. Every effort was made by its citizens to sustain the credit of the paper ; but such were their impoverishment and discord, that it was thought necessary to pass laws tantamount to closing the courts of justice. North Carolina and Georgia* fol lowed this vicious example. Thus, of the southern states, Maryland and Virginia only escaped the contagion. Rhode Island, whose conduct had become a. reproach to its inhabitants, did not merely issue a state paper, but finding it rapidly sinking, passed laws, rendering a refusal of it at specie value highly penal in the first instance — declared that a second offence should be followed by disfi-anchisement, and created special tribunals to try the * The paper of North Carolina is stated to have depreciated 25 per cent ; that of Georgia and Rhode Island, 80 per cent. 152 THE EEPUBLIC. [1785, offenders, depriving, by a formal enactment, the accused party of trial by jury. Clauses were added imposing a test oath to support the paper at par, suspending all officers who should not subscribe it within twenty days after its date, rendering a subscription of this oath a quali fication of the next legislature, and compelhng every male who had arrived at manhood to take it, or be disfranchised. It was called the bloody bill. An information was filed for refusing the paper. The judges of the supreme court decided against it. They were summoned to appear before the assembly to explain their decision : four of them were displaced by the omnipotence of the democracy. Indignant at these reckless proceedings, Connecticut enacted a retaliatory law suspending existing suits, and forbidding the commencement of others. Indications of a similar temper were evinced in Massa chusetts. A proposition was widely circulated, that the New-England states should virtually abdicate the union by the withdrawal of their delegates from congress ; and in the disorganizing rage for dismemberment, her western coun ties began to look to a severance from her dominion. But as a state, Massachusetts firmly adhered to the obligations of good faith, resisted every effort to emit paper, rejected with indignation a proposal to purchase her securities at a depreciated value, granted the impost to congress, and subsequently passed a law to carry into effect its proposi tions for supplementary funds. The vigour of character which distinguished her in her support of the pubhc faith, was not less shown by that part of her population who, from a variety of causes, were opposed to the requirements of justice. While in other states much noisy discontent and angry clamour were heard, among this energetic people dissatis faction soon ripened into rebellion. Peculiar causes had combined to • increase the pressure .^T, 28.] HAMILTON. ]53 on the states of Massachusetts and New-Hampshire, Their seaboard population, from being engaged in the fisheries, and thus following pursuits far removed from the influence of the laws, were little accustomed to re straint. Thrown out of their ordinary occupations at a time when the price of labour was low, they were com pelled to seek subsistence on any terms, and thus diminished its general value. The demand for supplies created by their remote expeditions had ceased. The commercial restrictions prevented the outlet of the surplus produce of the state ; and thus both classes, the grower and the con sumer, were mutually impoverished ; and the taxes, which prior to the revolution had little exceeded one hundred thousand pounds, had augmented to an enormous amount. The depreciation of the currency increased the distress. While it enhanced the nominal amount of the taxes and public charges, by interrupting private credit, it deterred from pursuits which alone could provide resources for their discharge, and led on to speculative measures, all of which aggravated the evil. A large number also of the inhabitants had been called out by military requisitions during the war on temporary expe ditions, and leaving the sober routine of ordinary life, had acquired all the licentiousness without the discipline of the camp. The firmness of the legislature put in motion every active and turbulent spirit. Combinations were formed en tertaining desperate designs, and conventions of delegates from extensive districts of the state were held, which adopt ed the most violent resolutions, censuring every measure that had been taken to fulfil the public engagements ; declaring open hostility to the ministers of justice ; calluig for an abolition of all existing contracts ; claiming an equal dis tribution of property ; and at the same time professing that their proceedings were constitutional ! This ebulhtion was soon followed by acts of open resist- 154 THE EEPUBLIC. [1786. ance to the laws. The courts were surrounded by insur gents ; mobs accompanied the judges in their circuits ; and in the three western and largest counties of the state, all legal process was defied. On intelligence of these pro ceedings, the state government attempted to exert its civil power ; but instead of repressing, this confirmed and irri tated the insurgents. The contagion spread from town to town, and it at last became manifest that a military force could alone overawe their violence. The legislature having been convened, measures were adopted, not without opposition from those claiming the appellation of the friends of the people, conferring powers on the executive equal to the emergency. These became the subjects of louder clamours and greater irri tation. Offers of pardon were disregarded. Renewed and more extensive opposition was excited against the courts of justice, which were in one instance compelled to stipulate to hold no future sessions, and in another to give hostages for the protection of the insurgents. In Taunton, it was deemed necessary to station a body of militia to secure the judges and the jury from per sonal violence. The discontented, who had previously shown themselves in detached parties, moved to a com mon point ; and at last a body of a thousand insurgents was collected under the command of a late captain in the continental army, who billeted themselves upon the inhabit ants, and apprehended every person obnoxious to their views. The necessity of abandoning the lenity which had thus far governed the councils of the state, now became ob vious. Orders were given to the militia to march upon cer tain positions, and the assembled corps were put in motion — one under General Lincoln, the other under General Shephard — to check the progress of the insurrection. These decisive steps were attended with complete success. The insurgents in most instances fled before the mihtary. ^T. 28.] HAMILTON, I55 Where they made a stand, their resistance was feeble and heartless, and after a few occasional skirmishes, they dis persed and took refuge in the adjacent states. With little hope of success, and without the means of keeping in a body, they soon dwindled into insignificance, and except a few predatory incursions by which the frontiers of the state were harassed, quiet was restored. In New-Hampshire,* a similar spirit had been also aroused. In the beginning of eighty-five, the legislature, yielding to the distresses of the people, had enacted a law making every species of property a tender at an appraised value. The creditors consequently withheld their demands, and the debtors neglected payment. Goods and real pro perty being thereby substituted as a medium of exchange, specie was hoarded, credit suspended, and the distress in creased. A convention was held which urged upon the government the emission of bills of credit, that should be a legal tender. A plan was formed by the legislature for an issue, to be loaned on landed security, redeemable at a future period, which was submitted to the people ; but before any expression of opinion could be obtained, an armed body assembled at Exeter, the seat of government, where the legislature was in session, and demanded an immediate compliance with their terms. The alarmed assembly pro posed to consider their complaints ; but the senate main tained its dignity. General Sullivan, who was the presi dent, addressed the people, exposing the absurdity of their demands, and avowing his determination^^ even if the whole state was in favour of the measure, not to yield while they were surrounded by an armed force ; and that no consider ation of personal danger should compel him to so flagrant a violation of the constitutional rights of the people. The contumacious mob then beat to arms, loaded their » Collections of the New-Hampshire Historical Society, 156 THE EEPUBLIC. [1785. muskets with ball, and placing sentinels at the doors, held the legislature prisoners throughout the day. At night fall, Sullivan again addressed them. In reply to his flrm harangue, nothing was heard but loud clamours for "joa- •per money" — "an equal distribution of property" — "the an nihilation of debts" — and " a release of taxes." At this moment a drum was heard, and a party came in sight, huzzaing for government. The mob was alarmed, and Sullivan, followed by the legislature, passed unimpeded through its dense col umns. He immediately reassembled the legislature in another place, issued orders at midnight for the militia, and a body of two thousand being collected at an early hour, he ad vanced and addressed the insurgents, drawn up in order of battle, A part yielded, the rest fled, and, except to an attempt to seize the persons of their leaders, no resistance was offered. The contest was soon after transferred from the field to the elections, and, without any diminished cause of dis content, the people settled down in a general submission to the laws. The leaders. Parsons, Shays, and French, threw themselves on the mercy of government, which, with a prudent mildness, was satisfied with their disfranchisement. It would be an error to pronounce the issue of these events merely fortunate, for where can an instance be ad duced of so great and long-continued an excitement, pro ceeding from such ample causes, among a people just emerging from a civil war, subdued so soon by a reluctant exercise of power, and that power the very people, most of whom were participators in the sufferings which sharp ened the edge of discontent ? The ease with which this insurrection was suppressed, may be in part attributed to the influence of a few of the leaders in the revolution, who continued to possess the confidence of the public ; but more is to be ascribed to the character of an enlightened and not dense community, where an equal condition and equal forms of government iET. 28.] HAMILTON. I57 had produced habits of obedience to, and reverence for, the laws. But it would be not less an error to overlook the fact, that the issue of this controversy is a rare excep tion to the usual course of such events, and to infer from it, that a civilized society may safely repose upon the un directed virtue and intelligence of its members. The tendency of civilization is to produce inequahties of condi tion, and in the short period which has elapsed since this rebellion, and notwithstanding the propitious circumstances in which she has been placed, it would be vain at this time to expect, even in Massachusetts, a similar result. A more extraordinary deduction has been drawn from the tranquil termination of this contest with the laws — that re bellions are salutary ; " that the tree of liberty must be wa tered with blood,"* and that societies which rely for the preservation of order upon the vigour of government, are unwisely constituted. Every violent aggression upon constitutional authority is an invasion of the first principle of social institutions ; and little permanence or happiness can those institutions hope to enjoy, or to preserve, which for a moment admit the dangerous doctrine, except in the extreme cases which justify a revolution, of a resort to force. Another inference must be adverted to, because it is known to be the basis upon which a large superstructure of invidious censure upon the people of New-England has been raised — that these scenes prompted in that part of the confederacy a desire for a monarchical form of government. This is an error natural to the region of country in which it was propagated ; for where slavery debases all at least below the rank of master, how short is the interval between re volt and ruin ; how great the excuse for rigour in the harsh ; how little room for lenity in the gentle ; how fear- * Jefferson's writings. 158 THE EEPUBLIC. [1785. ful the consequence of awakening the sufferer to a sense of his injuries ; how prone the mind to power ! But there is no analogy in the respective circumstances of the south ern and the eastern states. Under less equal forms, rebel lion has usually produced some great modification of the political system, either by larger grants of privilege to the subject, or greater concentration of strength in the rulers ; but in New-England, weakness made no sacrifices, power acquired no augmentation, and the insurgents were seen to lay down their arms, not as trembling vassals, reduced to the sway of an imperious master, but as an erring part of the people rejoining the mass, happy to return under the protection of laws which they had shared in framing, and knew they could participate in modifying. There is not an authenticated fact to show, that these events excited a wish for any other than a more efficient but equally free government. Whether by giving a different direction to the public mind, and offering a new hope of relief, the proposed con vention of the states would have prevented these alarming occurrences, it is impossible to determine. The despair of aid from state legislation may have stimulated the peo ple to violence ; but it is rather to be believed that the popular feelings were too much excited, the suffering too great and extensive, to have waited the issue of so slow a process. The rebellious temper of the populace rendered a vigorous exertion of the powers of government neces sary ; and it cannot be doubted, that this necessity had much influence in inducing the states to consent to the es tablishment of the federal constitution. The prostration of commerce, the poverty and anarchy of the couBtry, the hopeless prospect before them, com pelled the people to feel the want of that which Hamilton was the first to indicate as the only resource — " a more perfect union," New- York had been the earliest to pro- ^T. 29.] HAMILTON. I59 pose a convention of the states. After longer experience, Massachusetts had declared her conviction of its necessity ; to which Virginia, eminently jealous of her state sove reignty, was impelled by peculiar circumstances at last to assent. Her geographical position rendered it extremely difficult to establish an efficient, and at the same time an indepen dent revenue system. This difficulty had early suggested the importance of forming a compact with Maryland, as to the jurisdiction of their confluent waters ; and in De cember, seventeen hundred and seventy-seven, commis sioners were appointed by Virginia for this object. The subject was resumed in seventeen hundred and eighty-four, and a similar commission created. Nothing having been effected by them, new commissioners were chosen in the succeeding year, who met the deputies of Maryland at Mount Vernon. There they agreed upon an act regula ting the commercial intercourse through the Potomac and Chesapeake, and defining the jurisdiction of each state. But at the moment of framing this compact, they deemed it necessary to extend its provisions so as to authorize the establishment of a naval force to protect these estuaries, and the formation of a mutual tariff This compact, by the articles of the confederation, required the previous consent of congress. To obviate that difficulty, these de puties recommended to their respective states the appoint ment of other commissioners with enlarged powers, to whose proceedings the permission of congress was to be solicited. On the thirteenth of January, seventeen hundred and eighty-six, resolutions passed the legislature of Virginia for a uniformity of duties between the two states, and that commissioners should be chosen to meet annually, if re quired, to regulate their mutual commercial interests They were instructed particularly to provide, that foreign 160 THE EEPUBLIC. [1786. gold should pass at the same rate in both states, and that the same amount of damages should be charged on pro tested bills of exchange, A few days after, the house of delegates passed a resolution, directing the projected ar rangement to be communicated to all the other states, who were invited to send deputies to a general meeting for the precise purpose " of considering how far a uniform system of taxation in their commercial intercourse and regula tions might be necessary to their common interest and permanent harmony ; and to report an act relative to this great object, which, when ratified, would enable the United States, in congress assembled, effectually to provide for the same."* Thus it will be seen that Virginia merely con templated a commercial arrangement, falling far short of the policy which New- York and Massachusetts had pre viously embraced. Her reluctance in granting, and her repeals of the im post ;! her hostility to a federal judiciary ; her jealousy as to the Mississippi ; — all leave httle room for doubt, that the project of a continental convention to frame a constitution, would at an earlier period have been feebly sustained by her. Washington's circular letter had produced no action on her part, and her councils were swayed by penmen who looked upon an invigoration of the union with jealousy, because the suggestion had emanated from the army, and who, speculating in their closets on the dangers of con ferring power, had not considered how much greater were the evils of usurpation, even from " necessity," than those * This resolution was moved by John Tyler, on the maternal side, of Hu guenot descent. f In a letter from R. H. Lee, he states his apprehensions of alterations m the articles of the confederation, that he had " ever been opposed to the five per cent, impost," that he never could agree that congress "shall dictate the mode of taxation, or that the collection shaU in any manner be subject to congressional control." He was opposed to the power of regulating trade — Ijfe, V. 2, T-T>. 69. 71. ^T. 29.] HAMILTON, 161 of a large constitutional authority.* Yet the precedence of that state in this important measure, has been claimed without hesitation, and generally received as a part of American history. It is time that this error, with many others, should be corrected. Soon after this project was first agitated, Hamilton, whose mind had ever laboured with the great design of a national constitution, determined to bring about the co operation of New- York. It was a part of his plan, that the state legislature should definitively adopt or reject the revenue system of seventeen hundred and eighty-three, and in case of its rejection, should appoint commissioners to attend the commercial convention. "Hamilton," Troup relates, " had no idea that the legislature could be prevail ed on to adopt the system as recommended by congress, neither had'he any partiality for a, commercial convention, otherwise than as a stepping stone to a general conven tion, to form a general constitution. In pursuance of his plan, the late Mr. Duer, the late Colonel Malcom, and myself, were sent to the state legislature as part of the * In a letter of Madison to R. H. Lee, he observes, " I have not yet found leisure to scan the project of a continental convention with so close an eye as to have made up any observations worthy of being mentioned to you. In general, I hold it for a maxim, that the union of the states is essential for their safety against foreign danger aud internal contention, and that the perpetui. ty and efficacy of the present system cannot be confided in. The question therefore is, in what mode and at what moment the experiment for supplying the defects ought to be made. The answer to this question cannot be made without a knowledge, greater than I possess, of the temper and views of the different states. Virginia seems, I think, to have excellent dispositions to wards the confederacy, but her assent or dissent to such a proposition, would probably depend much upon the chance of having no opponent capable of rousing the jealousies and prejudices of the assembly against innovations, particularly such as will derogate from their own power and importance. Should a view of the other states present no objections against the experi ment, individually, I would wish none to be presupposed here." — 2 Life of R. H. Lee, p. 220. Dec. 25, 1784. 162 THE EEPUBLIC. [1786. city delegation, and we were to make every possible effort to accomplish Hamilton's objects. " Duer was a man of commanding eloquence. We went to the legislature, and pressed totis viribus the grant of the impost agreeably to the requisition of congress. We failed in obtaining it. The resolutions of Virginia were communicated by Governor Clinton, on the fourteenth of March, seventeen hundred and eighty-six. We went all our strength in the appointment of commissioners to attend the commercial convention, in which we were successful. The commissioners were instructed to report their pro ceedings to the next legislature : Hamilton was appointed one of them. Thus it was, that he was the principal instrument to turn this state to a course of policy that saved our country from incalculable mischiefs, if not from total ruin." While this subject was in agitation in other states, Gov ernor Bowdoin was using all his influence to incite the people of Massachusetts to the promotion of their true in terests. In a special message, he urged upon the legisla ture the protection of manufactures, stating that the looms were idle, in consequence of excessive importations. On a subsequent occasion, after descanting upon the impor tance of conferring the necessary powers upon congress, he placed before them the serious inquiry, " Shall the union cease to exist ?" and as soon as he received the circular of Virginia, he recommended the appointment of commis sioners to the commercial convention, which the legislature approved. New- Jersey, Delaware, and Pennsylvania co operated in the measure. "The delegates appointed by New-York were Hamilton, Duane, Robert R. Livingston, Robert C. Livingston, Benson, and Gansevoort. Ganse- voort declined the appointment. Duane was prevented attending by indisposition, Robert R, Livingston by bu siness. Hamilton and Benson (then attorney-general of .iET. 29.] HAMILTON. 163 the state) proceeded to Annapolis, where they met the other commissioners," After a short interview, "a com mittee was appointed to prepare an address to the states, which was reported and agreed to, — the whole in the course of three or four days, and we separated. The draft was by Hamilton, although not formally one of the com mittee."* In the draft as originally framed, Hamilton had exhibit ed frankly and at large the condition of the states, and the necessity of an efficient government. But it was thought,! from the sentiments of some of the delegates, and the lukewarmness exhibited by the non-attendance of so many states, that his statements were too explicit, and he re duced the address to the form in which it now appears, sign ed by Governor Dickinson, as chairman of the meeting. Annapolis, September 14th, 1786. " To the honourable the legislatures of Virginia, Delaware, Pennsylvania, and New- York. " The commissioners from the said states respectively assembled at Annapolis, humbly beg leave to report. That pursuant to their several appointments, they met at Anna polis, in the state of Maryland, on the eleventh day of September, instant, and having proceeded to a communi cation of their powers, they found that the states of New- York, Pennsylvania, and Virginia, had in substance, and nearly in the same terms, authorized their respective com missioners to meet such commissioners as were or might be appointed by the other states in the union, at such time and place as should be agreed upon by the said commis sioners, to take into consideration the trade and commerce * Memoir published by Judge Benson. t The governor, Edmund Randolph, objected to the report as first framed. Madison then observed to Hamilton, " You had better yield to this man, for otherwise all Virginia will be against you." 164 THE EEPUBLIC. [1786. of the United States, to consider how far an uniform system in their commercial intercourse and regulations might be necessary to their common interest and permanent harmo ny, and to report to the several states such an act relative to this great object, as, when unanimously ratified by them, would enable the United States in congress assembled effectually to provide for the same, " That the state of Delaware had given similar powers to their commissioners ; with this difference only, that the act to be framed in virtue of these powers, is required to be reported ' to the United States- in congress assembled, to be agreed to by them, and confirmed by the legislature of every state.' " That the state of New-Jersey had enlarged the object of their appointment, empowering their commissioners ' to consider how far an uniform system in their commercial regulations, and other important matters, might be neces sary to the common interest and permanent harmony of the several states ; and to report such an act on the subject, as, when ratified by them, would enable the United States in congress assembled effectually to provide for the exi gencies of the union.' " That appointments of commissioners have also been made by the states of New-Hampshire, Massachusetts, Rhode Island, and North Carolina, none of whom, how ever, have attended. But that no information has been received by your commissioners of any appointment hav ing been made by the states of Connecticut, Maryland, South Carolina, or Georgia, That the express terms of the powers to your commissioners supposing a deputation from all the states, and having for their object the trade and commerce of the United States, your commissioners did not conceive it advisable to proceed to the business of their mission under the circumstance of so partial and defective a representation. .