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YALE UNIVERSITY
LIBRARY

THE

LIFE

ALEXANDER HAMILTON.

BY HIS SON

JOHN C. HAMILTON.
"I

 genus unde Latinum
Albanique patres, atque alta mcenia Romae.

VOL. II.

NEW-YORK:
D. APPLETON & CO., 200 BROADWAY-
1840.

Entered according to Act of Congress, in the year 1840, by John C. Hamilton,
in the Office of the Clerk of the Southern District of New-York.

University Press.
JOHN F. TROW, PRINTER,
114 Nassau-stieet.

^.^"^

CONTENTS

SECOND VOLUME.

CHAPTER XVI.
Laurens to Hamilton — Letters to De Noailles, La Fayette, and Greene —
Inactivity of preceding Congress — Public Lands — Protest of Virginia — Public
Distresses — Congress of 1782-3 — Its Leading Members — Hamilton confers
with Legislature of Peimsylvania — Discontents of the Army — Letter to
Rhode Island — Report by Hamilton vu'ging a National Revenue — Sinking
Fund — Continental Money — Proceedings thereon — Army Memorial — Ham.
ilton's Report thereon-^His Resolution for a Revenue to be collected by Con
gress — Pledges to provide Revenues to Fund the Debt — Valuation of Lands
— Advises Washington as to Army — Letter to Clinton — Hamilton urges that
doors of Congress be opened — ^Washington to Hamilton — Armstrong's Ad
dress — Letter from Washington — Hamilton's Reply — Meeting of Ofiieers —
Washington's Address — Letter from Gates— Commendation of Washington
— Hamilton suggests a Solid Union — ^Washington's Reply — ^Vote of Half-
Pay  p. 1
CHAPTER XVII.
Intelligence of Peace — Early Negotiations with France — Treaty of AUi.
ance — Instructions to Adams and Franklin — Ultimata as to Great Britain —
Memorials of Gerard — Terms as to Spain — Adams desires to treat with
England^^Repressed by Vergennes — Jay's Despatches — Instructions to in.
sist on Navigation of Mississippi — Madison enters Congress — French Influ-
ence — Invasion of Virginia — Flight of Jefferson — Capture of Richmond —
Second Flight of Jefferson — Resolutions as to Mississippi — Memorial of La
Lu2eme to Congress — Pretensions of Spain — Madison's Instructions to

IV CONTENTS.
Jay— Spain refuses Aids— Conference of La Luzerne with Congress-
Subsidy of France— Instructions to accept the Mediation of Russia-
Instructions submitting Terms of Treaty with England to control of
France — Madison proposes Grant of Power to exert Force against De.
linquent States — Hamilton's Objections — Madiapn's Instructions to Adaras
— His Commission revoked — Adams's Mission to HoUand — ^Writes to Rus
sia — Denmark and Sweden — Vergennes suggests another Minister — Adams
proceeds to Paris — Retums to Amsterdam — His Memorial and Letter to
Congress — Dana's Mission to Russia — Hamilton advises temporary Treaty
with Russia — Recommends a Neutral PoUcy — Terms of Treaty with Eng
land — Letter of Marbois — Overtures of England — Missions of Hartley, Os.
wald, Grenville — Jay disapproves Instructions — Repairs to Paris — Confer.
ences — Concludes a Provisional Treaty — Conferences with D'Aranda — Re.
port of R. R. Livingston on the Negotiation — Censure Proposed — Supported
by Madison — Resisted — Hamilton's Encomium on Negotiation — Deprecates
Foreign Influence  p. 80
CHAPTER XVIII.
Half.Pay — Hamilton's Correspondence with Washington — Army Claims
. — Parties in Congress — Substantial Funds — Hamilton to Washington as to
Execution of Treaty — Reply — Army Claims — Hamilton advises a National
Marine and National Coinage — Proceedings as to Revenue — Proposed Taxes
— Hamilton condemns Arbitrary Assessments — Report as to Revenue — Ham.
ilton's Substitute — Ratio of Contribution — Hamilton to Clinton — Morris re.
solves to resign — Consents to continue in Office — HamUton's Report as to
Invalid Corps — His Resolutions as to Army — Remonstrance to British Gov
emment — Removal of Obstructions to the Treaty — Hamilton to CUnton —
Controversy with Vermont — HamUton to Clinton — Reports Plan Quarter.
master-General's Department — Plan regulating Intercourse with Indians —
Plan of State Department and Plan of Peace EstabUshment — MUitia System
— Garrisoning Frontier Posts — Letter to Clinton — Urges Humanity to In.
dians — Mutiny at Philadelphia — His Views of it — Congress adjoum to
Princeton — HamUton's Policy and Opinions — ^His Resolutions recommend.
ing a New Constitution and a General Convention  p. 154
CHAPTER XIX.
Journey to Albany— Return to New- York— Letters of McHenry and Jay
— Commences the Profession of the Law — Important Argument  Proceed
ings of New- York Legislature — Persecution of British Adherents— Election in
New-York- Burr and Clinton— Hamilton resists a violent PoUcy, and sus.
tains the Treaty— Publishes Essays of Phocion— Lenient Counsels prevail—
Forms Plan of a Bank — Manumission of Slaves  p 339

CONTENTS.

CHAPTER XX.
Foreign PoUcy of United States — HamUton's Views — Terms of Inter
course with EngUsh Dominions — Her policy — Congress of 1783, 1784 — Jef
ferson's Report on Revenue — Govemment of Westem Territory — ^Jefferson
contemplates a Mission to Europe — Frames a Report on a System of Trea
ties — Jefferson appointed Commissioner — Resolution of Massachusetts — ^Jay
elected Secretary of Foreign Affairs — Military Force reduced — Committee
of States — Congress of 1784-5 — Territorial Disputes — Proceedings of Com.
missioners at Paris — Jefferson's Negotiations with France — Advice as to
French Debt — Consular Convention — Mission of Gardoqui — Negotiations
with Spain — The Mississippi — British Policy — Embassy of Adams to Lon.
don — His Opinions — Dissatisfaction and Retum — Jefferson's Opinions —
Hamilton's Views of American PoUey  p. 282
CHAPTER XXI.
Domestic Condition of United States — Cincinnati — HamUton Recommends
Abolition of its Hereditary Principle — Proclamations of England — Retalia.
tory PoUcy of States — Hancock — Bowdoin recommends a General Conven.
tion — Objections of Massachusetts Delegates — Commercial Policy of New-
York — Hamilton urges Enlargement of Powers of Congress to regulate
Trade — Distresses of New-England — Insurrections of JVIeissachusetts and
New-Hampshire — Virginia proposes a Commercial Convention — Meeting at
Annapolis — Address by Hamilton  .'  p. 339
CHAPTER XXII.
Congress of 1785-6 — Appeal to New- York — Conduct of Clinton — Hamil
ton in New- York Legislature — Prepares Address — Speech on it — Speech on
Act repealing Laws inconsistent with the Treaty — National and State Par
ties — His Remarks on the Election Law — Test Oaths — Legislative Restric
tions — Frames a System of State Taxation — PoUcv as to Poorer Classes —
Law for CoUection of Small Debts — Bankrupt Act — Criminal Jurisprudence
-^^System of PubUc Instruction — Speech on the Impost — Speech on Inde
pendence of Vermont  p. 381
CHAPTER XXIII.
Congress of 1786-7 — Objections to proposed Convention — Hamilton
urges Congress to recommend it — His Resolution to appoint Delegates
to the Federal Convention — Appointed one of them — DecUnes a Re-elec
tion to the Legislature — Appointments by the States to the Convention —

VI CONTENTS.
Sketch of American Confederacies— State Constitution*— Opinions of Jay,
Madison, Hamilton, and Washington, on New Organization of Govemment
—General Convention meets— Their Rules— Resolutions of Randolph and
Pinckney— Debates on them— Constitution ofthe Legislative Department-
Madison and Randolph in favour of a Plural Executive— Hamilton's Views
—Council of Revision— Jersey Plan— Comparative Views of Hamilton and
Madison— Lansing's and Patterson's Remarks — Brief of Hamilton's Speech
— His Plan of Government  P- 448
CHAPTER XXIV.
Debates on Randolph's Resolutions — Hamilton to Washington — His Re
ply — Lansing and Yates leave the Convention — PoUcy of CUnton — Hamil.
ton's Appeal to the People — Discussion of proposed Compromise — Project
of Tories as to Bishop of Osnaburgh — ^Hamilton to King — Invites Lansing
and Yates to retum to the Convention — Proceedings of it — Committee of
Revisal — Hamilton signs the Constitution — His Opinions of Government-
Proposes a President for Three Years in a Second Plan of a Constitution—
His Views of the British Government — Comments on the Constitution of the
United States — Future Prospects — Urges its Adoption as the best that could
be obtained  p. 508

inr J. C. Journals of Congress.
S. J. Secret Joumals.
D. C. Diplomatic Correspondence.

THE LIFE

ALEXANDER HAMILTON.

CHAPTER XVI.
[1782.]
The War of the Revolution, as a scene of military
movements, fades into insignificance before the conflicts
of the ftlder Nations of the earth.
It is as a war of Opinion — as the beginning of that
great experiment in modern times, whether men are capa
ble of self-government — that it assumes its immeasurable
importance. A new World is seen rising into view — a World of
Hope ; and as the great lights that shone upon its morning
path of advancing glory appear, the grateful inquiry is —
Whoso were those superior minds that, amid the dark
ness of a chaotic confederacy, combined the elements
of Social order, and formed them into a vast majestic
Empire ?
The Wealth of Nations is their illustrious few.

X THE LIFE OF
While Hamilton, at the head of his corps, was approach
ing York Town, letters were addressed to him urging his
acceptance of a seat in congress. But it was possible
that his services in the field might yet be required, and he
was unwilling to retire from the army.
" I would not wish," Laurens wrote, " to have you for
a moment withdrawn from the public service ; at the same
time my friendship for you, and knowle'dge of yoiir value to
the United States, make me most ardently desire that you
should fill only the first offices of the republic. I was flatter
ed with an account of your being elected a delegate from
New- York, and am much mortified not to hear it confirmed
by yourself. I must confess to you, that at the present stage
of the war I should prefer your going into congress, and
from thence becoming a minister plenipotentiary for peace,*
to your remaining in the army, where the dull system of
seniority and the tableau would prevent you from having
the important command to which you are entitled."
As the prospect of peace opened, Hamilton changed his
views, and he took his seat in the great council of the
confederacy, over which he had- hitherto exerted an unac
knowledged influence with much gratification.
The partial success which had attended his efforts, as
continental receiver, to draw out the public resources,
taught him that little was to be expected from domestic
supplies. A loan which he had endeavoured to effect
during his residence at Albany had failed, and he now
looked to France as affording the only hope of relieving
the distresses of the treasury.
* La Fayette, when in Europe, urged the minister of France to use his
influence that HamUton should be sent envoy to London  " I advise you to
take a gentleman who has no connection with the great men in England.
Our friend Hamilton would be a very proper choice. You ought to bring it
about. There are few men so honest and sensible. I hope you may send
Uim. He knows better than all the British councils."

HAMILTON.

That hope was faint. The capture of Cornwallis had
induced her ministry late in the preceding year to make
a new loan, with a view to the recovery of New York
and Charleston ; but they at the same time announced in the
most peremptory manner their determination not to grant
larger aids. Yet there was no other resource ; and under
this conviction he addressed the following letters to De
Nqailles and La Fayette.
" Esteem for your talents and acquirements, is a senti
ment which from my earliest acquaintance with you, my
dear viscount, I have shared in common with all those
who have the happiness of knowing you ; but a better
knowledge of your character has given it in my eyes a
more intrinsic merit, and has attached me to you by a
friendship founded upon qualities as rare as they are esti
mable.- Averse as I am to professions, I cannot forbear
indulging this declaration, to express to you the pleasure
I feel at receiving, after an inexplicable delay, ihe letter
you were so obliging as to write me before your depart
ure from Boston. It was of that kind which is always
produced by those attentions of friends we value, which,
not being invited by circumstances nor necessitated by
the forms of society, bespeak the warmth of the heart ; at
least, my partiality for you makes me fond of viewing it
in this light, and I cherish the opinion.
" I was chagrined to find that you left us with an intention
not to return. Though I should be happy if, by a removal
of the war, this country should cease to be a proper thea
tre for your exertions, yet if it continues to be so, I hope
you will find sufficient motives to change your resolution.
Wherever you are, you will be useful and distinguished ;
but the ardent desire I have of meeting you again, makes
me wish America may be your destination. I would will
ingly do it in France, as you invite me to do ; but the

4 THE LIFE OF
prospect of this is remote. I must make a more solid
establishment here before I can conveniently go abroad.
There is no country I have a greater curiosity to see, or
which I am persuaded would be so interesting to me, as
yours. I should be happy to renew and improve the valu
able acquaintances from thence which this war has given
me an opportunity of making ; and though I would not
flatter myself with deriving any advantage from it, I am
persuaded it is there I should meet with the greatest num
ber of those you describe, who, &c. : but considerations
of primary importance will oblige me to submit to the
mortification of deferring my visit.
" In the mean time, I should be too much the gainer by
a communication with you, not gladly to embrace the off'er
you so politely make for writing to each other.
" The period since you left us has been too barren of
events to enable me to impart any thing worth attention.
The enemy continues in possession of Charleston and
Savannah, and leaves us master of the rest of the country.
It is said the assemblies of the two invaded states are
about meeting to restore the administration of govern
ment. This will be a step to strengthening the hands of
General Greene and counteracting the future intrigues of
the enemy. Many are sanguine in believing that all the
southern posts will be evacuated, and that a fleet of trans
ports is actually gone to bring the garrisons away ; for
my part, I have doubts upon the subject. My politics are,
that while the present ministry can maintain their seats
and procure supplies, they will prosecute the war on the
mere chance of events ; and that whilte this is the plan, they
will not evacuate posts so essential as points of departure,
from whence, on any favourable turn of affairs, to renew
their attack on our most vulnerable side ; nor would they
relinquish objects that would be so useful to them, should
the worst happen in a final negotiation. Clinton, it is

HAMILTON. 6
said, is cutting a canal across New- York island, through
the low ground about a mile and a half from the city.
This will be an additional obstacle ; but if we have other
wise the necessary means to operate, it will not be an in
surmountable one. I do not hear that he is constructing
any other new works of consequence. Tb you who are so
thoroughly acquainted with the military posture of things
in this country, I need not say that the activity of the next
campaign must absolutely depend on effectual succours
from France. I am convinced we shall have a powerful
advocate in you. La Fayette, we know, will bring the
whole house with him if he can.
" There has been no material change in our internal situa
tion since you left us. The capital successes we have had,
have served rather to increase the hopes than the exertions
of the particular states. But in one respect we are in a
mending way. Our financier has hitherto conducted him
self with great ability, has acquired an entire personal
confidence, revived in some measure the public credit, and
is conciliating fast the support of the moneyed men.
" His operations have hitherto hinged chiefly on the sea
sonable aids from your country ; but he is urging the es
tablishment of permanent funds among ourselves; and
though, from the nature and temper of our governments,
his applications will meet with a dilatory compliance, it is
to be hoped they will by degrees succeed. The institution
of a bank has been very serviceable to him. The com
mercial interest, finding great advantages in it, and antici
pating much greater, is disposed to promote the plan ; and
nothing but moderate funds, permanently pledged for the
security of lenders, is wanting to make it an engine of the
most extensive and solid utility.
" By the last advices, there is reason to believe the delin
quent states will shortly comply with the requisition of
congress for a duty on our imports. This will be a great

6 TIIELIFEOF
resource to Mr. Morris, but it will not alone be suffix
cient. " Upon the whole, however, if the war continues another
year, it will be necessary that congress should again recur
to the generosity of France for pecuniary assistance. The
plans of the financier cannot be so matured as to enable
us by any possibility to dispense with this ; and if he should
fail for want of support, we must replunge into that con
fusion and distress which had like to have proved fatal to
us, and out of which we are slowly emerging. The cure
in a relapse would be infinitely more difficult than ever.
" I have given you an uninteresting but a faithful sketch
of our situation. You may expect from time to time to
receive from me the progress of our affairs, and I know
you will overpay me."
La Fayette, who married a sister of De Noailles, had
recently returned to France. Hamilton wrote his friend : —
" I have been employed for the last ten months in rocking
the cradle and studying the art of fleecing my neighbours.
I am now a grave counsellor at law, and shall soon be
a grave member of congress. I am going to throw
away a few months more in public life, and then I re
tire a simple citizen and good pater familias. You see
the disposition I am in. You are condemned to run the
race of ambition all your life ; I am already tired of the
career, and dare to leave it. You tell me they are employ
ed in building a peace, and other accounts say it is nearly
finished. It is necessary for America, especially if your
army is taken from us. That was an essential point d'ap-
pui. The money was the primum mobile of our finances,
which must now lose the little activity lately given them.
Our trade is prodigiously cramped. These states are in
no humour for continuing exertions. If the war lasts it
must be carried on by external succours. I make no

HAMILTON. 7
apology for the inertness of the country. I detest it ; but
since it exists, I am sorry to see other resources diminish.
Is there any thing you wish on this side the water?
You know the warmth and sincerity of my attachment.
Command me. Is the worthy Gouvion well ? How is it
with our friend Gimat ? How is it with Du Portail ? All
these are men of merit, and interest my best wishes."
He also addressed a letter to General Greene: — "It is
an age since I have either written to you or received a
line from you, yet I persuade myself you have not been
the less convinced of my affectionate attachment and warm
participation in all those events which have given you that
place in your country's esteem and approbation, which I
have known you to deserve while your enemies and rivals
were most active in sullying your reputation." — " I feel,"
he added, " the deepest affliction at the news we have just
received of the loss of our dear and estimable friend Lau
rens. His career of virtue is at an end. How strangely
are human affairs conducted, that so many excellent quali
ties could not ensure a more happy fate ! The world will
feel the loss of a man who has left few like him behind ;
and America, of a citizen whose heart realized that patri
otism of which others only talk. I shall feel the loss of a
friend I truly and most tenderly loved, and one of a very
small number. I take the liberty to enclose a letter to Mr
Kane, executor to the estate of Mr. Lavine, a half-brother
of mine, who died some time since in South Carolina."
A few days after the date of this letter, congress rose.*
Though among its members there were men of high
personal character and of eminent patriotism, such as Duane
and Hanson, Izard and Middleton, with the exception of
Boudinot, Madison, and Edmund Randolph, there were no
names conspicuous in the after history of their country.
» November 4, 1782.

THE LIFE OF

The executive departments, as Hamilton anticipated when
he suggested them, were introducing system and economy
into the administration ; and thus the annual expenditure,
which had risen to twenty, was reduced to eight millions.
But there was not in the national legislature a single in
dividual who combined the qualities necessary to give to
the public councils the impulse, the direction, and the vigour
which the condition of the country so much demanded.
With repeated and impressive earnestness the superin
tendent of finance is seen exhorting the adoption of meas
ures suited to the exigencies of the period, but no answer
ing voice is heard from congress.
The creation of a currency — the importance of funding
the debt — the utility of loans — the necessity of revenue
supplemental to that to be derived from the impost — of a
land tax, a poll tax, an excise — were all urged by him, but
urged in vain.
The early enthusiasm of the nation had passed away.
The authority of government had not followed : all was
apathy and irresolution, or temporary expedient.
Funds could not indeed be obtained without the sanc
tion of the states ; but the great principles of public faith
might have been enforced. Pledges to fulfil it might have
been given. The people might have been appealed to,
and thus accustomed to the always useful language of truth.
The incorporation of a bank, opposed by Madison from
scruples as to its constitutionality, was the only measure
of relief adopted.
While waiting the concurrence of the states in the grant
of authority to collect an impost, endeavours were made
to induce a cession of the unappropriated lands to the
common treasury.
The disposal of this vast domain had early attracted the
attention of the general legislature.
Assuming that the unappropriated territory had become

HAMILTON. 9
national property, a bounty in the public lands was oflTered,
the second year of the war, as an inducement to enlist.
Averse to this measure, Maryland suggested the substitute
of a money bounty, but the suggestion was not approved.
Two years after, Virginia passed a law opening offices
for the sale of her lands. As her territorial claims were
regarded with much jealousy by the other states, congress
urged her " to forbear."
New-Jersey proposed an amendment to the articles of
the confederation, which, while it admitted the jurisdiction
of each state over the public demesne within its chartered
limits, declared that the crown lands ought to belong to
congress in trust for the United States.
Maryland, when she approved those articles, instructed
her delegates not to ratify them unless the principle was
distinctly admitted of a joint interest of the United States
in this territory. Virginia interposed a remonstrance.
Sensible of the importance of removing this obstacle to
a completion of the confederation. New- York, though one
of the largest claimants, soon after made a cession of her
rights. Congress hastened to avail themselves of this propitious
example ; and having expressly declined a discussion of the
confficting claims, recommended a liberal surrender by the
states, in order to establish the federal union on a perma
nent basis.
They soon after resolved that the ceded lands should be
disposed of for the common benefit, and formed into dis
tinct republican states to become members of the union.
They also declared that the expenses incurred by any par
ticular state in the reduction of any British posts, or in the
defence or acquisition of any part of the ceded territory,
should be reimbursed.
Alive to the importance of completing the articles of
confederation, Maryland, though she still affirmed her title

10 TIIELIFEOF
to a share in the unappropriated lands, at last acceded to
them. Virginia adhered to her original views. A narrow
policy swayed her councils — a policy which, content with
the temporary political importance she conferred on her
public men, left her great resources without culture, and
sacrificed her permanent interests to their speculative
theories. The claims of the whole union were denominated
"aggressions" — aggressions which she ought to be pre
pared to resist. Yielding at last, she made a formal ces
sion of her lands, but clogged with conditions which con
gress pronounced " incompatible with the honour, interest,
and peace of the union." By one of these conditions, a
guarantee of her territory from the Atlantic to the Ohio
was required.
This subject was some time after resumed, and a day
was proposed to consider the western limits beyond which
congress would not extend their guarantee to the particu
lar states, to ascertain what territory belonged to the
United States, and to establish a plan for the disposal of it
in order to discharge the national debts.
The delegates of Virginia, Jones, Madison, and Randolph,
protested. They refused to give evidence of her title, as
New- York had done — stated that congress had recom
mended a " liberal surrender," and to make her acts of ces
sion the basis of a discussion of her rights, was in direct
contravention of that recommendation.*
* Madison wrote to Pendleton ; — " You are not mistaken in your appre
hensions for our western interests. An agrarian law is as much coveted by
the little members of the union, as ever it was by the indigent citizens of
Rome.  We have made every opposition and remonstrance to the conduct
of the committee which the forms of proceedings wiU admit. When a report
is made, we shaU renew our efforts upon more eligible' ground, but with Uttle
hope of arresting any aggression upon Virginia, which depends solely on
the inclination of congress."  -" We are very an.xious to bring the matter to

HAMILTON. 11
Notwithstanding her pertinacity, the utility of the meas
ure was too obvious to permit its being abandoned, and
late in this congressional year a report was made to con
gress, again recommending cessions of these lands as " an
important fund for the discharge of the national debt."
On the final vote, this report was lost by a geographical
division. The states north of the Potomac being unani
mous in favour of it, and the four southem states, with the
exception of two members, opposing it.*
A "Strong indication of the feelings on this subject, was
also given in a vote on the instructions as to the terms of
a treaty with England. On a motion to amend them
so as to require that France should support the territorial
claims of these states, Maryland proposed to insert the
word " united" before the word " states." The proposi
tion was rejected. Thus, from these collisions, all ex
pectation of relief from that great source of wealth was
disappointed. The controversies as to limits between Pennsylvania
and Connecticut, and between New- York and the inhabit
ants of the New-Hampshire grants, now comprised within
Vermont, were also unadjusted. The contentions pro
duced by these controversies extended their influence
to other members of the confederacy, and as the decision
would affect their future political weight, occupied a large
share in their discussions.
A proposal had been made for a requisition to pay the
interest on the liquidated accounts. But the condition of
issue, that the state may know what course their honour and security require
them to take." — Nov. 1781.  'i Considering the extensive interests and
claims which Virginia has, and the enemies and calumnies which these very
claims form against her, she is perhaps under the strongest obUgation of any
state in the Union to preserve her -military contingent on a respectable foot.
ing ; and unhappily her Une is, perhaps, of aU, in the most disgraceful condi
tion." — April, 1782. — Madison Papers, vol. 1, pages 99, 101, 117.
* Ayes — Bland and Izard.

12 TIIELIFEOF
the treasury forbade its adoption ; and notwithstanding the
exertions of the superintendent of finance, congress were
compelled to pass a resolution suspending the payment of
the interest on the loan-office certificates. — The only re
maining vestige of public credit was effaced.
This session, so fruitless in results, at last closed with
another requisition of six millions of dollars for the cur
rent service : again showing the impotence of what Ham
ilton had long since pronounced it — "This futile and
senseless confederation."
The community presented in its private relations a not
less disheartening scene. The waste of war had pro
duced an increased demand for the products of agricul
ture, which in some measure supplied the want of a
foreign market ; and the expenditures of the government
had, during its earlier periods, created a fulness and
rapidity of circulation which bore the semblance of pros
perity. The numbers employed in military service had
also induced an increased demand for labour, so as to
enhance its value. But when the currency depreciated,
and the wants of the government were reduced, when
trade began to be restored to its natural level, and the
enforcement of debts followed, the people awakened from
their illusions ; the tranquillity of society was disturbed,
and it seemed as though a pestilence, as unforeseen as fatal,
was sweeping over the land.
To these evils flowing from the obstruction of industry,
from vitiated unfunded paper emissions, from national
bankruptcy, were added the pernicious consequences of
legislative proscription. It was after a comprehensive
survey of these manifold evils that Hamilton remarked,
" The more I see, the more I find reason for those who
love this country to weep over its blindness."
Various circumstances combined to render the session
"of congress which had just commenced one of the deepest

HAMILTON. 13
interest — the period at which it assembled, the retire
ment of many of the elder members who had previously
directed the public councils, the devolution of these upon
younger men, whose views had not been developed, and
the importance of the topics upon which they were called
to act.
The principal of these were — ^the restoration of the
publie credit by the reduction of the expenditures of
the confederacy, and by the establishment of perma
nent funds for its support, and for the redemption of
the debt ; the adjustment of the terms of peace, and the
conclusion of a treaty with England ; the organization
ofa peace establishment ; and the disbanding ofthe residue
of the army under circumstances of peculiar embarrass
ment. Of the proceedings on these questions, few other memo
rials remain than those which are to be gleaned from the
journals of congress, and such occasional lights as may be
derived from the few letters which have been preserved
relating to this period. Unfortunately for the truth and
for our national fame, no authentic statement of the de
bates exists ; and instead of a sketch of the ardent discus^
sions which took place, and which so much enrich the
contemporaneous history of the British, parliament, a bare
recital of a part of the naked results can only be made.
Yet these are fully deserving attention, as giving a pro
gressive view of Hamilton's opinions and services in the
school which prepared him for his subsequent career, and
as indispensable to the study of American history.
The federal legislature was organized by the election
of Elias Boudinot as president, a delegate from New-Jer-
sey, who had rendered many important services, had made
many sacrifices, and deservedly enjoyed the largest confi
dence. The greatest number of members who attended during

14 TIIELIFEOF
this session did'not exceed thirty ; of these, Witherspoon,
Clymer, Elsworth, McKean, Floyd, and Clark, had been
delegates in seventeen hundred and seventy-six.
The first, a native of Edinburgh and a divine, had ac
quired celebrity from the powerful talent he had evinced
in polemical controversy, had received a finished educa
tion, and was chiefly distinguished for that penetrating
shrewdness and invincible constancy of purpose which
mark the national character of the country of his birth.
Clymer was a merchant of Philadelphia. His known
probity had given him a strong hold on the confidence of
that city. His eminent firmness had recommended him to
the convention of Pennsylvania as a delegate to congress,
when Dickinson refused to sign the Declaration of Inde
pendence, and other members had withdrawn; and thus
his name is signally connected with that imperishable docu
ment. At a later period of the session, Pennsylvania was
also represented by Wilson, a lawyer of a vigorous and
cultivated intellect.
Randolph having retired, was succeeded by Colonel
Bland, who had served with reputation in the army, was a
man of comprehensive and liberal views, and of a probity
unblemished, unsuspected, and unsuspicious. With him
were associated Jones and Lee, Mercer and Madison,
composing the delegation from Virginia. The intimate
connection of the latter with the incidents of this narra
tive, places him so frequently in view, as to supersede the
necessity of delineating a character not easily analyzed.
John Rutledge, regarded by South Carolina as the great
pillar of the revolution in that state, had long presided
over her councils, and brought into this assembly all the
weight of an established reputation, the influence of in
flexible determination, great experience, high eloquence.
Oliver Elsworth soon after took his seat, first among the
patriots whom Connecticut boasts. He had early acquired

HAMILTON. 15
much reputation at the bar for his accurate and extensive
professional attainments, and a practical sagacity, which,
after long service, was matured into a high civil prudence.
Relying on the justness of his own intellect, he did not
often seek the conffict of debate ; but when an exertion
was least anticipated, by the union of strength with con
summate skill, he rarely failed to triumph over the adverse
party. With these able men Hamilton was now associated.
To prepare him for the high office to which he was des
tined, no individual could have been placed in more aus
picious circumstances. As the youthful champion of
popular rights against the advocates of arbitrary power,
his mind was early conversant with all the great fimda
mental principles of civil liberty. Mingling with the peo
ple at the outbreak of the revolution, he entered intimately
into all their sympathies, and saw and measured the con
flicting forces of reason and passion on masses of men,
and learned to give to each its due weight and value.
In the commission which he held during the campaign
of seventeen hundred and seventy-six, he was taught, in a
most active and arduous service with the untrained and
ill-supplied levies of an Jirmy little organized, the impor
tant lessons of self-dependence and self-command, and
witnessed all the resource and elasticity, endurance and
confidence, of the American character.
As the confidential aid of the commander-in-chief, his
illustrious friend, every object was placed before him on
the largest scale. He looked upon the country as from an
eminence, and was enabled to survey it in all its bearings,
and to collect all the lights of the vast panorama.
Intimate with all the inmost councils of his chief, parti
cipating in all his hopes and fears, he was there not only
to suggest, to concert, to compare, to arrange with him
the measures that were resolved, but was in their constant

16 THE LIFE OF
administration. Hence, each day he was called to think
for the morrow, and each hour learned some lesson of
practical wisdom. Plans and results in their instructive
march passed before him in rapid succession. His salient
genius was forever in motion, and he was forever under
the pressure of responsibility.
The correspondence with the states and with congress
informed him of the complexity and defects of the several
systems, each askjng and each denying aid to their mutual
infantile dependence.
His foreign birth was a public advantage. It left him
free from all the local prejudices which infect and are the
bane of a confederacy. His strong vision was obstructed
by nothing artificial ; and when contending for the com
mon cause of liberty, he felt that he was contending for a
Nation of freemen. The states were mere political ex
istences, which might vanish in a moment. He allied all
his thoughts and directed all his acts to one great, and, as
he hoped, enduring entity — the whole people of the United
States. It was to forward this great purpose, to form " of many
one nation," that he accepted a place in the public councils;
and while his best efiforts were exerted to meet present
exigencies, the mode in which he met them, shows that he
was ever intent upon the great purpose of securing to
them the blessings of liberty in the establishment, by them
selves, of a balanced constitution of government.
Of the distinctive features of that commanding and
winning eloquence, the wonder and the delight of friend
and foe, but of which no perfect reports are preserved, a
delineation will not now be attempted.
It suffices here to observe how deeply his modes of
thinking imparted to the proceedings of this body a new
tone and character. And those who remark in these pages
the sentiments with which he regarded the demands of the

HAMILTON. 17
army, how solemn his respect for the requirements of jus
tice, how incessant and undespairing his efforts to fulfil
them, can best image to themselves with what living touches
and thrilling appeals he called up before this senate their
accumulated wrongs, and with what deep emotions and
almost holy zeal he urged, he enforced, he implored, with
all the ardour of his bold and generous nature, an honest
fulfilment of the obligations to public faith.
Ofthe estimation in which he was early held, these facts
recently known give strong evidence. He was earnestly
recommended by Greene and La Fayette to the important
commission of adjutant-general ; and when the station in
the country of highest tnist and widest influences, next to
that of the commander-in-chief, the superintendence of
the finances, was first to be filled, he was in view.
General Sullivan, a delegate from New-Hampshire, was
answered by Washington in these terms : — " The measure
adopted by congress of appointing ministers of war, finance,
and for foreign affairs, I think a very wise one. To give
efficacy to it, proper characters will, no doubt, be chosen
to conduct the business of these departments. How far
Colonel Hamilton, of whom you ask my opinion as a finan
cier, has turned his thoughts to that particular study, I am
unable to answer, because I never entered upon a discus
sion upon this point with him. But this I can venture to
advance from a thorough knowledge of him, that there are
few men to be found, of his age, who have a more general
knowledge than he possesses ; and none, whose soul is
more firmly engaged in the cause, or who exceeds him in
probity and sterling virtue."*
Although the greater number of the members of con
gress had assembled at the opening of the session on the
* SuUivan replied : " I am glad to find that you entertain the same senti
ments of the virtues and abiUties of Colonel HamUton as I have ever done
myself. After I wrote, I found the eyes of congress turned upon Robert
3

18 THE LIFE OF
fourth of November,* yet, with the exception of the discus
sion of a proposition to quiet the long-pending controversy
between New-York and Vermont, no topic of permanent
interest occupied their deliberations until after the arrival
of Hamilton, who took his seat on the twenty-fifth of that
month. During the following week, having in view an efficient
system of finance, he is seen uniting in a motion to post
pone a proposed provision for certain temporary corps of
the army ; recommending as chairman of the army commit
tee, in order to reduce the expenditure, the substitution of
a specified allowance in money for the stipulated rations ;
and reporting a resolution dissuading any relief to the
foreign officers then in the service, (a class of meritorious
individuals, whose situation he declared involved a pecu
liar hardship, and required, if possible, some discrimination
in their favour,) lest, in the embarrassed state of the finan
ces, it might derange the general plans of the superintendent
of finance, to whose discretion they were referred.
Memorials from the legislature of Pennsylvania, which
had been laid before congress, but had not been acted
upon, presented to them a subject of great delicacy and
magnitude. That state had late in the preceding summerf complained,
as a serious grievance, of the inability of its citizens to
settle their accounts with the United States, of the non
payment of the debts due to them by the public, and of
the suspension of the interest on certain classes of certifi
cates. Expressing an apprehension that this suspension
would be extended farther, she represented that other
states were making provision for the liquidation and pay
ment of the debts due to their citizens ; that the collection
Morris as financier ; I did not therefore nominate Colonel HamUton, as I
foresaw it would be a vain attempt."
* 1782. t Auguat 28, 1782.

HAMILTON. 19
of taxes was impeded ; and urged that a general plan
should be devised for settling the unliquidated debts of the
United States, for paying them or a part of them, and
also for the regular and punctual discharge of the interest
on all the public debts, until the principal should be finally
discharged. These views were again enforced upon con
gress in a recent memorial.*
The whole extent of the contributions of the confeder
acy during the past year, to a requisition for eight millions
of dollars, had little exceeded four hundred thousand, while
the foreign loans had yielded less than a million; with
which sums the government had been carried on.
To satisfy the demands of the public creditors in this
state ofthe finances, was evidently impracticable ; yet how
to refuse without offending this central state, conspicuous
for its liberal policy throughout the war, and which num
bered among its claimants many of those who had most
largely contributed to the relief of the treasury, was a con
sideration of the highest moment. To assuage its growing
irritation, and by a frank exposition of their true situation,
while congress showed its inability to fulfil their engage
ments, to endeavour to inspire confidence in the ultimate
discharge of the debt, was a course dictated by integrity
and policy.
With this view, Hamilton, on the fourth of December,
moved the appointment of a committee of conference with
her legislature.
The demands of Pennsylvania had assumed a serious
character. The alternative was presented to congress,
either to make a substantial provision for her claims, or,
without the power of coercion, to behold her appropria
ting all her own resources to discharge the debts due by
the confederation to her own citizens.
» November 12.

-20 T II E L I F E O F
But still more cogent motives now arose to prompt effi
cient measures of finance. The progress of the negotia
tions had induced a general expectation of peace, which
was confirmed by, the movement ofthe French auxiliaries
to Boston, to embark for the West Indies.
As the probability of a treaty being concluded increased,
the reduction of the ai-my became a topic of universal
discussion. After their great and long privations, the army under
any other circumstances would have looked to this event
with intense gratification ; for, unlike the soldiers of more
populous regions, they had relinquished avocations whicli
yielded them an ample competence, with a full knowledge
of the sacrifices they were about to make.
But their return to private life was now clouded with
the most desolate and appalling prospects. Loaded with
debts incurred for their subsistence, their youth gone by,
many with families worn down by poverty — these vete
rans saw in their expected disbandment, the moment when
.they were to be turned in penury upon the world, deprived
of their just dues, and without any provision for their half-
pay, by the assurance of which the officers had been en
couraged to continue in the service, and to which they
looked as their chief resource in the closing scenes of
life. Influenced by a sense of their wrongs, thoir murmurs
increased, and in nd bosom did they excite stronger sym
pathy than in that of their fellow-soldier and friend.
With such urgent motives for an early action upon this
subject, Hamilton, two days after,* moved a resolution di
recting the superintendent of finance to represent to the
states the indispensable necessity of their complying with
the requisition for raising a sum equal to a year's interest
* December 6.

HAMILTON. 21
of the domestic debt, and two millions for the current
service ; and to point out the embarrassments which
resulted from appropriations by the states of the moneys
required by congress, " assuring them that they were deter
mined to make the fullest justice to the public creditors an
invariable object of their counsels and exertions."
His resolution embraced the appointment of a deputa
tion to Rhode Island, to urge .the grant of the impost " as
a measure essential to the safety and reputation of these
states ;" and with a view to carry it immediately into effect,*
he brought forward the draft of an ordinance for its col
lection. The deputation to Rhode Island was appointed, its dele
gates alone dissenting, and the following letter, prepared
by Hamilton, was addressed to the governor of that state.f
" SIR, " Congress are equally affected and alarmed by the infor
mation they have received, that the legislature of your
state at their last meeting have refused their concurrence
in establishing a duty on imports. They consider this
measure as so indispensable to the prosecution of the war,
that a sense of duty and regard to the common safety,
compel them to renew their efforts to engage a compliance
with it ; and in this view they have determined to send a
deputation of three of their members to your state, as ex
pressed in the enclosed resolution. The gentlemen they
have appointed will be able to lay before yoii a full and
just representation of public affairs, from which they flat
ter themselves will result a conviction of the propriety of -
their solicitude upon the present occasion. Convinced by
past experience of the Zealand patriotism of the state of
Rhode Island, they cannot doubt that it will yield to those
* December 10. t December 11.

22 TIIELIFEOF
urgent considerations which flow from a knowledge of our
true situation.
" They will only briefly observe, that the increasing dis
contents of the army, the loud clamours of the public cred
itors, and the extreme disproportion between the public
supplies and the demands of the public service, are so
many invincible arguments for the fund recommended by
congress. They feel themselves unable to devise any
other, that will be more efficacious, less exceptionable, or
more generally agreeable ; and if this is refused, they an
ticipate calamities of a most menacing nature — ^with this
consolation, however, that they have faithfully discharged
their trust, and that the mischiefs which may follow cannot
be attributed to them.
" A principal object of the proposed fund is to procure
loans abroad. If no security can be held out to lenders.
the success of these must necessarily be very limited.
The last accounts on the subject were not flattering ; and
when intelligence shall arrive in Europe, that the state of
Rhode Island has disagreed to the only fund which has yet
been devised, there is every reason to apprehend it will
have a fatal influence upon their future progress.
" Deprived of this resource, our aflTairs must in all proba
bility rapidly hasten to a dangerous crisis, and these states
be involved in greater embarrassments than they have yet
experienced, and from which it may be much more difficult
to emerge. Congress will only add a request to your excel
lency, that if the legislature should not be sitting, it may
be called together as speedily as possible, to enable the
gentlemen whom they have deputed, to perform the pur
pose of their mission."
A similar appeal had been made the previous summer
to which formal objections were interposed.
The next day the delegates from that state laid before

HAMILTON. 23
congress a letter from the spleaker of its lower house.
This letter stated that the recommendation of congress
nad been unanimously rejected, and gave the grounds of
that rejection. Upon the basis of this procedure, the
Rhode Island delegates moved that the resolve appointing
a deputation to it, should be rescinded. At the instance
of Hamilton, the previous question was carried ; and four
days after, he laid before congress an address to that
state, prepared in answer to the speaker's letter.
This paper is of great importance, as the earliest public
document in which the policy of a national revenue is dis
cussed in the spirit of a statesman, and will be perused
with deep interest, as an exposition of the views Hamilton
had long entertained on some of the great questions upon
which he was subsequently called to act.
The objections of Rhode Island were answered in suc
cession.* The first of these alleged its inequality, as
"bearing hardest upon the commercial states." It was
met by a statement of the general principle, that " every
duty on imports is incorporated in the price of the com
modity, and ultimately paid by the consumer, with a profit
on the duty as a compensation" for the advance by the
merchant. An overstocked market, and competition
among the sellers, might prevent this ; but in the general
course of trade, the demand for consumption preponder
ates. Every class of the community bears its share of the
duty in proportion to the consumption, which is regulated
by its comparative wealth. " A chief excellence," he ob
served, " of this mode of revenue is, that it preserves a just
measure to the abilities of individuals, promotes frugality,
and taxes extravagance."... The same reasoning appUes to
the intercourse between two states ; either will only feel
» 4 J. C. 198.

24 THELIFEOF
the burden in the ratio to its consumption and wealth.
The impost, instead of bearing hardest on the most com
mercial states, will rather have a contrary effect, though
not in a sufficient degree to justify an objection on the
part of the non-importing states. But " overnice and mi
nute calculations in matters of this nature, are inconsistent
with national measures ; and, in the imperfect state of hu
man affairs, would stagnate all the operations of govem
ment. Absolute equality is not to be attained ; to aim at
it, is pursuing a shadow at the expense of the substance ;
and in the event, we should find ourselves wider of the
mark, than if, in the first instance, we were content to ap
proach it with moderation."
The second objection, " that the impost would introduce
into the states officers unknown and unaccountable to them,
and was thus contrary to the constitution of the state," was
replied to at length.
" It is not to be presumed," Hamilton remarked, " that
the constitution of any state could mean to define and fix
the precise numbers and descriptions of all officers to be
permitted in the state, excluding the creation of any new
ones, whatever might be the necessity derived from that
variety of circumstances incident to all political institu
tions. The legislature must always have a discretionary
power of appointing officers, not expressly known to the
constitution ; and this power will include that of authori
zing the fcederal government to make the appointments in
cases where the general welfare may require it. The de
nial of this would prove too much ; to wit, that the power
given by the confederation to congress, to appoint all
officers in the post-office, was illegal and unconstitutionsJ.
" The doctrine advanced by Rhode Island would perhaps
prove also that the fcederal government ought to have the
appointment of no internal officers whatever ; a position
that would defeat all the provisions of the confederation.

HAMILTON. 25
and all the purposes of the union. The truth is, that no
fcederal constitution can exist without powers that in their
exercise affect the internal police of the component mem
bers. It is equally true, that no government can exist
without a right to appoint officers for those purposes which
proceed from, and concentre in, itself; and therefore the
confederation has expressly declared, that congress shall
have authority to appoint all such * civil officers as may be
necessary for managing the general affairs of the United
States under their direction.' All that can be required is,
that the fcederal government confine its appointments to
such as it is empowered to make by the original act of
union or by the subsequent consent of the parties ; unless
there should be express words of exclusion in the consti
tution of a state, there can be no reason to doubt that it
is within the compass of legislative discretion to commu
nicate that authority. The propriety of doing it upon the
present occasion is founded on substantial reasons.
" The measure proposed is a measure of necessity. Re
peated experiments have shown, that the revenue to be
raised within these states is altogether inadequate to the
public wants. The deficiency can only be supplied by
loans. Our applications to the foreign powers on whose
friendship we depend, have had a success far short of our
necessities. The next resource is, to borrow from indivi
duals. These will neither be actuated by generosity nor
reasons of state. 'Tis to their interest alone we must ap
peal. To conciliate this, we must not only stipulate a
proper compensation for what they lend, but we must give
security for the performance. We must pledge an ascer
tained fund, simple and productive in its nature, general
in its principle, and at the disposal of a single will. There
can be little confidence in a security under the constant
revisal of thirteen different deliberatives. It must, once
for all, be defined and established on the faith of the states,
4

26 THELIFEOF
solemnly pledged to each other, and not revoqable by any
without a breach of the general compact. 'Tis by such
expedients that nations whose resources are understood,
whose reputations and governments are erected on the
foundation of ages, are enabled to obtain a solid and ex
tensive credit. Would it be reasonable in us to hope for
more easy terms, who have so recently assumed our rank
among the nations ? Is it not to be expected, that indivi
duals will be cautious in lending their money to a people
in our circumstances, and that they will at least require
the best security we can give ?"
Having adverted to the peculiar motives to remove the
existing prepossessions unfavourable to the public credit,
by means the most obvious and striking, he observed : —
" It was with these views congress determined on a
general fund ; and the one they have recommended must,
upon a thorough examination, appear to have fewer incon
veniences than any other.
" It has been remarked, as an essential part of the plan,
that the fund, should depend on a single will. This will
not be the case, unless the collection, as well as the appro
priation, is under the control of the United States ; for it
is evident that, after the duty is agreed upon, it may in a
great measure be defeated by an ineffectual mode of levy
ing it. The United States have a common interest in a
uniform and equally energetic collection; and not only
policy, but justice to all the parts of the Union, designates
the utility of lodging the power of making it where the
interest is common. Without this, it might in reality ope
rate as a very unequal tax."
The third objection was, " That by granting to congress
a power to collect moneys from the commerce of these
states indefinitely as to time and quantity, and for the ex
penditure of which they are not to be accountable to the
states, they would become independent of their constitu-

HAMILTON. 27
ents ; and so the proposed impost is repugnant to the liberty
of the United States."
" Admitting the principle of this objection to be true, still
it ought to have no weight in the present case, because
there is no analogy between the principle and the fact.
"First — The fund proposed is sufficiently definite as to
time, because it is only coextensive with the existence of
the debt contracted, and to be contracted in the course of
the war. Congress are persuaded that it is as remote from
the intention of their constituents to perpetuate that debt,
as to extinguish it at once by a faithless neglect of pro
viding the means to fulfil the public engagements. Their
ability to discharge it in a moderate time, can as little be
doubted as their inclination; and the moment that debt
ceases, the duty, so far as respects the present provision,
ceases with it.
" The resolution recommending the duty, specifies the
object of it to be the discharge of the principal and interest
of the debts already contracted on the faith of the United
States for supporting the present war.
" Secondly — The rate per cent, is fixed, and it is not at
the option of the United States to increase it. Though
the product will vary according to the variations in trade,
yet, as there is this hmitation of the rate, it cannot be pro
perly said to be indefinite as to quantity.
" By the confederation, congress have an absolute discre
tion in determining the quantum of revenue requisite for
the national expenditure. When this is done, nothing re
mains for the states separately but the mode of raising. No
state can dispute the obligation to pay the sum demanded,
without a breach of the confederation; and when the
money comes into the ti"easury, the appropriation is the
exclusive province of the fcederal government. This pro
vision of the confederation, (without which it would be an
empty form,) comprehends in it the principle in its fullest

28 THELIFEOF
latitude, which the objection under consideration treats as
repugnant to the liberty of the United States ; to wit, an
indefinite power of prescribing the quantity of money to
be raised, and of appropriating it when raised.
" If it be said that the states, individually, having the col
lection in their own hands, may refuse a compliance with
exorbitant demands, the confederation will answer, that
this is a point of which they have no constitutional liberty
to judge. Such a refusal would be an exertion of power,
not of right ; and the same power which could disregard
a requisition made on the authority of the confederation,
might at any time arrest the collection of the duty.
" The same kind of responsibility which exists with re
spect to the expenditure of the money furnished in the
forms hitherto practised, would be equally appUcable to
the revenue from the imports.
" The truth is, the security intended to the general Uberty
in the confederation, consists in the frequent election and
in the rotation of the members of congress, by which there
is a constant and an effectual check upon them. This is
the security which the people in every state enjoy against
the usurpations of their internal governments; and it is
the true source of security in a representative republic.
The government so constituted, ought to have the means
necessary to answer the end of its institution. By weak
ening its hands too much, it may be rendered incapable of
providing for the interior harmony or the exterior defence
of the state.
" The measure in question, if not within the letter, is
within the spirit of the. confederation. Congress by that
are empowered to borrow money for the use of the United
States, and, by implication, to concert the means necessary
to accomplish the end. But without insisting on this ar
gument, if the confederation has not made proper provi
sion for the exigencies of the states, it will be at all times

HAMILTON. 29
the duty of congress to suggest further provisions ; and
when their proposals are submitted to the unanimous con
sent of the states, they can never be charged with exceed
ing the bounds of their trust. Such a consent is the basis
and sanction of the confederation, which expressly, in the
thirteenth article, empowers congress to agree to and pre
pare such additional provision.
" The remarks hitherto made, have had reference princi
pally to the future prosecution of the war. There still
remains an interesting light in which the subject ought to
be viewed.
" The United States have already contracted a debt in
Europe and in this country, for which their faith is pledged.
The capital of this debt can only be discharged by de
grees; but a fund for this purpose, and for paying the
interest annually, on every principle of policy and justice,
ought to be provided. The omission wiU be the deepest
ingratitude and cruelty to a large number of meritorious
individuals, who, in the most critical periods of the war,
have adventured their fortunes in support of our indepen
dence. It would stamp the national character with indeli
ble disgrace.
" An annual provision for the purpose will be too preca
rious. If its continuance and application were certain, it
would not afford complete relief. With many, the regular
payment of- interest, by occasional grants, would suffice ;
but with many more it would not. These want the use
of the principal itself, and they have a right to it ; but
since it is not in our power to pay off the principal, the
next expedient is to fund the debt, and render the evidences
of it negotiable.
" Besides the advantage to individuals from this arrange
ment, the active stock of the nation would be increased by
the whole amount of the domestic debt, and of course, the
abilities of the community to contribute to the pubUc

30 THELIFEOF
wants ; the national credit would receive and stand here-
after on a secure basis."
This was another object of the proposed duty.
The eligibility of this fund was next shown. "The
principal thing," he said, "to be consulted for the ad
vancement of commerce, is to promote exports ; all im
pediments to these, either by way of prohibition or by
increasing the prices of native commodities, decreasing by
that means their sale and consumption at foreign markets,
are injurious. Duties on exports have this operation.
For the same reasons, taxes on possessions and the articles
of our own growth and manufacture, whether in the form
of a land tax, excise, or any other, are more hurtful to trade
than import duties. But it was not to be inferred that the
whole revenue ought to be drawn from imports ; all ex
tremes are to be rejected. The chief thing to be attended
to is, that the weight of the taxes fall not too heavily in the
first instance upon particular parts of the community : a
judicious distribution to all kinds of taxable property, is a
first principle in taxation."
The report closed with these impressive reflections, sug
gested by the language of Rhode Island : —
" There is a happy mean between too much confidence
and excessive jealousy, in which the health and prosperity
of a state consist. Either extreme is a dangerous vice :
the first is a temptation to men in power to arrogate more
than they have a right to ; the latter enervates govern
ment, prevents system in the administration, defeats the
most salutary measures, breeds confusion in the state, dis
gusts and discontents among the people, and may event
ually prove as fatal to liberty as the opposite temper.
" It is certainly pernicious to leave any government in a
situation of responsibility disproportionate to its power.
The conduct of the war is intrusted to congress, and the
pubUc expectation turned upon them, without any compe-

HAMILTON. 31
tent means at their command to satisfy the important
trust. After the most full and solemn deliberation, under
a collective view of all the public difficulties, they recom
mend a measure which appears to them the corner-stone
of the public safety ; they see this measure suspended for
near two years — partially complied with by some of the
states, rejected by one of them, and in danger on that ac
count to be frustrated ; the public embarrassments every
day increasing ; the dissatisfaction of the army growing
more serious, the other creditors of the public clamoring
for justice — both, irritated by the delay of measures for
their present relief or future security ; the hopes of our
enemies encouraged to protract the war — the zeal of our
friends depressed by an appearance of remissness and want
of exertion on our part — congress harassed, the national
character suffering, and the national safety at the mercy
of events."
Resolutions were appended to this report giving the
first public pledge of a determination to establish a sink
ing FUND.*
On the foUowing day, in pursuance of another report
from Hamilton, the deputation from Rhode Island was
directed to proceed as soon as possible.
While these efforts were made, a publication appeared
* Dec. 16th. — ^Whereas it is essential to justice and to the preservation of
public credit, that whenever a nation is obUged by the exigencies of public
affairs to contract a debt, proper funds should be established, not oiUy for
paying the annual value or interest of the same, but for discharging the
principal within a reasonable period, by which a nation may avoid the evils
of an excessive accumulation of debt. Therefore resolved, That whenever
the nett produce of any funds recommended by congress and granted by the
states, for funding the debt already contracted, or for procuring further loans
for the support of the war, shaU exceed the sum requisite for paying the in.
terest of the whole amount of the national debt which these states may owe
at the termination of the present war, the surplus of such grants shaU form
a sinking fund, to be inviolably appropriated to the payment of the principal
of the said debt, and shaU on no account be diverted to any other purpose. —

32 THELIFEOF
in a Boston gazette, which gave a false view of the state
of the negotiations for foreign loans, and intimated that
the danger to be apprehended was not embarrassment for
want of funds, but from contracting too large a debt.
This misrepresentation tended to impede all the exertions
to obtain a grant of permanent funds. After some in
quiry, Howell, a member from Rhode Island, avowed
himself the author of it, and made a motion braving the
opinion of congress, which was entered upon the journal.
Aware of the importance of an official declaration of its
falsity, Hamilton offered a resolution, which was seconded
by Carroll, that congress haying, in respect to the articles
of the confederation, admitted on its journals an entry of a
motion of Mr. Howell highly derogatory to the dignity
and honour of the United States, that a committee should
be appointed to report the measures respecting it. They
reported that a true state of the negotiations should he
transmitted to the governor of Rhode Island.
The preceding address to that state, shows Hamilton's
purpose to endeavour to establish an adequate and compre
hensive system of finance. This would have provided for
the state emissions, and state debts incurred for the com
mon defence. An estimate which he had submitted to the
superintendent of finance, showed that the probable re
ceipts from the irapost would be insufficient. It was
necessary to increase the revenue ; but before the assent
of the states could be obtained to this increase, discontents
And in order that the several states may have proper information of the state
of their finances, it is further resolved, That as soon as the pubUe debt can
be liquidated, each state be annuaUy furnished with the amount thereof, and
of the interest thereon ; and also of the proceeds and disposition of the funds
provided for the redemption thereof. That the faith of the United States
be pledged for the observance of the foregoing resolution, and that if any
state shall think it necessary to make it a condition of their grants the same
wdl be considered by congress as consistent with their resolution of the 3d
of February, seventeen hundred and eighty-one.

HAMILTON. 33
which existed as to late requisitions were to be removed.
With these views, he moved the appointment of a com
mittee to report what further provision should be made
" for discharging the interest on the loan-office certificates
and other liquidated debts, and to revise the requisitions
of the preceding and present year, and to report whether
the same ought to be continued or altered."
The principal cause of the frequent coUisions between
the states as to the apportionment of the public burdens,
proceeded from the failure to carry into effect the rule of
the confederation as to the ratio of contribution. That
rule contemplated an actual specific valuation of the lands
in each state granted and surveyed, with the buildings
and improvements. Objectionable as the rule was, the
federal articles had prescribed it. FeeUng the obligation
of an effort to act upon it, Hamilton, on the sixth of
January, offered a resolution in " order to enable congress
to form an eventual plan towards carrying into execu
tion" this article of the confederation. His view was, that
this valuation should be made by commissioners appointed
by and acting under the authority of the United States
upon uniform principles. This resolution, together with
those of the sixteenth of December, was referred to a
committee composed of a member from each state.
The following day the house took up another subject
connected with the fulfilment of the public faith. The
large amount of old continental biUs held in the New-
England states, they having furnished the principal sup
plies, created a strong interest in that part of the union
that some provision should be made for their redemption.
A memorial having this object had been presented to
the previous congress, which was referred to a grand
committee of that body. This committee reported that
specie certificates should be issued for these biUs when
paid into the hands of the commissioners appointed to
5

34 THELIFEOF
settle the accounts of the several states, and of individuals
thereof, to bear an interest of six per cent, from their
date, and to be provided for as other debts, if brought in
prior to the expiration of the year seventeen hundred and
eighty-three. It also proposed that the states which had not
sunk the proportions of the continental money assigned to
them, be charged with the deficiency at the prescribed rate.
The rate was left in blank, to be filled up by the house.
The recent pledge introduced by Hamilton, of a deter
mination to provide for the whole debt, probably induced
Massachusetts to call up this report, in the hope that these
biUs would be embraced in such provision. Much opposi
tion existed in the southern states to any redemption of
these emissions.
When this report was offered for consideration, North
Carolina moved its postponement. This motion being
lost, a proposition was offered, that it be recommended to
the several states to redeem their quotas of the old bills
upon principles consonant "with the most substantial
justice." This proposition also failed ; and it being thus
admitted, if redeemed at all, that they were a national
charge, Hamilton moved " that the blank in the report be
filled with the word ' forty,' " the rate of depreciation con
gress had established, but which composition he had cen
sured as a violation of the public faith. This motion was
rejected. A subsequent effort was made to fix the ratio
at one for seventy-five, which was also rejected, some
votes being against it as an inexpedient departure from
the stipulated rate ; others, because hostile to any provi
sion.* The effort to redeem them was abandoned.
* The foUowing statement is found in the report of the debates on this
subject, Madison Papers, vol. 1, page 226, by James Madison.
" December 7th. — No congress  The grand committee met again on the
business of the old paper emissions, and agreed to the plan reported by the
sub-committee in pursuance of Mr. Fitzsimmons's motion, viz. : that the out-

HAMILTON. 35
While the preliminary measures of finance were de
pending, the dangers which had been apprehended from
the discontents of the army occurred, and Hamilton's ser-
standing bUls should be taken up, and certificates issued iu place thereof at
the rate of one real dollar for  nominal ones, and that the surpluses re
deemed by particular states should be credited to them at the same rate. Mr.
Carroll alone dissented to the plan, aUeging that a law of Maryland was ad
verse to it, which he considered as equipoUent to an instruction. For fiUing
up the blank, several rates were proposed. First, 1 for 40 ; on which the
votes were, no ; except Mr. Howell. Second, 1 foi T 5, no; Mr. White and
Mr. HoweU, aye. Third, 1 for 100, no ; Mr. Hamilton and Mr. Fitzsim.
mons, aye. Fourth, 1 for 150, no ; Mr. Fitzsimmons, aye. The reasons
urged in favour of 1 for 40, were — first, an adherence to pubUc faith ; secondly,
that the depreciation of the certificates would reduce the rate sufficiently low,
they being now negotiated at the rate of 3 or 4 for 1. The reason for 1 for
75, was, that the bills passed at that rate when they were caUed in, in the
eastern states ; for 1 for 100, that as popular ideas -were opposed to the stipu
lated rate, and as adopting the current rate might hurt the credit of other
securities, which derived their value from an opinion that they would be
strictly redeemed, it was best to take an arbitrary rate, leaning to the side
of liberaUty ; for 1 for 150, that this was the medium depreciation when the
circulation ceased. The opposition to these several rates came from the south
ern delegates, in some of whose states none, in others but little, had been re
deemed, and in aU of which the depreciation had been mueh greater. On
this side it was observed by Mr. Madison, that the states which had redeemed
a surplus, or even their quotas, had not done it within the period fixed by
congress, but in the last stages of depreciation, and, in a great degree, even
after the money had ceased to circulate ; that since the supposed cessa.
tion, the money had generaUy changed hands at a value far below any rate
that had been named ; that the principle estabUshed by the plan of the 18th
of March, 1780, with respect to the money in question, was, that the holder
of it should receive the value at which it was current, and at which it was
presumed he had received it ; that a different rule adopted with regard to the
same money in different stages of its downfaU, would give general dissatisfac.
tion. The committee adjourned without coming to any decision."
On the 18th March, 1780, congress resolved that the biUs iu circulation
should bo redeemed at the rate of 40 for 1 Spanish miUed dollar. To aUow a
less equiveilent, was a breach ofthe pubUc faith. The object of the foregoing
statement is, to represent HamUton as voting in favour of this breach of faith ;
but the statement is incorrect in aU its parts.
The transaction is represented as having occurred on the 7th of December,

36 THELIFEOF
vices were placed in a conspicuous light by his efforts to
render justice to his feUow-soldiers.
Near the close of the preceding autumn, the main army,
and not on the 7th of January, the actual date of the occurrence as appears
by the journals, vOl. 4, page 141. To give colour to this alteration of the date,
itis represented as having taken place in grand committee, and not in the house.
That grand committee was elected by the preceding congress,* and was
composed of Duane, Dyer, Fitzsimmons, Gilman, Hanson, HoweU, Jackson,
Lee, McKean, Telfair, WiUiamson, and Witherspoon'. Hamilton was not a
member of it ; consequently, he could not have given the vote imputed to
hira by Madison, nor any other vote.
The report of this committee came before congress on the 7th January, the
amount in blank ; a motion was made to postpone its consideration. Hamil
ton and Madison both voted against the raotion for a postponement, which
was lost. It was then moved that the several states should redeem on prin.
ciples " of the most substantial justice." Hamilton and Madison both voted
against this motion. Hamilton then moved to fiU up the report with 40 for
1 — Madison voted against it ; a motion was then made of 75 for 1 — Hamil
ton and Madison both against it. No vote is given of 100 or of 150 for 1,
as stated by Madison.
The purport of these several votes was this. In voting not to postpone,
HaraUton evinced his determination to fulfil a public engagement. In voting
not to refer the provision to the states, he voted from the same njiotive. In
proposing 40 for 1, he voted from the same motive. In voting agamst 75 for
1, he voted upon the consideration stated by him in his letter to Robert
Morris, previously referred to, vol. 1, page 360 : — " I have chosen the reso-
lution of March, '80, as a standard ; we ought not on any accoimt to raise
the value of the old paper higher than 40 to 1, for this wiU give it about the
degree of value that is most salutary, at the same time that it would avoid
a second breach of faith, which would cause a violent death to aU future
credit." He also voted ou the 21st December previous, to certify certain
pledges as " debts, at 1 doUar in specie for every 40 dollars of such pledges,"
in which Madison concurred.
Madison voting in the negative throughout, voted not to redeem the conti-
nental paper at any rate ; assigning as one reason, " that the principle estab
lished by the plan of the 18th March, 1780, was, that the holder should receive
the value at which it was current, and at which it was presumed he had re
ceived it, and that the same principle ought to govern in the different stages
of its downfaU. This was not the fact ; 40 for 1, was the sUpulated rate,
below which no depreciation was to take place.
•4J. C. 14J.

HAMILTON. 37
which had previously been moved to Verplank's Point,
took up their winter-quarters among the woody hiUs in
the .vicinity of Newburgh, a position in every relation the
most eligible that could have been selected. Their wants,
and the near approach of peace, increased their anxiety
for an adjustment of their accounts, and led the officers to
look with extreme solicitude to the establishment of sub
stantial funds, adequate to the discharge of their half-pay
as it should become due.
Alarmed by information that there was a large party
hostile to their claims, combinations among them to resign
in a body, at stated periods, began to be formed. But
they were diverted from this purpose, and induced to pe
tition congress.
In their petition they stated that shadows had been
offered to them, while the substance had been gleaned by
others ; that they had bome aU that they could bear ; that
their property was expended, their private resources at
an end, and their friends wearied out and disgusted with
their incessant applications ; that the soldiers had not re
ceived more than one-fifth of their rations ; that the ar
rearages for their clothing in seventeen hundred and
seventy-seven, were paid in continental money, when the
dollar was worth only four pence, and that the accounts
for the subsequent years were unliquidated. After this
Not only is a reason that did not exist assigned for his own vote, but one
inconsistent with integrity is imputed to Hamilton for a vote he did not give.
Madison gave the vote HamUton refused to give. The reason stated by
Madison to have been " urged in favour of" 40 for 1, the rate HamUton
proposed, was, " an adherence to pubUc faith." The reason imputed to
Hamilton by Madijon for voting for 100 for 1, which Hamilton did not vote
for, was, that as popular ideas were opposed to the stipulated rate, and as
adopting the current rate might hurt the credit of other securities, which de.
rived their value from an opinion that they would be strictly redeemed, it
was best to take an arbitrary rate leaning to the side of popularity." What
must he thought of such statements ?

38 THELIFEOF
recapitulation of their wrongs, having asked for a supply
of money as soon as possible, they urged an immediate
adjustment of their dues ; that a part should be paid, and
the remainder put on such a footing as would restore
cheerfulness to the army, revive confidence in the justice
and generosity of its constituents, and contribute to the
very desirable eff'ect of re-establishing public credit. Ad
verting, in fine, to the odious light in which the persons
entitled to half-pay were viewed, they proposed, in order
to prevent altercations and distinctions, to commute the
half-pay for full pay for a certain number of years, or for
a sum in gross.
To attain these objects, they appointed General McDou-
galj Colonels Brooks and Ogden, a committee of corre
spondence to repair to Philadelphia. The state of opinion
in congress was not such as to inspire confidence. The
jealous spirit which withheld from the confederation the
only means of restoring the public credit, and which, on
the return of peace, was not unwilling to abandon or to
dissolve the union, had been strongly evinced as to the
claims of the army.
Aware of the difficulties to be encountered, it has been
seen that Hamilton had been foremost to induce the refu
sal of all partial favours to any particular body of officers,
had urged the necessity of avoiding discriminations be
tween different classes of creditors, and had succeeded in
postponing various applications for relief, the grant of
which must have engendered discontent.
The army- memorial was referred to a committee of
which he was chairman, and on the twenty-fifth of Janua
ry a report was made by him.
It comprehended five articles : — Present pay — a settle
ment of accounts of the arrearages of pay, and security
for what was due — a commutation of the half-pay for an
equivalent in gross — a settlement of the accounts of defi-

HAMILTON. 39
ciencies of rations and compensation, and a similar settle
ment as to clothing and compensation.
As to the pay, this report directed the superintendent
of finance to make the payment requested, as soon as the
state of the finances would permit ; as to the accounts,
that the states be called upon to complete the settlements
with their respective levies to the first of August, seven
teen hundred and eighty,^ and that settlement from .that
period be made at the office of finance. As to security,
it declared that the troops of the United States, in com
mon with all their creditors, have an undoubted right to
expect such security, and that congress wiU make every
effort in their power to obtain from the respective
states substantial funds, adequate to the object of
funding the whole debt of the United States, and will
enter upon an immediate and full consideration of the
nature of such funds, and the most likely mode of ob
taining them.
The remaining articles were referred to a sub-committee
of which Hamilton was a member ; and after the interval

* By resolution of 12th August, 1780, the states were recommended to
make compensation for the depreciation of their pay ; eind from the Gist of
that month it was declared that the army should receive it in the new emis.
sions. It was therefore an express stipulation. Yet Madison states, " a
compromise was proposed by Hamilton, by substituting the last day of De
cember, 1780," for the first of August, in compUance with an objection of
the eastem states.
The same principle was involved with that in the pledge of $40 for 1,
of the old emission, as to whieh the charge has been disproved. It is seen
that Hamilton's teport was in conformity with this stipulation. How the
change to December occurred, does not appear ; but the joumals show that
HamUton voted to reinstate August.* As this statement rests solely upon
the evidence of Madison, and is neither in accordance with the report nor
with this vote, its probabUity is more than questionable. — 1 Mad. 278-9,
280. *4 J. C. 152.

40 THELIFEOF
of a day, that part of this report which promised substan
tial and adequate funds, was considered.
The earliest known opinions of Hamilton indicate his
conviction that the command of the revenue should be
vested in congress, and that it should have the collection
of it. He had stated in " the Continentalist,"* as " the
great defect of the confederation, that it gives the United
States no property, or in other words, no revenue, nor the
means of acquiring it inherent in themselves, and inde
pendent on the temporary pleasure of the different mem
bers." — " As power without revenue, in a political society,
was a name; while congress," he then said, "continue
altogether dependent on the occasional grants of the seve
ral states, for the means of defraying the expenses of the
fcederal government, it can neither have dignity, vigour,
nor credit. Credit supposes specific and permanent funds
for the punctual payment of interest, with a moral cer
tainty of the final redernption of the principal. This
credit being to be procured through congress, the funds
ought to be provided, declared, and vested in them. Had
we begun the practice of funding four years ago, we
should have avoided that depreciation of the currency,
which has been as pernicious to the morals as to the cre
dit of the nation." It has been seen that he at the same
time expressed the opinion, that congress should have the
appointment " of all officers of the customs, collectors of
taxes, and miUtary officers of every rank, so as to create
in the interior of each state a mass of influence in favour
of the fcederal government."
The period had now arrived when he was enabled, per
sonaUy, to propose the adoption of a measure which he
had long contemplated — the estabUshment of a permanent
national revenue. Unfortunately, on the dayf when the
* August 4, 1781— No. 4. t Jan. 27.