^T. 29.] HAMILTON. 165 " Deeply impressed, however, with the magnitude and importance of the object confided to them on this occasion, your commissioners cannot forbear to indulge an expres sion of their earnest and unanimous wish that speedy meas ures may be taken to effect a general meeting of the states in a future convention for the same, and such other pur poses, as the situation of public affairs may be found to require. " If in expressing this wish, or intimating any other senti ment, your commissioners should seem to exceed the strict bounds of their appointment, they entertain a full confi dence that a conduct dictated by an anxiety for the wel fare of the United States will not fail to receive a favour able construction. In this persuasion, your commissioners submit an opinion that the idea of extending the powers of their deputies to other objects than those of commerce, which had been adopted by the state of New-Jersey, was an improvement on the original plan, and will deserve to be incorporated into that of a future convention. They are the more naturally led to this conclusion, as, in the course of their reflections on the subject, they have been induced to think that the power of regulating trade is of such comprehensive extent, and will enter so far into the general system of the federal government, that to give it efficacy, and to obviate questions and doubts concerning its precise nature and limits, may require a correspondent adjustment of other parts of the federal system. That there are important defects in the system of the federal government, is acknowledged by the acts of all those states which have concurred in the present meeting ; that the defects, upon a closer examination, may be found greater and more numerous than even these acts imply, is at least so far probable, from the embarrassments which characterize the present state of our national affairs foreign and domestic, as may reasonably be supposed 166 THE EEPUBLIC. [1786. to merit a deliberate and candid discussion in some mode which will unite the sentiments and councils of all the states. " In the choice of the mode, your commissioners are of the opinion that a convention of deputies from the differ ent states for the special and sole purpose of entering into this investigation, and digesting a plan of supplying such defects as may be discovered to exist, will be entitled to a preference, from considerations which will occur without being particularized. Your commissioners decline an enu meration of those national circumstances on which their opinion respecting the propriety of a future convention with those enlarged powers is founded, as it would be an intrusion of facts and observations, most of which have been frequently the subject of public discussion, and none of which can have escaped the penetration of those to whom they would in this instance be addressed. " They are, however, of a nature so serious, as, in the view of your commissioners, to render the situation of the Uni ted States delicate and critical, calling for an exertion of the united virtue and wisdom of all the members of the confederacy. Under this impression, your commissioners with the most respectful deference beg leave to suggest their unanimous conviction, that it may effectually tend to advance the interests of the union, if the states by which they have been respectively delegated would concur them selves, and use their endeavours to procure the concur rence of the other states, in the appointment of commis sioners to meet at Philadelphia on the second Monday in May next, to take into consideration the situation of the United States, to devise such further provisions as shall appear to them necessary to render the constitution of the federal government adequate to the exigencies of the union, and to report such an act for that purpose to the United States in congress assembled, as, when agreed to by them .^T. 29.] HAMILTON. 167 and afterwards confirmed by the legislature of every state, will effectually provide for the same, " Though your commissioners could not with propriety address these observations and sentiments to any but the states they have the honour to represent, they have never theless concluded, from motives of respect, to transmit copies of this report to the United States in congress as sembled, and to the executives of the other States," The terms of this address were cautiously selected, so as to be in strict accordance with the thirteenth article of the confederation, while the latitude with which the object of the proposed convention is expressed, indicates Hamil ton's determined purpose to establish a well-organized National Government, CHAPTER XLIII. It has been seen that the conferring on congress the power of levying a national impost, was the great dividing question on which the two parties that existed in America were arrayed. By the friends of a general and enlarged policy, or, as they were then styled, of " continental poli tics," this measure was regarded as one involving the fate of the country, for without such a power it was obvious that the confederation, feeble and inadequate as it had proved, could not be longer preserved. Its opponents were those who had coalesced, either from disappointment in not having acquired an influence in the general councils, from a desire to retain powers in the states that might be wielded for the gratification of their ambition, from an un defined or pretended apprehension of the dangers to their lib erties which might result from so large a confidence as the control of the national funds, and in certain states from a calculation of the partial benefits to be derived from peculiar circumstances of more extensive territory, favourable posi tion, and natural advantages. These lent themselves to the most absurd suspicions, deprecated any advance towards this great object as an approach to a gulf in which every vestige of liberty would be merged, and appealing to each narrow passion, the offspring of inconsiderateness, igno rance, or pride, gratified their vanity, and increased their influence, by being esteemed the zealous watchmen of lib erty, and especial guardians of state rights. This party was the proper growth of the articles of confederation. ^T. 29.] HAMILTON. 169 It had acquired a complete ascendency throughout the country, thus affording another proof that false principles, while they hasten decay in the system into which they en ter, give a noxious vitality to the parasitic plants which flourish in the progress of its corruption. That ascendency was inconsistent with the preservation of the Union ; nor should we know from its effects at this time that the Union existed, but that the pageantry of a congress was stih kept up. The members chosen to meet in November, seventeen hundred and eighty-five, did not assemble until February, seventeen hundred and eighty-six. Their first dehberations related to the finances. The re port of a committee showed that the requisitions for the four preceding years a little exceeded seven millions of dollars ; that the total receipts were rather more than one- third of this sum, of which less than one-tenth had been collected within the last fourteen months ; that the means for discharging the interest on the foreign debt would have been inadequate, but for the unappropriated residue of the Dutch loan ; that further loans could not be obtained ; that the emission of bills of credit was hopeless ; that the only remaining resource was the public lands — but public securities being receivable for them, they could only aid in reducing the public debt ; and that, after the maturest consideration, they were unable to devise any other than the revenue system of seventeen hundred and eighty-three. It then proceeded to state, that seven states had complied with it in part ; that Pennsylvania and Delaware had only granted it provisionally, and that Rhode Island, New- York, Maryland, and Georgia, had not decided in favour of any part of a system " so long since and so repeatedly presented for their adoption," It closed with the following impres sive appeal : — " The committee observe with great concern that the security of the navigation and commerce of the citizens of these states from the Barbary powers ; the pro- 170 THE EEPUBLIC. [1786, tection of the frontier inhabitants from the savages ; the immediate establishment of military magazines in different parts of the union, rendered indispensable by the principles of public safety ; the maintenance of the federal govern ment at home, and the support of the public servants abroad ; — each and all depend upon the contributions of the states under the annual requisitions of congress. The moneys essentially necessary for these important objects will so far exceed the sums formerly collected from the states by taxes, that no hope can be indulged of being able from that source to make any remittances for the discharge of foreign engagements, " Thus circumstanced, after the most solemn deliberation, and under the fullest conviction that the public embarrass ments are such as above represented, and that they are daily increasing, the committee are of opinion that it has become the duty of congress to declare most exphcitly that the crisis has arrived when the people of these United States, by whose will and for whose benefit the federal government was instituted, must decide whether they will support their rank as a nation by maintaining the public faith at home and abroad, or whether, for want of timely exertion in establishing a general revenue, and thereby giving strength to the confederacy, they will hazard, not only the existence of the union, but of those great and in valuable privileges for which they have so arduously and so honourably contended," This strong language was followed by resolutions, in which, to efface the erroneous impressions produced by Jefferson's scheme of counterbalancing deficiencies, and " in order that congress may remain wholly acquitted from every imputation of a want of attention to the interests and welfare of those whom they represent," they declare — First, that the requisitions of seventeen hundred and eighty-four and eighty-five, cannot be considered as the iET. 29.] HAMILTON. lYl establishment of a system of general revenue in opposition to that recommended in seventeen hundred and eighty- three ; second, they recommend to the delinquent states an accession to that system in all its parts ; and last, pro claim, that whilst congress are denied the means of satis fying those engagements which they have constitutionahy entered into for the common benefit of the union, they hold it their duty to warn their constituents that the most fatal evils will inevitably flow from a breach of public faith pledged by solemn contract, and a violation of those principles of justice which are the only solid basis of the honour and prosperity of nations."* Although Pennsylvania and Delaware had not complied strictly with the system of seventeen hundred and eighty- three, it became apparent that the non-concurrence of New- York was the only serious obstacle to its establishment. Under these circumstances, the public attention in that state was wholly devoted to this subject. A strong memorial to the legislature from the pen of Hamilton was vndely circulated. It stated, "that the community had seen with peculiar regret the delay which had hitherto attended the adoption of the revenue system ; that the anxiety which they had all along felt from mo tives of a more general nature, is at the present juncture increased by this particular consideration, that the state of New- York now stands almost alone, in a non-comphance with a measure in which the sentiments and wishes of the union at large appear to unite, and by a further delay may ren der itself responsible for consequences too serious not to affect every considerate man ; that all the considerations important to a state, all the motives of pubhc honour, faith, reputation, interest, and safety, conspire to urge a compli- * E. King was chairman of this committee, and it is to be presumed was tlie author of this important document. 172 THE EEPUBLIC. [1786. ance with that measure — that government without reve nue cannot subsist — that the mode provided in the con federation for supplying the treasury of the United States has in experiment been found inadequate — that any objec tion to it as a measure not warranted by the confederation is refuted by the thirteenth article, which provides that alterations may be made, if agreed to by congress and confirmed by the legislatures of each state ; and the con duct of this state itself in adopting the proposed change of the eighth article is a precedent in which we find the principle reduced to practice, and affords a complete an swer to every pretence of the revenue system being un constitutional. That as to danger in vesting the United States with these funds, your memorialists consider their interests and liberties as not less safe in the hands of their fellow-citizens delegated to represent them for one year in congress, than in the hands of their fellow-citizens dele gated to represent them for one, or four years, in the sen ate and assembly of this state" — " That government imphes trust, and every government must be trusted so far as it is necessary to enable it to attain the ends for which it is in stituted, without which must result insult and oppression from abroad, confusion and convulsion at home." The public men throughout the state took an open stand on this question ; the newspapers were filled with discus sions of its merits,* and the elections turned solely on this point. The head of the opposition was the governor, whose in fluence, after an administration of nine years, had become almost irresistible. In the southern district, though opposed by the commercial members of the community, whose » The most noticed of the writings against the grant of the impost, were a series of numbers signed " Rough Hewer," of which the author was Abra ham Yates, a member of the legislature and a zealous partisan of Clinton. .^T. 29.] HA'MILTON. 173 hopes had centred upon Hamilton ; Clinton was supported by a combination of interests — ^by the most violent of the whigs, and the most violent of the tories, who had become zealous whigs. In the interior of the state his ascendency was limited only by the opposition of a few intelhgent men on the eastern borders of the Hudson, guided by Chancel lor Livingston, and by the active and unceasing exertions of General Schuyler in the northern and western districts, where he was yet recollected as their most energetic pro tector and enlightened friend. To judge merely from the official communications of Clinton, the inference would be drawn, that though not a zealous champion, he was a decided friend to the federal system ; but the measures which marked the policy of the state, and which were directed by him, indicated very dif ferent purposes. In pursuance of the recommendation of congress, New- York, on the nineteenth of March, seventeen hundred and eighty-one, passed an act which, after granting the duties to that body, provided, " that they should be levied and collected in such manner and form, and under such pains, penalties, and regulations, and by such officers, as con gress should from time to time make, order, direct, and appoint." Soon, however, after the indications of peace, the policy of the state changed. The act of seventeen hundred and eighty-one was repealed, and on the fifteenth March, seventeen hundred and eighty-three, a law was enacted granting the duties ; but departing from the principles which had prompted this measure at its inception, and which prevailed during a period of danger, directed them to be collected by the officers and under the authority of the state. This law, combined with other circumstances, in duced congress to recommend the system that was adopted on the eighteenth of March, seventeen hundred and eighty- 174 THE EEPUBLIC. [1786. three, which yielded the appointment of the revenue offi cers to the states, but rendered them amenable to, and removable by, the United States* alone. Early in the year seventeen hundred and eighty-four, a motion was made in the legislature of New- York, urging the abolition of the officers of superintendent of finance and of continental receiver, which was foflowed by the acts establishing a customhouse and a revenue system. The immense and improvident speculations made on the return of peace, poured into the coffers of that state a large revenue. This was subsequently increased by the navigation acts of other states, which rendered New- York the entrepot of the whole region east of the Delaware, and presented to her tempting prospects of future wealth. Bhnded by these adventitious circumstances to the supe rior advantages to be derived from the general prosperity of the whole union, the idea of state aggrandizement engrossed the thoughts of Clinton, who, had the desire of establishing a separate government ever conflicted in his mind with a more comprehensive patriotism, would have regarded this as the great 'source of influence and power. To whatever cause it may be attributed, it became the settled pohcy of New- York to defeat the proposition for a national revenue. A measure conforming with the recom mendation of congress was proposed in the legislature in seventeen hundred and eighty-four, and failed. It was « In a letter to Hamilton, Schuyler remarks, May 4th, 1783 : " Although our legislature seems still inclined to confer powers on congress adequate to the proper discharge of the great duties of the sovereign council of these states, yet I perceive with pain that some, chagrined at disappointment, are already attempting to inculcate a contrary principle, and I fear it will gam too deep a root to be eradicated, until such confusion prevails as will make men deeply feel the necessity of not retaining so much sovereignty in the states individually." .^T. 29.] HAMILTON. I75 again brought forward in seventeen hundred and eighty- five, and again failed by two votes in the senate. At the close of the session of seventeen hundred and eighty-six, in which the exertions of Schuyler to induce the grant were most conspicuous, a law was enacted giv ing the revenue to congress, but reserving to the state " the sole power of levying and collecting " the duties ; the con ferring of which power on congress, was an indispensable and express condition of the acts of some of the other states. Instead of making the collectors amenable, and removable by congress, it subjected them to the exclusive jurisdiction of the state courts. It also rendered the duties payable in the bills of credit of the state, and thus so entirely contravened the plan of seventeen hundred and eighty-three, as to be equivalent to its rejection. This enactment was defended by the argument that congress, being a single body, and consequently without checks, would be apt to misapply the money arising from it. All hope had, in the mean time, centred in this question ; and palsied for the want of resources, congress is seen de bating Indian treaties, consulting measures to suppress their hostihties, discussing the inquiry whether a member could, without permission from that body or from his state with draw from his seat, and suspending all action, waiting the decision of New- York.* * The confederation required nine states to form a quorum for evety es sential purpose. Each state had one vote — no state could be represented by less than two members. The withdrawal therefore of a member could sus pend its functions, and yet New-York, Maryland, and Virginia, affirmed the absolute right to withdraw, and New-Hampshire, Rhode Island, Connecti cut, and Georgia were divided. For the right — William Grayson, John Haring, Harrison, Henry, Hindman, Houston, Livermore, Miller, Mitchell, James Monroe, Melancton Smith ; against it — Bayard, Bloodworth, Dane, Few, N. Gorham, Homblower, DI. Huger, William Samuel Johnston, Ru. fus King, Lee, Long, Manning, Parker, Petit, Charles Pinckney, Sedg wick, Symmes, White. 176 THE EEPUBLIC. [1786. Perceiving that no benefit could be derived from the law recently passed by this state ; that if acceded to, the acts of twelve adopting states (for Rhode Island had meanwhile concurred) would, by their conditions, which required the concurrence of all the states, become void ; that the provision which rendered the duties payable in bills of credit was most pernicious, as it would, on the same principle, admit all the paper money of the other states at various rates of depreciation, thus reducing the revenue, producing an inequality in the public burdens, and deter ring the states averse from paper money from engaging in the measure — congress treated it as a nullity. Feeling deeply their humiliating condition in being una ble to meet the claims of foreigners who had advanced money to prosecute the war, and to discharge the inter est on the foreign debt without new loans in Europe, and thereby compounding it, they passed a resolution requesting Governor Clinton to convene the legislature for the purpose of submitting this subject again to its consideration. To this apphcation, involving such mo mentous consequences, Clinton replied by letter, stating that " he entertcHued the highest deference and respect for the authority of congress, and that it would afford him the greatest pleasure to have it in his power to comply with their recommendations, but that he had not the power to convene the legislature before the time fixed by law for their stated meeting, except upon * extraordinary occasions' and as the present business had already been particularly laid before them, and so recently as at their last session received their determination, it cannot come within that description." Soon after receiving this communication, congress then sitting at New- York, adopted a series of resolutions, de claring that the act of New- York was not a comphance with the general plan. " That the present critical and em- ^T. 29.] HAMILTON. I77 barrassed state of the finances was such as to require that the system of impost should be carried into immediate effect ; that they consider this ' an occasion sufficiently im portant and extraordinary' for the convening of the legisla ture, and ' earnestly' recommend that it should be ' immedi ately' called." Clinton was immovable. This earnest and solemn appeal of the confederacy was disregarded, and the hope of establishing a general revenue was almost aban doned. While the dignity of the nation was thus prostrated be fore the executive of a single state, difficulties, the conse quences of recent example, were pending with several others. New-Jersey, wearied with fruitless efforts to in culcate the benefits of a national system, and jealous of the commercial prosperity of New- York, early in this year had resorted to decisive measures. She passed a resolution (reciting as a reason for it the delinquency of other states) by which she refused a compliance with the requisition of congress for her quota, " until all the states in the union had complied with the revenue system of seventeen hun dred and eighty-three, or until states having peculiar com mercial advantages should forbear a system of partial le gislation." This formidable decision alarmed the nation, and demanded the immediate attention of congress, who sent a deputation to remonstrate with that state. After an able address from each of the delegates, showing the ne cessity of union to the general happiness of all its mem bers, but especially to the smaller states, the legislature rescinded their resolution, but declared that the requisition had no binding force. Pennsylvania claimed a set-off against part of her quota, and a committee was appointed to confer with her legisla ture. A similar claim was, after much debate, conceded to South Carolina. Another committee was directed to repair to Connecticut, New-Jersey, and North Carolina, Vol. III.— 12 178 THE EEPUBLIC, [1786, and an address was made to New-Hampshire and Mary land, urging upon them a full and immediate compliance with the last requisition. Was this a government ? These obstacles indicated the necessity of an adjustment of accounts with the several states, and an ordinance was framed for that purpose. Another ordinance before re commended was passed, of much prospective importance. It was for the estabhshment of a mint ; the standard of gold and silver, and the money of account in a decimal ra tio, having been previously fixed. While congress were thus engaged, the insurrection of Massachusetts broke upon them. After much delay, they, in secret session, made a report strongly indicative of their feebleness and their fears. Having stated that unless speedy and efiectual measures were taken to suppress the designs of the insurgents, they will possess themselves of the arse nal at Springfield, subvert the government, and not only reduce that commonwealth to a state of anarchy and con fusion, but probably involve the United States in the ca lamity of a civil war ; it declared their obligations to restore the authority of the state, and to protect the public property, and that for these purposes a body of troops should be immediately raised, but that the causes of raising them ought not to be publicly assigned, and that they had, in a separate report, on the intelligence from the western country, recommended the augmentation of the troops in the service' of the United States. By this report a legion ary corps was ordered to be enlisted for three years, prin cipally in New-England. Thus did an emergency, which every government should have been empowered to meet, drive congress to a usurpa tion upon a false pretext ; for where is to be found the authority in the articles of the confederation to raise a military force for such a purpose, and what was there to pre vent an increase of its number, and its permanent existence ? iET.29.] HAMILTON, I79 The only security against this usurpation of power was the want of means ; but this want involved the very dan ger, for, while acting upon the necessity of the measure, congress declared, " that in the present embarrassments of the federal finances, they would not hazard the perilous step of putting arms into the hands of men, whose fidelity must in some degree depend on the faithful payment of their wages, had they not the fullest confidence, from au thentic and respectable information, in the most liberal exertions of the money-holders in the state of Massachu setts and the other states, in filling the loans authorized" for that purpose. The suppression of the insurrection by her own militia, leaves it only a subject for speculation what would have been the consequences of an invasion, by the confederacy, of so populous, so warlike, and then so jealous a state. The friends of the union in New- York had in the mean time determined to make another and a final effort. The popularity of Hamilton, it was hoped, might have influence ; and while General Schuyler was brought forward as a can didate for the senate, Hamilton was put in nomination for the assembly. His election was earnestly opposed — op posed by the men whose cupidity he had exposed in seven teen hundred and eighty-four, and who, identified with the state policy of Clinton, as leaders of the democratic party, regarded him as a formidable adversary to their narrow and selfish politics. But serious apprehensions had seized the community as to the future. They saw in the discords and the weakness of the confederacy the fulfilment of all his prophecies, and they looked to him as their last hope of changing the vicious direction which had been given to the councils of the state. He was elected.* * On the eve of this election a letter was received by him from a tory raer- chant, asking his influence to obtain legislative relief. In his reply he states 180 THE EEPUBLIC. [1787. The legislature opened its session in January, seventeen hundred and eighty-seven, at the city of New- York. The speech from the governor, after alluding to the annual ap pointment of state officers, from which so large a share of his influence was derived, adverted to the requisitions for the service of the year, and stated his confidence that the dispositions of the legislature being truly federal, would in duce a speedy compliance with a measure so essential to the national support and credit. The representatives were informed of the resolutions of congress, expressing their sense of the act granting the impost, and requesting an im mediate call of the legislature, whereby the revenue system of seventeen hundred and eighty-three would be brought to their view — " a subject which had been repeatedly sub mitted to them, and must be well understood." The correspondence which had recently passed on that subject was laid before them, with a declaration, " that a regard to their excellent constitution, and an anxiety to preserve unimpaired the right of free deliberation in mat ters not stipulated by the confederation, had restrained him from convening them at an earlier period." The ad- " that he would not be understood to declare any opinion concerning the prin ciples of the bill ;" and remarks, " I make this observation from that spirit of candour which I hope will always direct my conduct. I am aware that I have been represented as an enemy to the wishes of what you call your corps. If by this is meant that I do not feel as much as any man not immediately in terested for the distresses of those merchants who have been in a great meas ure the victims of the revolution, the supposition does not do justice either to my head or my heart. But if it means that I have always viewed the mode of relieving them as a matter of pecuhar delicacy and diificulty, it is well founded. " I should have thought it unnecessary to enter into this explanation, were it not that I am held up as a candidate at the ensuing election, and would not wish that the step I have taken in respect to your letter should be considered as implying more than it does, for I would never wish to conciliate at the ex pense of candour ; on the other hand, I confide in your liberality not to infer more than I intend from the explanation I have given you." jEt. 80.] HAMILTON. I3I justment of the territorial controversies with Massachusetts and Pennsylvania was mentioned, and the speech concluded Dy calhng the attention of the legislature to local topics. The address in reply to the speech was referred to a com- mhtee, of which Hamilton was a member, and was reported by him. It was a mere echo of the speech on all subjects, except as to the request of congress to convene the legis lature, which was passed by in silence. On being reported to the house, a motion was made by the speaker to amend it, by expressing their approbation of the governor's con duct in not convening the legislature at an earlier period than that fixed by law ; he at the same time disclaiming all hostility to the impost. This motion produced the effect which had been sought to be avoided, and called up a long and vehement debate. While the friends of the Union expressed in general terms a dissent from the views of the governor, feehng themselves in a minority, they sedulously endeavoured to prevent all discussion of this topic, seeing that it had been thrown in as an apple of discord ; but the friends of the governor, who were guided with an adroit and subtle policy, seized upon this occasion to kindle an excitement, and to rouse all the hostile feelings of the states rights party. The speaker then proposed to withdraw the motion, but it was insisted that it could not be withdrawn. That no ill consequences could arise from a decision ; that it was only a question whether there was such a pressing neces sity as to authorize the governor to convene the legisla ture. That if the doctrine that the governor was bound to comply with a requisition of congress on this subject was sustained, it was impossible to tell where it would end. That congress might, by repeated requisitions, perhaps once a month, tease and weary the legislature into a compliance with their measures ; an apprehension not exaggerated, for such had been the practice of the former government. 182 THE EEPUBLIC. [1787. Several propositions were made to get rid of the motion for an amendment, and it was at last agreed that the com mittee should rise and report ; Colonel Hamilton stating, " that he would reserve himself on this subject until it came again before them, when he hoped to be enabled to offer such arguments as would strike with conviction the candid part of the house." This question was brought forward on the nineteenth of January, when an amendment was proposed by General Malcolm, as a substitute for that of the speaker, the object of which was to avoid a direct expression of opinion as to the governor's conduct, and to place his justification on the ground of the extraordinary expense an extra session would have produced. This amendment was resisted with great ingenuity and art. An attempt was made to show that silence would be in effect a censure upon the governor, while approbation of his conduct did not necessarily re flect upon that of congress, — that this motion was in reality an attempt to debar them from the right of de claring their sentiments ; and the house was asked whether, if'it was necessary, they were afraid to justify their gov ernor ? A comparison was drawn between the former and present government, and an absurd analogy sought to be shown to the attempt of the British government to levy ship-money, which was finally and effectually resisted by the English commons. It was contended that if to the right of making peace and war, of raising fleets and armies, was superadded that of convening at pleasure the state legislatures, and of exercising such a prerogative, the issue no man could foretell ; — that congress was an irresponsible body, and that the governor was accountable to the state ; — that this was not the " extraordinary occasion" contem plated by the constitution ; and as they were now ready to approve the governor's conduct, they should have been Mt.SO.] HAMILTON. 183 as ready, had his course been different, to have cen sured it. The question was then called as to the substitute, when Hamilton, who had previously spoken on the point of or der, arose. This body was, with few exceptions, composed of respectable individuals, who had enjoyed small advan tages of education, and who regarded with jealousy all oratorical embellishment. Having previously felt its pulse, and only anxious to carry this great measure, on the right decision of which such vast consequences depended, Ham ilton conformed his effort to the character of the assembly, and addressed them in the following conciliatory and mod erate tone. After a few preliminary observations, he pro ceeded to remark :* " This now leads us to examine the important question presented to us by the proposed amendment. For my own part, I have seen with regret the progress of this business, and it was my earnest wish to have avoided the present discussion. I saw with regret the first application of con gress to the governor, because it was easy to perceive that it involved a delicate dilemma. Either the governor, from considerations of inconvenience, might refuse to call the assembly, which would derogate from the respect due to congress ; or he might call them, and by being brought together at an unreasonable period, before the time appoint ed by law for the purpose, they would meet with reluc tance, and perhaps with a disposition less favourable than might be wished to the views of congress themselves. I saw with equal regret the next step of the business. If a conference had been desired with congress, it might have been had — circumstances might have been explained, rea- * All of these speeches are reported by Childs, the reporter of the debates in the New- York convention. They are very imperfect, and very often in the language the reporter would himself have used 184 THE EEPUBLIC. [1787. sons might have been assigned satisfactory to them for not calling the legislature. The affair might have been com promised. But instead of this, the governor thought pro per to answer by a flat denial, founded on a constitutional impediment, and an idea of the invasion of the right of free deliberation was brought into view, I earnestly wished the matter to have rested here, I might appeal to gentle men in this house, and particularly to the honourable mem ber who is so zealous in support of the amendment, that before the speech appeared, I discovered a solicitude that by passing the subject over in silence, it might not give occasion to the present discussion. It however came be fore us in a form very different from that which I should have thought advisable, for there was no need of an appeal to the legislature. The next step was to appoint a com mittee to prepare an answer to the speech. It fell to my lot to be a member of that committee ; my object still was to avoid the interference of this house in a matter about which there was a difference of opinion between the United States and the governor of this state on constitutional ground. The best way to effect this, was to frame the answer in the most general terms. This was done ; not a word is said even about the revenue system, which occa sioned the request of congress to convene the legislature. The answer is generally, that the house will take into con sideration the different acts of congress, and make such provisions as appear to them compatible with the abilities and constitution of the state. By not touching at all on the topic connected with the origin of the controversy, I thought we might safely be silent without any implication of censure on the governor. It was neither my wish to condemn nor to approve. I was only desirous of avoiding an interference in a constitutional question, which belong ed entirely to the province of the executive authority of the state, and about which I knew there would be a differ- iET. 30.] HAMILTON. 185 ence of opinion, even in this house. I submit it to the Qouse, whether this was not a prudent course, and whether it is not to be lamented that tJie proposed amendment forces the discussion upon us. Constitutional questions are always delicate ; they should never be touched but from necessity. " But though I shall be readily acquitted of having had any agency in bringing the house into this disagreeable situation, since the question is brought forward, I shall with freedom meet the discussion. This my duty demands from me ; and whoever may be affected by it, I shall pro ceed under an impression that my constituents expect from me the free exercise of my judgment, and the free decla ration of my sentiments on the matters deliberated upon in this house. " The question by the honourable member on my right, has been wrongly stated. He says it is this — whether a re quest of congress to convene the legislature is conclusive upon the governor of the state, or whether a bare intima tion of that honourable body lays him under a constitu tional necessity of convening the legislature ? But this is not the true question. From the shape in which the busi ness comes before us, the inquiry truly is — whether a sol emn application of the United States to the executive of this state to convene the legislature for the purpose of de liberating on a matter which is considered by that body as of essential importance to the nation, and which has been viewed in a similar light by most of the other states indi vidually, is such an extraordinary occasion as left the gov ernor under no constitutional impediment to a compliance ? and it may be added, whether that application, under all the circumstances, was an attempt to invade the freedom of deliberation in this house ? " Here let me ask, what does the constitution say upon the subject ? Simply this — that the governor ' shall have 186 THE EEPUBLIC. [1787. power to convene the assembly and senate on extraordi- nary occasions.' " But what is an extraordinary occasion ? what circum stances are to concur, what ingredients combine, to con stitute one ? What general rule can be imagined by which to define the precise meaning of these vague terms, and draw the fine between an ordinary and an extraordinary occasion ? Will the gentleman on my right furnish us with such a criterion ? Profoundly skilled as he is in law, (at least in the local laws of this state,) I fancy it will be diffi cult for him to invent one that will suit his present pur pose. Let him consult his law books : they will not relieve his embarrassment. It is easy to see the clause allows the greatest latitude to opinion. What one may think a veiy extraordinary occasion, another may think a very ordinary one, according to his bias, his interest, or his intellect. If there is any rule at all, it is this — the governor shall not call the legislature with a view to the ordinary details of the state administration. Whatever does not fall within this description, and has any pretensions to national importance in any view, leaves him at liberty to exercise the discre tion vested in him by the constitution. There is, at least, no constitutional bar in the way. " The United States are intrusted with the management of the general concerns and interests of the community — they have the power of war and peace, they have the power of treaty. " Our affairs with respect to foreign nations are left to their direction. We must entertain very diminutive ideas of the government of the Union, to conceive that their earnest call on a subject which they deem of great national magnitude, which affects their engagements with two re spectable foreign powers, France and the United Nether lands, which relates to the preservation of their faith at home and abroad, is not such an occasion as would justify -iEt. 80.] HAMILTON. 187 the executive, upon the terms of the constitution, in con vening the legislature. If this doctrine is maintained, where will it lead to — what kind of emergency must exist before the constitution will authorize the governor to call the legislature ?• Is the preservation of our national faith a matter of such trivial moment? Is the fulfilment of* the public engagements domestic and foreign of no conse quence ? Must we wait for the fleets of the United Neth erlands or of France to enforce the bbservance of them, before the executive will be at liberty to give the legisla ture an opportunity of deliberating on the means of their just demands ? This is straining the indefinite words of the constitution to a most unreasonable extreme. It would be a tenable position to say that the call of the United States is alone sufficient to satisfy the idea of an extraor dinary occasion. It is easy to conceive, that such a pos ture of European affairs might exist, as would render it necessary to convene the different legislatures to adopt measures for the public safety, and at the same time inex pedient to disclose the object till they were assembled. Will we say that congress would be bound to communi cate the object of their call to the executive of every state ? or that the executive of this state, in complying with their request, would be guilty of a violation of the constitution ? But the present case is not that of a mere general request ; it is specifically to deliberate upon an object of acknow ledged importance in one view or another. On one hand it is alleged to be a measure essential to the honour, inter est, and perhaps the existence of the union ; on the other, it is said to be on principles subversive of the constitution and dangerous to the liberty of the subject. It is, there fore, a matter of delicacy and moment, and the earnest call of the union to have it considered cannot fall within the notion of so common, so ordinary an occasion, as would prohibit the executive from summoning a meeting 188 THE EEPUBLIC. [1787. of the legislature. The only argument urged to denomi nate it such, is that it had been recently decided on by the legislature. But there is an evident fallacy in this position ; the call was addressed to a new and different body, totally different in the contemplation of the constitution, and ma terially different in fact with respect to the members who compose it. A large proportion of the members of the present house were not members of the last. For aught that either congress or the governor could officially know, there might have been a total change in the individuals, and, therefore, a total difference in the sentiments. No inference, of course, could be fairly drawn from the con duct of the last legislature to that of the present. Indeed, however it might be wished to prepossess the minds of the members of the former house with a contrary idea, it is plain that there is no necessary connection between what they did at that time, and what it may be proper for them to do now. The act of the last session proves the con viction of the house then, that the grant of the impost was an eligible measure. Many of the members were led to suppose that it would answer the purpose, and might have been accepted by congress. If the experiment has shown that they were mistaken in their expectations, and if it should appear to them that congress could not for good reasons accept it, the same motives which induce them to the grant already made, would determine them to consent to such alterations as would accommodate it to the views of congress and the other states, and make it practicable to carry the system into execution, " It may be observed, that as congress accompanied their request with an explanation of the object, they by that mode of proceeding submitted the whole matter to the discretion of the governor, to act according to the esti mate formed in his own mind of its importance. It is not denied the governor had a discretion upon the occasion. iET. 80.] HAMILTON. 189 It is not contended, that he was under a constitutional ne cessity to convene the legislature. The resolution of con gress itself does not imply or intimate this. They do not pretend to require, they only earnestly recommend. The governor might at his peril refuse ; responsible, however, for any ill consequences that might have attended his re fusal. But what is contended for is, that the call of the United States, under all circumstances, was sufficient to satisfy the terms of the constitution empowering him to convene the legislature on extraordinary occasions, and left him at full liberty to comply, " The admission of his discretion does not admit that it was properly exercised, nor does it admit that the footing upon which he placed his refusal was proper. It does not admit that the constitution interposed an obstacle in his way, or that the request of congress implied any thing hos tile to the right of free deliberation. " This is the aspect under which the business presents itself to our consideration, as well from the correspond ence between congress and the governor, as from the manner in which it is ushered to us in the speech. A general approbation of his conduct, is an approbation of the principle by which it is professed to have been actuated. " Are we ready to say that the constitution would have been violated by a compliance ? Are we ready to say that the call upon us to deliberate is an attempt to infringe the freedom of deliberation ? If we are not ready to say both, we must reject the amendment. In particular, I think it must strike us all that there is something singularly forced in intimating, that an application of congress to the gov ernor of the state to convene a new legislature to consider a very important national subject, has any thing in it dan gerous to the freedom of our deliberations. I flatter my self we should all have felt ourselves as much at liberty to have pursued our sentiments, if we had met upon an ex- 190 THE EEPUBLIC, [1787. traordinary call, as we now do when met according to our own appointment, " There yet remains an important light in which the subject merits consideration ; I mean as it respects the executive authority of the state itself By deciding that the application of congress, upon which the debate turns. was not such an extraordinary occasion as left the gov ernor at liberty to call the legislature, we may form a pre cedent of a very dangerous tendency ; we may put a sense on the constitution very different from the true meaning of it, and may fetter the present or a future executive with very inconvenient restraints, A few more such pre cedents may tie up the hands of a governor in such a man ner as would either obhge him to act at an extreme peril, or to omit acting when public exigencies required it. The mere sense of one governor would be no precedent for his successor ; but that sense approved by both houses of the legislature, would become a rule of conduct. Suppose a few more precedents of the kind on different combinations of circumstances equally strong, and let us ask ourselves what would be the situation of a governor whenever he came to deliberate on the propriety of exercising the dis cretion in this respect vested in him by the constitution ? Would he not be apt to act with a degree of caution, or rather timidity, which in certain emergencies might be productive of very pernicious consequences ? A mere in timation of the constitution to him not to call the legisla ture in their recess upon every trifling affair, which is its true import, would be turned into an injunction not to do so but upon occasions of the last necessity. " We see, therefore, that the question upon which we are pressed to decide, is not less delicate, as it respects the constitution of the state itself, than as it respects the union ; and that in every possible view it is most prudent to avoid the determination. Let the conduct of the governor stand ^T. 80.] HAMILTON, 191 on its own merits. If he was right, our approbation will not make him more right. If he was wrong, it would be improper to give sanction to his error, " Several things have been said in the debate which have no connection with it ; but to prevent their making improper impressions, it may not be amiss to take some no tice of them. The danger of a power in congress to com pel the convening of the legislature at their pleasure has been strongly insisted upon. It has been urged, if they possessed it they might make it an engine to fatigue the legislature into a compliance with their measures. In stances of an abuse of the like power in the crown, under the former government, have been cited. " It is a sufficient answer to all this to say, that no such power is contended for. I do not assert that their request obliged the governor to convene the legislature ; I only maintain that their request on an important national sub ject, was such an occasion as left him at liberty to do it without any colour for imputing to him a breach of the constitution ; and that from motives of respect to the union, and to avoid any further degradation of its