HAMILTON. 41
discussion of this subject commenced, the delegates from
Virginia laid before congress an act of their legislature,
repealing her grant of the power to raise an impost ; a
repeal not dictated by temporary considerations, but mani
festing a decided repugnance to the supremacy of the
national legislature over any part of the revenue.
It declared, " that the permitting any power other than
the general assembly of this commonwealth, to levy duties
or taxes upon the citizens of this state, within the same,
is injurious to its sovereignty, may prove destructive of the
rights and liberty of this people, and so far as congress
might exercise the same, is contravening the spirit of the
confederation." Unpropitious as this procedure was, no
other resource existed, and the debate proceeded in a com
mittee on " permanent funds."
The first question to be decided was, whether if funds
were provided they were tq be coUected by the states, or,
as Hamilton had previously urged, should depend on "a
single will." With a view to its decision, he offered the
foUowing declaratory resolution : — " That it is the opinion
of congress that complete justice cannot be done to the
creditors of the United States, nor the restoration of pub
lic credit be effected, nor the future exigencies of the war
be provided for, but by the establishment of permanent
and adequate funds, to operate generaUy throughout the
United States, to be collected by congress."
The petition of the officers of the army had been heard
and answered ; the memorial of the other public creditors
had not been replied to.
After the late act of Virginia repealing the impost, it
was particularly important that they should receive a
similar pledge of ultimate justice. Prompted by this con
sideration, immediately after the introduction of this im
portant resolution, Hamilton presented a report on the
memorial of Pennsylvania respecting the debts due to her
6

42 THELIFEOF
citizens. This report stated, " that any attempts to pay any
of the past debts, would form so heavy a deduction from
the greatest revenue that could be raised as would totally
obstruct all present service, and that any present provision
should be confined to the interest of the public debts.
That such provision would offer eventual relief to the pub
lic creditors, and enable them to support their share of the
public burdens without appropriating the whole revenue
which can be drawn from the people to a payment of debts,
and leaving thereby the public service unprovided for,
which would involve the ruin of all ranks, creditors and
others. That congress were and had long been deeply
impressed with the absolute necessity that speedy and
effectual measures should be taken, first to liquidate and
ascertain the public debts, and then to secure the payment
of the interest until the principal could be discharged.
Acts of congress were referred to as evidence of this
assertion. He added, that after a delay of two years,
Rhode Island had entirely refused its concurrence to the
impost, that Virginia had withdrawn its assent once given,
and that a third state had returned no answer.
The inability of congress to perform its engagements,
was stated to have resulted from the defective compliances
of the states during the war. Of the last requisition for
eight miUions, only four hundred and twenty thousand dol
lars had been collected. The proceeds of the foreign
loans* were stated, showing an available balance a little

* In vol. 1, page 273, of Madison's Debates, this passage is found : —
" In a late report, which had been drawn up by Mr. Hamilton, and made
to congress, in answer to a memorial from the legislature of Pennsylvania,
among other things showing the impossibiUty congress had been under of
paying their creditors, it was observed, that thc aid afforded by the court of
France, had been appropriated by that court, at the time, to the immediate
use of the army. This clause was objected to as unnecessary, and as dis
honourable to congress. The fact also was controverted. Mr. Hamilton

HAMILTON. 43
exceeding eight hundred thousand doUars ; while to feed,
clothe, and pay the army, required nearly six miUions.
The whole sum within the command of congress, was
and Mr. Fitzsiraraons justified the expediency of retaining it, in order to
justify congress the more explicitly in faiUng to fulfil their engageraents to
the public creditors. Mr. Wilson and Madison proposed to strike out the
words ' appropriated by France,' and substitute the words ' appUed by con.
gress to the immediate and necessary support of the army.' This proposi
tion would have been readily approved, had it not appeared on exaraination,
that in one or two sraall instances, and particularly in the payraent of the
balance due to Arthur Lee, Esq., other applications had been raade of the aid
in question. The report was finaUy recommitted."
This is no less than a charge of stating an untruth, and justifying it on
the score of expediency, on the part of two gentlemen whose probity never
was suspected, and for the motive of justifying congress with the public
creditors. This rainute is of the 24th of January. It speaks of a late report
made to congress. The journal of that date does not refer to this report, but
on the thirtieth of January it is given in full, as having been " agreed to as
follows." A reason assigned by Madison why the clause thus objected to
was not stricken out, is, that there had been a diversion of the money in one
or two small instances. He adds, that it was recommitted. But if these
instances prevented this clause being expunged, if it had been originaUy in
the report, it must necessarily have been retained. On referring to this re
port, " agreed to" by congress, no such clause can be found. Its language
is — " But according to the best accounts which can be obtained, the antici
pations made in the funds for the year 1782 araounted, at the close of 1781,
to four raillions of livres. For the service of that year, his most christian
majesty lent the United States 6,000,000 limes."— 4 J. C. 155.
But if it be assuraed that the clause was there originally, and was
stricken out, the charge is unsupported. The joumals, page 202, contain
the papers which Madison as chairman of a committee reported, and refer
red to in an address of which he was the author. One of these papers. No.
IV., is a letter from the French ambassador at Philadelphia, dated March
15, 1783. It commences thus — " Sir : I have the satisfaction to inform you,
that his majesty procures for the United States a loan of six millions, to be
employed in the war department during the course of the current year." 
" The Count de Vergennes informs me, sir, that the six miUions are lent to
the United States in the same manner, and under the same conditions, with
the sum which was lent last year."  " I have had the honour to inforra you,
sir, that this money is lent to the United States to enable them to cairy on
the war. The wisdora of congress wUl deterraine according to circum-

44 THELIFEOF
little more than a miUion and a half of doUars ; a sum insuf-
ficient to pay the interest then due on the public debts.
« Yet," Hamilton remarked, " notwithstanding the discour
aging obstacles fhey have hitherto encountered, ^hey
conceive it a duty to themselves and to their constituents,
to persevere in their intentions to renew and extend their
endeavours to procure the establishment of revenues equal
to the purpose of funding all the debts ofthe United States;
and they think it proper to inform the assembly of Penn
sylvania, that this subject is now before them under so-
lemn deliberation, and that her ready and early compliance
with the recommendation of (an impost) assures congress
of the vigorous support of that state."
Soon after this pledge was given, a report as to the
mode of valuing the lands was taken into consideration.
This report proposed that the states should pass laws
forming themselves into districts, and should appoint com
missioners to estimate the value of their lands; which
estimate, if approved by congress, was to determine the
requisitions to be made.
Convinced that no efficient plan would be adopted from
the predominance of state jealousies, and regarding the
contemplated mode as involving inequalities and contro
versy, Hamilton moved to postpone the valuation. He
assigned as reasons, " the great expense of it, to which the
finances were then inadequate, and that in a matter so
stances on the manner of effecting that important object, and of compelling
the enemy, hy joint efforts, to conclude a solid and permanent peace."
That such was the sole object of this loan raade by France, then under
great pecuniary pressure, is obvious. Already a creditor for a large amount,
it cannot be supposed that France would have made an additional loan to
the United States to pay their domestic creditors. A declaration such as
that which Madison represents Wilson aa concurring with him in endeavour.
ing to substitute, would have been to declare that congress had violated their
pledge to France in applying this loan to the immediate use of the army—
the express use for which the loan was granted.

HAMILTON. 45
fundamental in the confederation, it was essential to the
harmony and welfare of the United States, that it should
be carried into effect with great care, circumspection, and
impartiality, and that a short delay would be much less
pernicious than a defective execution."
After thus urging that the attempt should be deferred,
he pledged congress to proceed to an accurate valuation
of the land by commissioners, appointed by them, and act
ing under their authority, upon principles uniform through
out the United States ; that when this valuation is com
plete, congress wiU finally adjust the accounts of the
United States with the states separately, agreeably to that
standard, making equitable abatements to such as have
been more immediate sufferers by the war : that in the
mean time they would adhere, in the temporary adjust
ment of these accounts, to the proportions established by
the requisitions of congress ; and with a view to an eventual
plan, he requested the states to transmit to them the valua
tions they had made, with an explanation of the principles
on which they had been made.
This motion, though supported by a majority of mem
bers, was lost in a vote by states, and the plan reported
was rejected.
The course of their proceedings gave small prospect
of any salutary results. The officers were urgently press
ing their claims. The justice of those claims was not to
be questioned. The terms of commutation offered by the
army^ could not be excepted to. The claimants were
suffering. They had received nothing but assurances, and
they had reason to believe that, on the part of many, those
assurances were deceptive. There was danger. Hamilton
felt it, and after due reflection, he unbosomed his appre
hensions to the commander-in-chief.

46 THELIFEOF

HAMILTON TO WASHINGTON. PhUadelphia, Feb. 7, 1783.
SIR, Flattering myself that your knowledge of me wiU in
duce you to receive the observations I make as dictated
by a regard to the public good, I take the liberty to sug
gest to you my ideas on some matters of delicacy and im
portance. I view the present juncture as a very interest
ing one. I need not observe how far the temper and
situation of the army make it so. The state of our finan
ces was perhaps never more critical. I am under injiinc-
tions which will not permit me to disclose some facts that
would at once demonstrate this position, but I think it
probable you wiU be possessed of them through another
channel.* It is however certain that there has scarcely
been a period of the revolution which caUed more for
wisdom and decision in congress. Unfortunately for us,
we are a body not governed by reason or foresight, but
by circumstances. It is probable we shall not take the
proper measures ; and if we do not, a few months may
open an embarrassing scene. This wiU be the case, whether
we have peace or a continuance of the war.
If the war continues, it would seem that the army must
in June subsist itself to defend the country ; if peace should
take place, it mil subsist itself to procure justice to itself.
It appears to be a prevailing opinion in the army, that the
disposition to recompense their services will cease with
the necessity for them, and that if they once lay down
their arms, they part with the means of obtaining justice.
It is to be lamented that appearances afford too much
ground for their distrust.
* Probably from the superintendent of finance.

HAMILTON. 47
It becomes a serious inquiry. What is the true line of
policy ? The claims of the army, urged with moderation,
but with firmness, may operate on those weak minds
which are influenced by their apprehensions more than
by their judgments, so as to produce a concurrence in the
measures which the exigencies of affairs demand. They
may add weight to the applications of congress to the
several states. So far a useful turn may be given to
them. But the difficulty wiU be to keep a complaining
and suffering army within the bounds of moderation.
This your excellency's influence must effect. In order
to it, it wiU be advisable not to discountenance their en
deavours to procure redress, but rather, by the intervention
of confidential and prudent persons, to take the direction
of them. This, however, must not appear. It is of mo
ment to the public tranquillity that your exceUency should
preserve the confidence of the army, without losing that
of the people. This wiU enable you in case of extremity
to guide the torrent, and to bring order, perhaps even
good, out of confusion. 'Tis a part that requires address,
but 'tis one which your own situation as well as the welfare
of the community points out.
I wiU not conceal from your excellency a truth which it
is necessary you should know. An idea is propagated in
the army, that delicacy carried to an extreme prevents
your espousing its interests with sufficient warmth. The
falsehood of this opinion no one can be better acquainted
with than myself ; but it is not the less mischievous for be
ing false. Its tendency is to impair that influence which
you may exert with advantage, should any commotions
unhappily ensue, to moderate the pretensions of the army,
and make their conduct correspond with their duty.
The great desideratum at present is the establishment
of general funds, which alone can do justice to the credi
tors of the United States, (of whom the army forms the

48 TIIELIFEOF
most meritorious class,) restore public credit, and supply
the future wants of government. This is the object of all
men of sense ; in this the influence of the army, properly
directed, may co-operate.
The intimations I have thrown out, wiU suffice to give
your exceUency a proper conception of my sentiments :
you will judge of their reasonableness or faUacy ; but I
persuade myself you wiU do justice to my motives.
General Knox has the confidence of the army, and is a
man of sense ; I think he may be safely made use of.
Situated as I am, your exellency wiU feel the confidential
nature of these observations.
A few days after writing this letter,* Hamilton proposed
a resolution, which was passed, that " the commander-in-
chief be informed that congress are always happy to receive
his sentiments onthe political and military affairs of these
states, the utility of which they have on so many occasions
experienced." It also stated " the probability of peace," and
directed the secretary of foreign affairs " to make a confi
dential communication to him of the state of the negotia
tions for peace when the last advices were received."
The day after the date of this letter, the discussion of
the mode of ascertaining the quotas of the states was re
sumed. Various propositions were made, at different
times, until the seventeenth of February, when a plan was
adopted, five members dissenting.f
By this plan, the legislature of each state was required
to take the most effectual measures to obtain a just and
accurate account of the quantity of its land granted or
surveyed, of the number of buildings, distinguishing dwell
ings from others, and of the number of white and black
inhabitants. These returns were to be examined by a
* Feb. 20. t Hamilton, Madison, Carroll, Floyd, Lee.

HAMILTON. 49
grand committee of congress, nine of whom concurring,
were to make an estimate of the value of the granted or
surveyed lands, and of the buildings or improvements, to
be approved or rejected by that body. This estimate was
to be the rule of apportioning among the states the quotas
to be paid into the continental treasury, and also of ad
justing all accounts between the United States and the
individual states for previous supplies.
As this rule, if strictly adhered to, would charge the
states, which had been the theatres of war, for past sup
plies according to their future ability, when in an entire
condition, and might operate very unequally upon New-
York, it has been seen that Hamilton embraced in his
resolution, for an eventual valuation, a recommendation
that the states should vest congress with a power of mak
ing equitable abatements in favour of such as had been
more immediate sufferers by the war.
This motion was in accordance with a recommenda
tion of the previous congress, that in a final settlement
of the .expenses of the war to be borne by each state,
they should be authorized to assume and adopt such prin
ciples, as from the particular circumstances of the several
states at different periods might appear just and equitable.
It was committed, but as Virginia had disagreed to that
recommendation, a committee reported against it. Ham
ilton subsequently again brought forward this proposition
in a different form. It was a declaratory resolution by
congress that they would make such abatements.
Though admitted to be within the spirit of the con
federation, a postponement was moved ; but with a view
to defeat it, it was considered and rejected.*

* In vol. 1, page 362, Madison Papers, Madison represents himself as be.
ing in favour of " the abatements proposed by Hamilton"— and in page 418,
as offering an araendment to HaraUton's resolution, for which his reasons are
7

50 THELIFEOF
The importance of this question to the interests of the
community he represented, and the course which he had
taken in reference to it, induced Hamilton to address a
letter* to the governor of New- York.
" I enclose," he said, " for the information of the legis
lature, the proceedings upon it in different stages, by
which they will see the part I have acted. But as I was
ultimately left in a small minority, I think it my duty to
explain the motives upon which my opposition to the
general sense of the house was grounded. I am of opin
ion, that the article of confederation itself was iU-judged.
In the first place, I do not believe there is any general
representative of the wealth of a nation, the criterion of
its ability to pay taxes. There are only two that can be
thought of — land and numbers. The revenues of the
United Provinces, general and particular, were computed
before the present war at more than half as much as those
of Great Britain. The extent of their territory is not one
fourth part as great ; their population, less than a third.
" The comparison is stiU more striking between those
provinces and the Swiss cantons, in both of which, extent
of territory and population are nearly the same ; and yet,
the revenues of the former are five times as large as those
of the latter ; nor could any efforts of taxation bring them
to any thing like a level.
" In both cases, the advantages for agriculture are superior
in those countries which afford least revenue in proportion.
I have selected these examples because they are most famil
iar ; but whoever will extend the comparison between the
different nations of the world, wiU perceive that the position
I have laid down is supported by universal experience.
stated. On the 4th of March, he voted, in coraraon with aU the other Vir.
ginia members, first to postpone the consideration of this resolution, and
then to reject it.— 4 J. C. 170.
* February 24, 1783.

HAMILTON. 51
" The truth is, the ability of a country to pay taxes, de
pends on infinite combinations of physical and moral
causes, which can never be accommodated to any general
rule ; climate, soil, productions, advantages for navigation,
government, genius of the people, progress of arts, and
industry, and an endless variety of circumstances. The
diversities are sufficiently great in these states to make an
infinite difference in their relative wealth, the proportion of
which can never be found by any common measure whatever.
" The only possible way, then, of making them contribute
to the general expense in an equal proportion to their means,
is by general taxes imposed under continental authority.
" In this mode, there would no doubt be inequalities, and
for a considerable time material ones ; but experience,
and the constant operation of a general interest, which, by
the very coUision of particular interests, must in the main
prevail in a continental deliberative body, would at length
correct those inequalities, and balance one tax that should
bear hard upon one state, by another that should have a
proportional weight in others. This idea, however, was
not at the period of framing the confederation, and is not
yet agreeable to the spirit of the times. To futurity we
must leave the discovery how far this spirit is wise or
foolish. One thing only is now certain, that congress,
having the discretionary power of determining the quantum
of money to be paid into the general treasury towards de
fraying the common expenses, have in effect the constitu
tional power of general taxation. The restraints upon
the exercise of this power amount to the perpetuating a
rule for fixing the proportions, which must of necessity pro
duce inequality, and by refusing the fcederal government a
power of specific taxation and of collection, without substitu
ting any other adequate means of coercion, do in fact leave
the compliance with continental requisitions to the good
will of the respective states. Inequality is inherent in the

52 THELIFEOF
theory of the confederation ; and in the practice, that ine
quality must increase in proportion to the honesty or dis
honesty of the component parts. This vice wiU either in its
consequences reform the fcederal constitution, or dissolve it.
" If a general standard must be fixed, numbers were pre
ferable to land. Modes might be devised to ascertain the
former with tolerable precision ; but I am persuaded, the
experiment will prove that the value of aU the land, in ~
each state, cannot be ascertained with any thing like ex
actness. Both these measures have the common disad
vantage of being no equal representative of the wealth
of the people ; but one is much more simple, definite, and
certain than the other.
" I have indulged myself in these remarks, to show that
I have little expectation of success from any mode of car
rying the article in question into execution upon equitable
principles. I owe it, however, to myself to declare, that
my opposition did not arise from this source. The con
federation has pointed out this mode, and though I would
heartily join in a representation of the difficulties (of which
every man of sense must be sensible on examination) that
occur in the execution of the plan, to induce the states to
consent to a change ; yet as this was not the disposition
of a majority of congress, I would have assented to any
mode of attempting it, which was not either obviously
mischievous or impracticable.
" The first plan proposed, as your excellency will see,
was an actual valuation of each state by itself. This was
evidently making the interested party judge in his own
cause. Those who have seen the operation of this prin
ciple between the counties in the same state, and the dis
tricts in the same county, cannot doubt a moment that the
valuations on this plan would have been altogether un
equal and unjust. Without supposing more liberality in
one state than another, the degree of care, judgment, and

HAMILTON. 53
method, employed in the execution, would alone make
extreme differences in the results.
"This mode had also the further inconvenience of
awakening all the jealousies of the several states against
each other. Each would suspect that its neighbour had
favoured itself, whether the partiality appeared or not. It
would be impossible to silence these distrusts, and to make
the states sit down satisfied with the justice of each other.
Every new requisition for money, would be a new signal
for discussion and clamour, and the seeds of disunion,
already sown too thick, would be not a Uttle multiplied.
" To guard against these evils, the plan proposes a revi
sion by congress ; but it is easy to be seen, that such a
power could not be exercised. Should any states return
defective valuations, it would be difficult to find sufficient
evidence to determine them such ; to alter would not be
admissible, for congress could have no data which could
be presumed equivalent to those which must have gov
erned the judgment of commissioners under oath, on an
actual view of the premises. To do either this or to re
ject, would be an impeachment of the honour of the states,
which it is not probable there would be decision enough
to hazard, and which, if done, could not fail to excite
serious disgusts. There is a wide difference between a
single state exercising such a power over its own counties,
and a confederated government exercising it over sovereign
states which compose the confederacy. It might also
happen, that too many states would be interested in the
defective valuations, to leave a sufficient number wiUing
either to alter or to reject. These considerations pre
vailed to prevent the plan being adopted by a majority.
" The last plan may be less mischievous than the first, but
it appears to me altogether ineffectual. The mere quan
tity of land granted and surveyed, with the general species
of buildings upon them, can certainly be no criteria to

54 THELIFEOF
determine their value. The plan does not even distinguish
the improved from the unimproved land, the qualities of
soil, or degrees of improvement; the qualities of the
houses and other buildings are entirely omitted. These,
it seems, are to be judged of by the commissioners to be
appointed by each state ; but I am unable to conceive how
any commissioner can form the least estimate of these
circumstances with respect even to his own state, much
less with respect to other states, which would be neces
sary to establish a just relative value. If even there was
a distinction of improved from unimproved land, by sup
posing an intrinsic value in the land, and adopting general
rates, something nearer the truth might be attained ; but
it must now be all conjecture and uncertainty.
" The number of inhabitants, distinguishing white from
black, is called for. This is not only totally foreign to the
confederation, but can answer no reasonable purpose. It
has been said that the proportion of numbers may guide
and correct the estimates ; an assertion purely verbal, and
which has no meaning. A judgment must first be formed
of the value of the lands upon some principle. If this
should be altered by the proportion of numbers, it is plain,
numbers would be substituted to land.
" Another objection to this plan is, that it lets in the par
ticular interests of the states, to operate in the returns of
the quantities of land, number of buildings, and number
of inhabitants. But the principle of this objection applies
less forcibly here, than against the former plan.
" Whoever will consider the plain import of the eighth
article of the confederation, must be convinced that it in
tended an actual and specific valuation of land, buildings,
and improvements — not a mere general estimate, according
to the present plan. While we insist, therefore, upon ad
hering to the confederation^ we should do it in reality, not
barely in appearance.

HAMILTON. 55
" Many of those who voted for this scheme, had as bad
an opinion of it as myself, but they were induced to ac
cede to it by a persuasion that some plan for the purpose
was expected by the states ; and that none better, in the
present circumstances of the country, could be fallen upon.
" A leading rule which I have laid dovm for the direc
tion of my conduct, is this : — that while I would have a just
deference for the expectations of the states, I would never
consent to amuse them by attempts which must either
fail in the execution, or be productive of evil. I would
rather incur the negative inconveniences of delay, than
the positive mischiefs of injudicious expedients. A con
trary conduct serves to destroy confidence in the govern
ment, the greatest misfortune that can befall a 'nation.
There should, in my opinion, be a character of wisdom
and efficiency in all the measures ofthe fcederal council, the
opposite of a spirit of temporizing concession. I would
have sufficient reliance on the judgments of the several
states, to hope that good reasons for not attempting a
thing, would be more satisfactory to them than precipitate
and fruitless attempts.
" My idea is, that taking it for granted the states wiU ex
pect an experiment on the principle of the confederation,
the best plan* will be to make it by commissioners, ap
pointed by congress and acting under their authority.
* In 1 Mad. 318, Madison observes — " Mr. Harailton concurred in" (his)
" views, and wished the valuation to be taken up, in order that its impracti.
oability ani futility might become manifest." This statement is at variance
with these facts. It has been seen that on the 6th January, 1783, Hamilton
offered a resolution for " an eventual valuation." Here again, he urges an
adherence to the confederation, as intending " an actual and specific valua.
tion ;" and in notes for a speech, endorsed on a letter frora Clinton, respect.
ing Vermont, he says — " We are not to suppose that those who made the
confederation, did not consider various plans." — "The states do not pay
taxes, because we do not proceed according ta the confederation." — " Go
according to confederation."

56 THELIFEOF
Congress might, in the first instance, appoint three or more
of the principal characters in each state for probity and
abilities, with a power to nominate other commissioners
under them in each subdivision of the state. General
principles might be laid down for the regulation of their
conduct, by which uniformity in the manner of conduct
ing the business would obtain. Sanctions of such solem
nity might be prescribed, and such notoriety given to every
part of the transaction, that the commissioners could
neither be careless nor partial without a sacrifice of repu
tation. " To carry this plan, however, into effect with sufficient
care and accuracy, would be a work both of time and
expense ; and, unfortunately, we are so pressed to find
money for calls of imrhediate necessity, that we could not
at present undertake a measure which would require so
large a sum.
" To me it appears evident, that every part of a business
which is of so important and universal concern, should be
transacted on uniform principles, and under the direction
of that body which has a common interest. In general, I
regard the present moment, probably the dawn of peace,
as peculiarly critical ; and the measures which it shall pro
duce, as of great importance to the future welfare of these
states. I am, therefore, scrupulously cautious of assenting
to such as appear to me founded on false principles.
" Your excellency wiU observe that the valuation of the
lands is to be the standard for adjusting the accounts for
past supplies, between the United States and the particular
states. This, if adhered to without aUowance for the cir
cumstances of those states which have been more imme
diately the theatre of the war, will charge our state for
the past according to its future ability, when in an entire
condition, if the valuation should be made after we regain
possession of the parts of the state now in the power of

HAMILTON. 57
the enemy. I have, therefore, introduced a motion for re
peating the call in a more earnest manner upon the states
to vest congress with a power of making equitable abate
ments, agreeably to the spirit of the resolution of the
twentieth of February last, which few of the states have
complied with. This motion has been committed. I
know not what wiU be its fate.
" Notwithstanding the opposition I have given, now the
matter has been decided in congress, I hope the state will
cheerfully comply with what is required. Unless each
state is governed by this principle, there is an end of the
union. Every state will no doubt have a right, in this
case, to accompany its compliance with such remarks as
it may think proper.
" After the plan was agreed upon, it was committed to
be put into form ; and when reported, instead of commis
sioners, an alteration was carried for making the estimate
by a grand committee."
" February twenty-seventh. — Mr. Morris has signified to
congress ,his resolution to resign by the first of June, if
adequate funds are not by that time provided. This will
be a severe stroke to our affairs. No man fit for the
office will be wiUing to supply his place for the very rea
sons he resigns. 'Tis happy for us we have reason to
expect a peace. I am sorry that by different accounts it
appears not to have been concluded late in December."
While this subject was under consideration, the question
of providing for the public debt was again brought for
ward. The temper of congress led Hamilton to doubt
whether its policy would be such as the interests of the
nation demanded. He believed that the influence of pub
lic opinion might be beneficially exerted, and he resolved
to endeavour to cause it to be felt.
It is known that the deliberations of the congress of the
confederation were secret. During the earlier periods of
8

58 THELIFEO^
the revolution, this precaution in an assembly exercising
not only legislative but executive powers, was absolutely
necessary. But this necessity was felt by discerning men
not to be the least of the evils attending a govemment by
a single body. The salutary control of public sentiment
was not felt, intrigues often prevailed over the maturest
counsels, and the highest talent mourned the absence of
that great support — the warm sympathies of the people.
Obvious as the consequences of this secrecy were, no at
tempt had been made, during all the long period of the
revolution, to break through it.
It remained for Hamilton to make the first effort in
favour of open debate. He saw the congress sinking
rapidly in public esteem, its recommendations disregarded,
its resolves disobeyed, its counsels misrepresented ; the
fears of the timid, stimulated by the arts of the factious,
viewing it as the theatre of cabals, hostile to liberty, when
in fact, the jealousies of particular states prevented the
exercise of those powers which were essential to the chief
object of its institution — the common defence. He saw
these influences at this moment unusually active, while the
clamours of the public creditors and of the army were
heard at their doors demanding an audience.
He had resorted in vain to private solicitation ; in vain
had he exerted all the powers of eloquent persuasion to
induce a compliance with their just demands. The stern
prejudices of New-Hampshire could not be overcome;
Connecticut was not to be soothed. By those states it
was intended that a most solemn pledge for a most sacred
debt, the price of their independence, should be deliber
ately violated.
On the eighteenth of February, the day appointed to
consider the proposition to raise substantial funds, a call,
which Hamilton seconded, for an estimate of the principal
of the liquidated and unliquidated debt, was followed by

HAMILTON. 59
a motion, in pursuance of instructions frora Connecticut,
asking an account of the naraes and titles of all civil and
diplomatic officers, and a statement of the amount of all
grants for the pay, half-pay, and gratuities, for their past
services. Hamilton felt that the honour of the nation was at stake,
and that it was a question for the nation to decide. He
proposed the foUowing resolution : — " Whereas, it is the
desire of congress that the motives of their deliberations
and measures, (as far as they can be disclosed consistently
with the public safety,) should be fully known to their
constituents — therefore, resolved. That when the establish
ment of funds for paying the principal and interest of the
public debt shall be under the consideration of this house,
the doors shaU be opened."
This resolution was postponed almost without a reply,
for the only answer given to so important a proposition,
was the remark of the delegate from Rhode Island, as to
whom he had reported a vote of censure, " that if the
meraber wishes to display his eloquence, he should address
the people from the balcony."
Immediately after the defeat of this proposal, a report
was made to the house by the grand committee, which
contained a modification of Hamilton's resolution so as
to declare the necessity of permanent and adequate funds,
but omitted the provision that they should be coUected by
congress. In this form it passed by the votes of seven
states, and, on the twenty-first of February, was referred
to a special committee.*
Congress nowf resumed the consideration ofthe claims
of the officers. The committee of which Hamilton was
a member, reported that the officers then in service, and
who should continue until the end of the war, should
* Fitzsimmons, Gorham, Hamilton, Madison, Rutledge. t Feb. 25.

60 THE LIFE OF
receive in commutation of their half-pay, full pay for
 years, either in money, or securities at interest, giv
ing to the Unes of the respective states, and not to the
individual officers, the option of accepting such corarauta
tion. This provision was extended to aU officers who had
retired on a promise of half-pay, and to the widows of
such as should diedin the service.
A motion was made to postpone this report, with a
view to substitute a provision by the states, which was
rejected.* Hamilton then moved to fiU the blank with
five ar)d a half years' pay, as nearer to an equivalent of
fuU pay, on the valuations of lives ; but this motion failed,
and the commutation was established at five years' full
pay. The subject was resumed, and on the 28th of Feb
ruary seven states voted in favour of it. It being a ques
tion which required, by the confederation, the concur
rence of nine states, the provision was not made.
Soon after this vote, Hamilton received a reply to his
letter to Washington, in which will be perceived the con
currence of the coramander-in-chief in the views he had
suggested as to the course to be pursued, though Washing
ton appears not to have entertained equal apprehensions
of the impending comraotions in the army.
Newburgh, 4th March, 1783.
DEAR SIR,
I have received your favour of February ; I thank you
for the information and observations it has conveyed
to me. I shall always think myself obliged by a free com
munication of sentiraents, and have often thought, (but
suppose I thought wrong, as it did not accord with the
practice of congress,) that the public interest might be

* AU of the New England members, one from New Jersey, and one from
Virginia, supported this proposition.

HAMILTON. 61
benefited, if the commander-in-chief of the army was let
more into the political and pecuniary state of our afifairs
than he is. Enterprises and the adoption of military and
other arrangements that might be exceedingly proper in
some circumstances, would be altogether improper in
others. It follows then by fair deduction, that where there is a
want of information, there must be chance-medley ; -and
a man may be upon the brink of a precipice before he is
aware of his danger, when a Uttle foreknowledge might
enable him to avoid it. But this by the by.
The hint contained in your letter, and the knowledge I
have derived from the public gazettes, respecting the non
payment of taxes, contain all the information I have re
ceived of the danger that stares us in the face on account
of our funds ; and so far was I from conceiving that our
finances were in so deplorable a state, at this time, that I
had imbibed idealfe from some source or another, that with
the prospect of a loan from Holland we should be able to
rub along. To you who have seen the danger to which
the army, has been exposed to a poUtical dissolution for
want of subsistence, and the unhappy spirit of licentious
ness which it imbibed by becoming in one or two in
stances its own prpveditors, no observations are necessary
to evince the fatal tendency of such a measure ; but I shall
give it as my opinion, that it would at this day be pro
ductive of civil commotions and end in blood. — ^Unhappy
situation this ! God forbid we should be involved in it.
The predicament in which I stand, as citizen soldier, is
as critical and delicate as can weU be conceived. It has
been the subject of many contemplative hours.
The sufferings of a complaining army on one hand, and
the inability of congress and tardiness of the states on the
other, are the forebodings of evil, and may be productive
of events which are more to be deprecated than prevent-

62 THELIFEOF
ed ; but I am not without hope, if there is such a disposi-
tion shown as prudence and policy dictates to do justice,
your apprehensions in case of peace are greater than there
is cause for. In this, however, I raay be mistaken, if
those ideas which you have been informed are propagated
in the army should be extensive, the source of which may
be easily traced, as the old leaven, it is said, for I have no
proof of it, is again beginning to work, under the mask
of the mo^t perfect dissimulation and apparent cordiality.
Be these things as they may, I shaU pursue the same
steady line of conduct which has governed rae hitherto,
fuUy convinced that the sensible and discerning part of
the army cannot be unacquainted (although I never took
pains to inforra thera) of the services I have rendered it
on raore occasions than one. This, and pursuing the
suggestions of your letter, which I am happy to find coin
cides with my own practice for several months past, and
which was the means of diverting the business of the
army into the channel it now is, leaves rae under no great
apprehensions of its exceeding the bounds of reason and
moderation ; notwithstanding, the prevailing sentiraent in
the army is, that the prospect of compensation for past
services will terminate with the war.
The just claims of the array ought, and it is to be
-hoped wiU have their weight with every sensible legisla
ture in the union, if congress point to their deraands, show
(if the case is so) the reasonableness of them, and the im-
practicabUity of coraplying without their aid. In any
other point of view, it would in ray opinion be irapolitic to
bring the army on the tapis, lest it should excite jealousy
and bring on its concomitants. The states cannot, surely,
be so devoid of comraon sense, coraraon honesty, and cora
mon poUcy, as to refuse their aid on a full, clear, and can
did representation of facts from congress, raore especially
if these should be enforced by members of their own

HAMILTON. 63
body, who might demonstrate what the inevitable conse
quences of failure must lead to. In my opinion, it is
worthy of consideration how far an adjournment of con
gress for a few months is advisable. The delegates, in
that case, if they are in unison themselves respecting the
great defects of their constitution, may represent them
fuUy and boldly to their constituents. To me, who know
nothing of the business before congress, nor of the arca
num, it appears that such a measure would tend to pro
mote the public weal ; for it is clearly my opinion, unless
congress have powers competent to all general purposes,
that the distresses we have encountered and the blood we
have spilt in the course of an eight years' war, wiU avail
us nothing. — The contents of your letter is known only to
myself, and your prudence wiU dictate what should be
done with this. With great esteera and regard.
On the day after the date of this letter, Hamilton wrote
to Washington, suggesting a plan, through a confidential
person, for arresting two raen of the narae of Knowlton
and Wells, residents of Vermont, charged with being in
correspondence with the enemy. A surmise that the vote
for their detection had been comraunicated to thera by a
member of congress, added to the motives for their arrest.
A resolution was afterwards passed, requesting the execu
tives of the states of New-Hampshire, Massachusetts, Con
necticut, and New- York, to take measures to bring to trial
the persons charged with these treasonable practices.
The deputation from the army, aftfir an attendance on
congress of nearly two months, informed it, " that nothing
of any moment had been decided for them." Their letter
reached the camp at the sarae time with the information
that preliminary articles of peace had been concluded.
This inteUigence, hailed with delight throughout the coun-

64 THELIFEOF
try, gave to the army a keener sense of injury. Peace,
which their valour had won, they believed would dissipate
aU prospect of the adjustment of their demands. Under
this irapression, their discontents, which had been a long
time increasing, broke forth ; and at this moraent of dan
gerous exciteraent, the event which Harailton had antici
pated in the preceding letter occurred.
On the tenth of March, an anonymous notice was cir
culated, caUing a meeting of the general and field-officers
and of a commissioned officer of each company, on the fol
lowing day, "to consider what measures, if any, should
be taken to obtain that redress of grievances which they
seem to have solicited in vain.''
At the same raoraent another paper without a signature
was clandestinely circulated, addressed to the angered
feelings of the officers.
After remarking that "he had till lately, very lately,
believed in the justice of his country," the writer ap
pealed to the resentraent of the array, and asked — Is
it "a country wiUing to redress your wrongs, cherish
your worth, and reward your services ? Is this the
case ? Or is it rather a country that traraples upon
your rights, disdains your cries, and insults your dis
tresses ? If this be then your treatraent while the swords
you wear are necessary for the defence of Araerica, what
have you to expect from peace, when your voice shall
sink, and your strength dissipate by division ? — when
those very swords, the instruments and companions of
your glory, shaU be taken frora your sides, and no remain
ing raark of military distinction left, but your wants, in
firmities, and scars ?" — " If your spirits should revolt at
this ; if you have sense enough to discover and spirit suf
ficient to oppose TYRANNY, whatever garb it may assume,
— if you have yet learned to discriminate between a peo
ple and a cause, between men and principles — awake, at-

HAMUTON. 65
tend to your situation, and redress yourselves ! If the
present raoraent be lost, every future effort is in vain, and
your threats' then, will be as empty as your entreaties now.
I would advise you, therefore, to come to some final opin
ion upon what you can bear and what you can suffer.
If your determination be in any proportion to your
wrongs, carry your appeal from the justice to the fears
of government — change the milk-and-water style of your
last memorial — assume a bolder tone, decent, but lively,
spirited, and determined ; and — suspect the Man, who
would advise to more moderation and longer forbearance."
" That in any political event, the army has its alternative —
if peace, that nothing shall separate them from their arms
but death ; if war, that, courting the auspices and inviting
the direction of their illustrious leader, they wiU retire to
sorae unsettled country, sraile in their turn, and "mock
when their fear cometh von." " But were their requests
complied with — in war, they would foUow the standard
of congress to the field ; and when it carae to an end,
would withdraw into the shade, and give the world an
other subject of wonder and applause — an army, victorious
over its enemies, victorious over itself."
To prevent any intemperate or dangerous resolutions
being taken at this perilous moment, while their passions
were all inflamed, Washington the following morning is
sued a general order disapproving " these disorderly pro
ceedings," and convening the officers on the 15th of March,
to exercise a " mature deliberation."
The evening of the day on which this order was issued,
a second anonymous address was circulated. In this pa
per, after urging that "suspicion, detestable as it is in
private life, is the loveliest trait of political characters,"
the writer artfully suggests that the general order of
Washington ought to be deemed an approval of his pre
vious address, " as giving systera to their proceedings and
9

66 THELIFEOF
stability to their resolves, and furnishing a new motive for
that energy which had been recommended."
This insidious attempt to keep alive the irritation of the
army, and prepare thera for violent measures, it required
all the address and the influence of the commander-in-
chief to parry. He at this moraent unbosoraed himself
to Hamilton, indicating that he had adopted the wise
course suggested to him, that " of taking the direction of
the measures to procure redress." Newburgh, March 12th, 1783.
DEAR SIR,
When I wrote to you last, we were in a state of tran
quillity, but after the arrival of a certain gentleman, who
shall be nameless at present, from Philadelphia, a storm
very suddenly arose, with unfavourable prognostics, which,
though diverted for a raoraent, is not yet blown over, nor
is it in my power to point to the issue. The papers which
I send officially to congress, will supersede the necessity
of my reraarking on the tendency of thera. The notifica
tion and address both appeared at the sarae instant ; on
the day preceding the intended raeeting, the first of these
I got hold of the same afternoon — the other, not tiU the
next morning.
There is soraething very mysterious in this business.
It appears, reports have been propagated at Philadelphia,
that dangerous corabinations were forraing in the army,
and this at a time when there was not a syllable of the
kind in agitation in camp.
It also appears, that upon the arrival in camp of the
gentleman above alluded to, such sentiraents as these were
immediately circulated : — That it was universaUy expected
the array would not disband until they had obtained jus
tice. That the public creditors "looked upon thera for
redress of their own grievances, would afford them every

HAMILTON. 67
aid, and even join them in the field, if necessary ; that
some raembers of congress wished the measure might take
efifect, in order to compel the public, particularly the de
linquent states, to do justice ; with many other suggestions
of a similar nature.
Frora this, and a variety of other considerations, it is
firmly believed by scmie, the scheme was not only planned,
but also digested ahd raatured at Philadelphia ; by oth
ers, that it is the iUegitiraate offspring of a person in the
array ; but ray own opinion shall be suspended tiU I have
better ground to found one on. The raatter was raanaged
with great art ; for as soon as the minds of the officers
were thought to be prepared for the transaction, the
anonymous invitations and address to the officers were
put in circulation through every state line in the army. I
was obliged, therefore, in order to arrest on the spot the
feet that stood wavering on a treinendous precipice, to
prevent the officers from being taken by surprise, while
the passions were all inflaraed, and to rescue them from
plunging themselves into a gulf of civil horror from
which there raight be no receding, to issue the order of
th6 eleventh. This was done upon the principle that it is
easier to divert from a wrong, and point to a right path,
than it is to recall the hasty and fatal steps which have
been already taken.
It is commonly supposed, if the officers had met agree
ably to the anonyraous suramons, with their feelings aU
alive, resolutions might have been formed, the conse
quences of which raay be raore easily conceived than
described. Now they wiU have leisure to view "the raat
ter more calmly, and wiU act raore seriously. It is to be
hoped they will be induced to adopt more rational meas
ures, and wait a while longer for a settlement of their
accounts, the postponing of which ap'pears to be the most
plausible, and almost the only article of which designing

68 THELIFEOF
men can make an improper use, by insinuating (which
they really do) that it is done with the design that peace
may take place, and prevent any adjustraent of accounts
which, say they, would inevitably be the case if the war
were to cease to-morrow ; or supposing the best, you
would have to dance attendance at public offices at great
distances, perhaps, and equaUy great expenses to obtain a
settlement, which would be highly injurious, nay, ruinous
to you.
This is their language. Let me beseech you therefore, my
good sir, to urge this matter earnestly, and without further
delay. The situation of these gentlemen, I do verily beheve,
is distressing beyond description. It is affirmed to me,
that a large part of thera have no better prospect before
thera than a jail, if they are turned 16ose without Uquida-
tion of accounts, and an assurance of that justice to which
they are so worthily entitled. To prevail on the delegates
of those states through whose raeans these difficulties oc
cur, it raay, in my opinion, with propriety be suggested
to thera, if any disastrous consequences should follow by
reason of their delinquency, that they must be answerable
to God and their country for the ineffable horrors which
may be occasioned thereby.
P. S. — I ara this instant informed that a second address
to the officers, distinguished No. 2, is thrown into circula
tion. The contents evidently prove, that the author is in
or near camp, and that the foUowing words, erased on the
second page of this letter, ought not to have met with this
treatment, viz. : " By others, it is the illegitimate offspring
of a person in the array."
On the receipt of this communication, Hamilton replied,
giving a lively exhibition of his feelings and of the public
afifairs.

HAMILTON. 69

Philadelphia, March 17th, 1783.
SIR, I am duly honoured with your excellency's letters
of the fourth and twelfth instant. It is rauch to be regret
ted, though not to be wondered at, that steps of so inflam
matory a tendency have been taken in the army. Your
excellency has, in my opinion, acted wisely. The best
way is ever, not to attempt to stem a torrent, but to
divert it.
I am happy to find you coincide in opinion with me on
the conduct proper to be observed by yourself. I ara
persuaded more and raore, it is that which is raost con
sistent with your own reputation and the public safety.
Our affairs wear a most serious aspect, as well foreign as
domestic. Before this gets to hand, your excellency will
probably have seen the provisional articles between Great
Britain and these states. It might, at first appearance,
be concluded that these will be preludes to a general
peace. But there are strong reasons to doubt the truth
of such a conclusion. Obstacles may arise from different
quarters — from the demands of Spain and Holland, from
the hope in France of greater acquisitions in the east, and
perhaps stiU more probably, from the insincerity and du
plicity of Lord Shelburne, whose politics, founded in the
peculiarity of his situation, as well as the character of the
man, may well be suspected of insidiousness. I ara reaUy
apprehensive, if peace does not take place, that the nego
tiations will lead to sow distrust araong the allies, and
weaken the force of the coraraon league. We have, I
fear, men among us, and men in trust, who have a hanker
ing after British connection. We have others, whose
confidence in France savours of credulity. The intrigues
of the forraer, and incautiousness of the latter, may be
both, though in different degrees, injurious to the Araeri-

70 THELIFEOF
can interest, and make it difficult for prudent men to steer
a proper course.
There are delicate circurastances with respect to the
late foreign transactions, which I am not at liberty to re
veal, but which, joined to our internal disorders, follies,
weaknesses, and prejudices, make this country stand upon
precarious ground. Some use, perhaps, may be raade of
these ideas to induce moderation in the army. An opin
ion that this country does not stand upon a secure footing,
will operate upon the patriotisra of the officers against
hazarding any domestic commotions. When I make these
observations, I cannot forbear adding, that if no excesses
take place, I shall not be sorry that iU humours have ap
peared. I shaU not regret importunity, if teraperate, from
the array.
There are good resolutions in the raajority of congress,
but there is not sufficient wisdom or discretion. There
are dangerous prejudices in the particular states, opposed
to those measures which alone can give stabiUty and
prosperity to the union. There is a fatal opposition to
continental views. Necessity alone can work a reform ;
but how apply it, and how keep it within salutary bounds 1
I fear we have been contending for a shadow. The affair
of accounts I considered as having been put upon a satis
factory footing. The particular states have been required
to settle 'till the first of August, '80, and the superin
tendent of finance has been directed to take raeasures for
settling since that period. I shall immediately see him on
the subject. We have had eight states and a half in
favour of a commrautation of the half-pay, for an average
of five years' purchase ; that is, five years' full pay, instead
of half-pay for life ; which, on a calculation of annuities,
is nearly an equivalent. I hope this will now shortly take
place. We have raade considerable progress in a plan, to
be recoraraended to the several states, for funding aU of

HAMILTON. 71
the public debts, including those of the army ; which is
certainly the only way to restore public credit, and enable
us to continue the war, by borrowing abroad, if it should
be necessary to continue it.
I omitted mentioning to your exceUency, that from
European intelligence, there is great reason to believe at
aU events, peace or war. New- York wiU be evacuated in
the spring. It wiU be a pity if any domestic disturbance
should change the plans of the British court.
P. S. — Your excellency mentions, that it has been sur
mised the plan in agitation was formed in Philadelphia ;
that combinations have been talked of between the public
creditors and the array, and that members of congresa
had encouraged the idea. This is partly true. I have
myself urged in congre.ss the propriety of uniting the in
fiuence of the public creditors, and the army as a part of
them, to prevail upon the states to enter into their views.
I have expressed the same sentiments out of doors. Sev
eral other members of congress have done the same. The
meaning, however, of aU this was, simply that congress
should adopt such a plan as would embrace the relief of
all the public creditors, including the army, in order that
the personal influence of some, the connections of others,
and a sense of justice to the army, as weU as the appre
hension of iU consequences, might forra a raass of influence
in each state in favour of the measures of congress. In
this view, as I mentioned to your excellency in a former
letter, I thought the discontents of the array raight be
turned to a good account. I ara still of opinion that their
earnest but respectful applications for redress wiU have a
good eflfect. As to any combination oi force, it would
only be productive of the horrors of a civil war, might
end in the ruin of the country, and would certainly end
in the ruin of the army."

72 THELIFEOF
The officers assembled on the appointed day, and Gates,
the second in command, whose intrigues were suspected,
was called to preside. They met in an humble school-
house, on an acclivity that rises from the Hudson, yet
bound in fetters — for winter stiU raaintained her sway
araong the raountains, which overcast the scene with their
long and gloomy shadows.
AU around them was rugged and drear, in unison with
the stern and indignant sense of unrewarded sacrifices,
broken faith, and baffled hopes, which lowered over their
countenances. Washingfon, who had never been greeted but with af
fection, was received with cold and calm respect. It
appeared as though sedition had felt it necessary to com
mence her secret work by engendering suspicions against
the Father of his country ! — He arose : he felt the es
trangement — he paused, and he doubted of the issue. As
he uncovered his venerated head, and was about to address
them frora a written paper in his hand, his eye grew dim,
and he uttered this pathetic, unpreraeditated remark : —
"FeUow-soldiers, you perceive I have not only grown
gray, but blind in your service." After commenting on
the irapropriety of the anonyraous papers, addressed more
to the feelings and passions, than to the reason and judg
ment of the army, he repeUed the insidious imputation on
hiraself: — " The author of the piece should have had more
charity than to mark for suspicion the man who should re
commend raoderation and longer forbearance, or, in other
words, should not think as he thinks, and act as he ad
vises. But he had another plan in view, in which can-
dour and liberality of sentiraent have no part, and he was
right to insinuate the darkest suspicions to eflfect the black
est designs  ' But how,' after indicating the object
of these addresses, ' but how are the interests of the army
to be promoted ? The way is plain,' says the writer, — 'If

HAMILTON. 73
war continues, remove into the unsettled country ; there
establish yourselves, and leave an ungrateful country to
defend itself.' But whora are they to defend ? Our.wives,
our children, our farms and other property, which we
leave behind us ? Or in the state of hostile separation, are
we to take the two first, (the latter cannot be removed,)
to perish in a wilderness with hunger, cold, and nakedness ?
If peace takes place, ' never sheathe your swords,' says
he, ' until you have obtained full and araple justice.' This
dreadful alternative, of either deserting our country in the
extreraest hour of her distress, or turning our arms against
it, which is the apparent object, unless congress can be
corapelled into instant corapliance, has soraething so shock
ing in it that humanity revolts at the idea. My God ! what
can this writer have in view, by recoramending such raeas
ures ? Can he be a friend to the army ? Can he be a
friend to the country 1 Rather, is he not an insidious foe ?
some emissary, perhaps, from New- York, plotting the ruin
of both, by sowing the seeds of discord and separation
between the civil and military powers of the continent ?'*
Recurring to the insidious imputation which he felt was
levelled directly at hiraself, he remarked — " With respect to
the advice given by the author, ' to suspect the raan who
shall recommend moderation and longer forbearance,' /
spurn at it, as every raan who regards that liberty and re
veres that justice for which we contend, undoubtedly raust."
After this strong avowal of his conterapt for this attack up
on himself, and after renewing the pledge of his exertions in
their behalf, he concluded : — " Let me conjure you, in the
name of our coraraon country, as you value your own
sacred honour, as you respect the sacred rights of huraani
ty, and ^s you regard the military and national character
of America, to express your utmost horror and detestation
of the man who wishes, under any specious pretences, to
overturn the liberties of our country, and wha wickedly at-
10

74 THELIFEOF
tempts to open the flood-gates of civil discord and deluge our
rising empire with blood !"
Awed by the majesty of his virtue, and touched with
his interest in their suflferings, every soldier's eye was filled
with a generous tear ; they reproved themselves for having
doubted him who had never deceived them ; they forgot
their wrongs, in the love of their country and of their
chief; their first act was to reciprocate thanks for the
affection he had shown them ; their next, to declare " their
unshaken confidence in the justice of congress and their
country," and their " abhorrence and disdain" at the infa
mous propositions contained in the late address and machi
nations of designing men, " to sow" discord between the
civil and military powers bf the United States."
The conjecture in the erased paragraph of Washington's
letter to Hamilton, fell upon a person at that time in the
family of General Gates ; but though pubUc opinion had
fixed the address upon him, its source was not for a long
tirae acknowledged.
It was at last pubUcly avowed by Major John Arm
strong, then the aid-de-camp and instrument of Gates,
accorapanied with a vindication of his motives.* In this
publication, the extract of a letter from Gates to Arm
strong is given, in which he says — " As Gordon is an old
friend and an honest man, I have answered him frankly,
that the letters were written in my quarters by you, copied
by Richmond and circulated by Barker, and were intended
to produce a strong reraonstrance to congress in favour
of the object prayed for in a former one, and that the
conjecture that it was meant to ofifer the crown to Ceesar.t
* Subsequently appointed by Jefferson minister to France, and secretary
at war by Madison.
t In May, 1782, Colonel Nicola wrote to Washington suggesting the in
troduction of a monarchy, and was indignantly rebuked. In a note upon
this correspondence, 8 Washington's WriUngs, 302, this comment is found :-

HAMILTON. 75
was without any foundation." Thus is confirmed the sus
picion alluded to by Washington, that "the old leaven
was at work."
Gates is exhibited in the extraordinary position of pre
siding at the meeting of officers, and signing resolutions
which denounced, " as a machination of designing raen to
sow discord between the civil and military powers of the
United States," a production written in his own quarters,
by his own aid, and with every step in the progress where
of to publicity he was familiar — a procedure he described
as iperely " intended to produce a strong remonstrance to
congress" in behalf of the army.
Upon the reception of the intelligence frora head-quar
ters of the conclusion of this affair. Colonel Hamilton in
troduced a report, which was adopted, paying a just tribute
to Washington and the officers. " That congress consider
the conduct of the comraander-in-chief on the occasion
of sorae late attempts to create disturbances in the array,
as a new proof of his prudence and zealous attention to
the welfare of the community ; that he be informed that
congress also entertain a high sense of the patriotic senti
ments expressed by the officers in their proceedings, which
evince their unshaken perseverance in those principles

" There was unquestionably at this time, and for some time afterwards,
a party in the army, neither small in number nor insignificant in character,
prepared to second and sustain a measure of this kind, which they conceived
necessary to strengthen the civU power and draw out the resources of the
country, and establish a durable government." It is raore probable that this
letter originated in a plot lo rum Washington, of which Nicola, a weak and
aged foreigner, was the ignorant instrument. No evidence has been met
with of the existence of such a party in the array. Indeed, such a design
was too preposterous to have been seriously entertained. One of the most
pleasing traits of Washington's character was, his affection and confidence
m the ofiicers of the revolution. One of these was the object of his abhor.
rence, and that one, it will appear, entertained such opinions. But he was at
this period, if not " insignificant in character," a person of Uttle weight.

76 THELIFEOF
which have distinguished them in every period of the
war, and have so justly entitled the troops of the United
States to the esteem and gratitude of their country, and
to the character of a patriot army."
The termination of the contest now presented to the
contemplation of Hamilton many and most serious reflec
tions as to the future condition of the confederacy. He
felt all the value of Washington to his country, and thus
adverted to the great part which he would be called on to
perform in giving strength and durability to the Union.
" Your exceUency wiU, before this reaches you, have re
ceived a letter from the Marquis de La Fayette, inform
ing you, that the preliminaries of peace, between all the
beUigerent powers, have been concluded. I congratulate
your excellency on this happy conclusion of your labours.
It how only remains, to make solid establishments within,
to PERPETUATE OUR UNION, to prcvont our being a ball in
the hands of European powers, bandied against each other
at their pleasure ; in fine, to raake our independence truly
a blessing. This, it is to be lamented, wUl be an arduous
work ; for, to borrow a figure from raechanics, the centri
fugal is much stronger than the centripetal force in these
states. The seeds of disunion are much more numerous
than those of union. I wiU add, that your excellency's
exertions are as essential to accomplish this end, as they
have been to establish independence. I wiU upon a future
occasion open myself upon this subject. Your conduct in
the affair of the officers is highly pleasing here. The
measures of the army are such as I could have wished
them, and wiU add lustre to their character, as weU as
strengthen the hands of congress."
On the thirty-first of March, General Washington re
plied : —

THELIFEOF 77
"dear SIR,
" I have duly received your favours of the 17th and
24th ult. I rejoice most exceedingly there is an end to
our warfare, and that such a field is open to our view,
as wiU, with wisdom to direct the cultivation of it, make
us a great, a respectable, and a happy people ; but it must
be improved by other means than state politics, and unrea
sonable jealousies and prejudices, or, (it requires not the se
cond-sight to see that) we shaU be instruments in the hands
of our enemies, and those European powers who raay be
jealous of our greatness in union, to dissolve the confedera
tion ; but to attain this, although the way seems extreiriely
plain, is not so easy. My wish to see the union of these
states established upon liberal and permanent principles,
and inclination to contribute my mite in pointing out
the defects of the present constitution, are e(]ually great.
All my private letters have teemed with these sentiments,
and wherever this topic has been the subject of conversa
tion, I have endeavoured to diffuse and enforce them ; but
how far any further essay by me might be productive of
the wished-for end, or appear to arrogate more than be
longs to me, depends so much upon popular opinion, and
the temper and disposition of people, that it is not easy
to decide. I shall be obUged to you, however, for the
thoughts which you have promised me on this subject,
and as soon as you can make it convenient. No man in
the United States is or can be more deeply impressed with
the necessity of a reform in our present confederation,
than myself. No man, perhaps, has felt the bad effects of
it more sensibly ; for to the defects thereof, and want of
powers in congress, may justly be ascribed the prolonga
tion of the war, and, consequently, the expenses occasion
ed by it. More than half of the perplexities I have ex
perienced in the course of my command, and almost the
whole of the difficulties and distress of the army, have

78 THELIFEOF
their origin here ; but still, the prejudices of some, the de
signs of others, and the mere machinery of the majority,
makes address and management necessary to give weight
to opinions which are to combat the doctrines of these
different classes of raen in the field of politics. I would
have been more full on this subject, but the bearer (in the
clothing department) is waiting.
" I wish you may understand what I have written."
The friends of the array had continued to press their
clairas. When the forraer yote was taken in relation to
thera, Delaware was not represented. Her delegates were
induced to proceed to Philadelphia, and on the tenth of
March, the day upon which the seditious notice was issued
at Newburgh, the report having been so amended as to
orait a provision for the widows of the officers who should
die in the service, the question was again taken, and eight
states voted in* favor of it. A few days after this deci
sion, intelligence was received of the alarming proceed
ings at Newburgh, and those whora gratitude and a sense
of justice had not influenced, yielded to their fears. But
at the last moment a serious difficulty arose from an ap
prehension of the injurious effect upon the public credit
which might result from the sudden alienation, at an under
value, of so large a raass of certificates, and it was pro
posed that they should not be transferable. The delega
tion frora the army spurned the idea, justly asked if they
were not freemen, if the balances were not their property,
and insisted to be placed on the same footing with every
other creditor. This objection was too forcible to be an
swered. It prevailed, and on the twenty-second of March,
nine states concurred in granting a commutation. The

*The vote of Connecticut was divided; New-IIampshiro, Rhode Island,
and New-Jersey, (Boudinot excepted,) voted against it.

HAMILTON. 79
resolution making this grant, stated that congress was de
sirous as well of gratifying the reasonable expectations of
the officers of the army, as of removing all objections
which may exist in any part of the United States to the
principle of the half-pay estabUshment, for which the faith
of the United States had been pledged ; persuaded that
those objections can only arise from the nature of the
compensation, not from any indisposition to compensate
those whose services, sacrifices, and sufferings, have so
just a title to the approbation and rewards of their coun
try.* This resolution was from the pen of Hamilton.
Thus he was the instrument of accomplishing that meas
ure which he had suggested in the formation of the mili
tary establishment ; triumphing over the reluctant justice
of the states, and discharging that sacred debt, his in
terest in which, delicacy had induced him to reUnquish.f
* The resolution granted securities for five years' full pay, bearing tin in
terest of six per cent. ; to be such as were to be given to Uie other pubUc
creditors. The army demands now assumed the form of a settled debt ; and
tliough tlie requisitions of congress were unsuccessful, several states for a
long time paid the stipulated interest.
t Previous to the discussion of the army claims, he addressed a note to the
secretary at war, renouncing his claim to half.pay.

80 THELIFEOF

CHAPTER XVIL
[1783.]
The inteUigence of peace diffused a general joy through
out the Araerican continent.
The arduous conflict was ended ; and without any de
grading circurastance, or any sacrifice of national honour,
the sovereignty of the United States was acknowledged.
France also stood in a commanding position, enjoying
the singular distinction of having proraoted the indepen
dence of the two greatest repubUcs in the old and new
world — relieving the United Provinces in their struggle
with Spain, during the reign of Henry the Fourth, and
aiding the revolution of these united colonies in that of
Louis the Sixteenth.
When adverting to these circumstances, the similar
policy pursued by either potentate, arrests attention.
Henry was in treaty with Spain ; Louis, with England.
Both hesitated* as to the obligations of these treaties ;
both disregarded thera. Each commenced with secret
aids ; each terminated in open war ; nor were the results
unlike. In both instances, France was actuated by mo-

* Louis, with a prophetic fear, was opposed to this interference ; an opin.
ion in which Turgot concurred. Maurepas and Vergennes, sustained by
the jurists Favier and Pfeffel, took the opposite view. Hume justly con.
trasts the conduct of James the First with that of Henry. — History of Great
Britain, v. 6, p. 23. Sully reproaches him for not having foUowed the ex.
ample of France. " But what can be expected from persons who neither
know how to seize opportunities as they offer, to execute any thing boldly,
or even to desire any thing with steadiness ?" — Lib. 24.

HAMILTON. 81
tives of policy ; in both, she deceived her ally ; in
neither, did she derive any permanent benefit frora her
intervention. Monarchs change, but centuries produce few changes in
the morals of despotic courts.
The attention of congress had been withdrawn by this
event from the provision for the public debt, and from the
urgent claims of the army.
The influence exerted by Hamilton in determining the
subsequent policy of the United States towards other na
tions, and the decisive bearing which that policy had, both
upon his own fortunes and upon those of this country, in
dicate the necessity of a retrospect of sorae of the lead
ing circumstances which mark the character of our early
diploraacy. If this retrospect should at first be deeraed
too wide a departure frora his iraraediate history, after
events wiU show that it is indispensably necessary to a fuU
ooraprehension of his public services, and that justice to his
character demands it.
It is a painful fact in the history of almost every strug
gle for freedom, that the oppressed party has been com
pelled, as an equivalent for the assistance it has received,
to sacrifice a part of the independence for which it was
contending, either by direct stipulations of advantage to
its ally, or by the more injurious consequences of popular
feeling, in which hatred of an enemy produces too strong
a bias to a friend.
That which is not wrested from dependence, is clairaed
as the due concession of gratitude ; a clp.im which those
who aspire to lead the pubhc sentiment, are too ready to
encourage, and which the friends of national character
find it difficult to resist. This evU would be greater and
more apparent in the history of the United States, as theirs
was an alUance with an absolute government, which could
feel no sympathies with the principles of the American
11

82 THELIFEOF
controversy against a na1;ion in whose constitution and
morals those principles had their source.
As early as Septeraber, seventeen hundred and seventy-
five, measures were under consideration for obtaining
foreign succour ; and for that purpose, a committee of se
cret correspondence was appointed, of which Benjamin
FrankUn was chairman.
This coraraittee selected Arthur Lee, of Virginia, the
agent of the colony of Massachusetts, then residing in
London, as the raediura of coraraunication. He disclosed
his coramission to the envoy of France, who immediately
apprised his government. The dissensions in the AmeriS
can colonies had early presented themselves to the court
of VersaiUes, as an opportunity to weaken her powerful
neighbour ; and scruples as to the violation of a subsisting
treaty were overcome by the strong motive of a supposed
national interest. Uncertain as to the issue of the contro
versy, France, it has been observed, adopted the policy of
granting secret aids — aids so limited, as to indicate a dispo
sition rather to foster an embarrassing quarrel, than to
assist in founding an erapire. But the sarae foresight
which prompted congress in July, seventeen hundred and
seventy-six, to declare the independence of the United
States, anticipated its recognition by France as one of the
certain consequences of that raeasure ; and in the same
month a plan of treaty with that power was framed. It
was acted upon in the ensuing September, and Frankhn,
Deane, and Lee, were elected commissioners to represent
their country at VersaUles.
This plan provided, that each nation should commerce
with the other on the footing of " natives ;" for the mutual
protection of this comraerce, with the exception of certain
articles enumerated as contraband ; for the retention by
France of her existing fisheries, with a stipulation that
neither party should interfere with the fishing-grounds of

HAMILTON. 83
the other, on pain of confiscation. It further provided,
that France should not under any pretence possess her
self of any of the territories then or lately under the do
minion of Great Britain, on or near the North Araerican
continent, it being the declared intention of the United
States to have the sole and exclusive possession of them.
It secured access, on the same terms with France, to such
of the British West Indies as she might capture ; gave
perraission of free access, by the men-of-war and priva
teers of either party, to the ports of the other, excluding
from thera any captures frora either nation by an enemy ;
with the right also of unmolested trade by either party
frora its own to the ports of an enemy of the other, or
frora one of that eneray's ports to another. It also pro
vided for an exeraption frora duty, in the French islands,
on raolasses shipped to the United States, and that the
duties on articles in those islands, when sent there, should
not exceed the lowest duties upon the same articles when
shipped to France.
The instructions which accorapanied this plan, authorized
the substitution of a commerce on the footing " of the most
favoured nation," if France objected to that of " natives ;"
a waiver of other of the proposed articles upon certain con
tingencies ; and urged a public acknowledgraent by France
of the independence of the United States, with assurances
to Spain not to interfere with her colonial dependencies.
Additional instructions were subsequently given, to take
raeasures to prevent the employraent by England of fo
reign raercenaries, offering an entire exclusion of her from
the American fisheries, with a participation in them to
France, and an assurance of aid in the reduction of the
British West Indies, then to belong to France, as induce
ments to obtain a declaration of war. The sarae commis
sioners were instructed to negotiate a treaty of coraraerce
and alUance with Spain ; for which purpose they were di-

84 THELIFEOF
rected to promise aid in the reduction of Pensacola, with
an express reservation to the United States of the use of
its harbour, and of the free navigation of the Mississippi.
Measures were also taken to form treaties with Prussia,
Austria, and Tuscany.
These propositions were coldly received by France.
The issue of the last war with Great Britain, while it
stimulated to revenge, inspired caution. But the difficulty
of concealing her co-operation increased ; and when the
surrender of Burgoyne and the onset at Germantown
gave evidence of the vigour and resources of America,
she resolved to throw off the mask. An interview was
held with the American comraissioners : the terms of the
proposed treaty were considered ; and after an interval,
during which an answer was received from Spain refusing
to unite in the measure, a treaty of amity and commerce
was concluded with the United States, on the sixth of Feb
ruary, seventeen hundred and seventy-eight.
By this treaty, each party was placed on the footing of
" the most favoured nation." SiraUar stipulations for mu
tual protection and faciUty of intercourse, were made with
those in the original plan ; an article was added, granting
to each nation the liberty of raaintaining in the ports of
the other a consular estabUshraent, to be regulated in its
functions by a convention ; and another, by which France
proraised to grant one or more free ports in Europe, and
to continue the free ports which had been, or were then,
open in the West Indies. The article as to molasses was
objected to, but ultimately permitted to reraain on the grant
as an equivalent, that all merchandise shipped directly from
the United States to the sugar-producing islands, should be
free of duty ;* that excluding France from possessing
* The American commissioners were Franklin, Deane, and Lee. Lee at
first decUned to sign, from an objection to that article of the coraraercial

HAMILTON. 85
herself of any of the territories or islands then or lately
under the dominion of Great Britain on or near the North
Araerican continent, was dissented from and abandoned.
A treaty of alliance, eventual and defensive, was also
formed. It provided, that coraraon cause should be made
if war should break out between France and Great Britain
during the continuance of the war between her and North
Araerica. It declared that the essential and direct end
of this alliance was the liberty and independence of the
United States, both in government and commerce ; that
acquisitions by the United States in the northern parts of
Araerica, or of the Berraudas, should belong to them, and
renounced, on the part of France, the possession of those
islands and of all the North Araerican territory previously
or then belonging to Great Britain or to the United States.
AU British islands situated in or near the Gulf of Mexico,
if captured by France, were to appertain to her.
An article was inserted, at the instance of the Araerican
comraissioners, that no peace or truce was to be concluded
with Great Britain by either party without the formal
consent of the other ; and a mutual engagement was made,
treaty which had been inserted as an equivalent for the exemption of raolas
ses, an objection which had been approved by Ralph Izard, the coraraissioner
to Tuscany. FrankUn did not attach rauch importance to this exception,
but with a view to unanimity, asked of the French court an omission of
these articles. France, although she had expressed an indifference as to
their introduction, insisted on retaining them, and they were inserted.
The views of Lee were approved by congress, and on the ratification of the
treaty, these articles were rejected by au almost unanimous vote, and subse.
quently expunged.
The otjections were, that by this article, " the French might lay what
duty they pleased on their European exports, and upou sugar, coffee, and
other productions of their islands, without any check. For if, in consequence
of any such duty imposed by thera, a duty were to be laid by America on
any of her exports to France, the French vessels would have nothing to do
but to clear out for the West Indies, and saU directly for Europe, or touch
first at one of their islands."

86 THELIFEOF
" not to lay down their arms until the independence of the
United States shaU have been formally or tacitly assured
by treaty." It excluded all claim of compensation on
either side, and contained a rautual guarantee against aU
other powers from its date forever — on the part of the
United States to France, of her present possessions in
America, or those she raight acquire by a future treaty of
peace ; and on the part of France to the United States,
of their liberty, and independence of governraent and
commerce, and aU their possessions, and the conquests
they should have made from Great Britain during the ex
isting war, as the sarae " shaU be affixed at the raoraent of
its cessation."
To define raore expUcitly the sense of this guarantee, it
was declared, that in case of a rupture between France
and England, it was to take effect from the moment of
that occurrence. If such rupture did not occur, then it
was not to take effect " until the cessation of the war be
tween the United States and England shall 'have ascer
tained their possessions."
A separate and secret article was added, by which Spain
was entitled to accede to these treaties and participate in
these stipulations at such tune as she should judge proper,
with an engageraent to adrait such alterations, analogous to
the aim of the alliance, as Spain or the United States may
propose, and shall be deeraed conformable with recipro
city. This treaty, containing such important provisions,
was fraraed by France wdthout having been anticipated by
the United States, was presented to the American com
missioners the first time on the eighteenth, was assented
to on the twenty-seventh of January, and signed on the
sixth of February, simultaneously with the treaty of com
merce. These compacts have been eulogized as evidences of the
raagnaniraity of France, and have been pronounced raore

HAMILTON. 87
beneficial to the United States than to their ally. The
only adequate raotives that can be ascribed to France for
making them were, to abridge the power of a rival, to en
large her coramercial relations with a new and growing
country, and to secure permanently her American posses
sions. The first result she anticipated from a contest in
which she knew the United States must prevail ; as to the
second, although she was too wise to excite jealousy by
very unequal terms, she secured to herself /oreuer the ad
vantage of a trade, on the privileges of " the mosi favored
nation," with a young, growing, and extensive erapire, with
out giving any essential coramercial equivalents. But the
third, although it appeared to be a measure of reciprocity,
was largely in her favour. She guarantied to the United
States their sovereignty and independence ; as an equiva
lent for which, they guarantied her West India possessions.
Whenever the independence of the United States should be
obtained, as it was not within the calculation of probabili
ties that it would ever again be at hazard, the guarantee
of France would be nominal, while that of the French
islands would be operative in every maritime war in
which France might be engaged, would be an effectual
protection of them by means of the future power of this
republic, and raight involve it in controversies in which it
had not only no mutual, but, perhaps, an opposite interest.
Upon the conclusion of this treaty, Gerard was ap
pointed minister plenipotentiary to the United States,
where he arrived in the raonth of July. Silas Deane was
recalled, John Adams substituted for him, and Franklin
eoraraissioned to the French court, but with instructions not
to enter into any stipulation without the previous consent of
America.* The mission of Gerard was not disclosed by

* It is stated that in a conference belween Gouverneur Morris and Gerard,
m relation to the instructions to be given to Franklin, " one important fea-

88 THELIFEOF
his joint coraraissioners to Lee, who addressed a letter to
Franklin expressing in strong terms his indignation at this
concealraent, and charging upon him circurastances to show
a studied design to mislead hira. To this letter no reply
has been found ; the concealment has been excused on the
ground of an injunction of secrecy by the minister of
France. These dissensions were censured by congress,
and a motion to recaU Franklin was rejected by the votes
of ten states.* Within a few days after, Lee communi
cated to Vergennes that Hartley, an EngUsh member of
parliament, was endeavouring to insinuate distrusts of the
conduct of France ; and that agents for a similar purpose
had been despatched to the United States. Lee's hesita
tion as to the treaty had given displeasure, and this letter
was answered by a sharp and insulting reply, f
The agents raentioned by Lee arrived in the United
States and attempted to open a negotiation, but congress
refused all correspondence with them, unless preceded by
an acknowledgment of their independence, or the with
drawal of their fleets and arraies. A fruitless attempt
was also made to treat separately with Franklin. Appre
hensive that these experiraents on the good faith of Ame
rica raight succeed, the French ambassador declared that
it had been pretended that the United States had reserved

ture was strack out at the suggestion of Gerard." It was a direction to
FrankUn to urge France to send an increased naval force to aid in driving
the British from the seaports. This was objected to liy Gerard, on the
grounds that it was not feasible, nor would be advantageous. The project
for attacking Canada was wisely discountenanced. What the motives of
France were, is not knovm ; perhaps not too much to aggrandize the United
States ; as, if conquered, it was guarantied to them, and probably with the
ulterior view of obtaining it herself, at the terraination of the war, as the re
storation of an ancient possession. Other motives have been assigned. —
Life of Gouverneur Morris, vol. 1, 189.
* McKean's letter as to this, p. 177, vol. 2, R. H. Lee's Life.
t 1778.— 2 D. C. 145, 157.