authority, already at too low an ebb, he ought to have complied. " Admitting in the fullest extent that it would be danger ous to allow to congress the power of requiring the legis lature to be convened at pleasure, yet no injury or incon venience can result from supposing the call of the United States, on a matter by them deemed of importance, to be an occasion sufficiently extraordinary to authorize, not to oblige the governor to comply with it. " I cannot forbear remarking, that it is a common artifice to insinuate a resemblance between the king under the former government and congress ; though no two things can be more unlike each other. Nothing can be more dis similar than a monarch, permanent, hereditary, the source of honour and emolument, and a republican body com- 192 THE EEPUBLIC. [1787. posed of a number of individuals appointed annually, liable to be recalled within the year, and subject to a continual rotation; which, with few exceptions, is the fountain neither of honour nor emolument. If we will exercise our judgments, we shall readily see no such resemblance exists, and that all inferences deduced from the comparison must be false, " Upon every occasion, however foreign such observa tions may be, we hear a loud cry raised about the danger of intrusting power to congress ; we are told it is danger ous to trust power any where ; that power is liable to abuse, with a variety of trite maxims of the same kind. General propositions of this nature are easily framed, the truth of which cannot be denied, but they rarely convey any precise idea. To these we might oppose other propo sitions equally true, and equally indefinite. It might be said that too little power is as dangerous as too much ; that it leads to anarchy, and from anarchy to despotism. But the question still recurs, what is too much or too little ? Where is the measure or standard to ascertain the happy mean? "Powers must be granted, or civil society cannot exist: the possibility of abuse is no argument against the thing ; this possibility is incident to every species of power, how ever placed or modified. The United States, for instance, have the power of war and peace. It cannot be disputed that conjunctures might occur, in which that power might be turned against the rights of the citizens ; but where can we better place it — in short, where else can we place it at ah? " In our state constitution we might discover power lia ble to be abused to very dangerous purposes. I shall: in stance only the council of appointment. In that council the governor claims and exercises the power of nominating to all offices. This power of nomination, in its operation. -rt from the centre, and become languid in proportion to the expansion of the circle on which they act. Hence, the attachment of individuals will be flrst, and for ever secured by the State Governments. The States can never lose their powers, until the whole people of America are robbed of their liberties. These must go together. They must support each other or meet one common fate. It is said, where the laws of the Union are supreme, those of the States must be subordinate, because there cannot be two supremes. This is curious sophistry. That two supreme powers cannot act together, is false. They are inconsist ent only, when they are aimed at each other, or at one indivisible object. The laws of the United States are supreme, as to their proper. Constitutional objects. Those of the States are supreme, in the same way. These supreme laws can act on different objects without clashing, or they may operate, on different parts of the same com mon object, with perfect harmony. The meaning of the maxim, that there cannot be two supremes, is simply this — two powers cannot be supreme over each other. " He closed with this remark : " I wish the committee to re member, that the Constitution under examination is framed upon truly republican principles ; and that, as it is ex- iET. 31.] HAMILTON. 607 pressly designed to provide for the common protection, and the general welfare of the United States, it must be utterly repugnant to this Constitution to subvert the State Governments, or to oppress the people." * Hamilton now wrote to Madison : " There is more and more reason to believe, that our conduct will be influenced by yours. Our discussions have not yet travelled beyond the power of taxation. To-day, we shall probably quit this ground, to pass to another. Our arguments confound, but do not convince. Some of the leaders, however, appear to be convinced by circumstances, and to be desirous of a retreat. This does not apply to the Chief, who wishes to establish Clintonism on the basis of Antieederalism. " * * * " The object of the party at present is, undoubtedly, condi tional amendments," " There are some slight symptoms of relaxation in some of the leaders, which authorize a gleam of hope, if you do well, but certainly, I think, not otherwise, " Such was the action and reaction of the several States upon each other. At the opening of the Convention, on the following day, Hamilton asked leave to introduce a series of official papers, in order to show, that " New York had sustained pecuhar misfortunes from the mode of raising revenues by requisitions, and had suffered the extremes of distress on account of this delusive system." After these papers were read, Governor Chntdn observed, " that there could be no doubt, that the representations made in them, were true, and that they clearly expressed the sentiments of the peo ple at those periods. Our severe distresses naturally led * Harrison's notes of this speech, are very imperfect. — They commence — "Bravo. This is one of the most excellent, energetic speeches I ever heard." He soon abandoned the attempt to follow the rapidity of the speaker. 508 THE EEPUBLIC. [1788. us into an opinion, that the Confederation was too weak. It appears to me, the design of producing these papers is something more, than to show the sentiments of the State during the war ; that, it is to prove, that there now exists an opposition to an energetic government. I declare solemnly, that I am a friend to a strong and efficient gov ernment. But we may err in this extreme. We may erect a system, that will destroy the liberties of the peo ple. At the time some of these resolves were passed, there was a dangerous attempt to subvert our hberties, by creating a supreme Dictator. There are many here pres ent, who know how strongly I opposed it. My opposition was at the very time we were surrounded with difficulties and dangers. The people, when wearied with their dis tresses, will, in the moment of frenzy, be guilty of the most imprudent and desperate measures. If gentlemen can show, that the proposed Constitution is a safe one, I ¦^ill drop all opposition." Hamilton then arose, and, referring to the observations of Clinton, inquired, why, after his declarations in favor of a strong Federal Government, he had not pointed out the defects of the proposed Constitution, or suggested a better form ? He then adverted to the conduct of the opponents of the impost, and, admitting, that he was bound from a sense of their integrity, to believe, that they were attached to a strong United Government, he confessed, that he found it difficult to draw this conclu sion from their conduct or their reasonings. He then proceeded in his argument in favor of the fiscal powers of the Constitution. " The word ' supreme,' " he remarked, " imported no more than this — that the Constitution and laws made in pursuance of it, cannot be controlled or de feated by any other law. The acts of the United States will be absolutely obligatory as to all the proper objects ^T. 31.] HAMILTON. 509 and powers of the General Government. The States as well as Individuals, are bound, by these laws. But, the laws of Congress are restricted to a certain sphere ; and when they depart from this sphere, they are no longer supreme, or binding. In the same manner, the States have certain independent powers, in which their laws are supreme. That the States have an undoubted right to lay taxes in all cases in which they are not prohibited, is a position founded on the obvious and important princi ple in confederated governments, that all powers not ex clusively granted, are retained.* The exclusive grant is seen in three cases — where, by express words of exclusion — by affirmative and negative expressions — and by direct repugnancy. Exclusive legislation over the Federal city, is an example of the first — revenue from Imports, of the second, — an uniform rule of Naturahzation, of the third," He then showed the propriety of the power of taxation being con current, and that its objects ought not to be defined. Having dwelt upon the remissness of the States, he pointed out fully the impohcy of again resorting to re quisitions ; and then, alluding to the probable changes in the condition of this country, deduced the wisdom of the provision, which contemplated an eventual resort to an excise on manufactures, when fully established — remark ing : " Even at the present period, there is one article, from which a revenue may very properly be drawn. I speak of ardent spirits." , , , . " In every view, excises on domestic manufac tures would benefit New York, But you would defeat the advantages of our situation, by drawing upon us all * This is taken from Hamilton's MSS. brief. The report, erroneously, gives the language, " that, whatever is not expressly given to the Federal Head, is reserved to the members." 610 THE EEPUBLIC. [1788. the burthens of government. The nature of the Union requires, that we should give up our State impost. The excises were designed as a recompense to the importing States for relinquishing their imposts. Why should we reject the benefits conferred on us ? Why run blindly against our interest ? I shall no furthur enlarge on this argument — my exertions have already exhausted me, I have persevered from an anxious desire to give the most complete conception of this subject. I fear, that I have not been so successful as to bestow upon it that full and clear light of which it is susceptible, " I am apprehensive, that, in the warmth of my feelings, I may have uttered expressions which were too vehement. If, such has been my language, it proceeds from the habit of using strong phrases to express my sense, and above all, from the interesting nature of the subject. I have ever condemned those cold, unfeeling hearts, which no object can animate. I condemn those indifferent mor tals, who either never form opinions, or never make them known. I confess, that on no subject has my heart been filled with stronger emotions, or more anxious concern. If any thing has escaped me, which may be construed into a personal reflection, I beg, once for all, gentlemen, to be assured, that I have no design to wound the feelings of any opposed to me. Yet, I cannot but take notice of some expressions, which have fallen in the course of the debate. It has been said, that ingenious men may say in genious things ; and, that those who are interested in raising the few upon the ruins of the many, may give to every cause an appearance of justice. I know not whether these insinuations allude to the characters of any who are present, or to any of the reasonings in this house, I presume, that such motives would not be ungenerously imputed to those who differ from themselves, I declare, iET. 31.] HAMILTON. 511 I know not any set of men who are to derive peculiar advantages from this Constitution. Were any permanent honors or emoluments to be secured to the families of those who have been active in this cause, there might be ground for suspicion. But what reasonable man, for the precarious enjoyment of rank and power, would establish a system which would reduce his nearest friends and his posterity, to slavery and ruin ? If gentlemen count me among the obnoxious few — if they imagine, that I contem plate with an ambitious eye, the immediate honors of the Government ; yet, let them consider, that I have my friends — my family — my children, to whom the ties of nature and of habit have attached me. If, to-day, I am among the favoi-ed few ; my children, to-morrow, may be among the oppressed many. These dearest pledges of my pa triotism, may, at a future day, be suffering the severe ca lamities to which my ambition has reduced them. The changes in the human condition are uncertain, and fre quent. Many, on whom fortune has bestowed her favors, may trace their family to a more unprosperous station ; and many who are now in obscurity, may look back upon the affluence and exalted rank of their ancestors. It cannot be the wish of any reasonable man, to estabhsh a Government unfriendly to the liberties of the people. It is not to be presumed, that the advocates of this Consti tution are influenced by ambitious views. The suspicion is unjust — the charge is uncharitable," Lansing insisted, that the power of Congress reached every source of revenue — involving various litigation, un der the judicial cognizance of the United States ; that the States had ever shown a disposition to comply with the requisitions, and that the dehnquencies were to be attrib uted to the impoverished state of the country. He dwelt upon the dangers of giving to the General Government, 512 THE EEPUBLIC. [1788. the sword and purse, "It has been admitted," he ob served, "by an honorable gentleman from New York, that the State Governments are necessary to secure the liberties of the people. He has urged several forcible rea sons, why they ought to be preserved under the new sys tem ; and he has treated the idea of the General and State Governments, being hostile to each other, as chi merical. That a hostility between these would exist, was a received opinion in the late Convention at Philadelphia. That honorable gentleman was then fully convinced, that it would exist, and argued with much decision and plaus ibility, that the State Governments ought to be subverted, at least, so far, as to leave them only corporate rights ; and that, even in that situation, they would endanger the existence of the General Government. But, the honor able gentleman's reflections have probably induced him to correct that sentiment." Hamilton here interrupted Lansing, "entered into a statement of facts — denied his assertions — affirmed, that in the General Convention his ideas had been uniformly the same, as on the present occasion ; that though he, at that time declared, as he had constantly and publicly done since, his apprehension, that the State Governments would finally subvert the General system, unless the arm of the Union was more strengthened, than it was even by this Constitution, yet he had, through the whole of the business, advocated the preservation of the State Govern ments, and affirmed them to be useful and necessary." He charged Lansing's insinuation as " unbecotning, improp er, and uncandid." Lansing resented warmly the imputa tion, and appealed to Chief Justice Yates, who had taken notes in the Federal Convention, for a proof of Hamil ton's expressions. A motion for an adjournment termi nated the altercation. ^T. 31.] HAMILTON. 513 At the next meeting of the Convention, the Chief Justice was again called upon by Lansing, for his evi dence. In this appeal, Hamilton acquiesced. After apologizing for the possible mistakes of his minutes, Yates stated, that, in the General Convention, Hamilton had urged strongly giving the most complete sovereignty to Congress, and that, in order to prevent the encroach ments which he feared the State Governments would make upon the Union, they should be reduced to a small er scale, and be invested with only corporate powers. Hamilton observed, that, corporate was an ambiguous term ; and asked Yates, if he understood, that he used it, as descriptive of powers similar to those of the City of New York ? To which Yates answered in the negative, adding, that he understood the gentleman not to wish such a privation of powers as would reduce the States to mere corporations, in the popular acceptation of that term, but only such as would prevent the members from re tarding, in any degree, the operations of the United Gov ernment, Hamilton then asked him, if he did not, after the de bate in the Federal Convention, hear him say, that his opinion was, that the State Governments ought to be sup ported, and that they would be useful and necessary ; and, if he did not remember, that he, had recommended, (as an additional security to the State Governments,) a Court of Impeachments, to be composed of the chief Judges of the several States, together with the Chief Justice of the United States? To all these questions Yates gave an affirmative answer. On Jay's proposing to him some questions, with a view to place this matter in the most ex plicit point of lightjYates answered as before — that Colonel Hamilton did not appear to him to point at a total extinguish ment of the State Governments, but only to deprive them Vol,. III. -33 514 THE EEPUBLIC. ' [1788. of the means of impeding the operation of the Union. Some explanations were attempted by Lansing, but, Jay having the floor, he was called to order. He afterwards expressed a wish, that Yates's notes might be read, but it was not permitted, on the suggestion, that they ought to be brought forward by a formal motion, according to the rules of the House. Lansing, not seeing fit to comply, the affair was terminated by a motion to adjourn. The debate on the proposed amendment was conclud ed on the second of July. From its course, it was appar ent, that the subject had been previously exhausted. The succeeding day, the clause authorizing Loans, was considered ; when an amendment was moved by Lansing, that, the assent of two-thirds of the members present of both Houses, should be necessary for that purpose. Hamilton, Harrison, Jay, and the Chief Justice op posed earnestly this amendment. Smith and Chnton sus tained it. Th.e latter would have placed it on the same grounds with that part of the Constitution, which required two-thirds of the Senate to make Treaties, and two-thirds of the Court of Impeachments to convict. During his speech, an express arrived, and Hamilton read to the Convention, Madison's letter, announcing the ratification by Virginia. A salute was fired. Various amendments were then proposed — one, by Lansing, to require the con currence of two-thirds to raise or maintain regular troops during peace ; another, that, the militia should not march out of their State, without the consent of its Executive ; a third, that no power, not expressly given, shall be exer cised by Congress ; and that those not expressly given, are reserved to the States ; a fourth, excluding monopo lies ; a fifth, requiring a vote of two-thirds of Congress to declare war ; a sixth, prohibiting Congress from laying out or repairing any road through a State, without the ^T. 31.] HAMILTON. 616 consent of its Legislature, which was met with laughter. No notice was taken of these amendments by the friends of the Constitution. Its opponents, disheartened by the intehigence from Virginia, moved an adjournment. On the fourth of July, the constitution of the Presi dent was taken up. The objections to this part of the system were, his re-eligibihty — command of the army — power of pardoning in cases of treason Amend ments were proposed, that he should be elected for seven years, and then be inehgible ; and that to his command of the army or pardoning, in case of treason, the consent of Congress should be necessary. The Judiciary Department was next considered. It was said, that this article is exceptionable in many instances ; that it does not define sufficiently the cases to which it apphed ; that it rendered necessary a number of Courts, which would be dangerous or expensive ; that it might be necessary to have Courts in every county, with all their officers, though Congress might commission the State Courts — but, that this would be very inconvenient ; that the jurisdictions may clash. The want of a Court of Errors, appellate from the Supreme Court, was asserted ; and it was urged, that new Courts generally tend to the oppression of the people ; that the two governments should be made to harmonize with each other — therefore, jurisdiction, in the first instance, should be committed to the State Courts ; that continual disputes would exist, un til one Court swallowed up the other. That the State Courts would probably be the victims ; that the Supreme Court ought to be independent, but not of the Legisla ture, and a Commission of Review, " as in Wales," was proposed, "the very knowledge of which," it was re marked, " will make the Judges cautious. This effect, 616 THE EEPUBLIC. [1788. alone would be a sufficient reason for bringing forward the proposition." The proposed commission was to consist of not less than seven learned men, to be appointed by the Presi dent, with the consent of the Senate, at the instance of any aggrieved party, to correct the errors or review the sentence of the Supreme Court — a provision, that would thus place the ultimate administration of Justice, at the will of the Executive ! ! It was suggested, also, that intermediate Courts of Appeal would be necessary — that doubts might arise as to the expression, " appellate jurisdiction," both as to Law and Fact — adverting to the provision of the Constitution of New York, " that appeals in this State from Courts of Common Law, should be by writ of Error." After proposing several amendments, the objectors concluded with a remark, not without force, " That it had been attempted to make this Constitution too perfect, from a view of particular inconveniences." Melancthon Smith followed, in opposition to the su perintending power of the Supreme Court. Unfortunate ly, no notes have been found of the arguments offered in defence of this part of the Constitution, The remaining articles were briefly discussed. The debate on the Constitution, in detail, being closed on the seventh of July, Lansing submitted a Declaration of Rights. Governor Clinton then stated, " that many of the amendments were merely declaratory, others were of a different nature ; that he wished them to be arranged, and the matters in support of the clauses considered. To give time for these purposes, he moved that the Com mittee should rise. The House adjourned to the eighth. On this day, Hamilton writes to Madison : " I felicitate you sincerely on the event in Virginia, but my satisfaction iET. 31.] HAMILTON. 617 will be alloyed, if I discover too much facility in the bus iness of amendment-making. I fear the system will be wounded in some of its vital parts, by too general a con currence in some very injudicious recommendations. I allude more particularly to the power of taxation. The more I consider ' Requisition,' in any shape, the more I am out of humor with it. We, yesterday, passed through the Constitution, To-day, some definite proposition is to be brought forward, but what, we are at a loss to judge. We have good reason to believe, that our opponents are not agreed, and this affords some ground of hope. Dif ferent things are thought of — conditions precedent, or pre vious amendments ; conditions subsequent, or the proposi tion of amendments upon condition, that, if they are not adopted within a limited time, the State shall be at lib erty to withdraw from the Union ; and, lastly, recommend atory amendments. In either case, constructive declara tions will be carried as far as possible. We will go, as far as we can, in the latter, without invahdating the act, and will concur in rational recommendations. The rest, for our opponents," Nothing was done on the two succeeding days. On the tenth, Lansing brought forward his amendments, in three classes — Explanatory, Conditional, and Recommen datory. Among the first, was a Bill of Rights, The Conditional were, that there should be no standing army in time of peace, without the consent of two-thirds of Congress ; no direct taxes or excises on American manu factures ; the amendment previously stated, as to the mihtia ; and, that, Congress shall not interfere as to the elections, unless a State should neglect or refuse to pro vide for them. He then proposed a Committee from each party, to form a compromise. This was acceded to. The Committee met. At this meeting, the Anti-federahsts 518 THE EEPUBLIC. [1788. proposed a conditional adoption. This proposition was strongly opposed ; and, on the following day, Jay reported the failure of this attempt, asserted that it was equivalent to a rejection of the Constitution, and moved a resolution for an unconditional ratification of it. Smith and Lansing insisted, that, as the Representatives of a Sovereign State, they had the power to agree to the Constitution, under any restrictions or qualifications. As to the proposed amendments, Smith observed, that he did not suppose, that Congress would probably exercise the powers re served by the intended ratification. Will they excise home manufactures, when we have scarce any ? He de nied, that he meant to dictate, that he only wished a fair consideration of the subject by a Convention to be called by the other States. Clinton urged the substitute ; and, after a few brief observations, inquired, "Whence did Congress get the power to alter the original Confederation, and to organize the present Government ? If this question was answered he would answer the gentleman's reasoning." * The succeeding day. Jay commented on the proceed ings in the informal Committee. He complained, that when they met for mutual discussion, they had been in sulted by a complete set of propositions presented in a dictatorial manner for their passive acquiescence. He closed with this reply to the Governor's question — " when it is a fair system of reasoning in the search for truth, to * 12th July. Dewitt Chnton writes from Poughkeepsie ; " The business of the Convention is now wound up to a crisis. I expect the Convention will break up in a few days. The proposal, is the ne plus ultra of anti-concession. Many, indeed, think they had conceded too much. If the Fed's had been friendly, instead of being inimical, to the proposal, I have my doubts, whether a majority of the Anti's would not have voted against it. But tbe opposition of their pohtical adversaries has reconciled them." — Life of Lamb, 316. iET. 31.] HAMILTON. 