HAMILTON. 89
the Uberty of treating vnth Great Britain separately from
their ally, as long as Great Britain shaU not have declared
war against his master ; which was met by an expUcit as
surance, that the United States would not conclude a
peace or truce with the common enemy, without the for
mal consent of their ally ; and that any insinuations ox
assertions to the contrary, tended to their injury and dis
honour. Several months having elapsed since the signature of
the treaty which gave to Spain the right of acceding to the
aUiance, Lee, who had been at an early period eorarais
sioned to open a negotiation with that court, proposed it
to Vergertnes. His reply stated, that he would " act pru
dently in suspending the raeasures, with a view of ascer
taining its principles and resolutions with regard to Arae
rica." This answer was transmitted to the United States,
and about the time it was received, Gerard announced to
congress that Spain had resolved to make a final offer of
mediation, and urged the immediate appointment of a
minister to Madrid to assist in the deliberations, and to
conclude a treaty. The important question as to the ulti
mata to govern a treaty with Great Britain, was now con
sidered by congress.*
It was proposed, as a preliminary to aU negotiation, that
the independence of the United States should be acknow
ledged. The boundaries were defined nearly as they were
subsequently estabUshed by the definitive treaty. The
country was to be evacuated by the British forces, and the
free navigation of the Mississippi as low as the southern
limits of the United States, and a free comraerce (except
ing enuraerated articles) to sorae port or ports near its
mouth, were to be insisted upon. Conditional articles re
lating to the British North Araerican possessions — the
» February 23, 1779.— 2 S. J. 228.
12

90 THELIFEOF
Bermudas and Fioridas — with a stipulation that the United
States should not trade to the East Indies, or engage in
the slave trade, were also proposed, but were set aside.
The debate upon these terms, in which the fisheries
were the prominent topic, was protracted until July ; du
ring its progress, repeated coraraunications were raade by
the envoy of France. On the twenty-second of May,
seventeen hundred and seventy-nine, congress were re
minded of the deterraination of France to continue the
war untU independence shaU have been formally or tacitly
acknowledged — that she was only bound by her treaty,
and that as to the possessions to be insisted upon — that
her engagements were conditional, and that the obliga
tions did not coraraence until they were fixed by the ces
sation of the war ; and a caution was given against " far-
ffetched inductions, subject to discussion and contradiction,
tending to alter the fundamental system of the aUiance."
This was followed by a second urgent raeraorial on the
iraportance of the raediation of Spain, and of a decision
upon the terras. On the twelfth of July a conference
was had, in which Gerard stated " that the court of Lon
don, showing on one side dispositions to a reconciliation
with France, rejected, on the other, a forraal expUcit ac
knowledgment of independence, which France persevered
to hold up as a preliminary and essential condition." He
rerainded congress, that Holland had only obtained a tacit
acknowledgraent of independence after a war o^ thirty,
and an explicit one after a resistance of seventy years ; and
that to that day, Genoa and the Swiss cantons had obtain
ed no renunciation or acknowledgment, either tacit or
formal, frora their forraer sovereigns ; but that they enjoy
their sovereignty and independence only under the gua
rantee of France.
This was pronounced a difficulty ''merely in umrds,"
and it was suggested " that instructions upon particular

HAMILTON. 91
conditions" might frustrate the purpose of the treaty, (of
a tacit acknowledgraent ;) and the necessity, by the adop
tion of "just and moderate terms" towards England, of
enabling Spain to bring her mediation to an issue, was en
forced. Congress were also rerainded, that "proper terms"
should be offered to his cathohc raajesty, in order to re
concile him perfectly to the American interest, and lest he
should " drop the mediation."
To obviate these difficulties, a coraraission with full
powers based on the treaty with France was proposed.
Congress resumed the consideration of their ultimata:
after rauch debate, a division was taken on an araendment
admitting that independence might bte "tacitly assured,"
and it was negatived. As to the fisheries, it was decided
that the guarantee of them should not be an ultimatura,
but that in any treaty of commerce with Great Britain,
that right " should in no case be given up." The instruc
tions were, that " in all other matters you are to govern
yourselves by your own discretion, as shaU be raost for the
interest of these states, taking care that the treaty be
founded on principles of equahty and reciprocity, so as to
conduce to the rautual advantage of both nations, but not
to the exclusion of others."*
As this negotiation was to be conducted under the rae
diation of Spain, the terms of a treaty with that power
were also discussed. Congress, anxious to obtain a subsidy,
aware of her desire to repossess the Fioridas, and doubtful
of the extent of the treaty of aUiance with France on this
point, agreed to guaranty thera to Spain if conquered from
Great Britain, but insisted upon the free navigation of the
Mississippi into and frora the ocean. A motion to authorize
a relinquishment of this essential right, on condition of the
grant of a free port or ports below the boundary of the
• 2 S. J. 231.— July 31, 1779.

92 THELIFEOF
United States, if that right should be found an insuperable
obstacle to a treaty, was rejected.
These instructions being adopted, they proceeded to the
choice of a minister to Spain. Jay was elected.
In the prospect of a successful issue to this mediation,
John Adaras, who had returned to the United States, was
at the same time appointed envoy to Great Britain, and
Henry Laurens to the United Provinces. Jay proceeded
to Spain, Adams to Paris.
In the early part of the sojourn of Adams at Paris,
during his first mission, nothing of a very raarked charac
ter occurred. He went there with irapressions not unfa
vourable to France,* though it seems he indulged suspicions
that she had obtained unfair advantages in the -treaty ;f
and awake to the dangers of foreign interference, he early
expressed his apprehension, " lest J Araericans should avail
themselves of the aid of the French influence, to raise
their reputation, extend their influence to strengthen their
parties, and to proraote the purposes of private interest
and arabition."§ Confidence in his independence bjr one

* " It is a rock" (the alUance) " upon which we may safely buUd. Narrow
and iUiberal prejudices, peculiar to John BuU, with which I might perhaps
have been in some degree infected when I was John BtiU, have now no in
fluence over me. I never was, however, rauch of a John BuU ; I was John
Yankee ; atid such I shaU live and die." — 4 D. C. 261.
t 4 D. C. 275. X Ibid. 282.
§ In a despatch to congress, Adams, in speaking of Markow, the minister
of Russia at the Hague, raentions — " His behaviour to me is a distant bow, an
affected smile sometimes, and now and then a ' comment vous portez vous V
One evenmg at court, when the northern epidemy was here, he put me this
question after supper, in great apparent good-huraour. Terriblement afjligi
de Vinfluenga, said I. " C'est en Angleterre," says he, laughing, " ya'on «
domie ce nom, et il neferoit point du mal, si vous voudriez vous laisser gag
ner un pen par I'injluence de I'Angleterre." I had at ray tongue's end to
answer — " C'est assez d'etre tourmenti de I'injluence qui vient de Russie ! !"
but I reflected very suddenly, if he is indiscreet, I wiU not be ; so I contented
myself to answer, "Jamais, monsieur, jamais." — 6 D. C. 391.

HAMILTON. 93
party, and fear of his local inffuence by the other, probar
bly induced his last appointment.
On his second arrival at Paris* he announced his mission
to Vergennes, assuring, him of his intention to take no
steps without consulting him, and asked his advice as to
the policy of communicating his powers to England. The
answer expressed an opinion, " that it would be prudent to
conceal his eventual character ; and above all, to take the
necessary precautions that the object of his commission
may reraain unknown to the court of London."f
This opinion Adaras disapproved. He wrote to con
gress, J " that it was a delicacy not perfectly consonant to
his manner of thinking ; and that if he had foUowed his
own judgraent he would have pursued a bolder plan, by
immediately comraunicating his fuU powers." A decent
intercourse with the French ministry was, nevertheless,
preserved; and in his letters to them he still expressed his
sense of the iraportance of the alliance, avowing his opin
ion, " that the commercial interests of England and Ame
rica will forever hereafter be incorapatible."§
After a long interval, Adams again apprised Vergennes
at large of the reasons which prompted hira to open his
comraission to England. The French rainister transmitted
an elaborate reply, stating his intention that it should be
comraunicated by the French envoy to the members of
congress, under the persuasion "that that assembly wiU
think the opinion of the minister of France worthy some
attention, and that they wiU not be afraid of neglecting or
betraying the interests of the United States by adopting
it as a rule of their conduct." In this reply he avowed as
an objection to any overture by Adams, " that it is neces
sary, first of all, to obtain from England an acknowledg-

* February 12, 1780. t 4 D. C. 364. t 4 D. C. 445.
§ 5 D. C. p. 104.

94 THELIFEOF
ment of the independence of America, and that such ac
knowledgment raust serve as a foundation for a treaty of
peace:"* weU knowing that such an acknowledgment
would not be granted, but that a. treaty with the United
States as an independent power would obviate aU difficul
ty. The answer of Adaras contained the important sug
gestion, that though such an overture should not be fol
lowed by a treaty, it would operate beneficially by its
effect on the popularity of the English minister.
Vergennes had, in the interval, apprised him of the sail
ing of the arraaraent under De Ternay and Rochambeau.
This coraraunication was acknowledged with thanks. It
was again adverted to by Adaras in a subsequent letter,
and a reinforcement from the West Indies was suggested.
The tone of this letter gave great umbrage to Vergennes,
whose reply announced, "that Franklin being the only
person accredited to France, that with him only he ought
and could treat."f This state of things rendering a longer
residence in Paris unpleasant, Adams passed on to Amster
dam. Copies of this correspondence were sent by Vergennes
to Franklin, with directions to transrait thera to congress.
He enclosed them in a letter comraenting on the course
of Adams, stating, " that J he thinks, as he teUs me, that
America has been too free in expressions of gratitude to
France ; for that she is raore obliged to us than we are to
her, and that we should show spirit in our applications."
Despatches frora Jay were received late in the year.
They represented that all the letters which were addressed
to him were opened, that the assurances of aid were not
fulfilled, and expressed a strong suspicion that it was the
policy of France§ so to manage, that the United States

* 5 D. C. 287. t 5 D. C. 305.-July 27, 1780. t 3 D. C. 164.
§ November 5, 1780.-Jay writes to Gouverneur Morris: "The French

HAMILTON. 95
and Spain should be debtors to her for any concession
either nation should raake to the other.*
On the fourth of Octoberf congress acted upon this
letter, and upon certain instructions from Virginia. They
resolved unanimously to insist upon the right of the Uni
ted States to the navigation of the Mississippi, into and
from the sea ; to require a free port at its outlet, if the un
limited freedom of its navigation could not be had below
their southern Ihnits ; and "to adhere strictly to the bounda
ries as already fixed by them."
InstructionsJ to this effect were sent to Jay, with a
statement drawn up by Madison, enforcing at length the
claims of the United States to all the territory east of that
river, insisting that, as it was embraced within the charters
of particular states, it could not be relinquished by con
gress without erabarrassraent, and vindicating their right
to the navigation of that river to the ocean.
No progress was made in the negotiations at Madrid ;
every effort to obtain aid was unsuccessful ; every approach
to a direct engagement was raet with a frivolous pretext.
No support was obtained frora the resident rainister of
France at that court, and a formal annunciation was raade
to Jay, that no money was to be expected, " and that that
which would have facilitated a far-advanced negotiation,
was likely to produce no effect, in a great raeasure through
the undermining of some persons of rank in France."^
Relying on the assurances of Spain, large drafts had
been accepted, and strong representations were made to
induce her to pay thera. They failed, and the Araerican
envoy was at the same time told that the navigation of the
Mississippi would never be relinquished.!]
ambassador here has excellent inteUigence frora your city. I know but Uttle
of what passes among you." — Jay's Life, vol. 1, p. 114.
*7D. C. 218,220. tl780. } 2 S.J. 326. §7 D.C. 363.
II 7 D. C. 369

96 THELIFEOF
Thus far, the foreign policy of the United States had
been directed by a spirit in congress worthy their cause
and their prospective greatness.
Though their seaboard was harassed, their cities cap
tured, their interior ravaged by a double foe, the same
constancy which had repelled with hasty levies of mihtia
the advances of well-appointed armies, was yet manifested
by the states north of the Potomac. No unpression had
been made on the mind of their people.
Defeated in her efforts to subdue these states, England
resolved to direct her arms against the south. Charles
ton feU ; and though Marion and Clarke, with the hardy
inhabitants of the upper country, were yet formidable,
Camden witnessed the incapacity and the retreat of Gates.
Georgia is seen in vain imploring succour, and Jefferson
was trerabling for Virginia.
This was the moraent chosen by the rainistry of France
to press interests other than those of the United States.
They had recently concluded a treaty with Spain, who
had refused to join the alliance without the guarantee
of an exclusive right to the navigation of the Mississippi
and to the region west of the AUeghanies. Their partisans
in congress had increased in nuraber. The delegates from
Georgia and South Carolina were yielding to the appre
hensions they had excited, and it only required the con
currence of Virginia to attain their object.
Araong the members from New-England and New-
York, there was not one at this time of eminent ability.
Gouverneur Morris, after the passage of the instructions
which he had fraraed, retired from congress, and early in
this year Madison had taken his seat in that body. Put
forward and sustained by Jefiferson and Edraund Ran
dolph, with whora he was in close correspondence, and
representing Virginia, he became the leader of the southern
vote, with the exception of that of his colleague. Bland.

HAMILTON. 97
Strong as the disposition may have been to gratify the
wishes of France in other respects, the nayigation of the
Mississippi was too important to Virginia to be safely
relinquished by any of her public men. But at this mo
ment an event happened, which enabled France to accom
pUsh one ofthe favourite objects of her, European aUy.
Early in October inteUigence was received of a con
templated embarcation from New-York, and on the twen
ty-fifth of that month, Portsmouth was in possession of
the British,* who left the Chesapeake at the end of No
veraber. On the ninth of December, Washington announced to
Jefferson, then Governor of Virginia, that a second em-
barcation " of a body of refugees," was about taking place
at New- York, supposed to be destined for the south.
A part of their force was dispersed in a storra ; the residue,
nine hundred strong, arrived in the Chesapeake on the
thirtieth of that month, whence they proceeded up the
James river, under a convoy.
The news of their approach reached Richmond the
following day ; where, notwithstanding the previous no
tice, only two hundred militia had been embodied. Even
this force, posted on the succession of strong and wooded
hills which, separated by obstructing creeks, there pierce
the river, might have repulsed the eneray, flanked with
only thirty cavalry, and without a single piece of artiUery.
But no resistance was offered — not a gun was fired — not
a life was lost. The governor and legislature fied before
the traitor Arnold. On the fifth of January, he took pos
session of Richraond, seized a part of the archives, burnt
the raagazines, and retired unmolested.
Jefferson then returned to his undefended capital. A
motion was made for his irapeachment at the next session
* Jefferson's Works, vol. 1, 188.
13

98 THELIFEOF
of the legislature. He declined a re-election as governor,
while the motion was pending, and while the enemy were
yet in possession of a part of the state. At the time his
conduct was a subject of inquiry, a party under Tarleton
approached. The governor, and the legislature then sit
ting at CharlottesviUe, again fled far into the interior ; and
in the succeeding winter, at the instanpe of a mutual friend,
the impeachment was withdrawn ; and the house, softened
by his subraission, relieved frora his governraent by the
election of General Nelson, a raan of courage, and from
future apprehension by the capture of Yorktown, passed
a healing vote of approbation.* f
On the very dayj that the legislature abandoned Rich
mond, a resolution was adopted in relation to the Missis
sippi. It was enclosed to congress by Jeflferson, at that
time in correspondence with Marbois, the French secre
tary of legation, at whose instance he was embodying his
" Notes upon Virginia." By this resolution, after ceding
" her lands northwest of the Ohio, to be formed into re
publican states and sold as a coramon fund for the use of
the union" — a cession which she had refused, and which it
has been seen by her subsequent protest, and requiring a
guarantee, she for a long time rendered of no eflfect — ^Vir
ginia resolved, "that the navigation of the Mississippi
* 4 MarshaU's Washington, 387.-1 Jefferson's Works, 200 : Lee's obser
vations on do., 119, 140.
t In a defence of Jefferson, pubUshed in Virginia, September 19, 1800, it
is stated, that a coraraittee was appointed on the 26th Noveraber, 1781, to
state any charges and receive such information as muy be offered respecting
the administration of the late executive. On the day appomted for the in
quiry, Jefferson took his seat as one of the delegates. The member who
moved the investigation absented himself, and the committee reported, " no
information being offered on the subject matter except rumours," their opin
ion that those rumours were groundless ; and passed a resolution " to obviate
aU future, and remove all former, unmerited censure."
t January 2d, 1781.

HAMILTON. 99
should be claimed only as co-extensive with her territory,"
and instructed her delegates, " that every other and fur
ther demand should be ceded, if insisting on the same, is
deemed an irapediraent to a treaty with Spain."
A few days* after this resolution had passed, the com
mittee to which the coraplaints of Vergennes against
Adaras had been referred, reported a letter to be address
ed to hira by the president of congress. He was inforraed
that the opinion of the French rainister relative to the tirae
and circurastances proper for communicating his powers
and entering upon the execution of thera, was weU founded,
congress having no expectations " from the influence which
the people may have on the British councils !"t
De La Luzerne had succeeded Gerard as envoy to the
United States. On his arrival, he had a conference wdth
General Washington, and, as has been previously stated,
in this interview, among a variety of topics, he proposed a
co-operation in a conteraplated expedition by Spain against
the Fioridas — that being the only object which in her self
ish policy she cared to gain, in the hope of annexing them
to Louisiana. Washington prudently declined discussing
the pohcy of the measure, merely stating, that, as a mihtary
question, he saw no objection in case the enemy's force
should be withdrawn from South Carolina and Georgia.
This idea was subsequently submitted to congress by an
agent of Spain through the French ambassador ; and with
a view to gratify the expectations of that country, a de
tachment from the main army was ordered, though at
great hazard, to Carolina to raake a diversion. Having
attained this object, encouraged by the recent letter to
Adaras, and confirmed in his hopes by the late vote of Vir
ginia, a formal coramunicationj was raade by the French
ambassador to a committee of congress of the corre-
* January 10, 1781. t 5 D. C. 306. t Jan. 28, 1781.

100 THE LIFE OF
spondence which had passed between Spain and Great
Britain. This was followed by an earnest representation of the
danger that Great Britain, having an insuperable reluc
tance to admit the idea of the independence of the United
States, would involve France in her relations with other
European powers ; that thus an armed mediation was to
be feared, which, unless the United States increased their
efiforts to dispossess the British of their territories, might
compel the aUies to accept of terms which would leave
England mistress of her actual possessions, or to continue
the war under the disadvantages of having the forces of
the raediation united with those of their eneraies.
This representation was well adapted to produce alarm.
A second conference was had, in which the anxiety of
Spain for an aUiance was stated. The iraportance of
"moderation" in their negotiation with her was suggested,
and her views specified. These were, that the United
States should confine their liraits to settlements permitted
by the proclamation of seventeen hundred and sixty-three,
and that a precise and invariable western boundary should
be fixed — the exclusive navigation of the Mississippi — the
possession of the Fioridas, and of the lands between that
western boundary and the eastern side of that river. The
consequences of these stipulations were avowed, that the
United States should be excluded from the navigation of
that river, because by such limitations no territories would
belong to them on its borders, and that the southern states
should be restricted frora any settlements or conquests in
those territories, they being the possessions ofthe crown of
Great Britain, which Spain proposed to occupy and retain
" as a permanent conquest."
More than a raonth had elapsed since the resolution of
Virginia passed. It was passed under circumstances
which would have justified a pause, and a demand of new

HAMILTON. 101
instructions. Yet in obedience to this resolution,* and thus
urged by the French minister ,t Madison prepared an in
struction to Jay, not to insist upon the free navigation of
that river to the ocean, " provided such cession shall be un
alterably insisted upon by Spain ;" but to be satisfied with
a guarantee by her of its use to their own citizens, in
common with her subjects, above the southern boundary
of the United States, and to exert every efifort to obtain a
free port or ports below that boundary.J This instruc
tion passed.§
The impolicy of this act was manifested by the conduct
of Spain. Though intended to be secret, it was made
* Col. Grayson, of Virginia, caUs it " a disgraceful proposition." — Debates
in Virginia Convention.
1 1 Mad. 66, Madison says — " In this important business, which so deeply
affects the claims and interests of Virginia, and which I know she has so
much at heart, I have not the satisfaction to harmonize in sentiment with
my coUeague." " He," Colonel Bland, " has embraced an opinion that we
have no just claim to the suhject in controversy between us and Spain, and
that it is the interest of Virginia not to adhere to it."
In the Life of Arthur Lee, vol. 2, 384-5, Nov. 20, 1786, a letter from Col.
Bland to Lee is to be seen. Bland writes — " I cannot agree with you on the
poUcy of Spain or the eastem states to relinquish to Spain the navigation of
the Mississippi, even for a moment. It is a right which we have confirraed
to us by treaty. It is a right which nature has given us. It is a right
which nature will claim. It is a right which it is impossible in Spain to de
prive us of; and in the attempt, she has shown that she considered it a right.
Why else should she endeavour to barter another privilege for it ? Have
you not mistaken the effect of the exclusion 1 I rather think that, could it
be carried into execution, it would stifle the germ of agriculture and im
provement." As such were the sentiments of Bland, the statements of Madison on this
subject would appear to require elucidation.
In a letter of Madison, App. to vol. 1, p. 21, he says — " Congress seized the
first moment also for revoking their instruction to Mr. Jay." This is a slight
inaccuracy ; this instruction was not revoked until late in the foUowing year.
X 2S. J. 397.— Feb. 15, 1781.
§ Massachusetts, Connecticut, North Carolina, negative ; New- York, di
vided.

102 THELIFEOF
known to her before the information of it reached the
American envoy at Madrid. Convinced that this great
object was secured, no motive existed to depart from the
policy she had adopted. Nothing was promised or denied,
but a clew was given to her- purposes by the observation
of her prime minister to Jay, " that aU these affairs could
with more facility be adjusted by a general peace than
now ; for that such a particular and even secret treaty
with us might then be raade, as would be very convenient
to both.'' Discouraging as every appearance was, the
raission was prosecuted with diligence, patience, firraness,
and discernraent, until all efforts proved fruitless. Two
hundred years had not effaced frora her iron meraory how
rauch she had suffered by a revolt. She now saw in
every throe of liberty the loss of her western erapire;
nor, could she have forgotten it for a moment, would
bigotry have failed to remind her that it was a revolt of
heretics. A few days after congress had yielded in relation to the
navigation of the Mississippi, the French arabassador
transraitted to them a letter from his king, assuring them
of his determination to assist thera as far as his own wants
and the extraordinary and enorraous expenses of the war
would perrait. This coraraunication was followed by a
meraorial showing the extent of the proposed aids, but an
nouncing that the second division of the French army
could not be expected that campaign. A second memo
rial was presented, in which the acceptance by Great Bri
tain of the mediation of Russia was announced ; and a
request was made for the appointment of a coraraittee to
discuss with him the raanner of conducting the negotia
tion, the extent of the powers of the commissioners, the ex
tent to which they were to be used, and the confidence to
be reposed in the plenipotentiaries and cabinet of France.
" Moderation" was again inculcated.

HAMILTON. 103
It has been seen that Adams had been driven with in
dignity from Paris. Apprehensive of his resentment, and
of the influence which his suspicions and those of Dana as
to the poUcy of France might have upon their conduct at
a moment when indications were given of a desire on the
part of Great Britain to terminate the contest, it became
important to France to exercise over them an absolute
control. The instructions to Adams, penned by Gouverneur Mor
ris, had directed hira to govern hiraself by the aUiance of the
United States with France — "by the advice of our allies, by
his knowledge of our interests, and by his own discretion."
To correct what France deeraed an error in these in
structions, the French rainister having on the seventh of
May, at the earnest entreaties of Virginia, despatched a
fleet to the Chesapeake under Destouches, sought a con
ference with congress. After stating that the appointraent
of Dana was preraature, and the opinion of the council
that he ought not to make any use of his powers at this
moraent, " lest the dignity of the country should suffer by
his being refused," he proceeded to coraraent on the
conduct of Adaras. He stated " circumstances to prove
the necessity" of a line " being drawn" of which Adaras
might not be aUowed to lose sight, and dwelt especially
on the use which he thought he had a right to make of his
powers to treat with Great Britain. He then added, that
" if congress put any confidence in the king's friendship
and benevolence, they would be impressed with the neces
sity of prescribing to their plenipotentiary a perfect and
open confidence in the French minister, and a thorough re
liance on the king ; and would direct hira to take no step
without the approbation of his majesty," and as to the raan
ner of executing his instructions, " to receive his directions
from the Count de Vergennes." This conference was fol
lowed by the annunciation, while the instructions were

104 THE LIFE OF
before a committee of congress, that the king of France
had granted "a gratuitous subsidy" of six miUions of
livres. After much discussion,* instructions were given to the
American plenipotentiaries to accept the mediation of
the emperors of Russia and Germany, but not to accede to
any treaty of peace " which shaU not effectually secure
the independence and sovereignty of the thirteen states,
according to the form and eflfect of the treaties with his
raost christian raajesty, and in which those treaties shall
not be left in their full force and validity." Thus the ex
press prelirainary acknowledgraent of independence was
abandoned. With a view to secure to France the control of the ne
gotiation, the Araerican rainister was instructed " to make
the most confidential communications upon all subjects to
the ministry of France, and to undertake nothing without
their knowledge and concurrence ;" and authority was
given to agree to a truce. These instructions were direct
ed to be coraraunicated confidentially to the French am
bassador. He objected to thera. They were ordered to
be reconsidered. The clause, " you will use your own
judgraent and prudence, in securing the interest of the
United States," was erased, and the words, " you are at
liberty to secure," were substituted ; and after the word
" concurrence," an addition was raade, by which the min
ister was directed " ultimately to govern himself by their
advice and opinion."
This last clause, so derogatory from the dignity of the
country, it was moved four days after to reconsider; but
the motion was rejected. This vote was followed by a
conference, in which the magnitude of the king's bounty
was stated at large. It will be remarked with surprise,
f
• June 11, 1781.— 2 S. J. 439.

HAMILTON. 105
that on the first of the preceding amendments, the only
negative states were Massachusetts and Rhode Island;
that as to the last, the only dissentients were Massachu
setts, Rhode Island, and Connecticut ; and that on the
motion to reconsider, the only affirmative states were
Massachusetts, Rhode Island, Connecticut, and Delaware,
New- York not being represented. It is due to the raeraory
of a gallant soldier of Virginia to record, that while the
vote of that state was given by Jones and Madison in fa
vour of these amendments. Colonel Bland opposed them
in every stage.* f

* The negatives were : Massachusetts — LoveU and Ward ; Rhode Island —
Varnum ; Connecticut — Huntington, (Elsworth and Sherman, who took
their seats on the 4th of June preceding ;) Pennsylvania — Montgomery and
T. Smith ; Virginia— Bland.
t The clause as ultimately adopted ran thus — after referring to former
instructions as to boundaries — " fromt which you wiU perceive the desires
and expectations of congress, but we think it unsafe, at this distance, to
tie you up by absolute and peremptory directions upon any other subject
than the two essential articles above mentioned. You are, therefore, at
liberty to secure the interest of the United States in such manner as cir
cumstances may direct, and as the state of the belligerent and disposition
of the mediating powers may require. For this purpose, you are to make
the most candid and confidential comraunications upon aU subjects to the
ministers of our generous aUy, the king of France ; to undertake nothing
in the negotiations for peace or truce without their knowledge and concur
rence ; and ultimately to govern yourselves by their advice and opinion,
endeavouring in your whole conduct to make them sensible how much we
rely on his majesty's influence for effectual support in every thing that may
be necessary to the present security or future prosperity of the United States
of America.
" If a difficulty should arise in the course of the negotiation for peace, frora
the backwardness of Britain to make a formal acknowledgment of our
independence, you are at Uberty to agree to a truce, or to make such other
concessions as raay not affect the substance of what we contend for ; and
provided that Great Britain be not left in possession of any parPjef the
thirteen United States." i .
t 2 S.J. 446.
14

106 THE LIFE OP
This degrading concession* to France was not the only
consequence of the recent invasion of Virginia. A pro
posal was soon after made that the states should empower
congress to compel, by an armed, land, or naval force, any
delinquent state " to yield prompt obedience to all just re
quisitions on thera ; and as to those that had little or no
foreign trade of their own, that aU inland trade with such
states as supplied them with foreign merchandise might be
interdicted, and the concurrence of the latter enforced, in
case of refusal, by operations on their foreign trade."
" There is a coUateral reason," Madison observed, " which
interests the states who are feeble in maritime resources
in such a plan. A navy so formed, and under the orders
of the general council of the state, would not only be a
guard against aggressions and insults from abroad, but,
without it, what is to protect the southern states, /or ma'ny
years to come, against the insults and aggressions of their
northern brethren."! So remote were his ideas at that
time from a national government. While Madison was
thus proposing to provide for future wars between the
states, Hamilton, as has been seen, was urging measures to
.strengthen the. union. " Force cannot eflfect it. The ap
plication of it," he said, " is always disagreeable, the issue
uncertain. It wiU be wiser to obviate the necessity of it,
by interesting such a number of individuals in each state in
* Two days after, Gouverneur Morris wrote to Jay : " But when yon come
to find by your instructions that you must ultimately obey the dictates of the
French rainister, I ara sure there is something in your bosom which will re
volt at the servility of your situation. Do I not know you well enough to
beUeve that you wiU not act in this new capacity ? I think I do ; and there-
fore I wiU express my concern that you must decUne the honour, if that name
can be applied to such oflSces. Decline, however, with decency, though with
dignity. I mean always if no alteration takes place, which shall be done if I
can effectuate it, though I almost despair. No other congress wiU surrender
all, as this has, to an aUy."
t Madison Papers, v.l, p. 87: Madison to Jefferson, who approved the idea.

HAMILTON. 107
support of the fcederal government, as wUl be a counter
poise to the ambition of others, and will make it difficult for
them to unite the people in opposition to the just and ne
cessary measures orthe union."*
As the independence of Adams had been complained of
by the French minister, it was proposed that other per
sons should be united with him in the mission. This was
at first rejected, but four other comraissioners, Franklin,
Jay, Jefferson and Laurens, were subsequently added.
Thus a preponderance, it was hoped, would be secured to
the party attached to France.
Adaras still retained powers to form a coraraercial treaty
with Great Britain, the terras of which, it has been seen,
required that no privileges should be granted to England
not conferred on France, excluded any peculiar liraitations
in her favour, and stipulated expressly for a participation in
the fisheries ; but in all other matters gave him fuU discre
tion to treat on terms of equality and reciprocity. It
was possible that Great Britain might avail herself of
these powers, as by a coramercial treaty she would avoid
the express acknowledgment of independence ; and that
thus the whole object of the recent instructions, to submit
to the control of France, would be defeated.
To prevent such a result, a great stroke of policy was
resorted to. An additional instruction was moved by Madi-
sonf — that in negotiating a treaty with Great Britain,
Adams should enter into no such treaty unless in addition
to the stipulations as to the fisheries ; all the objects included
in their original ultimatura of seventeen hundred and
seventy-nine, as to a treaty of peace, as the same stood
prior to their instructions of the fifteenth of June, should
be in such treaty of commerce explicitly acknowledged
and stipulated to the United States.
* Ante, vol. 1, p. 371. ( t June 29, 1781.— 2 S. J. 458.

108 THE LIFE OF
The insuperable obstacle on the part of Great Britain,
it had been fully ascertained, was a preliminary acknow
ledgment of independence. This original ultimatum re
quired* it as a preliminary article to any negotiation,
that Great Britain shaU agree to treat with the United
States " as sovereign, free, and independent." Thus all
possibility of exercising his powers by Adams would have
been prevented. That such was the object of this motion,
and not the securing a preliminary acknowledgment, must
be inferred frora the fact that the mover of the resolution
voted for the instructions of the fifteenth of June, by which
this previous acknowledgment of independence waswaived,
and it was to become merely an article of treaty.
This last motion was rejected, three states voting for it.f
Baffled in this efifort to interpose an impassable barrier to
aU direct negotiation with England, the only alternative
that reraained, was to withdraw his powers to form a
treaty, and at the instance of Madison the commission to
Adams was revoked.^
Having succeeded in obtaining the entire control of the
negotiation for peace, and, by the revocation of the powers
granted to Adams, having closed the door upon Great
Britain, it might have been supposed 'that France would
have felt herself secure ; but she still saw cause of appre
hension. Adams was in HoUand, England was represent
ed at the Hague, and it was impossible to foresee the con
sequences of a negotiation being opened between them.
These were to be prevented.
On his arrival at Amsterdara, Adams suggested the im
portance of maintaining an official agent there, and he was
« 2 S. J. 225.
t Connecticut, Virginia, and North CaroUna — (Elsworth, Bland, and
Smith, dissenting.)
X July 23, 1781 ; vol. 4, No. 36, state department ; Madison seconded by
Sharpe.

HAMILTON. 109
empowered to negotiate a loan ; he soon after intimated
the advantages to be derived from a resident embassy at
the Hague. The suggestion was approved, and he was
commissioned as minister plenipotentiary to the United
Provinces. As early as seventeen hundred and seventy-eight, the
regency of Amsterdam had evinced a disposition to enter
into commercial regulations with Araerica. They appUed
to the states-general for a convoy to vessels carrying naval
stores to France, and protested against a refusal of it.
This gave a pretext to that nation to announce to them
" the necessity of protecting their commerce, in order to
enjoy the privileges of neutrality." This was not done,
and a rescript was issued by France excluding HoUand
frora those privileges, and interdicting a part of her pro
ductions. These decisive measures produced the intended
effect, and a naval force was directed by the states-general
to be equipped for that purpose.
Soon after, an American squadron under the command
of Paul Jones entered the Texel with several prizes. He
was ordered to leave the waters of Holland. While there,
an address was presented by the British minister, demand
ing the seizure of the king's vessels in the hands of a
" pirate and an outlaw," This demand was not acceded
to, but Jones was again commanded to sail. Having re
fused with great indignation the offer from the French
ambassador of a letter of marque, he departed.
But a short tirae elapsed when a plan of a treaty with
the United States was framed by the authorities at Am
sterdam- This drew an angry remonstrance from England.
Measures of defence were taken by that city ; orders in
council were issued by Great Britain for hostilities, and St.
Eustatia was captured. Adams resolved to seize upon this
moment to make an impression. He addressed letters to
the envoys of Russia, Denraark, and Sweden, announcing

110 THELIFEOF
the resolution of congress concurring with the regulations
of the " marine treaty," and at the sarae raoment asked of
the French ambassador the Duke de la Vauguyon to aid
hira. The forraer did not answer his letters ; the latter stated
that he had no instructions on the subject. Relying on the
support of several ofthe provinces, he presented a raeraorial
to the states-general, and urged his reception at the Hague.
He was discountenanced by Vauguyon, and was refused.
In a conference between La Luzerne and congress, they
were informed that,* " on being apprised of the intention
of Mr. Adams to display his character as a minister, the
duke gave him no assistance on that occasion, knowing the
application would have no favourable issue."
The perseverance of Adaras alarmed Vergennes, and
within a few days after his powers to form a commercial
treaty with Great Britain had been revoked, the French
ambassador appeared again before congress. He stated
the accession of HoUand to the arraed neutrality, the hos
tile acts of Great Britain, the opinion of the councU of
his king that a "prudent and able raan"f should be sent to
HoUand with full powers ; that it would likewise be advan
tageous to give proper instructions to that rainister, and as
it is impossible at this distance to have quick information,
it would be proper to have further instructions given by
Dr. Franklin, in order to avoid aU inconsistency or contra
diction, and that the political operations of congress, aim
ing towards the sarae end, raay of course be more success
ful. Had Franklin, as Adams alleged, been the "index
of Vergennes," a better expedient could not have been
devised by France to point the way to the Araerican resi
dent at the Hague ; but neither this nor the hint as to the
selection of " a prudent and able raan," could be acted
upon -without offending New-England.
* 3 S. J. 35. t 2 S. J. 466.-July 23, 1781.'

HAMILTON. Ill
The original instructions to Adams were, " to adopt, in
whole or without any essential alteration," a plan of treaty
which was transmitted from Philadelphia, with restrictions
" not to adrait any thing inconsistent with the treaties with
France, or not conforraing to the proposed regulations of
the congress of northern pov/ers."
The only device was, to limit these instructions ; and
with that view a report was adopted, which, after acknow
ledging this effort by the king of France to make a coali
tion with HoUand, as a fresh proof of his solicitude for
their interests, stated to the French minister the previous
appointment of Adams with special instructions to con
forra to the treaty with France, and empowered hira to enter
into a joint aUiance with France, HoUand, and Spain, on
condition that no party shall conclude either truce or peace
with Great Britain Avithout the formal consent of the
whole first obtained. In all other matters, he was to use
his best discretion ; and he was directed " to confer upon
all occasions in the raost confidential manner with his raost
christian raajesty's rainister" at the Hague.*
WhUe these measures were taken in Araerica, Adams
was iiivited by Vergennes to Paris, to consult upon the
proposed mediation of Austria and Russia.
He announced his arrival ; an audience was granted, and
the subject was opened.f
The propositions of the mediators were upon the basis,J
* 2 S. J. 472.— August 16, 1781.
t In his letter to congress, he says — " The letter announcing my ar
rival, I sent by my servant, who waited untU the count descended from the
council, when he deUvered it into his hemd. He broke the seed, read the
letter, and said he was sorry he could not see Mr. Adams, but he was obUged
to go into the country immediately after dinner ; that Mr. Adams ' seroit
dans le eas de voir M. de Rayneval,' who Uved at such a sign, in such a
street. After dinner I called on M. de Rayneval, who stated the object, and
an interview was appointed with the minister." — 6 D. C. 92.
t 6 D. C. 100.— July 11, 1781.

112 THE LIFE OF
that a treaty should be negotiated between Great Britain
and the Araerican colonies without the intervention of any
of the belligerent powers, but to be signed conjointly with
that of those powers, and that there should be a general
armistice for one year frora a period to be defined. The
coraraents of the Araerican minister stated that there
would be no objection to such a separate treaty, consist
ent with their obligations to their aUies, without the inter
vention of any of the beUigerents, or (unless demanded) |
of the mediators. The conjoint signature was approved,
but the proposed arraistice or a truce, as suggested hy
Vergennes, was objected to except under two express pre
liminary conditions: — the continuance of the subsisting
treaties until the acknowledgment of independence hy
Great Britain, and the antecedent removal of the British
forces ; and this truce was to be of sufficient duration to
imply a virtual relinquishment of the objects of the war,
and to be agreed to before the opening of another cam
paign. But the great question was stated to be, the acknowledg
ment of independence ; and " as the United States can
never consent that their independence shaU be discussed
before any sovereign," it was suggested that if the impe
rial courts would " lay down, as a prelirainary, the sove
reignty of the United States, and admit their minister to
a congress," a treaty raight be coraraenced with Great
Britain, " without any express acknowledgraent of sove
reignty untU the treaty should be concluded." The reply
of Vergennes, addressed to Adaras as agent of the United
States, represented the necessity of certain preliminaries
being adjusted before the American minister could be ad
mitted to the' congress. His answer, proceeding on the
supposition that it was intended to acknowledge the inde
pendence of the Araerican states, proposed "that the
character of their minister should be ascertained before

HAMILTON. 113
any congress met, that he raight take his place as soon as
it opened. A second letter adverted to a most extraordi
nary suggestion — that the separate states of America should
choose an agent for each, to attend the congress. Adams
urged Vergennes not to countenance this idea, " apprising
him, that though it had been mentioned only as a tran
sient speculation, that he felt it to be a duty to inform
hira that congress would reraonstrate against it in the
most solemn manner." No other correspondence passed
upon this subject, but from the stateinent of La Lu
zerne to congress, it appeared that England insisted upon
the dependence of Araerica being pre-established, and
that thus there would be no possibiUty of a mediation for
peace. Adams returned to Amsterdara, approved* and obeyed
his last instructions. In order to learn whether he should
visit the president of the states-general, he consulted
Vauguyon, observing " that congress had wisely enjoined
it upon hira to confer in the most confidential raanner
with his excellency, and that he had " raade it a law to
take no iraportant step without his approbation." Vau
guyon waited the orders of his principal, and informed
Adams that the rainister " sees no objection to the visit on
the subject of his raeraorial, provided, without any official
'Writing, he limited himself to the inquiry, whether his
memorial had been the subject of deliberation, and what
answer he should coraraunicate to congress." The raerao
rial was referred for consideration ; and after some delay —
after the capture of CornwaUis and the victories of Greene
had changed the British rainistry, and peace was inevitable,
— France sanctioned his reception, and he was gratified by
a pubUc acknowledgment. During these interesting mo
ments, he received a letter from the secretary of foreign
* 6 D. C. 198.
15

114 THE LIFE OF
affairs disapproving his having printed his memorial, and
having urged his admission to court. His reply shows his
views of the effects of this measure,* and of the conse-
* John Adams io congress.— 6 Dip. Corres. 258.—" The proposition to the
president being taken ad referendum, it became a subject of the deUbera
tion of the sovereignty. The prince, therefore, and the whole court, are
legaUy bound to treat it with respect, and me with decency ; at least, it would
be criminal in them to treat me or the subject with indecency. If it had
not been presented and printed, I am very sure I could not long have resided
in the republic ; and what would have been the consequence to the friends
of Uberty, I know not. They were so disheartened and intimidated, and the
Anglomanes were so insolent, that no man can say that a sudden frenzy
might not have been excited among the soldiery and people, to demand a
junction with England, as there was in the year 1748. Such a revolution
would have injured America and her aUies, have prolonged the war, and
have been the total loss and ruin of the repubUc.
" Immediately upon the presentation of my memorial, M. Van Berckel ven.
tured to present his requite and demand for a trial. This contributed stiU
further to raise the spirits of the good people, and soon after the burgomasters
of Amsterdam appeared with their proposition for giving the prince a com
mittee for a councU, and in course their attack upon the duke ; aU which
together excited such an enthusiasm in the nation, and among the ofiicers
of the navy, as produced the battle of the Doggerbank, which never would
have happened, in all probabiUty, but would have been eluded by secret or
ders and various artifices, if the spirit raised in the nation by the chain of
proceedings of which the American memorial was the first and an essential
link, had not rendered a display of the national bravery indispensable for the
honour of the navy, and perhaps for the safety of the court.
" The memorial as a composition, has very Uttle merit ; yet almost every
gazette in Europe has inserted it, and most of thera with a compliment, none
without any criticism. When I was in Paris and VersaiUes afterwards, no
man ever expressed to me the smallest disapprobation of it, or the least appre
hension that it could do any harm. On the contrary, several gentlemen of
letters expressed higher compliments upon it than it deserved. The king of
Sweden has done it a most iUustrious honour, by quoting one of the most ma
terial sentiments in it, in a pubUc answer to the king of Great Britain ; and the
emperor of Germany has since done the author of it the honour to desire in the
character of Count Falkenstein to see him, and what is more remarkable, has
adopted the sentiments of it conceming reUgious Uberty into a code of laws
for his dominions, — the greatest effort in favour of humanity, next to the
American revolution, which has been produced in the eighteenth century.

HAMILTON. 115
quences of his firmness. It also discloses his indignation
at the infiuence which had been exerted against hira,
charging expressly, that it was the -design of the French
" As my mission to this repubUc was wisely comraunicated to the court of
VersaUles, who can say that this transaction of congress had not some influ
ence in bringing De Grasse into the Chesapeake Bay ? Another thing I
ought to mention ; I have a letter from Mr. Jay, informing me that in the
month of June last, M. Del Campo was appointed by the court of Madrid to
treat with him ; the exact time when my meraorial appeared at Madrid.
You may possibly say, that ray imagination and self-love carry me extraor
dinary lengths ; but when one is caUed upon to justify an action; one should
look all round. AU I contend for is, that the memorial has certainly done
no harm ; that it is probable it has done some good, and that it is possible
it has done much more than can be proved. A man alwayp raakes an awk
ward figure when he is justifying himself and his own actions, and I hope I
shall be pardoned. It is easy to say, ' il abonde trop dans son sens ; il est
vain et glorieux ; il est plein de lui-mime ; il ne voit que lui ;' and other
modest things of that sort, with which even your Malesherbes, your Turgots,
and Neckers, are sometimes sacrificed to very small intrigues.
" Your veterans in diplomacy and in affairs of state consider us as a kind
of militia, and hold us, perhaps, as is natural, in some degree of contempt ;
but wise men know that miUtia sometimes gain victories over regular troops,
even by departing from the rules. Soon after I had presented the memorial,
I wrote to the Due de la Vauguyon upon the subject of inviting or admitting,
in concert, the repubUc to accede to the aUiance between France and Ame
rica. The duke transmitted that letter to the Count de Vergennes, which
produced the offer to congress from the king, to assist us in forming a con
nection with the republic, and the instructions upon the subject, which I
shall execute as soon as the French arabassador thinks proper. With him it
now Ues, and with him, thank God, I have hitherto preserved a perfectly
good understanding, although I differed from him in opinion conceming the
point of tirae to raake the forraer proposition.
" The evacuation of the barrier towns has produced an iraportant commen
tary upon the conversation I had with the duke, and his opinion upon that
occasion. How few weeks was it, after the publication of my memorial, that
the Roman emperor made that memorable visit to Brussels, Ostend, Bruges,
Antwerp, and all the considerable maritime towns in his provinces of Bra.
bant and Flanders ? How soon afterwards his memorable journeys to Hol
land and to Paris ? Was not the American meraorial full of matter for the
emperor's conteraplation, when he was at Ostend, Antwerp, and Bruges ?
Was it not fuU of raatter, calculated to stimulate hira to hasten his negotia-

116 THE LIFE OF
"to keep us dependent upon them, that we might be
obUged to accept such terms of peace as they should think
would do for us,"*
tions with France concerning the abolition of the barrier towns ? Was not
the sarae matter equally calculated to stimulate France to finish such an
agreement with him, as we have seen the evidence of in the actual evacua
tion of those towns ? If this evacuation is an advantage to France and to
America, as it undoubtedly is, by putting this repubUc more in the power of
France, and more out of a possibiUty of pursuing the system of Orange by
joining England, and my raeraorial is supposed to have contributed any thing
towards it, surely it was worth the whUe.
" The period since the 4th of May, 1781, has been thick sown with good
events, aU springing out of the American revolution, and connected with the
matter contained in my memorial. The memorial of M. Van Berckel ; the
proposition of the burgomasters of Amsterdam ; their attack upon the duke
of Brunswick, and the battle of Doggerbank ; the appointment of Sefior del
Campo to treat with Mr. Jay ; the success of Colonel Laurens, in obtaining
orders for the French fleet to go upon the coast of America ; their victory
over Graves, and the capture of CornwaUis ; the eraperor's joumey to his
maritime towns, to HoUand, and to Paris ; his new regulations for encour
aging the trade of his maritime towns ; his demoUtion of the barrier fortifi
cations ; and his raost liberal and sublime ecclesiastical reforraation ; and the
king of Sweden's reproach to the king of England for continuing the war,
in the very words of my memorial ; — these traits are aU subsequent to that
memorial, and they are too sublime and decisive proofs of the prosperity and
glory of the American cause, to admit the belief, that the memorial has done
it any material harm.
" By comparing facts, and events, and dates, it is impossible not to beUeve
that the memorial had some influence in producing some of them. When
courts, princes, and nations, have been long conteraplating a great system
of affairs, and their judgraents begin to ripen, and they begin to see how
things ought to go, and are going, a small pubUcation, holding up these ob-
jects in a clear point of view, soraetiraes sets a vast machine in motion at
once, Uke the springing of a raine. What a dust we raise ! said the fly upon
the chariot wheel. It is impossible to prove that this whole letter is not a
simUar delusion to that of the fly. The councUs of princes are enveloped
in impenetrable secrecy. The true motives and causes which govern their
actions, Uttle or great, are carefully concealed. But I desire only that these
events may be aU combined together, and then, that an impartial judge may
* 6 D. C. 395.

HAMILTON. 117
At a dark period of the revolution, a few days after the
plot of Andre had been discovered, congress^ acting upon
a proposition of the empress of Russia for the estabhsh
ment of an armed neutrality addressed to the beUigerents,
empowered their commissioners to accede to its regula
tions.* It was hoped in this mode- to induce the mediation of
Russia, and soon after Dana was accredited as rainister at
that court. He was authorized to sign the convention for
the protection of neutral coraraerce, either with Russia in
conjunction with the other neutral powers, or separately
with either of thera.
Dana apprised Franklin of his coraraission, who advised
its being coraraunicated to Vergennes, and that his opinion
should be taken, whether it would be proper to disclose
his powers to the court of St. Petersburg, and obtain their
approbation before he proceeded to Russia. Frora the
latter part of this advice he dissented, for reasons to which
FrankUn assented ; and though the conduct of Vergennes
satisfied hira that it was the policy of France not to ren
der the United States " independent" by new allies, he
proceeded on his raission.
His instructions indicated it as " a leading and capital
point, that the United States should be formally admitted
as a party to the convention of maritime powers," and
say, if he can, that he beUeves that that homely harmless meraorial had no
share in producing any part of this great coraplication of good.
" But be aU these speculations and conjectures as they wiU, the foresight
of which could not have been sufficiently clear to have justified the measure,
it is sufficient for me to say, that the measure was absolutely necessary and
unavoidable. I should have been contemptible and ridiculous without it. By
it I have secured to myself and my mission universal decency and respect,
though no open acknowledgment or avowal. I write this to you in confi
dence ; you may entirely suppress it, or communicate it in confidence, as you
judge for the public good."
* October 5, 1780.

118 THE LIFE OF
directed him to coraraunicate the general object of his
mission to the resident envoy of France.
On arriving at St. Petersburg, he consulted that envoy,
who evinced a decided repugnance to the disclosure of
his objects or powers. As the fortunes of the United
States rose, repeated applications were made to him for '
an introduction to the court. They were discouraged,
until at last — tied down by his instructions, and con
vinced that, alone and unsustained, his reception would
be refused — he apprised congress of his position, and of
the necessity of douceurs to the Russian cabinet before
a negotiation could be opened. Thus, by the complicated
poUcy of France, America stood dumb before the powers
of Europe.
This letter of Dana was referred to a coraraittee, of
which Madison was chairraan. Though remote, yet
Harailton saw the advantages of opening a commerce
with RrssiA, provided a treaty could be formed on equal
terms without bestowing presents. With this view, he
moved that Dana "be informed that the treaties lately
entered into for restoring peace, have caused such an al
teration in the affairs of these states, as to have removed
the primary object of his mission to the court of Russia —
the acquisition of new supports to our independence. That
with respect to a coraraercial treaty with Russia, they
consider the benefits of it to this country in an extensive
degree as rather reraote, and have therefore httle present
induceraent to enter into it besides a desire of cultivating
the friendship of that court, and preserving a consistency
with the disposition already raanifested towards forming
a connection therewith ; and also of laying the foundation
of a future intercourse, when the circumstances of the two
countries raay be more favourable to the sarae. That as
experience wiU enable both nations to form a better judg
ment hereafter of the principles upon which that inter-

HAMILTON. 119
course may be most advantageously conducted, congress
would wish any treaty now formed to be of temporary
duration and limited to a fixed period. That in this
view, unless he shaU have already formed engagements or
made proposals from which he cannot easily recede, of a
more indefinite and extensive nature before this reaches
him, he be instructed to confine the duration of the pro
posed treaty of commerce to fifteen years, agreeable to
the term limited in a siraUar treaty with Sweden, and to
stipulate expressly that it should be subject to the revisal
of Qongress, and that in all raatters he insist upon exact
reciprocity." As to the proposed douceur, " that he be in
formed, as by the confederation no person holding offices
under the United States are perraitted to receive presents
frora foreign powers, so it is not consistent with the situa
tion or policy of these states to adopt that practice in their
transactions with other nations." After two divisions,
one of which was on a raodification of the prohibition of
douceurs at the instance of Madison, so as to permit the
payraent of any that might have been stipulated, this mo
tion failed.
On the foUowing day, Madison proposed an instruction
to decline making any propositions for a treaty with Russia
unless Dana was pre-committed ; and if so, to limit it to
fifteen years, omitting the prohibition of presents. This
was defeated, and a substitute offered by Elsworth, to
limit the duration of any treaty then in progress to fifteen
years, subject to revisal, passed unanimously.
The question of acceding to the arraed neutrality had
been raised in the course of this debate by Harailton.
He offered as an araendraent this important declaratory
resolution : —
"That though congress approve the principles of the
armed neutrality founded on the liberal basis of a main
tenance of the rights of neutral nations and of the pri-

120 THE LIFE OF
vUeges of commerce, yet they are unwilhng, at this junc
ture, to become a party to a confederacy which may here
after too far complicate the interests of the United States
with the politics of Europe ; and, therefore, if such a pro
gress is not yet raade in this business as may raake it dis
honourable to recede, it is their desire that no further
measures raay be taken at present t6wards the adraission
of the United States into that confederacy." This amend
raent was referred, and a report subsequently passed, which
stated, " that as the priraary object of the proposed acces
sion to the neutral confederacy no longer can operate, and
as the true interest of these states requires they should be
as little as possible entangled in the politics and controver
sies of European nations," it was inexpedient to renew the
powers of Dana.
It approved the liberal principles of that confederacy,
but directed the American commissioners, " in case they
should coraprise in the definitive treaty (with Great Bri
tain) any stipulations araounting to a recognition of the
rights of neutral nations, to avoid accorapanying them by
any engagements which shall oblige the contracting parties
to support those stipulations by arms." Thus it is seen
that at Harailton's instance the great principle which
should be especially the governing raaxira of a republic,
the principle of an absolute neutrahty, was inscribed on the
front of our national councils.* It is an evidence of the
wisdom of this resolution, that each of the parties to the
arraed neutrality entered into engagements vrithin thirteen
years after its origin, in direct contravention of it.
France was stUl pursuing her systera studiously. Va
rious coraraunications were made frora tirae to time by La
* Madison, vol. 1, p. 454, 460, does not give these important proceedings.
He merely refers to the secret journal, and adds that the passage relating to
the armed neutredity was generally concurred in, and assigns certain reasons
for the disagreements as to the treaty of comraerce with Russia.

HAMILTON. 121
Luzerne, the objects of which were to prepare congress for
such concessions as it might be her policy to require. In
one instance they were inforraed that if she did not obtain
" for every state" all they wished, the sacrifice must be
ascribed to necessity; and he expressed "his satisfaction at
the extensive powers with which the ministers are invested
as to the matter of boundary and the truce, which, he
said, " the interests of France as well as of the United
States, require to be as long as possible." They were sub
sequently reminded of the consequences to be apprehended
from the rejection of " reasonable terms." Massachusetts
understood this language, and on the twenty-seventh of
October, seventeen hundred and eighty-one, instructed her
delegates " in a future settlement of peace to insist" upon
the fisheries. This act was referred* the foUowing raonth.
A report was then prepared by Madison,^ containing
new instructions to the American coraraissioners. By this
report the previous territorial liraits were to be insisted
upon. As the coramon right of fishery was an attribute
of sovereignty, France was urged to obtain a stipulation
in favour of it, but if not attainable, by no raeans to sur
render it. It required that there should be no engage
raent for the restitution of confiscated property, nor for
the return of fugitives or exiles, as " any such stipulation
would not only be dishonourable to the governraents of
these states, but obnoxious to the people at large."
" It is not," it added, " unworthy of the circumspection
of his most christian majesty, to reflect whether the resto
ration of those persons may not produce an unequal compe
tition with his subjects, in trade. Many araong thera, be
sides the advantage which they possess from the know
ledge of our language, have accurately informed themselves
• To Madison, CarroU, and LoveU.
t Vol. 1, No. 20, MSS. in departraent of state.
16

122 THE LIFE OP
of the nature of our coramerce from actual experience."
And it proposed, " that no stipulation should be admitted
Umiting the power of the United States to impose restric
tions on British comraerce, assigning as the motive, that
this power " alone wiU leave to his allies the future oppor
tunity of raanifesting their preference of his interests to
those of his eneraies and rivals."-
This report was araended,* and on the eighth of Janu
ary following was laid before the house. Having admitted
that the fisheries and other cldims of the United States
were not to be included in the ultimatum, it instructed
their ministers " to acquaint his most christian majesty,
that, notwithstanding the occasion presented to the United
States by the signal and various advantages gained over
the enemy, of enlarging their ultimatura for peace, the
firra reliance which congress have on the friendship and
influence of his majesty, has deterrained them not to de
part frora their (previous) resolution, by which all ihe ob
jects of their desires and expectations, excepting only the
independence of the United States and their alliance with
his majesty, are eventually submitted to his councils. But
in order to make him more fully sensible of the extent and
foundation of these desires and expectations, have thought
it expedient that some observations should be made to him
relative to the several objects which are most likely to fall
within the corapass of negotiation."
The objects were then stated. They were the bounda
ries — the fisheries — the exclusion of any provision for the
restoration of confiscated property. Again adducing as the
raotive, that it wiU leave his aUies the future opportunity of
raanifesting their preference of his interests to those of his
eneraies and rivals, " Congress," it declared, " do for these
reasons, most eamestly desire, expect, and entreat," that his
* 3 S. J. 151.— 1782. Madison, LoveU, CarroU.

li It

HAMILTON. 123
majesty wiU spare no effort to exclude any restraint upon
the United States frora iraposing on the trade of Great
Britain any duties, restrictions, or prohibitions, which raay
hereafter be judged expedient, unless, and so far only, as
a relaxation in this point raay be essentially necessary for
obtaining peace or the several objects above raentioned.
The views of the French rainistry, and the nature and
extent of their influence, are also shown in a despatch frora
Marbois, then secretary of the French legation, dated at
PhUadelphia, on the thirteenth of March, seventeen hun
dred and eighty-two.* It stated " that a delegate frora
congress, lately arrived in Carolina, has, it is said, been
chosen governor. He has coraraunicated to the persons
of most infiuence in this state the ultimatura of the month
of  last, who approved of the clauses in general, and
particularly that one which leaves the king master of the
terms of the treaty of peace or truce, excepting indepen
dence and treaties of aUiance. A delegate frora South
Carohna told rae that this ultiraatura was equally weU
known to persons of note in this state, and this had given
entire satisfaction there. It is the same with regard to
several other states ; and I beUeve I may assure you, upon
the testimony of several delegates, that this measure is ap
proved by a great majority."
It apprised the court of the excitement in Massachusetts
as to the fisheries, and suggested, as a means of preventing
the success of the advocates of them, that the king should
cause " his surprise to be intimated to congress or to the

* Madison observes : " Marbois lately took occasion in our family to com-
jdain of ungenerous proceedings of the British against individuals, as weU as
against their enemies at large ; and finaUy signified that he was no stnmger
to the letter transmitted to congress, which he roundly averred to be spuri
ous." — Madison Papers, vol. 1, p. 531. See Lifeof Jay, vol. 1, p. 146, which
states that " he acknowledged it to be his," to " a gentleman employed ui
the foreign service of the United States."

124 THE LIFE OF
ministers that the Newfoundland fisheries have been in
cluded in the new instructions ; that the United States
set forth pretensions without pajdng regard to the king's
rights, and without considering the irapossibility they
are under of raaking conquests and keeping what belongs
to Great Britain. A declaration that France was not bound
as to the other fisheries was urged, whUe New- York, Charles
ton, and Penobscot, were in the eneray's hands ; — "our allies
wiU be less tractable than ever upon these points whenever
they recover these important posts.'' " There are some ju
dicious persons to whom one may speak of giving up the
fisheries, and the (lands) of the west, for the sake of peace.
The advocates for peace are those who hve in the country.
The inhabitants of towns do not wish for it ; but it is a happy
circurastance that this division is nearly equal in the con
gress and araong the states, since our influence can incline
the beam -either for peace or war, whichever way we choose^
The inteUigence of the capture of Yorktown, had deter
mined the British ministry to renew their efforts to nego
tiate directly with the United States. A letter* was ad
dressed to Franklin by David Hartley, after a conference
with Lord North, suggesting, as general grounds of a pro
posed negotiation tending towards peace under liberal con
structions, that " the question of dependence or indepen
dence should remain sub-silentio and for a separate treaty.
Franklin's reply treated with just indignation the idea of a
separate peace, and quoted the treaty of alliance with
France, stating that the "great difficulty may be easily got
over, as Bl formal acknowledgment of our independence is not
made necessary ."f
Another agent was despatched for a similar purpose to
Adams, who opposed all idea of a truce, adding, that the
powers of the commissioners were known.
* December, 1781. + 3 D. C. 284.

HAMILTON. 125
Lord North, whose object was represented to have been
to draw the United States into a separate negotiation,
and thus to excite the distrust of France, resigned. An
overture was then made* by his successors through Lord
Cholmondelly ; and a letter was written by Franklin to
Lord Shelburne, conveying his wishes for a general peace.
This induced the mission of Richard Oswald to Paris,
by whom an interview was had with Franklin and Ver
gennes, in which the readiness to enter into a joint nego
tiation by all the aUies for a general pea^e was avowed.
A simUar overture was at the sarae time made to Adams,
in which it was inquired, " whether there was any authori
ty to treat of a separate peace ; and, whether there could
be any accomraodation upon any terras short of inde
pendence." He replied " that a tacit or express acknow-
ledgment of independence was indispensable," and " that
no treaty could be made separate from France." Franklin,
aUuding to this letter, intimated that frora a recent " act"
as to prisoners, it wdl be less difficult for them to acknow
ledge it expressly. Referring to a former letter, Adaras
stated, " that when he hinted that he thought an express
acknowledgraent of independence might now be insisted
on, he did not mean that we should insist upon such an
article in the treaty. If they make a peace with the
United States of Araerica, this is acknowledgment enough
for me."
Oswald was foUowed by Grenville. His first corarais
sion was raerely to treat vrith France ; a second was ob
tained, extending his powers to "any other prince or
state," with instructions to propose the independence of
the United States in Xhe first instance, and "not as" a con
dition of a general treaty.
At this moment the Rockingham ministry was broken
« April 14, 1782.

126 THE LIPE OF
up. Fox and his friends, who had advised the preUminary
acknowledgment of independence, resigned, and Lord
Shelburne, who, in conformity with the feeUngs of the
king, had opposed it, took the first place in the cabinet.
Acting upon his previous policy, Shelburne declared in the
house of lords, " that whenever parliament should acknow
ledge the independence of Araerica, the sun of England's
glory was set forever."
As this acknowledgment became the vital question in
the negotiation, it is necessary to advert to previous cir
curastances. It has been seen that Franklin had not con
sidered this as a preliminary to be insisted upon, acting
in obedience to the instructions of the fifteenth of June,
seventeen hundred and eighty-one, dictated by France.
When those instructions were received by him, in his let
ter to the president of congress, after stating* " the satis
faction of Vergennes with the unreserved confidence in
his court," and his assurance that it would not be abused,
he observed, " that I cannot but think the confidence well
and judiciously placed, and that it wiU have happy effects."
A not less decided approval of this comraission was
expressed by Adams ; he accepted it with satisfaction, de
claring that he thought "it a measure essentially right;
that it was a demonstration of greater respect to the
powers of Europe, and must be more satisfactory to ihe
people of America than any former one."f
What his actual opinions as to France were, it is not
easy to judge. He declared " that France was the natu
ral friend of the United States, Araerica the natural friend
of France ; that England was the natural eneray of France,
and therefore of the United States."J But he also stated,
" that to form immediate coraraercial connections with that

• 3 D. C. 236. t 6 D. C. 160-2.— October 4, 1781.
I 5 D. C. 105.

¦HAMILTON. 127
half of Europe which ever has been, and with Uttle varia
tion ever wdl be, opposite to the house of Bourbon, is a
fundaraental maxim of that system of American politics
which I have pursued invariably since the beginning of
this war."* He avowed that " every suspicion of a wa
vering disposition in (her) court concerning the support
of Araerican independence is groundless, is ridiculous, is
irapossible ;"f but he also asserted, that " the policy of
France, from his first observation of it to this hour, had
been as averse to other powers acknowledging the inde
pendence of America, as England had been."J
When these instructions were received by Jay, he
acknowledged to congress the confidence evinced in him,
and his readiness to serve in any capacity. But he re
marked, " As an American, I feel an interest in the dig
nity of my country, which renders it difficult for me to
reconcile myself to the idea of the sovereign, indepen
dent states of America, subraitting, in the persons of their
ministers, to be absolutely governed by the advice and
opinions of the servants of another sovereign, especially
in a case of such national importance." He admitted
the "gratitude and confidence" due to France, that it
would probably be in her power " almost to dictate the
terms of peace ;" but he declared that he did not believe
that America, thus casting herself into the arms of the
king of France, would advance either her interest or her
reputation with that or other nations, and therefore en
treated to be relieved from a station, where, in character of
rainister, he must receive and obey, (under the name o{ opin
ions,) the directions of those "on whom he really thought
no American minister ought to be dependent."§ This let
ter was dated in September, seventeen hundred and eighty-
* 7 D. C. 255. t 4 D. C. 292. t 6 D. C. 509.
§ 7 D. C. 451.

128 iTHE LIFE OF

one. It was followed by another, asking permission, in
consequence of iU health, and because no prospect existed
of any benefits frora Spain, to visit either France or Hol
land. Congress passed a resolution approving his opinions
as to the Mississippi, and had appointed him a coraraissioner
to treat for peace, yet, at the raoraent when every probabili
ty existed of a negotiation being opened at Paris, would
not grant hira perraission to leave Spain, and proceed to
the place where this negotiation was to be conducted.
Other motives may have influenced their decision ; but it
is not an improbable conjecture, that his sentiraents as
to the policy of France, and the indignation he had
expressed as to his instructions, had weight in this deter
raination. The daily subterfuges of Spain, countenanced by the
ambassador of France, satisfied Jay that Spain had re
solved not to acknowledge the independence of the United
States. He declared, " that many reasons induced him to
think that France did not, in fact, wish to see us treated
as independent by other nations until after a peace, lest
we should become less raanageable in proportion as our
dependence on her shall diminish ; and that England would
be the first nation to acknowledge that independence." Yet
he properly affirmed, " that as long as France continued
faithful, that we ought to continue hand in hand to prose
cute the war, untU aU their as well as aU our . reasonable
objects can be obtained by a peace ; for that he would
rather see Araerica ruined than dishonoured."
Having received an invitation from Franklin to join him,
Jay soon after proceeded to Paris, where he had the pa
triotism to act upon his commission, and the firmness to
disregard his instructions. On his arrival there, on the '
twenty-third of June, he found the aged minister alone ;
Adaras being yet in HoUand, Laurens a prisoner in En
gland, Jefferson, deterred, as he says, "by the uncommon

HAMILTON. 129
vigilance of the enemy's cruisers," remaining in Ame
rica.* f
The British minister had in the interval employed agents
to ascertain the disposition of the American commission
ers, as to a waiver of an express recognition of the inde
pendence of their country. They reached Paris after
Jay's arrival there, and returned convinced that every at
tempt to inveigle the United States must fail.
These overtures alarmed Vergennes. J He saw that the
capture of Yorktown had placed England and the United
States in a position which must result in peace. How to
control its terms, was with hira the only remaining ques
tion, wearied as France was with the continued demands
for aid. His efforts to exclude the United States from a
general congress, and to prevent a direct negotiation vrith
Great Britain, had succeeded. Thus Paris was stiU the seat
of negotiation. It was important to thwart any atterapts
* Jay's Life, vol. 1, p. 170.
t " Such was the state of my family, that I could not leave it, nor could
I expose it to the dangers of the sea, and of capture by the British ships then
covering the ocean. I saw, too, that the labouring oar was really at home,
where rauch was to be done of the raost permanent interest, in new model
ling our governments, and much to defend our fanes and firesides from the
desolations of an invading enemy, pressing on our country in every point." —
Jefferson's Works, vol. 1. p. 41.
X " The letter in the first page of the Gazette of this moming," Madison
wrote Randolph, " was written by Mr. Marbois. In an evening of promis
cuous conversation I suggested to him my opinion that the insidiousness of
the British court, and the good faith of our ally, displayed in the late abor.
tive attempt of the former to seduce the latter, raight with advantage be
made known, in some forra or other, to the public at large. He said he
would think of the raatter, and next day sent rae the letter in question, with
a request that I would revise and translate it for the press, the latter of which
was done. I raention this, that you raay duly appreciate facts and senti
ments contained in this publication." This was suggested by propositions
of England for a separate peace — called by Madison an " insidious step." —
I Mad. 131, 141. It raay be asked, Did Englzmd form the eilUance against
¦herself? 'Was she bound to respect it ?
17

130 THE LIFE OF
to transfer it elsewhere. With this view a verbal commu
nication was raade by the French rainister to the secretary
of foreign affairs, caUing upon congress to declare, " that
in case coraraissioners offered to treat upon this continent,
they should be referred to the ministers of the United
States, who are provided with instructions on this subject
in Europe ; that the court of London should address itself
to these, and that it is impossible that the seat of negotia
tion should be in America."*
This suggestion produced the desired result. A reso-
lutionf was reported by Madison, which declared, in case
such overtures should be made, that " congress will not de
part from the measures which they have heretofore taken
for preventing delay, and for conducting the discussions
in confidence and in concert with his most christian ma
jesty." Madison's report of January had, in the raean tune, re
mained with the coraraittee to which it was referred. It
was not brought forward until August, when a paper was
presented to congress, prepared by Edraund Randolph,
contaimng facts and observations on the clairas not inclu
ded in the ultiraatura of the fifteenth of June, seventeen
hundred and eighty-one.
This report was in conforraity with the previous one of
Madison. A motion for revoking the power given to
France was again made. " It was pushed," Madison wrote
Randolph; " with the expected earnestness, but was parried,
and wiU issue, I believe, in an adoption of your report,
with a representation thereupon to the court of France." J §
* 3 D. C. 297. t May 31, 1782.-3 S. J. 138.
X Madison Papers, v. 1, p. 159.
§ " In my last I informed you that the motion to rescind the control
given to France over the Ataerican ministers had been parried, and would
probably end in an adoption of yunr report. It was parried by a substitute
so expressed as to give a committee sufficient latitude in reporting without

HAMILTON. 131
Another conference was had in September with the
French minister ; on this occasion, extracts frora several
letters addressed to him by the Count De Vergennes, were
read : one of the ninth of April, stating that " their joint
efforts would be crowned with success, if on the one hand
making the greatest exertions to procure the completest
satisfaction, they on the other hand confined themselves
within such bounds of moderation* as would give no um
brage to any one of the powers at war with Great Bri
tain." Others of the second of May and twenty-eighth
of June were produced, intimating that it was now evi
dently the object of Great Britain to lessen their exertions
on this continent, to adopt a defensive war, and having
succeeded in one of these objects, to return against the
United States with redoubled efforts. Congress were ex
horted to declare that no peace but a general one would
be attended to ; they were assured that when the negotia
tions were entered into with sincerity, France would exert
her good offices on all points connected with the prosper
ity of the United States ; that congress were theraselves
sensible of the distinction between the conditions of jus
tice and rigour, and those of convenience and compliance,
which depended on the good or bad situation of affairs ;
that though the circumstances of the aUies were very
proraising, such events raight happen as might make it
advisable to adopt the part of raoderation. The necessity
of England being convinced of the irapossibility of treat
ing separately was urged, and they were called on to
proclaira that the United States would not raake peace
without the concurrence of their ally, and that if any
implying on the part of congress a design to alter past instructions; the
composition of the committee appointed according well with the object
of the substitute," &c. — Madison to Edmund Randolph. — Madison Papers,
v. 1.' 160.— August 20, 1782.
* September 24, 1782.

132 THELIFEOF
overtures were to be made, the American plenipotentia
ries were sufficiently erapowered to receive them.
This communication was referred to a larger committee.
Their report, after expressing the utraost confidence in
the assurances and good offices of France, declared,* that
" considering the territorial claims of these states as here
tofore made, their participation of the fisheries, and of the
free navigation of the Mississippi, not only as their indu
bitable rights, but as essential to their prosperity, they
trust that his raajesty's efforts wiU be successfully employ
ed to obtain a sufficient provision and security for those
rights. Having avowed, " that any claim of restitution or
corapensation for property confiscated, wiU meet with in
superable obstacles, not only on account of the sove
reignty of the individual states," but of the wanton depre
dations of the enemy, they express a further trust, that
"the circurastances of the aUies at the negotiations for
peace wiU be so prosperous, as to render these expecta
tions consistent with the spirit and moderation recommended
by his majesty. '\
The wishes of the king of England had, during this
period, been consulted by his ministry, and an act was
passed " to enable hira to conclude a peace or truce" with
certain "colonies" therein mentioned. On the twenty-
fifth of July, Oswald received a warrant to treat in pursu
ance of this act. This warrant was submitted to Ver
gennes, Franklin, and Jay.
Vergennes gave his opinion that it might be acted upon,
" that naraes signified little, that an acknowledgraent, in
stead of preceding, must, in the natural course of things,
be the effect of the treaty, and that it would not be rea-

* October 3, 1782.— 3 S. J. 243.
t This report was from Madison, Duane, Rutledge, Montgomery, and
CarroU.

HAMILTON. 133
sonable to expect the effect before the cause." He urged
an exchange of powers with the British commissioners, on
the ground that an acceptance of them would be a tacit
admittance of it.
Franklin had always intended to secure the inde
pendence of the United States ; but as to the mode, it
has been seen that he would have been satisfied with a
tacit acknowledgraent of it. Adhering to this opinion,
he concurred with Vergennes, and sustained this course
on the ground that it was an acquiescence with the
views of that minister, as prescribed by his instruc
tions. Jay dissented from this opinion ; he considered
the instructions of seventeen hundred and seventy-nine,
framed by Gouverneur Morris, as indicating the sentiments
of the nation before its counsels had been influenced by
France ; and although he then voted for a tacit recogni
tion, the position of'the country had changed — the Araeri
can arras had triumphed, and England had resolved on
peace. These considerations would have been sufficient of them
selves, but there was another which could not have been
without weight. Whatever pohcy might have been pre
viously adopted, the public declaration of Lord Shelburne
left no alternative consistent with the honour of the coun
try, but an open, explicit, prelirainary acknowledgment
of its independence; Jay did not conceal frora Franklin
the suspicions which the readiness of Vergennes to waive
this point had produced. The French rainister had, on
previous occasions, wnen he knew that such a requisition
was an insuperable bar to aU negotiation on the part
of England, declared that it must be insisted upon. That
vrith aU the advantages in his favour, so practised a
statesman should have abandoned this opinion, if he had
ever seriously entertained it, without some motive, was
not to be supposed. The only adequate motive to be as-

134 THE LIFE OF
signed was, a desire to defer this acknowledgment, to
make it an article of treaty, and thus dependent upon all
the contingencies of such a treaty, untU, as the Spanish
minister had intimated, the conclusion "of a general
peace." Spain had claims to which the United States
were unwilling to accede ; France had deraands upon
Great Britain, to the attainment of which, the support of
Spam was important. The United States were under no
engagements to continue the war for the proraotion of the
views of Spain. But the treaty of alliance corapelled them
not to cease hostihties until their independence was se
cured. The British ministry held their places on the
tenure of peace with Araerica ; but if that had been
effected, Vergennes weU knew that the teraper of the Bri
tish nation would have sustained a war with France or
Spain from motives of policy or resentment. Thus, not
only the question whether to proraote the designs of Spain
as to the Araerican territory, or to obtain advantages frora
Great Britain, or even a general peace raight depend on
deferring the recognition by England of the United States
as a nation. The strong repugnance of the British
monarch to an express acknowledgment might also have
induced a belief, if that should be rehnquished by her instru
mentality, that France raight gain an equivalent for this
service. Acting upon a full view of his position, Jay ap
prised Oswald of his objections to his coraraission ; who, to
reraove thera, disclosed to him the instructions to Sir Guy
Carleton to admit independence in the first instance. Jay
avowed that he would have no concern in any negotiar
tion " that did not consider his countrymen as independent
people," and drafted a coraraission to be issued by Great
Britain. A second discussion arose vrith the French minister on
the reception of Oswald's powers ; Vergennes remained
of his former opinion, and asserted that an acknowledg-

HAMILTON. 135
ment previous to a treaty was unnecessary, denied that
it was sufficient for the United States to be treated with
on the ground of equality as other nations were, but
insisted that an explicit acknowledgment of independence
in the treaty was "very necessary," to prevent future
clauns. The reply of the British rainistry to Oswald pro
ceeded on the idea of an acknowledgment as an article
of treaty.* This course was adraitted by hira to have
been adopted in consequence of the intihiation of Ver
gennes that it would be sufficient.
A strong expression of the determination not to permit
the question of independence to be the subject of a treaty,
and thus iraplying that America was not then independent,
was embodied in a letter frora Jay to Oswald, which was
subraitted to Franklin, who disapproved it, lest it raight
possibly be productive of future embarrassment, and as
involving a departure from their instructions. After weigh
ing this objection, Frankhn having declined to sign this
letter. Jay gave it to Oswald. Vergennes had, raeanwhile,
proposed that Oswald should by letter declare that he
treated with the United States as independent ; an ex
pedient which was, of course, rejected. The fixed pur
pose of France was manifested upon another occasion.
In consequence of an intimation to that effect by the court
of Spain, a conference was held with their envoy at Paris.
In this conference, the claims of Spain having been set
forth. Jay, without entering into the discussion, presented
a copy of his comraission, and asked if the Spanish envoy's
powers were equally extensive.
He affirmed that they were, but did not produce them.
Vergennes, who was present, remained sUent ; but Ray
neval, the secretary of the council, urged that this prelimi
nary should be dispensed with.f
» 8 D. C. 143.— Jay's Life, v. 1, p. 144. f 8 D. C. 201.

136 THE LIFE OF
Having ascertained that through the interference of
France, the unsatisfactory powers to Oswald were framed,
and that Rajmeval had proceeded secretly to London,
there was enough to awaken the suspicions of any pru
dent minister. These suspicions were confirraed by the
disclosure to Jay of the contents of the recent despatch
of Marbois, and on the following day he sent a secret
agent to England, to represent the absolute necessity of a
preliminary acknowledgment of independence, of a mu
tual participation in the fisheries and in the navigation of the
Mississippi being conceded, and that it was the policy of
France to postpone this recognition. This communication
had the intended effect. A commission* to Oswald, "to
negotiate with comraissioners vested with equal powers hy
and on the part of the United States of America," was
received in Paris late in Septeraber.
The points now to be adjusted were the boundaries, the
fisheries, and the clairas of the loyahsts.
The progress of the negotiation confirmed the suspicions
entertained by Jay as to the policy both of France and
Spain, with respect to the territorial hmits of the United
States. The iraportance of obtaining the alhance and aid
of the Spanish rainistry was such as to have led him to
think, previous to his mission, that a cession raight wisely
have been made of the navigation of the Mississippi, as an
induceraent to such an aUiance. But when Spain had, in
order to proraote her own views, entered into the war,
when she refused to recognise the United States as a na
tion, and faded in her engagements as to aid, every induce
ment to such a concession ceased ; and he dissuaded con
gress from granting it, on the ground that it would render
a war vrith Spain unavoidable, and " that he should look on
his subscribing to the one, as fixing the other."
* Sept. 21, 1782.

HAMILTON. 137
In the project of a treaty, in obedience to his instruc
tions, which he was aware were known to Spain, he of
fered this cession, but upon his own responsibiUty annexed
a declaration, " that if its acceptance, together vrith the pro
posed alliance, should be postponed to a general peace, the
United States would not be bound by this offer." Cir
cumstances occurred subsequently to this, which had a
strong influence on the action of congress. On the cap
ture of Pensacola, Spain, instead of providing in the capitu
lation that the British troops should not serve against the
United States, permitted them to reinforce their garrison
at New- York. Similar terms were granted in the surren
der of the Bahama islands.
These occurrences excited strong indignation in America,
which was increased by the unjustifiable interruption of
the Havana trade,* in consequence of which, American
vessels were detained a long time in the service of Spain, no
compensation for the delay made?, and then sent away
without convoy, and many of them captured. But the
event which made most irapression was an expedition of a
party of Spaniards and Indians from St. Louis, who seized
a smaU post on the St. Joseph, occupied by a few English
soldiers, took possession of it with its dependencies, and
also of the river Illinois, in the name of his catholic ma-
jestv, and displaj'ed the standard of Spain as a forraed
assertion of her title. This act was decisive of the pur
poses of that government.
A committee was appointed by congress to revise the
instructions to Jay, (prepared by JNIadison,) not to insist
upon the free navigation of the Mississippi. Their report
would have exposed the United States to the risk, if Spain
chose to claim it on the ground of the secret article with
France, of bemg compeUed to conclude a treaty " on her
• 8 D. c. 21L
18

138 THE LIFE OF
first requisition." It was amended on the next day* at the
instance of Rutledge, so as to direct hun " to forbear raaking
any overtures or entering into any stipulations in conse
quence of overtures previously made by him ; and he was
authorized to leave Spain, and go into any other part
of Europe, whenever the state of his health might re
quire it."
If the American comraissioner had any doubts remain
ing as to the policy of Spain, they were reraoved by the
disclosure of the contents of an intercepted despatch from
the French arabassador at Madrid to Vergennes. This
docuraent represented the strong aversion of the catholic
court to any Araerican settlements on the Mississippi, as
they would engross the trade of New Orleans and Mexico ;
that Spain was determined to make the Indians a barrier
between their possessions ; " that she would find the
means, if necessary, to obstruct their progress ; and that
France could not afford" Spain a greater proof of " her"
attachraent, than in employing " her" influence in the Uni
ted States to divert their views from the navigation of the
Mississippi. f
In the conference which has been mentioned between
D'Aranda and Jay on the twenty-ninth of June, the former
expatiated on the rights of Spain to a large tract of coun
try east of the Mississippi, as conquests from England, re
ferring to the post recently taken on the St. Joseph, and
remarked as to such part of that region as she had not con
quered, that it was the territory of free and independent
nations of Indians, whose lands could not be claimed by
the United States. J She then proposed a longitudinal
line as an arbitrary boundary, which would have dissev
ered from the United States a large portion of her west
ern territory. " The extravagance of this hne" was mdi-
»Aug. 1, 1782. t Life of Jay, vol. 1, p. 139. t 8 D. C. 150.

HAMILTON. 139
cated by Franklin and Jay to VSrgennes, but he, as before,
was reserved. The secretary Raj^neval took up the discus
sion, urged Jay again to treat without any exchange of
powers with D'Aranda, and subsequently submitted to
him a memoir which defended at length the claims of
Spain, and proposed to the United States the admission
of another arbitraiy lirait.
This proposition iraplled that Great Britain was entitled
to aU the country north of the Ohio, and left in question
the rights of the United States to the extensive western
region above the thirtj-first degree of latitude. These sug
gestions were considered as part of that policj' which had
instructed* De Grasse " to withdraw his fleet when the
enemy were at our feet, and a month's delay would have
reduced either New- York or Charleston ;" and which
would have postponed the recognition of independence to
the conclusion of a general peace.
The desire of France to confine the limits of the United
States, was again evinced about the tirae of the return of
Oswald's fuU commission. Upon an intimation by D'Aran
da of a wish to commence the negotiation. Jay expressed
his readiness when their powers should be exchanged.
D'Aranda inquired whether Jay had not been apprised
of his having been authorized by the prime minister of
Spain. He admitted it, but required the exchange of their
commissions. This was objected to on the ground that
Spain had not acknowledged our independence. Ver
gennes urged a treaty with Spain in the same manner as
with France — that Spain did not deny the independence —
and proposed that a conference should be held without
saying a word about it, stating that an acknowledgment
of it would be the natural effect of the proposed treaty.
Jay replied, that, being independent, " both the terms of his
• 3 D.C. 355.

140 THE LIFE OF
commission and the dignity of America forbade his treat
ing on any other than an equal footing."
On the sarae occasion, Rayneval urged the adoption of
the conciliatory line he had proposed, and the advantage
of placing the Indians on each side of it under the protec
tion of the respective sovereigns. Jay answered, that as
far as these demands affected the Indians, it was a question
between thera and the United States, and remarked upon
the recency of these territorial claims. Rayneval in reply
observed, " that the Spanish prirae minister had not un
derstood the subject, and iraputed his former ideas of the
United States extending to the Mississippi to his ignorance
of that matter." A reply that left it not difficult to con
jecture by whora these recent claims had been suggested.
That Spain should have sought these advantages, might
have been anticipated from the policy of that nation.
How France could have sustained the proposed mutilation
according to an arbitrary Une, involving a principle by
which it raight have been extended much further east, it is
difficult to conceive, when the grounds of the American
pretensions are understood. By the treaty of Paris, aU the
region clauned by the United States had been ceded to the
sovereign of Great Britain. This, by charter, she had
granted, and defined as extending to the Mississippi. Thus
it was held previous to the revolution, and thus under the
sarae limits it (by the revolution) devolved upon those who
had acquired the sovereignty of this country.
France had acknowledged the independence of the Uni
ted States; she had by treaty adraitted their territorial
claims ; she had by treaty guarantied all the possessions
which then belonged to thera, to take effect at the instant
of a war between France and Great Britain ; which war,
preceding that between Spain and England, precluded all
pretensions on the part of Spain by right of conquest.
Immediately after the commission was received by Os-

HAMILTON. 141
wald, the commissioners entered upon the negotiation,
with an express agreement on each part, that it should not
be disclosed to France. It comraenced on the first of
October, and on the eighth of that raonth, articles, of
which the draft was prepared ,by Jay, were mutuaUy
signed. After an express prelirainary acknowledgraent of the
independence of the United States, their boundaries were
defined as prescribed in the original ultiraatura of seven
teen hundred and seventy-nine. The right of fishing and
of curing fish at the accustomed places, as urged by Gou
verneur Morris, the author of this ultimatum, but then
rejected by congress, was granted. The navigation of the
Mississippi was declared to be forever free and open t»
both nations, and the citizens and subjects and ships of
each nation were to enjoy the same protection and privi
leges in each other's ports and countries, respecting com
merce, duties, and charges, as were enjoyed by native
subjects, saving to the chartered trading companies of
Great Britain their exclusive rights.
The decision of the British cabinet upon these articles
was not received until the twenty-third of October, when
it was stated that objections arose as to the extent of the
boundaries and the absence of any provision for the tories,
to confer upon which, a person was deputed from Lon
don. Three days after, on the twenty-sixth* of October,
Adams arrived at Paris, and co-operated in support of the
terras which Jay had been the principal instruraent in ob
taining. It has been studiously laboured to give to Adaras
the chief raerit in this transaction ; but it is only necessa
ry to advert to the state of the negotiation when he arrived
at Paris, to decide to whora it belongs.
* Adams to Livingston, 6 D. C. 436.

142 THE LIFE OF
On resuming the negotiation, an effort was made to con
tract the Umits of the United States, to bring the bounda
ry to the Ohio, and to settle the loyahsts in the vicinity of
the Illinois.
The court of St. Jaraes insisted upon retaining all the
territories eoraprehended within the province of Quebec,
by the acts of parliaraent respecting it. They contended
that Nova Scotia should extend to the Kennebec, and
clairaed all the lands in the western country and on the
Mississippi not express]}' included in our charters and go
vernments, and also all not previously granted by the
crown. But the limits originally proposed were adhered
to, and, with sorae concessions to the east and north, were
acknowledged. The points chiefly contested were the restitution, com
pensation, and aranesty to the adherents of Great Britain,
and a liraitation of the fisheries.
The forraer of these was most urged. It wiU be re
corded to the honour of England, that it was the first in
sisted upon and the last relinquished, and reUnquished not
of choice, but because the British government wer^ satis
fied that congress did not possess the power to raake or to
fulfil the necessary stipulations. A substitute was inserted
recommending the restitution of tiie confiscated estates.
No further confiscations nor prosecutions were to be per
mitted, and all existing prosecutions were to be discon
tinued. An express stipulation was also raade, that no
legal impediment should be interposed to the full recovery,
in sterling money, by the creditors of either side, of all
bona fide debts previously contracted. AU prisoners
were to be discharged ; the American possessions were to
be evacuated without the destruction or deportation of
negroes or other Araerican property ; and conquests sub
sequent to the execution of these articles were to be le-
stored without compensation. A separate and secret

HAMILTON. 143
article was added, defining the boundary between West
Florida and the United States, in case Great Britain should
recover, or be put in possession of it at the conclusion of
the war. The questions as to the fisheries were much de
bated, and wefe satisfactorily adjusted, after a demand of
compensation for injuries being proposed by Franklin and
abandoned. The policy of France with respect to these particulars,
also produced in the rainds of the coraraissioners much
dissatisfaction. The details of the discussion as to the
fisheries are not preserved with sufficient minuteness to en
able a very accurate judgment to be formed of the several
propositions raade. Acting upon the instructions of the
fifteenth of June, seventeen hundred and eighty-one,
Franklin raade no raention of this great interest untd some
time after the arrival of Jay,
His deraand of this right, which congress declared was
" no less indispensable in its exercise" than " indisputable
in its principles,"* was raade to the British negotiator early
in July. It appears that this iraportant claira, then raade
the first time, created not a little surprise in the breast of
the British commissioner.
It had been declared by Lord Chatham that the " exclu
sive right" to the fisheries " was an object worthy of being
contested by the extreraities of war," The reluctance of
England to the participation of the Americans in a pur
suit which, as a nursery of seamen, would enable them to
contest the supremacy of the ocean, may be supposed to
have created obstacles on the part of that maritime power.
Forraer events had shown to France the iraportance the
English crown attached to it ; and hence, had a disposition
existed to interpose an obstacle to a treaty, none other
would have been, more readily seized upon. What shape
* 3 S. J. 158.

144 THE LIFE OF
this question assumed in the progressive negotiations be
tween Great Britain and France, is not known ; whether
that of an equal division of the fisheries, with a total ex
clusion of the people of the United States, or a limitation
of them merely to the coast fishery ; but the evidence is
complete, that France, if she did not oppose, at least looked
coldly on the claims of the United States.
In a conversation held between Jay and Rayneval, (after
Great Britain had resolved to grant them,) to an inquiry by
the latter, " what we demanded as to the fisheries," on being
informed " that we insisted on enjoying a right in common
to them with Great Britain, he intimated that our views
should not extend further than a coast fishery, and insinua
ted that pains had lately been taken in the eastern states to
excite their apprehensions and increase their deraands on
that head. We told hira that such a right was essential .
to us, and that our people would not be content to make
peace without it ; and Franklin explained very fully their
great iraportance to the eastern states in particular. He
softened his manner — observed that it was natural for
France to wish better to us than to England ; but as the
fisheries were a great nursery for seamen, we raight sup
pose that England would be disincUned to adrait others to
share in it, and that for his part he wished there raight be
as few obstacles to a peace as possible. He rerainded us
also, that Oswald's new commission had been issued poste
rior to his arrival at London."
The only remaining question that excites attention upon
which the course of France is to be investigated, is as tO
the proposed stipulations with respect to the loyalists. In
the despatch from Adams,* the representations made by
the French envoy to congress, and the opinion of Ver
gennes in favour of clemency and restitution, are imputed
* 6 D. C. 443-445.

HAMILTON. 145
to a knowledge that the American commissioners were in
structed not to raake any express engageraents in their
behalf, and that congress had not a constitutional authority
to make thera ; and it is suggested that the pertinacity of
England in protecting her adherents, was " stiraulated by
French eraissaries." Congress had indeed declared that it
was their " particular wish" that the return " of these fu
gitives and exiles frora their country" shduld "be most
strenuously opposed,"* and that any stipulations for their
return were dishonourable to the governraent of the states
and obnoxious to the people at large. But that France
should have interposed her influence in their behalf, against
a policy so impolitic and harsh, may be ascribed to other
motives — to the feelings of a nation which regarded loyal
ty as a virtue — which supposed that clemency was the
proper attribute of a crown, and would not, at least on the
part of her ally, be a theme of reproach,
Vergennes, upon an annunciation being made to
him of the signature of the treaty, addressed a sharp re
buke to Franklin for having concluded the preliminary
articles without any communication to him, " although the
instructions from congress prescribe that nothing should
be. done. without the participation of the king," Franklin
mildly answered, that nothing had been agreed in the
prehminaries contrary to the interest of France, " and that
no peace was to take place between us and England till
France concluded hers." He disclairaed any intentional
disrespect to the king, and asked to be excused " this single
indiscretion."! In a subsequent letter to the Araerican governraent, af
ter stating that Vergennes had been satisfied on this point,
he observed, in reference to a possible censure by con
gress, "that their noraination of five persons to this ser-
• 3 S. J. 159. Report of LoveU, Carroll, and Madison, t 4 D. C. 57.
19

146 THELIFEOF
vice, seeras to raark that they had some dependence on
our joint judgments, since one alone could have made a
treaty by direction of the French rainistry as weU as
twenty." He iraputes the conduct of France to an appre
hension that if America should have claimed too much, the
opportunity of peace might have been lost ; coraments on
the suspicions entertained by Adams that Vergennes and
he " were continuaUy plotting against him, and employing
the rainisters of Europe to depreciate his character ;" but
at the sarae time makes the declaration, "I am' persuaded,
however, that he means well for his country, is always an
honest man, often a wise one, but sometiraes and in some
things absolutely out of his senses."*
The result of these negotiations was received by the
people of America with a burst of approbation. Not only
had the United States qbtained all, but raore than they
could have expected ; every essential right had been se
cured — no sacrifice had been made of the national honour.
But a different feeling existed with a party in congress ;
that which the nation approved, they deemed deserving
of censure.
The Araerican comraissioners, on the annunciation to
congress of the conclusion of the prelirainary treaty, ex
plained the motives which had induced thera to approve
of its leading articles. As to the boundaries, they stated
the extent of the British claims — the hostility of France
and Spain to the American interests — and the advanta
geous limits which had been estabUshed,
The provision for the British creditors was defended on
the obvious principles of justice. The articles as to the
refugees were represented as having been assented to by
Great Britain because it was particularly important to its
administration then to ^conclude the negotiation. The
• 4 D. c. 139.

HAMILTON. 147
concealment of the provisions of the treaty from France
was justified on the ground that they " did not correspond
with the policy of France." The stipulation to act "in
confidence and in concurrence with her," was founded on
a mutual understanding that she would assist the United
States in obtaining their " indubitable rights ;" and having
opposed them, they insisted she was no longer entitled to
that confidence, and that the injunction " to do nothing
without the advice and consent of that court," could not
have intended a consultation to procure an injury.
The separate article, they observed, was added from co
gent motives. Deeming it important to extend the Umits
of the United States to the lowest possible point on the
Mississippi, it was thought advisable to irapress Britain
with a strong sense of the value of this navigation to her
future comraerce on the interior waters frora the Saint
Lawrence to the Gulf of Mexico, and thus to render her
averse to the clairas of Spain. These objects railitated
against each other, because to enhance the value of the
navigation, was also to enhance the value of the contiguous
territory, and disincline England to a dereliction of it.
This was effected by a composition : Great Britain with
drew her pretensions above the Yazoo, and the United
States ceded aU below it, in case that power should repos
sess Florida ; both parties retaining the comraon use of
the Mississippi. This composition was inserted in a sepa
rate article, expressly in order to keep it secret, lest Spain
should have been irritated and have retarded the conclu
sion of the negotiation. France had no interest in this
matter — she was not entitled to be inforraed of it,
Jefferson had been appointed early in the session a
meraber of this commission, and was at this tirae engaged
in the departraent of state preparing for its duties. The
advices reraoving the raotives to his departure, his appoint
ment was revoked.

148 THE LIFE OF
Under date of the 'sixth of November, the secretary
of foreign affairs had written "that the clauses of the
commission to Mr. Fitzherbert, which were designed to
include the United States, were strong indications of the
extreme reluctance of the British to give up their supposed
dominion over this countiy," In another letter, under the
supposition that England would withhold the fisheries, he
observed, " they are essential to some states, and we can
not but hate the nation that keeps us from using this com
mon favour of Providence."
Notwithstanding the evidence these despatches gave
that the clauses in the comraission which he had repro
bated were inserted with the approbation of Vergennes,
and although England had yielded the fisheries in despite
of the efforts of France to keep us frora " using this com
mon favour of Providence," a criminatory letter was ad
dressed by him to congress, asking their directions as to
the reply to be given to these coraraunications.
In this letter, after a sharp conderanation of their con
duct, he proposed three resolutions to be passed: one
directing him to coraraunicate the secret article to the am
bassador of France, in such manner as will best remove
any unfavourable impression of the sincerity of these
states or their minister ; another, inforraing the Ameri
can commissioners of this act, and of the reasons which
infiuenced congress, and instructing thera to agree that in
whatever hands West Florida might remain at the conclu
sion of the war, the United States wiU be satisfied with
the limits in the separate article ; and a third, declaring the
" sense" of congress that the provisional articles " are not
to take place until a peace shall have been actually signed"
between France and Britain.
The preamble to these articles declared, " that the treaty
of peace which they were to constitute, was not to be
concluded until terms of a peace shaU be agreed upon be-

HAMILTON. 149
tween Great Britain and France. His Britannic majesty
shaU be ready to conclude such treaty accordingly." This
preamble, he declared, was so expressed, as to render it
" very doubtful whether our treaty does not take place the
moment France and England have agreed on the terms
of their treaty, though France should refuse to sign till her
aUies were satisfied,"
Had the proiposed resolution passed, its effect would
have been to keep the question of peace or war open until
France should have satisfied her allies ; — to have made the
termination of this controversy depend on the disposition
of Spain to relinquish her extravagant pretensions to the
western territory of the United States,
When the character of this treaty is considered, it is not
to be supposed that a coraraunication of such a coraplexion
would have been prepared on the sole responsibiUty and
suggestion of its author, and without confidence in the
strength of the party in congress devoted to France, On
its being read, a vote of censure was proposed as to a
negotiation which raust forever coraraand the gratitude of
the American people, and in which Jay took " a lead no
less honourable to his talents than to his firmness."
This vote of censure was sustained by Madison ;* but
* Judge Peters, who was a meraber of this congress, and who oiFered an
approving resolution, wrote to Jay : —
" I voted against an unwarrantable philippic of censure, brought forward
in congress against your conduct to please the French. I thought then,
and do now, that it was a mean compliance. Our friend Madison, who was
generaUy then with us, left his friends on that subject, and I never liked him
the better for it." Jay repUed : " After my retum in 1784, 1 was informed
of the debate in congress on the proposed resolution which you raention. In
my opinion Madison voted consistently." — 2 Jay's Life, 401, 404.
Referring to a resolution of Virginia, Madison wrote Randolph, January
7, 1783 : — " The preUrainary requisition of an acknowledgment of our inde
pendence, in the -most ample manner, seems to be stiU raore incautious, since
it disaccords with thc treaty of alUance which admits the sufficiency of a

150 THE LIFE OF
there were those in that senate who would have incurred
any sacrifice, rather than a sacrifice of the dignity of their
country to avert the displeasure of any foreign power.
It was resisted, and resisted firmly, perseveringly, and
successfully. Different substitutes were offered. That of HamiUon
declared, that " as congress are desirous of raanifesting at
aU times the most perfect confidence in their ally, the
secret article should be communicated to the minister of
France by the secretary of foreign affairs ; and that he in
form the' coraraissioners of the reasons for that communi
cation, expressing to them the desire of congress that they
will, upon aU occasions, raaintain perfect harraony and
confidence with an ally to whose generous assistance the
United States are so signaUy indebted ; that congress en
tertain a high sense of the services of these coraraissioners,
for their steady attention to the dignity and essential rights
of the United States, and in obtaining from the court of
Great Britain articles so favourable and so important to
those interests."*
These substitutes were referred, and on the nineteenth
of March, a report was made, the draft of which stiU ex
ists with encomiastic interlineations in Hamilton's hand.
During the debate on this report, intelUgence of the sig-

taeit acknowledgment." Also, March 18, 1783 — "The latest letters from
our ministers express the greatest jealousy of Great Britain; and secondly,
that the situation of France between the interfering claims of Spain and the
United States, to which raay perhaps be added some particular views of her
own, having carried her into a discountenance of our claims, the suspicions
of our ministers on that side gave an opportunity to British address to decoy
them into a degree of confidence, which seems to leave their own reputa-
tions, as well as the safety of their country, at the mercy of Shelburne. In
this business Jay has taken the lead, and proceeded to a length of which yoa
can form little idea. Adams has followed with cordiality ; Franklin ha»
been dragged into it."
• Vol. 2, No. 25, state department.

HAMILTON. 151
nature of the preliminary articles was received, and on
the fifteenth of April the instrument of ratification prepar
ed by Harailton was agreed to.
He wrote to Jay : — " Though I have not perforraed my
promise of writing to you, which I made you when
you left this country, yet I have not the less inter
ested myself in your welfare and success, I have been
witness with pleasure to every event which has had a ten
dency to advance you in the esteera of your country ; and
I raay assure you with sincerity, that it is as high as you
can possibly wish.
" The peace, which exceeds in the goodness of its terms
the expectations of the most sanguine, does the highest
honour to those who raade it. It is the raore agreeable, as
the time was come when thinking men began to be se
riously alarmed at the internal erabarrassraents and ex
hausted state of this country. The New-England people
talk of making you an annual fish-offering, as an acknow
ledgment of your exertions for the participation of the
fisheries, " We have now happUy concluded the great work of
independence, but rauch reraains to be done to reap the
fruits of it. Our prospects are not flattering. Every day
proves the inefficacy of the present confederation ; yet the
comraon danger being removed, we are receding instead
of advancing in a disposition to araend its defects. The
road to popularity in each state is, to inspire jealousies of
the power of congress ; though nothing can be raore appa
rent than that they have no power, and that for the want
of it the resources of the country during the war could not
be drawn out, and we at this raoraent experience all the
mischief of a bankrupt and ruined credit. It is to be
hoped that when prejudice and folly have run themselves
out of breath, we may return to reason and correct our
errors,"

152 THE LIFE OF
The preceding narrative develops a policy which evi
dently sought to curtail the liraits and to check the growth
of this infant empire. A confirmation of its purposes is to
be found in the instructions of Montraorin, the successor
of .Vergennes, to his legate in the United States. "That
it is not advisable for France to give to Araerica all the
StabiUty of which she is susceptible :, she wiU acquire a
degree of power she will be too well disposed to abuse."
It is seen in the continued efforts of her agents to support
the impotent confederacy of the states, after every enlight
ened and every virtuous patriot had conderaned it ; and
may be read in the proclamation to the world by their
successors, of the perfidious conduct of the old government
of France towards their too confiding aUy.
Such a policy, it would seera, could only have been sug
gested by and founded upon the subservience of leading
men in this country, who, prorapted by illicit raotives, allied
theraselves to her corrupt and crafty councils.
When the existence and consequences of such a con
nection are considered, Harailton's public declaration will
not excite surprise : —
" Upon ray first going into congress, I discovered syrap
toras of a party too weU disposed to subject the interests
of the United States to the manageraent of France.
Though I felt, in comraon with those who had participated
in the revolution, a lively sentiraent of good- will towards
a power whose co-operation, however it was and ought to
have been dictated by its own interest, had been extremely
useful to us, and had been afforded in a liberal and hand
some manner ; yet, tenacious of the real independence of
our country, and dreading the preponderance of foreign
influence as the natural disease of popular government, I
was struck with disgust at the appearance, in the very
cradle of our republic, of a party actuated by an undue
complaisance to a foreign power, and I resolved at once to

HAMILTON. 153
resist this bias in our affairs : a resolution which has been
the chief cause of the persecution I have endured in the
subsequent stages of my political life.
" Araong the fruits of the bias I have raentioned, were the
celebrated instructions to our coraraissioners, for treating
of peace with Great Britain ; which, not only as to final ,
raeasures, but also as to prelirainary and interraediate ne
gotiations, placed them in a state of dependence on the
French ministry, humiliating to themselves and unsafe for
the interests of the country. This was the* raore excep
tionable, as there was cause to suspect, that, in regard to
the two cardinal points of the fisheries and the navigation
of the Mississippi, the policy of the cabinet of Versailles
did not accord with the wishes of the United States.
" The commissioners, of whom Mr. Adams was one, had
the fortitude to break through the fetters which were laid
upon thera by those instructions ; and there is reason to
believe that, by doing it, they both accelerated the peace
with Great Britain and improved the terms, while they
preserved our faith with France. Yet a serious atterapt
was made to obtain frora congress a formal censure of
their conduct. The attempt failed, and instead of cen
sure, the praise was awarded which was justly due to the
accompUshment of a treaty advantageous to this country
beyond the most sanguine expectation. In this result, my
efforts were heartily united." 20

154 THE LIFE OF

CHAPTER XVIII.
[1783.]
The necessity felt by the friends of the public faith of
availing themselves of the army discontents, rauch as the
exercise of such an influence was apprehended, is shown
by the proceedings of Massachusetts, at that time the rich
est state in the confederation, and which had suffered less
than any other frora the war.
It will be reraerabered that the half-pay was estabhshed
in seventeen hundred and eighty, by a congress elected
before the articles of the confederation had gone into ope
ration, whUe they were exercising all the large powers
which, in the early exigencies of the country, had been
conferred upon thera, and which were incidental to the
purposes of their election ; no question could, therefore,
exist as to their right to make this pledge.
The articles of the confederation were adopted on the
first March, seventeen hundred and eighty-one. By the
twelfth article, aU the engagements of the previous con
gresses were sanctioned as a charge against the United
States, " for the payraent whereof the public faith was so
lemnly pledged," Yet, with a knowledge of this pledge,
the legislature of Massachusetts, under the influence of the
individuals who had been principally instruraental in
fraraing those articles, though they admitted the discre
tionary power of congress to provide for the support of
the army, declared that the principles of equity had not
been attended to in the grant of half-pay : " that being,
in their opinion, a grant of more than an adequate reward

HAMILTON. 155
for their services, and inconsistent with that equality
which ought to subsist among citizens of free and republi
can states ; that such a raeasure appeared to be calculated
to raise and exalt some citizens in wealth and grandeur, to
the injury and oppression of others,"
Such was the language of a state, in reference to an
expUcit public engagement, to an army which had by that
engagement alone been saved frora dissolution. This re
monstrance of Massachusetts was brought before congress
at a later period than that now under consideration, A
committee sustained the grant, independent of all consid
erations of policy, upon the ground that it was a coraplete
and constitutional act ; yet such were the jealousies of this
assembly, that on the discussion of their report, the decla
ration of the constitutional power of congress to make it
was stricken out ; and the delegates of Massachusetts,
though sorae of thera were in favour of the measure,
yielded so far to the influence of their state, as to decline
voting on the final question.*
Among the resolutions adopted by the array on the fif
teenth of March, one ex;pressed their " unshaken confi
dence in the justice of congress and their country ; and
stated that they were fully convinced that the representa
tives of .America would not disband or disperse them, un
til their accounts were liquidated, the balances accurately
ascertained, and adequate funds estabhshed for their pay
raent." The terms of this resolution had given great embarrass
ment. The coraraittee of which Harailton was chairraan,
requested hira to coraraunicate their difficulties to the cora
mander-in-chief, and to ask his private opinion, which he
* A formal protest signed by Samuel Adams was presented to congress,
in which it is to be reraatked, that this provision for the army is assigned as
one of the reasons for refusing the impost.

156 THE LIFE OF
thus did : — " The army, by their resolutions, express an
expectation that congress will not disband them previous
to a settleraent of accounts and the establishraent of funds.
Congress may resolve upon the first, but the general opin
ion is, that they cannot constitutionally declare the second.
They have no right by the confederation to demand funds,
they can only recommend ; and to deterraine that the army
shall be continued in service till the states grant them,
would be to deterraine that the whole present army shall
be a standing army during peace, unless the states comply
with the requisitions for funds. This, it is supposed, would
excite the clairas and jealousies of the states, and increase
rather than lessen the opposition to the funding scheme.
It is also observed that the longer the array is kept together,
the raore the payraent of past dues is procrastinated ; the
abilities of the states being exhausted for their iraraediate
support, and a new debt every day incurred. It is further
suggested, that there is danger in keeping the army to
gether in a state of inactivity, and that a separation of the
several lines would facilitate the settlement of accounts,
diminish present expense, and avoid the danger of the
union. It is added, that the officers of each Une, being on
the spot, might, by their own soUcitations and those of theu-
friends, forward the adoption of funds in the different
states, A proposition will be transmitted to you by Colo
nel Bland, in the form of a resolution to be adopted by
congress, framed upon the principles of the foregoing rea
soning, " Another proposition is contained in the foUowing reso
lution : — ' That the coraraander-in-chief be inforraed, it is
the intention of congress to effect the settleraent of the
accounts of the respective Unes previous to their reduction,
and that congress are doing and will continue to do every
thing in their power towards procuring satisfactory secu
rities for what shall be found due on such settleraent.'

HAMILTON. 157
" The scope of this, your excellency will perceive with
out coraraent. I ara to request you will favour rae with
your sentiments on both the propositions, and in general
with your ideas of what had best be done with reference
to the expectation expressed by the officers, taking into
view the situation of congress. On one side, the array
expect they will not be disbanded tUl accounts are settled
and funds established ; on the other hand, they have no
constitutional power of doing any thing more than to
recoraraend funds, and are persuaded that these wiU
meet with raountains of prejudice in sorae of the states,
A considerable progress has been raade in a plan for
funding the public debt, and it is to be hoped it wdl ere
long go forth to the states with every argument that can
give it success.
. " Philadelphia, 25th of March, 1783."
This public letter was enclosed in a private one of the
same date, which exhibits his deep sense of the injuries to
which the army was exposed, and his indignation and dis
gust at the imbecile counsels that induced congress to trifle
with so solemn an engageraent.
" SIR, " The enclosed I write more in a public than in a private
capacity. Here I write as a citizen zealous for the true
happiness of this country ; as a soldier who feels what is
due to an army which has suffered every thing and done
much for the safety of Araerica.
" I sincerely wish ingratitude was not so natural to the
'huraan heart as it is. I sincerely wish there were no
seeds of it in those who direct the councils of the United
States. But while I urge the army to moderation, and
advise your excellency to take the direction of their dis
contents, and endeavour to confine them within the bounds

158 THE LIFE OF
of duty, I cannot, as an honest man, conceal from you that
I am afraid their distrusts have too much foundation. Re
pubUcan jealousy has in it a principle of hostility to an
army, whatever be their merits, whatever be their claims to
the gratitude of the community. It acknowledges their
services with unwillingness, and rewards thera with reluc
tance. I see this temper, though sraothered with great
care, involuntarily breaking out upon too many occasions.
I often feel a mortification which it would be impolitic to
express, that sets ray passions at variance with ray reason.
Too many,- 1 perceive, if they could do it with safety or
colour, would be glad to elude the just pretensions of the
army. I hope, however, this is not the prevaiUng disposi
tion. "But supposing the country ungrateful, what can the
army do ? It must submit to its hard fate. To seek re
dress by its arms, would end in its ruin. The army would
moulder by its own weight ; and for want of the means of
keeping together, the soldiery would abandon their officers.
There would be no chance of success without having re
course to_ means that would reverse our revolution.
" I make these observations, not that I imagine j'our ex
cellency can want motives to continue your influence in
the path of moderation, but merely to show why I cannot
mj'self enter into the views of coercion which some gen
tlemen entertain ; for I confess, could force avail, I should
almost wish to see it employed. I have an indifferent
opinion of the honesty of this country, and ill forebodings
of its future systera.
"Your exceUency wiU perceive I have written with
sensations of chagrin, and will make aUowance for colour
ing, but the general picture is too true. God send us all
more wisdom."
Washington rephed on the fourth of April : —

HAMILTON. 159
"DEAR SIR,
" The same post which gave me your two letters of the
twenty-fifth of March, handed me one frora Colonel Bland
on the sarae point.
" Observing that both have been written at the desire
of a coraraittee of which you are both raembers, I have
made a very full reply to theii; subject in my letter which
is addressed to Colonel Bland ; and supposing it unneces
sary to enter into a complete detail to both, I must beg
leave to refer you to Colonel Bland's (a sight of which I
have desired hira to give you) for a full explanation of my
ideas and sentiments.
"I read your private letter of the twenty-fifth with
pain, and contemplated the picture it had draWn, with
astonishment and horror. But I will yet hope for the best.
The idea of redress by force, is too chimerical to have had
a place in the imagination of any serious raind in this
array; but there is no telling what unhappy disturbances
may result from distress and distrust of justice : and as
the fears and jealousies of the army are alive, I hope no
resolution will be corae to for disbanding or separating
the lines tiU the accounts are liquidated. You raay rely
upon it, sir, that unhappy consequences would foUow the
atterapt. The suspicions of the officers are afloat, not
withstanding the resolutions which have passed on both
sides ; any act, therefore, which can be construed into an
attempt to separate them before the accounts are settled,
will convey the raost unfavourable ideas of the rectitude
of congress ; whether well or ill-founded matters not, the
consequences will be the sarae,
" I vrill now, in strict confidence, raention a raatter which
may be useful for you to be inforraed of. It is, that sorae
men (and leading ones tpo) in this army are beginning to
entertain suspicions that congress, or some raembers of it,
regardless of the past sufferings and present distress — mau-

160 THE LIFE OF
gre the justice which is due to them — and the return which
a grateful people should raake to raen who certainly have
contributed raore than any other class to the estabUshment
of independency, are to be made use of as mere puppets
to establish continental funds ; and that rather than not
succeed in this measure or weaken their ground, they
would make a sacrifice of the array and all its interests.
" I have two reasons for raentioning this raatter to you.
The one is, that the army (considering the irritable state
it is in, its sufferings and coraposition) is a dangerous in
strument to play with ; the other, that every possible
means consistent with their own views (which certainly
are moderate) should be essayed to get it disbanded with
out delay. I raight add a third ; it is, that the financier is
suspected to be at the bottom of this scheme. If senti
ments of this sort should become general, their operation
will be opposed to this plan, at the same tirae that it
would increase the present discontents. Upon the whole,
disband the array as soon as possible, but consult the
wishes of it, which really are moderate, in the mode, and
perfectly compatible with the honour, dignity, and justice
which is due frora the country to it. I am, with great re
gard, dear sir, your raost obedient servant."
Harailton answered on the eleventh of April : —
" SIR, " I have received your excellency's letters of the thirty-
first of March and fourth of April, the last to-day. The
one to Colonel Bland, as raember of the committee, has been
read in coraraittee confidentially, and gave great satisfac
tion. The idea of not attempting to separate the army
before the settlement of accounts, corresponds with my
proposition ; that of endeavouring to let thera have some
pay, had also appeared to rae indispensable. The expec-

HAMILTON. 161
tations of the army, as represented by your excellency, are
moderation itself. To-morrow we confer with the super
intendent of finance on the subject of money. There wiU
be difficulty, but not, we hope, insurraountable. I thank
your excellency for the hints you are so obliging as to
give me in your private letter. I do not wonder at the
suspicions that have been infused ; nor should I be sur
prised to hear that I have been pointed out as one of the
persons concerned in playing the game described: but
facts must speak for theraselves. The gentleraen who
were here from the army. General McDougall who is still
here, wiU be able to give a true account of those who
have supported the just claims of the army, and of those
who have endeavoured to elude thera. There are two
classes of raen, sir, in congress of very different views ;
one attached to state, the other to continental politics.
The last have been strenuous advocates for funding the
public debt upon solid securities ; the former have given
every opposition in their power, and have only been drag
ged into the measures, which are now near being adopted,
by the clamours of the array and other public creditors.
The advocates for continental funds have blended the in
terests of the array with other creditors, frora a convic
tion that no funds for partial purposes wiU go through
those states to whose citizens the United States are largely
indebted ; or if they should be carried through from im
pressions of the moraent, would have the necessary sta
bility ; for the influence of those unprovided for would al
ways railitate against a provision for others, in exclusion
of them. It is in vain to tell raen who have parted with
a large part of their property on the public faith, that the
services of the array are entitled to a preference. They
would reason frora their interest and their feeUngs : these
would tell thera that they had as great a title as any other
class of the coramunity to public justice, and that while
21

162 THE LIPE OF
this was denied to thera, it would be unreasonable to make
thera bear their part of a burden for the benefit of others.
This is the way they would reason, and as their influence
in sorae of the states was considerable, they would have
been able to prevent any partial provision.
" But the question was not merely how to do justice to
the creditors, but how to restore pubhc credit. Taxation
in this country, it was found, could not supply a sixth part
of the public necessities. The loans in Europe were far
short of the balance, and the prospect every day diminish
ing : the court of France telUng us, in plain terms, she
could not even do as rauch as she had done; individuals in
Holland, and every where else, refusing to part vrith their
raoney on the precarious tenure of the raere faith of this
country, without any pledge for the payment either of
principal or interest. In this situation, what was to be
done ? It was essential to our cause that vigorous efforts
should be raade to restore pubhc credit ; it was necessary
to corabine aU the motives to this end, that could operate
upon different descriptions of persons in the different
states. The necessity and discontents of the army pre
sented themselves as a powerful engine. But, sir, these
gentleraen would be puzzled to support their insinuations
by a single fact. It was indeed proposed to appropriate
the intended irapost on trade to the array debt, and, what
was extraordinary, by gentlemen who had expressed their
dislike to the principle of the fund. I acknowledge I was
one that opposed this, for the reasons already assigned and
for these additional ones : that was the fund on which we
raost counted to obtain further loans in Europe ; it was
necessary we should have a fund sufficient to pay the in
terest of what had been borrowed and what was to be
borrowed. The truth was, these people in this instance
wanted to play off the army against the funding system.
" As to Mr. Morris, I will give your excellency a true

HAMILTON. 163
explanation of his conduct. He had been for sorae tirae
pressing congress to endeavour to obtain funds, and had
found a great backwardness in the business. He found
the taxes unproductive in the different states ; he found
the loans in Europe raaking a very slow progress ; he found
hiraself pressed on all hands for supplies ; he found hiraself,
in short, reduced to this alternative — either of raaking en
gageraents which he could not fulfil, or declaring his resig
nation in case funds were not established by a given time.
Had he foUowed the first course, the bubble raust soon
have burst ; he raust have sacrificed his Credit and his
character, and public credit, already in a ruined condition,
would have lost its last support. He wisely judged it bet
ter to resign ; this raight increase the erabarrassraents of
the moment, but the necessity of the case, it was to be
hoped, would produce the proper raeasures, and he raight
then resume the direction of the machine with advantage
and success. He also had sorae hope that his resignation
would prove a stimulus to congress. He was, however,
Ul advised in the publication of his letters of resignation.
This was an imprudent step, and has given a handle to his
personal enemies, who, by playing upon the passions of
others, have drawn some weU-meaning raen into the cry
against hira. But Mr. Morris certainly deserves a great
deal frora his country. I believe no man in this country
but himself could have kept the money machine a going
during the period he has been in office. From every thing
that appears, his adrainistration has been upright as weU
as able. The truth is, the old leaven of Deane and Lee is
at this day working against Mr. Morris, He happened in
that dispute to have been on the side of Deane, and certain
men can never forgive him. A man whom I once esteemed,
and whom I will rather suppose duped than wicked, is the
secpnd actor in this business.
" The matter with respect to the army, which has occa-

164 THELIFEOF
sioned most altercation in congress, and most dissatisfaction
in the army, has been the half-pay. The opinions on this
head have been two: one party was for referring the
several lines to their states, to make such corarautation as
they should think proper ; the other, for making' the com
mutation by congress, and funding it on continental secu
rity, I was of this last opinion, and so were aU those who
will be represented as having raade use of the army as
puppets. Our principal reasons were — First, by referring
the lines to their respective states, those which were op
posed to the half-pay would have taken advantage of the
officers' necessities to raake the corarautation far short of
an equivalent. Secondly, the inequality which would have
arisen in the different states when the officers carae to com
pare, (as has happened in other cases,) would have been a
new source of discontent. Thirdly, such a reference was
a continuance of the old wretched state systera, by which
the ties between congress and the army have been
nearly dissolved — by which the resources of the states
have been diverted frora the coraraon treasury and wasted ;
a system which your excellency has often justly repro
bated. '" I have gone into these details to give you a just idea of
the parties in congress. I assure you upon ray honour, sir,
I have given you a candid statement of facts to the best
of my judgment. The raen against whora the suspicions
you raention must be directed, are in general the most sen
sible, the most Uberal, the most independent, and the most
respectable characters in our body, as well as the most un
equivocal friends to the army ; in a word, they are the
men who think continentally.
" I am chairman of a committee for peace arrangements.
We shaU ask your excellency's opinion at large on a proper
military peace establishment.
" We at this moment learn an officer is arrived from

HAMILTON. 165
Sir Guy Carleton with despatches ; probably official ac
counts of peace."
Froni this letter may be, seen the dehcate and embar
rassing position in which Harailton was placed, Cora
pelled by a high sense of duty, and by his comprehensive
views of the public interest, to oppose those feeble and
partial raeasures of finance which he saw must result in
failure, he was exposed to all that misrepresentation and
malice could suggest as to his motives, and to the injurious
suspicion that, frora considerations of policy, he would par
ticipate in scheraes to render the soldiery mere puppets to
advance the establishment of permanent funds.
Prompted, on the other hand, by that devotion to the
army and care of its interests which his relations to thera
peculiarly deraanded of hira, and which his deep distrust
of the purposes of congress increased, to use every proper
raean to enforce their claims, and alraost to sanction a
line of conduct which was so necessary, and yet so fuU of
jeopardy, he unjustly incurred the deeper and more dan
gerous suspicion of being accessary to an excitement
which, once aroused, might disregard aU control, and in
volve every interest, civU and military, in one coramon ruin.
Under these circumstances he followed the dictates of a
lofty intellect, and with the fuUest confidence in the patri
otisra of his fellow-soldiers, and with a firm belief that the
dangers of mihtary insubordination were exaggerated, he
adhered to his determination never to relinquish the de
raands of public faith, which he pronounced " the corner
stone of public safety." He soon after received the fol
lowing explanatory letter from Washington. " Newburgh.
" DEAR SIR,
" My last letter to you was written in a hurry, when I
was fatigued by the more public yet confidential letter which

166 THE LIFE OF
(with several others) accorapanied it. Possibly I did not
on that occasion express rayself, in what I intended as a
hint, with so much perspicuity as I ought. Possibly, too,
what I then dropped raight have conveyed raore than I
intended, for I do not at this time recoUect the force of
my expression.
" My meaning, however, was only to inform (you) that
there were different sentiraents in the army as well as in
congress respecting continental and state funds, — 'Some
wishing to be thrown upon their respective states, rather
than the continent at large, for paj'ment ; and that, if an
idea should prevail generaUy that congress, or part of its
members or rainisters, bent upon the latter, should deloy
doing thera justice, or hazard it in pursuit of their favour
ite object, it raight create such divisions in the army as
would weaken rather than strengthen the hands of those
who were disposed to support continental measures, and
might tend to defeat the end they theraselves had in view
by endeavouring to involve the army. For these reasons
I said, or raeant to say, the array was a dangerous engine
to work with, as it might be made to cut both ways, and,,
considering the sufferings of it, would raore than probably
throw its weight into that scale which seeraed raost likely
to preponderate towards its iraraediate relief, without look
ing forward (under the pressure of present wants) to future
consequences with the eyes of politicians. In this light,
also, I raeant to apply ray observations to Mr, Morris, to
whom, or rather to Mr. G. M., is ascribed in a great degree
the groundwork of the superstructure which was intended
to be raised in the array by the anonymous addresses.
" That no man can be more opposed to state funds and
local prejudices than myself, the whole tenor of my con
duct has been one continual evidence of No raan, perhaps,
has had better opportunities to see and to feel the pernicious
tendency of the latter than I have, and I endeavour (I

HAMILTON. 167
hope not altogether ineffectually) to inculcate them upon
the officers ofthe army upon all proper occasions ; but their
feelings are to be attended to and soothed, and they as
sured that, if continental funds cannot be established,
they wiU be recoraraended to their respective states for
payraent. Justice raust be done thera. I should do in
justice to report, and what I believe to be the opinion of
the array, were I not to inforra you that they consider you
as a friend zealous to serve thera, and one who has espoused
their interests in congress upon every proper occasion. It
is to be wished, as I observed in my letter to Colonel Bland,
that congress would send a coraraittee to the army with
plenipo. powers. The matters requested of me in your
letter of the  , as chairman of a coraraittee, and raany
other things, raight then be brought to a close with raore
despatch, and in a happier manner, than it is likely they
will be by an intercourse of letters at the distance of one
hundred and fifty raUes, which takes our expresses a week
at least to go and come. At this moraent, being without
any instructions frora congress, I ara under great embar
rassment with respect to the soldiers for the war, and shall
be obliged more than probably, frora the necessity of the
case, to exercise my own judgment, without waiting for
orders as to the discharge of thera. If I should adopt
raeasures which events raay approve, all wdl be well ; if
otherwise, why and by what authority did you do so ?
" How far a strong recoraraendation frora congress to
observe all the articles of peace, as well as the  * raay
iraply a suspicion of good faith in the people of this country,
I pretend not to judge ; but I ara much mistaken if sorae
thing of the kind will not be found wanting, as I already
perceive a disposition to carp at and to elude such parts of
the treaty as affect their different interests, although you do
* The blank exists in the original

168 THE LIFE OF
not find a raan who, when pushed, wiU not acknowledge
that upon the whole it is a more advantageous peace than
we could possibly have expected. I am, dear sir, with
great esteem and regard,
" G. W."
The preliminary articles of the treaty with Great Britain
were ratified on the fifteenth of April.* Iraraediately after
this act, on the sarae day, instructions were given to the
agent of raarine to discharge the naval prisoners, and
Washington was authorized to raake the proper arrange
ments with the comraander-in-chief of the British forces
for receiving the posts occupied by the British, and for
obtaining the delivery of the negroes and other American
property in their possession. The secretary of war was
also directed, conjointly with the commander-in-chief, to
take proper arrangements for liberating the land prisoners.
A raotion was made to exclude Washington from any
participation in the restoration of the prisoners, but it did
not prevail.
Notwithstanding his strenuous exertions to estabhsh the
construction, that execution was to date from the ratifica
tion of the provisional treaty, in this Hamilton had been
defeated. To release the prisoners under such circum
stances, was manifestly impolitic. It would strengthen the
eneray, and would also deprive the United States of the
power of raaking their restoration an equivalent for the
surrender of the posts.
It was iraportant, therefore, to ascertain the construction
of the treaty by the British coraraander. Should he de
terraine to retain the posts, the United States would be
justified in retaining the prisoners. With this view, on the

* 1 Mad. 454, mentions amotion of "Harailton to insert, in a definitive
treaty, a mutual stipulation not to keep a naval force on the lakes."

HAMILTON, 169
day of the ratification of the treaty, he addressed the fol
lowing letter to Washington. April 15, 1783.
SIR, There are two resolutions passed relative to the restora
tion of the British prisoners, and to making arrangements
for the surrender of the posts in the possession of the Brit
ish troops. The first of which is to be transacted by you,
in conjunction with the secretary of war ; the latter, by
yourself ?ilone. I will explain to you some doubts which
have arisen in congress with regard to the true construc
tion of the provisional treaty, which raay be of use to you
in transacting the business above mentioned.
The sixth article declares that there shall be no future
confiscations, &c., after the ratification of-the treaty in
America, and the seventh article makes the surrender of
prisoners, evacuation of posts, cessation of hostiUties, &c.,
to depend on that event, to-wit : the ratification ofthe trea
ty in America. Now the doubt is, whether the treaty means
the provisional treaty already concluded, or the definitive
treaty to be concluded. The last construction is most agree
able to ihe letter of the provisional articles ;* the forraer
most agreeable to the usual practice of nations, for hostili
ties commonly cease on the ratification of the prelirainary
treaty. There is a great diversity of opinion in congress.
It will be in my opinion advisable, at the same tirae that
we do not coraraunicate our doubts to the British, to extract
their sense of the matter frora them.
This may be done by asking them at what period they
are wiUing to stipulate the surrender of posts, at the same
time that they are asked, in what manner it wUl be raost
* Madison Debates, pp. 440, 443, 444. It is difficult to reconcile the
representation given in these pages with the above opinion, expressed on the
very day of the ratiUcation.
22

170 THE LIFE OF
convenient to them to receive the prisoners. If they
postpone the evacuation of the different posts to the defin
itive treaty, we shall then be justified in doing the same
with respect to prisoners. The question wiU then arise,
whether, on principles of humanity, economy, and liber
ality, we ought not to restore the prisoners at aU events,
without delay, lifuch may be said on both sides. I doubt
the expedience of a total restoration of prisoners, tiU they
are wUhng to fix the epochs at which they will take leave
of us. It will add considerably to their strength ; and ac
cidents, though improbable, may happen. I confess, how
ever, I am not clear, in my opinion. The provisional or
preliminary treaty is ratified by us for greater caution.
The instructions to the commander-in-chief, of the pre
vious day, were in peremptory terms. With a riew to
enable him to exercise a discretion as to the execution of
the seventh article, dependent on the British construction,
Hamilton on the foUowing day proposed to modify these
instructions so as to authorize hira to enter into prepara
tory arrangeraents relative to it ; but though a majority ofthe
states were in favour of this proposition, the constitutional
number was not obtained.* He soon after received a letter
from Washington which shows their concurrence of opinion.
Newburgh, 22d AprU, 1783.
DEAR SIR,
I did not receive your letter ofthe fifteenth until after my
return from Ringwood, where I had a meeting with the sec
retary at war, for the purpose of making arrangements for
the release of our prisoners, agreeably to the resolve of con
gress of the fifteenth instant. Finding a diversity of opin
ion respecting the treaty and the line of conduct we ought
• Negative 3, affirmative 5, divided 2.

HAMILTON. 171
to observe with the prisoners, I requested, in precise terras,
to know from General Lincoln, (before I entered on the
business,) whether we were to exercise our own judgment
with respect to the time as weU as mode of releasing them,
or was to be confined to the latter ; being inforraed that we
had no option in the first, congress wishing to be eased of
the expense as soon as possible, I acted solely on that
ground. At the same time, I scruple not to confess to you, that
if this measure was not dictated by necessity, it is, in my
opinion, an impolitic one, as we place ourselves in the
power of the British before the treaty is definitive. The
manner in which peace was first announced, and the sub
sequent declarations of it, have led the country and array
into a belief that it was final. The ratification of the pre
liminary articles on the third of February so far confirmed
this, that one consequence resulting from it is, the soldiers
for the war conceive that the term of their services has ac
tuaUy expired ; and I believe it is not in the power of con
gress or their officers to hold them much, if any longer ;
for we are obUged at this moment to increase our guards
to prevent rioting, and the insults which the officers meet
with in attempting to hold them to their duty. The pro
portion of these men araounts to seven-elevenths of this
army ; these we shaU lose at the moment the British array
wUl receive by their prisoners five or six thousand men.
It is not for me to investigate the causes which induced
this measure, nor the policy of those letters (from author
ity) which gave the ton to the present sentiraent; but
since they have been adopted, we ought, in ray opinion, to
put sr good face upon matters, and by a Uberal conduct
throughout, on our part, freed from appearances of dis
trust, try if we cannot excite similar dispositions on theirs.
Indeed, feircumstanced as things now are, I wish most fer
vently that all the troops which are not retained for a

172 THE LIFE OF
peace estabhshment were to be discharged immediately,
or such of them at least as do not incline to await the set
tlement of their accounts. If they continue here, their
clairas, I can plainly perceive, wUl increase and our perplex
ities multiply. A petition is this moment handed to me
from the non-coraraissioned officers of the Connecticut
line, soliciting their pay. It is well drawn, I ara told, but
I did not read it. I sent it back without appearing to un
derstand the contents, because it did not corae through the
channel of their officers. This raay be followed by others ;
and I mention it to show the necessity, the absolute neces
sity of discharging the war's men as soon as possible.
I have taken much pains to support Mr. Morris's admin
istration in the army ; and in proportion to its numbers,!
believe he had not more friends any where. But if he
wiU neither adopt the mode which has been suggested,
point out any other, nor show cause why the first is im
practicable or irapolitic, (I have heard he objects to it,) they
wUl certainly attribute their disappointraent to a lukewarm
ness in hira, or some design incompatible with their inter
ests. And here, ray dear Colonel HamUton, let me assure
you that it would not be more difficult to stUl the raging
biUows in a tempestuous gale, than to convince the ofiicers
of this army of the justice or policy of paying men in civil
offices fuU wages, when they cannot obtain a sixtieth part of
' their dues. I ara not unapprised of the arguraents which
are made use of upon this occasion to discriminate the
cases ; but they really are futile, and may be summed up in
this — that though both are contending for the same rights
and expect equal benefits, yet, both cannot submit to the
sarae inconveniences to obtain them ; otherwise, to adopt
the language of sirapUcity and plainness, a ration of salt
pork, with or without pease, as the case often is, would
support the one as well as the other, and in such a struggle
as ours, in my opinion, would be alike honourable in both.

HAMILTON. 173
My anxiety to get horae increases with the prospect
of it ; but when is it to happen ? — I have not heard that
congress have yet had under consideration the lands and
other gratuities, which at different periods of the war
have been proraised to the army.
Do not these things evince the necessity of a coraraittee's
repairing to camp, in order to arrange and adjust raatters,
without spending time in a tedious exchange of letters.
Unless something of this kind is adopted, business wdl be
delayed and expenses accumulated ; or the army wUl
break up in disorder — ^go home enraged — complaining of
injustice, and committing enormities on the innocent in
habitants in every direction.
I write to you unreservedly. If, therefore, contrary to
my apprehension, aU these matters are in a proper train,
and Mr, Morris has devised means to give the army three
months' pay, you will, I am persuaded, excuse my pre
cipitancy and solicitude, by ascribing it to an earnest wish
to see the war happily and honourably terminated — to raj'
anxious desire of enjoying sorae repose — and the necessity
of my paying a little attention to my private concerns,
which have suffered considerably in eight years' absence.
McHenry expressing — in a letter I have lately received
from him — a wish to be appointed official secretary to the
court of Versailles or London, I have by this opportu
nity written to Mr. Livingston and Mr. Maddison, speak
ing of him in warm terms, and wish hira success with aU
my heart.
The day after this letter was written, congress declared
that the time of the raen engaged to serve during the war,
did not expire until the ratification of the definitive treaty.
As chairraan of the coraraittee for peace arrangeraents,
the duty devolved upon Harailton of directing the imme
diate discharge of the naval prisoners, the detention of

174 THE LIFE OF
whora was not prompted by the policy which would have
retained those of the army. In a letter to the superin
tendent of finance, who was also the agent of marine, re
specting these prisoners, he suggested to hira the forraation
of a plan for a national marine, in pursuance of the
opinions expressed in "The Continentalist," that, as "a
coraraercial people, maritime power must be a primary
object of our attention, and that a Navy cannot be created
or maintained without ample resources," Referring also
to the mint which had been authorized during the preced
ing year, he again adverted to the estabhshment of a
NATIONAL COINAGE.
The various topics which engaged his attention, while
they called forth all the powers, show the fulness and
elasticity of his mind. His public avocations did not oc
cupy all his attention ; many of his intervals of leisure
were devoted to the general studj' of finance. Having
previously perused the earlier writers, he now entered
upon a deliberate examination of the political economy of
Adam Smith, and wrote, whUe a raember of congress, an
extended commentary upon his " Wealth of Nations,"
which is not preserved.*
It has been perceived that the debate on the revenue
system was interrupted by the discussion of the claims
of the army, the general principle, the necessity of per
manent and adequate funds, having been adopted. This
subject was resumed, and, on the raotion of Madison, a
proposition was raade reasserting this principle, but omit
ting the provision contained in Hamilton's resolution, that
these funds should be " collected by congressf'f This fatal
concession to state prejudices, wholly at war with Hamil
ton's opinions and with a national policy, was followed by

* Related by P. S. Duponceau, a distinguished civUian of PhUadelphia.
t Madison Debates, vol. 1, p. 289.

HAMILTON. 175
another only less hostile to the object in view, the establish
ment of a basis for loans. It was the limitation of the dura
tion of the revenue act to a period of twenty-five years.
Hamilton strenuously opposed both these concessions,
insisting that the principles of the address to Rhode Island,
which the house had sanctioned, ought not to be departed
from. The duration of the act, he asserted, ought to be
co-extensive with the existence of the debt, and the coUec
tion as weU as the appropriation shpuld be under the con
trol of the United States. In these views he was sustain
ed by Bland of Virginia; but Madison concurring with
Lee and Mercer, the vote of that state was given in favour .
of a limited term.*
* Madison Papers, vol. 1, 342, — Madison states a motion by Hamilton,
seconded by Bland,|to postpone the clause Umiting its duration to 25 years,
" in order to substitute a proposition declaring it to be inexpedient to Umit
the period of its duration ; first, because it ought to be commensurate to the
duration of the debt ; secondly, because it was improper in the present state
of the business, and all the limitation of which it would admit, had been
defined in the resolutions of the 16th of Dec. 1782. HaraUton said, in sup
port of his motion, that it was in vain to attempt to gain the concurrence of
the states by removing the objections pubUcly assigned by thera against the
impost ; that the true objection on the part of Rhode Island was the interfe
rence of the impost with the opportunity afforded by their situation of levying
contributions on Connecticut, &c., which received foreign suppUes through
the ports of Rhode Island ; that the true objection on the part of Virginia,
was her having little share in the debts due from the United States, to which
the impost would be applied ; that a removal of the avowed objections would
not, therefore, reraove the obstructions ; whilst it would admit, on the part
of congress, that their first recoraraendation went beyond the absolute exi
gencies of the public ; that congress, having taken a proper ground at first,
ought to raaintain it tiU time should convince the states of the propriety of
the measure.
" Mr. Bland said, that as the debt had been contracted by congress with
fhe concurrence of the states, and congress was looked to for payment by
the public creditors, it was justifiable and requisite in them to pursue such
means as would be adequate to the discharge of the debt; and that the
means would not be adequate, if Umited in duration to a period within which
no calculations had shown that the debt would be discharged." — The ayes

176 THE LIFE OF
SmaU as the motive was to proceed in the completion
of the systera, HamUtdn stiU hoped that before the final
vote was taken, congress would return to the only princi
ples on which an effective public credit could be estabUsh
ed, He then submitted to the committee a fet of "objects
for taxation," In addition to the impost, he proposed a
graduated house tax, a land tax, and various specific taxes.
In this plan the objects of taxation were so chosen, as to
throw the public burdens chiefly upon luxuries. They
were the same, excluding a few, with those which were
erabraced in the first revenue system under the present
government. In the proposed house tax, he was governed by a con
sideration to which he attached great weight — the discon
tinuance of the arbitrary systera of assessraents. " Do we
imagine," he had remarked in the Continentalist, " that our
assessments operate equally ? Nothing can be more con
trary to the fact. Wherever a discretionary power is
lodged in any set of raen over the property of their neigh
bours, they will abuse it. Their passions, prejudices, parti
alities, dislikes, will have the principal lead in measuring
the abilities of those over whom their power extends; and
assessors will ever be a set of petty tyrants, too unskilful,
if honest, to be possessed of so delicate a trust, and too sel
dom honest to give thera the excuse of want of skUl. The
genius of Uberty reprobates every thing arbitrary or dis
cretionary in taxation. It exacts that every man, by a
definite and general rule, should know what proportion of
his property the state deraands. Whatever liberty we
raay boast in theory, it cannot exist in fact, while assess
ments continue. The adraission of thera among, us, is a

were — Rhode Island, New- York, New-Jersey, Pennsylvania, North Caro
Una, and South CaroUna. Noes — Massachusetts, Virginia, (Colonel Bland,
aye,) Connecticut, and New-Hampshire, divided.

HAMILTON. 177
new proof how often human conduct reconcUes the most
glaring oppgsites ; in the present case, the most vicious
practice of despotic governments with the freest constitu
tions and the greatest love of liberty,"
While the discussion was proceeding, the superintend
ent of finance addressed a letter to congress, stating "that
the revenue should be co-existent with the debt ; that if
granted for a fixed period of time, no more raoney could
be borrowed on it than the price of an annuity for such a
time, and the more clear, certain, permanent, and increas
ing the fund should be, the lower would be the rate of in
terest," He objected to the proposed impost, on the
ground that an advalorem estiraation is arbitrary, and sug
gested that a tax raight be laid upon exports, " which, with
out being burdensorae, would stiU be productive," He
concurred in the objections which Harailton had made as
to the estimate of land as a measure of contribution — point
ed out its unavoidable inequality — proposed, as a mode of
terminating all existing accounts, that the whole sura paid
or expended by each state for the public service should be
placed to the credit of such state, and that each should
draw interest on such sum ; and in lieu of the five per
cent, impost would have substituted a tariff. This letter
was referred ; but its views did not prevail, and on the
eighteenth ofMarch a report was made to the house. Fear
ing that the proposed revenues would prove inadequate to
their object, a proposition was offered by Wilson, which
was seconded by Hamilton, for a small tax on all located
and surveyed lands ; but it was rejected, four states .voting
in favour of it.
The report invited the states to confer on congress the
power of levying for the use of the United States specific
duties on certain enumerated imports, and a duty of five
per cent, advalorem upon all other goods, excepting arms,
araraunition, and clothing, or articles iraported for the use
23

178 THE LIFE OF
ofthe United States, giving a bounty to the exporters ofa
few articles of Araerican production,* It provided that
the duties should be appUed only to the discharge of the
interest or principal of the debts contracted for the sup
port of the war, and to be continued twenty-five years.
The collectors to be appointed by the states, but reraovable
by, and araenable to, congress alone ; and that if no ap
pointraent should be raade by a state within a liraited tune,
that then the appointment should be made by congress.
It recoraraended also supplementary funds of such a na
ture " as the states" may respectively judge most convenient,
to be levied for a term of twenty-five years ; to be carried
to' the separate credit of the states within which they shall
be collected ; to be liquidated and adjusted araong the states
according to the quotas allotted to thera, accounting annu
ally to each for the proceeds and application of these funds.
It proraised equitable allowances to the states according
to their peculiar circurastances, in pursuance of, though
partly deviating from, Hamilton's motion of the fourth
of March, then rejected. It proposed to assume, with a
view to a more amicable, complete adjustraent of all ac
counts between the United States and individual states,
all reasonable expenses incurred by the states without the
sanction of congress, in their defence against or attacks
upon British or savage eneraies either by sea or land,
and which shall be supported by satisfactory proofs, and
declared that they " shall be considered as part of the com
mon charges incident to the present war, and to be aUowed
as such."| And it suggested an araendment to the articles of
the confederation, so that all public charges and expenses
should be defrayed out of a coraraon treasury to be sup-
* Fish, beef, and pork.
t This part of, the report is founded on a resolution of Madison, the brigi
nal of which exists in the state departraent. No. 26, " Report of Committee on
Finance."