510 put one difficult question in reply to another, he would feel it necessary to answer the gentleman ; but, mean while, would leave him to reflect on this inquiry : How comes it, that fish are fresh which swim in salt water?" Hamilton then took the floor. He * " opened with a beautiful exordium, in which he described, in a delicate, but highly affecting manner, the various ungenerous at tempts to' prejudice the minds of the Convention against him. He had been represented, as an ambitious man — a man, unattached to the interests and feelings of the peo ple ; and even his supposed talents had been wrested to his dishonor, and alluded to, as an impeachment of his integrity and virtue. He called on the world to point out an instance, in which he ever had deviated from the hne of public or private duty. He then examined the pro posed provisional adoption. He proved, that the Conven tion had no power, but to adopt or reject absolutely, ex cept to recommend, which was the natural right of every freeman ; but, that it had no right to dictate or to embar rass the Union, by any restrictions or conditions. That the Convention was not a body commissioned to tender stipulations, or form a contract, but to dissent from, or agree to, a plan of Government, which could be altered, either in its form or powers, only by an authority equal in all respects to that which gave it existence. He then declared, that the future Congress would not have any authority to receive New York into the Union, on such terms — that this conditional adoption evidently in cluded a disagreement to, and rejection of, a part of the Constitution, That Congress, which would hold all the powers it possessed under the Constitution, as a simple plan, must consider such a partial, as a total, rejection, "That a declaration by any Legislature, that such * From a joumarof that date. 520 THE REPUBLIC. [1788. and such constitutional powers, should not be exercised, was nugatory ; that the proposed provisions, making no part of the Constitution, and, when accepted by Congress, having even, if consistent with the Constitution, no other than a legal force, would be subject to an immediate re peal ; that it was indispensably necessary to good Gov ernment ; that the discretion of the Legislature should be uncontrollable, except by the Constitution. But, that, by the proposed measure, the discretion of Congress would be limited and controlled by a provision, not only foreign from, but totally inconsistent with that instrument — a provision coming from one part of the Union, without the consent of the other parts — a provision most preposter ously calculated to give law to all the sister States." He adduced other arguments to prove, that restraining the exercise of a power, or exercising it in a mode different from that pointed out in the form of Government, was utterly unconstitutional, especially, when the restraint only related to a part of the community. He then urged many forcible reasons to prove, that were it even consistent with the Constitution to receive the State on these terms, it was utterly improbable, that the other States would submit to it. Their interests and their pride would be opposed to it. Their pride, because the very proposal is an insult, and the animosity of some States, embittered, as it was, by what they deemed a kind of commercial tyranny, and by a system of selfish, par tial politics, would receive most pungent gratifications from a diminution of our fortune and our power. Their interests would be opposed, because the misfortunes of one powerful State commonly contribute to the prosperi ty of its neighbors. After recapitulating his arguments, in a concise and cogent manner, he entreated the Convention, in a pathetic iET. 31.] HAMILTON. ,621 strain, to make a solemn pause, and to weigh well their course, before they decided on a subject so infinitely im portant. The more to satisfy the doubts of the Conven tion, he took an enlarged view of the nature of the Fede ral Government, * It had been hoped, that the concurrence of Virginia, following that of New Hampshire, would have decided the vote of New York, that the greetings, processions and celebrations throughout the Continent, pouring in a tide of triumph, would have shaken the purposes of the opposi tion, but this hope was baffled. Every effort to conciliate had been rejected ; and, led on by a resolute and inffexible chief, the opponents of the Constitution, after repeated consultations, resolved to reject it. With this purpose, on the fourteenth of July, they called for the final question ; but the call was, at the in stance of Hamilton, postponed until the following day, — Another day was asked, and, on the sixteenth, despairing of its adoption. Judge Hobart moved an adjournment to the second of September, in order, that the delegates might learn the sentiments of their constituents in the new aspect of the question, which the concurrence of so many States presented. This motion was discussed during two days, when, it is stated in a journal of the opposition, that previous to tak ing the question, Hamilton " made another display of those great abilities for which he is justly distinguished. He was powerful in his reasoning, and so persuasively elo quent and pa.thetic, that he drew tears from most of the audience, " " Hamilton," another opponent writes, " stands armed at all points, and brandishes a shaft to every oppo- ser — powerful to repel and keen to wound," * The above is the reported sketch of this speech. Its imperfect character null be seen by referring to Hamilton's Works, ii. p. 463. 522 THE EEPUBLIC. [1788. The motion was lost by a majority of eighteen votes. Smith's conditional ratification was then presented, for which Hamilton proposed a substitute, which has interest as showing his views of the Constitution, its nature and powers. * A motion to consider this substitute, was lost by the votes of two-thirds of the Convention, The ratification upon conditions, being then considered, Hamilton again addressed the House, When he had con cluded. Smith arose, acknowledged, that the arguments against his proposition were not only of great weight, but were such as had induced him to abandon it ; that, he de sired to withdraw it, in order to present a substitute, which, he thought, would remove the objections of the Federalists, while it would afford to the opposition, all that security for the consideration of their amendments, they wished, f Lansing declared, that if it should be withdrawn, that he would again move it. Smith's substitute contained various important amendments ; proposed a ratification of the Constitution ; but, with the reservation of aright to recede, unless these amendments should, within a defined time, be submitted to the people, and requested Congress to call a second Convention for that purpose. On the ensuing day, the House met — silence pervaded it, and it adjourned, "I found him" (Hamilton) "alone," it is related, " and took the liberty to say to him, that they would enquire of me in New York, what was the prospect in relation to the adoption of the Constitution ; and asked him what I should say to them. His manner immediately changed, and he answered ; ' God only knows. Several * July 17— Hamilton's Works, ii. p. 467. f " The overpowering eloquence of Colonel Hamilton was exerted to its utmost pitch, and shook the most resolved of the majority. Even the mover of the proposition was convinced, and withdrew his opposition."^Kent's Recol lections. ^T. 31.] HAMILTON. 623 votes have been taken, by which it appears, that there are two to one against us.' Supposing he had concluded his answer, I was about to retire, when he added, in a most emphatic manner : ' Tell them, that the Convention SHALL never rise, UXTIL the CONSTITUTION IS ADOPTED.'" * The contemplated amendments were discussed at its next meeting, and an informal Committee was appointed from each party to arrange them. Another debate fol lowed their report, in which the previously proposed re striction upon the Mihtia being called into another State, without the consent of the Legislature, was much discuss ed, Hamilton insisted, that, " the restriction was impolitic ; that if the States intended to guard against standing armies, they ought to yield the General Government, the com mand of the Mihtia, in the most unqualified extent. To apprehend danger from it, while the States appointed the officers, was a novel idea, the offspring of the most unen lightened and distempered jealousy — that the experience of the late war had demonstrated the great utility of the Militia on special occasions, and the remissness of the State Legislatures in sending them forward to the aid of their neighbors, until the war had approached their own doors. The direction of the forces, and strength of the community, ought to be placed, with confidence and without limitation, in the hands of that body, which was to provide for the common defence. The most effectual way to secure amendments, is by recommending such only as are valu able, and can be sustained, after sober investigation." This restriction, nevertheless, passed by the entire voice of the opposition. The amendment prohibiting excises and direct taxes, without a previous requisition, was also approved. When the discussion of these amendments terminated, the question on the Constitution, in gross, * Letter of Daniel Chipmau to the Author. 524 THE EEPUBLIC. [1788. came up.* Smith then admitted the impracticability of previous amendments, and avowed his purpose to vote for its ratifipation. He depicted the situation of the State, if not received by Congress — convulsions in its Southern counties — faction and discord in the rest — the strength of his own party, who were sincerely anxious for amend ments, dissipated — their Union lost — and themselves dis persed, hke sheep on a mountain. Others of the opposi tion concurred. Clinton, however, declared, that, " what ever his opinion might be, he stood there as the Represent ative of Ulster, that he should pursue what he believed to be the sense of his Constituents, and vote for a condi tional adoption." The vote was then taken on an amendment, offered by Jones, to substitute for the words " upon condition," " in full confidence," and it passed by a majority of two voices. The next day, Lansing moved to annex to this ratifi cation, a reservation of the right to withdraw. Hamilton declared, that the reservation could answer no good purpose, that it would awaken the pride and other passions of the sis ter States, was inconsistent with the Constitution, and would not be a ratification. Strong evidence of the apprehension he yet entertained of the final issue, is seen in a letter he about this time wrote to Madison. f " Every thing pos sible will yet be attempted to bring the party from that stand to an unconditional ratification. Let me know your idea upon the possibility of our being received on that * In a cotemporary Journal, it is said — " The American Cicero" (Hamilton) " then arose, the force of whose eloquence and reasoning were irresistible. The objections that were made vanished before him. He remained an hour and twenty minutes on the floor. After which, Mr. S., with great candor, got up; and after some explanations, confessed, that Mr. H., by his reasoning, had removed the objections he had made.'' I Hamilton's Works, i. 464-5. ^T. 31.] HAMILTON. 525 plan. You will understand, that the only quahfication will be the reservation of a right to recede, in case our amendments have not been decided upon in one of the modes pointed out by the Constitution, within a certain number of years, perhaps, five or seven. If this can, in the first instance, be admitted as a ratification, I do not fear any further consequences, 'Congress will, I presume, recommend certain amendments to render the structure of the Government more secure. This will satisfy the more considerate and honest opposers of the Constitution ; and, with the aid of them, will break up the party," Madi son was of the opinion, that, " a reservation of a right to withdraw, if amendments be not decided on under the form of the Constitution within a certain time, is a condi tional ratification ; that it does not make New York a member of the new Union, and consequently, that she could not be received on that plan, , , , The Consti tution requires an adoption in toto and forever." Smith followed Hamilton, in the debate. He avowed, that he would vote against such reservation, Hamilton then closed the discussion. He gave an eloquent exposi tion of the situation of New York, if out of the Union — that self-preservation would compel the General Govern ment to reduce the State to unite. He indicated the evils to result from discontented minorities ; the inequahty of a contest by a single State with an organized government, when the ruling parties of the other States were federal — commanding the confidence of the Sea Coast, the great source of wealth, and wielding the mass of property. Where will you look for aid ? If to Great Britain, will she afford it, unless with views of conquest ? If to France, will she involve herself with the whole Repubhc ? If the contest were equal, he asked, what must be the result of two great parties marshalled against each other ? Who 526 THE EEPUBLIC. [1788. would be the Leader ? Whom would the people trust ? Why should all these evils be risked, with the additional one of their great Sea Port, being embraced in the Union ? What had been the past history of the country? The rejection of the impost begat the Convention — the rejection of the Constitution may beget a despotism. In the variety of opinions which exist as to government, the love of repose would unite all. Amid the various opinions respecting the mode of ratifying the Constitution, this peaceable expedient had been adopted. What responsi bihty will be incurred, if frustrated by us? Until the American revolution. Republican government had been disgraced. The situation of this country presented the most favorable theatre for a successful experiment. The cause of liberty calls upon us to do nothing rashly." This speech, of which these are merely the heads, closed with an elegant peroration, in which, in glowing terms, he enumerated the most distinguished patriots of the nation, as watching upon the issue of their dehberations. He called to their minds the heroes who had died to es tablish American liberty ; pointed to their sister States, as appeahng to their common dangers and common inter ests ; declared, that the prospects of " mankind " were in volved in the result, and invoked the influence of Heaven " upon the decision of that day." * * Kent relates: "It was in the midst of that gloomy period, and just before the clouds began to disperse, and serene skies to appear and gladden the moral atmosphere of the plaoe, that Hamilton made one of his most pa thetic and impassioned addresses. He urged every motive and consideration that ought to sway the human mind, in such a crisis. He touched, with ex quisite skfll, every chord of sympathy, that could be made to vibrate m the human breast. Our country, our honor, our liberties, our firesides, our posterity were placed jn vivid colors before us. He aUuded to the distresses and national degradation which dictated the caU for a General Convention, and he portray ed, in matchless style, the characters in that illustrious assembly, composed ^T. 31.] HAMILTON. 527 The final question was then taken, and by a majority of three votes, the Constitution was adopted on the twenty-fifth of July. The Convention again met the next day ; and, after a few observations by Chnton, to the effect, that, until another Convention was called to consider the amendments which had been re/;ommended, the probability was, that the people who were opposed to the Constitution would not be satisfied ; but, that he would endeavor, as far as was in his power, to preserve peace and good order. The Convention then, having executed a formal ratification, adjourned indefinitely. During the last days of its session, the City of New York exhibited a scene of the most intense excite ment. Congress hardly cared to deliberate. The citizens moved to and fro, awaiting anxiously a result, in which they felt that all was at stake. At each corner of the streets, the inquiry was, " what is the news ? " and, along the wharves, dense masses were collected, waiting the approach of every sail. As though all their hopes were concentrated in him, the reply was, " Hamilton is speak ing yet." "Hamilton is speaking yet." Late in the evening of the twenty-eighth of July, the happy result was announced. The bells pealed the joyful news. The cannon resounded from the Forts ; and their grateful con stituents, forming a procession through the city, fired a salute before the residence of each delegate, to whose ex ertions they were so much indebted. The following day, Hamilton resumed his place in Congress, and presented the ratification of the Constitu tion by New York. His fellow-citizens resolved to cele- of the wisest and brightest of our American statesmen. To discriminate largely, might be invidious ; but it could not be so, be said, to select Frankhn, revered by the wise men of Europe, and Washington, crowned with laurels and refulgent with glory." 528 THE EEPUBLIC. [1788. brate this great event, which, with a wise augury, they foresaw, would raise their corporation of thirty thousand persons to become the great city of the Union — the me- tropohs of an Empire — the mart of the Western hemi sphere. In this celebration, all interests and classes united. The merchants — the traders — the learned professions — followed by a great concourse of artisans, in separate divisions, singing odes, which were scattered, as they passed along. Among the emblems, was an ensign with a flag representing the head of " Washington ; " on the reverse, that of "Hamilton," The printers attended a Press, bearing on high, a banner inscribed with the words, "Publius" — "Liberty of the Press" — "The Epoch of Liberty and Justice," in golden letters. The Chandlers bore a flag with thirteen stripes, where, again were seen united, the heads of " Washington," and of " Hamilton," The sail-makers had a stage, with the em blematic ship "New Constitution," In the centre of a standard, was seen the figure of "Hamilton," with the " Constitution " in his right hand, and the " Confederation " in his left — Fame, with her trumpet and laurels, to crown him. But the principal object in the pageant was, the Federal ship, " Hamilton," a frigate, fully manned, saluted and saluting, telling forth the triumph of a Nation. A public feast, of which thousands partook, where, amid huzzas and toasts, re-echoed the name of " Hamilton," closed this great festive day. "That bright and golden age of the Republic," ob serves Chancellor Kent, a spectator of this interesting scene, "may now be numbered with the years beyond the flood ; and, I am left, almost alone, to recall and enjoy the enchanting vision. The Convention combined the talents, experience, and weight of character, of some of ^T. 31.] HAMILTON. 529 the most distinguished men in the State. Most of them had been disciplined in the discussions, services, and perils of the Revolution. There was no difficulty in deciding at once, on which side of the House, the superiority in debate existed ; yet, in the ordinary range of the discus sion, it was found, that the dignity, candor, and strength of Jay ; the polished address and elegant erudition of Chancellor Livingston ; the sagacity and exhaustless re searches of Hamilton, were met with equal pretensions by their opponents — supported by the simplicity and un pretending good sense of Chnton ; the sound judgment of Jones ; the plausible deductions of Lansing, and the metaphysical mind and embarrassing subtleties of Smith. Hamilton maintained the ascendency on every question ; and, being the only membei present, who had signed the Constitution, he felt and sustained, most intrepidly, the weight of the responsibility which belonged to him, as the leader on the Federal side of the question. " He was, indisputably, pre-eminent ; and all seemed, as by common consent, to concede to him, the burden and the honor of the debate. Melancthon Smith, was, also, the most prominent and the most responsible speaker on the Anti-federal side of the Convention. There was no person to be compared with him in his powers of acute and logical discussion. He was Hamilton's most perse vering and formidable antagonist, but he was worsted in every contest." * * " As, Hamilton had been a lead ing member of the National Convention, and a leading writer of the ' Federalist,' his mind had become familiar with the principles of the Federal Government, and with every topic of debate ; and, he was prompt, ardent, ener getic, and overflowing with an exuberance of argument and illustration. " He generally spoke with great earnestness and ener- VoL. III.— 34 530 THE EEPUBLIC. [1788. gy, and with considerable, and sometimes, vehement ges ture. His language was clear, nervous, and classical. His investigations penetrated to the foundation and reason of every doctrine and principle which he examined ; and he brought to the debate a mind richly adorned with all the learning and precedents requisite for the occasion. He never omitted to meet, examine, and discover the strength or weakness, the truth or falsehood, of every proposition, which he had to contend with. His candor was magnanimous, and rose to a level with his abilities. His temper was spirited, but courteous, amiable, and gen erous ; and he frequently made powerful and pathetic appeals to the moral sense and patriotism, to the fears and hopes of the Assembly ; and painted, vividly, the dif ficulties and dangers of the crisis, in order to prepare their minds for the reception of the Constitution. " The arguments used by Colonel Hamilton in the de bates in the Convention, were substantially the same which he had before employed in the Federalist, They could not well have been any other, for he had already urged, in support of the Constitution, all the leading con siderations which led to the plan of it, and which guided the skill of the artists. The wisdom of the Commentator was now repeated, and enforced by the eloquence of the Orator. " The style and manner of Smith's speeches were plain, dry, and syllogistic ; and, it behooved his adversary to understand well the ground on which he stood, and the principles he advanced, or he might find it somewhat em barrassing to extricate himself from a subtle web of spe cious reasoning, unless, indeed, it was met by Hamilton's skill and strength, which nothing could resist," CHAPTER LV, During his exertions to induce the concurrence of New York, Hamilton's attention was called, by a letter from a gentleman of highly distinguished talents and character, to a subject, in various points of view, of great interest — the relations of Vermont to the new Government, In his reply, addressed to Nathaniel Chipman, afterwards a mem ber of the Senate of the United States, he observed : " Your brother delivered me your favor, which I re ceived with pleasure, as the basis of a correspondence that may be productive of public good, "The accession of Vermont to the Confederacy, is, doubtless, an object of great importance to the whole ; and, it appears to me, that this is the favorable moment for effecting it upon the best terms for all concerned. Besides more general reasons, there are circumstances of the moment which will forward a proper arrangement. One of the first subjects of deliberation with the new Congress will be, the Independence of Kentucky, for which the Southern States will be anxious. The North ern, will be glad to send a counterpoise in Vermont. Then, mutual interests and inchnations will facilitate a proper result, " I see nothing that can stand in your way, but the in terfering claims under the grants of New York, As to 532 THE EEPUBLIC. [1788. taxation, the natural operation of the new system will place you exactly where you might wish to be, ' The public debt, as far as it can prudently be provided for, will be, by the Western lands, and the appropriation of some general fund. There will he no distribution of it to particular parts of the community. The fund will be sought for in indirect taxation ; as, for a number of years, and, except in time of war, direct taxes would be an impolitic measure. Hence, as you can have no objec tion to your proportion of contribution, as consumers, you can fear nothing from the article of taxation, " I readily conceive, that it will be scarcely practica ble to you to come into the Union, unless you are secured from claims under New York grants. Upon the whole, therefore, I think it will be expedient for you, as early as possible, to ratify the Constitution, upon condition, that Congress shall provide for the extinguishment of all ex isting claims to land, under grants of the State of New York, which may interfere with claims under the grants of the State of Vermont, You will do well to conform your boundary to that heretofore marked out by Con gress ; otherwise, insuperable difficulties would be likely to arise with this State, "I should think it altogether unadvisable to annex any other condition to your ratification. For there is scarcely any of the amendments proposed, that will not have a party opposed to it ; and, there are several that will meet with a very strong opposition ; and it would, therefore, be highly inexpedient for you to embarrass your main object by any collateral difficulties, " As I write in Convention, I have it not in my power to enlarge. You will perceive my general ideas on the subject, I will only add, that it will be wise to lay as ht- -^T, 31.J HAMILTON. 