HAMILTON. 179,
plied by the states in proportion to the nuraber of inhabit
ants of every age, sex, and condition, excepting Indians not
paying taxes in each state, according to the laws of each
state, except those of certain ages. The enumeration to
be made by a triennial census.
These resolutions, when acceded to by every state, were
to form a compact irrevocable without the concurrence
of all the states, or by a raajority of states in congress.
Having contended in the committee with earnest perseve
rance against the leading principles of this report — against
the Umited term of the grant, the nomination and appoint
ment of the coUectors of the revenue by the states, and
the entire omission of a land tax — Harailton brought for
ward a report, which erabraced provisions to raeet his
objections,* and which contained another important fea-
* March 20th, 1783. — " Whereas congress did, on the 12th day of February
last, resolve, that it is the opinion of congress that the establishment of ade
quate and permanent funds, in taxes or duties which shaU operate generally
and on the whole in just proportions throughout the United States, are indis
pensably necessary towards doing coraplete justice to the public creditors ;
for restoring public credit, and for providing for the future exigencies of the
war. And whereas it is the duty of congress, on whose faith the public
debts have been contracted for the common safety, to make every effort in
their power for the effectual attainment of objects so essential to the honour
and welfare of the United States, relying on the wisdom and justice of their
constituents for a compliance with their recommendations :
" Therefore, resolved. That it bo earnestly recommended to the several
states without delay to pass laws for the establishment of the following
funds, to be vested in the United States, and to be collected and appropriated
by their authority, provided that the officers for the coUection of the said
funds shaU be inhabitants of each state respectively in which they reside,
and being nominated by congress, shall be approved and appointed by such
state, accountable to, and removable by, congress ; and provided, that if after
any nomination beingi reported to the state, the same is not opposed or re
jected at the next meeting of the legislature, the person or persons so nomi
nated shaU be deemed to be duly appointed, viz : — A duty of five per cent.
advalorem, at the time and place of importation, upon all goods, wares, and
merchandises, of foreign growth and raanufacture, which raay be imported

180 THE LIFE OF
ture, that had been suggested to congress in seventeen
hundred and eighty — the exemption from taxation of wool
cards, cotton cards, and the wire for making them ; thus
into any of the said states from any foreign port, island, or plantation, exoept
arms, ammunition, clothing, and other articles imported on account of the
United States, or any of them, and except wool cards, cotton cards, and
wire for making them ; and also, except the articles heremafter enumerated,
the duty on which shall be regulated according to the specified rates hereto
annexed." ****** Here the duties specified in the report were in.
serted. " Also a duty of five per cent, advalorem on aU prizes and prize
goods condemned in any court of admiralty of this state as lawful prize. A
land tax,* at the rate of  ninetieths of a dollar for every one hundred
acres of located and surveyed land. A house tax, at the general rate of half
a dollar for each dweUing-house, (cottages excepted,) and at the additional
rate of two and a half per cent, on whatever sum the rent of said house may
exceed twenty dollars, to be calculated on the actual rent, when the house is
rented ; and when in the occupancy of the owner, on an appraised rent by
commissioners under oath appointed by the state periodically. The lot and
the appurtenances, in town, and in the country, the out-houses, garden, and
orchard, to be comprehended with the dwelling-house. The duties on imports
to pass to the general benefit of the United States without credit for the pro-
ceeds to any particular states ; but the product of the land and house taxes
to be credited to each state in which they shall arise. Said funds to coil.
tinue till the principal of the debt due by the United States at the termina
tion of the present war shall be finally discharged.
" That an estimate be transmitted to each state of the amount of the pub.
Uo debt, as far as the sarae can be ascertained, and that congress wiU invio
lably adhere to their resolutions of the 16th day of December last, respect
ing the appropriation of the funds which may be granted, and the annual
transmission of the state of the public debt, and the proceeds and disposition
of the said funds ; by which aU doubts and apprehensions respecting the
perpetuity of the public debt may be effectually removed."
These resolutions were not to take effect until acceded to by every state,
* Madison Papers, v. 1, p. 300. — Madison elates tliat " tie suggested, as practicable objects
of a general revenue — firet, an impost on trade ; secondly, a poll tax, under certain qualifica-
ticne ; thirdly, a land tax, under ditto. Mr. Hamilton suggested a house and wmdovi tax."
It has been eeen, ante, vol. 1, p. 370, that HamUton had proposed, in 1781, a land and poll
tax, and that the superintendent of finance had also suggested the same taxes. — D. C. vol. 12,
p. 226. That Harailton suggested " a house and wi-ndow tax," is an error. His list of " ob
jects of taxation" mentions dwelling-houses, rated according to the number of rooms, with an
addition for each room painted, or papered, or having a marble chimney-piece, or a stucco
roof— or rated according to the number of hearths — or to tlie nuTtiber of windows exceeding
iliree, — different meaeures of value.

HAMILTON. 181
looking to the protection of domestic industry, of which,
with such surprising sagacity, he foretold the advantages
in his youthful essays.
Having introduced these propositions,, which he saw
would result, if adopted, in an essential invigoration of the
confederacy, he moved a postponement of the report of
the coraraittee, in order to bring forward his own views ;
but, though sustained by the votes of Connecticut, New-
York, New-Jersey, and Pennsylvania, he was defeated by
those of Massachusetts, Rhode Island, Maryland, Virginia,
and of both the Carolinas.*
The discussion of the original report was resumed on
the ensuing day, when a proposition was offered to cora
plete that part for raising a revenue by iraposts ; but it
was rejected, some of the members being unwUling to
complete it without erabracing the supplemental funds. A
motion was then made to strike out the land valuation as
the rule of contribution, which would necessarUy be much
deferred, and, as proposed to be made by the states, might
be indefinitely postponed, and to substitute the population.
The articles of confederation, as first reported, fixed as the
measure of taxation the nuraber of the inhabitants of the
states, exclusive of Ihdians not taxed, which it was also
proposed to establish as the measure of representation ; a
proposition sustained only by the vote, of Virginia. The
states in which slavery was not tolerated insisted that
freemen alone ought to have a poUtical voice ; the slave-

when they were to form a mutual compact, irrevocable by any one state
without the concurrence of the whole, or of a majority of the states in
congress. * 4 J. C. 177. — The votes of Massachusetts, Virginia, and South CaroU.
na, were not unanimous. Holten, of the first state, voted for Hamilton's
motion ; Gorham, Higginson, and Osgood, against it. Col. Bland, of Vir.
ginia, was for it ; Lee, Madison, and Mercer, against it. Rutledge, of South
Carolina, was for it ; Gervais and Izard, against it.

182 THE LIFE OF
holding states, that representation ought to be apportioned
to taxation ; that if slaves were coraputed in the enumera
tion of the inhabitants in apportioning the pubhc burdens,
they ought also to be counted in adjusting the scale of re
presentatives. In this competition for power the eastern states prevail
ed, and the land valuation, objectionable as it was known
to be, was adopted as the only alternative to escape this
perplexing question. The difficulty of making such a val
uation indicated a resort to sorae other expedient, and the
idea was suggested of a compound vote of freeraen and
slaves as the basis of federal numbers. At first it was
proposed that one-half of the number of slaves should be
embraced ; which being objected to by the south, two-
thirds were proposed; for which number New-Hamp
shire, Connecticut, New- York, New-Jersey, Pennsylvania,
and Delaware, were in the affirmative, Rhode Island di
vided, and Maryland, Virginia, North and South Carolina,
in the negative.
The committee then agreed to report* as the ratio of
contribution, that the whole number of free inhabitants,
and three-fifths of all other inhabitants of every sex and
condition, except Indians not paying taxes in each state,
should be computed. This proposal faUed. New-Hamp
shire, New- Jersey,, Pennsylvania, Maryland, Virginia, and
North Carohna, being in favour of it ; Massachusetts,
Rhode Island, Connecticut, Delaware, and South Carolina,
opposed to it. Owing to Hamilton's absence, the vote of
New-York was lost. On the first of April, he raoved a
reconsideration of this question, and offered an amend
raent, by which the apportionraent of the expenses was to
be in proportion to the whole nuraber of white and other
free inhabitants of every age, sex, and condition, including
* 4J.C. 180.— March 28.

HAMILTON. 183
tliose bound to servitude for a term of years, and three-fifths
of all other persons not comprehended in the foregoing
description, except Indians not paying taxes in each state ;
to be comprehended in a triennial census, and transmitted
to congress. This raotion prevaUed by a vote of all the
states, excepting Massachusetts and Rhode Island. Thus
the iraportant principle so long debated, as to the rule
of contribution to all charges for the coramon defence and
general welfare, was recommended as a part of the fede
ral systera.
This great obstacle being at last reraoved, after con
sidering a report of Harailton for the reduction of the ex
penses of the war department, and also the measures
which have been adverted to as to the execution of the
treaty, congress proceeded steadfastly to the adjustment
of a revenue systera ; the enuraerated articles, except the
duty on salt, being retained.
On the eighteenth of April, the details having been com
pleted, an amendment was proposed which recoraraended
to the states that had not c,eded their unappropriated
lands to the United States, to make such cessions ; and to
those which had complied in part only with the resolutions
of congress, " to revise and complete that corapliance."
This araendment was adopted, and the act being approved
by the vote of all except four members, it was referred to
Madison, Ellsworth, and Hamilton, to prepare an explana
tory address.
On the twenty-fifth the draft of a report was introduced,
giving an estimate of the national debt,* accompanied with
Hamilton's address to Rhode Island, with a computation of

• The foreign debt was coraputed to amount to $ 7,885,085
Domestic;  34,115,290
Total  42,000,000
Annual interest at stipulated rates,  2,415,958

184 THELIFEOF
the yearly product of the impost, a view, of the foreign
loans, and with the papers relating to the discontents of the
army. On the foUowing day this report was agreed to.
It apologized for the departure frora " the strict raaxims of
national credit," which required that " the revenue ought
manifestly to be coexistent with the object of it," and the
collection placed in every respect under that authority
which was responsible for its application. It also stated
the necessity of supplemental funds, and urged the impor
tance of the proposed change in the mode of estimating
the ratio of contribution by the states. The address closed
with an exhortation to the states to fulfil their engage
raents, and reproved, in raarked terms, the idea of a dis
crimination between the original holders of the debt and
purchasers. It was from the pen of Madison. On the
final question as to the revenue system, Hamilton, with
Higginson and the members from Rhode Island, voted in
the negative. He deeraed it important to give an expla
nation to the state of New- York of his course on this sub
ject, and of the reasons of his opposition. With this view
he wrote the following letter.

HAMILTON TO GOVERNOR CLINTON.
Philadelphia, May 14, 1783.
The president of congress wiU of course have transmit
ted to your excellency the plan lately adopted by congress
for funding the public debt. This plan was framed to ac
coraraodate it to the objections of some of the states ; but
this spirit of accomraodation wiU only serve to render it
less efficient, without raaking it more palatable. The op
position of the state of Rhode Island, for instance, is chiefly
founded upon these two considerations : the merchants are
opposed to any revenue from trade ; and the state, depend-

HAMILTON. 185
ing almost wholly on commerce, wants to have credit for
the amount of the duties.
Persuaded that the plan now proposed wiU have little
more chance of success than a better one, and that if agreed
to by all the states it will in a great measure fail in the
execution, it received my negative.
My principal objections were — First, that it does not de
signate the funds (except the impost) on which the whole
interest is to arise ; and by which (selecting the capital
articles of vfsible property) the collection would have been
easy, the funds productive, and necessarily increasing with
the increase of the country. Secondly, that the dura
tion of the funds is not coextensive with the debt, but
limited to twenty-five years, though there is a moral cer
tainty that in that period the principal wiU not, by the
present provision, be fairly extinguished. Thirdly, that
the nomination and appointraent of the collectors of
the revenue are to reside in each state, instead of, at
least, the nomination being in the United States ; the
consequence of which wiU be, that those states which
have little interest in the funds, by having a smaU share of
the public debt due to their own citizens, will take care to
appoint such persons as are the least likely to collect the
revenue. The evUs resulting from these defects will be, that in
many instances the objects of the revenue wiU be impro
perly chosen, and wUl consist ofa multitude of little articles,
which wiU, on experiment, prove insufficient; that, for
want of a vigorous collection in each state, the revenue
will be unproductive in many, and will fall chiefly on those
states which are governed by most liberal principles ; that
for want of an adequate security, the evidences of the pub
lic debt wiU not be transferable for anything like their
value. That this not admitting an incorporation of the
creditors in the nature of banks, wiU deprive the public of
24

186 THE LIFE OF
the benefit of an increased circulation, and of course will
disable the people from paying the taxes for want of a
sufficient raedium. I shaU be happy to be mistaken in my
apprehensions, but the experiment raust determine.
I hope our state will consent to the plan proposed ; he-
cause it is her interest, at all events, to promote the pay
ment of the pubhc debt in continental funds, independent
of the general considerations of union and propriety, , I
ara much raistaken if the debts due frora the United States
to the citizens of the state of New- York do not consider
ably exceed its proportion ofthe necessary funds ; of course
it has an iraraediate interest that there should be a continen
tal provision for thera. But there are superior motives
that ought to operate in every state — the obligations of
national faith, honour, and reputation.
Individuals have been too long already sacrificed to the
public convenience. It will be shocking, and, indeed, an
eternal reproach to this country, if we begin the peaceable
enjoyraent of our independence by a violation of aU the
principles of honesty and true policy.
It is worthy of reraark, that at least four-fifths of the
doraestic debt are due to the citizens of the states from
Pennsylvania inclusively northward.
P. S. — It is particularly interesting that the state should
have a representation here. Not only many matters are
depending which require a fuU representation in congress,
and there is now a thin one, but those matters are of a na
ture so particularly interesting to our state that w,e ought
not to be without a voice in them. I wish two other gen
tleraen of the delegation raay appear as soon as possible, for
it would be very injurious to me to remain much longer.
Having no future views in pubhc life, I owe it to myself
without delay to enter upon the care of my private con
cerns in earnesj.

HAMILTON. 187
It is difficult, looking merely at the force of the reasoning
in favour of his views, to coraprehend, at this time, how
any hesitation could have existed as to the system to be
preferred. The objections to that proposed by congress are so ob
vious, and the consequences of attempting to carry it into
effect were so certdn, that it cannot be matter of surprise
that Hamilton regarded it as an attempt which would, " in
a great measure, fail in the execution." But notwithstand
ing, true to those principles of action which governed
his whole career, it is to be remarked in this letter how en
tirely his mind rose above all sense of defeat, and with
what unreserved and earnest interest he urged the adop
tion of a measure, not such as he desired, but as the best
which, after every exertion to amend it, that could be ob
tained. It has been mentioned that the superintendent of
finance had intimated to congress his intention to resign.
In the disposition which then existed to cast reproach up
on that most valuable officer, this purpose had been rais
represented, and attempts were made to induce the belief
that his sole object was to erabarrass the operations of gov
ernment. On the passage of the revenue biU, a coraraittee, of
which Hamilton was a member, was appointed to confer
with him. After a full exposition of the motives which
had influenced hira, which were, " the continued refusal of
congress to make an effectual provision for the public
debts " and from which he saw that his adrainistration would
probably end in disgrace, and with the coraplete overthrow
of the national credit and ruin of his private fortune, he
consented to retain his place. That body then passed a
resolution " that the public service required his continuance
in office until the reduction of the array, and the coraple
tion of the financial arrangements connected with it."

188 THE 'LIFE OF
It has been perceived that at an early stage of the dis
cussions as to revenue, HamUton had sought to open the
doors of congress. As peace had not yet been concluded,
his proposal at that time was of a limited nature. The
termination of hostUities no longer afforded a reason for
secret proceedings, while the course of the recent discus
sions the more convinced him of the great importance of
their deliberations being public. To eflTect tbis, a resolu
tion was offered,* which he seconded, declaring that open
debate should be the rule of the house, and secrecy the ex
ception. This proposed change was founded on a decla
ration " of the iraportance, in every free country, that the
conduct and sentiments of those to whom the direction of
public affairs is comraitted, should be publicly known." A
raotion to postpone this question — connected with an assu
rance that when congress should have a fixed place of resi
dence, uninffuenced by any particular state, that then this
principle should be adopted — ^was rejected, and the main
proposition was negatived by a large raajority.f Immedi
ately after the passage of the revenue act, Harailton devo
ted his attention to his duties as chairraan of the military
coraraittee. On the first of May he submitted a report
for the reduction of the corps of invalids. It provided fiill
pay for life to aU seriously disabled officers ; directing the
estabhshment of an hospital for all the non-commissioned
officers and soldiers who were proper subjects for it, to be
supported for Ufe, granting to them in the raean tune their
rations and clothing, and entitling them to participate in
any other beneficiary provisions which might be made for
the array. Hitherto the array had only received an assu
rance of present pay. The financier was without funds,
and no early revenue frora taxes was to be anticipated. The
* By James WUson.
t The affirmatives were. Eland, Fitzsimmons, Gorham, Hamilton, Wilwn-

HAMILTON. 189
only resources were a compUance with the late requisition
and a loan. On the second of May, HamUton brought for
ward a, resolution on these subjects.
It recited " the indispensable necessity of making the
army, when reduced, an advance of pay before they leave
the field ; and as there are many other engagements for
which the public faith is pledged, that the states be called
upon, in the most solemn manner, to make every effort for
the coUection of taxes ; and that congress confidently rely,
for an immediate and efficacious attention to the present
requisition, upon the disposition of their constituents, not
only to do justice to those brave men who have suffered
and sacrificed so^ much in the cause of their country,
and whose distresses raust be extrerae, should they be-
sent from the field without a payment of a part of
their well-earned dues ; but also to enable congress to
maintain the faith' and reputation of the United States,
both which are seriously concerned in relieving the neces
sities of a meritorious army and fulfiUing the pubhc stipu
lations. That the superintendent of finance be directed to
make the necessary arrangements for carrying the views
of congress into execution ; and that he be assured of their
firm support towards fulfiUing the engagements he has
already taken or may take on the public account during
his continuance in office ; and that a further appUcation
should be made to the king of France for an additional
loan of three millions of livres."
Anxious that no effort should be omitted for the fulfil
ment of the pledges given by congress to apportion to the
troops specific quantities of land, he prepared a resolution
" that a committee should be appointed to consider of the
best manner of carrying into execution the engagements
of the United States for certain allowances of land to the
army at the conclusion of the war." This subject was
referred to a grand committee, bv which, after frequent

190 THE LIFE OF
deliberations, a report framed by Hamilton was adopted,
which declared that untU the lands should be located and
surveyed, that certUicates should be given to the officers
and soldiers as evidences of their claims, and also to the
representatives of those who had fallen in the service.
The apprehensions which Washington had expressed of
the excited feelings of the array were strongly participated
in by congress, and a resolution was offered to discharge
that part of it which had been enlisted during the war.
Harailton's failure to estabhsh* the iraraediate execution
of the provisional articles, induced him to propose a cau
tionary substitute. The coraraander-in-chief was instruct
ed to grant furloughs to the soldiers enUsted for the war,
with an assurance of their discharge on the conclusion of
the definitive treaty, and that measures would be taken
that they should be conducted to their horaes in a manner
most convenient to themselves, and to the states through
which they raay pass, and should " be aUowed to take their
arms with them ;"f a deserved tribute, which had been
suggested in the camp.
The dissatisfaction of the troops was a subject of con
stant solicitude to Washington. He addressed congress
on the subject. Harailton raoved that a copy of his letter
should be transmitted to the states, and that they should
be urged to facUitate the punctual payment of the notes
issued to the array. So constant and pressing were the
calls of congress, and such the remissness of the states.
Harailton now directed his attention to the removal of
all obstacles to the execution of the treaty, and to measures
for the security of the frontiers.
In reference to the first object, he proposed a remon-
strancej to the British government as to the deportation
of the negroes, asking reparation for the injury. While
• May 28. t 4 J. C. 224. t May 30.

HAMILTON. 191
demanding of England the fulfilment of her engagements,
he was the more anxious to provide against any infractions
by the United States ; and with this view he introduced a
report, which was followed by an important resolution.
This resolution required the reraoval of all obstructions by
the states to the recovery of debts ; the restitution of aU
confiscated property on receiving an equivalent ; and the
discontinuance of all confiscations, as due " to that spirit
of moderation and liberality which ought ever to charac
terize the deliberations and measures of a free and enlight
ened nation." Previous mention has been made of the
diiferent views of other leading individuals. They are
strongly shown in the report of Madison to the preceding
congress, on the terras of a treaty vrith England.
The violence already displayed by the citizens of New-
York towards the tories, and the unwise legislation of that
state, probably induced Hamilton's early attention to this
subject. On a division of the house, he alone voted*
against the comraitment of the report, so urgent was his
sense of the pohcy and duty of fulfiUing the provisional
articles. Iraraediately after this vote, resolutions of Vir
ginia of the seventeenth December previous, directing the
comraissioners at Paris " neither to agree to any restitution
of property confiscated by the state, nor to submit that the
laws made by any independent state of this union be sub
jected to the adjudication of any power or powers on earth,"
were considered. These resolutions, if regarded, would have
prevented the conclusion of that article of the prelirainary
treaty, which provided against any lawful irapediraent be
ing interposed to the creditors on either side recovering the
full value, in sterUng money, of all bona fide debts contract
ed before the war. Congress resolvedf tl^at this stipulation

* 1 Mad. 456. — Madison says, " the report being finaUy comraitted nem.
Mn;" but see 4 J. C. p. 225, and 3 S. J. p. 358. t May 30.

192 THE LIPE OF
could not be retracted " without a violation of the national
faith, and that the honour and interest of these United
States require it should be substantiaUy complied with."
At the instance of Pennsylvania, a resolution was passed
on the same day instructing the negotiators to endeavour
to amend the treaty so as to defer any execution for debts
contracted previous to the ,war for a period of three years,
and declaring their opinion that deraands for interest accru
ing during the war would be highly inequitable and unjust.
Apprehensive lest the acts which had already taken
place raight prevent the conclusion of the definitive treaty,
after the interval of a day Hamilton wrote to Clinton re
capitulating the general arguments in favour of clemency,
and enforcing them by a view of the pecuhar and strong
interests of the state he represented.
HAMILTON TO GOVERNOR CLINTON.
Philadelphia, June 1, 1783.
SIR, In my last letter to your excellency, I took occasion to
raention that it was of great importance to the state, at
this time, to have a representation here, as points in which,
by its present situation, it is particularly interested, are
daily and will be daily agitated. It is also of importance
at this moment to the United States, not only from general
considerations, but because we have a very thin represen
tation in congress, and are frequently unable to transact
any of those matters which require nine states. I wish
your excellency would urge two gentlemen to come on,
as it becomes highly inconvenient to me to remain here,
and as I have staid the fuU tirae to be expected.
I observe with great regret the intemperate proceed
ings among the people in different parts of the state ; in
violation of a treaty, the faithful observance of whieh so

HAMILTON. 193
deeply interests the people of the United States. Surely,
the state of New- York, with its capital and its frontier
posts (on which its iraportant fur trade depends) in the
hands of the British troops, ought to take care that noth
ing is done to furnish a pretext on the other side, even for
delaying, rauch less for resisting the execution of the trea
ty. We may iraagine that the situation of Great Britain
puts her under the necessity, at all events, of fulfiUing her
engagements, and cultivating the good-wUl of this country.
This is, no doubt, her true policy ; but when we feel that
passions make us depart from the true dictates of reason —
when we have seen that passion has had so much influence
in the conduct of the British in the whole course of the
war — when we recollect that those who govern them are
men like ourselves, and alike subject to passions and re
sentments — when we reflect, also, that all the great raen
in England are not united in the Uberal scherae of policy
with respect to this country, and that in the anarchy
which prevaUs, there is no knowing to whora the reins of
government may be committed — when we recollect how
little in a condition we are to enforce a compliance with
our claims — we ought certainly to be cautious in what
manner we act, especiaHy when we in particular have so
much at stake, and should not openly provoke a breach of
faith on the other side by setting the example.
An important distinction is not sufficiently attended to.
The fifth article is recoraraendatory ; the sixth positive, —
there is no option on the part of the particular states, as
to any future confiscations, persecutions, or injuries of any
kind, to person, hberty, or property, on account of any
thing done in the war. It is matter of discretion in the
states, whether they wiU comply with the recomraenda
tions contained in the fifth article ; but no part of the sixth
can be departed from by them, without a direct breach
of public faith and of the confederation. The power
25

194 THE LIFE OF
of making treaties, is exclusively lodged in congress. That
power includes whatever is essential to the termination of
the war and to the preservation of the general safety.
Indemnity to individuals in simUar cases, is an usual stipu
lation in treaties of peace, of which many precedents are
to be produced.
Should it be said that the associations of the people
without legal authority do not amount to a breach of the
public faith ; the answer is, if the governraent does not
redress them, and prevent their having this effect, it is as
rauch a breach as a formal refusal to coraply on its part.
In the eye of a foreign nation, if our engagements are bro
ken, it is of no moment whether it is for the want of good
intention in the government or for want of power to re
strain its subjects. Suppose a violence comraitted by an
Araerican vessel on the vessel of another nation upon the
high seas ; and, after coraplaint raade, there is no redress
given, is not this an hostility against the injured natiori,
which will justify reprisals ?
But, if I am not misinformed, there are violations going
on in forra of law. I am told that indictments continue to
be brought under the former confiscation laws, in palpable
infraction, if true, of the sixth article of the treaty ; to
which an imraediate stop ought, no doubt, to be put.
It has been said by sorae men that the operation of this
treaty is suspended tiU the definitive treaty : a plain sub
terfuge.* Whatever is clearly expressed in the prorision-
al or prehminary treaty, is as binding from the moment it
is made as the definitive treaty, which in fact only de-

* Madison Papers, vol. 1, p. 444. Yet Madison says, " Mr. HamUton ac
knowledged that he began to view the obligation of the provisional treaty in
a dUTerent Ught, and in consequence, wished to vary the direction of the
commander-in-chief from a positive to a preparatory one ; as his motion on
the Joumal states." — ^The real motive to that proposed variance has been sat
ficiently shown.

HAMILTON. 195
I
velops, explains, and fixes more precisely what may have
been too generally expressed in the former. Suppose the
British should now send away not only the negroes, but
all other property, and all the pubhc records in their pos
session belonging to us, on the pretence above stated;
should we not justly, accuse them with breaking faith ? Is
not this already done in the case of the negroes who have
been ccirried away, though founded upon a very different
principle, a doubtful construction of the treaty, not a de
nial of its imraediate operation. In fine, is it our interest to
advance this doctrine, and to countenance the position,
that nothing is binding till the definitive treaty, when there
are examples of years intervening between preUrainaiy
and definitive treaties ?
Sir Guy Carleton in his correspondence has appeared to
consider the treaty as imraediately obligatory, and it has
been the policy which I have preferred, to proraote the
same idea. I ara not indeed apprehensive of a renewal of
the war, for peace is necessary to Great Britain ; I think
it also most probable her disposition to concUiate this coun
try will outweigh the resentraents which a breach of our
engageraents is calculated to inspire. But with a treaty
which has exceeded the hopes of the most sanguine, which
in the articles of boundary and of the fisheries is even bet
ter than we asked, cu-cumstanced as this country is with re
spect to the means of making war, I think it the height of
imprudence to run any risk. Great Britain, without re
commencing hostihties, may 6vade parts of the treaty.
She may keep possession of the frontier posts. She may
obstruct the free enjoyraent of the fisheries. She raay be
indisposed to such extensive concessions in matters of com
merce as it is om- interest to aim at. In aU this she would
find no opposition from any foreign power, and we are
not in a condition to oblige her to any thing.
If we imagine that France, obriously embarrassed her-

196 THE LIFE OP
self in her finances, would renew the war to oblige Great
Britain to the restoration of our frontier posts, or to a
compliance with the stipulations respecting the fisheries,
(especially after a manifest breach of the treaty on our
part,) we speculate much at random. Observations might
be made on the last article which would prove that it is
not the policy of France to support our interests there.
Are we prepared, for the raere gratification of our re
sentraents, to put these great national objects at hazard — ^to
leave our western frontier in a state of insecurity — to re
linquish the fur trade, and to abridge our pretensions to
the fisheries?
Do we think national character so light a thing, as to be
willing to sacrifice the public faith to individual animosity?
Let the case be fairly stated. Great Britain and Ameri
ca, two independent nations a± war — the former in pos
session of considerable posts and districts of territory be
longing to the latter, and also of the means of obstructing
certain coraraercial advantages in which it is deeply inter
ested. It is not uncoraraon in treaties of peace for the uti possi
detis to take place. Great Britain, however, in the present
instance stipulates to restore all our posts or territory in
her possession. She even adds an extent not within our
original liraits, raore than a compensation- for a smaU part
ceded in another quarter. She agrees to readmit us to a
participation in the fisheries. What equivalent do we
give for this ? Congress are to recoraraend the restora
tion of property to those who have adhered to her, and
expressly engage that no future injury shall be done them
in person, liberty, or property.
This is the sole condition on our part where there is not
an immediate reciprocity, (the recovery of debts and hber
ation of prisoners being mutual ;) the former indeed is only
declaring what the rights of private faith, which aU civil-

HAMILTON. ig":
ized nations hold sacred, would have dictated without it,
and stands as the single equivalent for all the restitutions
and concessions to be made by Great Britain. WUl it be
honest in us to violate this condition, or will it be prudent
to put it in competition with all the iraportant matters to
be performed on the other side ? Will foreign nations be
willing to undertake any thing with us or for us, when
they find that the nature of our government wiU allow no
dependance to be placed upon our engageraents ?
I have oraitted saying any thing of the irapohcy of in
ducing, by our severity, a great nuraber of useful citizens,
whose situations do not raake them a proper object of re
sentment, to abandon the country, to form settleraents that
will hereafter become our rivals, animated with a hatred to
us which wiU descend to their posterity. Nothing, however,
can be more unwise than to contribute, as we are doing, to
¦people the shores and wUderness of Nova Scotia, a colony,
which, by its position, wiU become a competitor with us,
araong other things, in that branch of coraraerce on which
our navigation and navy wiU essentially depend — I raean
the fisheries, in which I have no doubt the state of New
York will hereafter have a considerable share.
To your exceUency I freely deliver my sentiraents, be
cause I am persuaded you cannot be a stranger to the
force of these considerations-. I fear not even to hazard
them to the justice and good sense of those I have the hon
our to represent. I esteera it my duty to do it, because the
question is iraportant to the interests of the state, in its re
lation to the United States.
Those who consult only their passions, might choose to
construe what I say as too favourable to a set of men who
have been the eneraies of the public liberty ; but those for
whose esteem I ara raost concerned, will acquit rae of any
personal considerations, and wiU perceive that I only urge
the cause of national honour, safety, and advantage. We

198 THE LIFE OP
have assumed an independent station, we ought to feel and
to act in a manner consistent vrith the dignity of that
station. I anxiously wish to see every prudent measure taken to
prevent those combinations which will certainly disgrace
us, if they do not involve us in other calaraities. Whatev
er distinctions are judged necessary to be raade in the
cases of those persons who have been in opposition to the
coramon cause, let thera be raade by legal authority, on a
fair construction of the treaty, consistent vrith national
faith and national honour.
P. S. — Your exceUency wiU have been informed that
congress have instructed General Washington to garrison
the frontier posts, when surrendered, with the three years
continental troops. This is more for the interest of the
state than to have them garrisoned at its particular ex
pense ; and I should wish that permanent provision raight
be made on the same principles. I wait to see whether
any continental peace establishment for garrisons will take
place, before I engage the consent of congress to a sepa
rate provision. I cannot forbear adding a word on the
subject of raoney. The only reliance we now have for
redeeraing a large anticipation on the public credit, already
raade and raaking for the benefit of the army, is on the tax
es coming in. The collection hitherto is out of all propor
tion to the demand. It is of vast consequence at this
juncture that every thing possible should be done to for
ward it. I forbear entering mto details which would be
very strUring on this subject. I wUl only say, that unless
there is a serious exertion in the states, public credit must
ere long receive another shock, very disagreeable in its
consequences, &c."
It has been observed that the territorial controversy be-

HAMILTON. 199
tween New- York and the people of Vermont had remain-
ed> at the commencement of this congress, unadjusted.
Congress had never acted with decision on this subject.
New-England, with the exception of New-Hampshire, was
in favour of the disaffected party. Some of its leading men
denied the right of congress to interfere ; most doubted
the expediency. The four states south of New- York also
favoured their pretensions. She was only sustained by
the southern states — jealous of the east — unwiUing to ad
mit into the union another sraall state to enjoy equal politi
cal weight, and to have a voice in respect to their western
claims. But New- York entertained no doubt of her rights,
and looked with extrerae jealousy on any interference with
them. Several individuals who acknowledged their alle
giance to her had been banished by Vermont, and their es
tates confiscated. This procedure was brought before
congress on the fifth of December, by a resolution second
ed by Hamilton, declaring it to be " highly derogatory to
the authority of the United States, and dangerous to the
confederacy ;" requiring restitution of the confiscated
property, and pledging themselves to enforce it. After
several proposed modifications, it passed. The only object
of this resolution was to prevent hostile coUisions untU
the question of jurisdiction should be settled, or at least
until the termination of the war. But the enforcement of
it would be extremely difficult iri a country of mountains
and defiles, by troops, most of whom were frora the eastern
states, and all averse to such a conflict. When HamiUon
proposed this resolution, he had recently taken his seat in
congress, and was uninformed ofthe diversity of the views
entertained by its raembers on this subject. As soon as
he ascertained the true position of the question, he wrote
to Clinton suggesting a compromise. The governor repli
ed that the prevaiUng opinion of the state was, that a par
tial compromise would be improper, as congress had en-

200 THELIFEOF
gaged to make a final decision of the controversy, lie
thought, however, that if the summit of the mountains
should be designated by them as the boundary, New- York
would subrait to it " for the sake of peace."
Harailton again adverted to this subject : —
" A few days since I was honoured with your excellen
cy's letter of the  , and was glad to find your ideas
on the subject corresponded with raine. As I shall in a
day or two take leave of Congress, I think it my duty to
give my opinion to the legislature in a raatter of impor
tance to the state, which has been long depending, and
is still without a prospect of terraination, in the train in
which it has been placed. I raean the affair of the grants.
It is hazardous to pass a positive judgraent on what will
happen in a body so rautable as that of congress ; but from
all I have seen, I have corae to a settled opinion, that no
determination will be taken and executed by them in any
other raanner than in that prescribed by the confedera
tion. There is always such a diversity of views and inter
ests, so raany coraproraises to be raade between different
states, that in a question of this nature, the erabarrassments
of which have been increased by the steps that have pre
ceded, and in which the passions of the opposite sides have
taken a warra part, decision must be the result of neces
sity. While congress have a discretion, they wiU procras
tinate ; when they are bound by the constitution, they
must proceed.
" It is therefore my opinion that it will be advisable for
the legislature,- when they raeet, to revive the question, and
either to relinquish their pretensions to the country in dis
pute, or to instruct their delegates, if a decision is not had
within a limited time, to declare the submission to con
gress revoked, and to institute a claira according to the
principles of the confederation. It would be out of my
province to discuss which side of the alternative ought, in

HAMILTON. 201
policy, to prevaU ; but I wiU take the liberty to observe,
that if the last should be preferred, it would be expedient
to remove every motive of opposition from private clairas,
not only by confirming in their fuU latitude, previous to the
trial, the possessions of the original settlers, but even the
grants of the usurped government. It may happen that it
will be eventuaUy necessary to employ force ; and in this
case, it would be of great importance that neither the in
habitants of the grants, nor powerful individuals in other
states, should find their private interest in contradiction to
that of the state. This has already had great influence in
counteracting our wishes, would continue to throw irapedi
ments in the way of ulterior raeasures, and raight at last
kindle a serious flarae between the states. '
" I coraraunicated to your exceUency in a former letter,
that I had declined pressing the application of the legisla
ture to congress respecting the state troops for garrison
ing the frontier posts, because temporary provision had
been made in another way, which would save the state
the imraediate expense ; and because there was a prospect
of sorae general provision for the defence ofthe frontiers,
on a continental establishraent, which was to be preferred
on every account. A report for this purpose is now be
fore congress, but the thinness of the representation has for
some time retarded, and still retards its consideration.
The definitive treaty has not yet arrived, but from accounts
which, though not official, appear to deserve credit, it may
daily be expected. A gentleman known and confided in
has arrived at Philadelphia, who inforras that he saw a
letter from Dr. Franklin to Mr. Barkely, teUing him that .
the definitive treaties were signed the seventh of May, be
tween aU the parties ; that New York was to be evacuated
in six months from the ratification of the prehminaries in
Europe, which wiU be the twelfth or fifteenth of next
month. 26

202 THE LIFE OF
" As it is not my intention to returh to congress, I take
this opportunity to make my respectful acknowledgments
to the legislature, for the honourable mark of confidence
conferred upon me by having chosen me to represent the
state in that body. I shall be happy if my conduct has
been agreeable to thera."
During the various progressive steps towards the estab
lishraent of a national revenue, and the adjustment of the
claims of the army. Colonel Hamilton's attention had also
been directed to other raatters of permanent interest.
Soon after his appointment as chairman of the mihtary
coraraittee, he took into view a branch of the service,
which, frora the amount of the expenditure, its connection
with the comforts of the army, and its previous inefficien
cy, was a subject of prominent importance — the Quarter
master-general's Department.
The difficulties attendant upon a proper establishment
for the railitary supplies, bave been frequently adverted
to. While a raember of the committee of co-operation,
General Schuyler had, after ur^ng General Greene to con
tinue at the head of this department, strenuously pressed
the adoption of a plan framed by Hamilton, stating in a
letter to congress. " that the business should be prosecuted
in the most spirited manner, and upon the largest estimate."
This plan was not adopted ; frequ^it modifications of the
system were made, the last on the twenty-eighth October,
seventeen hundred and eighty-two. This drew from the
quartermaster-general a letter, setting forth the necessity
of a change.
Harailton fraraed a new organization, gave to the quar-
terraaster-general the appointment of aU the officers be
longing to this department, designated them, defined their
compensation, specified the means of transportation to be
allotted to each rank in the army, and their respective

HAMILTON. 203
forage and subsistence, providing checks upon the is
sues. In consequence of a letter from the president of the
state of Pennsylvania respecting a peace with the Indians,
he framed a report in which — after reciting that by the
ninth article of the confederation the sole and exclusive
right and power of regulating the trade and raanaging all
the affairs with the Indians, not members of any of the
states, was in the United States — ^it was declared that the
superintendence of Indian affairs should be annexed to
the department of war. That there should be an immedi
ate suspension of hostilities with thera, and that four agents,
one for each of four districts, erabracing the eastern, nor
thern, southern, and western Indians, should be appointed
to negotiate treaties. Lest the exercise of this power
should be interpreted into a waiver of any rights, a pro
viso was added that the preceding raeasures of congress
shaU not be construed to affect the territorial claims of any
of the states, or their legislative rights, within their re
spective limits.*
He also, as chairman of the committee on peace ar
rangements, sensible of the great importance of arranging
the executive departments, drew a report in relation to the
department of foreign affairs.f
It provided that the secretary of that department should
be considered as the head of the diplomatic corps. To re
move any doubts which raay have existed as to the nature
of the office, it was declared to be his duty to lay before
congress such plans for conducting the political and com
mercial intercourse of the United States with foreign na
tions, as might appear to him conducive to their interest.
He was to be entitled to the sarae salary and aUowances as
were provided for a minister at a foreign court, and to
• April 21. t May 8.

204 THE LIFE OF
have an official secretary to be nominated by himself, to
receive the same compensation as a secretary of an em
bassy. The compensation of each minister was also spe
cified. He was to be invested with consular powers, and
to be at the same time consul-general in the country
where he resided ; having the control of aU vice-consuls
or inferior coraraercial agents, but not to be at liberty to
engage directly or indirectly in any traffic. Vice-consuls
were to be appointed vrithout salaries, but with permission
to trade.
The secretary of foreign affairs, in order to carry this
plan into effect, was directed to prepare and lay before
congress an ordinance for regulating the consular powers
and privileges, and a plan of a convention to be entered
into with foreign powers for that purpose.
A proposition was also at this time introduced* which
has a grateful aspect amid the serious responsibiUties inci
dent to war.
During the previous year. General Schuyler offered a
resolution in the legislature of New- York to secure copy
rights to authors and publishers. A recommendation was
now raade to the states to secure this right for fourteen
years, renewable for a simUar terra.
HamUton had, at an early period, expressed the opinion,
that in " the existing constitution an array was essential to
the Araerican union." It was not less important as a se
curity against foreign aggression, than as a necessary mean
of preserving domestic tranquiUity.
It has been seen that he had invited Washington to com
municate his views as to a peace establishment. A reply
was received from him, containing a memorial and sugges
tions frora different officers of the general staff", and re
minding congress of the necessity of occupying the posts
* By Dr. H. WiUiamson.

HAMILTON. 205
the moment they were evacuated. In his late letter to the
governor of New- York, Hamilton had informed him that
a report of a plan for a continental peace establishment
was then before them. The draft of this report, in his
hand, exists araong his papers. It was prefaced by the
following important observations.
" Before any plan with propriety can be determined for
a military peace establishment, it is necessary to ascertain
what powers exist for that purpose in the confederation.
" First — By the fourth clause of the sixth article it is de
clared, that no vessels of war shall be kept up by any state,
in time of peace, except such number only as shaU be
deemed necessary by the United States, in congress assem
bled, for the defence of such state or its trade ; nor shaU
any body of forces be kept up by any state in tirae of
peace, except such nuraber only as in the judgment of the
United States, in congress assembled, shall be deemed re
quisite to garrison the posts necessary for the defence of
such state.
" Secondly — By the fifth clause of the ninth article, the
United States, in congress asserabled, are empowered gene
raUy (and without mention of peace or war) to build and
equip a navy, to agree upon the nuraber of land forces,
and to make requisitions frora each state for its quota, in
proportion to the number of white inhabitants in each
state, which requisition shaU be binding ; and thereupon the
legislature of each state shall appoint the regimental offi
cers, raise the raen, and clothe, arra, and equip them in a
soldier-like manner, at the expense of the United States ;
and the officers and men so clothed, armed, and equipped,
shall march to the place appointed, and within the tirae
agreed on by the United States, in congress assembled.
" Thirdly — By the fourth clause of the sarae article, the
United States are empowered to appoint all officers of the
land forces in the service of the United States, excepting

206 THE LIFE OF
regimental officers, to appoint all officers of the naval
forces, and to commission all officers whatever in the ser
vice of the United States, making rules for the govern
ment and regulation of the said land and naval forces, and
directing their operations.
" It appears to the coraraittee that the terms of the first
clause are rather restrictive on the particular states, than
directory to the United States ; intended to prevent any
state from keeping up forces, land or naval, without the
approbation and sanction of the union, which might en
danger its tranquillity and harmony, and not to contravene
the positive power vested in the United States by the
subsequent clauses, or to deprive them of the right of
taking such precautions as should appear to them essential
to the general security. A distinction that this is to be
provided for in time of war by the forces ofthe union, in
time of peace by those of each state, would involve, beside
other inconveniences, this capital one — that when the forces
ofthe union should become necessary to defend its rights,
and repel any attacks upon them, the United States would
be obliged to begin to create, at the very moment they
would have occasion to employ, a fleet and army. They
must wait for an actual comraencement of hostihties before
they would be authorized to prepare for defence, to equip
a single regiment, or to buUd a single ship.
" When it is considered what a length of tune is requisite
to levy and forra an army, and still more to build and equip
a navy, which is evidently a work of leisure and of peace,
requiring a gradual preparation of the means, there cannot
be presumed so iraprovident an intention in the confeder
ation, as that of obliging the United States to suspend all
provision for the coraraon defence until a declaration of
war, or an invasion. If this is adraitted, it wiU follow that
they are at liberty to make such estabhshments in time of
peace as they shall judge requisite to the common safety.

HAMILTON. 207
" This is a principle of so much importance in the appre
hension of the committee to tbe welfare of the union, that
if any doubt should exist as to the true meaning of the first
mentioned clause, it wiU, in their opinion, be proper to ad
mit such a construction as will leave the general power
vested in the United States by the other clauses in full
force, unless the states respectively or a majority of them
shaU declare a different interpretation.
^ The committee, however, submit to congress (in con
formity to that spirit of candour, and to that respect for
the sense of their constituents which ought ever to charac
terize their proceedings,) the propriety of transmitting the
plan which they may adopt to the severa.1 states, to afford
an opportunity of signifying their sentiments previous to
the final execution.
" The committee are of opinion, if there is a constitu
tional power in the United States for that purpose, that
there are conclusive reasons in favour of fcederal in pre
ference to state establishments. First, there are objects
for which separate provision cannot conveniently be made ;
posts within certain districts, the jurisdiction and property
of which are not yet constitutionaUy ascertained — territory
appertaining to the United States not within the original
claim of any of the states — the navigation of the Missis
sippi, and of the lakes — the rights of the fisheries, and
of foreign commerce ; all which, belonging to the United
States, depending on the laws of nations and on treaty,
demand the joint protection of the union, and cannot with
propriety be trusted to separate establishments.
" Secondly — The fortifications proper to be established
ought to be constructed vrith relation to each other, on a
general and well-digested system, and their defence should
be calculated on the sarae principles. This is equally im
portant in the double view of safety and economy. If
this is not done uiider the direction of the United States,

208 THE LIFE OP
each state foUowing a partial and disjointed plan, it will
be found that the posts will have no mutual dependence
or support ; that they will be improperly distributed, and
more numerous than is necessary, as weU as less efficacious,
of course more easUy reduced, and more extensive both in
the construction and defence.
"Thirdly — It happens that, frora local circumstances,
particular states, if left to take care of themselves, yvouldbe
in possession of the chief part of the standing forces, and
of the principal fortified places of the union, a circum
stance-inconvenient to them and to the United States: to
thera, because it would irapose a heavy exclusive burden,
in a raatter the benefit of which will be iraraediately shared
by their neighbours, and ultimately by the states at large j
to the United States, because it confides the care of the
safety of the whole to a part, which will naturally be un
wiUing as well as unable to make such effectual provision,
at its particular expense, as the comraon welfare requires ;
because a single state, from the peculiarity of its situation,
will in a manner Iceep the keys of the United States; he-
cause, in fine, a considerable force in the hands of a few
states may have an unfriendly aspect, in the confidence
and harmony which ought carefully to be maintained be
tween the whole.
" Fourthly — It is probable that a provision by the Uni
ted States of the forces necessary to be kept up wiU be
made upon a more systematic and economical plan, than a
provision by the states separately ; especially as it wiU be
of importance, as soon as the situation of affairs will per
mit, to establish foundries, manufactories of arms, pow
der, (fee, by means of which, the labour of part of the
troops applied to this purpose wUl furnish the United
States with those essential articles on easy terms, and
contribute to their own support.
" Fifthly — There must be a corps of artillery and engi'

HAMILTON. 209
neers kept on foot in tune of peace, as the officers of this
corps require science and long preliminary study, and
cannot be formed on an emergency, and as the neglect of
this institution would always oblige the United States to
have recourse to foreigners, in time of war, for a supply
of officers in this essential branch ; an inconvenience
which it ought to be the object of every nation to avoid.
Nor indeed is it possible to dispense with the services of
such a corps in tirae of peace, as it vriU be indispensable
not only to have posts on the frontier, but to have fortified
harbours for the reception and protection of the fleet of
the United States. This corps requiring particular insti
tutions for the instruction and formation of the officers,
cannot exist upon separate establishments without a great
increase of expense.
" Sixthly — It appears from the annexed papers, No. 1
to 4, to be the concurrent opinion of the coraraittee in
council, the secretary at war, the inspector-general, and
the chief engineer, not only that sorae railitary establish
ment is indispensable, but that it ought in aU respects to
be under the authority of the United States, as well for
military as political reasons. The plan hereafter subrait
ted, on considerations of econoray is less extensive than
proposed by either of thera."
This report contemplated a Peace establishraent of four
regiments of infantry, and one of artillery, with twoy addi
tional battalions to be incorporated in a corps of engi
neers, and a regiment of dragoons. Its details wiU be the
subject of future observation.
As the articles of confederation required the regimental
officers to be appointed by the states, it proposed that they
should transfer this right to congress, and also that the men
should be enlisted under continental direction, " as a raore
certain and a more frugal mode." The promotions to be
made regimentally to the rank of colonel according to sen-
27

210 THE LIFE OP
iority ; with an interesting provision, " that no officer of any
corps shaU consider it as a violation of his rights, if any
other, who has been fortunate enough to have an opportu
nity of distinguishing himself in a particular manner, re
ceives an extra promotion in the corps on account of
briUiant services or pecuUar talents." A general survey is
suggested preparatory to the adoption of a general system
of land fortifications.
Maritime fortifications, though pronounced "of the
highest iraportance," could not be immediately undertaken ;
but an agent of marine is recommended, to obtain all the
lights and prepare all the means previously requisite to
the estabhshraent of ports, and the forraation of a navy to
be constructed and equipped on a plan deliberately com
bined in aU its parts. The establishment of arsenals, and
magazines of such articles as are not of a perishable na
ture, equal to the complete equipraent -of thirty thousand
men for the field, or for a siege calculated on a three years'
supply, was also suggested ; and Springfield in Massachu>-
setts. West Point,, a convenient position on James river,
and Camden in South Carolina, were proposed as the
places of deposit.
The institution of military academies was thought pre
mature, and a substitute was given in the plan of the engi
neer corps. Hamilton advised that a plan for the erection
of manufactories of arras and foundries should be pre
pared by the secretary at war, to be made a serious object
of policy as soon as the situation of public afifairs would
permit. A complete general staff during peace he thought
unnecessary, and proposed that the staflf should consist of a
general officer to command the troops, another to com
mand the corps of engineers and artUlery, and an inspector-
general. In time of war, two regiments to form a brigade,
with a brigadier to each.
The details of a general hospital for the reception ofthe

HAMILTON. 211
invalids of the army and navy are given ; and as the exist
ence of a corps of cavalry was deemed of great importance
to the southern states, it proposed that the commissioned
officers should be appointed. The total annual expense of
this establishment was estimated at three hundred and
forty thousand doUars ; from which deducting the product
of the manufactories in which the artillerists and artificers
were to be employed, the charge against the United States
would not exceed two hundred and forty-seven thousand
dollars. If this were thought too large an expense, a mode
was indicated for its further reduction ; and as the officers
to be retained would be taken from the existing army,
their half-pay would constitute another diminution of the
pubhc charge. Such a provision for the coramon defence
was deemed necessary, and the only question was stated
to be, whether it should be -borne by the United States or
by the particular states ; in which last case, it would proba
bly be increased for want of general system.
This report also erabraced the outhne of a plan for class
ing and disciplining the railitia, whose organization was
pronounced a constitutional duty.
With a view to a more perfect system, a military board
was proposed to be formed to revise the regulations and
digest a general ordinance for the service of the trpops of
the United States, and another for the service of the mUi
tia ; who, as intended to be constituted, would have formed
an efficient arra of defence.
A plan involving such important considerations would
arouse in the state party vehement opposition.
The exhausted resources of the country would be urged
as an objection, the dangers of a standing army insisted
on, and the constitutional power denied. These objections,
where the motives to a peace establishment were so co
gent, would naturally call forth a vigorous defence on the
part of Hamilton.

212 THE LIFE OF
The preamble of the report gives the outiine of his con
stitutional argument. Its policy would be defended by a
reference to the great national and common interests of
the confederacy, which could only be protected by its uni
ted exertions directed by one will. The alarm of danger
from a standing army would be met by an appeal to the
recent experience of the country and to the lessons of
history. A fragment of notes for the concluding observations of
Harailton's speech on this occasion exists. He stated that
it was " an absurdity that congress are erapowered to build
and equip a navy, and yet, in time of peace, the states are
to keep up one in their own defence. There must be a
navy formed in time of peace ; it ought to be proportioned
to our defence, and will then be in aU the hands instead of
those of certain states. — Congress, constituted as they are,
cannot have time for usurpation ; usurpationin such an ex
tensive erapire, requires long previous preparation, &c. —
People seldom reform with raoderation. — Men accustomed
to read of usurpations suddenly effected in small cities,
look upon such a thing as the work of a day. — The weak
side of deraocracies, is danger of foreign corruption. No
individual has sufficient interest in the state to be proof
against the seduction. — The want of an army lost the hb
erty of Athens."
The legislature of New- York, alive to the importance
of garrisoning the western posts iraraediately upon their
evacuation, passed a vote in the month of March, request
ing their delegates in congress to obtain a resolution in
conforraity to the si_xth article of the confederation, de
claring the nuraber of troops they should deem necessary
for that purpose, stating the opinion of the legislature that
a body not exceeding five hundred men would be adequate
to that object, and their wish that the force should consist
of New- York state troops who had been enlisted, and

HAMILTON. 21^
were in the pay of congress, but whom they desired that
the United States should declare thenceforth to be con
sidered in the service of the state, and not in the pay or
service of the United States ; requesting munitions and
provisions to be furnished by congress, but to be eventual
ly charged separately to the state.
The letter from General Washington suggesting the
propriety of occupying these posts with a portion of the
troops of the United States, had been* referred to a com
mittee, of which Colonel Hamilton, Madison, Osgood,
EUsworth, and Wilson, were members.
Harailton subraitted a report to congress, directing the
commander-in-chief, whenever the frontier posts should be
evacuated, to place therein of the troops under his com
mand enlisted for three years such force as he might judge
necessary to hold and secure them, until further measures
should be adopted for their security, for a term not to ex
ceed nine months.
The consideration of this report, which was commenced
on the eighth of May, was postponed by the state of Vir
ginia untU the twelfth, when it was adopted. Ten states
voted in the affirmative. Bland, Lee, and Mercer, the
members from Virginia, being against it.
The course which Hamilton took upon this question,
gave rise to much dissatisfaction in the minds of a portion
of his constituents. The views of Clinton, the governor
of New- York, were vridely different, and the proceedings
of the legislature of that state were in accordance with
those views.
Soon after HamUton had retired from congress, CUnton
addressed a general letter to the delegates in that body.
Among other observations, he remarked in this letter, " I
would take this opportunity also of calUng your attention
* May 3, 1783.

214 THE LIFE OF
to concurrent resolutions of the legislature respecting tbe
garrisoning of the western posts hi this state, which, by
the provisional treaty, are to be evacuated by the British.
These resolutions were in the tenor of instructions to our
delegates, and were imraediately transraitted to them ; but
as I have not been favoured with any official information
of the result, I submit it to you, whether some report on
a subject so interesting to the state may not be necessary
for the satisfaction of the legislature. From informal
comraunications made to me by the commander-in-chief, I
have reason to believe that he has directions from con
gress for garrisoning those posts vrith continental troops,
and that he is raaking arrangeraents for that purpose.
But as you wUl observe that it was the sense of the legis
lature that those posts should have been garrisoned by the
state, an explanation of the subject becomes the more ne
cessary ; and it is now for this reason alone, I would re
quest that you would be pleased to favour me with a par
ticular detail of the motives which influenced the deter
mination of congress on this occasion. For it wjU readily
be perceived, that should congress at this late day accede
to the propositions made by the state, it might be imprac
ticable to carry them into execution ; especially as I have
not ventured, in the state of uncertainty in which I was
left, to incur the expense which the necessary preparations
for the purpose would have required."
HamUton, seeing the advantage which was sought to be
derived by the state party from the jealousies on this sub
ject, replied at large : —
• "I have lately received from Messrs. Duane and L'Hom
medieu an extract of a letter from your excellency to the
delegates, of the twenty-third of August last, requesting a
particular detaU of the motives which influenced the deter
mination of congress respecting the appUcation of the legis-

HAMILTON. 215
lature to have their state troops released from continental
pay, for the purpose of garrisoning the frontier posts.
" In my letters to your exceUency of the first of June
and twenty-seventh of July, which were intended to be
official, I summarily informed you that congress had made
temporary provision for garrisoning the frontier posts, and
that a plan was under deliberation relative to a peace estab-
Ushrfient, which would of course embrace that object per
manently ; that, such temporary provision being made at
the common expense, and a general plan being under con
sideration for the future, I had dechned pressing a corapli
ance with the application of the legislature, conceiving it
to be more for the interest of the state that the expense
should be jointly borne, than that it should fall exclusively
upon itself.
" I did not enter into a more fuU detail upon tbe subject,
because the business continued, to the time I left congress,
in an undecided state, and it was impossible to judge what
views would finally prevail. The concurrent resolutions
of the two houses had been, immediately on their receipt,
referred to a coraraittee appointed to report on a peace
establishraent, who had suspended their report on these
resolutions tiU it should appear what would be the fate of
a general plan which had been submitted.
" As to the motives that influenced congress in making
the provision they did make, rather than iraraediately as
senting to the application of the state, as far as I was able
to collect them, they were these : — The opinion^ of many
were unsettled as to the most eligible mode of providing
for the security of the frontiers consistent with the con
stitution, as well with respect to the general poUcy of the
union, as to considerations of justice to those states whose
frontiers were more immediately exposed. A considerable
part of the house appeared to think, from reasons of a very
cogent nature, that the weU-being of the Union required a

216 THE LIFE OF
fcederal provision for the security of the dififerent parts,
and that it would be a great hardship to individual states,
peculiarly circumstanced, to throw the whole burden of
expense upon them, by recurring to separate provisions in
a matter, the benefit of which would be iraraediately shared
by theu- neighbours, and ultimately by the union at large ;
that indeed it was not probable particular states would be
either able, or, upon experiment, wiUing, to make competent
provision at their separate expense ; and that the principle
might eventually excite jealousies between the states, un
friendly to the coraraon tranquillity.
"I freely confess I was one who held this opinion.
Questions naturally arose as to the true construction of
the articles of confederation upon this head ; questions as
deUcate as interesting, and as difficult of solution. On one
hand, it was doubted whether congress were authorized by
the confederation to proceed upon the idea of a fcederal
provision ; on the other, it was perceived that such a con
trary construction would be dangerous to the union, in
cluding, araong other inconveniences, this consequence—
that the United States, in congress, cannot raise a single
regiraent, or equip a single ship, for the general defence,
till after a declaration of war, or an actual commenceraent
of hostUities.
" In this dilemma on an important constitutional ques
tion, and other urgent matters depending before congress,
and the advanced season requiring a determination upon
the raode of securing the western posts, in case of a sur
render this faU, all sides of the house concurred in raaking
a teraporary provision in the manner which has been com
municated. " My apprehension of the views of the legislature was
simply this, that, looking forward to a surrender of the
posts, and conceiving, from some expressions in the arti
cles of confederation, that separate provision was to be

HAMILTON. 217
made for the frontier garrisons, they had thought it expe
dient to apply the troops already on foot to that purpose,
and to propose to congress to give their sanction to it.
Under this apprehension — reflecting, besides, that those
troops were engaged only for a short period, upon a very
improper establishraent to continue, on account of the enor
raous pay to the private men, and that the expense which
is now shared by all, and which would have fallen solely
upon the state, had the application been complied with,
would probably be at the rate of nearly eighty thousand
dollars per annum, a considerable sura for the state in its
present situation — -I acknowledge to your excellency that
I saw with pleasure, rather than regret, the turn which
the affair took. I shall be sorry, however, if it has contra
vened the intentions of the legislature.
" I wifl take the liberty to add, upon this occasion, that it
has always appeared to rae of great iraportance, to this
state in particular, as weU as to the union in general, that
fcederal, rather than state, provision should be made for the
defence of every part of the confederacy, in peace as well
as in war. Without entering into arguments of general
policy, it wiU be sufficient to observe, that this state is in
aU respects critically situated. Its relative position, shape,
and intersections, viewed on the map, strongly speak this
language — ' Strengthen the confederation ; give it exclu
sively the power ofthe sword; let each state have no forces
but its militia.'
" As a question of mere economy, the following consider
ations deserve great weight.
" The North River faciUtates attacks by sea and by land ;
and, besides the frontier forts, aU mihtary men are of opin-.
ion that a strong post should be maintained at West Point,
or some other position on the lower part of the river. If
Canada is weU governed, it may become well peopled, and
by inhabitants attached to its government. The British
28

218 THE LIFE OF
nation, while it preserves the idea of retaining possession
of that country, raay be expected to keep on foot there a
large force. The position of that force, either for defence
or offence, vriU necessarily be such as wiU afford a prompt
and easy access to us. Our precautions for defence must
be proportioned to their means of annoying us ; and we
may hereafter find it indispensable to increase our frontier
garrisons. The present charge of a competent force in
that quarter, thrown additionally into the scale of those
contributions which we must make to the payment of the
public debt, and to other objects of general expense, if the
union lasts, would, I fear, enlarge our burden beyond our
abihty ; that charge hereafter increased, as it may be,
would be oppressively felt by the people. It includes not
only the expense of paying and subsisting the necessary
nuraber of troops, but of keeping the fortifications in repair,
probably of erecting others, and of furnishing the requisite
supplies of raiUtary stores. I say nothing of the Indian
nations, because, though it will be always prudent to be
upon our guard against thera, yet I am of opinion we
may diminish the necessity ofit by making them our friends,
and I take it for granted there cannot be a serious doubt
any where as to the obvious policy of endeavouring to do
it. Their friendship alone can keep our frontiers in peace.
It is essential to the iraproveraent of the fur trade, an ob
ject of immense iraportance to the state. The attempt at
the total expulsion of so desultory a people, is as chimeri
cal as it would be pernicious. War with them is as ex
pensive as it is destructive. It has not a single object ; for
the acquisition of their lands is not to be wished tiU those
now vacant are fiUed, and the surest as weU as the most
just and humane way of reraoving thera, is by extending
our settlements to their neighbourhood. Indeed, it is not
impossible they may be already willing to exchange their
former possessions for others more remote.

HAMILTON. 219
" The foregoing considerations would lose all force, if
we had full security that the rest of the world would make
our safety and prosperity the first object of their reverence
and care ; but an expectation of this kind would be too
much against the ordinary course of huraan affairs — too
visionary, to be a rule of national conduct.
" It is true, our situation secures us from conquest, if
internal dissensions do not open the way ; but when na
tions now make war upon each other, the object seldora is
total conquest. Partial acquisitions, the jealousy of pow
er, tharivalship of dorainion or of coraraerce, soraetimes na
tional emulation and antipathy, are the motives. Nothing
shelters us from the operation of either of these causes ;
the fisheries, the fur trade, the navigation of the lakes and
of the Mississippi, the western territory, the islands in the
West-Indies with reference to traffic, in short; the passions
of human nature, are abundant sources of contention and
hostUity. "I wiU not trespass further on your exceUency's pa
tience ; I expected, indeed, that my Mst letter would have
finished my official communications; but Messrs. Duane
and L'Hommedieu having transraitted the extract of your
letter to Mr. Floyd and myself, in order that we might
comply with what your excellency thought would be ex
pected by the legislature, it becarae ray duty to give this
explanation. Mr. Floyd having been at congress but a
short tirae after the concurrent resolutions arrived, and
being now at a great distance from me, occasions a sepa
rate communication."
While congress was engaged in the consideration of
questions connected with the disposal of the western lands,
and more particularly of the claims Virginia had inter
posed, against which Hamilton contended, asserting the
rights of the United States, and which called forth a warm

220 THE LIFE OF
address from the legislature of New-Jersey, urging them
not to accept her cession, but to press upon that state " a:
more liberal surrender of that territory of which they
claim so boundless a proportion," their deliberations were
suddenly suspended. An occurrence took place, which,
though unattended with any immediate consequences of
moraent, had at first an alarming aspect, and was one of
the many circumstances that hastened the degradation
of the confederacy. The necessities which had compelled
congress to disband the army without fulfilling their en
gageraents, led to this event. The patriotic soldieiy who
had won the independence of their country, submitted to
the severe sacrifices to which they were subjected, with a
patience and forbearance of which no similar instance ex
ists. Instead of alarming the country, and invading the
security of society by outrages and plunder, a picture was
presented by them of tbe highest interest. They were seen
quietly retiring to their respective states, forgetting the hab
its which war usually forras, mingling with the mass of the
coramunity in their common occupations, and only distin
guishable from them by the recital of the exploits they had
perforraed, and of the sufferings they had endured ; by
those scars which a sense of ingratitude and wounded
pride would sometimes prompt thera to display, and by a
deeper and more fervent devotion to their country.
A different teraper was exhibited by the new levies, who,
without having shared the dangers of the war, demanded
an exact fulfilment ofthe public engagements.
There were in the barracks of PhUadelphia and at Lan
caster a number of new recruits who had never taken the
field, and who refused to accept their discharges without
imraediate pay. On the fifteenth of June, a petition sign*
ed by their sergeants, was presented to congress. It v/as
couched in very pereraptory language, but was disregarded.
On the eighteenth, letters were received announcing the

HAMILTON. 221
determination of another party to march to Philadelphia
to demand justice. They reached it on the following day,
and joined the men in the barracks.
' Rumours were now circulated among the timid citizens
of an alarming character. The executive of the state and
congress were besieged with entreaties to check the rising
spirit of sedition, and to protect them from rapine.
On the first communication of their purpose, Hamilton
was appointed chairman of a coraraittee to confer with the
government of Pennsylvania, and to endeavour to induce
it to caU upon the mihtia to stop the insurgents, but he was
unsuccessful. They next despatched the assistant secreta
ry at war to meet them, and to represent with coolness,
but with energy, the character of their proceedings and
the dangers they had incurred. The rautineers reraained
passive untU the twenty-first of the raonth, when, upon an in
timation that they had cast; oflf the authority of their officers
and had a design against the bank, congress was convened.
The state-house, in which they met, and where the ex
ecutive of Pennsylvania was then sitting, was surrounded
by three hundred soldiers arraed with bayonets, under the
command of seven sergeants, who sent in a message to con
gress, that "unless tbeir demand was coraplied with in
twenty rainutes, they would let in upon them the injured
soldiery, the consequences of which, they were to abide."
Congress ordered General St. Clair to appear before them ;
and after having received a statement' from hira, deter
mined that they would enter into no deliberation with the
mutineers, that they must return to Lancaster, and that
ili&re, and only there, they would be paid.
St. Clair was directed to endeavour to march them to
their barracks. During this interval the federal legisla
ture adjourned, and passed through the files of the muti
neers without opposition, though individual members had
been previously threatened by them.

222 THE LIFE OF
The insurgents had taken possession of the powder
house, and of some of the public arsenals, with several
field-pieces. Congress met in the evening, and again ad
journed, having passed resolutions that they had been
grossly insulted, directing their committee to confer with
the executive of the state, and if there was no sufficient
ground for expecting adequate and prompt exertions for
supporting the dignity of the federal government, that
they should be convened at PhUadelphia at a future day.
Hamilton, as chairman of the committee, then waited
upon the executive of Pennsylvania, and represented that
the proceeding was so serious as to render palliatives im
proper, and to require a resort to vigorous measures to
corapel them to submission, and urged the employment of
the militia. To this coraraunication the executive council
replied that they must first ascertain the disposition of the
mihtia. On the foUowing day the committee asked of the
executive a definitive reply in writing. The council de
clined giving a written answer, but stated verbally that
whUe they regretted the occurrence, no aid could be ex
pected from the railitia except in case of personal riolence,
expressing doubts as to the policy of vigorous measures.
The committee replied that the measures of congress indi
cated their opinion ; that the mutineers hgid passed the
bounds within which a spirit of compromise was consist
ent with the dignity and safety of the government ; that
impunity for what had happened raight lead to more fla
grant proceedings, invite others to follow the example and
extend the raischief, and that they had directed the com
mander-in-chief to march a detachment to suppress the
mutiny. The committee finding that there were no satisfactory
grounds to expect prompt and adequate exertions from the
executive of Pennsylvania, felt themselves bound to advise
the removal of congress. Anxious to maintain the dignity

HAMILTON. 223
of that body, and vriUing to protract their departure as
long as they were justified in the hope that the council
might adopt vigorous raeasures, they deferred it until the
twenty-fourth, when seeing no hope of aid frora the coun
cil, and having every reason to expect new and raore ex
travagant demands from the mutineers, they advised an
adjournment to Princeton. The day after their arrival
there, on the motion of Harailton a resolution was passed
directing General Howe to march an adequate force to
Philadelphia to disarm the mutineers, and bring their lead
ers to trial. These measures were adopted; but after
obedience was secured, congress granted a pardon. These
proceedings, deeply offensive as they were to that body,
were more particularly so to Hamilton, who had been its
instrument in endeavouring to preserve its dignity.
The executive of Pennsylvania perceiving the indigna
tion which its irresolution had excited, transmitted a mes
sage to the assembly of the state giving a stateraent of its
proceedings. Immediately after this publication, incensed at what he
deemed a premeditated atterapt to mislead public opinion,
HamUton addressed them a highly interesting letter de
fending the coercive measures he had advised, discussing
with great force the obligations of governraent to sustain
their authority under sirailar circurastances, and raaking a
thorough investigation on general principles of the raeans
proper for quelling a mutiny.
His views from the coramencement being, " that the mu
tiny ought not to be terminated by negotiation ; that con
gress were justifiable in leaving a place where they did
not receive the support which they had a right to expect ;
but as their removal was a measure of a critical and deli
cate nature, might have an ill appearance in Europe, and
might, from events, be susceptible of an unfavourable inter
pretation in this country, it was prudent to delay until its

224 THE LIFE OF
necessity became apparent, — not only tiU it was manifest
there would be no change in the spirit which seemed to
actuate the councU of Pennsylvania, but tUl it was evident
complete submission was not to be expected from the
troops ; that to give fuU time for this, it was proper to delay
the departure of congress tiU the latest period."
Though he considered the delay of this advice as at
their extreme peril, yet, as to himself, he declared that he
should persist in it till the result of the consultation with
the miUtia officers, or some new circumstance should occur
to explain the designs of the mutineers ; that in pursuing
this line of conduct he should counteract the sense of some
gentlemen whose feelings on the occasion were keen, and
the opinions of others who thought the situation of con
gress under the existing circumstances extremely awkward,
precarious, and unjustifiable to their constituents. Subse
quent circumstances, indicating a collusion between the
coraraittee and the rautineers, overcame his opposition to
the report for their reraoval.
When comraenting on this occurrence, he remarked:—
" It was the duty of governraent to provide efiectually
against the repetition of such outrages, and to put itself in
a situation to give, instead of receiving the law ; and to
manifest that its corapliance was not the effect of necessi
ty, but of choice. This was not to be considered as the
disorderly riot of an armed mob, but as the deliberate
mutiny of an incensed soldiery, carried to the utmost point
of outrage short of assassination. The licentiousness of an
army is to be dreaded in every government ; but in a re
public it is more particularly to be restrained, and when
directed against- the civil authority, to be checked with
energy and punished with severity. The merits and suf
ferings of the troops might be a proper motive for mitiga
ting punishment, when it was in the.power of the govern
ment to inflict it ; but there was no reason for relaxing in

HAMILTON. 225
the measures necessary to arrive at that situation. Its
authority was first to be vindicated, and then its clemency
to be displayed.
" The rights of government are as essential to be de
fended as the rights of individuals. The security of the
one is inseparable from that of the other ; and indeed in
every new government, especially of the popular kind,
the great danger is, that public authority wUl not be suf
ficiently respected."
After adverting to the probabUity of an accession of
strength to the mutineers, he observed : — " In this state
of things, decision was most corapatible with the safety
of the coraraunity as weU as the dignity of governraent.
Though no general convulsion raight be apprehended, seri
ous mischief might attend the progress of the disorder.
Indeed, it would have been raeanness to have negotiated
and temporized with an armed banditti of four or five
hundred men, who, in any other situation than surround
ing a defenceless senate, could only become formidable by
being feared. This was not an insurrection of a whole
people ; it was not an army with their officers at their
head, demanding the justice of the country — either of
which might have made caution and concession respect
able ; it was a handful of mutinous soldiers, who had
equally violated the laws of discipUne as the rights of pub
lic authority."
" There was a propriety in calling for the aid of the mili
tia in the first place for different reasons. Civil govern
ment may always with more peculiar propriety resort to
the aid of the citizens to repel raUitary insults or encroach
ments. 'Tis there, it ought to be supposed, where it may
seek its surest dependence; especially in a democracy,
which is the creature of the people. The citizens of each
state are, in an aggregate light, the citizens of the United
States, and bound as much to support the representatives
29

226 THE LIFE OF
of the whole as their own unmediate representatives. The
insult was not to congress personally, it was to the govem
ment, to public authority in general, and was very pro
perly put on that footing. The only question is, whether
there was greater danger to the city in attempting then-
reduction by force, than in endeavouring by paUiatives to
bring them to a sense of duty. It has been urged, and
appeared to have operated strongly on the council, that
the soldiers being already embodied, accustomed to arms,
and ready to act at a moment's warning, it would be ex
tremely hazardous to attempt to collect the citizens to
subdue them, as the mutineers raight have taken advan
tage of the first confusions incident to the raeasure to do
a great deal of mischief before the militia could have as
serabled in equal or superior force.
" It is not to be denied but that a sraaU body of disci
plined troops, headed and led by their officers, with a plan of
conduct, could have effected a great deal in siraUar chcum-
stances ; but it is equally certain that nothing can be more
contemptible than a body of men used to be commanded
and to obey, when deprived of the example and direction
of their officers. They are infinitely less to be dreaded
than an equal number of men who have never been bro
ken to coramand, nor exchanged their natural courage for
that artificial kind which is the effect of discipline and
habit. Soldiers transfer their confidence from themselves
to their officers, face danger by the force of example, the
dread of punishment, and the sense of necessity. Take
away these inducements, and leave them to themselves,
they are no longer resolute than till they are opposed.
The idea of coercion was the safest and most prudent, for
more was to be apprehended from leaving them to their
own passions, than from attempting to control thera by
force. The events corresponded with this reasoning — the
departure of congress brought the matter to a crisis, and

HAMILTON. 227
the councU were compelled, by necessity, to do what they
ought to have done before through choice."
In concluding this sketch of Hamilton's services for the
short period of eight months in the Congress of the Confed
eration, it is due to him to remark, that faint as this outline
is, from the imperfect materials that exist, enough remains
to show his coraraanding position, raoral and intellectual.
In his letters to the superintendent of finance, when
speaking of the temper of the New- York legislature, he
observed that, to eflfect a change of their system, " moun
tains of prejudice and particular iriterest are to be level
led," that his efforts to introduce efficient* modes of taxa
tion had failed, and though " there was a pretty general opin
ion that the system of funding for payment of old debts,
and for procuring further credit,.was wise and indispensa
ble, yet that a raajority thought it would be unwise in one
state to contribute in this way alone."
With such dispositions in that state, and with the gene-
eral temper of the country and of congress, it was no tri
vial task to combat ; yet while sorae around hira are seen
seeking safety in coraproraises between their sense of duty
and their love of popularity, between the general welfare
and state interests, he is beheld, frora the coraraenceraent
of his career, boldly raeeting aU the public prejudices, con
futing every objection as it arose, standing alraost alone
in opposition to raeasures which he could not believe were
promotive of the country's good, and urging in their stead
the adoption of an energetic and comprehensive systera of
national policy — a system of policy which has controlled
the destinies of this republic, and of which the great car
dinal principles have becorae American maxims of state.
As to its exterior relations, his views are seen to have
been. Neutrality with foreign powers — Friendship with
"the Indian nations" — the Gradual "acquisition "of theu-
lands by purchase, and, " as the most just and humane way of

228 THE LIFE OP
removing them, the extending our settlements to their neigh
bourhood." As to the defence of the country, a smaU compact Peace
establishment, land and naval, capable of being augmented
without derangement.
As to its commerce. Treaties of equaUty and reciprocity
of short duration, reserving the power of aiding domestic
industry ; Ught and easy duties on imports, as "a mode of
revenue which preserves a just measure to the abihties of
individuals, promotes frugality, and taxes extravagance," so
imposed as to encourage, by judicious discriminations, by
" bounties and by premiums," the production of articles of
primary necessity.
As to the Fiscal system, a revenue to be derived from
" permanent funds," to be imposed and coUected by congress,
and, lest the pubUc burdens should too much press, or the
pubhc resources be too dependent upon commerce, duties
upon certain luxuries, and a small land tax, as auxiharies.
The revenue to become the basis of " Foreign loans" to
Fund the debt, and of a " Sinking fund" to discharge it
The " Assumption" of the debts of the states incurred for
the common defence, and a provision for every class of the
public creditors, without any discrimination between the
original holders or purchasers.
A National Bank, as an instrument to facUitate the pay
ment and coUection of duties, and to aid and regulate the
commerce between the states by supplying and maintain
ing an uniform currency.
It is important to remark that such was his policy at this
time, when no motives of ambition, no calculations of per
sonal interest, could possibly have prompted them — ^when
they only could have been entertained and avowed from a
conviction that they would promote the general welfare—
when, as he wrote to Chnton, " he had no future views in
pubhc life."

HAMILTON. 229
Views such as these could only have been entertained
by a mind fraught with the great idea of regulating the
confficting forces which disturbed the pohtical systera by
a general pervading and controlling law — ^with the idea of
instituting a government duly checked with powers and
organs " adequate to the exigencies" of the nation.
In his address urging Rhode Island to grant to Congress
the power of levying an impost, he stated that " a Repre
sentative RepubUc ought to have the means necessary to
answer the end of its institution," and as a justification of
the demand, he asserted that the measure, if not within the
letter, is within the spirit of the confederation. " Congress
by that are erapowered to borrow raoney for the use of
the United States, and, by imphcation, to concert the
means necessary to accompUsh the end." Manifest as
these inductions are, and repudiating, as he had done to
tally, the idea of a resort to force, he saw that this implica
tion only gave to congress the power "to concert the
means." Hence he proposed that it should be empowered
to nominate its own officers to coUect the revenue from
individuals. This was the initiatory idea of a General Govemraent
with organs to exercise its powers directly, without state
intervention* — an expedient now obvious to every raind,
but how far reraoved from the prevailing sentiment of the
country, and from the system of the confederation with
its congress of ambassadors 1
* This proposition is previously stated in fuU, as presented by him on the
twentieth of March. The affirmative states were Connecticut, New- York,
New-Jersey, and Pennsylvania. The votes of the delegates were — ayes,
Bland, Boudinot, Clark, Condict, Dyer, Floyd, Hamilton, McComb, Mont
gomery, Peters, Rutledge, 'Wilson, Wolcott. Those against it were Arnold,
Bedford, CoUins, Fitzsimmons, Gervais, GUman, Gorham, Hawkins, Hems
ley, Higginson, Holten, A. Lee, F. F. Lee, Madison, Mercer, Osgood, White, ,
WilUamson. 4 J. C. 177. Two only of the southem members voted for it
—Bland and Rutledge.

230 THE LIPE OP
Defeated in this measure, and disappointed in his other
exertions to prop the national edifice, yet fuU of apprei
hension for the continuance of the union, he felt that it
was due to the people of this great country, while yet uni
ted under a general confederacy, to appeal to them in.their
own behalf.
With this view he prepared the following resolutions ;
but finding that they could not succeed, and unwiUing that a
new obstacle should be raised by the formal rejection of pro
positions of such magnitude, he did not bring themi forward.
On the draft this endorseraent, raade by hiraself, is to be
seen — "Intended to be subraitted to congress in seven-
teen hundred and eighty-three, but abandoned for want
of support !"
Frora the httle care he bestowed upon his manuscripts,
the fact of this memorandum having been made by hiniy
would seera to indicate Harailton's desire to preserve this
evidence of his early-matured purpose to estabUsh a bal
anced constitutional government, with distinct depart
ments and adequate powers.
" Whereas, in the opinion of this congress, the confeder
ation of the United States is defective in the following es
sential points.
" First, and generally, in confining the fcederal govern
ment within too narrow limits ; withholding from it that
efficacious authority and influence in aU matters of general
concern, which are indispensable to the harmony and wel
fare of the whole ; embarrassing general provisions by
unnecessary detaUs and inconvenient exceptions incompat
ible with their nature, tending only to create jealousies and
disputes respecting the proper bounds of the authority of
the United States, and of that of the particular states, and
a mutual interference of the one with the other.
"Secondly — In confounding legislative and executive
powers in a single body ; as that of determining on the

HAMILTON. 231
number and quantity of force, land and naval, to be em
ployed for the coramon defence, and of directing their ope
rations when raised and equipped ; with that of ascertain
ing and making requisitions for the necessary suras or
quantities of money to be paid by the respective states into
the common treasury, contrary to the most approved and
well-founded maxiras of free governraent, which require
that the legislative, executive, and judicial authorities
should be deposited in distinct and separate hands.
" Thirdly — In the want of a Federal Judicature, hav
ing cognizance of all matters of general concern in the last
resort, especiaUy those in which foreign nations and their
subjects are interested ; from which defect, by the interfe
rence ofthe local regulations of particular states mUitating,
directiy or indirectly, against the powers vested in the
union, the national treaties wUl be liable to be infringed,
the national faith to be violated, and the public tranquiUity
to be disturbed.
"Fourthly — In vesting the United States, in congress
assembled, with the power of general taxation, comprehend
ed in that ' of ascertaining the necessary sums of raoney
to be raised for the coraraon defence, and of appropriating
and applying the same for defraying the pubUc expenses ;'
and yet rendering that power, so essential to the existence
of the union, nugatory, by withholding from them aU con
trol over either the imposition or the collection of the taxes
for raising the suras required, whence it happens that the
inclinations, not the abiUties, of the respective states are,
in fact, the criterion of their contributions to the comraon
expense, and the public burden has fallen, and vrill con
tinue to fall, with very unequal weight,
" Fifthly — In fixing a rule for determining the propor
tion of each state towards the comraon expense, which, if
practicable at all, must in the execution be attended with
great expense, inequality, uncertainty, and difficulty.

232 THE LIFE OP
" Sixthly — In authorizing congress • to borrow money,
or emit bills, on the credit of tbe United States,' without
the power of establishing funds to secure the repayment
of the money or the redemption of the biUs emitted, from
which must result one of these evils — either a want of suf
ficient credU in the first instance to borrow, or to circu
late the biUs eraitted, whereby in great national exigencies
the pubhc safety raay be endangered, or, in the second
instance, frequent infractions of the pubUc engagements,
disappointments to lenders, repetitions of the calaraities
of depreciating paper, a continuance of the injustice and
mischiefs of an unfunded debt, and, first or last, the anni
hilation of public credit. Indeed, in authorizing congress
at aU to emit an unfunded paper as the sign of value ; a
resource, which, though useful in the infancy of this coun
try, indispensable in the coraraencement of the revolution,
ought not to continue a formal part of the constitution, nor
ever hereafter to be employed, being in its nature pregnant
with abuses, and liable to be raade the engine of imposition
and fraud, holding out temptations equally pernicious to the
integrity of government and to the morals ofthe people.
" Seventhly — In not making proper or competent provi
sion for interior or exterior defence : for interior defence, by
leaving it to the individual states to appoint aU regunental
officers ofthe land forces, to raise the men in their own way,
to clothe, arm, and equip them, at the expense ofthe United
States ; frora which circumstances have resulted, and will
hereafter result, great confusion in the mUitary department,
continual disputes of rank, languid and disproportionate
levies of men, an enorraous increase of expense for want
of system and uniformity in the manner of conducting
them, and frora the competitions of state bounties ;— by
an arabiguity in the fourth clause of the sixth article, sus
ceptible of a construction which would devolve upon the
particular states in time of peace the care of their own

HAMILTON. 233
defence both by sea and land, and would preclude the Uni
ted States frora raising a single regiraent or building a
single ship before a declaration of war, or an actual cora
mencement of hostilities ; a principle dangerous to the
confederacy in different respects, by leaving the United
States at all times unprepared for the defence of their
common rights, obliging them to begin to raise an array
and to build and equip a navy at the raoraent they would
have occasion to employ thera, and by putting into the
hands of a few states, who frora their local situations are
more imraediately exposed, all the standing forces of the
country, thereby not only leaving the care of the safety of
the whole to a part, which will naturally be both unwiUing
and unable to raake effectual provision at its particular
expense, but also furnishing grounds of jealousy and dis
trust between the states, unjust in its operation to those
states in whose hands they are, by throwing the exclusive
burden of raaintaining those forces upon them, whUe their
neighbours imraediately, and all the states ultiraately, would
share the benefits of their services : for exterior defence,
in authorizing congress ' to build and equip a navy,'
without providing any raeans of raanning it, either by re
quisitions of the states, by the power of registering and
drafting the seamen in rotation, or by erabargoes in cases
of eraergency, to induce thera to accept, eraployment on
board the ships of war ; the oraission of all which leaves
no other resource than voluntary enhstraent ; a resource
which has been found ineffectual in every country, and for
reasons of peculiar force, in this.
" Eighthly — In not vesting in the United States a gen
eral SUPERINTENDENCE OF TRADE, equally ncccssary in
the view of revenue and regulation : of revenue, because
duties on commerce, when moderate, are araong the most
agreeable and productive species of it which cannot with
out great disadvantages be imposed by particular states,
30

234 THE LIFE OP
while others refrain from doing it, but must be imposed in
concert, and by laws operating upon the sarae princi
ples, at the sarae raoraent, in all the states; otherwise
those states which should not impose them would en
gross the comraerce of such of their neighbours as did :
of regulation, because by general prohibitions of par
ticular articles, by a judicious arrangeraent of duties,
-soraetiraes by bounties on the raanufacture or exportation
of certain comraodities, injurious branches of commerce
might be discouraged, favourable branches encouraged,
useful products and manufactures promoted; none of
which advantages can be effectuaUy attained by separate
regulations without a general superintending power ; be
cause, also, it is essential to the due observance of the com-'
mercial stipulations of the United States with foreign
powers, an interference with which will be Hnavoidable
if the different states have the exclusive regulation of their
own trade, and of course the construction of the treaties
entered into.
"Ninthly — In defeating essential powers by provisoes
and limitations inconsistent with their nature, as the power
of making treaties with foreign nations, ' provided that no
treaty of comraerce shall be raade whereby the legislative
power of the respective states shall be restrained from im
posing such imposts and duties on foreigners as their own
people are subjected to, or from prohibiting the importa
tion or exportation of any species of goods or commodi
ties whatever ;' a proriso susceptible of an interpretation
which includes a constitutional possibility of defeating the
treaties of comraerce entered into by the United States.
As also the power ' of regulating the trade, and managing
aU affairs with the Indians, not merabers of any states ;
provided, that the legislative right of any state within its
own limits be not infringed or violated,' and others of a
simUar nature.

HAMILTON. 235
" Tenthly — In granting the United States the sole pow
er ' of regulating the alloy and value of coin struck by their
own authority, or by that of the respective states,' without
the power of regulating foreign coin in circulation, though
one is essential to the due exercise of the other, as there
ought to "be such proportions raaintained between the na
tional and foreign coin, as wUl give the forraer a prefer
ence in all internal negotiations ; and without the latter
power, the operations of governraent, in a matter of priraa
ry importance to the commerce and finances of the United
States, will be exposed to numberless obstructions.
"Eleventhly — In reqiUring the assent of nine states to
matters of principal iraportance, and of seven to all others,
except adjournments from day to day, a rule destructive
of vigour, consistency, or expedition, in the adrainistration
of affairs, tending to subject the sense of the majority to
that of the minority, by putting it in the power of a smaU
combination to retard and even to frustrate the most neces
sary measures, and to oblige the greater number, in cases
wbich require speedy deterrainations, as happens in the raost
interesting concerns of the community, to corae into the
views of the smaUer ; the evils of which have been felt in
critical conjunctures, and raust always make the spirit, of
government a spirit of compromise and expedience, rather
than of system and energy.
" Twelfthly — In vesting in the fcederal governraent the
sole direction of the interests of the United States in their
intercourse with foreign nations, without erapowering it
to pass ALL GENERAL LAWS in aid and support of the laws
of nations ; for the want of which authority, the faith of
the United States may be broken, their reputation suUied,
and their peace interrupted, by the neghgence or miscon
ception of any particular state.
"And whereas experience hath clearly manifested that
the powers reserved to the union in the confederation, are

236 THE LIPE OP
unequal to the purpose of efifectually dravring forth the re
sources of the respective merabers, for ilw common welfare
and defence ; whereby the United States have, upon sev
eral occasions, been exposed to the most critical and
alarming situations; have wanted an army adequate to
their defence, and proportioned to the abilities of the
country ; bave on account of that deficiency seen essen
tial posts reduced — others imminently endangered — ^whole
states, and large parts of others, overrun and ravaged by
sraall bodies of the eneray's forces ; have been destitute of
sufficient raeans of feeding, clothing, paying, and appoint
ing that army, by which the troops, rendered less efficient
for military operations, have been exposed to sufferings»
which nothing but unparalleled patience, perseverance,
and patriotisra could bave endured. Whereas, also, the
United States have been too often compelled to make the
administration of their affairs a succession of temporary
expedients, inconsistent with order, economy, energy, or
a scrupulous adherence to the public engagements, and
now find themselves, at the close of a glorious strug^e for
independence, without any certain means of doing justice
to those who have been its principal supporters — to an ar
my which has bravely fought, and patientiy suffered— to
citizens who have cheerfully lent their money — and to
others who have in different ways contributed their pro
perty and their personal service to the coraraon cause;
obliged to rely for the only effectual raode of doing that
justice, by funding the debt on solid securities, on the pre
carious concurrence of thirteen distinct deliberatives, the
dissent of either of which raay defeat the plan, and leave
these states, at this early period of their existence, in
volved in all the disgrace and mischiefs of violated faith and
national bankruptcy. And whereas, notwithstanding we
have, by the blessing of Providence, so far happily es
caped the complicated dangers of such a situation, and

HAMILTON. 237
now seethe object of our vrishes secured by an honourable
peace, it would be unwise to hazard a repetition of the
same dangers and embarrassments, in any future war in
which these states may be engaged, or to continue this ex
tensive empire under a government unequal to its protec
tion and prosperity. And whereas, it is essential to the
happiness and security of these states, that their union
should be established on the most solid foundations, and it
is manifest that this desirable object cannot be eflfected but
by a GOVERNMENT, Capable, both in peace and war, of
making every member of the union contribute in just
proportion to the comraon necessities, and of combining
and directing the forces and wiUs of the several parts to a
general end ; to which purposes, in the opinion of con
gress, the present confederation is altogeter inadequate.
And whereas, on the spirit which raay direct the coun
cils and measures of these states, at the present juncture,
may depend their future safety and welfare — Congress
conceive it to be their duty, freely to state to their constit
uents the defects which, by experience, have been discov
ered in the present plan of the fcederal union, and solemn
ly to caU their attention to a revisal and amendment of
the same. Therefore resolved, That it be earnestly recom
mended to the several states to appoint a convention, to
meet at  on the  day of  , with fuU powers to
revise the confederation, and to adopt and propose such
alterations as to them shall appear necessary, to be finally
approved or rejected by the states respectively — and that
a committee of  be appointed to prepare an address
upon the subject."
These resolutions, as appears from a communication to
General Washington, HamUton prepared with a view to
an address from congress as soon as they had ratffied the
definitive treaty. " In a letter," he says, " which I wrote
to you several months ago, I intimated that it might be in

238 THE LIFE OF
your power to contribute t6 the estabUshment of our fcede
ral union upon a raore solid basis. I have never since ex
plained rayself. At the time, I was in hopes congress
might have been induced to take a decisive ground, to in
forra tbeir constituents of the iraperfections of the present
systera, and of the impossibility of conducting the pubhc
affairs with honour to themselves and advantage to the
coraraunity, with powers so disproportioned to their re
sponsibility ; and having done this in a fuU and forcible
manner, to adjourn the moraent the definitive treaty was
ratified. In retiring at the sarae juncture, I vrished you
in a solemn raanner to declare to the people your intended
retreat frora public concerns ; your opinion of the present
governraent, and of the absolute necessity of a change.
Before I left congress I despaired of the first, and your
circular letter to the states had anticipated the last.
" I trust it will not be without effect, though I am per
suaded it would have had more, combined with what I
have mentioned ; at all events, without compliment, sir, it
vriU do you honour with the sensible and weU-meaning,
and ultimately, it is to be hoped, with the people at large,
when the present epidemic frenzy has subsided."
With this purpose, not less grand in the conception
than in the raode in which it was to be eflfected, HamiUon
closed his career in congress.

HAMILTON. 239

CHAPTER XIX.
[1783.]
A rumour that the definitive treaty had been received,
led to a request that Harailton would reraain in congress
a few days. The apprehensions he had entertained of
obstacles to its conclusion being thus dispelled, he was
much elated with the event, and with the prospect, after so
long a public career, 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 frora 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 shaU be happily settled in New- York.
My love' to your father. Kiss my boy a thousand times.
A thousand loves to yourself."
This information proving to be erroneous, he proceed
ed by an interior route to Albany, where he remained
untU the evacuation of New-York in November.
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 forraer feelings, when hastening along its alarraed bor
ders on his lonely, anxious way — araid deserted dwellings,
forsaken fields, a discordant population — to extort reluc
tant aid frora Gates, he detected those incipient intrigues
which would have lost Washington to his country I
Where, before, the tmyd shallop rarely ventured to dart

240 THE LIFE OF
its course across the mournful streara, was now seen the
bold canvass of its unrivalled craft wafting to their hbera
ted raart 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 raoment, when, in concert
with Schuyler, were framed those meraorable resolutions,
the first to recoraraend a general convention to establish a
constitution. Approaching Fishkill, he would recur to the
tirae when, vrith early wisdom, he portrayed the evUs of a
weak and the blessings of an efficient governraent. 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 overwhelra them, untU 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 raanly teraper from the
faraUy of Washington, he devoted his first leisure to those
capacious plans of national pohty which placed him in
early raanhood araong the foreraost 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 flag of the Union,
announcing that the conflict was over, and seeming to in
vite him to new triumphs in this rauch-loved scene of his
youthful iraaginings, efforts, and distinctions. Cof dial were
the greetings of this grateful city, as it welcomed, in its

HAMILTON. 241
once 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 homUies you delivered in congress, are still recol
lected with pleasure. The irapressions they raade, are in
favour of your integrity, and no one but believes you a raan
of honour and republican principles. Were you ten years
older, and twenty thousand pounds richer, there is no doubt
but that you raight 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 soraetiraes intemperate, but seldora visionary,
and that were you to pursue your object with as rauch
cold perseverance as you do with ardour and argument,
you would becorae 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 — raeasures 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 wiU not be granted.
31

242 THE LIPE OF
Adieu, my dear friend, and in the days of your happiness
drop a line to your
McHenry.
p. s. — Our exeraplification ofthe treaty has passed, and
wiU be transmitted to the state officially.
The other was from Jay, at Passy : —
" DEAR SIR,
" You was always of the nuraber 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 reraain a citizen.
"The character and talents of delegates to congress
daily become raore and more iraportant, 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 wUl stiU con
tinue to derive advantage frora your services : much re
mains to be done, and labourers do not abound.
" I ara happy to hear that the terras of peace and the
conduct of your negotiators give general satisfaction.
But there are sorae of our countryraen, 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 Araerican newspapers for sorae raonths past con
tain advices which do us harm ; violences and associations
against the tories pay an ill compliraent to government,
and irapeach our good faith in the opinion of some, and
our magnanimity in the opinion of many. Our reputa-

HAMILTON. 243
tion, also, suffers frora the apparent reluctance to taxes,
and the ease vrith which we incur debts without providing
for 'theu- payment. The complaints of the array — the
jealousies respecting congress — the circumstances which
induced their leaving PhUadelphia — and the too httle ap
pearance of national spirit pervading, uniting, and invigo
rating the confederacy, are considered as omens which
portend the dirainution of our respectabUity, power, and
fehcity. I hope that as the wheel turns round, other and
better indications wiU soon appear. I ara persuaded that
America possesses too much wisdom and virtue to permit
her briUiant prospects to fade away for want of either.
" The tories are alraost as rauch pitied in these coun
tries as they are execrated in ours ; an undue degree of
severity towards thera would, therefore, be irapolitic, as it
would be unjustifiable. They who incline to involve that
whole class of raen in indiscrirainate punishraent and ruin,
certainly carry the raatter too far. It vvould be an in
stance of unnecessary rigour and unraanly 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 foUowed by clemency,
moderation, and benevolence, and we should be careful
not to sully the glory of the revolution by licentiousness
and cruelty. These are my sentiments, and however un
popular they raay be, I have not the least desire to conceal
or disguise thera. Believe rae to be, with great regard
and esteera."
Notwithstanding urgent solicitations, Hamilton adhered
to his purpose of retiring wholly from public life, and was
soon imraersed in the labours of his profession ; in which,
without the advantages of much previous study, by the
energies of a mind peculiarly adapted to the analysis of first

244 THE LIFE OF
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
comraenced against proscribed persons. Shocked at these
proceedings, Hamilton took up the cause of these perse
cuted individuals with all the zeal of his boundless benevo
lence. The definitive treaty having arrived, he addressed a
meraorial to congress asking a record of it ; in which, to
prorapt 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 raeasure that would " conduce to the security
of a great nuraber of individuals who derive their hopes
of safety frora the national faith."
Harailton now corameneed his professional career ; and
it is one of the raost interesting incidents of that career,
that the first exertion of his talents as an advocate, was in
the cause of cleraency 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 rae 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 Chnton, and was found
ed on a recent enactment caUed " 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-

HAMILTON. 245
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 beUigerent against those
of another for injuries committed during the war by raili
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 ther confederation as the rule of its decisions when in
conflict with a local statute. It might deterraine the con
duct of Great Britain as to the execution of tbe 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 sarae 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 Araerican 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

246 THE LIFE OF
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 coraraunity, 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 tbat state, no court especially of limited jurisdic
tion, could look beyond it. Look where ? 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 governraent of this state
or upon the people. The war was unjust, admitted by
the eneray 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 soleran war, and therefore con
ferred no rights upon the captor. Nor was that court to
be controUed by tbe treaty. New- York was a sovereign,
independent state. Congress had no right to bind the
state in this raatter ; 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 precedent, and stood upon the sta
tute. Harailton felt the advantageous position of his oppo
nent. He passed by the iraraediate 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 aU the relations of two great
erapires, raight be discussed in Europe, and might produce.

* The outUne of this speech is framed from an extended brief, giving aH
the points of the argument and the authorities.

HAMILTON. 247
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 deterrained
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, controUed by the positive or voluntary law
for the good of raankind, which is equaUy obligatory, and
is enjoined by the natural law.
By the necessary law, the party raaking an unjust war
acquires no rights, and is bound to make reparation for aU
damages. By the voluntary law — which may be defined,
that systera of rules which grow out of the independence

248 THE LIFE OP
of distinct political associations, qualifying their natural
rights as individuals — both parties have equal rights, hav
ing no common judge ; and the eflfects of a war on both
sides, are tbe same.
These effects are principaUy irapunity, the acquisition
of property ; a rule estabhshed to proraote {he general
peace of raankind, by removing discussions about the jus
tice of the war, and the proportion of the damages to the
injury and the security of purchasers, especiaHy 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 soleran war. Formalities are arbitrary — an act
of parliaraent authorized hostilities. The declaration of
independence speaks of an open war subsisting. Congress
forraally authorized our citizens to cruise. It has been
said that the state of New- York has no coramon law of
nations. The answer is, that law results frora the relations
of universal society— that our constitution admUs the
comraon law, of which the law of nations is a part — and
that the United States direct our foreign intercourse, and
have expressly becorae 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 iraraovables, 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 reraained a night with the eneray, but that it was
gained by battle of the enemy ; ahd pleading is the touch
stone of the law. The comraon 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 fuU ex
tent as a general doctrine, but particular adjudications
recognise the operation of capture.

HAMILTON. 249
, The second branch of the discussion related to the effect
of the treaty of peaee, 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 weU as the
contending publics. To the objection, that congress had
no right to bind the state, that it was raeddling 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, aU 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 coraplete 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 governraent 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 fuU 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 rerait the rest, they
have no power to make peace. It is true that this power

32

250 THE LIFE OF
does not permit the making aU possible conditions, — sueh
as dismerabering the erapire, or surrendering the liberties
of the people ; but it includes the power of making aU rea
sonable and usual conditions — such is a reraission of dam
ages, — for without it the state of war continues.
But it raay 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 frora this principle of aU 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 pubhc, who
may agree for an equivalent, or release the claim without
it ; and, our external sovereignty existing in the union,
the property of aU 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 proclaraation enjoining the observance ofit is a law,
and a law pararaount to that of any particular state. But
it is said, " the sovereign authority raay, 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-

HAMILTON. 251
eignty of any one state has legally this power. Each 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 raaking, treaties."
" The legislature of any one state has nothing to do with
what are called ' reasons of state.' We raight as weU say
a particular c«unty 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 raay 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 aU 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 raay 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 raodification ahd abridgraent
of federal authority by the original corapact.
" 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 raember of a raore ex
tensive coramunity 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 the original compact. WhUe 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 vestirig no judicial

252 THELIFEOF
powers in congress, excepting in prize causes, in all other
matters the judges of each state must of necessity be judges
ofthe United States, and they must take notice ofthe 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 raay be applied : ' Primura 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 duae aut si plures aut
quotcunque erunt conservari non possint quia discrepent
inter se, ea raaxirae conservanda putetur quae ad maxi-
raas res pertinere videntur' — 'Where two or more laws
clash, that which relates to the most important concerns
ought to prevail.'
" Many of these arguraents are on the supposition, that
the trespass act cannot stand with the laws of nations and
the treaty. It may, however, legaUy receive such a con
struction as wiU 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 riolate the
laws of nations, and forfeit our character as a civilized
people ; to violate a solemn treaty of peace, and revive the
state of hostUity ; to infringe the confederation ofthe 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 unnecessaiy, quo-

HAMILTON. 253
ting the observation of Cato, " Leges enim ipsse cupiunt
ut jure regantur."
The argument extended to an exaraination of the juris
diction of the court, and to a rainute 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 apothegra 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 wiU 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 forraed indeed by cora
pact, but by a corapact 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
sequentiy "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-
gahzed 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

254 THE LIFE OP ^
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 raore 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 irapolitic violence.
A few days after this judgraent was rendered, a large
public meeting was convened,* and an address to the peo
ple of the state was passed. This addi-ess,f after remark
ing on " the imraense ability and learning" of the argu
raent, exhorted the people, in their choice of senators, to
elect raen 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 theraselves," it stated, "to constitutional measures,
and disapproving aU others, they were free in sounding
the alarra. If their independence was worth contending
for against a powerful and enraged raonarch, and at the
expense of the best blood of Araerica, 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 asserabled soon after this meeting.
Without waiting the result of an appeal, which the consti
tution secured, this decision, raade in due form oflaw, and
with unirapeached fairness, was brought before the assem
bly. Resolutions were passed, declaring it to be subversive
* Sept. 13th, 1784.
t It is related to have been from the pen of Melancton Smith.

HAMILTON. 255
of aU law and good order, and the council of appointment
were recommended at their next session, "to appoint such
persons mayor and recorder of New- York, as wiU gov
ern themselves by the known law of the land."
The abihty displayed by Harailton on these occasions,
his liberal views and distinguished probity, gathered around
him the enthusiastic confidence and affection of the better
part of his feUow-citizens ; and at a time when the judicial
character of the state was to be forraed, and, from the dis
turbed situation of the coraraunity, professional trusts were
of the most important and extensive influence, he was fore
most 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 disposi
tion to question, the decisions of the courts. In the politi
cal speculations to which the revolution had given rise,
the sovereignty of the popular wiU, which was recognised
as the basis of every proceeding, was pushed to the utmost
extremes in its application ; and wherever the operations
of the laws bore hard, in the then unsettied 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 prevaiUng tendency of
public 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 en
forcing justice, acquired the dangerous, disorganizing, and
formidable character of an intestine party.
The laxity of the national faith, as it sprung from, also

256 THE LIFE OF
confirmed this distinction. Tbe loose opinions which had
graduaUy 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 class
es of creditors, whose situation, though totally different,
it was sought to confound, — those of British merchants,
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 con
flict ; the enorraities coraraitted by the refugees, when the
scale of war seemed to incline in their favour, or where
they could continue their molestations vrith impunity ; the
harassing inroads and depredations which they had made
on private property, and on the persons of non-combatants,
and the harsh and cruel councils of which they were too
often the authors, appeared to the people at large to sanc
tion every species of retahation, and to place the tories be
yond the pale of humanity.
This was merely the popular feeling. Both the govern
raents of the United States, and of the indiridual states,
with few exceptions, resisted these atterapts, and sought
to instil a spirit of raoderation and forbearance, becom
ing the victorious party. In the progress of the conflict,
and particularly in its earliest periods, attainder and confis
cation had been resorted to generaUy, throughout the conti
nent, as a raeans of war. But it is a fact iraportant to the
history of the revolting colonies, that the acts prescribing
penalties, usually offered to the persons against whom they

HAMILTON. 25i
were directed the option of avoiding them, by acknow
ledging their allegiance to the existing governments.
It was a preventive, not a vindictive pohcy. 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 noh-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,f " That
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, liberty, and property on
their success ; vicious citizens who side with tyranny and
oppression, or cloak themselves under the mask of neu
trality, should at least hazard their property, and not enjoy
the labours and dangers of those whose destruction they
wished. And it was unaniraously declared, that aU deraands
and requests of the British court for the restitution of pro
perty confiscated by this state, being neither supported by
law, equity, or pohcy, are whoUy inadmissible ; and that
our delegates be instructed to move congress that they
may direct their delegates, who shaU represent these states
in a general congress for adjusting a peace or truce, nei
ther to agree to any such restitution, or submit that the
laws made by any independent state of this union, be

* Almon's -Remembrances, p. 92, v. 10, 2d part.
t December 17th, 1782. 33

258 THE LIPE OP
subject to the adjudication of any power or powers on
earth." A proclamation was subsequentiy issued by its governor,
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 impoHcy,
injustice, and oppression of paying British debts !"
In Massachusetts, a coraraittee ofthe legislature of which
Samuel Adaras was chairraan reported that no person
who had borne arras against the United States, or lent
money to the eneray to carry on the war, should ever be
permitted to return to the state.* Resolutions of an intem
perate character were also brought forward at public
meetings in MJaryland ; and a biU containing many objec
tionable features was introduced in the popular branch of
its legislature, but it was resisted with great eloquence, ad
mirable sense, and unyielding firraness in the senate by
two respected individuals, Charles CarroU and Robert
Goldsborough, and was essentially raodified.
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 the importance of individual exertions. The
first act of hostiUty 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,"
* Report on the fUes of the general court of Massachusetts, March 16th,
1784.

HAMILTON. 259
early in the warfare, were soon foUowed by the establish
ment of a board of comraissioners of sequestration. An
institution which, though at first confided to safe hands,
was unavoidably intrusted with powers that naturaUy lead
to abuse, and ultunately becarae the organ of many harsh
and oppressive proceedings.
Civil discord striking at the root of each social relation,
furnished pretexts for the indulgence of raalignant 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. i
The frequency of abuse, created a party interested both
in its continuance and exeraption frora punishment, which
at last became so strong, that it rendered the legislature
of the state subservient to its views, and induced the en-,
actment of laws attainting alraost every individual whose
connections subjected hira to suspicion, who had been
quiescent, or whose possessions were large enough to pro
mise a reward to tbis criminal cupidity.
> It must not be supposed that these attempts were unre
sisted. On the contrary, those who were raost 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 migbt with rauch plausibUity
have thus reimbursed themselves — offered a steady resist
ance 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 number
of the attainted the naraes of those whose proscription
threatened to affect the personal interest of the most vio
lent, 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, tumult-

260 THE LIFE OP
uous meetings were convened under the thus disgraced
narae of " the sons of liberty," to denounce the tories, to
menace thera from returning to claira their estates, and to
remonstrate with the legislature against measures that
could affect titles by confiscation.
The circumstances under wbich the election in the city
of New- York was held, bespeak the character of the now
dominant party. A councU had been created for the
teraporary governraent of the southern district of the
state, who were directed to irapose a prescribed oath to
its electors — an oath that they had not been guilty of any
past offences. In reference to this retrospective inquisi
tion into the consciences of raen, Hamilton remarked — " 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 foreraost in the estiraation of the law. It
is that right by which we exist a free people ; and it cer
tainly, therefore, will never be admitted, that less ceremo
ny ought to be used in divesting any citizen of that right,
than in depriving hira of his property. Such a doctrine
would ill suit the principles of the revolution, which taught
the inhabitants of this country to risk their lives and for
tunes in asserting their liberty ; or, in other words, their
right to a share in the governraent. That portion of the
sovereignty to which each individual is entitled, can never
be too highly prized. It is that for which we have fought
and bled ; and we should cautiously guard against any
precedents, however they raay be iraraediately directed
against those we hate, which raay in their consequences
render our title to this great privilege precarious."
These considerations were disregarded, and this oath
was prescribed. The election was thus in the hands of a
few violent persons, together with those who were tempt
ed, by this bribe, to perjury.

HAMILTON. 261
As a consequence, the representation was composed of
men of a similar character — the most conspicuous of whom
was Aaron Burr — men chosen by an infuriate populace,
in the midst of a disturbed and overawed city.
The proscribed petitioned for perraission to return to
their residences. This was a raoraent which raagnanimity
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 sympathize in the calaraities
which have reduced so raany of our virtuous fellow-citi
zens to want and distress, and are anxiously soUcitousj to
repair the wastes and raisfortunes we lament," we cannot
hsten to these petitions. They were rejected, and a bill
respecting alienism was passed, which was negatived, on
great public principles, by the councU of revision.
Two days after the vote on the recent adjudication as to
the treaty, resolutions passed the assembly, caUing on the
governors of the states to interchange lists of the persons
who had been banished, in order, as was professed, that the
principles of the federal union might be adhered to and
preserved. They were followed by others declaring that
the rules of justice did not require — and that public tran
quiUity would not permit — that attainted adherents should
be restored to the rights of citizens.
A bill was then introduced, under the specious title of
" An act to preserve the freedora and independence of the
state," disfranchising all persons who had voluntarily re
mained in those parts of the state which had been occu
pied by the British, and adjudging them guilty of raispris
ion of treason without trial, hi direct contravention of the
treaty. This bill was also rejected by the revisionary

262 THE LIFE OP
councU ; one of the reasons assigned being, that hs opera
tions would be so extensive, that in raost places of the ob
noxious district it would be difficult, and in raany impos
sible, to find men to fiU the necessary offices even for con
ducting elections, until a new set of inhabitants could be
procured !
A resolution was also introduced, that, notwithstanding
the recommendations of congress, they could not comply
with the fifth article of the treaty. At the same time an
act to repeal the laws inconsistent with it, was rejected by
North Carolina.
It wiU 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
moraents of exciteraent to violate the admitted maxims of
public law, to disregard the raost sacred obUgations, and
to encroach upon and underraine 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
governraent can alone give.
To show the extent to which the rapacious spirit ofthe
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 frora the British government for
the propagation of the gospel in foreign parts," in which
Ught the British colonies and plantations were regarded in
that charter — notwithstanding the fifth and sixth articles

HAMILTON. 263
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 becorae the object of resentment and confisca
tion. This purpose called forth the indignant and deter
mined opposition of HaraUton. He contended that a re
gard to honour, justice, and huraanity, 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 ihat
especially in an hour of profound tranquiUity. 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 raaxira of the law of nations, which
is a part of the law of the land, that every such treaty
virtually iraplies an aranesty for every thing done du
ring the war, even by an active eneray, that the rights
of this society were therefore 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, uncontroUable 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 soleran raockery."
However desirable it raay have appeared to the mag
nanimous part of the community to bury their resentments
from motives of benevolence, it becarae 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 eflfect of popular violence,
though steadily resisted by the American courts, was seen
strongly operative in the councils of Great Britain. The

264 THE LIPE OF
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 recomraendations of con
gress were wholly disregarded, England raade 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. Harailton, 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 corae forward as a mediator between the
passions and the true interests of tbe people. With this
view, in the winter of seventeen hundred and eighty-four,
he addressed a paraphlet " to the considerate cUizens 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 tirae when the author
says " he has raore inchnation 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 wiUing 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 raischief, practising upon the passions of the
people, and propagating the raost inflammatory and perni
cious doctrines."
The persons alluded to, he says, " pretend to appeal to
the spirit of whigisra, while they endeavour to put in mo
tion aU the furious and dark passions of the human mind.
The spirit of whigisra is generous, huraane, beneficent, and

HAMILTON. 265
just. These men inculcate revenge, cruelty, persecution,
and perfidy. The spirit of whigisra 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 corabinations of unauthorized
individuals ; while these men are the advocates for expeUing
a large number of their feUow-citizens unheard, untried ;
or, i£ they cannot effect this, are for disfranchising them in
the face of the constitution, without the judgraent 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 comraon," Hamilton observed, " than for a free people,
in times of heat and violence, to gratify moraentary pas
sions, by letting into the governraent principles and prece
dents which afterwards prove fatal to theraselves. 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 nuraber of citizens at
pleasure by general descriptions, it may soon confine aU
the votes to a small number of partisans, and establish 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 prevaUing fac
tion. The narae of liberty appUed 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
34

266 THE LIFE OP
the eflfects of their folly in the overgrowm power of the new
family. " Some imprudent whigs araong 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 tbe rights of the coramunity.
" Let the people beware of such counseUors. 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 frora the true principles of universal liberty."
The profligacy 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 frora doing by due course
of law ? This would be to imitate the Roman general,
who, having proraised Antiochus to restore half his vessels,
caused thera to be sawed in two before their dehvery ; or
the Platseae, who having proraised the Thebans to restore
their prisoners, had them first put to death, and retumed
thera dead. Such fraudulent subterfuges are justly con
sidered raore odious than an open and avowed violation of
treaty." The supreraacy of congress on this subject, the dangers
to resuh frora the retaUatory acts of England by retain
ing the posts, and an exclusion from the fisheries, and the
unpolicy of measures which keep alive in the bosom of
society the seeds of perpetual discord, are forcibly painted.
Motives of private advantage had been artfuUy held out
to enlist the support of the artisans, by assuring them tbat
to admit the tories would induce an injurious competition.'

HAMILTON. 267
To this argument he rephed, " There is a certain proportion
or level in aU the departments of industry. It is foUy to
think to raise any of them and keep thera 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 comraerce to give it actirity and circula
tion. All atterapts at profit, through the raedium of
monopoly or violence, wiU be as faUacious 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 stiU the best poUcy,
that justice and moderation are the surest supports of every
government, are maxims which, however they may be
called trite, are at aU times true ; though too seldom re
garded, but rarely neglected vrith impunity."
The pamphlet closes with the foUowing emphatic ap
peal : —
" Were the people of America with one voice to ask —
What shaU 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 dirainution or loss.
But if you raake a wanton use of it, if you fumish another
example, that despotism may debase tbe govemment of
the many as weU as of the few, you, Uke aU others that
have acted the same part, wiU experience that licentious
ness is the forerunner of slavery.
"How vrise was that pohcy of Augustus, who, after con
quering his enemies, when the papers of Brutus were
brought to him, which would have disclosed aU his secret

268 THE LIFE OP
associates, immediately ordered them to be burnt! 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, feU 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 deUvered to you m
the frankness of conscious integrity, by one -who 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 eraoluraents of his
country ; by one who has had too deep a share in the
common exertions of this revolution, to be vrilhng 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 tbe course of the revolu
tion a very confidential share in the public councUs, civil
and mihtary, and has as often, at least, met danger in the
coraraon cause as any of those who now assume to be the
guardians of the public liberty, asks no other reward of
his countryraen, than to be heard vrithout prejudice, for
their ovra interest."
Soon after the publication of this pamphlet, which was
extensively read in the United States and repubhshed in
London, various replies appeared, with the signatures of
Gustavus, Anti-Phocionite, and others.
One raore 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

HAMILTON. 269
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 aniraadversion had been indulged in his forraer reraarks,
was raanifestly 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 attachraent to the pubhc 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 equaUy dif
ficult for one who, in questions that affect the coraraunity,
regards principles only and not raen, 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 era-
braced within their corapass the principles of bis argu
ment, and having disproved by a complete and precise
demonstration those of his opponents, he descanted with
much force on thfe 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 reraarked, " is bounded, with respect to
those who were included in the corapact by its original
conditions; only in admitting strangers, it may add new

270 THE LIFE OP
ones. The rights too of a repubUcan government are t6
be modified and regulated by tbe principles of such a gov
ernment. These principles dictate that no man shaU lose
his rights, without a hearing and conviction before the
proper tribunal ; that previous to bis disfranchisement, he
shall have the full benefit of the laws to make his defence;
and that his innocence shall be presumed tUl his guilt has
been proved. These, with many other maxiras never to
be forgotten in any but tyrannical governments, oppose
the airas of those who quarrel with the principles o£ Pho
cion." " Among the extravagances," he observed, " with which
these prolific tiraes abound, we hear it often said that the
constitution being the creature of the people, their sense
with respect to any raeasure, if it even stand in opposition
to the constitution, wiU sanctify and raake 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 raore than one raan can refuse to perfoi'm his
agreement with another.
" If the coraraunity have good reasons for abrogating the
old compact, and estabhshing a new one, it undoubtedly
has a right to do it ; but untU the compact is dissolved
with the same solemnity and certainty vrith which it was
made, the society as well as individuals are bound by it.
" All the authority of the legislature is delegated to them

HAMILTON. 271
tmder 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 raay 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 thera 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 underraine
all those rules by which individuals can know their duties
and their rights, and to convert the government into a
governraent of wiU, not of laws."
Thcdanger 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 comraons — the nation execrating the
king, ministers, lords, and comraons ; 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 raore solid. It is an
axiom that governments form manners, as weU 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 nuraber to give a different tone to that spirit. The
present law of inheritance, making an equal division among
the children of the parents property, wiU soon raelt down
those great estates, which, if they continued, might favour
the power of the few. The number of the disaflfected.

272 THE LIFE OP
who are so from speculative notions of government, is
smaU, 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 influence are already gone. The residue
and their adherents raust be carried along by the torrent,
and with very few exceptions, if the governraent is mild
and just, wiU soon corae to view it with approbation and
attachraent. There is a bigotry in politics, 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 principaUy instrumental in the revolution, are the
most opposed to persecuting raeasures. Were it proper, I
might trace the truth of this reraark, frora 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 railitary line have borne a distin
guished part."
Hamilton's great characteristics were firraness and gen
tleness. His spirit was as bold as it was sympathizing.
He hated oppression in aU its forras, and reristed it in
every shape. Governed by the highest principles, with
thera his lofty nature would adrait no coraproraise ; 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 raen 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 becorae the
invaders theraselves — to resist the encroachments of pow-

HAMILTON. 273
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 narae of patriots ? Are they not rather to be
branded as men who raake their passions, prejudices, and
interests the sole measure of their own and others' rights ?
The history of mankind is too fuU of these melancholy
contradictions." He closed with the foUowing impressive observations : —
" Those who are at present intrusted with power in all
these infant republics, hold the most sacred deposit that
ever was confided to huraan hands. It is with govern
ments as with individuals, first irapressions and early hab
its give a lasting bias to the temper and character. Our gov
ernments hitherto have no habits. How iraportant to the
happiness, not of Araerica alone, but of mankind, that they
should acquire good ones ! If we set out with justice, raod
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 coraraunity. If, on the
contrary, the public councils arie guided by huraour, pas
sion, and prejudice — if, from resentment to individuals or
a dread of partial inconveniences, the constitution is sUght
ed or explained away upon every frivolous pretext — the
future spirit of government wiU be feeble, distracted, and
arbitrary. The rights of the subject wUl be the sport of
every vicissitude. There wiU be no settled rule of con
duct, but every thing will fluctuate with the alternate
[I prevalency of contending factions.
ji ' " 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 huraan 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-
35

274 THE LIPE OT
ery where, 'Who is this tyrant, that dares to build his
greatness on our misery and degradation ? What com
mission has he to sacrifice milUons to the wanton appetites
of hiraself and the few rainions that surround his throne?'
" To ripen inquiry into action, it reraains for us to justify
the revolution by its fruits. Ifthe consequences prove that
we have really asserted the cause of human happiness,
what raay not be expected frora so Ulustrious an example?
In a greater or less degree, the world wiU bless and imi
tate. " But if experience, in this instance, verifies the lesson
long taught by the enemies of liberty — that the bulk of
mankind are not fit to govern theraselves — that they must
have a master, and were only raade for the rein and the
spur — we shall then see the final triuraph of despotism
over liberty. Tbe advocates of the latter raust 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
raoment, and contemplate with an eye of reverence the
vast trust comraitted to thera. Let thera retire into their
own bosoras and examine the motives which there prevail.
Let them ask themselves this soleran 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 arguraents that have been offered with dispas
sionate candour, and if they even doubt the propriety of
the raeasures they raay 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 aU the allegations
that HamUton was the friend of arbitrary government —
this appeal to the better sense of the people prevailed.

HAMILTON. 275
'* 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." A bill was then depending before the assem
bly for putting various descriptions of persons out of the
protection of the law, which Harailton characterized "as
an attempt to transfer the sceptre from the hands of gov-^
ernment to those of individuals — to arm one part of the
community against another — to enact a civil war." This
biU was now abandoned, and the happiest effects were pro
duced. 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 alarra and discontent, the reflecting part of the
public admitted that their wealth would be subservient
to the interests of the coraraunity, 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 graduaUy subsided,
and the general sense of the country settled down in favour
of the policy Harailton had supported.*
The spirit of plunder, originating with the violent and
unprincipled, disappointed in its airas, 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, which 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 Reco!.'
lections.

276 THELIFEOF
triumph, he was marked as the object of incessant calum
ny. The sense of defeat, rankhng in the breasts of the
persecuting demagogues, united with other passions, and
with the facility wUh which vicious sentiments usuaUy as
sociate, soon grew into an unscrupulous and unrelenting
hostiUty. But this feeUng did not extend far. In aU civiUzed so
cieties the greater part are quiescent, and, as Hamilton
observed, " were either for liberal or moderate raeasures,
or, at raost, for sorae legislative discrirainations ; a few only
were very violent ; the most heated were the warm adhe
rents of the governor, and the objects of bis peculiar pa
tronage." They were rewarded for their intolerance —
HamUton was proscribed for his cleraency.
Of the personal aniraosity which his opposition to demo
cratic tyranny had awakened, a painful instance is related.
There existed at this tirae an evening club, composed of
persons conspicuous in the prosecution of these attainders,
some of whora had written in opposition to " Phocion," and
who felt theraselves the deserved objects of its just denun
ciations. Early in an evening of this raeeting, it was proposed that
Harailton should be chaUenged, and in case the first chal
lenger should faU, that others should chaUenge hira 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
casuaUy addressed as Mentor. He instantiy arose, and
taking him by the hand, exclaimed, " Then you, my dear

HAMILTON. 277
sir, are the friend who saved my hfe." Ledyard repUed,
" That, you know, you once did for me."
Of his professional efforts at this tirae, the traces araong
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 embeUished the infancy
of our republic, are rare and imperfect.
The recollections of a youthful contemporary* remark
Hamilton's " clear, elegant, and fluent style, and coraraand
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 frora his preraises. Law was always
treated by him as a science founded on established 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 iraportant trial of
this period, they state — " Harailton,'by raeans of his fine melo
dious voice and dignified deportraent, his reasoning powers
and persuasive address, soared above all corapetition ; his
pre-eminence was at once universaUy conceded."f
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

* ChanceUor 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 patents.
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 aUusions.
Some ghosts, fairies, elves, hobgobUns, and a quantum sufficit tof eloquence."

278 THE LIFE OP
harvest, that he had scarcely a moraent to spare from the
substantial business of reaping."
But his mind was never whoUy withdrawn from an at
tention to the welfare ofhis feUow-citizens, The important
benefits which he had anticipated frora an extensive system
of banking, on its true principles, have been shown at an
early period of his life.
Could he have succeeded in estabhshing a weU-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 estabhshraent of a bank in New-
York. While this was in conteraplation, 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," Harailton observes in a letter to
his friend, " not only with a view to your project, but for
the sake of the coraraercial interests of the state, to start
an opposition to this scherae, and took occasion to point
out its absurdity and inconvenience to sorae of the most
inteUigent, raerchants, who presently saw matters in a pro
per Ught, 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 phUosopher's stone, that it was to
turn aU 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

HAMILTON. 279
convince the projectors themselves of the impracticabiUty
of their scheme, and to countervail the irapressions 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 miUion of dollars were subscribed.
The constitution of the Bank of New- York, fraraed by
Hamilton, was adopted, and he was chosen one of its direc
tors, was chairman of the coraraittee to prepare its by
laws, and was occupied in devising a raode 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 Ut
tle of its infant condition, who cannot trace to these insti
tutions the most important public benefits.
Conteraporaneously with thera raay be remarked the in
troduction of those habits of punctuality, which, by giving
j stability to domestic, and, as a consequence, to foreign
;Credit, were highly instruraental in raising the character
of the nation and advancing its coraraercial prosperity.
And in the sarae degree in which can be seen the early
introduction into the different states of an enlightened
system of banking on coraraercial principles, in the sarae
fiTatio the relative advances of those states may be traced.
A letter frora La Fayette of this period invites attention

* February 26, 1784.
+ 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 feU 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.

280 THE LIPE OF
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 seeras to be worded in such a way as to
give no offence to the raoderate raen 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 raove, in your
own narae, for ray being admitted on the list."
This association, eraanating "frora 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 chairraan, to devise
a system for effecting its objects.
Believing that the influence of such an exaraple would
be auspicious, he proposed a resolution that every mem
ber of the society should manurait his own slaves.
He never owned a slave ; but on the contrary, having
learned that a domestic whora he had hired was about to
be sold by her raaster, he iraraediately purchased her free
dora. Others found the theory of huraanity lighter than the
practice. This resolution was debated and deferred.
Disgusted with the pretensions of persons who were un
wiUing to raake so sraall a sacrifice, he discontinued his
attendance at these raeetings.
The condition of New- York at this tirae is summarily
shown in a letter from him to a friend. " Discrknination
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 tune."
WhUe the sphere of his political usefulness was limited
by such counsels, Harailton kept aloof frora party contests
with the secondary men, who succeeded to the great ac-

HAMILTON. 281
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 teraple to tirae, to see what would be
the event of the American drama." 36

282 THE LIFE OP

CHAPTER XX.
[1783.]
The narrative of Hamilton's past life has shown the
failure of the iraperfect union of the states either " to pro
vide" prospectively "for the common defence," or "to
establish justice."
It is believed to be necessary to a correct riew of his
future life also to show, though by a digression from his
iraraediate personal history, its utter incorapetency "to pro
raote the general welfare" by the protection of the national
industry, or " to ensure doraestic tranquillity;" thus failing,in
every essential particular, " to secure" to the Araerican peo
ple " the blessings of liberty."
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
coraraercial. 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 circurastances. 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
proposed to France, but relinquished, and that of the " most
favoured 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-

HAMILTON. 283
ade, and securing to the people of either country " an en
tire and perfect liberty of conscience."
But what should be the terras of intercourse whh Great
Britain, was the raost interesting question.
Soon after Oswald had received his coraraission recog
nising this country as an independent nation. Jay prepared
the plan of a treaty of comraerce, which he subraitted to
him. This plan proposed that it should be on the footing
of " natives." The proposition being announced to con
gress by Frankhn, was referred.
Instructions were reported,* that " in any coraraercial
stipulations with Great Britain," the coraraissioners were
" to endeavour to obtain a direct coraraerce with all parts
of the British dominions and possessions, in like manner as
aU 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
thera of the revocation of his forraer powers, he urged the
appointraent of a resident rainister 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 American foreign minister gene-

* By Madison.
t " In the first place, he should have had an education m classical learn
ing, and in the knowledge of general history, ancient and modem, and par.
ticularly the history of France, England, HoUand, and America. He should
be weU versed in the principles of ethics, of the law of nature and nations,
of legislation and govemment, of the civU Roman law, of the laws of Eng
land and the United States, of the pubUe law of Europe, and in the letters.

284 THE LIFE or
raUy, and above all, to the court of St. James." This re
markable despatch was referred to a committee of which
HamUton was chairman. His views on this subject had
memoirs, and histories of those great raen 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 frora expe
rience in business. He should be active, attentive, and industrious, and
above aU, 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 wiU any great thing ever be
effected by such accomplishments alone. A man must have something in his
head to say before lie can speak to effect, how ready soever he may be at utter
ance. And if the knowledge is in his bead and the virtue in his heart, he will
never fail to find a way of communicating his sentiments to good purpose.
He will always have exceUent translators ready, if he wants them, to turn
his thoughts into any language he desires.
" As to what is caUed a fine address, it is seldom attended to after a iirst
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 the business, and that
of an ambassador *»»*»* .' This decision produced a laugh
among the company, and no ideas of the kind wUl 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 weU placed, or an intrigue * • * »
* * . But it is equally true, that a man's country wiU be sold and be.
trayed a thousand times by this infamous commerce, where it wiU be once
served. It is very certain that we shall never be a match for European
statesmen in such accomplishments for negotiation, any raore than, I must
and wiU add, they wUl equal us in any solid abiUties, virtues, and appUcation
to business, if we choose wisely among the exceUent characters with whicli
our country abounds." — 7 D. C. 21.

HAMILTON. 285
long been formed ; he was of the opinion that it ought to
be "the basis of our commercial systera not to make
particular sacrifices, nor to expect particular favours."
Though the advocate of a reciprocal freedora of com
merce, it has been seen that he was fuUy sensible of the
jmportance 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 erapowered with
him, or either of them in the absence of the others, " to en
ter into a treaty of comraerce between the United States
of Araerica and Great Britain, subject to the revisal of the
contracting parties previous to its final conclusion ; and in
the raean tirae, 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 coraraerce, and instructions to be
transmitted to the commissioners.
This plan proposed a direct comraerce with Great Brit
ain, except as to such articles, the iraportation 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.

286 THE LIFE OP
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, aUowing a sirailar compensation. In neither
country were the citizens or subjects of the other to be
regarded as aliens, except as to an exeraption frora military
duty. The plan* being referred on the nineteenth of June,
instructions were reported to accompany it. They strong
ly urged the articles as to a free comraerce, on the ground
that the iraraunities offered to British subjects, particu
larly those perraitted 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 terras could not be obtained, others as similar to
them as possible were to be obtained, and they were di
rected " to bear in raind 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 ;
tliirdly, a right of carrying from the West Indies to aU other parts of the
world. As the price of these advantages, it is proposed that we shaU admit
British subjects to equal privUeges with our own citizens. As to the first
object, it may be observed, that the bill lately brought into the BriUsh par-
liameirt, renders it probable that it may be obtained without such a cession ,
as to the second, that it concerns the eastern states chiefiy; and that as to the
third, that it concerns them alone. 'WhUst the privUege to be conceded, wiU
chiefly, if not alone, affect the southem states. The interest of these, seems
to require that they should retain, at least the faculty of giving any encour
agement to their own merchant-ships or mariners, which may be necessary
to prevent a relapse under Scotch monopoly, or to acquire a maritune im
portance. The eastern states need no such precaution."— Madison Papers,
vol. 1, p. 531.

HAMILTON. 287
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 raanufacture 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 untU approved by congress, but a conven
tion on these principles might be entered into, to endure
one year.
The expediency of making an adraission to the West
India raarket an indispensable condition, was doubted.
It was StiU " 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, raade in seventeen hundred and seventy-five, they de
clared, " We cheerfully consent to such acts of the British
parliament as shaU be restrained to the regulation of our
external comraerce, 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 unwiUing to interpose
* Montesquieu, liv. 91, cap. 17.

288 TIIELIFEOF
so serious an impediment to a treaty, and, on the part of
gome, to recognise the policy that America was to continue
a raerely agricultural nation, this resolution was postponed.
In the ensuing raonth,* 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 adraission 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 — StiU clinging to the hope of recovering
their popularity, by soothing the pride of the nation, and
obedient to the prejudices of, the raonarch — 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 phUanthropy,
took a different view.
He contended that it became the British government to
tender an absolute, unconditional acknowledgraent of inde
pendence in the first instance, as a measure not less due to
her national character, than prompted by her best interests.
Sirailar difference of opinion existed as to the policy which
ought to govern the commercial relations of the two coun
tries. The advocates of unconditional terms, as soon as
the provisional treaty was completed, proposed in parlia
ment to repeal all the existing prohibitory acts, and recom
mended an open trade with the United States. On the
third of March, seventeen hundred and eighty-three, a bill
was presented by Pitt, who had just commenced his dis
tinguished career, fraraed " on the raost enlarged princi
ples of reciprocal benefit," to operate until a treaty should
* July 21, 1783.

HAMILTON. 289
be formed. This bill would have placed the Araerican
commerce, both in the direct and colonial trade, on the
same terms with that of England. These liberal views
were also approved by a large party of the merchants.
But the biU was opposed, in every stage of it, by the navi
gating interest, as an infraction of existing treaties ; as a
violation of the policy of the navigation act, which, it was
contended, by the terras of the settleraent with Ireland,
would have been wholly repealed, as respected that king
dom, if repealed in ahy particular affecting England ; as a
measure unequal in its operation on dififerent parts of the
empire, and not warranted by the spirit of the treaty be
tween the United States and France. It was the appeal
of established opinions to national prejudices; an appeal
rarely unsuccessful. Great diversity of opinion also arose
as to the extent to which it would be prudent to open the
commerce of the West Indies, and whUe the discussion was
pending, a coalition was formed between North and Fox.
They succeeded to power ; the influence of the king pre
dominated ; Pitt's bill failed, and the crown was authorized
to make teraporary regulations.
The policy of these regulations was obviously to monopo
lize 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 smaU 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.
The course of the negotiations on the part of England
partook of the fluctuations in her councils. Not long
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
si

290 THE LIFE OF
sioned. A proposition* for a teraporary convention, autho
rizing a rautual intercourse on the footing of " natives," was
made on behalf of this country. England declined assent
ing to it. Hartley then offered to place the trade of the
two countries on the sarae basis as that upon which it had
existed before tbe war ; but excluding Araerican citizens
frora a direct intercourse between the British West Indies
and the raother country. This also proved to be unautho
rized, and no further instructions were given.
The British rainistry, acting on the power of regulation
recently conferred upon them, issued two proclamations ;
the first of which restrained the iraportation 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 ;f and the other, in
eflfect, absolutely prohibited Araerican vessels or citizens
from trading to the British colonies. Convinced that no
advantage could be derived frora longer delay, the defini
tive treaty of peace, which was a copy of the provisional
articles, was signed on the third of Septeraber, seventeen
hundred and eighty-three.
Soon after this event, copies of the recent proclamations
were received by congress from their rainisters, who an
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 principle on which these negotiations should
be comraenced. 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

* The article submitted by Jay proposed to exclude the importation of slaves.
t Several staples of the United States were also excluded, even in British
bottoms.

HAMILTON. 291
existing treaties. The report of June, as to the terras of a
treaty with Great Britain, was thus superseded.
These resolutions passed on the twenty-ninth of Octo
ber, seventeen hundred and eighty-three.
On the third of Noveraber a new congress raet at
Princeton, when seven states being represented, a president
was chosen. After a session of two days, it adjourned to
meet at AnnapoUs, on the twenty-sixth day of the same
month ; but a quorum was not forraed until the thirteenth
of Deceraber, on which day nine states were represented.
From the same cause, so rapidly had that body declined in
the public estimation, notwithstanding a call upon the
states urging the necessity of ratifying the definitive trea
ty, a full meeting was not had until the fourteenth of Jan
uary, when that treaty was unaniraously ratified, and a
resolution was adopted recoraraending the restitution of
confiscated property.
A provision for the interest on a part of the debt was
brought under consideration on the foUowing day, by a
meraorial 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 hnes, of the hardships
incurred by thera frora being paid in depreciated paper,
was soon after made to congress, and directions were giv
en to the superintendent of finance, to pay them such
sums, on account of their pay, as would relieve them from
their embarrassraents, and enable thera to return to
Europe. With the exception of the acceptance frora
Virginia of a cession of her western territory,* nothing
* The deed of cession contained this provision — " That aU the lands with
in the territory so ceded to the United States, and not reserved for, or appro
priated to any ofthe before mentioned purposes, or disposed of in bounties to
the officers and soldiers of the American array, shaU he considered as a com.
mon fund, for the use and benefit of such of the United States, as have be-,

292 THE LIFE OF
of moment, owing to the continued remissness of the dele
gates, was done until the month of April, when the grand
coraraittee, 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,
of five raUlions 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 raeasures 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 Ucense 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 payraent of these
quotas had been uncoraraunicated 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 irapost, the result was
arrived at, that a surplus reinained exceeding five and a
half raillions of dollars, which surplus it was proposed to
apply to the existing deraands ; in order to prevent any
new requisitions, not a sum equivalent to these demands,

come or shall become members of the confederation or federal aUiance of tlie
said states, "Virginia inclusive, according to their several respective propor
tions in the general charge and e.xpenditure, and shaU be faithfuUy and borm
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.

HAMILTON. 293
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 rauch 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 deraands 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 miUions. To give further facilities
to the states, it was proposed, that one half of this sura should
be called for in raoney ; that the other raoiety, being the
interest on the doraestic debt, should be raet by discounts
of interest with the domestic creditors, for which, trans
ferable certificates were to be issued, receivable in Ueu 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 coUected from three-fourths to one
half of the original sum, which, though defeated on the
first vote, prevailed afte- protracted and frequent de
bates. This report was ultimately adopted ; and although it had
admitted that nearly five miUions and a half were neces
sary for the current service, the amount required by it
was reduced to a httle more than two and a half raillions
of dollars, a measure that left a large sura of interest un
provided for, which was raised by the succeeding con
gress. This was a coraplex affair. By preventing col-
hsions 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

294 THE LIFE OF
objects, than 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 bis powers were consigned to a new board of
treasury. WhUe this subject had in part occupied their attention,
a plant was discussed for the government of the western
territory, and principles were estabhshed on which, when
sufficientiy peopled, it should be formed into subdivisions,
to be adraitted as raerabers 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 wiU not call for further moneys until the
states have all paid up forraer deficiencies ; and they engage to credit ad
vances over the moiety of the eight mUlions of dollars 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 miUions 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
Uons, stands at the same sura as New-Hampshire. Revise the rule, and con>.
form it to justice, and South Carolina will stand at a Jarger sum, and other
states at a less. This is what I contend for ; and if it succeeds, we shaU
bring in South CaroUna. 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 coraply with the expectations of congress, in paying
a raoiety of the quotas of the eight raiUions last year required, and make a
new requisition for the moneys necessary for the present year, without refer
ence to former requisitions. It wiU be the occasion of confusion and intrica
cy, if every new requisition upon the states for money is to operate as a
balance-bill to aU preceding demands."
t Jefferson's plein, dated March 1st, 1784, proposed that each state shonld
comprehend two degrees of latitude, divided by north and south paraUels, and
that they should be named Sylvania, Michigania, Chersonesus, Assinipia,
Metropotamia, lUinoia, Saratoga, Washington, Polypotamia, PeUsipia, and
should become states as soon as each contained 40,000 souls.

HAMILTON. 295
port was from Jefferson, Chase, and HoweU. It is to be
remarked, that it erabodied 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 aU (but the southem states,) and by those
of Jefferson and Williamson, was expunged. This report
is a reraarkable 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 merabers of the confederacy,
and the determination of the conditions of such admission.
But it was an exercise of powers not delegated to the
confederation ! " AU this was done without the least col
our of constitutional authority ; yet no blarae was whisper
ed, no alarm sounded. The public interest, the necessity
of the case, imposed upon congress the task of overleaping
their constitutional authority."*
• It has been previously mentioned that Jefferson had re
paired to Philadelphia the preceding year, with a view to
his erabarcation as a joint coramissioner in the negotiation
at Paris. He was appointedf on motion of Madison, it
being suggested that a recent doraestic calaraity had
probably changed his sentiments with regard to public
life ; that " all the reasons for his original appointment still
existed, and had acquired additional force from the ira
probability that Laurens would actuaUy assist in the ne-
gotiation."J The intelligence from Europe led to a reso
lution, that he must " not proceed on his intended voyage
untU further instructions." Though he hoped there was
no prospect of his having any thing mpre to do than to
join in the celebration of peace, he remained near the seat
» Such was the charge, and such the defence. — FederaUst, No. 38, by
Madison. t November 12, 1782.
X February 14, 1783.

290 THE LIPE OF
of congress, " rauch agitated with the suspense* in which he
was held, until the first of April, when Hamilton reported,!
" that the object of his appointment was so far advanced as
to render his services no longer necessary."
A mission to Europe was still his favourite aim, and no
more certain raode of obtaining it offered, than a seat in
congress. The events of the last year had shown that every effort
to conclude a coraraercial treaty with Great Britain, had
been vain, and if France could have been previously in
duced to adopt a raore hberal 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 merabers, and untU time
and experience should have indicated what system of reg
ulations would best promote the perraanent interests of
the United States. But the recent overtures were to be
met, and when the field of arabition was so circumscribed
at home, nothing could be raore attractive than the position
of deterraining the foreign relations of this youthful em
pire ; nor more enchanting to a visionary raind, than the
attempt to overturn at once the prevailing raaxiras of Eu
ropean diploraacy, and to substitute an universal system of
* December 30, 1782.—" Mr. Jefferson arrived here on Friday last, and
is industriously arming himself for the field of negotiation. The commission
issued to Mr. Oswald irapresses him with a hope that he may have nothing to do
on his arrival, hut join in the celebration of victory and peace. Congress,
however, anxiously espouse the expediency of his hastening to his destina-
tion." March 11, 1783. — " Mr. Jefferson is stiU here, agitated, as you raay sup
pose, with the suspense in which he is kept. He is anxious as myself for
your going into the legislature." — Madison to Edmund Randolph, vol. 1,
495-514. t 'Vol. 1, No. 25, department of state.