533 tie impediment as possible in the way of your reception into the Union," The approaching session of the Legislature of that State, in October, induced a second letter from the same source, which Hamilton thus answered : " Your favor of the sixth of September has been duly handed to me, and I receive great pleasure from the hopes you appear to entertain of a favorable turn of aflfairs in Vermont, in regard to the new Government, It is cer tainly an object of mutual importance to yourselves and to the Union, and well deserves the best endeavors of every discerning and good man, " I observe, with satisfaction, your opinion that Ver mont will not make a point of introducing amendments (I mean as a condition of her accession). That ground would be the most hazardous which she could venture upon, as it is very probable, that such amendments as might be popular with you, would be deemed inadmissi ble by the friends of the system, who will doubtless be the most influential persons in the national councils ; and, who would rather submit to the inconveniences of your being out of the Union, till circumstances should alter, than consent to any thing that might impair the energy of the Government, The article of taxation is, above all, the most delicate thing to meddle with ; for as, plenary power in that respect must ever be considered as the vi tal principle of government ; .no abridgment or constitu tional suspension of that power can ever, upon mature consideration, be countenanced by the intelligent friends of an effective national Government. You must, as I re marked in my former letter, rely upon the natural course of things, which, I am satisfied, will exempt you, in ordi nary times, from direct taxation, on account of the diffi culty of exercising it in so extensive a country, so pecu- 534 THE EEPUBLIC. [1788. liarly situated, with advantage to the revenue or satis faction to the people. Though, this difficulty will be gradually diminished, from various causes, a considerable time must first elapse ; and, in the interim, you will have nothing to apprehend on this score. As far as indirect taxation is concerned, it will be impossible to exempt you from sharing in the burthen, nor can it be desired by your citizens. I repeat these ideas, to impress you the more strongly with my sense of the danger of touching this chord, and of the impolicy of perplexing the main object with any such collateral experiments, while I am glad to perceive that you do not think your people will be tenacious on the point, " It will be useless for you to have any view in your act to the present Congress, They can, of course, do nothing in the matter. All you will have to do, will be to pass an act of accession to the new Constitution, on the conditions upon which you mean to rely. It will, then, be for the new Government, when met, to declare whether you can be received on your terms or not, " I am sorry to find that the affair of boundary is like ly to create some embarrassment. Men's minds every where, out of your State, are made up upon, and recon ciled to that which has been delineated by Congress, Any departure from it must beget new discussions, in which all the passions will have their usual scope, and may occasion greater impediments than the real import ance of the thing would justify. If, however, the further claim you state cannot be gotten over with you, I would still wish to see the experiment made, though with this clog ; because I have it very much at heart that you should become a member of the Confederacy, It is, however, not to be expected, that the same disposition will actuate everybody. In this State, the pride of cer- ^T. 31.] HAMILTON. 635 tain individuals has too long triumphed over the public interest ; and, in several of the Southern States, a jealousy of Northern influence will prevent any great zeal for in creasing, in the national councils, the number of Northern voters, I mention these circumstances (though I dare say they will have occurred to you) to show you the neces sity of moderation and caution on your part, and the error of any sanguine calculation upon a disposition to receive you, at any rate, A supposition of this nature might lead to fatal mistakes, " In the event of an extension of your boundary be- j'ond the Congressional line, would it be impracticable for you to have commissioners appointed to adjust any differences which might arise ? I presume, the principal object with you, in the extension of your boundary, would be to cover some private interests. This might be mat ter of negotiation. " There is one thing which I think it proper to men tion to you, about which I have some doubt — that is, whether a legislative accession would be deemed vahd. It is the pcjlicy of the system, to lay its foundations in the immediate consent of the people. You will best judge how far it is safe or practicable to have recourse to a Conven tion. Whatever you do, no time ought to be lost. The present moment is, undoubtedly, critically favorable. Let it by all means be improved," Of the original States, two had not yet adopted the Constitution — North Carohna and Rhode Island, The causes which operated against the Constitution in Vir ginia, had a more powerful influence in North Carolina. Its seaboard, broken by numerous far projecting capes, and indented by intervening sounds, aflTorded little encouragement, either to commercial or agricultural en terprise. The parts capable of tillage were occupied by 536 THE EEPUBLIC. [1788. planters, with their numerous slaves. These planters composed the most informed and independent portion of the inhabitants. The interior, separated by vast forests, and intersected by numerous, but not navigable streams, and extensive swamps, was held by a sparse, various, and dissimilar population. Of this, a large part had been driven, by the sterile soil, to the lonely labors of the woods ; where, they led roaming, independent, and irregu lar lives — httle controlled by the influences of society, or of education — cut off from the ordinary sources of in formation — easily prejudiced, and with prejudices hostile to any other than the Laws of the Forest, Early, as this State evinced her hostihty to the exactions of Great Britain, this was far from being a universal feeling. In no other Colony, was the division of political sentiment greater — in no other was the contest so close and obsti nate — in none, did it assume a more sanguinary and par tisan character. Among a people of a resolute temper, fertile in ex pedients, inured to hardships, regardless of danger, every individual was at times in arms, every village .in its turn was the victim of some wild foray, every fording place was connected with some incident of horror, every stream had been stained with blood. From the calamities of this intestine war, a faithful narrative of which would be one continuous tale of bold adventure, and of unmitigated suffering, no domestic circle escaped, — Even, the weaker sex, were here compelled to see their relations shot at their very doors, and were driven out to traverse, unpro tected, wide tracts of wilderness, to some place of uncer tain refuge, " A country on the verge of ruin, a corrupt, or what is worse, Idiot Assembly — an indolent Execu tive, Treasurers without money, a mihtary without exer tion — punctiho superseding duty," is a picture of her ^T. 31.] HAMILTON. 537 situation, in seventeen hundred and eighty-one, drawn by one of her fiiiest, though most calumniated patriots.* Thus the forms of Government were preserved, without its beneficial influences. The community was silent, every man was his own law, and his own avenger. A protracted warfare of such a character left too deep an incision in the State to be easily healed. Poverty also had brought with it, its usual concom itant — oppression. Necessity had early compelled the col lection of the most arbitrary of all impositions — a poll tax, payable in commodities ; small as this was, it was the source of much discontent. The efforts to relieve the people, and to sustain the war, led to frequent and large emissions of paper, which, before the termination of the contest, became of little value. This debased circulation, much of which was counterfeit, remained a legal tender until the peace. With these general causes, others concurred of a powerful in fluence. This Colony was, in seventy-six, largely indebt ed to British creditors. These remained in the State, adhered to the enemy, and headed and supported the marauding bands of Tories, Humanity would almost hesitate to plead for the au- * WiUiam Hooper, whose activity, at au early period of the Eevolution, ander circumstances, deeply interesting to the fame of North Carolina, was conspicuous, has been stigmatized by Jefferson as an Anti-Independent — an epithet, also appUcd by him, to Governors Jay, and Johnson of Maryland, both personal and political firiends of Washington. When the enemy took possession of Wilmington, Hooper was absent. His family resided there. His house was sacked, his Ubrary plundered, and aU that was left, were a few articles of necessity saved by his wife. This lady was compeUed to embark in a open boat with her daughter, at an unhealthy season, exposed to the insults of those turbulent times, with no other protec tion than a faithful slave, permission being refused to her to employ an es cort. Thus vengeance was wreaked on the family of this traduced patriot. 538 THE EEPUBLIC. [1788. ¦ thors of so much atrocity. Weak would be the disposi tion of the people to accept a Constitution, for which these men loudly clamored, and which appeared before them interposing, what they deemed, the severe demands of an inflexible justice. Their aversion to it, was increased by one of the greatest misfortunes which can befall any society — a strong and too well-founded suspicion of, and disrespect for a contentious judiciary — a repugnance which was augmented by the circumstance, that the most strenuous advocates of the Constitution were distinguished ministers of the law, Davie, Johnson, Iredell, Spaight, Maclaine, and Hooper, comprising the great mass of the information and intelligence of the State. At the head of the opposition, was Willie Jones, conspicuous, as one of the Founders of the State Constitution, active in its coun cils — possessing a most extensive influence from his knowledge of human nature, but otherwise of limited in formation, and confined vision. He was sustained by Spencer, Bloodworth and Macon. The same policy, which had deferred to a late period, and had induced a simultaneous convocation of the States of Virginia and New York, influenced the Legislature of North Carolina. The opposition called a Convention, at Hillsborough, on the twenty-first July, seventeen hundred and eighty- eight. As soon as the Convention was formed, Jones, aware of the strength of the adverse party, moved, that the question upon the Constitution should be immediately taken. This motion was rejected, and a wide debate fol lowed. The objections raised by the other States of the South were here warmly urged, and ably met. In this conflict. Colonel Davie, the most distinguished soldier of his State, was also the most distinguished advocate of the Constitution. After a session of great interest, and only iEx. 31.] HAMILTON. 539 ten days' duration, so precipitate was the discussion, it was resolved, by a vote of one hundred and eighty-four out of two hundred and sixty-eight members, to postpone acting upon the Constitution, until certain proposed amendments had been laid before Congress, and submitted to a second General Convention. Thus, it was not formally ratified, nor rejected. It will be remarked, that the letter of Jef ferson urging its rejection by four States, was quoted, and relied upon as a sanction for this proceeding by one of his warmest political adherents. Hooper, who had been much distinguished in the pro ceedings of the first Congress, was defeated in the elec tion to the Convention, It is to be regretted, that a cor respondence held with him, and with Governor Johnson, by Hamilton, urging the measures to be taken to induce the co-operation of this State, has not been obtained. The result in North Carolina, was not unexpected, and occurred too late to produce any influence elsewhere. Of the numerous opponents of the new system, through out the United States, a part had been influenced by honest fears of the extent of the powers conferred upon it. The more intelhgent had abused these fears, from various motives, among which, a regard to their own political importance had much weight. The Constitution being adopted, they saw, in the jealousy of power they had so successfully fomented, a source of popularity of which they resolved to avail themselves. This motive, and an observance of appearances, alike prompted a per severing effort to induce the call of a Second General Convention. A circular letter from the Convention of New York, was thought the fit mean of eflfecting their object. Its influence on Rhode Island was felt. To induce the concurrence of that State, Hamilton wrote to Colonel 640 THE EEPUBLIC. [1788. Olney, whose reply states, that the proposition to appoint a State Convention to consider the Constitution, was lost by a vote of nearly three to one, and by a similar vote, the call of a Second Federal Convention was passed.'* A similar circular letter was also laid before the Assem bly of Pennsylvania. A previous conference of a hostile State Legislature at Harrisburg, at which Gallatin, one of the most active opponents of the Federal policy, was present, had induced an expectation of that State concur ring in this measure. But the proposition was rejected by a large vote. The same body subsequently refused to refer the circular letter of Virginia, This important State, still evinced a resolute opposition. Resolutions for a second General Convention were submit ted to its House of Delegates ; a substitute was proposed, that Congress should recommend to the State Legislatures to ratify a Bill of Rights and several amendments. This substitute was rejected, and the original resolutions prevail ed by a large majority — eighty-five to thirty-nine. On this occasion, Patrick Henry was conspicuous. His resolutions declared an apprehension of the Constitution, in its exist ing form, and that there were defects in it, which " involv ed all the great and inalienable rights of freemen," They were followed by a letter to Clinton, and a circular letter to the States, announcing their intended application to Congress, for another General Convention. Edmund Randolph writes to Madison, " I confess to you, without reserve, that I feel great distrust of some of those, who will certainly be influential against the Gov ernment, and whom I suspect to be capable of making a wicked use of its defects. Do not charge me with undue suspicion, but, indeed, the management in some stages of ¦* Hamilton's Works, i. 484. ^T. 31.] HAMILTON. 641 the Convention, created a disgustful apprehension of the views of some particular characters. I reverence Ham ilton, because he was honest and open in his views." * The Legislature of New York assembled in December, when, Lansing being chosen Speaker of the House, Clin ton addressed them. He referred to the proceedings of the State Convention, and, in earnest terms, urged a re vision of the Constitution. His recommendation was sanctioned by both branches of the Legislature. The same question was presented to the Legislature of Massachusetts. It was referred to a committee, re ceived the approbation of Hancock, and of a part of the Federalists. Alarmed by the discussions to which it might give rise, Hamilton wrote to Sedgwick : " Your last letter but one, met me at Albany attending court, whence I am just returned. I am sorry for the schism you hint at among the Federalists, but I have so much confidence in the good management of the fast friends of the Constitution, that I hope no ill consequences will ensue from that disagree ment. It will, however, be worthy of great care, to avoid suffering a difference of opinion on collateral points, to produce any serious division between those who have hitherto drawn together on the great National Question, Permit me to add, that I do not think you should allow any line to be run between those who wish to trust altera tions to future experience, and those who are desirous of them at the present juncture. The rage for amendments is, in my opinion, rather to be parried by address, than encountered with open force — and, I should, therefore, be loth to learn, that your parties have been arrayed profess edly upon the distinction I have mentioned. The mode in which amendments may best be made, and twenty * September 3d, 1788. 542 THE EEPUBLIC. [1783. other matters may serve as pretexts for avoiding the evil and securing the good." While the opponents of the Constitution were direct ing their efforts to this object, its friends in Congress were engaged on two questions of importance — the prelimi nary measures to put the Government into operation, and the designation of a place for commencing its proceedings. As, in the original resolutions submitted to Congress, these questions were connected with each other, much delay ensued. The possession of the Seat of Government was sup posed to promise to the State in which it should be placed, exclusive of other, great political benefits. In consequence of the mutiny at Philadelphia, this subject had engaged the attention of Congress, in the year seventeen hundred and eighty-three. Hamilton thought the discussion premature, and brought forward, at that time, resolutions postponing offers from Kingston on the Hudson, and Annapolis on the Chesapeake. This question was resumed, after he had returned from its councils ; and, at the end of many ballotings, some in favor of a site on the Potomac, others on the Delaware, an ordinance appointing commissioners to select a seat on the banks of the latter river, passed by the vote of eight states, Maryland, Virginia and the Carolinas dissenting. The dissatisfaction this ordinance produced, prompted ef forts of conciliation, and at last a resolution was adopted for the erection of pubhc buildings near Georgetown, while, to obviate temporary jealousies, alternate sessions of equal periods of not more than one year were ordered to be held, at Trenton and Annapolis, This ordinance was not acted upon. Intent upon es tablishing the Capital within her own borders, the Con- iET. 31.] HAMILTON. 543 vention of Pennsylvania, after adopting the Constitution, passed a resolution to cede to the United States a Federal district. An act to carry the Constitution into operation, was reported in Congress, as early as July, eighty-eight. It was discussed during that, and the following month. The diversity of interests induced a hope, that New York would be selected as the temporary residence, a selection which Hamilton, not only supported, because it would gratify his immediate constituents, but swayed by a higher consideration ; the probability, that the residence of Washington at that city, as President of the United States, would attract the popular feeling of the State to the Na tional Government, and thus aid his efforts to diminish the influence of the party, with which he had thus far success fully contended. Other considerations would prompt him to urge a tem porary * residence, at New York. " Its exposed and ec centric position," he wrote, " will necessitate the early establishment of a permanent seat ; and in passing South," he thought, "it highly probable, the Government would hght upon the Delaware, in New Jersey, The Northern States do not wish to increase Pennsylvania, by an acces sion of all the wealth and population of the Federal city," * The discussions in Congress had disclosed the rival views of Virginia and Pennsylvania, The Potomac was too remote for the present population of the country, and the Northern States were jealous of Pennsylvania, He was unwilhng to increase the power of either of the large States by superadding such an advantage ; and, depreca ting the ascendency of State influences over the National Councils, he preferred its being established in a small State, Delaware was more vulnerable. New Jersey was * Hamilton's Works, i. 471. 544 THE EEPUBLIC. [1788. central, possessed few slaves, and was surrounded by a hardy population to protect the Capital of the Republic from the inroads of an enemy. These were weighty con siderations, but they were resisted with- much pertinacity, Madison wrote to Washington, " I own, I am much in fluenced by a view to the final residence, which I conceive, more likely to be properly chosen in Philadelphia than in New York, Judging from my own experience on this subject, I conclude that from motives of one sort or an other, ten States, at least, will at any proper time be ready to remove from Philadelphia, The only difficulty, that can arise, will be that of agreeing on the place to be finally removed to ; and it is from that difficulty alone, and the delay incident to it, that I derive my hope in favor of the banks of the Potomac," "I am clearly in sentiment with you," Washington replied, "that the longer the question respecting the permanent seat of Congress remains unagitated, the greater certainty there will be of its fixture in a central spot. But, not having the same means of information and judg ing that you have ; it would have been a point with me, whether a temporary residence of that body at New York, would not have been a less likely mean of keeping it ulti mately from the centre (being further removed from it) than if it was to be at Philadelphia, because, in propor tion as you draw it to the centre, you lessen the incon venience, and of course the solicitude of the Southern and Western extremities ; and when, to these are superadded the acquaintances and connections which naturally will be formed — the expenses which more than probably will be incurred for the accommodation of the public officers — with a long train of et ceteras, it might be found an arduous task to approach nearer the axis thereafter. These, however, are first thoughts, and may not go ^T. 31.] HAMILTON. 545 to the true principles of policy, which governs in this case." Doubts arising, whether the delegates from North Carohna and Rhode Island, those States not having rati fied the Constitution, could vote upon this subject without being committed, Hamilton, on the seventh of August, pro posed a declaratory resolution, excluding such construc tive effect. But those delegates finally declining to vote, this motion he withdrew, and on the thirteenth of Sep tember he attained his object. An ordinance was then passed, but, with two dissenting voices, designating the first Wednesday of January following, for the appointment of Presidential electors ; the first Wednesday of February, as the day, on which, they were to give their votes ; and the first Wednesday of March, as that, on which, the Con stitution was to go into effect, and New York, as the Seat of Government. So great were the apprehensions, lest this selection would disappoint the ambition of Virginia, that her oppo nents became the objects of the most groundless imputa tions. The concurrence of the Federalists of New York in the circular address of Chnton was pronounced a determination to purchase an immediate ratification in any form, and at any price, rather than disappoint its city of a chance for the new Congress. The choice was de clared to be " the result of the dilemma of yielding to its advocates, or strangling the Government in its birth." " I begin," Madison writes, " now, to accede to the opinion, which has been avowed for s'ome time by many, that the circumstances involved in the ratification of New York will prove more injurious than a rejection would have done." !* * Madison to Washington, 24th August, 1788. — General Harry Lee took a cahner view — September 13th, 1787. " The Southern gentlemen," he ob- VoL. III.— 35 546 THE EEPUBLIC. [1788, Washington did more justice to the Federalists of New York, "Although," he writes, "I could scarcely conceive it possible after ten States had adopted the Con stitution, that. New York, separated as it is, from the other three, and peculiarly divided in sentiments as it is, would withdraw from the Union; yet, considering the great majority, which appeared to cling together, in the Con vention, and the decided temper of the leaders, I did not, I confess, see the means by which it was to be avoided. The exertion of those, who were able to effect this great work, must have been equally arduous, and meritorious," Although, the Act to organize the new Government, passed Congress, on the thirteenth of September, a month elapsed before a proclamation was issued by Clinton, con vening the Legislature of New York ; and the time ap pointed for their meeting was less than a month from the period within which the Electors of President were to be chosen. The Senate was now under the influence of Schuyler ; the Assembly largely Democratic, A bill to put the Constitution into operation was brought forward, in the latter body. It proposed to choose the Electors of President by joint ballot of both Houses, This proposition, though jealously opposed, pre vailed in the Assembly, It was rejected in the Senate, who insisted, that each House was entitled to a negative upon the other. Various conferences were had, and compromises suggested. After fi-equent debate, it was served, " did not accord in the place of temporary residence, from a discord ance in sentiment of its effect, on the estabhshment of the permanent Seat of Government. Some considered this city, others a more Southern position, as the most favorable theatre to negotiate the determination of the ten miles square — ^many plausible, and some cogent reasons are addueible in support of either opinion, and time only can show which is founded impropriety." iET. 31.] HAMILTON. 