HAMILTON. 297
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 iraposing 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 frora 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, raanu
factures, and merchandise, in their own bottoms to the
ports of the other, and thence to take the produce and raan
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 corapensation where
such nation does the sarae. " That with nations hold
ing possessions in America, a direct and sirailar inter
course be admitted between the United States and such
possessions ; or if that could not be obtained, a direct and
sirailar intercourse between the United States and certain
free ports within such possessions. If neither of these — ¦
perraission to bring, in their own bottoms, their produce
and raerchandise 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
38

298 THELIFEOF
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 ofthe federal constitution." Provis
ions that free ships should make free goods, defining articles
of contraband and the state of blockade, were also to be
raade ; with the additional stipulation, that a contraband
trade should not induce confiscation.
Security was also to be assured to persons foUowingi
the peaceful arts ; and a stipulation that private ships should
continue their trade free and unraolested during war, and
that privateers should not be eraployed, was proposed.
Aliens were to be excluded holding real estate within the
United States, as " utterly inadraissible by their several laws
and policy ;" but in case they did, it was not on their de-
raise to escheat, but raight be sold for the benefit of theu-
representatives. AU 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 tbe 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 raost favoured nation." This araendment
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 Araerican vessels by a difference of duties. If not
then raade, 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 m the negative. Negative—
New-Hampshire and New-Jersey. Divided — Rhode Island, New- York,
North and Soutb Carolina.

HAMILTON. 299
Har circumstances should render its exercise necessary.
Owing to these differences of opinion, it was raoved
to postpone acting upon this report until the disposition
and concurrence of the several state legislatures should be
ascertained, which, the raotion stated, "the constitution
renders highly prudent, if not indispensably necessary in
forraing coramercial treaties."
With this 'rfiotion 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 comraissioners had
been appointed to negotiate the treaty with England, thus
representing each iraportant section of the union. To
gain the benefit of this precedent, it had been proposed to
appoint two additional coraraissioners. 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 recoraraitted.
Another report had recently been raade proposing a re
duction of the civil list. It was next moved to postpone
these appointraents for the purpose of considering this
report. The division of states being equal, this raotion
was also lost,* The idea of two additional commission
ers was then abandoned, and it was moved to add one to
. the existing nuraber.
This proposal was resisted, and in lieu of it a declaratory
resolution was offered, " that the interests of the United
States do not require raore than three coraraissioners
plenipotentiary to be supported in Europe to negotiate
treaties of coramerce." 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. •

300 THE LIFE OF
on a proposal to reduce the salaries of these ministers,*
which prevailed. To prevent tbis 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 doUars.
Jefferson had recoraraended 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, retuming frora an attend
ance in caraps to the culture of their fields ; beginning to
sow, but not yet having reaped ; exhausted of necessaries
and habitual coraforts, and therefore needing new supphes
out of the first proceeds of their labour." He was also
of the coraraittee which had recoramended 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 comraissioner was viewed as proceeding solely
from a desire to bestow office on an individual, by a
body of which he was a raeraber, without any regard to
the condition of the country. It gave rise to rauch dissat
isfaction. At this moment a letter was received from
Franklin, announcing that Jay had determined to embark
for Araerica. The motive to an increase of the number
of the comraission now ceased, and the measure was aban
doned. The office of secretary of foreign affairs was vacant.
Jay, in his late mission, had confirraed the confidence of the
nation. His appointraent to that departraent would sat
isfy the public, and propitiate those who were offended
with this gross and glaring efifort to provide for a favour-
» From $11,000 to $8,000.

HAMILTON. 301
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 frora Virginia, was chosen to fiU the
vacancy in the coraraission.
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 terra 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 raera
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 raost impor
tant was, that these instructions should be considered as
supplementary to those of October, seventeen hundred and
eighty-three ; that where the comraissioners should be able
to form treaties on principles in tbeir 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, HoUand, 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 secretai-y of foreign afifairs.
These are to be regarded, not as exceptions to stipulations
» Report of Jay.— 2 D. C. 234.

302 THE LIFE OP
of the raost perfect equality and reciprocity in a particu
lar treaty with any one nation, where the interest of the
country raight dictate them, but as exceptions to the es
tablishment, at that time, of a general system of pohcy, ex
cluding aU discrirainations or prohibitions, however their
necessity raight be indicated by peculiar circurastances.
Jay thought that a systera for regulating the trade of the
United States should be framed and adopted before they
entered into further treaties of coraraerce. 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, frora those which should
regulate such an interchange between thera 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, aU or any of their productions and manufac
tures without exception, because it might be necessary to
prohibit the importation of sorae of thera, either to check
luxury, or to promote domestic manufactures.!

* " We abstained," Jefferson observed, " from making new proposiUons to
others having no colonies, because our commerce being an exchange of raw
for wrought materials, is a competent price for admission iuto 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.

HAMILTON. 303
But one other topic of moraent arrests attention in
the proceedings of this congress. It related to the garri
soning of the frontier posts. The hostihty evinced by
New- York to the eraployraent of continental troops for
that purpose, has been preriously raentioned. 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 frora an apprehension
of authorizing an individual state to raaintain an arraed
force. To avoid this alternative, propositions were raade
in congress for the enhstraent of a thousand raen, to protect
the coraraissioners recently appointed to hold treaties with
the Indians, and to defend the frontiers.
The fate of these propositions is indicative of the tera
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 biUs
of credit, that of raising standing armies ;" and it was de
terrained to discharge the few troops which had been
retained in the service of the United States. The stand
ing army was reduced to eighty raen. 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 Jefierson,
chosen from its own body a " committee of the states," now
adjourned. This committee continued in session, though without
efiecting any thing, untU the nineteenth of August, seven-

304 THE LIFE OF
teen hundred and eighty-four, when some of the members
withdrawing, without the consent of their colleagues, it
broke up, wUhout 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 Noveraber, of the sarae year, but a quo
rura was not forraed untU 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 pourt to adjudicate upon
the territorial controversy which existed between the
states of Massachusetts and New- York ; measures for the
adjustment of a simUar dispute between South Carolina
and Georgia ; the appointraent of coraraissioners to treat
with the southwestem 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 raade upon a matter of permanent impor
tance — the mode of disposing of the westem territory.
Much discussion on this subject had occurred during the
previous congresfe. An ordinance was now passed, " the re
sult of compromise, not such as was desired, produced by
the utmost efiforts of public arguraent 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 raade upon the states for three mil
lions of doUars, of which two-thirds were receivable m

* From a letter of WiUiam S. Johnson, a man of a probity and talent as
eminent, and views as comprehensive, as were tiiose of his distinguished fa
ther.

HAMILTON. 305
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 also made for the corapletion of the
measures for raising revenue, proposed in seventeen hun
dred and eighty-three, " as preferable to any other system,
and necessary to the establishraent of the public credit."
Jefferson meanwhile had proceeded to Paris, intent
upon his project " to emancipate comraerce." The joint
commission was opened with much soleranity on the thir
teenth of August, 1784, and soon after its powers were
announced to the different governraents of Europe — France,
Great Britain, Denraark, Germany, Prussia, Sweden,
Spain, Portugal, Russia, Saxony, the Sicilies, Sardinia,
Tuscany, Genoa, Venice, Morocco, Algiers, Tripoli, Tunis,
the sublime porte, and his holiness the Pope !
France received them with a sraile ; England silenced
the experiraent 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 sorae of the principles of the report, but insisted upon
reserving the right of prohibition and retaliation — rights
wbich the Araerican coraraissioners themselves claimed to
reserve in their negotiations vrith Tuscany ! The commis
sion, thus baffled in aU its expectations, ceased to act.*
The introduction of a new power into the great family
* Jefferson relates — " Denmark and Tuscany entered also into negotia.
tions with us ; other powers appearing indifferent, we did not think it pro
per to press them. The negotiations, begun with Denmark and Tuscany, we
protracted designedly, untU our powers had expired." — Jefferson's Works,
V. 1, p. 51. The details of this commission may be found in the six reports
to congress, with the accompanying correspondence. — ^2 D. C. 193 to 347.
39

306 THE LIPE OF
of nations, would seera to have been an event fraught with
the raost important and imraediate interest to the civilized
world, and an Araerican raight have hoped to have seen
her vast prospective greatness attracting the eyes of Eu
rope, and commanding aU 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 influence 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 atten
tion. Nothing is more obvious in all her policy than the
sagacity of her statesmen, who foresaw that the moment
her political influence over the confederacy ceased, every
other connection would become a minor consideration.
Hence her solicitude that all the American negotiations
should be conducted near her court. But England and
Spain were both unwilling that Paris should be the centre
of political action. Great Britain insisted as a previous
condition to any negotiation an erabassy to London, " as
more suitable to the dignity of either power." The Span
ish minister declared, that in matters between its crown
and any other power, " the custom of its court (the most
regular and systeraatic of all others) was to negotiate be
tween theraselves, without availing theraselves of a third
place." Franklin having resigned his seat in the commis
sion, Adaras, in consequence of these intimations, was ac
credited to the court of St. Jaraes ; Jefferson to that of
VersaiUes ; and Spain appointed a sort of intermediate
minister — a " plenipotentiary charge d'affaires," to reside
at the seat of congress.
While the force of habit forraed during her colonial
relations, similarity of language, laws, and manners, aU
attracted the American people to England, other causes

HAMILTON. 307
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 peculiar
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 ex
change ; while the coraraercial systera of France, yet in
its infancy, charged the objects of coraraerce with such a
multiplicity of duties, and those so oppressive as to deter
enterprise. The principal article of exchange was the
subject of a raonopoly, and charged with a duty to the
crown, of too rauch value to be relinquished by a needy
monarch.* On other articles accumulated duties were le
vied, and these were partitioned araong so raany recipients,
as placed it beyond the power of the financier to reduce
thera to one denoraination ; while the political influence
of the beneficiaries would not perrait them to be diminished
or suppressed. These were some of the erabarrassments
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 adraission of her manufactures into the United
States, they had nothing to offer in the shape of iraraunities
to open the sealed comraerce of her islands.f
Soon after his return to Europe, La Fayette, at whose

* Tobacco yielded twenty-eight miUions. It constituted one-thurd of the
whole exports of the United States prior to the revolution.
t CompeUed by necessity, France opened her colonial ports during the war,
but at its close, by an arret, 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 advalorem of one
per cent. A discriminatmg duty was also iraposed on salted beef and dried
fish, to form a fund for the encouragement of the French fisheries.

308 THE LIPE OP
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 coraraercial intercourse of the two
countries. The representations were renewed by Jeffer
son often and with rauch detail, but the progress of the
negotiation was slow — indicative of the altered temper
of Vergennes, frora 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 discriraination of duties was made
between natives and foreigners, becarae the subject of a
letter frora the preraier, which, after reproaching the
Araerican rainister with a disregard of reciprocity in our
navigation laws and coraraercial regulations, closed with a
threat, " that the king will be under the necessity, contrary
to his wishes, to faU upon such means as wiU 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 raerchants of the
United States did in France, and that the act of Massachu
setts " had deviated both frora the letter and spirit of the
treaty."! While the irapotence of the confederation thus
subjected it to the just reproach of a breach of faith to
wards their ally, it also gave rise to reclaraations for indi
vidual clairas, 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.

HAMILTON. 309
ments that foUowed 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, frora which provision foreigners were expressly ex
cluded by sorae of the states, were pointed out, and the
very ground on which the delay of justice was excused,
the inability to corapel the collection of taxes, gave rise to
the taunting inquiry, " Is there one, or are there eleven
republics ?"
It being a leading raaxira in Jefferson's politics " to mul
tiply the points of contact and connection" with France,
it wiU be seen, that he used every means to promote inter
course with a people whose habits, manners, tastes, and
morals he admired.
The insufficient 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 frora Jefferson 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 raerchants, to purchase the debt due frora the
United States to the crown of France ; giving for the said
debt, amounting to twenty-four miUions of Uvres, the sum
of twenty miUions of livres. That inforraation of this
proposition has been given to hira by the agent of the
said corapany, 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

310 THE LIFE OF
of the public payments not being punctual, whether it might
not be 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 sura of raoney 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 foUovring.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 rainister 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
tirae to' lose, as the necessities of the minister, which alone
have raade him to listen to this proposition, raay /orce him
to a speedy conclusion."
The forraer 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 Jeflferson, contains comments full
of raeaning : —
" That at the tirae the debt due frora the United States
to the crown of France was contracted, it could not have
been foreseen that the different raerabers of the union
would have hesitated to make effectual provision for the
discharge of the sarae, 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.

HAMILTON. 311
several citizens, who had soleranly pledged themselves for
its redemption ; and that, therefore, the honour of the
United States cannot be irapeached, for having authorized
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 atterapt to raake a
loan in Holland for the discharge of the sarae, 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 payraent of the
principal and interest.
" That the prospect of such provision being raade within
a short period, is by no means flattering ; and though the
credit of the United States is still sound in HoUand, 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 weU-grounded expectation of
discharging it with proper punctuality. Impolitic, because
a failure in the payraent of interest accruing frora 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

312 THE LIFE OP
to establish in the raind of the French court an idea of
the natiorial 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 Jhe instal
ments of the principal, which would from time to tune be
come due. How far the idea of transferring the discontents
which may prevail in the French court, for the want of the
punctual payraent of interest, to the breast of the private
citizens of Holland, would be consistent with sound pohcy,
the board forbear to enlarge on. '
" It raay be proper, however, to observe, that the pubhc
integrity of a nation is the best shield of defence against
any calaraities 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 ofa
faUure 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-'Vork
stiU refuses to pass the impost in any form, and were she tri pass it, Pennsyl
vania wiU not uncouple it from the supplementary funds. These two states
and 'Virginia, are the o-nly ones, my letters say, which have paid any thing
into the continental treasury for a twelvemonth past."

HAMILTON. 313
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 raay be proposed for transferring the
debt due from the United 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 proraote any negotia
tion for transferring the debt due to France from the
United States.f
Thus the national honour was saved, but tbe 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 sura 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 subraitted to Calonne. That min
ister, grasping at such a prospect of relief from his finan
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
" supprcssed."§ The execution of this arrangement was,
* 3D. C. 183. + 3D. 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 miUtia from France, the duties and prohibition of
them should bo abolished. Similar supplies had been furnished by France
to'her during tlie war, which gave rise to questions in tlic settlement of the
accounts. A more serious difficulty grew out of an act of that state, passed
pending Jefferson's negotiation about tlie debt, giving a preference to Frencli
40

314 THE LIFE or
however, suspended, not iraprobably 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 teraporary pacification,
ultimately induced the issuing of arrets, enlarging in some
particulars, and abridging in others, the forraer arrange
ment. One topic of discussion yet reraained. It has been pre
viously raentioned that the treaty with France provided
for the mutual appointment of consuls, under a convention
to be frarried between the respective governments. This
subject was not acted upon until July, seventeen hundred
and eighty-one ; immediately after the resolutions, submit
ting the terras of a treaty with Great Britain, had been
passed. A raeraoir was at that tirae 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
foUowing January, with one material difference. The
French plan proposed the presentation, by their consuls, of
their coraraissions 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
coraraissions to congress, to be recognised by thera 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 arrangeraent of it, but to
confine himself in aU iraportant 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 aot,
founded on a report from the department of foreign affairs, censuring the
granting of favours by any state. — 4 S. J. 401.

HAMILTON. 315
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 frora Franklin announced that
it had been already signed, and that a copy had been so
long since transraitted to congress, that its ratification was
expected ; he added, " I ara not inforraed 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 deraand of its ratifi
cation being made by France, the convention was deliber
ately exarained by the secretary of foreign affairs.
On this examination it appeared that it proposed three
principal objects, in the promotion of whicb, 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 coramerce with
France or her dominions, there could be no use in a pro
vision against the infraction of thera. The second was,
a restriction of the eraigration to the other, of the people
of either country, which, as there was no reason to ap
prehend emigration frora 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. •

316 THE LIFE OF
very iraportant 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 perfectiy
uniraportant, every measure to influence their opinions
raust be equally so, could be of no use to America," but
which in the United States would be raost dangerous to
her institutions.
The powers and iraraunities with Which this corps was
clothed, were equally objectionable. By one article, certi
fied declarations raade 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 iraraunity was conferred on their persons, pa
pers, houses, and dependants. Consular chanceries were
also created, which in raany respects clashed with the in
ternal policy of the United States, and a coraplete jurisdic
tion was given over French vessels in Araerican harbours.
It is also not a little reraarkable, that the original feature
in the French plan, which directed the coraraissions 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 thera. This, connected with
the suggestion of Vergennes to Adaras, that each state
should appoint its own rainisters, combined with the other
circumstances of a direct loan being made by France to
Virginia, and a comrtiercial exeraption being obtained from

HAMILTON. 317
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 forraer legislature, wa?
conclusive upon the country, and its execution was ur
gently pressed by the French charg6 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 comraent.
On the third of June, seventeen hundred and eighty -four,
a few days after Jay had been elected secretary of foreign
affiiirs, and Jeflferson chosen coramissioner 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."

318 THE LIFE OF
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 Araericans, who had been im
prisoned at Havana for breaches of her navigation laws,
and she eoraraissioned Gardoqui, a partner of a coramercial
house at Bilboa, who had been the mediura 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 forraer negotiation had broken
off, stUl 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 frora 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 thera, by her garrison at Natchez, was indicative
of her deterraination to enforce her pretensions. The
question now assuraed a new aspect. The navigation
could not be perraanently reUnquished. To submit to the
enforcement of her restrictions, while their justice was de
nied, would be huraUiation ; to resist by arras, was war.
Influenced by this state of things, by his irapression 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

HAMILTON. 319
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, hmited 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 oflfence. The delegates from the northern
states approving it, while those of the southem conderaned
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 ocean, consenting to a modified use of it,f
but with a proviso to insist upon the territorial hmits fixed
by the definitive treaty with Great Britain. A strong re
monstrance was made by the delegates of Virginia, in
which, not raerely 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 manufajctures of each country, the sarae
privileges as if they were those of the country itself. It
was urged that as Spain raade 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 raight be
to ber, 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 raodifications were, permission to land and store Araerican produc
tions at New-Orleans ; an advalorem duty to be paid to Spain on aU ship
ments thence by Araerican citizens ; perraission to our merchants to re
side there ; a privilege to American vessels to retum from its raouth to that
port, but not to carry any goods, contrary to the regulations of Spain, under
pam of confiscation.
t 4 S.J. 87.

320 THE LIPE OF
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 adraission of thera; nothing
therefore could be gained to us in this respect ; and when
our " commerce is subjected to the raost severe restric
tions in almost every foreign port — fish being excluded by
France and Britain — the Mediterranean shut against us—
the West Indies occluded alraost altogether — the wheat
and rice trade thus greatiy injured— tobacco in France a
raonopoly, in Spain contraband — one would suppose it
the duty of every wise Araerican statesraan 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 pojicy 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 iraports 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 police, 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 encourageraent 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 raost favoured nations. Those nations

HAMILTON. 321
coming into the terms of Spain, in doing which they will
give up nothing, wiU be entitied to these benefits ; " the
evils of this project will be therefore almost universal, and of
course without remedy." The surrender or forbeai-ance of
the use of the Mississippi was objected to as inconsistent with
the compact with Virginia as to the western territory. And
it was also contended that its eflfect 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 corapetition
on the part of Spain was hopeless. How the policy of
the British navigation act could, under such circumstan
ces, tiie United States being the carriers, have been ad
vantageously adopted, it is not easy to suppose. As to
productions, thc 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 mai-ket.
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 tiiis an evil to be deprecated ?
It cannot escape observation how entirely the principles
of this report ai-e at variance witii 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 tiiis cduntry, 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 die first
41

322 THE LIFE OF
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 circurastances may indicate. Nor wiU it faU
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
mstructed 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 disraeraber" the government.
The iraportance 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. Clairaing the exclusive right, and
denying the pretensions of this country, it was thought to
be an iraportant 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 ; thus 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 terras, nor would he consent to any article acknow
ledging their right in express terras, and stipulating to for
bear the use of it for a given tirae,'' a difficulty that Jay
supposed could be overcorae by imphcation, 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-

HAMILTON. 323
tutionality 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 aUeged that
New-England was solely actuated by a desire to check
the population of the west, and -thus raaintain 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 teraporary 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 hmited 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 frora 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 Araerican grievances to a cora
raittee, but was unsuccessful. In the raean tirae the agents
of France had manifested great solicitude. 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."
AprU 15, 1787 — Madison to Edmund Randolph : — " fVe mean to propose
that Jefferson be sent under a special commission, to plead the cause of the
Mississippi at Madrid." — Madison Papers, yol. 2, p. 625, 637.

324 THE LIFE OP
on the eighteenth of April, proposed that a special com
mission should be issued to Jefferson to proceed to Ma
drid " to enter into coramercial 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 liraits and their right to
navigate the Mississippi below them, as might raost effec
tually guard against a rupture of the subsisting harmony,
and promote the rautual 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 raore advantageous
and raore honourable to negotiate at horae ; that this trans
fer would offend the Spanish charge, who would confirm
the suspicions which this measure might excite in his court
of an intention to arause her, a suspicion to which the lan
guage of this resolution, as it only erapowered hira to con
fer, but not to conclude a treaty,* would be too apt to
give colour. Twelve raonths after, the excitement in the
western region having increased by the extended rumour
ofa 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 resoluUon :
" Perhaps this 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 conduit of this
negotiation. Madison repUed : — " 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 EUiot's Debates, 262-3. But see Madison
Papers, v. 2, p. 637, 642.

HAMILTON. 325
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 HamUton was
chairman. 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 raay 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 sarae 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 raanifested by Vergennes. In answer to an inquiry
as to the extent of the guarantee in the treaty of aUiance,
he intiraated that "our liraits were not fixed;" and the
French charge d'affaires was selected by Spain to corarau
nicate to congress the raenace of confiscation, previously
mentioned, if their vessels continued to comraerce 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 stiU more exhibit the
disunion and impotence of this asserablage of states.
As soon as her restrictive proclaraations were known, a
. general shock was felt throughout the confederacy. Cora
merce was thrown out of its usual channels, and the raer
chants, largely indebted for the extensive importations they
had made, looked round in despair for an outlet to the produc-
» Septeraber 16, 1788.

326 THE LIFE OF
tions, with the proceeds bf which, they were to meet thei/
engagements. To judge of the extent of the evU, it is only necessary
to recur to tbe fact, tbat of the whole amount of their ex
ports when colonies, those to the West Indies exceeded
one-fourth. It was tbe more severely felt, because it
chiefly feU upon the fisheries ; that prolific treasure of the
ocean, which the population of New-England regarded as
a source of exhaustiess wealth, whereof the product had
coraposed raore than one half of the articles of coramerce in
the West India raarkets, and a very large pi-oportion ofthe
whole exports of the colonies,* Craraped 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, tbe 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
raeasures to induce the prohibition of English ships arriving
* The raarkets of Canada, Newfoundland, and Nova Scotia, and of a
part of F/Urope, were cut off, and the aimual govemment bounty of iSO,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.

HAMILTON. 327
from the West Indies. A meeting was held at Philadel
phia, urging in strong terms the sarae policy, which was re
echoed throughout the irapoverished confederacy. While
such was the temper of this country, an essay appeared in
London, wliich being considered as an expression of the
sentunents 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 proraised 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 conterapt of the articles of the
confederation ; a full consciousness of the inability of con
gress to fulfil any treaty, frora the conflicting powers re
served to the states ; and a hope to avail theraselves of the
anarchy which must arise from the contending interests of
various legislation, and of the facUities 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 ofthe ingenuity
and fertility of the popular mind, than of sound and practical
riews of the true interests of the country. An essay at
last appeared, containing " Strictures on coraraerce," whicb,
taking an enlarged view ofthe British systera, showed the im
policy of her monopohes, and that a general power of cora
mercial regulation vested in congress would alone protect the
comraerce of this country, and prevent a dissolution of the
union.* This opinion gained rapidly, and being accelera-
* * This pamphlet was from tlie pen of WiUiam Bingham, late agent of
congress at IMartinique, elected to that body in 1786, and subsequently a
senator of the United States. His language is, " The states, from a sense of
coinmon danger and cotamon interest, wiU more closely unite together, and
fenn one general system of exclusive navigation, in regard to Great Britain,
estabUshed on clear, equal, and determinate principles of commercial retaUa.

328 THE LIFE OF
ted by the remonstrances of the West India islands, indu
ced, at last, a definitive action by congress. The states
were invited to invest thera with this power for a short
terra; 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 frora 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 raaritirae iraportance, or
should abandon the ocean to foreigners. The former
opinion was raaintained by the eastern and middle states ;
those of the soutb having no vessels, were disinchned to a
systera which would teraporarily increase the value of
freight, and might, as tbey apprehended, render them tri
butary to the north. There was little prospect of an early
concurrence in this raeasure. 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 comraission, 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 ofthe states, andmaking
it indissoluble, will not hesitate to acquiesce, without a murmur, to the eie
istence of these restraining regulations." Yet of him Madison states, " Mr.
Bingham alone avowed his wishes that the Confederacy might he divided 'it
to several distinct confederacies, its great extent and various interests bfeing
incompatible with a single government." — Madison Papers, v. 2, p. 589.
* April 30, 1784.

HAMILTON. 329
himself, is not known, but the hopeless prospect of the
joint comraission flashed on the raind of Adaras soon after
the annunciation of Great Britain, that she would re
quire an erabassy 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, coraraence ira
raediately the sour work of retaliation. Will the states
agree to exclude British ships frora their ports, and Brit
ish manufactures, or any of them 1 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 rainisters.*"
In another letter of the ninth of March following, he
observes, " I think the invitation to send a rainister 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 pteceding 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 reaUy
- feel an earnest desire to be one of you ; but when wiU that be possible ? It
^ is more agreeable to be at horae araong 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."
42

330 THE LIFE OP
jealousy by the people of England, the people of America,
and by all the courts and nations of Europe." A letter
from hira 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 scmple, no hesitation to advise that a minister may be
sent ; nor wUl I be intunidated from giving this adrice
by any apprehension that I shaU be suspected of a design
or desire of going to England myself. Whoever goes vrill
neither find it a lucrative nor a pleasant employraent, nor
wiU he be envied by rae."*
The reply of Jay enclosed his credentials to the court
of St. Jaraes.
Having reraained sorae 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, Adaras soon after entered up
on the business of his raission.
It has been seen in his letter of January, written previ
ous to his appointraent, 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 raake an impres-X ,
sion, but by coraraercial regulations, which the vuFgar may
see strike essentiaUy 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 coraraissioners 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, wUl be
found m Dip. Cor. vol. 4, p. 211.

HAMILTON. 331
The instructions to Adams directed him to insist upon
the surrender of the posts and territories within the limits
of the LTnited States ; to reraonstrate 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 imraediate pressure for the payraent of
debts .contracted before the war. These clairas were stated
to the British minister at length. In prosecution of his
object, the draft of a coraraercial treaty, the terras 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 erabassy 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 frora the
; magic circle of court formalities there was no escape, Ad
aras, relying upon the vast results he attributed to a sirai
lar procedure at the Hague, resolved to bring the British
ministry to a stand by presenting a raeraorial deraanding
the evacuation of the frontier posts. But again delay was
followed by delay — aU 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.

332 THE LIFE OP
definitive treaty into full effect 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 faith,
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, adraitted that the first of the
iraputed violations of the treaty had been comraitted by
the states, sorae of whicb were still existing and ope
rating ; and that, under the circurastances, it was not a
raatter of surprise that the posts were detained, smd that
Britain would not be to blame in continuing to hold them,
until Araerica should cease to irapede 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 aU their acts inconsistent therewith
should be re{)ealed by their legislatures, in general terms.
He also recoraraended that the Araerican minister should
adrait 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 estiraation of property reraoved in violation of the
seventh article, and for the reraission 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 iraposed on Adams. The
British ministry approved the spirit of the resolutions, but
still adhered to the systera it had adopted ; in pursuance
of which an act was passed for the regulation of their

HAMILTON. 383
trade with tho United Stal(^s, extending still further the
prohibition from her islands of American products. Mean
while, tho tone of thn public feoUng, tho omission to appoint
a minister in i-dturn, frequent di.siippointmnnts, and studied
procrastiiiiilion.s, worn upon tlui tominn- of Adams, who at
last, in hi.s (•.orri!sp(m(l(',nc(5 wUh (lio Ihiidul States, cast off
all nistraint. At tinuis !ui ddiMuod an abandonment by Ame
ricii of her ('oninuircc, (ho wisc.'^t course* Again, ho
urged a vindictive retaliation, us iho only means of redros.s,
and poured out philippic.M, <l(Miouncin,i!;, with indiscriniiimte
wrtith. Enghmtl— -iior in.stitution.s — hor king — iier states
men — hi>r policy — her poopK-.f
Tlii,s was a wido dt^purture from the opinions ho had
cxpro.ssod at an earlier poriod. " Lot us banish fivrovor
iVoui om- minds, my countrymon, all such unworthy ideas
of (ho king, his ministry, nnd thc puiliamont. Let us not
suppose (hat all aro booomc luxuriou.s, oUbminutc, and un-
•1 o.t-. 500.
t " Tliiirii ia no nwoun-o for win in IUis nation, Tho pnoplo aro discouraged
wid dlspirltiMl, ftom llm jfiiiuiriil proHigiwy and wimt of priiiripln, (Vom tho
want of eonliiloiuMi iu any of tho li'iuiiMn, finin Oui frequent disiippninlmcnts
Jiiul iinposilliiuK (hoy liiivo expiMii'iunul iu turn from all imrlioa. Patrioti.'Jui is
no nioTO J uor ia any liyporrilo suocossful enough to luiiko hiiuscillboliovod to
bl) ouii  I'o.r, nnd hia friends and patrons, ure ruined hy the oiidloss ox-
Jionatis of tho lust eleetion, and Imve no longer miy spirit, or any euterpriae.
J^oith uml his ft'ionds tire nfruid of iuipeiieliiueut and veugeiiuce, mul thoro
fore will iiviiiil nil lui7.iiiiloiis e\|ieriiiieiils, by wliioh tho popular ery might bo
oxoiled. I'ilt ia but a tool mul an ostonsiblo pagemil, ii noao of tender virgin
wiix ; he eiiiiUl not oiirry in riuliameni, nor in Iho euliiuel, any honost sysleni
wilh Aiuerieu, il' lie iiieiiul lo do it ; hut lie i,s Iiimself very far iVmu being sleady
iu llis .Viiierie;iu polilics, iiuy iiioiv lliiiii Comilni oT Hirhiiiiinil ; mul Sydney
»u\d (-iirmnrlheu me eyplieis." — ( P. 0. IM-.'), (liS, 171. "This nation
would MOW eviMieli lo l'>nnoe, for llie siike of being insolent to us."— 480.
" The uiciat leiiimkiilile Iliiii;;- in Hie kiiiR's speech and the ileliiilea is, that tho
kiug, mul every uieiuber of eiieli house, liiia entirely forgotton tliat tliero is
aay tiiieli phu-e upon llie eiirtli ns the United States of Aiueriou. Wo appear
tu be coiiaideiiHl ius of no coiiseiiueuce at all in Uio soolo of tlio world." —
4 U. C. 481.

334 THE LIFE OF
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 ber 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 forraal raotion was made
in congress and adopted, forbidding hira to demand a cat
egorical answer to bis meraorial, lest they should be involv
ed in a war or in disgrace.-)- These orders were transrnit-
ted by Jay,} who, at the sarae tirae, recoraraended as the
true policy of the nation, that " what wrong raay 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 governraent 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 be would be treated by the adrainistration and the
' opposition. On his return to the United States, he found
new sources of discontent in the circurastances of his re
call. On the twenty-fourth of Septeraber, 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.
t 5 D. C. 358. t May S, 1786.

HAMILTON. 335
duced to relent. For this decision, he is beheved to have
been chiefly indebted to the exertions of a leading dele
gate* frora 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 frora the pressure of her raonopolies confirmed
her adherence to thera, and was followed by more minute
and rigorous exactions. It could therefore with little pro
bability be expected, that while she maintained ber 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 raagnitude of her capital,
in the credits she could give, and in the cheapness of her
productions, as ensuring the introduction of thera to the
Araerican raarket, where the habits of the people had al
ways secured to her a preference. The efforts of France
to corapete 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 circurastances, corabined with too great a defer
ence to the feehngs of the raonarch, had weight, but the
consideration which chiefly influenced the court of St.
Jaraes, was the political condition of the confederacy.
• Rufus King. t 5 D. 0. 312.

330 THE LIPE OP
Whatever raight 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 engageraents had nearly all been violated, her
private resources appeared either to be exhausted, or
could not be caUed into action ; and whUe the individual
states were pursuing raeasures of mutual hostility and de
triraent, 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 arabassadors," Ham
ilton observed, " were the mere pageants of miraic sove
reignty." In this brief retrospect of the negotiations with the two
leading powers of Europe, nothing is raore obvious than
the want of that practical coraraon sense, which had car
ried this country through the revolution 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
teras and fixed maxiras, affecting so raany public and pri
vate interests, for an untried theory ?
Jefferson* at an early period advised that "the Ameri
can workshops should reraain in Europe ;" that " perhaps
it'raight 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 systera of entangling connec-
* Notes on Virginia, p. 175, 176.

HAMILTON. 337
tions with all the nations of Europe. He voted against a
proposition to adopt the comraerce of " natives" as the basis
of treaties, and he proposed to treat with England on that
basis. " I know," he wrote to Adaras, " 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 rayself on it, if you are of the sarae
opinion."* Abandoning the principle of his own instructions,! he
suggested to Vergennes J " that both nations would ceraent
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 raost favoured nation.' " The
reply of France was an arret, approving in its preamble
a general freedom of comraerce ; but vindicating the " ex
clusion of foreign goods, as required under existing cir
cumstances by the interest of the kingdom."
Yet he at the sarae period avows, " were I to indulge ray
own theory, I should wish them (the United States) to prac
tise neither comraerce nor navigation, but to stand, with
respect to Europe, precisely on the footing of China."§
The opinions of Adaras as to the foreign policy of this
country, were not less various.
At one time he avowed, " 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 coraraercial 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."Tf » 2 D. C. 338.— July 28, 1 785. + Niles, v. 12, p. 82. i November, 1785.
§ October 13, 1785.^refF. Works, vol. 1, 344. H 5 D. C. 502.
H 2 D. C. 338.
43

338 THE LIFE OF
The course of events had proved the correctness of
HaraiUon's views, as he calraly consulted the great perma
nent interests of the country. Though in his liberal spirit
the advocate of a pohcy which he observed would estab
hsh " our systera 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 tiraes, and that rejects those principles of re
striction and exclusion which are the foundations of the
raercantile 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 preraiuras."* 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 raeans of corapelling an equal
traffic ; of raising the Araerican navigation so as to estab
lish " an active" instead of " a passive coramerce ;" of " a
federal navy, to defend the rights of neutrality."
These views, as the perspective of this vast republic
rose before him, were erabraced 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 transatiantic
force or influence, and able to dictate the connection be
tween the old and the new world !"f
* The ConstitutionaUst, No. 4, August, 1781— No. 6, July 4, 1782.
t The FederaUst, No. 11.

HAMILTON. 339

CHAPTER XXI.
[1786.]
In the domestic situation of this country there was
much to justify distrust. , The definitive treaty had indeed
assured almost Roraan limits to the new republic ; but the
eastern boundary was disputed — the western denied —
whUe from the frowning fortresses which dotted its out
line, each raorning'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
tabUshed 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 frora her reluctant erabraces. North
Carolina was dissevered, and a fragraent of her domains
was forming into an independent state under the name of
Frankland, of which an asserably preparatory to a con
vention had raet.* While so raany inducements existed to
adopt a comprehensive national policy, 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 1, 1785.

340 THE LIFE OF
public distresses, in every part of the continent the prevaU
ing anxiety appeared to be to discover new objects upon
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
Harailton, was presented to the legislature early in seven
teen hundred and eighty-four ; but so prevalent was the
jealousy of a raoneyed influence, that it was corapeUed to
conduct its afifairs during six years without corporate un-
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 the
influence of wealth.
These were rainor indications. The craving appetite of
discontent called for food, and the recent corabinations of
military men, and the dangers of a standing army in time
of peace, becarae fruitful theraes of claraour. An associa-i
tion of the officers of the late array, forraed at the en
campraent 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, vrith succession to their eldest male posterity, became
an object of the raost violent and wide-spread hostility.
The alarm was first sounded in an address under the
signature of Cassius, written by jEdanus 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

HAMILTON. 341
upon by Mirabeau, and depicted with aU 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 corapanions in arras. One,
with cold philosophy, advised thera to " raelt down their
eagles"* — whUe another, with aU the veheraence of " a
disordered iraagination," denounced the association as an
inroad upon the first principles of equaUty — 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, arabition, corruption, discord, and se-
dition."-|- The outcry which had been so successfully
raised was deemed of sufficient iraportance to require the
attention of the society.
A general raeeting was convened, at which Washington,
the president-general, presided, and an abolition of the he
reditary provision was recoraraended. 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. HamUton thus represented to him the proceedings
of the state society of New- York.
"sir, " Major FairUe is just setting out on a visit to you, I
believe on some business relating to the Cincinnati. The
society of this state met sorae short time since, and took
into consideration the proposed alterations in the original
frame of the institution. Sorae were strenuous for adher
ing to the old constitution, a few for adopting the new,
and many for a middle line. This disagreement of opin-
* JefTerson. t Adams.

342 THE LIPE OP
ion, and the consideration that the dififerent state societies
pursuing dififerent courses — sorae adopting the alterations
entire, others rejecting thera in the sarae 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 coraraittee 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 recoraraending the giving pow
ers to a general meeting of the Cincinnati, to make such
alterations as raight be thought advisable to obviate objec
tions and promote the interests of the society. I believe
there wUl be no difficulty in agreeing to change the pre
sent mode of continuing the society ; but it appears to be
the vrish of our merabers 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 wiU not, at present, be inclined to give
us any sanction.
" I am of the coraraittee, and I cannot but flatter myself
that when the object is better digested and more fuUy ex
plained, it wiU raeet your approbation.
"The poor Baron is still soliciting congress, and has every
prospect of indigence before him. He has his impru
dences, but upon the whole, he has rendered valuable ser-
vicesj and his merits and the reputation of the country
alike deraand that he should not be left to suffer want.
If there should be any raode 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.

HAMILTON. 343
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 feUow-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 wUI
i;eadUy grant ; and that less than was done ought to have
removed the fears which had been imbibed, I ara as clear
in, as I ara that it would not have done it ; but it is a raat
ter of little moment, whether the alarm which seized the
pubhc mind was the result of foresight, envy, and jealousy,
or a disordered iraagination ; the effect of perseverance
would have been the sarae : wherein then would have
been found an equivalent for the separation of interest^
which, frora my best inforraation, 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 ray voice
would have gone, have endeavoured to convince the nar-
row-rainded part of our countryraen that the araor patriae
was rauch stronger in our breasts than theirs, and that our
conduct, through the whole of the business, was actuated
by nobler and raore generous sentiraents 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 raay be interesting to raany, and the former is
an insuperable obstacle to such a step.
" I ara sincerely concerned to find by your letter that
the baron is again iii straitened circurastances. I am

344 THE LIFE OF
much disinclined to ask favours of congress, but ifl knew
what the objects of his wishes are, I should have much
pleasure in rendering him any services in ray power with
such raerabers of that body as I now and then correspond,
with. I had flattered rayself, 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 oflUcers, met on the fourth of July, seventeen hundred
and eighty-six ; on which occasion Colonel Hamilton de
livered an oration, and at an adjourned raeeting two days
after, he presented a report, which was agreed to, in
which his views as to the hereditary succession by right
of priraogeniture, and the distinction between military and
^ civU merabers, are seen.
" The coraraittee to whora was referred the proceedings
ofthe 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
thera, 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 raay never be obtained, and which, in the opinion
of this coraraittee, 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

HAMILTON. 345
legislatures is, to enable it to appoint trustees to hold its
property, for the charitable purposes to wliich 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 iraproper, 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 always 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 equaUy of opinion, that some alterations in the origi
nal constitution will be proper, as weU in deference to the
sense of many of our fellow-citizens, as in conforraity 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 expUcit ; and as far as it raay intend
an hereditary succession by right of primogeniture, is liable
fo 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."
Tirae has furnished the best comment on the character
and motives of this association. Not-withstanding all the
alarms which were felt, or feigned, and the jealousies which
were inflamed, these societies have retained the soli
tary solace of a riband and a medal to comraeraorate
their sufferings ; have persevered in perforraing their ori
ginal office of silent benevolence, and are only known to
44

346 THE LIFE OP
exist when they assemble to celebrate the birthday of m-
dependence ; to confer a more sacred distinction upon
some raodern achievement of patriotisra ; or to reraind pos
terity, in an unobtrusive recital of his merits, that " another
patriot of the revolution is no more."*
The unrepealed proclaraations of our great maritime
rival, or, as England was terraed, in language becoming an
age of barbarism, our " natural enemy," were more wor
thy objects of opposition, and the first efibrts to teach this
" assuraing brother" moderation, are araong 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 recoraraending congress to
prohibit all intercourse, untU the restrictions upon the com- ,
merce of the United States were reraoved. In the fol
lowing year she enacted several laws of a coramercial 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 raore deliberate consideration,
and resolutions were proposed and discussed in her legis
lature of rauch moraent.
* The medal was of gold, suspended by a blue riband edged with whUe,
indicative of the union with France. The principal figure was Cincinnatus,
three senators presenting him a sword, and other miUtary ensigns. On a field
in the background, his wife standing at the door of their cottage, near it a
plough eind instruments of husbandry. Around the whole, " Omnia reliquit
servare rempubUcam." On the reverse, sun rising ; a cily 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, " Socieias Cincinnato-
rum, instituta A. D. 1783."

HAMILTON. 347
It was moved that her delegates should be instructed to
propose a recoraraendation 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 irapose any duties on such vessels,
or their cargoes, as they should judge necessary, provided
they were uniforra 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 frora
another, by land or water, but might prohibit the impor
tation frora any other state of any particular species of any
articles, which were prohibited frora 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 liraited terra. An efifort was raade 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, advalorera ira
post was refused, the restrictions on the respective states
were retained, and the duration of the act was hmited 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 countervaUing law, that
no vessels trading to the state, other than those owned
* November, 1785.

348 THE LIFE OF
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 raanufacture 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-
ationf she now 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
moraent to assume her station at the head of a southern
confederacy. In this countervailing policy it is believed
that Maryland was the first ofthe 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 coraraercial revenue
should be applied to the equipraent of a navy and to the
coraraon benefit. As soon as the policy of England gave
* December, 1786.
t She passed a stamp act levying duties on legal processes, and upon aU
aUenations of property, and foUowing out her poUcy of discrimination, a car
riage tax, which was charged per wheel on aU home-buUt coaches, and was
more than doubled on imported carriages. She subsequently prohibited the
importation of rum, brandies, and of aU 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, lu-ged
by a strong necessity, in a system of taxation, which, though much modified,
she subsequently strenuously opposed.

HAMILTON. 349
practical evidence of her wise foresight, she again resolved*
that congress ought to be invested with the power of pro
hibition. The contiguous state ofPennsylvania had shown
herself at an early period incUned to a protective systera,
and her successive laws give evidence of her desire to en
courage and to raature doraestic manufactures by bounties
and discriminations. ImpeUed at last by the sarae motives
which had influenced other states, in March, seventeen
hundred and eighty-six, she enacted a law restricting her
commerce to Araerican vessels, unless the iraports were
made 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 raerchants are excluded from
the most beneficial branches of their commerce, while the
whole of ours is laid open to thera, cannot be consistently
or efifectually coimtervailed 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.

350 THE LIFE OF
governor was appointed " superintendent of marine," and
a revenue systera was established. In May, seventeen
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 coramerce, were to become
free citizens ; and iraraunities were oflfered 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 raight be invested with, for the pur
pose of regulating coraraerce. Having granted to that
body the power of raising an impost, she in the raean time
iraposed 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 tiie United
States, whether imported by land or water frora any ofthe
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 vrith a view to en
courage doraestic raanufactures, 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 ofthe United States.''
While the other merabers of the confederacy had mani
fested so strongly their sense of the evils which the pohcy
of England had inflicted upon thera, it was to have been
expected that Massachusetts, as the largest navigating
state, would have been the earliest to feel, the loudest to
reclaira against, the raost 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 buUdings appro
priated to the manufacture of wooUen cloths, and the operatives from the
poU tax, and gave a bounty on spun yarn. Iron works were also exempted
from assessment, except slitting miUs.

HAMILTON. 351
which paralyzed her industry. But that energetic state was
yet under the influence ofthe 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 raanner which adorned this possessor
of enorraous 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 responsibUities of a
trying crisis. During his administration the government
lost its dignity, the laws their influence. An absurd jeal
ousy of congress was cherished, and many of the people
were taught to think that Massachusetts would hold a
more dignified station as the head of a New-England con
federacy, than as a meraber of the union. It was probably
under these influences that her legislature proposed, in
seventeen hundred and eighty-three, appointing delegates
to meet in convention at Hartford with the states of New-
Hampshire, Rhode Island, Connecticut, and New- York, to
confer upon the establishment of a uniform systera of excise
and imposts to be adopted by those states. Hence, proba
bly, her jealousy of a national railitary peace establishment.
Hence, her denunciation of the Cincinnati.
The successor of Hancock was a person of a far different
character. James Bowdoin, a man of strong sense, great
discernment, enlarged views, whose leisure from pubhc af-

352 THE LIPE OF
fairs was devoted to the sciences, and who was a valued cor
respondent of Franklin, on that branch of natural history in
which his discoveries have conferred the largest distinction
upon the science of this country. The father of Bowdoin
was a Hugonot, a native of Rochelle, whence he took refuge
in Araerica frora religious persecution. The son grew rap
idly in pubhc confidence — was appointed a member of the
council under Governor Bernard, whose arbitrary proceed
ings he firmly opposed. He raoved on with the revolu
tion, and in seventeen hundred and seventy-nine was chosen
president of the convention which fraraed the constitution
of the state, and was the author of several of Us most
valuable provisions.
He died in seventeen hundred and ninety ; but his short
career was conspicuous in events of the highest interest.
In AprU, seventeen hundred and eighty-five, about the time
he was chosen governor, a town raeeting was held at Bos
ton, under the auspices of Higginson and Otis, in whose
measures, influenced by the raechanics of that place, Han
cock concurred. At this meeting, a petition was prefer
red 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 England, so prejudicial to the carrying trade of
the confederacy, proposed that congress should be empow
ered to regulate comraerce in order to secure reciprocity,
" and to form a national establishment" to provide for the
national debts and protect the trade. In his first message.
Governor Bowdoin, taking a larger view of the subject, pro
posed a general convention of delegates, to define the
general powers of the confederacy, to preserve the union,
to manage the general concerns of it, and to secure and
promote its comraon interest. This raessage produced the
desired effect. The legislature of Massachusetts adopted
a resolution urging congress to recommend a convention

HAMILTON. 353
of the states, " to revise the confederation, and to report
how far it may be necessary in their opinion to alter or
enlarge the same, in order to secure and perpetuate the
primary objects of the union." The governor addressed
a letter to congress, to be presented by the delegates of the
state. This important letter was not presented. The
reasons for suspending its delivery are stated in the follow
ing reply :— New- York, September 3, 1785.
Reasons assigned for suspending the deUvery 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 opimon 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 imraediately investing con
gress with more coraraercjal powers, it raay 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
coraraercial evils to be reraedied, the efficacy of terapo
rary powers for this purpose, and the disposition of the
several states touching the subject.
The evils principaUy consist in the irapositions, restric
tions, and prohibitions of foreign powers on our coraraerce,
and in the embarrassment resulting from the commercial
regulations of our own states. How far temporary pow
ers can remedy these evUs, perhaps time and experience
can only determine. Thus much may nevertheless be
suggested ; that as several treaties which are now negotia
ting by our comraissioners in Europe are not to exceed
45

354 THE LIPE OP
the term of fifteen years, if the commercial powers to be
vested in congress should be of a siraUar duration, they
raay reraedy the evils for that term, and at the expiration
thereof a new coramercial epoch will coraraence, when the
states will have a raore clear and eoraprehensive view of
their commercial interests, and of the best means for pro
raoting the same, whether by treaties abroad, or by the
delegation and exercise of greater commercial powers at
horae. Whatever the disposition of the states may be, U can only
be known by their acts ; but the different views which they
have had of tbe subject, give reason to suppose that some
legislatures will think teraporary coraraercial powers eligible
under present circumstances ; and should this be the opinion
of but one, an attempt iraraediately to delegate perpetual
coraraercial powers raust fail, and raay prevent a delega
tion of teraporary powers. For in politics as in private
hfe, by airaing at too rauch, one ofttiraes accoraplishes no
thing. Secondly — If the states are qnaniraously 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 thera as part of the confederation
depend on their beneficial effects ? This is a question on
which we propose not to venture a decided opinion ; but
experience teaches us, that in the forraation of constitu
tions and laws, the wisest raen have not been able to fore
see the evasions and abuses which in the operation have
resulted frora vague terras and expressions, latent incon
sistencies, artful constructions, and frora too fuU and un
guarded a delegation of powers.
Whether the subject of coraraerce, and the danger to
which the states may be exposed by a surrender to the
union of their coraraercial authority, are so fuUy under
stood as to justify the consideration of an iraraediate altera-

HAMILTON. 355
tion of the confederation, is a raatter that the legislatures
alone are corapetent to determine. Any of thera 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 iraraediate alteration of
the articles, will it not be expedient for thera 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 unaniraous consent of the
states — that this raay 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 iraportant occasions, to be revised and re-
revised, altered and realtered, they raust cease to be con
sidered as effectual and sacred barriers, and, like landraarks
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 deterraination of the
United States in congress asserabled, on all questions
which by this confederation are subraitted to thera. 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 tirae hereafter be raade in
any of thera, unless such alteration be agreed to in a con
gress of the United States, and be afterwards confirmed

356 THE LIFE OP
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 theraselves under the ne
cessity of rejecting the report of the forraer, 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 abUities and influence in the several
states, be hurt, and opposed in this instance to congress 1
And would not parties in the legislatures and among the
people, be the consequence ? If so, raay not an apprehen
sion of these evUs 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, wiU not congress con
sider it as being contrary to the spirit of the confedera
tion ? Indeed we are doubtful whether a raeasure of this
kind would not be viewed as raanifesting a want of confi
dence in congress, and on this ground raeet their disappro
bation. Fourthly — If an alteration, either teraporary or perpet
ual, of the coraraercial powers of congress is to be consid
ered by a convention, shaU 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
lishraent of good government, and each of the states in
forraing their own as weU 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 governraents into baleful
aristocracies. These plans are frustrated, but the same
spirit reraains in their abettors, and the institution of the

HAMILTON. 357
Cincinnati, honourable and beneficent as the views may
have been of the officers who composed it, we fear, if not
totaUy aboUshed, will have the sarae tendency. What the
effect then raay be of caUing a convention to revise the
confederation generally, we leave with your excellency
aiid 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 sorae judgment of the plan which such mem
bers would report to congress. But should the raerabers
be altogether republican, such have been the declaraations
of designing raen 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 unaniraous consent of the legisla
tures, which effectuaUy 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 raost dis
tant intention to delegate. Perhaps it raay be said, this
can produce no ill effect, because congress raay correct
the report, however exceptionable ; or, if passed by thera,
any of the states raay refuse to ratify it. True it is that
congress and the states have such power, but would not
such a report affect the tranquUUty and weaken the gov
emment of the union? We have already considered
the operation of the report as it would respect con
gress ; and if animosities and parties would naturaUy arise
from their rejecting it, how rauch would these be increased
if the report, approved by congress and sorae of the states,
should be rejected by other states ! Would there not be
'danger ofa party spirit being thus raore generally diffused
and warmly supported ? Far distant we know it to be

358 THE LIFE OF
from the honourablelegislature 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 thera 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 wUl 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 vrill 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
extrerae. " 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 employraents civil and railitary. Such a
governraent 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 sarae time to
provide for his posterity. These are pleasing prospects
which republican governraents 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

HAMILTON. 359
¦
time are clearly of opinion that every measure should
be avoided which would strengthen the hands of the ene
mies to free governraent, and that an adrainistration of
the present confederation, with all its inconveniences, is
preferable to the risk of general dissensions and aniraosi
ties, which may approach to anarchy, and prepare the way
to a ruinous systera of government.
Having thus frora a sense of duty we owe to the Uni
ted States, as well as to our constituents, coraraunicated to
your excellency our sentiraents on this important subject,
we request you to lay them before the honourable legislature
at their next session, and to inforra thera that their raeas
ures for a general revision ofthe confederation, if confirm
ed, shall be imraediately coraraunicated to congress. That
no time will be lost by the suspension, since the requisi
tion to the iraportant raatters before congress would have
prevented thera frora an early attention to the propositions
of Massachusetts, and that if these had been approved by
congress, raany of the legislatures being now adjourned,
could not take the same into consideration.
E. Gerhy,
S. Holten,
R. King.
The consequence of this reply was a vote of the state
legislature, annulling the resolution recoraraending a con
vention.* While Massachusetts had been thus urging a
change in the federal systera, she passed a teraporary act
of navigation and coraraerce.f This act prohibited the
exportation of American manufactures or productions in
British bottoms, until the Enghsh restrictions were repealed ;
limited the entry of aU foreign vessels to three designated
ports ; and, in order to encourage ship-building, levied an
* November 25th, 1 785. t June 13th, 1785.

360 THE LIFE OF
additional tonnage duty, and a double duty upon aU hnports
in such vessels.* At the same session she iraposed discri
rainating advalorera duties upon certain enuraerated arti
cles, and various specific duties, for the avowed purposes
of encouraging agriculture, iraproving the raw raaterials,
promoting manufactures, and inducing economy, and levied
an excise duty on distilled spirits, and on several articles
of luxury. ,
New-Hampshire followed the example of Massachusetts.
The acts of both of these states, it has been mentioned,
were .infractions of the treaty with France. A similar
policy was adopted by Rhode Island.
These laws proved the inefficacy of state legislation.
During their operation alraost every foreign ship, destined
for those states, sought other ports. Thus a commerce of
great value was lost, and with it the revenue which had
partly prompted to the discriraination.f These restrictive
enactraents were soon repealed, and thus all the injuries
were suffered which are the fruits of precipitate legislation.
But these evUs had a wider influence. The laws levy
ing iraposts disregarded all uniforraity, both as to the rates
of duties, and as to the articles on which they were charged. J
* The tonnage duty was five shillings per ton. There was a clause in this
aet, by which vessels built in Massachusetts, though owned by British sub
jects, should, on their first outward-bound cargo, pay the same duties as native

t 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.
X The disparity of duties is seen in the fiscal provisions of the southern
states, whose interests at that time approximated. Maryland had one shil
Ung and sixpence per ton on goods of those in treaty — two shUUngs and eight-
pence on those not in treaty. On British goods, six shiUings and eight-pence,
and two shillings per ton extra on other goods. Virginia had three shillings
and sixpence on those in treaty — six shiUings and sixpence on those not in
treaty, besides two per cent, extra. South Carolina, two shiUings and nine-
pence on British sugars— one shilling and eight pence on those of other nations.

HAMILTON. 361
The consequences of this inequaUty 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, accuraulated oaths, raultiplied
revenue officers, extravagant and partial exeraptions — 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 cora
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 reraedy for these evUs
had been recoraraended by congress — the investing thera
with a general power for the regulation of commerce.
The delay to embrace it is raore 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 coraraercial enterprise ! How bhnd 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 iUicit trade
could be interposed by raeans consistent with the raaxiras
of a raUd policy, and with a moderate expense ; and that
the necessary- expense would compel a resort to harsh and
onerous systeras of taxation ; that thus the states " would
be obliged," in Harailton's language, "to strengthen the
executive arm of government, in doing which their consti-
46

362 THE LIFE OP
tutions would acquire a progressive direction towards
monarchy." At the meeting of the legislature of New- York, in 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 estabhshment of funds to pay the interest
and discharge the principal of the state debt, and indicated
as raeans, exclusive of direct taxation, the sale of the pub
lic lands, internal duties and excises, raarine 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 distUled 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 asserably. 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 countervailing du
ties, and that state legislation on this subject, would inter
fere with and embarrass the coraraercial treaties." It nev
ertheless becarae a law.

* Congress had, in AprU, 1784, recommended the grant of a general pow
er to them for this purpose. This local act was passed in the foUowing No
vember.

HAMILTON. 363
Assured that the conferring on congress the sole power
of commercial regulation, would be an iraportant step to
wards the institution of a raore efficient governraent,
HamUton is now seen again exerting his influence. The
chamber of coraraerce were advised to petition the legisla
ture. A large meeting was convened in New- York,
which was earnestly addressed by hira, and passed resolu
tions recommending the raeasure. 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 corabined efforts, and at
the end ofthe session of seventeen hundred and eighty-five,
passed an act to vest congress for a terra of fifteen years
with power to prohibit the iraportation or exportation of
articles of coraraerce in the vessels of states " not in treaty,"
and also to prohibit the subjects of any foreign state, not in
treaty, frora iraporting any goods or raerchandise, 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 exeraptions to raerchants reraoving thither, as
lures to coramercial capital. In Connecticut, such was the
discontent, that an entire prohibition of all intercourse
with its southern neighbour vvas 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

364 THE LIPE OF
delay the coUection of debts ; and a general disposition was
discovered, notwithstanding its evils had so recently been
felt, to seek relief in state emissions of paper raoney.
A raajority was found in New- York, in despUe of the
raost earnest reraonstrances through the press, in favour of
the issue of bills of credit, which were declared a legal
tender, and a discriraination was contemplated among the
different classes of creditors. Two-fifths of the debt due
by congress to the state were to be provided for, and the
clairas of the array, 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 systera. A bUl for
tbe eraission of state paper also passed the assembly of
New-Jersey, but was rejected by the council through the
firraness of Governor Livingston. So great was the pop
ular exciteraent against hira, that this virtuous patriot was
loudly decried and burned in effigy.
South Carolina adopted a sirailar policy. Every efibrt
was made by its citizens to sustain the credit of the paper;
but such were their impoverishraent and discord, that it
was thought necessary to pass laws tantaraount to closing
the courts of justice. North Carolina and Georgia* fol
lowed this vicious exaraple. 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
disfranchiseraent, and created special tribunals to try the
* The paper of North CaroUna is stated to have depreciated 25 per cent ;
that of Georgia and Rhode Island, 80 per cent.

»* '<f>

HAMILTON. 365
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 corapelling every raale
who had arrived at manhood to take it, or be disfranchised.
It was called the bloody biU. An inforraation was filed
for refusing the paper. The judges of the supreme court
decided against it. They were suramoned 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 coraraenceraent of others.
Indications of a sirailar 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 frora congress ; and in the
disorganizing rage for disraeraberraent, her western coun
ties began to look to a severance frora her dorainion. 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 irapost to congress, and
subsequently passed a law to carry into effect its proposi
tions for suppleraentary funds.
The vigour of character which distinguished her in her
support of the public faith, was not less shown by that
part of her population who, from a variety of causes, were
opposed to the requireraents of justice.
While in other states rauch noisy discontent and angry
clamour were heard, araong this energetic people dissatis
faction soon ripened into rebellion.
Peculiar causes had corabined to increase the pressure

366 THE LIFE OF
on the states of Massachusetts and New-Hampshire.
Their seaboard population, frora being engaged in the
fisheries, and thus following pursuits far reraoved from
the influence of the laws, were httle accustomed to re
straint. Thrown but 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 deraand for supplies created by
their reraote expeditions had ceased. The commercial
restrictions prevented the outlet of the surplus produce
of the state ; and thus each class, the grower and the con
sumer, were mutually irapoverished ; and the taxes, which
prior to the revolution had little exceeded one hundred
thousand pounds, had augraented to an enorraous amount.
The depreciation of the currency increased the distress.
WhUe it enhanced the norainal araount 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, aU of which
aggravated the evil.
A large number also of the inhabitants had been called out
by mUitary requisitions during the war on teraporary expe
ditions, and leaving the sober routine of ordinary life, had
acquired aU the licentiousness without the discipline of the
carap. The firraness of the legislature put in motion every
active and turbulent spirit. Corabinations were formed en
tertaining desperate designs, and conventions of delegates
frora extensive districts of the state were held, wbich adopt
ed the most violent resolutions, censuring every measure that
had been taken to fulfil the pubUc engageraents ; declaring
open hostility to the rainisters of justice ; calling 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 ebulUtion was soon followed by acts of open resist-

HAMILTON. 367
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 atterapted 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 militai-y force
could alone overawe their violence.
The legislature having been convened, measures were
adopted, not without opposition frora those clairaing
the appeUation of the friends of the people, conferring
powers on the executive equal to the eraergency. 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 frora per
sonal violence. The discontented, who had previously
shown theraselves in detached parties, raoved to a cora
mon point ; and at last a body of a thousand insurgents
was collected under the command of a late captain in the
continental army, wbo 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 becarae ob
vious. Orders were given to the militia to raarch upon cer
tain positions, and the asserabled corps were put in motion
— one under General Lincoln, the other under General
Shephard — to check the progress ofthe insurrection. These
decisive steps were attended with complete success. The
insurgents in most instances fled before the miUtary.

368 THE LIPE -OF
Where they raade 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 payraent. Goods and real pro
perty being thereby substituted as a raediura 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
asserabled at Exeter, the seat of governraent, where the
legislature was in session, and deraanded an immediate
corapliance with their terms. The alarraed 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
deraands, and avowing his deterraination, even if the whole
state was in favour of the raeasure, not to yield while they
were surrounded by an arraed force ; and that no consider
ation of personal danger should corapel him to so flagrant
a violation of the constitutional rights of the people.
The contumacious raob then beat to arras, loaded their
» Collections of the New-Hampshire Historical Society.

HAMILTON. 369
muskets with baU, and placing sentinels at the doors, held
the legislature prisoners throughout the day. At night
fall, SuUivan again addressed thera. In reply to his firra
harangue, nothing was heard but loud claraours for " pa
per money" — "an equal distribution of property" — "the an-
tnihilationof debts" t—smA " a release of taxes." At this moraent
a drum was heard, and a party came in sight, huzzaing for
government. The raob was alarmed, and SuUivan, followed
by the legislature, passed unimpeded through its dense col
umns. He imraediately reassembled the legislature in another
place, issued orders at raidnight 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 oflfered.
The contest was soon after transferred frora the field to
the elections, and, without any dirainished cause of dis
content, the people settled down in a general subraission to
the laws. The leaders. Parsons, Shays, and French, threw
themselves on the mercy of governraent, which, with a
prudent raUdness, was satisfied with their disfranchiseraent.
It would be an error to pronounce the issue of these
events raerely fortunate, for where can an instance be ad
duced of so great and long-continued an exciteraent, pro
ceeding frora such araple causes, araong 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 whora 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
47

370 THE LIFE OP
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 frora
it, that a civUized society raay safely repose upon the un
controlled virtue and intelligence of its raembers. The
tendency of civUization is to produce inequalities of condi
tion, and in the short period which has elapsed since this
rebelhon, and notwithstanding the propitious circurastances
in which she has been placed, it would be vain at this time
to expect, even in Massachusetts, a sirailar result.
A raore extraordinary deduction has been drawn from the
tranquil terraination of this contest with the laws — that re
bellions are salutary ; " that the tree of liberty raust 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 raoraent 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 governraent. This is
an error natural to the region of country in which it was
propagated ; for where slavery debases aU at least below
the rank of raaster, how short is the interval between re
volt and ruin; bow great the excuse for rigour in the
harsh ; how little roora for lenity in the gentle ; how fear-
* Jefferson's writings.

HAMILTON. 371
ful the consequence of awakening the sufferer to a sense
ofhis 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 sorae great raodification of the
political systera, 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 i^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 irapossible to deterraine. The despair
of aid frora state legislation may have stimulated the peo
ple to violence ; but it is rather to be believed that the
popular feelings were too rauch 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 comraerce, the poverty and anarchy
of the country, the hopeless prospect before them, com
pelled the people to feel the want of that which HamUton
was the first to indicate as the only resource — " a more
perfect union." New- York had been the earliest to pro-

372 THE LIFE OF
pose a convention of the states. After longer experience,
Massachusetts had declared her conviction of its necessity ;
to which Virginia, erainently jealous of her state sove
reignty, was impelled by peculiar circurastances at last to
assent. Her geographical position rendered it extreraely difficult
to establish an efficient, and at the same tirae an indepen
dent revenue systera. This difficulty had early suggested
the iraportance of forraing a corapact with Maryland, as
to the jurisdiction of their confluent waters ; and in De
ceraber, seventeen hundred and seventy-seven, commis
sioners were appointed by Virginia for this object. - The
subject was resuraed in seventeen hundred and eighty-four,
and "a similar comraission created. Nothing having been
effected by tbem, new comraissioners were chosen in the
succeeding year, who met the deputies of Maryland at
Mount Vernon. There they agreed upon an act regula
ting the coraraercial 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
estabhshraent of a naval force to protect these estuaries,
and the forraation of a rautual tariff. This compact, by
the articles of the confederation, required the previous
consent of congress. To obviate that dUficulty, these de
puties recoramended to their respective states the appoint
ment of other comraissioners with enlarged powers, to
whose proceedings the perraission 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 coraraercial interests.
They were instructed particularly to provide, that foreign

HAMILTON. 373
gold should pass at the sarae rate in both states, and that
the sarae araount of daraages should be charged on pro
tested "bills of exchange. A few days after, the house of
delegates passed a resolution, directing the projected ar
rangeraent to be coraraunicated to all the other states, who
were invited to send deputies to a general meeting for the
precise purpose " of considering how far a uniforra systera
of taxation in their coraraercial intercourse and regula
tions raight be necessary to their comraon interest and
permanent harraony ; 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 wiU be seen that Virginia merely con
templated a commercial arrangement, falling far short of
the policy which New- York and Massachusetts had pre
viously erabraced.
Her reluctance in granting, and her repeals of the ira
post ;* her hostility to a federal judiciary ; her jealousy as
to the Mississippi ; — all leave little 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 frora the array, and
who, speculating in their closets on the dangers of con
ferring power, had not considered how rauch greater were
the evUs of usurpation, even from " necessity," than those

* In a letter from R. H. Lee, he states his apprehensions of alterations in
the articles of tbe 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 coUection shaU in any manner be subject to
congressional control." He was opposed to the power of regulating trade. —
Life, V. 2, pp. 62, 71.

374 THE LIFE OF
of a large constitutional authority.* Yet the precedence
of that state in this important raeasure, has been claimed
without hesitation, and generally received as a part of
Araerican history. It is tirae that this error, with many
others, should be corrected.
Soon after this project was first agitated, Harailton,
whose raind had long laboured with the great design of a
national constitution, deterrained 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 systera of seventeen hundred and eighty-three, and
in case of its rejection, should appoint comraissioners to
attend the coraraercial convention. "HaraUton," 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 coraraercial convention,
otherwise than as a stepping stone to a general conven
tion, to forra 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, "Ihave 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
gey^eral, I hold it for a maxim, that the union of the states is essential for their
safety against foreign danger and intemal 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
diiferent 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 bo presupposed here." — 2 Life of
R. H. Lee, p. 220. Dec. 25, 1784.

HAMILTON. 375
city delegation, and we were to raake every possible effort
to accoraplish Hamilton's objects.
"Duer was a man of coraraanding eloquence. We
went to the legislature, and pressed totis viribus the grant
of the irapost agreeably to the requisition of congress. We
failed in obtaining it. The resolutions of Virginia were
coraraunicated by Governor Clinton, on the fourteenth of
March, seventeen hundred and eighty-six. We went aU
our strength in the appointraent of coraraissioners to attend
the coraraercial convention, in which we were successful.
The coraraissioners were instructed to report their pro
ceedings to the next legislature : Harailton was appointed
one of thera. Thus it was, that he was the principal
instruraent to turn this state to a course of policy that
saved our country frora 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 proraotion of their true in
terests. In a special raessage, he urged upon the legisla
ture the protection of raanufactures, stating that the looras
were idle, in consequence of excessive iraportations. On
a subsequent occasion, after descanting upon the impor
tance of conferring the necessary powers upon congress,
he placed before thera the serious inquiry, " Shall the union
cease to exist?" and as soon as he received the circular
of Virginia, he recoraraended the appointraent of comrais
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 appointraent. Duane was prevented
attending by indisposition, Robert R. Livingston by bu
siness. Hamilton and Benson (then attorney-general of

376 THE LIFE OF
the state) proceeded to Annapolis, where they met the
other coraraissioners." 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 Harailton, although not forraally one of the cora
raittee."* In tbe draft as originaUy framed, Hamilton had exhibit
ed frankly and at large the condition of the states, and
tbe necessity of an efficient governraent. But it was
thought,! frora the sentiraents of sorae of the delegates, and
the lukewarmness exhibited by the non-attendance of so
many states, that his stateraents 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 raeeting.
" To the honourable the legislatures of Virginia, Delaware,
Pennsylvania, and New- York.
" The coraraissioners frora the said states respectively
asserabled at Annapolis, hurably beg leave to report. That
pursuant to their several appointments, they met at Anna
poUs, 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 sarae terras, authorized their respective com
missioners to meet sucb comraissioners 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 comrais
sioners, to take into consideration the trade and commerce

* Memoir pubUshed 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."

HAMILTON. 377
ofthe United States, to consider how far an uniform system
in their coraraercial intercourse and i-egulations might be
necessary to their comraon 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 asserabled
effectually to provide for the same.
" That the state of Delaware had given similar powers
to their comraissioners ; with this difference only, that the
act to be fraraed in virtue of these powers, is required to
be reported ' to the United States in congress asserabled,
to be agreed to by thera, and confirmed by the legislature
of every state.'
" That the state of New-Jersey had enlarged the object
of their appointment, erapowering their commissioners ' to
consider how far an uniforra systera in their coramercial
regulations, and other iraportant raatters, raight be neces
sary to the coraraon interest and permanent harraony of
the several states ; and to report such an act on the subject,
as, when ratified by thera, would enable the United States
in congress assembled effectuaUy to provide for the exi
gencies of the union.'
" That appointraents 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 appointraent hav
ing been raade by the states of Connecticut, Maryland,
South Carolina, or Georgia. That the express terras of
the powers to your coraraissioners 'supposing a deputation
frora all the states, and having for their object the trade and
comraerce of the United States, your coraraissioners did
not conceive it advisable to proceed to the business of their
mission under the circumstance of so partial and defective
a representation. 48

378 THE T.IPE OP
" 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 raeas
ures raay be taken to effect a general raeeting of the states
in a future convention for the sarae, 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 coraraissioners should seem to exceed the strict
bounds of their appointraent, 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 coraraissioners
subrait 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 iraproveraent on the original plan, and wiU deserve to
be incorporated into that of a future convention. They
are the raore 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 wiU enter so far into the
general systera of the federal govemraent, that to give it
efficacy, and to obviate questions and doubts concerning
its precise nature and hraits, raay require a correspondent
adjustraent of other parts of the federal system. That
there are important defects in the systera of the federal
governraent, is acknowledged by the acts of aU those states
which have concurred in the present raeeting; that the
defects, upon a closer exaraination, raay be found greater
and raore nuraerous than even these acts iraply, is at
least so far probable, frora the erabarrassraents which
characterize the present state of our national affairs
foreign and doraestic, as raay reasonably be supposed

HAMILTON. 379
to merit a deliberate and candid discussion in some
mode which wiU unite the sentiments and councUs of all
the states.
" In the choice of the mode, your coraraissioners are of
the opinion that a convention of deputies frora the differ
ent states for the special and sole purpose of entering into
this investigation, and digesting a plan of supplying such
defects as raay be discovered to exist, will be entitled to a
preference, from considerations which wUl occur without
being particularized. Your comraissioners 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
heen frequently the subject of pubhc discussion, and none
of which can have escaped the penetration of those to
whora they would in this instance be addressed.
"They are, however, of a nature so serious, as, in the view
¦of your comraissioners, 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 merabers of the
confederacy. Under this irapression, your comraissioners
with the raost respectful deference beg leave to suggest
their unaniraous 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 thera
selves, and use their endeavours to procure the concur
rence of the other states, in tbe appointraent of corarais
sioners to raeet 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

380 THE LIFE OP
and afterwards confirmed by the legislature of every state,
will effectually provide for the sarae.
" Though your coraraissioners could not with propriety
address these observations and sentiraents to any but the
states they have the honour to represent, they have nev
ertheless concluded, frora 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.
" Annapolis, September 14th, 1786."