547 ascertained, that neither party would recede. New York was, by this dissension, deprived of a voice in the election of the President — deprived of the exercise of a right vested in her people by the Constitution ; the choice of electors by their own free suffrages — a course, which Schuyler stated in the Senate, he would have preferred ; and which Hamilton declared, was a privilege which it was of the greatest importance, should be "in the hands of the people," But, had the election been by them, it was known to the Democratic party, that the suffrages of New York would have been given to Washington, As a consequence of the same discord, she was not repre sented in the first session of the Senate,* Thus early was manifested the defective organization of the General Gov ernment ; rendering the existence of one of its great de partments dependent on the action of bodies, over which it had no control — of State Legislatures, antagonistic by their position — easily excited to hostility, often not ap peased without a sacrifice of essential rights of the nation. These consequences Hamilton foresaw, and would have averted, by his plan of a Constitution ; in which, reposing solely on the only legitimate source of power — the peo ple — he confided the choice of Senators to electors chosen by them, for that express purpose. An effort was made to provide by law, that the Rep resentatives in Congress should be elected by general ticket, and not by districts. This was defeated.f While these subjects were under discussion, the elec tion of Delegates for the unexpired term of the Congress * Knox wrote Washington, — " The Federal Senate of New York exhibited an honorable firmness — ^hazarding the removal from New York rather than saddle the Government with two Anti-federal Senators." t Massachusetts, New Hampshire, and South Carolina, also' elected their members of Congress in single Congressional districts. 548 THE EEPUBLIC. [1788. of the Confederation took place. The friends of the Con stitution supported Hamilton ; but, in joint ballot, the ticket, of which he was the head, was defeated. Thus, his first and only defeat was the punishment for his advo cacy of the Constitution, In Virginia, the same violence which had been shown as to the call of a second Conven tion, was manifested in relation to the measures necessary for organizing the General Government, Although, her Legislature passed a law to regulate the election of Rep resentatives — dividing the State into districts, it also en acted, that it was incompatible for any officer of the State to perform official functions under the authority of the United States — an act, which, had it been enforced, would have compelled the National Government to em ploy Ministerial and Judicial officers within each State, for every branch of the National affairs, and would thus have rendered the Constitution extremely odious. Early in the session of this Legislature, Madison, being proposed to be continued in Congress until the new Government commenced, was rejected by a large vote. He was subsequently nominated, as a Senator of the United States, When the vote was about to be taken, Patrick Henry made a pointed attack upon him, founded upon his efforts in support of the Constitution : Lee and Grayson were chosen Senators, Defeated as a Senator, Madison resolved to present himself as a candidate for a seat in the House of Repre sentatives, Monroe was his competitor. To allay the opposition, Madison found it necessary to address an ex planatory letter to the district which he sought to repre sent. In this address, while he avowed his attachment to the Constitution, he acknowledged the fitness of amendments, and pledged himself to promote them in the constitutional mode, " I have," he wrote to Wash- ^T. 31.] HAMILTON. 649 ington, "pursued my pretensions much farther than I had premeditated, having not only made use of epis tolary means, but actually visited two counties." He was elected by a close vote. Thus early and pointed was the admonition of Virginia — that to her prejudices, he must sacrifice either his principles, or his ambition. It has been seen, that New York had, at the express instance of Clinton, recommended a Second General Convention. The determination to pursue this measure, after Pennsylvania and Massachusetts had both rejected the proposal, was regarded by the friends of the Consti tution as evidence of an inflexible hostility to it, which must be resisted by every effort. Connected with the other proceedings of the Legisla ture, it was the signal in New York, for a zealous opposi tion to the re-election of Chnton, the term- of whose office was about to expire. Chief Justice Morris was induced to relinquish his pretensions, and, at a public meeting in the City of New York, Robert Yates was nominated as a candidate for the office of Governor. The motives for this nomination were set forth in an address from the pen of Hamilton.* "The People of this State," he said, "are the Sovereigns of it ;" and, they are called upon to exercise this high act of sovereignty, so, "that the Chief Magistrate of the State should be free from all temptation, wantonly to per plex or embarrass the National Government, — whether that temptation should arise from a preference of partial confederacies ; from a spirit of competition with the Na tional Rulers for personal pre-eminence ; from an impa tience of the restraints of National authority ; from the fear of a diminution of power and emoluments ; from re- "¦ Hamilton's Works, ii. 474. 550 THE EEPUBLIC. [1788. sentment or mortification, proceeding from disappoint ment, or any other cause." The importance of assuaging the controversies which had long divided the State was inculcated. It was urged that all should join in supporting the Constitution, and all unite in a reconsideration of the parts which had been objected to, so as to provide, if requisite, " such additional securities to the liberties of the .people, as shall be compat ible with the salutary and necessary energy of an efficient National Government," To effect these objects, he said, it was essential, " that the Chief Magistrate should be a man of moderation, sincerely disposed to heal, not to wi den existing divisions — to promote conciliation, not dis sension — to allay, not to excite the fermentations of party spirit, and to restore that cordial good will and mutual confidence which ought to exist among a people bound to each other by all the ties which connect members of the same society. Notwithstanding the weight of his official influence, his long possession of office, and the distrust which ex isted as to the National Government, Chnton succeeded by a very small majority,* To produce this change in the popular sentiment, Hamilton not only travelled through part of the State, but was the author of a series of essays, embracing a searching examination of the Governor's pohtical lifcf By great exertions, of the six Representatives in Con gress allotted to New York, the Federalists elected four. To attain this result, Hamilton published another address. While these efforts were made by him to give to the Government, in its outset, a vigorous support, a question * Of 12,353 votes — ^his majority was 429. \ Letters of H. G., Hamilton's Works, vi. 600. iET. 31.] HAMILTON. 551 of great moment occupied his mind — who would be the President ? It has been seen, he had anticipated that Washington would command the suffrages of a vast majority of the Nation. This was obvious. It was a selection upon which Hamilton felt much would depend, though he did not conceal from his confidential friends his regret, that a precedent would thus be given for the preference of a soldier, as the First Magistrate of the Republic, But his solicitude was whether Washington would ac cept this high station. Judging from the motives which have governed the great majority of eminent men, few can believe, that, any individual, enjoying so fully the con fidence of his countrymen, could have entertained any sincere hesitation upon this question, or could doubt that so commanding a position would have been the object of his most ardent desires. But they form an imperfect judgment of his character and situation. The success of the experiment of a Government so new and complicated, would, to a person of less experi ence, be extremely doubtful. To one who had felt, as he had, the evils of a Federal system, it would seem scarcely to have left room for hope, " If I should conceive my self," he said, " in a manner constrained to accept, I cah Heaven to witness, that this very act would be the great est sacrifice of my personal feelings and wishes, that ever I have been called upon to make. It would be to forego re pose and domestic enjoyment, for trouble, perhaps, for pub hc obloquy ; for, I should consider myself as entering upon an unexplored field, enveloped on every side with clouds and darkness," No man better knew the character of the late Com mander-in-chief — no man measured him more accurately 562 THE EEPUBLIC, [1788. — no man did more justice to his " eminent and excellent qualities," and none was more deepty impressed with the sincerity of his scruples, than Hamilton. Unwilhng as he was, to obtrude himself upon "his at tention, he felt, that these scruples must be overcome, and, soon after New York had ratified the Constitution, he wrote to him : * " Captain Cochran, of the British Navy, has requested my aid in recovering a family watch, worn by his brother, who fell at Yorktown. In comphance with his request, I have written the letter herewith, which I take the lib erty to convey through you, in hope, that if you see no impropriety in it, you would add your influence to the endeavor to gratify Captain Cochran. It is one of those things in which the affections are apt to be interested be yond the value of the object, and in which one naturally has an inclination to oblige." Having mentioned the transmission of a copy of the " Federalist," he added — " I take it for granted, sir, you have concluded to comply with what will, no doubt, be the general call of your country in relation to the new Government, You will permit me to say, that it is indispensable you should lend yourself to its first operations. It is to little purpose to have introduced a system, if the weightiest influence is not given to its firm establishment in the outset," Adverting to the " Federalist," Washington remarked in his reply, " When the transient circumstances and fu gitive performances which attended this crisis shall have disappeared, that work will merit the notice of posterity, because in it are candidly discussed the principles of Freedom, and the topics of Government, which will al ways be interesting to mankind, so long as they shall be connected in civil society." He added, "The circular * August 13th, 1788. iET. 81.] HAMILTON. 563 letter from your Convention, I presume, was the equiva lent by which you obtained an acquiescence in the pro posed Constitution, Notwithstanding I am not very well satisfied with the tendency of it, yet the Federal affairs have proceeded, with few exceptions, in so good a train, that I hope the political machine may be put in motion without much effort or hazard of miscarrying. On the delicate subject with which you conclude your letter, I can say nothing, because the event alluded to may never happen, and because, in case it should occur, it would be a point of prudence to defer forming one's ultimate and irrevocable decision, so long as new data might be afford ed for one to act with the greater wisdom and propriety, I would not wish to conceal my prevaihng sentiment from you. For you know me well enough, my good sir, to be persuaded that I am not guilty of affectation, when I tell you, it is my great and sole desire to live and die in peace and retirement on my own farm. Were it even indispen sable, a different line of conduct should be adopted, while you and some others, who are acquainted with my heart, would acquit, the world and posterity might probably accuse me of inconsistency and ambition. Still, I hope, I shall always possess firmness and virtue enough to main tain (what I consider the. most enviable of all titles) the character of an honest man, as well as prove (what I de sire to be considered in reality), that I am with great sin cerity and esteem, dear sir, your friend," The following reply was given — Hamilton to Wash ington : " Dear Sir : — Your Excellency's friendly and oblig ing letter, of the twenty-eighth ult,, came safely to hand, " I should be deeply pained, my dear sir, if your scru ples in regard to a certain station should be matured into a resolution to decline it ; though I am neither surprised ,554 THE EEPUBLIC. [1788. at their existence, nor can I but agree in opinion that the caution you observe, in deferring an ultimate determina tion, is prudent, I have, however, reflected maturely on the subject, and have come to a conclusion, (in which I feel no hesitation,) that every pubhc and personal consid eration will demand from you an acquiescence in what will certainly be the unanimous wish of your country. The absolute retreat which you meditated at the close of the late war was natural and proper. Had the Govern ment produced by the Revolution, gone on in a tolerable train, it would have been most advisable to have persisted in that retreat. But I am clearly of opinion, that the cri sis which brought you again into public view, left you no alternative, but to comply ; and I am equaUy clear in the opinion, that you are, by that act, pledged to take a part in the execution of the Government, I am not less con vinced, that the impression of this necessity of your fill ing the station in question, is so universal, that you run no risk of any uncandid imputation, by submitting to it. But, even if this were not the case, a regard to your own reputation, as well as to the public good, calls upon you, in the strongest manner, to run that risk, " It cannot be considered as a compliment to say, that on your acceptance of the office of President, the success of the new Government, in its commencement, may ma terially depend. Your agency and influence will be not less important in preserving it from the future attacks of its enemies, than they have been in recommending it, in the first instance, to the adoption of the people. Inde pendent of all considerations drawn from this source, the point of light in which you stand at home and abroad, will make an infinite difference in the respectability with which the Government will begin its operations, in the alternative of your being, or not being, at the head ^T. 31.] HAMILTON. 655 of it, I forbear to urge considerations, which might have a more personal application. What I have said will suf fice for the inferences I mean to draw. " First. In a matter so essential to the well-being of society, as the prosperity of a newly-instituted Govern ment, a citizen of so much consequence as yourself to its success, has no option but to lend his services, if called for. Permit me to say, it would be inglorious in such a situation not to hazard the glory, however great, which he might have previously acquired, "Secondly. Your signature to the proposed system, pledges your judgment for its being such an one, as, upon the whole, was worthy of the pubhc approbation. If it should miscarry (as men commonly decide from Access, or the want of it), the blame will, in all probability, be laid on the system itself; and the framers of it will have to en counter the disrepute of having brought about a revolu tion in government, without substituting any thing that was worthy of the effort. They pulled down one Utopia, it will be said, to build up another. This view of the subject, if I mistake not, my dear sir, will suggest to your mind greater hazard to that fame, which must be, and ought to be, dear to you, in refusing your future aid to the system, than in affording it. I will only add, that, in my estimate of the matter, that aid is indispensable, " I have taken the liberty to express these sentiments, to lay before you my view of the subject, I doubt not, the considerations mentioned have fully occurred to you, and, I trust they will, finally, produce in your mind the same result which exists in mine, I flatter myself, the frank ness with which I have dehvered myself, will not be dis pleasing to you. It has been prompted by motives which you would not disapprove," 556 THE EEPUBLIC. [1788. Washington answered: — "Mount Vernon, October third, seventeen hundred and eighty-eight. Dear Sir : — In acknowledging the receipt of your candid and friendly letter of , by the last post, httle more is incumbent on me, than to thank you sincerely for the frankness with which you communicated your sentiments, and to assure you, that the same manly tone of intercourse will always be more than barely welcome. Indeed, it will be highly acceptable to me, I am particularly glad, in the present instance, you have dealt thus freely and like a friend, " Although, I could not help observing, from several publications and letters, that my name had been some times spoken of, and that it was possible, the contingency, which is the subject of your letter, might happen ; yet, I thought it best to maintain a guarded silence, and to lack the counsel of my best friends (which I certainly hold in the highest estimation) rather than to hazard an imputa tion unfriendly to the delicacy of my feelings. For, sit uated as I am, I could hardly bring the question into the slightest discussion, or ask an opinion even in the most confidential manner, without betraying, in my judgment, some impropriety of conduct, or without feeling an ap prehension, that a premature display of anxiety might be construed into a vain-glorious desire of pushing myself into notice, as a candidate. Now, if I am not grossly de ceived in myself, I should unfeignedly rejoice, in case the electors, by giving their votes in favor of some other person, would save me from the disagreeable dilemma of being forced to accept or refuse. If that may not be, I am, in the next place, earnestly desirous of searching out the truth, and of knowing, whether there does not exist a probabihty, that the Government would be just as happily and effectually carried into execution, without my aid, as ^T. 31.] HAMILTON. 657 with it. I am truly solicitous to obtain all the previous information, which the circumstances will afford, and to determine (when the determination can, with propriety, be no longer postponed), according to the principles of right reason, and the dictates of a clear conscience, with out too great a reference to the unforeseen consequences, which may affect my person, or reputation. Until that period, I may fairly hold myself open to conviction; though I allow your sentiments to have weight in them ; and, I shall not pass by your arguments without giving them as dispassionate a consideration as I can possibly bestow on them. " In taking a survey of the subject, in whatever point of hght I have been able to place it, I will not suppress the acknowledgment, my dear sir, that I have always felt a kind of gloom upon my mind as often as I have been taught to expect I might, and perhaps, must, ere long, be called to make a decision. You will, I am well assui'cd, believe the assertion (though I have little expec tation it would gain credit from those who are less ac quainted with me), that, if I should receive and act uader the appointment, the acceptance would be attended with more diffidence and reluctance than ever I experienced before in my life. It would be, however, with a fixed and sole determination of lending whatever assistance might be in my power, to promote the pubhc weal, in hopes that, at a convenient and an early period, my ser vices might be dispensed with, and that I might be per mitted, once more, to retire — to pass an unclouded even ing, after the stormy day of life, in the bosom of domestic tranquillity. " But why these anticipations ? If the friends of the Constitution conceive, that my administering the Govern- 658 THE EEPUBLIC. [1788. ment will be the means of its acceleration and strength, is it not probable, that the adversaries thereof may enter tain the same ideas, and, of course, make it an object of opposition ? That many of this description will be amongst the Electors, I have no more doubt than I have of the part they will act at the election, which will be adverse to the choice of any character who, (from whatever cause,) would be likely to thwart their views. It might be impolitic, perhaps, in them to make this declaration previous to the election ; but I shall be out in my conjec tures, if they do not act conformably thereto, at it ; and, prove that, all the seeming moderation by which their present conduct is marked, is calculated to lull and de ceive. Their plan of opposition is systemized, and a reg ular intercourse between the leaders of it in the several States (I have much reason to believe) is formed to render it more effectual. With sentiments of sincere regard and esteem, etc," In the Postscript to a subsequent letter, Hamilton re marked — "Your last letter on a certain subject I have received, I feel a conviction, that you will finally see your acceptance to be indispensable. It is no compliment to say that no other man can sufficiently unite the public opinion, nor can give the requisite weight to the office, in the commencement of the Government. These consid erations appear to me of themselves decisive. I am not sure, that your refusal would not throw every thing into confusion. I am sure, that it would have the worst effect imaginable. Indeed, as I hinted in a former letter, I think, circumstances leave no option," While such was the general sentiment of the American people, the party opposed to the Constitution, which, it has been remarked, embraced most of the individuals who had composed the Cabal of Gates, saw in Washington's ^T. 81.] HAMILTON. 559 signature to that instrument, a new source of hostility to him. They would gladly have directed their inffuence in favor of some other individual, and, for a time, the preten sions of Franklin were discussed in private circles. But, the incomparably superior claims of Washington silenced this purpose, which there is no evidence was encouraged by Franklin, whose extreme age would alone have pre sented an insuperable objection. Indeed, the suggestion was at the time only noticed, because, it was understood, to have the countenance of men warm in the interests of France, who perceived that an United Government of adequate powers must soon make solid arrangements with Great Britain, as being ne cessary to the commercial prosperity of this country. The Ministry of France saw this result. Such a gov ernment they had early deprecated, for the reason, that, the " views and affections of the United States will ^be very versatile, and that they cannot count on them, if ever there happen new discussions with England." They were only deterred from opposing the measures to estab lish the Constitution, by an apprehension of the conse quences of such an interference. In the instructions to De Moustier, given a few days* after the Federal Con vention had adjourned, it is stated. — " The Count will have seen in the correspondence of the Sieur Otto, that the Americans are occupied with a new Constitution. This object interests, but weakly, the politics of the King. His Majesty thinks, on the one hand, that these delibera tions will not succeed, on account of the diversity of af fections, of principles, and of interests of the different prov inces. On the other hand, that it suits France, that the United States should remain in the present state, because, * September 30, 1787. 660 THE EEPUBLIC. [1788. if they should acquire the consistence of which they are susceptible, they would soon acquire a force, or a power which they would be very ready to abuse — notwithstand ing, the Minister will be perfectly passive, and neither show himself for or against the new arrangement. " The selection of a name, to be associated with Wash ington, as Vice-President, was also a subject of interest. The only useful motive to the creation of this office, would seem to be, to provide a substitute, in the contin gency of a vacancy, for a President — thus avoiding the ne cessity of a new election. This object could have been attained in a different mode, without incurring the dangers which, in the. progress of this government, may be found incident to an office, the natural centre of Cabal-faction and civil war." Perhaps, it originated in a desire to preserve an analogy to the State Constitution, in their institution, of a Lieuten ant Governor ; but more probably, to meet the prejudices which prevailed as to a single Executive ;* and to satisfy geographical jealousies, by giving, as may have been sup posed, a sectional Representative in that important depart ment of the Government, and a sectional influence in the Senate. It may also have been intended to secure the succession, in case of a vacancy, to a citizen of a different State from that which gave the first Magistrate. These considerations will be seen to have governed, at this time, in the selection of the candidate for the Vice-Presidency. . South Carolina had early adopted the Constitution, and presented several individuals of distinguished merit, but like Virginia, was a planting State ; and was of inferior importance. "¦ " Are we," Adams observed in the Senate, "the two Kings of Sparta, the two Consuls of Rome, or the two Suffetes of Carthage" ? iET. 31.] HAMILTON. 561 Pennsylvania had strong claims from her local posi tion and political weight, but none of her citizens aspired to that station. New York, it was known, would have presented a hostile candidate ; and, in the general opinion, Massachu setts, by her exertions, her influence, her wealth, and her population, was entitled to the preference. But, in that State, the sphere of selection was circumscribed. Hancock may have indulged the hope of being Pres ident. Samuel Adams first opposed the Constitution, ultimately assented to it. He was, therefore, without the confidence either of its friends or of its enemies ; and his nomination must have been offensive to Washington. Knox was thought of, but he also was a soldier. In this divided state of opinion, John Adams arrived in the United States, He had many advocates. His position as Foreign Minister had kept him prominently before the people. Though absent during its discussions, his sentiments were in favor of the Constitution, in sup port of which he had written — a circumstance, that engaged the good feehng of the Federalists, While, the uncertainty of his opinions on many leading questions — his hostility to the Cincinnati — and his unhappy jealousy of Washington, would recommend him to the Democrats. A belief that Massachusetts was much indebted to his exertions in the negotiation as to the Fisheries, also added to his popularity in a State, which had felt and cherished his impulsive temperament. But fears were entertained lest Washington might have prejudices against him,* and assurances were given to him of Adam's sincere support of the Constitution, Washington, who understood Adams, replied, cautiousljf, " Having taken it for granted, that the person selected for * Lincoln to Washington. Washington's Writings, vol. ix., p. 655. Vol. III.— 36 562 THE EEPUBLIC. [1788. that important place, would be a true Federalist, in that case, he was altogether disposed to acquiesce in the pre vailing sentiments of the electors, without giving any un becoming preference, or incurring any unnecessary ill will. " Other men of influence, aware, though not to their full extent, of the intrinsic and vital defects of his character, paused as to the selection of Adams. Hamilton, writing to Theodore Sedgwick, lately a member of the Massa chusetts Convention, in relation to the recent decision of Congress, as to the seat of Government, observed : — " I thank you, my dear Sir, for your obliging congratu lations on the event, towards effecting which, your aid as a joint laborer was so essential. I hope, experience may show, that while it promotes the interest of this place, it will not be incompatible with pubhc good. We are mak ing efforts to prepare handsome accommodations for the session of the New Congress, " On the subject of Vice-President, my ideas have con curred with yours, and I believe Mr, Adams will have the votes of this State, He will certainly, I think, be prefer red to the other gentleman. Yet, certainly is perhaps too strong a word, I can conceive, that the other, who is supposed to be a more pliable man,* may command Anti- Federal influence, " The only hesitation in my mind, with regard to Mr. Adams, has arisen within a day or two, from a suggestion, by a particular gentleman, that he is unfriendly in his sentiments to General Washington. Richard H. Lee, who will probably, as rumor now runs, come from Vir ginia, is also in this style. The Lees, and Adamses, have been in the habit of uniting ; and, hence, may spring up a cabal very embarrassing to the Executive, and of course, * Hancock. iET. 81.] HAMILTON. 563 to the administration of the Government. Consider this, sound the reality of it, and let me hear from you. What think you of Lincoln or Knox ? This is a flying thought." "Mr. Adams," Sedgwick answered, "was formerly infinitely more democratical than at present, and possess ing that jealousy which always accompanied such a cjjiar- acter, he was averse to repose such unlimited confidence in the Commander-in-chief, as then was the disposition of Congress, Mr, Adams is not among the number of my particular friends, but, as a man of unconquerable intre pidity, and of incorruptible integrity, as greatly experi enced in the interests and character of this country, he possesses my highest esteem, * * * The minds of all men here, seem to be fixed either on Adams, or Han cock." Inquiries were made and assurances given, that Adams would strenuously oppose the calling a Second Convention, and that his policy as to the establishment and credit of the Government, were opposite those of Richard Henry Lee, " A greater knowledge of the world," it was hoped, " had cured him of his old party prej udices," and the effect of disappointment in rendering him, if not hostile, lukewarm to the Constitution, it was feared, " would throw a pernicious weight in the Anti-Fed eral scale," * On these grounds the Southern States were urged to unite in his support. Madison writing to Jefferson, observes, " South Caro hna may think of Mr. Rutledge, The only candidates in the Northern States, brought forward with their known consent, are Hancock and Adams ; and, between these, it seems probable, the question will lie. Both of them are objectionable, and would, I think, be postponed by the general suffrage to several others, if they would accept * WiUiam Duer to Madison. 664 THE EEPUBLIC. [1788 the place. Hancock is weak — ambitious — a courtier of , popularity — given to low intrigue, and lately reunited by a factious friendship with Samuel Adams. John Adams has made himself obnoxious to many, particularly in the Southern States, by the political principles avowed in his boojc. Others, recollecting his cabal, during the war, against General Washington— knowing his extravagant self-importance, and considering his preference of an unprof itable dignity to some place of emolument, better adapted to private fortune, as a proof of his having an eye to the Presidency, conclude that he would not be a very cordial friend to the General, and that an impatient ambition might even intrigue for a premature advancement. The danger would be the greater, if particular factious char acters, as may be the case, should get into the public councils. Adams, it appears, is not unaware of the ob stacles to his wish, and, through a letter to Smith, has thrown out popular sentiments as to the proposed Presi dent." Soon after, Hamilton wrote to Madison : " On the whole, I have concluded to support Adams, though I am not without apprehensions on the score we have conversed about. My principal reasons are these : First. He is a declared partisan of deferring to future experience the expediency of amendments in the system, and (although I do not altogether adopt this sentiment) it is much nearer my own than certain other doctrines. Secondly. He is certainly a character of importance in the Eastern States; if he is not Vice-President, one of two worse things will be likely to happen. Either he must be nominated to some important office, for which he is less proper, or will become a malcontent, and give additional weight to the opposition to the Government, As to Knox, I cannot persuade myself that he will incline to the appointment. iET. 31.] HAMILTON. 665 He must sacrifice emolument by it, which must, of neces sity be a primary object with him. If it should be thought expedient to endeavor to unite in a particular character, there is a danger of a different kind to which we must not be inattentive — the possibihty of rendering it doubtful, who is appointed President, You know, the Constitution has not provided the means of distinguishing, in certain cases, and it would be disagreeable, even, to have a man treading close upon the heels of the person, we wish, as President. May not the malignity of the opposition be, in some circumstances, exhibited, even, against him ? Of all this, we shall best judge, when we know who are our Electors ; and, we must, in our different circles, take our measures accordingly, I should console myself for what you mention respecting yourself, from a desire to see you in one of the Executive departments, did I not perceive, the representation will be defective in characters of a certain description, Wilson is, evidently, out of the ques tion. King tells me, he does not beheve he will be elected into either House. Gouverneur Morris set out to-day for France. If you are not in one of the branches, the Gov ernment may sincerely feel the want of men, who unite to zeal, all the requisite qualifications for parrying the machinations of its enemies. Might I advise, it would be, that you bend your course for Virginia. Affectionately yours." * While this selection remained in suspense, the oppo nents of the Constitution brought forward Clinton, as a candidate ; without hope of success, but, as a mean of rallying their party, and establishing a systematic opposi tion. All other considerations, in the minds of the support- * Hamilton's Works, i. 488. Nov. 23, 1788 666 THE EEPUBLIC. [1788. ers of the Government, yielded to the necessity of de feating their attempt ; and, Adams received the cordial support of those, who, under other circumstances, would have opposed him. The state of this question is shown in the following letter from Hamilton : " I thank you for your two letters of the fourth and seventh instant, which arrived here during my absence at Albany, from which* place I have but recently returned. I believe you may be perfectly tranquil on the subject of Mr, Adams' election. It seems to be certain, that all the middle States will vote for him to Delaware inclusive ly, and probably, Maryland, " In the South, there are no candidates thought of, but Rutledge, and Clinton. The latter will have the votes of Virginia, and it is possible, some in South Carolina. Mary land will certainly not vote for Clinton ; and New York, from our Legislature having by their contentions let slip the day, will not vote at all. For the last circumstance, I am not sorry, as the most we could hope, would be to balance accounts, and do no harm. The Anti-Federalists inchne to an appointment, notwithstanding ; but, I dis courage it with the Federalists. " Under these circumstances, I see not how any per son can come near Mr. Adams, that is, tAking for granted, that he will unite the votes in New Hampshire and Mas sachusetts. I expect, that the Federal votes in Virginia, if any, will be in favor of Adams, * * * * -X- ¦» -if- " On many accounts, indeed, it appears to be impor tant, that there should be an appearance of zeal and punc tuality, in coming forward to set the Government in motion, "I shall learn, with infinite pleasure, that you are a Representative. As to me, this will not be the case ; I ^T. 81.] HAMILTON. 567 believe, from my own disinclination to the thing. We shall, however, I flatter myself, have a couple of Feder alists." In the first canvass, under the present Government, it was of the greatest importance to guard -against any in trigue of its adversaries, by which Adams might compete with Washington. This was the more necessary, as the Anti-Federalists, to secure Clinton's election, as Vice-Pres ident, declared, that they would unite their votes upon Adams ; the object of this declaration being, to divert the vote of New England from Adams to Chnton, under the apprehension, that their vote might defeat the election of Washington. To prevent this, as he had previously inti mated would be expedient, Hamilton exerted his influence with his friends. This precaution gave dire offence to Adams ; and excited a rancor in his breast against the authors of it, which was only smothered for a time.* '* In the life of Acjams, by C. F. Adams, the course pursued, whoUy for getful of the great motive, is caUed " a refinement of poUcy " — and the " mode ' used, is caUed " clandestine ; " and said to be " ominous of imperfect faith." It is to be recollected, that there had been, and there was, no nomination of Adams by any party or body of men ; aud there could be no " imperfect faith," because there had been no faith pledged by any person, or to any person or persons. The question was entirely open. As to the mode, how any co-opera tion for so important an object — the placing the election of Washington beyond aU hazard — could be otherwise than by a correspondence between leading in dividuals, it is as diflicult to conceive ; as it is to imagine, why it should be pro nounced " clandestine.'' In respect to so immense a question, as the successful initiation of a government, would a public appeal have been safe ? Upon what principle would it have been proper or neccessary, or decorous ? At a late period of his hfe, Adams wrote : " Hamflton caused it to be propagated in the Northern States, that Virginia would not vote for Washing ton, and, in the Southern States, that New England would not vote for Wash ington ; or, at least, that their votes would not be unanimous, at the same time, that there was great probabUify there would be a unanimous vote for Adams ; and, that, therefore, the Electors must throw away so many of their 568 THE EEPUBLIC. [1789. The reply of Colonel Wadsworth to a letter of Ham ilton, states, that Connecticut had " given her vote agree ably to his wishes," being a full vote for Washington, and two less, for Adams. Maryland threw away her votes on Colonel Harrison, and South Carolina on Rutledge. From the same commanding motive, other States pursued a similar course. The only votes for Adams, south of Pennsylvania, were five from Virginia.f The elections having been held in all the States which had adopted the Constitution, with the exception of New York, the Congress of the United States ought to have assembled on the first Wednesday of March, seventeen hundred and eighty-nine. But the habitual inattention which marked the con duct of the Delegates, under the Confederacy, who still continued to meet, was manifested on this occasion. Notwithstanding the urgent motives to an early action of the new Government, a House of Representatives was not formed until the first, nor a Senate convened until the sixth of April, two successive circulars having been addressed by eight Senators, earnestly urging the attendance of the residue. Upon a canvass of the returns from the Electoral Colleges, Washington had sixty-nine votes ; Adams thirty- four. Thus, there was a unanimous voice for the first ; and less than half the votes for the second officer of the National Government, After receiving every tribute of public affection and respect, on his route from Mount Vernon ; the President arrived at New York, on the twenty-third of April, There, the religious character, which still marks that benevolent votes, that Adams could not have a majority, and, consequently, could not be President," ! ! ! — John Adams' Works, vi. 543. f Clinton received three of her votes. JiT. 32.] HAMILTON. 569 and intelligent community, was shown. In the morning of the thirtieth — the day appointed for his inauguration — every Church in the city was to be seen, filled with its congregation, offering prayers for the success of the new Government, and the welfare of its head. A procession was then formed to attend the President from his residence to the hall of Congress, Standing upon its elevated balcony, in presence of a multitude, in creased by inhabitants from the adjacent States, he took the oath of office — administered to him, by the Chancellor of the State of New York, At this interesting scene, Hamilton was present. He now saw the accomplishment of the arduous efforts of many anxious years — the organization of the Government being completed — by the inauguration of Washington, as President of the Republic. NOTES TO VOL. III. NOTE TO PAGE 28. In part of a former work, there is an error. The person there mentioned, as being a member of the Legislature, was not so. The acts there referred to, were passed May 12, 17S4. The City of New York was evacuated, Novem ber 25, 1783 ; and A. B. was elected in AprU, 1784, tho regular annual elec tion. The author of that work, was not then aware, as is stated in the text of the present work, that there was a special election in January, 1784, so soon after the evacuation of the city ; but erroneously supposed, that the Legisla ture which passed these acts was that elected in April, 1784, of which A. B. was a member. Subsequent access to the Journal of the Legislature has enabled him to make the correction, which has been made. NOTE TO PAGE 347. Ou referring to the printed Journal, it will be seen that the amendment mentioned by Jefferson does not appear. The precision of this statement can leave no doubt, either that he personaUy derived it from the Journal, or from a person who had access to it. The Journal, as printed, was compiled by John Q. Adams, then Secretary of State, under a resolution of Congress of the 27th of March, 1818. It was, by the last act of the Federal Convention, de posited with General Washington, to be retained by him, subject to the order of Congress. On the 19th March, 1796, he deposited in the State Department aU the papers of the Federal Convention in his charge, Mr. Pickering then being Secretary of State. He was succeeded by John Marshall, and MarshaU by Madison. Mr. Adams addressed Madison this letter : " DBPAETirENT OF STATE, WdsMngton, 22 Oct., 1818. " A resolution of Congress of 27 March last, directs the publication of the Journal of the Convention -which formed the present Constitution of the United ii NOTES. States, now remaining in this ofice, and aU acts and proceedings of the Con vention which are in the possession of the United States. " On the 19th March, 1796, there were deposited in this oflice, by' Presi dent Washington, a volume in manuscript containing the Journal of the pro ceedings of the Convention ; a second volume, containing their proceedings in committee of the whole ; a third volume, contaiaing Usts of yeas aud nays on various questions ; and nine separate papers, two of which are copies of reso lutions submitted by Mr. Eandolph, aud discussed in Convention ; one is a printed draft of the Constitution as reported, with manuseript minutes of amendments to it, adopted after debate, and the rest are papers of little or no consequence. " These are all the documents possessed by the government, coming -with in the scope of the resolution of Congress at their last session. General Bloom- field transmitted to me, in the month of May last, several papers relating to the proceedings of the Convention, which had come into his hands, as executor to Mr. Brearly, one of its members. Among them are copies of propositions ofiered on the 15th of June, 1787, by Mr. Patterson, and a plan of Constitu tion offered by Colonel Hamilton. " Mr. Patterson's propositions are noticed in the Journal of the 15th of June, but I find throughout the Journal no mention made of the plan of Col. Hamilton. The Journal does mention a plan of Constitution offered by Mr. Charles Pinckney, which appeared to have been taken into consideration, hut of which there is no copy in possession of the government. " The volume containing the Journal of the Convention is incomplete. The second closes with the proceedings of Friday, 14th Sept., 1787. Those of Saturday, the 15th, and of Monday, the 17th, the day of final adjournment, are not entered in the book, whioh, if pubhshed in its present condition, wiU be a fragment. I have -m-itten to Major Jackson, the Secretary of the Con vention, to inquire if he could furnish the means of supplying the deficiency. He answers that he cannot. The chasm is remarkable, as the adjournment on the 14th leaves a debate unfinished and to be resumed. There was even a part of the proceedings of Saturday, the 15th, which is crossed out, upon the book. " Under these circumstances, the President has directed me to -write to you and inquire, if you can, without inconvenience, furnish the means of complet ing the Journal by a note which may indicate the transactions of the Conven tion on the last two days of the session ; and if you have any additional docu ments relating to the proceedings of the Convention, whioh you think might be useful to add to the pubUcation directed by Congress, and which you would have the goodness to communicate for that purpose." NOTES. iii Reply of Madison. " MONTPELIEK, No-V. 2,1818. " SiK, " I have received your letter of the 22d ult., and enclose such extracts from my notes relating to tho two last days of the Convention, as may fill the chasm in the Jom-nal, according to the mode in which the proceedings are recorded. " Col. HamUton did not propose in the Convention any plan of Constitution. He had sketched an outline whioh he read as part of a speech, obser^g, that he did not mean it as a proposition, hut only to give a more correct view of his ideas. " Mr. Patterson regularly proposed a plan which was discussed and voted on. I do not find the plan of Charles Pinckney among my papers. I tender you, sir, assurances of my great respect and esteem." J. Q. Adams to Madison. " 'WissrsBTom 1 June, 1S19. "Deak Sm,— " In a letter which I had the honor to receive from you last November, you observed, in relation to a plan of government offered by Col. Hamilton to the Federal Convention, 1787, that it was not formally presented as a plan to be debated, but read by him, iu the course of a speech. Could you favor me so far as to inform me of the day upon which that speech was delivered, and the question or subject in debate which gave occasion to it ? My motive for the inquiry is, that as it is to be pubUshed "with the Journal of the Convention, it seems proper that it should be printed -with reference to the time and occa sion upon which it was nresented." J. Q. Adams to Madison. " Washington, 13 June, 1819. " It appears by the Journal that on the 12th of Sept. a revised draught of the plan of the Convention was brought in by a Committee of Revision, con sisting of five members. It was printed and copies of it were distributed to the members on the 13th. It was theu taken up, coUated Tvith the previous draught, and the proceedings of the Convention upon it, corrected and amend ed. This is the only entry concerning it made on the Journal, but from the Ust of yeas and nays, of which I now take the liberty to enclose to you, it is apparent that many very important amendments were proposed, some of which were adopted, and others rejected, upon questions taken by ayes and nays in the process of preparing the revised draught for signature. •' The enclosed list is an exact copy of that in the Department, referring to the period of the proceedings of the Convention. Some of the questions are iv NOTES. entered on the list, but many others are omitted, the ayes and nays appearing to have been taken, but the question upon which being left in blank. By re currence to the alterations of the revised draught, I have been able to ascertaui some of them, but of many rejected propositions I have no clue that would enable me to trace the quesdous. " The favor I have to ask you is, as far as your minutes or documents or recollections may enable you, to fiU up the blanks of the questions in the en closed list. I received your favor in answer to my question concerning Colonel Hamilton's plan, for which I pray you to accept my thanks, and add at the same time the renewed tender of my perfect respect and attachment." /. Q. Adams to Madison. " Washikgion-, 21 June, 1820. " I have had the pleasm-e of receiving your letter of the 13th instant. The error in the printed Journal of the Convention by which the motion on the 7th Sept. for the estabhshment of a CouucU of State is ascribed to you, is in the original list of ayes and noes, taken at the time by th£ Secretary, who probably in the hurry of -writing made the mistake whioh you suggest of your name instead of that of Mr. Mason.* " I am apprehensive that upon examination of the volume you "wiU find many other errors and inaccuracies, some of which may be traceable to the same source as this, aud the others to the imperfections of aU the assiduity ¦with which it was my intention to exhibit all the evidence that did exist at this Department of the proceedings of the Convention. If -without intruding too much on your leisure, I could take the Hberty of requesting, that you would take the trouble to examine the volume throughout, and to minute aU the passages which your recoUection or your notes would detect are errors, it would confer a new aud valuable obhgation upon . . . aud might enable to correct hereafter the misappreJiensions which may have crept into the com pilation from the manner in which the materials for it were necessarUy col lected and arranged." * Journal, p. 340, Sept. 7, 17S7. — " It vras moved by Mr. Madison, and seconded, to postpone the consideration of tlie fourth section of the report, ia order to take up the following ; " ' That it be an instruction to the Committee of the States to prepare a clanse or clauses for establishing an Executive Council, or a CouncU of State, for the President of the United States, to consist of sis members, two of which from the Eastern, two from the Middle, and two from the Southern States, "with a rotation and duration of otfice, similar to that of the Senate ; such Council to bo appointed by the Legislature or by tho Senate.' " Teas— Maryland, South Carolina, Georgia. Nays— Eight States. E UNIVERSITY LIBRARY 3 9002 02961 0590 ¦ •J.f-' ^^ l!-!>~'fel m SKlf M '¦'i-;'^ ,. .. ¦ "i!^