HAMILTON. 381

CHAPTER XXII.
[1786.]
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 raeasure 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 ofthe dangers to their lib
erties which might result from so large a confidence as t^e
control of the national funds, and in certain states from a
calculation of the partial benefits to be derived from pecuUar
circumstances of more extensive territory, favourable posi
tion, and natural advantages. These lent theraselves to the
most absurd suspicions, deprecated any advance towards
this great object as an approach to a gulf in which every
vestige of hberty 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 hb
erty, and especial guardians of state rights. This party
was the proper growth of the articles of confederation.

382 THE LIFE OP
It had acquired a coraplete 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 frora its effects at this
tirae that the union existed, but that the pageantry of a
congress was still kept up. The members chosen to meet
in Noveraber, seventeen hundred and eighty-five, did not
assemble until February, seventeen bundred and eighty-sLs.
Their first deliberations related to the finances. The re
port of a coraraittee showed that the requisitions for the
four preceding years a little exceeded seven raUlions of
dollars ; that the total receipts were rather raore than one-
third of this sura, of which less than one-tenth had been
coUected 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 bUls of credit was hopeless ; that the
only remaining resource was the public lands — ^but public
securities being receivable for tbem, they could only aid
in reducing the pubhc 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 foUovring impres
sive appeal : — " The coraraittee observe with great concern
that the security of the navigation and coraraerce of the
citizens of these states from the Barbary powers ; the pro-

HAMILTON. 383
tection of the frontier inhabitants from the savages ; the
immediate establishment of mUitary magazines in different
parts of the union, rendered indispensable by the principles
of pubhc safety ; the maintenance of the federal govern
ment at home, and the support of the pubhc servants
abroad ;— ^ach and all depend upon the contributions of the
states under the annual requisitions of congress. The
moneys essentiaUy necessary for these important objects wiU
so far exceed the sums formerly collected frora the states
by taxes, that no hope can be indulged of being able frora
that source to make any remittances for the discharge of
foreign engagements.
" Thus circumstanced, after the raost soleran deliberation,
and under the fullest conviction that the pubhc erabarrass
ments are such as above represented, and that they are
daily increasing, the coraraittee are of opinion that it has
becorae the duty of congress to declare raost explicitly,
that the. crisis has arrived when the people of these United
States, by whose wiU and for whose benefit the federal
governraent was instituted, must decide whether they wUl
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, tbey 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 foUowed by resolutions, in
which, to efface the erroneous impressions produced by
Jefferson's scheme of counterbalancing deficiencies, and
" in order that congress raay remain wholly acquitted from
every imputation of a want of attention to the interests
and welfare of those whora they represent," they declare —
First, that the requisitions of seventeen hundred and
eighty-four and eighty-five, cannot be considered as the

384 THE LIFE OF
establishment ofa systera 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 systera in all its parts ; and last, pro
claira, that whUst congress are denied the raeans of satis
fying those engageraents which they have constitutionally
entered into for the coraraon 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 soleran 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 becarae apparent that the non-concurrence of
New- York was the only serious obstacle to its estabhshmept.
Under these circurastances, the public attention in that
state was wholly devoted to this subject.
A strong memorial to the legislature from the pen of
Harailton was vridely circulated. It stated, "that the
coraraunity 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 alraost alone, in a non-corapliance vrith
a raeasure in which the sentiraents and wishes of the union
at large appear to unite, and by a further delay raay ren
der itself responsible for consequences too serious not to
affect every considerate man ; that aU the considerations
important to a state, aU the raotives of pubhc honour, faith,
reputation, interest, and safety, conspire to urge a comph-
* R. King was chairman of this committee, and it is to be presumed was
the author of this important document.

HAMILTON. 385
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 systera being un
constitutional. That as to danger in vesting the United
States with these funds, your raeraorialists consider their
interests and liberties as not less safe in the hands of their
fellow-citizens delegated to represent thera 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 iraplies
trust, and every governraent must be trusted so far as it is
necessary to enable it to attain tbe ends for which it is in
stituted, without which must result insult and oppression
from abroad, confusion and convulsion at horae."
The public raen throughout the state took an open stand
on this question ; the newspapers were filled with discus
sions of its raerits,* 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 coraraercial raerabers of the coraraunity, 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.
49

386 THE LIPE OF
hopes had centred upon HamiUon ; Clinton was supported
by a corabination of interests — by the raost 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 limUed only by the opposition of a few intelligent 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 frora the official coraraunications of
Clinton, the inference would be drawn, that though not a
zealous charapion, he was a decided friend to the federal
systera ; but the raeasures which raarked the policy of the
state, and which were directed by hira, indicated very dif
ferent purposes.
In pursuance of the recoraraendation 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 raanner and forra, 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 frora the principles
which had prorapted this raeasure at its inception, and
which prevailed during a period of danger, directed them
to be coUected by the officers qnd under the authority of the
state. This law, corabined with other circurastances, in
duced congress to recoraraend the systera that was adopted
on the eighteenth of March, seventeen hundred and eighty-

HAMILTON. 387
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 foUowed by the
acts estabUshing a customhouse and a revenue system.
The iraraense 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 aggrandizeraent
engrossed the thoughts of Clinton, who, had the desire
of establishing a separate governraent ever conflicted in
his raind with a raore eoraprehensive patriotisra, would
have regarded this as the great source of influence and
power. To whatever cause it raay be attributed, it becarae the
settled policy of New- York to defeat the proposition for a
national revenue. A raeasure conforraing with the recora
raendation of congress was proposed in the legislature in
seventeen hundred and eighty-four, and failed. It was

« In a letter to HamUton, Schuyler remarks. May 4th, 1783 : " Although
our legislature seems stiU inoUned to confer powers on congress adequate to
the proper discharge of the great duties of the sovereign councU of these
states, yet I perceive with pain that some, chagrined at disappointment, are
abeady attempting to inculcate a contrary principle, and I fear it wiU gain
too deep a root to be eradicated, untU such confusion prevails as wUl make
men deeply feel the necessity of not retaining so much sovereignty in the
states individually."

388 THE LIFE OF
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 raost 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 sorae of the other
states. Instead of raaking the collectors araenable, and
reraovable by congress, it subjected thera to the exclusive
jurisdiction of the state courts.
It also rendered the duties payable in the bUls 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 tbe raoney arising from it.
AU 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
hostilities, discussing the inquiry whether a raeraber 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 every 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 ils functions, and yet New-York, Maryland, and Virginia, afiirmed the
absolute right to withdraw, and New-Hampshire, Rhode Island, Connecti
cut, and Georgia were divided. For the right — WUliam Grayson, John
Haring, Harrison, Henry, Hindman, Houston, Livermore, Miller, MitcheU,
James Monroe, Mela-ncton Smith ; against it — Bayard, Bloodworth, Dane,
Few, N. Gorham, Hornblower, Dl. Huger, 'William Samuel Johnston, Ru
fus King, Lee, Long, Manning, Parker, Petit, Charles Pinckney, Sedg.
wick, Symmes, White.

HAMILTON. 389
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 aU the states, i becorae void ;
that the provision which rendered the duties payable in
biUs of credit was most pernicious, as it would, on the sarae
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 humUiating condition in being una
ble to raeet 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 entertained 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 coraply with
their recoraraendations, but that he had not the power to
convene the legislature before the tirae fixed by law for
their stated raeeting, except upon ' extraordinary occasions,'
and as the present business had already been particularly
laid before thera, and so recently as at their last session
received their deterraination, it cannot corae within that
description." Soon after receiving this coraraunication, congress then
sitting at New- York, adopted a series of resolutions, de
claring that the act of New- York was not a coraphance
with the general plan. " That the present critical and em-

390 THE LIFE OF
barrassed state of the finances was such as to require that
the systera of irapost should be carried intp iraraediate
effect ; that they consider this ' an occasion sufficiently im
portant and extraordinary' for the convening of the legisla
ture, and ' earnestly' recoraraend that it should be ' iraraedi
ately" called." Clinton was iraraovable. 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
comraerciar 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 coraplied with the revenue systera 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 deraanded the imraediate attention of congress, who
sent a deputation to reraonstrate 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 especiaUy 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 coraraittee was appointed to confer with her legisla
ture. A siraUar claira was, after rauch debate, conceded
to South Carolina. Another coraraittee was directed to
repair to Connecticut, New-Jersey, and North Carolina,

HAMILTON. 391
and an address was made to New-Hampshire and Mary
land, urging upon them a full and iraraediate corapliance
with the last requisition. Was this a governraent ?
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 iraportance.
It was for the establishment 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, raade a report strongly indicative of their
feebleness and their fears. Having stated that unless speedy
and effectual raeasures were taken to suppress the designs
of the insurgents, they wUl possess theraselves of the arse
nal at Springfield, subvert the governraent, and not only
reduce that coraraonwealth 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 iraraediately raised, but tbat the causes of raising
thera ought not to be publicly assigned, and that they had,
in a separate report, on the intelUgence frora the western
country, recoraraended the augraentation 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-
; cipaUy in Nevv-England.
Thus did an eraergency, whicb every governraent should
have been erapowered to raeet, 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 1

392 THE LIPE OP
The only security against this usurpation of power was
the want of raeans ; but this want involved the very dan
ger, for, while acting upon the necessity of the raeasure,
congress declared, " that in the present embarrassraents of
the federal finances, they would not hazard the perilous
step of putting arras into the hands of raen, whose, fidelity
must in sprae degree depend on the faithful payment of
their wages, had they not the fullest confidence, from au
thentic and respectable inforraation, in the raost liberal
exertions of the money-holders in the state of Massachu
setts and the other states, in fiUing the loans authorized"
for that purpose.
The suppression of the insurrection by her own mihtia,
leaves it only a subject for speculation what would have
been the consequences of an invasion, by the confederacy,
of so populous, so warhke, and then so jealous a state.
The friends of the union in New- York had in the mean
time deterniined to raake another and a final effort. The
popularity of Hamilton, it was hoped, raight have influence ;
and while General Schuyler was brought forward as a can
didate for the senate, Hamilton was put in nomination for
the asserably. 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 deraocratic party,
regarded hira as a forraidable adversary to their narrow
and selfish politics. But serious apprehensions had seized
the coraraunity as to the future. They saw in the discords
and the weakness of the confederacy the fulfilraeut 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 mer
chant, asking his influence to obtain legislative relief. In his reply he states.

HAMILTON. 393
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 caU 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 raust be well understood."
The correspondence which had recently passed on that
subject was laid before thera, 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 earUer 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 caU 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 peculiar delicacy and difliculty, 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 conciUate 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."
50

394 THE LIPE OF
justraent ofthe territorial controversies with Massachusetts
and Pennsylvania was raentioned, and the speech conchided
by calling the attention of the legislature to local topics.
The address in reply to the speech was referred to a com
mittee, of which Hamilton was a raeraber, and was reported
by hira. It was a raere 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 raotion 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 earUer period
than that fixed by law ; he at tbe sarae tirae disclaiming
aU hostility to the irapost. This motion produced the effect
which had been sought to be avoided, and called up a long
and veheraent debate. While the friends of the union
expressed in general terms a dissent frora the views of the
governor, feehng themselves in a rainority, they sedulously
endeavoured to prevent aU 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
exciteraent, and to rouse all the hostile feelings of the
states rights party. -
Tbe speaker then proposed to withdraw the motion, but
it was insisted that it could not be withdrawn. That no
Ul 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 vvith a requisition of congress on this subject
was sustained, it was irapossible to tell where it would end.
That congress raight, by repeated requisitions, perhaps once
a month, tease and weary the legislature into a compUance
with their measures ; an apprehension not exaggerated,
for such had been the practice of the forraer government.

HAMILTON. 395
Several propositions were made to get rid of the motion
for an amendment, and it was at last agreed that the cora-
mUtee should rise and report ; Colonel Harailton stating,
" that he would reserve himself on this subject until it came
again before them, when he hoped to be enabled to ofifer
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 amendraent was resisted with
great ingenuityand art. An attempt was raade to show that
silenc^ 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 efifectually 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" contera
plated by the constitution ; and as they were now ready
to approve the governor's conduct, they should have been

396 THE LIFE OP
as ready, had his course been dififerent, to have cen
sured it.
The question was then called as to the substitute, when
Harailton, who had previously spoken on the point of or
der, arose. This body was, with few exceptions, composed
of respectable individuals, who had enjoyed sraall advan
tages of education, and who regarded with jealousy all
oratorical erabelUshraent. 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 foUovring concUiatory and mod
erate tone. After a few prelirainary observations, he pro
ceeded to reraark :*
" This now leads us to exaraine the iraportant 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 appUcation of con
gress to the governor, because it was easy to perceive
that it involved a delicate dilemma. Either the governor,
frora considerations of inconvenience, raight refuse to caU
the asserably, 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 raeet with reluc
tance, and perhaps with a disposition less favourable than
might be wished to the views of congress themselves. I
saw vrith equal regret the next step of the business. If a
conference had been desired with congress, it might have
been had — circumstances raight have been explained, rea-
* All of these speeches are reported by ChUds, tjie reporter of the debates
m the New- York convention. They are very imperfect, and generaUy in the
language the reporter would himself have used.

HAMILTON. 397
sons might have been assigned satisfactory to them for not
calling the legislature. The aflfair might have been com
promised. But instead of this, the governor thought pro
per to answer by a flat denial, founded on a consJ;itutional
impediment, and an idea of the invasion of the right of free
dehberation 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 raera
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 forra very different frora 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 feU to ray lot
to be a raember of that committee ; my object stiU 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 generaUy, that the house wiU take into con
sideration the dififerent 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-

398 THE LIFE OF
ence of opinion, even in this house. I submit it to the
housed whether this was not a prudent course, and whether
it is not to be laraented that the proposed araendment
forces the discussion upon us. Constitutional questions
are always delicate ; they should never be touched but
frora necessity.
" But though I shaU 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 freedora raeet the discussion. This my duty demands
frora riie ; and whoever may be aflfected by it, I shall pro
ceed under an impression that my constituents expect from
me the free exercise of my judgraent, and the free decla
ration of ray sentiraents on the raatters deliberated upon in
this house.
" The question by the honourable meraber on my right,
has been wrongly stated. He says it is this — whether are-
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 hira under a constitu
tional necessity of convening the legislature ? But this is
not the true question. Frora the shape in which the busi
ness coraes before us, the inquiry truly is — whether a sol
eran application of the United States to the executive of
this state to convene the legislature for the purpose of de
liberating on a raatter which is considered by that body as
of essential iraportance to the nation, and which has been
viewed in a sirailar light by raost of the other states indi
vidually, is such an extraordinary occasion as left the govr
ernor under no constitutional impediment to a coraphance ?
and it raay be added, whether that appUcation, under all
the circurastances, was an atterapt to invade the freedom
of deliberation in this house ?
" Here let rae ask, what does the constitution say upon
the subject ? Siraply this — ^that the governor ' shall have

HAMILTON. 399
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 corabine, to con
stitute one ? What general rule can be iraagined by which
to define the precise meaning of these vague terras, and
draw the line between an ordinary and an extraordinary
occasion ? Will the gentleraan 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 wUl 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 erabarrassraent. It is easy to see the clause aUows the
greatest latitude to opinion. What one may think a very
extraordinary occasion, another raay think a very ordinary
one, according to his bias, his interest, or his intellect. If
there is any rule at aU, it is this — the governor shaU not call
the legislature with a view to the ordinary details of the
state adrainistration. Whatever does not faU within this
description, and has any pretensions to national iraportance
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 manageraent
of the general concerns and interests of the coraraunity —
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 caU 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

400 THE LIFE OF
the executive, upon the terras of the constitution, in con
vening the legislature. If this doctrine is raaintained,
where wiU it lead to — what kind of eraergency must exist
before the constitution wUl authorize the governor to caU
the legislature ? Is the preservation of our national faith
a matter of such trivial moraent ? Is the fulfilraent of the
public engageraents domestic and foreign of no conse
quence ? Must we wait for the fleets of the United Neth
erlands or of France to enforce the observance of them,
before the executive wiU be at liberty to give the legisla
ture an opportunity of deliberating on the raeans of their
just deraands ? This is straining the indefinite words of
the constitution to a raost unreasonable extrerae. 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
raeasures for the public safety, and at the same time inex
pedient to disclose tbe 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 coraplying with their
request, would be guilty of a violation of the constitution ?
But the present case is not that of a raere general request ;
it is specifically to deliberate upon an object of acknow
ledged iraportance in one view or another. On one hand
it is alleged to be a raeasure 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 raatter of deUcacy and moraent, and the earnest
caU of the union to have it considered cannot fall within
the notion of so coraraon, so ordinary an occasion, as
would prohibit the executive from suraraoning a meeting

HAMILTON. 401
of the legislature. The only argument urged to denomi-
natfe 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 merabers who
compose it. A large proportion of the merabers of the
present house were not merabers 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 sentiraents. No
inference, of course, could be fairly drawn frora 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 hpuse 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 thera
to do now. The act of the last session proves the con
viction of the house then, that the grant of the irapost was
an eligible measure. Many of the merabers 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 raotives which induce thera to
the grant already raade, would deterraine thera to consent
to such alterations as would accoraraodate 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 raode of proceeding submitted the whole raatter 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.
51

402 THELIFEOF
It is not contended, that he was under a constitutional ne
cessity to convene the legislature. The resolution of con
gress itself does not iraply or intiraate this. They do not
pretend to require, they only earnestly recoraraend. The
governor raight at his peril refuse ; responsible, however,
for any iU consequences that raight have attended his re
fusal. But what is contended for is, that the call of the
United States, under all circumstances, was sufiicient to
satisfy the terras of the constitution erapowering him to
convene the legislature on extraordinary occasions, and
left hira at full liberty to comply.
" The adraission of his discretion does not adrait that it
was properly exercised, nor does it adrait that the footing
upon which he placed his refusal was proper. It does not
adrait that the constitution interposed an obstacle in his
way, or that the request of congress irapUed 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 frora 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 atterapt to infringe the
freedom of deliberation ? If we are not ready to say both,
we must reject the amendraent. In particular, I think it
raust 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 freedora of our deliberations. I flatter my
self we should all have felt ourselves as rauch at liberty to
have pursued our sentiments, if we had raet upon an ex-

HAMILTON. 403
traordinary caU, as we now do when met according to our
own appointment.
"There yet reraains an iraportant light in which the
subject raerits 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 raay forra a pre
cedent of a very dangerous tendency ; we raay put a sense
on the constftution very dififerent frora the true meaning
of it, and may fetter the present oi* 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 oblige hira to act at an extrerae peril,
or to orait 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 hira 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 raere in
tiraation 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

404 THE LIPE OF
on its own merits. If he was right, our approbation will
not raake hira raore right. If he was wrong, it would be
iraproper 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
iraproper impressions, it may not be amiss to take some no
tice of thera. 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 raight raake it an engine to fatigue the
legislature into a corapliance 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
raaintain that their request on an iraportant national sub
ject, was such an occasion as left him at liberty to do it
without any colour for imputing to hira a breach of the
constitution ; and that frora raotives 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.
" Adraitting 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 frora supposing the call of the United
States, on a matter by thera deemed of iraportance, to be
an occasion sufficiently extraordinary to authorize, not to
oblige the governor to comply with it.
" I cannot forbear reraarking, that it is a coraraon artifice
to insinuate a reserablance between the king under the
forraer governraent and congress ; though no two things
can be more unlike each other. Nothing can be more dis
simUar than a raonarch, permanent, hereditary, the source
of honour and emolument, and a republican body com-

HAMILTON. 405
posed of a number of individuals appointed annually, Uable
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 wiU 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 maxiras of the same kind.
Genei-al prop^ositions of this nature are easUy fraraed, the
truth of which cannot be denied, but they rarely convey
any precise idea. To these we might oppose other propo
sitions equaUy true, and equally indefinite. It raight be
said that too little power is as dangerous as too much ; that
it leads to anarchy, and frora anarchy to despotisra. But
the question stiU recurs, what is too much or too little ?
Where is the measure or standai-d to ascertain the happy
mean ?
" Powers must be granted, or civU 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
all? " In our state constitution we might discover power Ua
ble to be abused to vei-y dangerous purposes. I shall in
stance only the council of appointment. In that councU
the governor claims and exercises the power of norainating
to all offices. This power of nomination, in its operation,

406 THE LIFE OF
amounts to a power of appointment ; for it can always be
so managed as to bring in persons agreeable to hira, and
exclude all others. Suppose a governor disposed to make
this an instruraent of personal influence and aggrandize
raent — suppose hira inclmed to exclude from office aU inde
pendent men, and to fiU the dUferent departments of the
state with persons devoted to himself — what is to hinder
him frora doing it ? who can say how far the influence
arising frora such a prerogative raight be carried ? Per
haps this power, if closely inspected, is a more proper sub
ject of republican jealousy than any power possessed or
asked by congress, fluctuating and variable as that body is.
" But as ray intention is not to instil any unnecessary
jealousies, I shaU prosecute these observations no further.
They are only urged to show the iraperfections of human
institutions, and to confirra the principle, that the possibihty
of a power being abused, is no argument against its exist
ence. " Upon the whole, let us venture with caution upon con
stitutional ground. Let us not court nor invite discussions
of tbis kind. Let us not endeavour stiU raore to weaken
and degrade the federal govemraent, by heaping fresh
raarks of contempt on its authority. Perhaps the time is
not far reraote, when we may be inclined to disapprove
what we now seem eager to coraraend, and raay wish we
had cherished the union with as much zeal as we now dis
cover apprehension of its enca-oachments.
" I hope the house wUl not agree to the araendraent. In
saying this, I ara influenced by no other raotive than a
sense of duty. I trust ray conduct wUl be considered in
this light. I cannot give ray consent to put any thing upon
our minutes which, it appears to me, we may one day have
occasion to wish obliterated from them."
The opposition was again called up, and travelled over
the sarae ground ; inveighed against the dangers of an in-

HAMILTON. 407
croachment on the rights of the people ; justified fully the
conduct of the governor ; declared that the decision of the
constitutional question was not necessarily involved, and
closed with a strong appeal to popular feeling on the dan
gers to be apprehended from countenancing such an inva
sion of the freedom of their deliberations.
Hamilton replied ; indicated more clearly the faUacy of
the arguments which had been used ; pointed out the true
construction of the language of the constitution ; warned
the house of the folly and danger of this distrust of the
powers of congress, and ridiculed the atterapt to draw an
analogy between its powers and those of a raonarchy.
" Are we not," he asked, " to respect federal decisions ?
are we on the contrary to take every opportunity of hold
ing up their resolutions and requests in a contemptible and
insignificant light, and tell the world their calls, their re
quests are nothing to us ; that we are bound by none of
their measures ? Do not let us add to their embarrassraents,
for it is but a slender tie that at present holds us. You
see, alas ! what contempt we are falling into since the peace ;
you see to what our commerce is exposed on every side ;
you see us the laughing-stock, the sport of foreign nations.
And what may this lead to ? I dread, sir, to think. Little
will it avail then to say, we could not attend to your wise
and earnest requests without inconvenience : little will it
avail to say, it would have injured individual interests to
have left our farras. These things are trifling when com
pared to bringing the councils and, powers ofthe union into
universal conterapt, by saying their call was uniraportant,
and that it did not corae under the indefinite raeaning of
' extraordinary. See, gentlemen, before you may/eeZ, what
may be your situation hereafter. There is raore involved
in this measure than presents itself to your view.
" You hear it rung in your ears that, from the resem
blance between the king and the congress of these states,

408 THE LIFE OF
it would be dangerous to corae into raeasures proposed by
thera, and adopted by every state but this. But I say there
is no danger ; it is irapossible ; the constitution, the con
federation, prevents it. Let us hear the reasoning used ; —
they have the power of declaring war and peace, and re
quest the power of raising and applying money. This, if
in a king, permanent, hereditary, and independent of the
people, would be danger ; but in an annual body chosen
frora ourselves, and liable on every turn of popular breath
to be changed, who are checked by twelve other states,
who would not stand by and see the ruin of their associ
ates, as it would involve their own, — where can be the
danger? How can a sirailitude exist between bodies so
different — as different as east frora west, as north from
south ? I regret that these things should be compared, for
there is no necessity for sounding this alarra. It is enough
the danger of republican governraents that their very na
ture tends to their destruction, because of their liability to
change." The question was then taken, and such was the force of
the governor's party, that the conciliatory substitute was
rejected by a vote of thirty-six to nine.
A few days after the address was adopted, this irritating
topic being disposed of, the friends of the irapost, however
inauspicious the prospect, indulged the hope that the exi
gencies of the country might induce a compliance with a
raeasure which had been at this tirae sanctioned by aU of
the other states, and that notwithstanding the views of the
opposition, when the final vote was taken, they would shrink
from the responsibility of placing the state in an attitude
so hostile to the confederation and leading to consequences
so portentous.
A raotion was raade for a reference of this subject to a
committee, according to the usual practice of the house,
but the speaker having avowed himself a friend of the

HAMILTON. 409
measure, and it being apprehended that the report of a
committee favourable to the irapost might have weight with
the house, an attempt was made to defeat this motion and
to refer the subject to^ a committee of the whole house.
This design was defeated, and a coraraittee was appointed
to investigate the subject, WhUe under its consideration,
Hamilton moved a reference of the laws apparently con
travening the treaty : one, relative to debts due to persons
within the enemy's lines ; the other, the much agitated
" Trespass act :" taking as the basis of this motion the letter
of the secretary of foreign affairs, and the comraunications
of the British government in relation to its violation. Of
this committee he was appointed chairraan, and he intro
duced a bill after a speech indicating the iraportance of this
measure to the state, and her obligation to remove all im
pediments to the foreign negotiations.
The following is a' brief outline of his remarks upon this
subject : He first expressed great uneasiness that any op
position should be raade to this bill, particularly as this
state was individually interested therein. He felt greater
regret frora a conviction in his own raiifd on this occasion,
fliat the bill should be objected to, as there was not a single
law in existence in this state in direct contravention of the
treaty of peace. He urged the coraraittee to pass the bill,
from the consideration that the state of New- York was
the only state to gain any thing by a strict adherence to
the treaty.
There was no other state in the union that had so much
to expect from it. The restoration of the western posts was
an object of mare than one hundred thousand pounds per
annum. Great Britain held those posts on the plea that
the United States had not fulfilled the treaty, and which
we have strong assurances she wiU relinquish on the fulfil
ment of our engagements with her. But how far Great
Britain might be sincere in her declaration was unknown.
52

410 TH i; MFE OF
Indeed he doubted it himself. But while he doubted tho
sincerity of (J reat Britain, he could not but be of opinion
that it was tho duty of this stato to enact a law for the re
peal of all laws which may bo against thc treaty, as by do
ing away aU exceptions sho would bo roducod to a crisis ;
she would bo obligod to show to thc world whether she was
in earnest or not, and whothor sho will Kacrilicc iior honour
and reputation to her interest. With respect to the bill, as
it was drafted in conformity with the rocommendalion of
congress, ho viewed it as a wIho and salutary measure ;
one calculated to meet the approbation «f the difl'oronl
states, and most likely to answer the end proposed. Wore
it possible to examine an intricate iim/.o of laws, and to
determine which of them or what parts of those laws wore
opposed to the treaty, it still might not have tiie intended
efliect, as diflibrent parties would havo tbe judging of the
matter. What ono would say was a hiw not inconsistent
with the Irealy of piuieo, another niif;;ht say was so, and
there would be no end. no decision of tlu; business. Even
sorae of the states raight view laws in a ilinbrent manner.
The only way to comply with the treaty, was to make a
general and unoxee])tionablo repeal. Congress, with an
eye to this, had proposed a general law, frorawhich the
one before them was a copy, llo tliDugiit,, as it was ob
vious to every member of the eonimittce, that an there
was no law in direct opposiliiui to the treaty, no difHculty
could arise from passing tho bill.
Some gentlemen, he observed, were apprehensive that
the bill would restore confiseated estates. This he did
not adrait. However, if tluiy wwv. so disposed, they
raight add a proviso to f)revent it. Uv had written one,
which any of the gentlemen might move, if lliey thought
necessary. In his opinion it wa.s not necessary. Thc bill
only provided that no future confiscations should take
place, and that congress should curiw.itly i-ccommcnd a

HAMILTON. Ill
restoration of property. But there was nothing obliga
tory in this.
If tills stato should not como into tho measure, would
it not bo a very good plea for tho otiier states to favour
their own citizens, and .say. why should wo do thus, when
Now-York, tho most interested of any of thc states, refuses
to adopt it ? And shall wo sutler this imputation, when
wo havo in fact no laws that militate against the treaty ?
Ho stated the great disadvantages that our merchants
cxperioneoil from Iho western posts being in tho hands of
the British, mul asked if it was good polioy to let tiiem re
main so.
It had boon said that tho judges wotdd havo too much
power. That was a niisapprohonsion. IIo stated the
powers of tho judges with great eleaxness and precision.
Ho insisted that their powers would be the same whether
fliose laws passed or not; for as all treaties wore known
hy the constitution as the Inws of the land, so must the
judgi\s act on thom, any law to thc contraiy notwithstand
ing. Cicero, the groat Rommi orator and lawyer, lays it down
as a rulo. that when tvvo laws elash, that which i-elates to
thc most important niattors ought to be pvei'erred. If this
rulo prevail, who can doubt what would be the eonduct
of tho judjivs, should any laws exist inconsistent with tlie
ti-catv of peace >. But it would be impolitic to leave ihem
to tho dilemma either of infringinii' tiie treaty to enforce
the particular laws of the stale, or to explain away the
laws of the stato to give eflect to the treaty.
He declared that .the full operation ofthe bUl would be
no more than nieroly to declare the ireat>- the law of the
land ; and that the jiidi;;os viewinj; it as such, shall do away
all laws tliat may appear in direct contravention of it.
Treaties wei-i^ known constitutionally to bo the law of tiie
land, and why be afraid to leave the interpretation of those

412 THE LIFE OF
laws to the judges. The constitution knows them as the
interpreters of the law. He asked if there was any mem-
ber of the coraraittee who would be willing to see the first
treaty of peace ever made by this country violated?
This he did not believe. He could not think that any
member on that floor harboured such sentiraents. He was
in hopes that the committee would agree with him in opin
ion, and give a proof of their attachment to our national
engageraents by passing the bill, which would do away
every exception of the British court." This exposition
overcarae every objection, and this iraportant act passed
the house, but foU in the senate.
At the coramencement of thc session he was appointed
chairman ofthe committee on expiring laws, to report which
should be continued, and also such new laws as they should
conceive would be beneficial to the state. In the perform
ance of this duty his mind was directed to a great variety
of topics. The first matter of local interest which called
forth his exertions, was an " act to regulate thc elections" of
the state. This act not only involved several important
principles, but had a special bearing on its political charac
ter. Its details have not enough of general interest to
warrant their introduction in this place. It is sufficient to
reraark the singular inconsistency evinced on this occasion
in the conduct of the opponents to the power of the gene
ral government, who clairaed thc exclusive merit of pro
tecting the liberties of the state.
On questions which arose involving the highest consti
tutional principles, while Hamilton and his friends were
foreraost in resisting all atterapts to explain away the state
constitution, and to abridge the freedora of elections, and
were endeavouring to maintain a complete and full tolera
tion of religious opinions, the state party was found advo
cating measures tending to the most dangerous consequen
ces. They opposed a mere request of congress for conve-

HAMILTON. 413
/
ning the legislature of the state, as threatening danger to the
freedom of deliberation, and they proposed a test not sanc
tioned by its constitution. They refused a grant of power
necessary to the existence of the union, as dangerous to
the hberties of the people ; and they sought to violate the
constUution of their state, by restraining the free exercise
of the right of suffrage — the first principle of all free insti
tutions — -the sovereignty of the people.
One proposition was to enable the inspectors of the elec
tions to take aside every UUterate person, and exaraine him
privately, respecting his ballot. Against this, Hamilton
took a decided stand, showing the danger of an improper
influence being exercised, and the probability that the
leaning of the inspectors would produce an improper bias ;
contending that " it was better that the iUiterate should
talce the chance of imposition frora parties equally active,
than to leave them subject to party views, concentred in
inspectors, upon whom the fate of the election depended.
That it was wholly contrai-y to the very genius and inten
tion of balloting, which means, that a man's vote should be
secret, and known only to himself; but by this proviso he
was not merely permitted, he was obliged to discover his
vote, thus depriving the unlettered person of that liberty
which his more instructed fellow-citizen bad secured to
him. These reasons, he hoped, would be deemed suflScient
to induce the house to reject the clause, as repugnant to
the genius and liberty of our republic." He prevailed.
Another clause authorized the inspectors to impose an
oath of abjuration of ecclesiastical as well as civU obedi
ence, which was defended by the leader of the democratic
party, on the ground that this distinction was warranted
by the constitution. HamUton declared " tl)at the consti
tution was their creed and standard, and oOght never to
be departed from, but that its provisions had not been cor
rectiy understood ; tiiat there were two dififerent bodies

414 THE LIFE OP
in the state to which the proposition had reference. These
were the Roraan CathoUcs who were already citizens, who
were bom araong us, and those coraing from abroad. That
frora foreigners wishing to be naturalized, the abjuration
of their forraer sovereign raight be required for reasons
which do not exist on the part of the person bom and ed
ucated here, unencumbered with that dangerous fanaticism
which terrified the world some centuries back, but which
is now dissipated by the light of philosophy. These acts
are therefore no longer necessary, for the dangers are now
only imaginary, and are void of existence, at least with
respect to us, the object being to exclude Roman Catho
hcs from their right of representation.
He animadverted on the littie influence possessed by the
pope in Europe — spoke of the reformation going forward
in the German empire, and of the total independence of
the French church, and corapared the requiring of oaths
of this nature, to the vigilance of thbse who would bring
engines to extinguish fires which had long subsided. He
observed, also, that the Roman Catholics were not the only
society affected — that sorae ofthe Dutch Reforraed church
es held a species of ecclesiastical foreign jurisdiction ; he
aUuded to the classes of Arasterdara. " But," he asked, '
" is the natural subject, the raan born araong us, educated
with us, possessing our habits, possessing our manners,
with an equal ardent love of his native country, to be re
quired to take the same oath of abjuration ? What has he
to abjure ? He owes no fealty to any other power upon
earth. There is no probabUity that his mind wiU be led
astray by bigotry or foreign influence. Then why give
hira cause of dissatisfaction, by bringing forward a test
which will not add to his fidelity ?" '
He stated that the clause in the constitution confined the
test to foreigners, and that it was adopted after much de
bate, and by a sraall raajority, and that even as to them, he

HAMILTON. 415
questioned whether the test ought to be proposed. That
he was decidedly against going so far as to extend it to ec
clesiastical matters. " Why should we wound Jhe tender
conscience of any man ? and why present oaths to those
who are known to be good citizens ? why alarm them ?
why set them upon inquiry that is useless and unnecessary ?
You give them reason to suppose that you request too
much of them, and they cannot but refuse compliance.
" The constitution does not require such a criterion to try
the fidelity of any citizen. It is solely intended for aliens
and foreigners, coraing from abroad with manners and
habits different from our own, and whose intentions are
concealed. The oath should be confined to civil matters.
It is aU that we ought or can require. A man wiU not
then be alarmed in his interpretation. It will not set his
mind to inquire if his religious tenets are affected, and rauch
inconvenience would be avoided. We should be cautious
how we carry the principle of reiijuiring and raultiplying
tests upon our fellow-citizens, so far as to practise it to
the exclusion or disfranchisement of any." The clause
was, nevertheless, in part retained.
A further provision was proposed, excluding pensioners
and officers holding under congress, frora seats in the
senate and asserably. This clause gave rise to the discussion
of a most important question, whether the legislature pos
sessed the power of abridging the constitutional rights of
the people.
:, By the state party it was contended, that whUe the con
stUution protected the rights of the electors, it was silent as
to the elected, and that therefore the legislature had the
right to annex quahfications to the elected.
Colonel Hamilton observed, " that they were going on
dangerous ground ; that the best rule to follow was the
rule of the constitution,, which it would be safest to adhere
to without alteration or addition. If we once depart from

416 THELIFEOF
this rule, it is impossible to see where we would end.
To-day, a majority of the persons sitting here, frcmi a par
ticular mode of thinking, disqualify one description of men ;
a future legislature, from :i particular mode of thinking on
another point, disqualify another set of men. One pi-ece-
dent is the pretext of another, till we narrow tho ground
of qualifications to a dog roe subversive ofthe constitution.
It is impossible to suppo.se thai tiie convention who framed
the constitution wore inattentive to this point. It is a mat
ter of too much importance not to have been well considered.
" They have fixed the qualification of electors with pre
cision. They have defined those of senator and governor,
but they have been silent as to thc qualifications of mem
bers of assembly. It may be said that, being silent, they
have left the matter to the discretion of the legislature.
But is not the language of the framers of the constitution
rather this — We will lix the qualifications of electors ;
wc will take care that persons absolutely indigent shall be
excluded ; we will provide that thc right of voting shall be
on a broad and secure basis, and we will trust to the dis
cretion of the electors themselves the choice of those who
are to represent lliein in assembly?
" Every qualification implies a disqualification. The per
sons who do not possess the qualification required, become
ineligible. Is not this to restrain the freedom of choice
allowed by the constitution to the body of electors ? An
improper exercise of this liberty cannot constitutionally be
presumed. Why, therefore, should wo circumscribe it
within limits unknown to the constitulion? Why should
we abridge the rights of- any citizens in so important an
article ? By thc constitution, every citizen is eligible to a
seat in the assembly. If we say certain descriptions of
persons shall not be so eligible, what is this but to deprive
aU those who fall witliin that description, of an essential
right allowed them by the constitution ?

HAMILTON. 417
" If we once brealj the ground of departing from the sira
ple plan of the constitution, it may lead us much farther
tlian we intend.
" From the prevalency of a certain system, it is now
proposed to exclude all persons from seats who hold oflRces
under congress ; the pretence is, to guard against an im
proper influence. I may think another species of influ
ence more dangerous. To preserve consistency, we should
declare that no member of congress should hold a seat.
For, surely, if it be dangerous that the servants of congress
should have a seat in this house, it is more dangerous that
the members themselves should be allowed this privi
lege.* " There are officers who have been wounded in the ser
vice, and who now have pensions under the United States
as tiie price of their blood ; would it be just, would it not
be cruel on this account to exclude men from a share in
the administration of that government which they have at
every hazard contributed to establish ? From the silence
of the constitution, it is inferred that it was intended to
leave this point to the discretion of the legislature. I ratber
infer that the intention of the constitution was to leave the
qualifications of their representatives wholly to the electors
themselves. The language of the constitution seems to be
this : Let us take care that the persons to elect are pi-o-
perly qualified ; that they are in such a situation in point
of property as not to be absolutely indigent and dependent,
and let us trust to them the cai-e of choosing proper per
sons to represent them.
•• I hold it to be a maxim which ought to be sacred in
our form of government, that no man ought to be deprived
of any right or privilege which he enjoys under the consti-
• John Lansing and John Haring were recently appointed by the legia.
Uturc in whicli tlioy liad seats dologalos to congress.
53

418 THE LIFE OP
tution, but for sorae offence proved in due course of law.
To declare qualifications or disqualifications by general
descriptions in legislative acts, would be to invade this im
portant principle. It would be to deprive, in the gross, all
those who had not the requisite qualifications, or who were
objects of those disqualifications, of that right to a share in
the administration of the republic which the constitution
gives thera ; and thus, without any offence, to incur a for
feiture. As to the objection that the electors might even
choose a foreigner to represent thera within the latitude
of the constitution, the answer is, that coraraon sense
would not tolerate such a construction. The constitution,
frora the fundaraental policy of a republican government,
must be understood to intend citizens.
" Let us pursue the subject a little further. Comraerce,
it will be admitted, leads to an increase of individual pro
perty. Property begets influence. Though a legislature,
coraposed as we are, will always take care of the rights
of the raiddling and lower classes, suppose the majority
of the legislature at a future day to consist of wealthy men,
what could hinder thera, if the right of innovating on the
constitution be admitted, frora declaring that no man not
worth ten thousand pounds should be eligible to a seat in
either house? Would not this introduce a principle of
aristocracy fatal to the genius of our present constitu
tion? " In making this observation, I cannot be suspected of
wishing to increase the jealousy already sufficientiy high
of raen of property. My situation, prospects, and connec
tions, forbid the supposition ; but I raean honestiy to lay
before you the dangers to which we expose ourselves, by
letting in the principle which the clause under considera
tion rests upon. I give no opinion on the expediency of
the exclusion proposed. I only say, in ray opinion, the
constitution does not perrait it ; and I shaU be against any

HAMILTON. 419
qualification or disqualification, either of electors or elect
ed, not prescribed by the constitution.
" The qualifications both of the electors and the elected
ought to be fundaraental in a republican form of govern
ment, not Uable to be varied or added to by the legislature,
and they should for ever remain where the constitution
left them. It is to be lamented that men, to carry some fa
vourite point in which their party or their prejudices are
interested, will inconsiderately introduce principles and
precedents which lead to successive innovations destruc
tive of the liberty of the subject and the safety of the gov
ernment.'' The clause was stricken out.
The candour, the simplicity of his truth, and the strict
regard to the liberties of the citizen displayed on these oc
casions, entered deeply into the raind of the house, and
every question where state pride was not concemed, or offi
cial infiuence not exerted, he carried by a large raajority.
He opposed with great force an amendraent of the senate,
making a hostile discrimination as to persons who had been
engaged in privateering during the war, on the ground that
^1 legislative disfranchiseraents were unconstitutional. " In
one article of the constitution it is said — No raan shall be
disfranchised or deprived of any right he enjoys under the
constitution, but by the law of the land or the judgment of
his peers. Some gentlemen hold that 'the law of the
land' wiU include an act of the legislature ; but Lord Coke,
that great luminary of the law, in his comment on a simi
lar clause in Magna Charta, interprets the law of the land
to mean presentment, and indictraent, and-prdcess of out
lawry, as contradistinguished from trial by jury.
"But if there were any doubt upon the constitution, the
biU of rights enacted in this very session removes it. It is
there declared that no raan shall be disfranchised or de
prived of any right but by due process of law or the judg
ment of his peers. The words ' due process,' have a pre-

420 THELIFEOF ,
cise technical import, and are only appUcable to the pro
cess and proceedings of the courts of justice. They can
never be referred to an act of the legislature.
" Are we willing then to endure the inconsistency of pass
ing a biU of rights, and coraraitting a direct violation of it
in the sarae session ? In short, are we ready to destroy its
foundations at the raoraent they are, laid ?
" When the discrirainating clauses admitted into the bill
by this house were introduced, he was restrained by mo
tives of respect for the sense of a respectable part of the
house, from giving it any other opposition than a simple
vote. The limited operation they would have, made him
less anxious about their adoption, but he could not recon
cile it to his judgment or feelings to observe a like silence
on the araendraent proposed by the senate. Its operation
would be very extensive ; it would include alraost every
man in the city concerned in navigation during the war.
"Let us, then, distinct frora constitutional considerations,
consider the expediency and justice of the clause. The
word privateer is indefinite, and may include letters of
marque. The raerchants of this city during the war, ge
nerally speaking, raust abandon their raeans of livelihood or
be concerned in navigation. If concerned in navigation,
they must of necessity have their vessels armed for de
fence. They would naturally take out letters of marque.
If every owner of a letter of marque is disfranchised, the
body of your merchants will probably be in this situation.
Is it politic or wise to place thera in it? Is it expedient to
force by exclusions and discrirainations a nuraerous and pow
erful class of citizens to be unfriendly to the government ?
" He knew raany individuals who would be comprehend
ed, who are weU affected to the prosperity of the country,
who are disposed to give every support to the govern
ment, and who, sorae of thera at least, even during the
war, had raanifested an attachment to the Araerican cause.

HAMILTON. 421
But there is one view in which the subject merits consider
ation, that must lay hold on all our feelings of justice.
By the maritime law, a majority of the owners have
a right to dispose of the destination of the vessel. The
dissent of the minority is of no avaU. It may have hap
pened, and probably has happened in many instances, that
vessels have been eraployed as privateers, or letters of
marque, by a raajority of the owners contrary to the sense
ofthe minority.
" Would it be just to punish the innocent with the guilty,
— to take away the rights of the minority, for an offence
committed by the majority without their participation, per
haps contrary to their inclinations ? He would mention a
further case, not equally strong, but of considerable force,
to incline the house against the amendraent. He had been
informed that in one or more instances during the war,
some zealous people had set on foot subscriptions for fit
ting out privateers, perhaps at the instigation of the Brit
ish govemment ; and had applied to persons suspected
of an attachment to us to subscribe, making their com
pliance a test of their loyalty. Several individuals weU
disposed to our cause, to avoid becoraing the objects of
persecution, had coraplied ; would it ngt be too rigorous to
include them in so heavy a penalty ?
" It raay be said they were guilty of a culpable want of
firraness. But if there are any of us who are conscious
of greater fortitude, such persons should not on that ac
count be too severe on the weaknesses of others. They
should thank nature for its bounty to thera, and should be
indulgent to huraan frailty. How few are there who would
have had strength of mind enough in such circumstances
to hazard, by a refusal, being marked out as the objects of
military resentment !
, " I hope, as weU from motives of justice as a regard to
the constitution, we shaU stop where we are, and not go

422 THE LIFE OF
any farther into thc dangerous practice of disqualifying
citizens by general descriptions."
" Though," a member replied, " he held Colonel Hamil-
ton in high estimation, and had a very great respect for
his candour, abilities, and knowledge of mankind, yet he
believed him rauch mistaken. He laid it down as a maxim,
that the man who was once an enemy will always remain
so. It was prudent to guard against adraitting these peo
ple to a participation of the rights of citizens. He would
not operate on those who had taken up arms unwillingly.
The exclusion was constitutional, because the constitution
must warrant every thing necessary for its own support."
He appealed to that section of it which prohibited attain
ders, except for criraes comraitted during the war.
HamUton denied the distinction, and explained the inten
tion and meaning of this clause of the constitution. He
defined acts of attainder, " as laws confiscating for treason
and misprision of treason aU the property and estate of
the attainted traitor, and forfeiting his life unless he ap
peared to take his trial." This was the construction of it
by the country from which we derive our knowledge of
jurisprudence, and he believed no example could be ad
duced, wherein it had been extended or appUed in any
other raanner. He was positive it could not be exercised
to disfranchise a whole jjarty ; for this obvious reason, that
it would involve the innocent with tho guilty. This clause
in the constitution was only intended to apply in jiarticular
cases, where an exception to thc established mode of com
mon law became necessary by the persons absenting
themselves, and did not apply to thc subject before the
house. Precedents of this kind laid thc foundation for the
subversion of the liberties of thc people. He hoped they
would not be established." lie again prevailed.*
* Nays 32 to 21.

HAMILTON. 423
It has boon stated that in the year seventeen hundred
and eighty-two, while Hamilton was continental receiver,
ho had digested a system of taxation, the great object of
which was to exclude arbitrary valuations ; that he also
had sought to engraft tho same principle in the continental
revenue system, framed in tho following year.
Having been placed on the committee of ways and
means, he now brought forward and enforced at much
length similar views. His great objects were to substitute
a mode by which every individual could himself estimate
what ho had to pay, without being dependent on the ca
prices, thc atVoctions, or the enmities of another ; and to
approximate as near as possible to certainty and equality,
tho two great objects to bo aimed at in every systera of
taxation. One of tho clauses of tho bill raising taxes deviated from
a general and safe principle. It proposed a tax on certain
legal instruments, and was objected to because it was pai*-
tial in its ojieration affecting the members of the law.
Hamilton declared his opinion, " that it was not proper to
tax any particular class of men for the benefit ofthe state
at large ; but in tlie pi-oscnt instance it was to answer a
very important purpose. It was putting in force that raost
oxcellent part of the constitution, which declares that the
judges should bo independent of thc legislature. This, at
preseut. was not tlio ca.so. Ho therefore supported the
paragraph, observing that the salaries of the judges should
he permanoiit ; that they should neither feoi- tiie powers
nor court tho favour of tiie legislature. He believed it
was right that this independence should ai-ise frOm tiie tax
proposed." lie succeeded in sustaining this provision, but
the [dan, after a very fuU consideration, was defeated by
a small innjority.
A discussion arose upon the objections of the council of
i-cvision to a bill for settling intestate estates, proving wiUs,

424 THE LIFE OF
and granting letters of administration. Jones advocated
the enactraent of the law. Harailton, after stating that he
should probably vote with him, remarked, " that he did not
view the matter in quite so clear a light as that gentieman
appeared to do. There appeared to him to be difficulties
in the case, which he would candidly lay before the house
to assist its judgment.
" The objection is, that a new court is erected, or an old
one invested with a new jurisdiction, in which it is not
bound to proceed according to the course of the common
law. The question is, what is raeant in the constitution by
this phrase, ' the coramon law ?' These words have, in a
legal view, two significations — one more extensive, the
other raore strict. In their raost extensive sense, they
coraprehend the constitution of all those courts which were
established by iraraeraorial custora ; such as the court of
chancery, the ecclesiastical court, &c. ; though these courts
proceed according to a peculiar law.
" In their more strict sense, they are confined to the
course of proceedings in the courts of Westminster, in
England, or in the suprerae court in this state. If the words
are understood in the first sense, the bill under consider
ation is not unconstitutional. In the last it is unconstitu
tional, for it gives to an old court a new jurisdiction, in
which it is to proceed according to the course of the com
mon law in this last sense. And to give new jurisdiction
to old courts, not according -to the course of the common
law, is, in my opinion, as rauch of an infringeraent, in sub
stance, of this part of the constitution, as to erect new
courts wifh such jurisdiction. To say the reverse, would
be to evade the constitution.
" But, though I view it as a delicate and difficult question,
yet I ara inclined to think that the raore extensive sense
may be fully adopted, with this limitation — that such new
jurisdictions must proceed according to the course of those

HAMILTON. 425
courts, having, by the comraon law, cognizance of the sub
ject matter. They ought, however, never to be extended
to cX)jects which, at common law, belonged to the jurisdic
tion of the courts at Westminster, and which in this state
are of the peculiar cognizance of the suprerae court. At
common law, the ecclesiastical courts, not the courts of
Westminster, had cognizance of intestacies and testament
ary cases. The biU proposes that the court of probates
shall have cognizance of the sarae causes and proceed in
the sarae manner as the ecclesiastical courts, except as to
inflicting ecclesiastical penalties. The distinction I have
taken wiU, I am inclined to think, bear us out in passing
the bill under consideration. But it is certainly a point
not without considerable difficulty." The biU was passed.
If the precise and profound knowledge of the great prin
ciples of jurisprudence here evinced, comraands the respect
of that iraportant class of men whose profession educates
and constitutes them the guardians of human rights, his
tolerant spirit more attracts the commendation of aU those
who justly value freedom of conscience, without which the
law is chiefly known by her fetters and her scourge.
In the question, the solemn question, " Why should we
wound the tender conscience of any man ?" the sternest
1-ebuke is giveri to him who would control religious opinion
by the secular arm, as if man had any power over the soul
of man. Nor is it less pleasing to remark the caution and
the heart with which he watched over the rights of the
numerous and less favoured body of men. In the statute
regulating elections, it is the poor and " the illiterate" elect
or who is to be protected, as well as " his more instructed
feUow-citizen," in the right of suffrage, and in the right
of choosing as his representative whora he pleased ; that
right to be enjoyed as the constitution gave it, not to be
infringed by any legislative act, but to be judged by the
law of the land " in its due process." 64

426 THE LIPE OF
As a matter aflfecting the poor, he prepared a bill to
regulate the circulation of copper coin, founded on a re
port which showed a depreciated copper currency, and
framed a resolution directing the delegates in congress to
move for an alteration in the ordinance as to the mint, so
that the copper coin should not pass for raore than the ac
tual value of the copper and the expense of coinage.
While discussing an act to exerapt from imprisonment
the smaUer classes of debtors, his only apprehension was,
that this exemption would prevent the poor from obtain
ing assistance frora the rich. " He would wish," he said,
" that every raan in distress would raeet relief — he would
enter into any raeasure that would effect this purpose.
But the clause as it stood, was not proper ; it might be
right to say what shall be done in respect to future con
tracts, but it would be wrong to raeddle with the past."
The law to dirainish the expense of the coUection of
sraall debts, and those in relation to the descent and dis
tribution -of property, are all in a sirailar equal spirit.
At the previous session, an act had been passed abolish
ing entails, and dividing the inheritance in equal parts
araong the lawful issue of the intestate. This principle
was now extended to personal property, with an equitable
reference to previous settleraents or advances. Freehold
ers were, by another act, erapowered to alien at their
pleasure, and the feudal badges abolished ; all charges in
cident to wardships, Uveries, values, and forfeitures of mar
riages being taken away, and the tenures so held, turned
into free and coraraon socage. Lands exerapt in other
states were here made Uable to be sold by executions for
debt, and the process in personal actions was simplified.
Having thus given the law a free course, he drafted an
act of bankruptcy.
Criminal jurisprudence was also an object of his atten
tion. While he sought to secure the rights of society, a

HAMILTON. 427
spirit of lenity marked his course. He introduced an act
for the speedy trial of smaU oflfenders, and while condemning
the severity of sorae of the pehal laws of England, he sus
tained those which had in view the protection of the sub
ject from arbitrary power. The law of treason was de
fined, by declaring it to consist only in levying war against
the people of the state, or in adhering to their enemies,
giving them aid and comfort. It must be established " by
good proof of open deed," and no person could be indicted
for or convicted of it except ori the oaths of " two lawful
witnesses," or upon confession " without violence, in open
court." The various other crimes in their successive gradations
were also defined' and their punishment prescribed. Araid
the disorders foUowing a revolution, frequent violations of
personal liberty would take place. To reraedy this great evil,
a bill was passed to prevent delays in obtaining the evasion
of the writ of habeas corpus, entitled " An act for the bet
ter securing the liberty of the citizens of the state."
Litigation had becorae rife, and there was a violent cla
mour against the merabers of the bar, by the many against
whom the arm of justice was raised. A bill was brought
forward to reduce their compensation : with the respect
due to the profession of which he was a member, and with
a discriminating regard to the true interests of the pubhc,
he resisted it as a mere lure for popularity, and demon
strated the folly of reducing their compensation below a
feasonable standard. With the sarae regard to justice, he
earnestly opposed a proposition which had been made in
a former legislature, and was now renewed, for a discrimi
nation between the different classes of the public creditors,
and urged a general and equal provision for thera all.
"The state," he declared, "ought to give all the relief pos
sible to every class of public clairaants. There should be
no discrimination with respect to possessors of certificates.

428 THE LIFE OF
There was no propriety in a partial relief; justice should
alike be administered to aU." Thus, in a session of the
legislature the raost distinguished in the annals of this state,
he is seen usefully eraployed in guarding against excess of
every kind, and in a revisal and cautious modification of
most of the great statutes fundamental to its poUty.
Had a desire for personal distinction influenced him, in
stead of this careful observance of ancient landmarks and
established precedents, the social systera raight have been
disturbed to gratify the arabition of being the author of a
code ; but his was of another kind.*
At this tirae was also passed an act for the encourage
ment of navigation by steam, and thus an incitement was
given to discoveries which forra an era in the annals of
this country. This was ^ also an epoch in another branch
of legislation, which raust largely and happUy control its
future destinies.
The proposed provisions in the law governing elections
for the protection of the rights of UUterate persons, show
the want of education at this tirae. The eril was one of
an extent and raagnitude worthy the cares of a statesman
employed in laying the foundations of an erapire.
When studying closely, as Harailton had done, the intel
lect of the ancient world, while the wonderful advances it
had raade with its feeble aids attracted his adrairation, the
pervading defect of its polity could not have escaped his
observation. Its institutions were for the few ; the pro
gressive nature of society was overlooked, and hence their
frequent and sudden, violent and total subversion. A sys
tera of general education was unknown, and consequently
when the civilized world was overrun, forming no part

* It would be a great injustice to omit the name of Samuel Jones as a chief
coadjutor in this important duty. To his ^ofound learning, this state is
much indebted as a xeviser of its laws.

HAMILTON. 429
of the state, learning was buried araid the ruins of empires,
or was compelled to take refuge in the cloister. Emerg
ing from this asylum by slow degrees, it carae into a rude
world, obscured by the dogmas of the contending sects,
which, admitting the theory, refused the right of free in
quiry, and at the same time assumed th^ high office of
teaching nations.
The United States being settled at this time, felt these
influences, and the early colonies, in their religious preju
dices, and political speculations, exhibit conspicuously the
coexistence of the most adverse principles ; in "questions
of faith, a narrow tyranny ; in questions of govemment, the
largest liberty. With the distinguished exception of parts
of New-England, the only education proceeded frora reli
gious endowments; a happy provision for a people too
poor and sparse to educate themselves. But '.these endow
ments were inadequate to the purpose.
Hamilton resolved to supply this deficiency ; guarding
against sectarian or other influences foreign to it, he de
termined to buUd up a great system of pubhc instruction
upon comprehensive principles ; to make it so essential a
part of the public policy, that it would endure through
every change of government ; to render it by habit a want
of society, a necessary part of its aliraent that raust and
will be satisfied.
His first great object was to place a book in the hand
of every Araerican child. As, in his enlarged views, each
branch of knowledge had its place and value in reference
to the various natural indications of the mind, the next
was to provide for each individual, and each degree and
variety of talent, a progressive culture. Thus, from the
broad basis of common education was to rise in due gra
dation a system of order and of beauty, to be cemented
with, to pervade, to sustain, to overarch, and to embellish
the whole moral and political frame of society.

430 THE LIFE OF
Only one literary foundation of magnitude existed in
the colony of New- York, known as King's College ; an
endowraent by the church of England in the year seven
teen hundred and fifty-four, on condition of conformity
with its tenets. This college was dispersed at the begin
ning of the revolution. Its professors fled, its hbrary
was plundered, and the edifice, which had been occupied
by the British soldiery, alone remained. In the interior
of the state the few schools which had been sustained by
private resources were abandoned ; a fact of raoraent to
show the character of the generation which grew up du
ring this civil war. Soon after the peace, the attention
of the legislature was directed to this subject, and in May,
seventeen hundred and eighty-four, an act was passed to
create a university, of which the great officers of the
state, with twenty-four others to be appointed by the gov
ernor and council of appointraent, and one to represent
the clergy, were constituted the regents, upon whom was
conferred the governraent and visitation of the colleges
and schools that should be estabUshed. This act also
provided, in addition to the regents appointed by the state,
that every religious society might institute a professorship,
and that every founder of a college or school raight elect
a representative, who, with the president of each instUu-
tion, was to be a raeraber of the board of regents, of which
all professors, tutors, and feUows, were also to be members
in virtue of their offices.
Thus, the control of education would soon have been
wrested from the state, and would have passed into the
hands of those either least apt to detect, or most interested
in concealing abuses, and who would not have kept pace
with the advances of society. This act also violated a
great principle of justice, despoiling King's College of its
property and vesting it in the university. At the next
meeting of the legislature an amendatory act was passed,

HAMILTON. 431
which extended the error of the original law by giving
to the clergy of each denomination the right of represen
tation in the regency. It also constituted a new board of
regents, of which Hamilton was appointed a raember.
No beneficial results were attained by this legislation;
the college languished, and the severe blow which it had
received by the violation of its charter left Uttie prospect
of its renovation, while the precedent would deter other
simUar efiforts of munificence. It also essentially deriated
from HamUton's views, which contemplated a state estab
Ushment for pubhc instruction, excluding aU clerical and
indiridual influence.
Soon after the excitement which had arisen at the
opening of the session was quieted, he introduced " an
act to institute a university, and for other purposes."
This act repealed the previous laws, and established a
university by the style of the " Regents of the LTniversity
of the State of New- York ;" who were incorporated with
perpetual succession, with power to hold property yielding
a limited income. It provided, that there should be al
ways twentv-one regents, "of which the governor and
lieutenant-governor of the state, for the time being, were
alwavs, in virtue of their ofiices, to be two ;" and it ap
pointed the other regents by narae, who, with all future
regents, were to continue in place during the plejisure of
the legislature, which was to supply vacancies. Thus, it
was hoped that the supervision of education would not be
perverted to party purposes.
The regents were to be convened by the govemor, in
the first instance, and were to elect a chanceUor and vice-
chanceUor, to hold their oflSces during their pleasure.
The regents were constituted the visiters of all the col
leges and academies of the state, with the duty of visiting
every coUege once in each year. They were enjoined to
meet annually at the seat of government, to report the state

432 THE LIFE OP
of education and discipline to the legislature, with power to
supply vacancies occurring in the offices of presidents of
the colleges, or of the principals of the acaderaies, through
the neglect of their trustees. They were also to confer de
grees, to apply their funds at their discretion, " in a raan
ner raost conducive to the proraotion of useful knowledge
within the state," and to authorize the founding of colleges
and academies by individuals, the trustees of which, whose
nuraber was defined, after a declaration under the common
seal of the regents to that effect, became incorporated
with perpetual succession, but always subject to their visi
tation. The annual revenue of the acaderaies was also liraited.
The scholars educated in those, whose plan of education
should be approved by the regents, were entitled, upon
exaraination, to be adraitted into either college.
Provisions were made for the government of these
acaderaies by their trustees, and for their elevation to the
rank of a college when deeraed expedient by the regents.
No president or professor was to be inehgible by reason
of his religious tenets — all test-oaths were prohibited. No
professor or tutor could be a trustee of any of these es
tablishraents, nor could any presiding officer have a vote
as to his salary, nor were any of the officers or founders
of these institutions eligible as regents of the university.
These were the general provisions of this important act.
It also repaired the wrong to King's College, ratifying its
charter under the previously selected narae of Columbia
CoUege, expressly abrogating all provisions in it requiring
test-oaths or declarations of religious conforraity, liraiting
the nuraber of the trustees, when reduced by death or re
signation, to twenty-four persons, who were vested with
the original property of the college. By this systera, all
the seminaries of instruction became a part of the univer
sity, and were subject to its visitation. Every institution

HAMILTON. 433
had a government of its own, and a strong inducement to
improvement was held out to each academy, by the prom
ise of advancement to the rank of a coUege.
The privilege to the scholars of academies of admission
into the coUeges, would secure a uniformity- of discipUne and
of education, and, that which Hamilton deemed ofthe great
est importance under a popular government, every founda
tion of learning was secured from legislative interference
by a perpetual charter.
Justly as New-York may boast her provision for the ed
ucation of her citizens, yet from a want of perseverance
and comprehensive energ}- in its administration, this im
portant act has not yet produced aU the beneficial results
anticipated by its author.
It is only by a comparison of his system with those of
the autocratic monarchies of Europe, and of their success
in extending and raising the popular inteUigence, that a
just estimate can be formed of its merits.
Thus viewed, it wiU be deemed not a Uttie remarkable
that HamUton should have anticipated, by a bold effort of
his genius, a plan of pubUc instruction that wiU bear com
parison with tiiose which in Europe have been the results
of long usage, and of successive acts of legislation, at last
moulded into a form that would seem not to be suscepti
ble of improvement.*
While his mind had been in part occupied -with these
various subjects of interest, his thoughts were chiefly di
rected to the great object which had induced him to accept
a seat in the assembly. Would New- York stiU obsti
nately withhold from congress the power of raising a na
tional revenue, was the question he resolved to determine.
• It is stated that the imperial decree of Maich, 1S08, must, ftran its anal
ogy with thisbw, hare been "seen and copied "by the statesmen of France.
—Am. Qr. Rev. t. 6, p. 145.
55

434 THE LIFE OF
Every effort having been made to irapress on the raem
bers of the legislature the necessity of granting the irapost
upon terms which would be accepted by the other states,
a final action on this measure took place on the fifteenth
of February.
After adverting to the discrepancy of the votes which
had been given on the different clauses of this bill, Hamil
ton observed : —
" It is a comraon practice upon the discussion of an im
portant subject, to endeavour to conciliate the good-wiU of
the audience to the speaker, by professions of disinterested
ness anti zeal for the public good. The example, however
frequent, I shaU no farther iraitate than by raaking one or
two general observations. If, in the public stations I have
filled, I have acquitted rayself with zeal, fidelity, and disin
terestedness ; if, in the private walks of hfe, ray conduct
has been unstained by any dishonourable act ; if it has
been uniforraly consistent with the rules of integrity, I
I have a right to the confidence of those to whora I address
rayself They cannot refuse it to me without injustice — I
am persuaded they will not refuse it to rae.
" If, on the other hand, ray pubhc conduct has been in
any instance marked with perfidy, duplicity, or with sinister
views of any kind ; if any imputations founded in fact can
be adduced to the prejudice of ray private character, I have
no claira to the confidence of the community, nor should I
expect it.
" Even these observations I should have spared myself,
did I npt know that, in the rage of party, gross calumnies
have been propagated. Some I have traced and detected ;
there may still be others in secret circulation, with which
I ara unacquainted. Against the influence of such arts I
can have no other shield than the general tenor of ray past
conduct. If that will protect me, I may safely confide in
the candour of the committee. To that standard I cheer-

HAMILTON. 435
fully submit. But, indeed, of what importance is it who is
the speaker ? His reasons only concern the coraraittee.
If these are good, they owe it to theraselves and to their
constituents to allow them their fuH weight."
He then proceeded to examine the objections which had
been raised to the delegation of legislative power to con
gress. This examination led to a close and cogent argu
ment, embracing a consideration of the relations of the
states to the confederaicy ; showing that the idea of a
union of the colonies had pervaded aU the public acts of
the country ; that it was continued and confirmed in the
declaration of independence ; and that the confederation,
hy the express terms of the compact, preserved and con
tinued the power of perpetuating that union. In the course
of these remarks, the powers of the confederation were
briefly analyzed, and its supremacy asserted ; and it was
shown that the objections to the proposed grant of the ira
post would, if sustained, have proved that the powers al
ready vested in it were illegal and unconstitutional ; would
render a confederation of the states in any forra impracti
cable, and would defeat all the provisions of the constitu
tion of the state which related to the United States. " If,"
he observed, " the arguments I have used under this head are
not well founded, let gentlemen come forward and show
their fallacy. Let the subject have a fair and fuU explana
tion, and let truth, on whatever side it may be, prevail."
He in the next place answered the objection, that this
grant of the impost to congress would endanger their lib
erties ; and, in order to overcome prejudice, he gave a nar
rative of the origin and progress of the measure. " Whence,"
he asked at its close, " can this danger to liberty arise ? The
members of congress are annually chosen by the several
legislatures ; they are removable at any moment at the
pleasure of those legislature^. They come together with
different habits, prejudices, and interests. They are, in fact,

436 THE LIFE OF
continually changing. How is it possible for a body so
composed to be forraidable to the liberties of the states,
several of which are large erapires in themselves ?
" The subversion of the liberty of these states could not
be the business of a day. It would at least require time,
premeditation, and concert. Can it be supposed that the
merabers of a body so constituted, would be unanimous in
a scherae of usurpation ? If they were not, would it not
be discovered and disclosed ? If we even could suppose
this unanimity araong one set of raen, can we believe that
all the new raerabers, who are yearly sent frora one state
or another, would instantly enter into the sarae views ?
Would there not be found one honest man, to warn his
country of the danger ?
" Suppose the worst : suppose the combination entered
into and continued ; — the execution would at least announce
the design, and the raeans of defence would be easy. Con
sider the separate power of several of these states, and the
situation of thera all I Consider the extent, populousness,
and resources of Massachusetts, Virginia, Pennsylvania, I
might add, of New- York, Connecticut, and other states !
Where could congress find raeans sufficient to subvert the
government and liberties of either of these states ? Or rather,
where find means sufficient to effect the conquest of all? If
an atterapt was made upon one, the others, from a sense of
coramon danger, would raake common cause, and they
could immediately unite and provide for their joint defence.
" There is one consideration of iraraense force in this
question, not sufficiently attended to. It is this — ^that each
state possesses in itself the full power of govemment, and
can at once, in a regular and constitutional way, take
raeasures for the preservation of its rights. In a single
kingdom or state, if the rulers attempt to establish a tyr
anny, the people can only defend themselves by a tumultu
ary insurrection. They must run to arras without concert

HAMILTON. 437
or plan, while the usurpers, clothed with the forms of legal
authority, can employ the force of the state to suppress
them in embryo, and before they can have time or oppor
tunity to give system to their opposition. With us the
case is widely different. Each state has a governraent
completely organized in itself, and can at once enter into
a regular plan of defence, with the force of the coramunity
at its command. It can immediately form connections
with its neighbours, or even with foreign powers, if neces
sary. " In a contest of this kind, the body of the people will
always be on the side of the state governments. This wiU
not only result from their love of liberty and regard to
their own safety, but from other strong principles of hu
man nature." Among these were mentioned the operation
of the state governments upon the immediate personal con
cerns to which the sensibility of individuals is awake — the
distribution of private justice, and the weight of official
influence. 'The causes,' he said, 'which secure the at
tachment of the people to their local governments present
us with another important truth — the natural imbecihty
of federal governments, and the danger that they will
never be able to exercise power enough to manage the
federal afifairs of the union. ' Though the states will have
a common interest, yet they, will also have a particular
interest ; for example, as a part of the union, it wiU be the
interest of every state that the general government should
be supplied with the revenues necessary for the national
ipurposes ; but it will be the particular interest of each
state to pay as little itself, and to let its neighbours pay as
much as possible. Particular interests have always raore
influence upon men, than general. The several states,
therefore, consulting their immediate advantage, may be
considered as so many eccentric powers tending in a con
trary direction to the government of the union, and as

438 THE LIFE OP
they wiU generaUy carry the people along with them, our
confederacy vrill be in continual danger of dissolution.
" This is the real rock upon which the happiness of this
country is Ukely to split. This is the point to which our
fears and cares should be directed. To guard against this,
and not to terrify ourselves with imaginary dangers from
the spectre of power in congress, wiU be our true wisdom."
He then proceeded to examine and to vindicate the
provisions of the bill raaking the proposed grant — pointed
out the habitual dehnquencies to the repeated requisitions
— the sraaU araount of the general revenue collected — the
hostUity of the adjacent states — the -increased burden im
posed on New- York by the inequality of the existing sys
tem — the beneflcial consequences of a national revenue —
the necessity of it for the payment of the foreign debt.
Having dwelt upon these topics,-which corapelled a large
survey of the state of the country, he closed vrith the fol
lowing reraarks : " Can our national character be preserved
without paying our debts ? Can the union subsist without
revenue ? Have you realized the consequences which
would attend its dissolution ? If these states are not united
under a federal govemraent, they vrill infallibly have wars
with each other, and their divisions wiU subject thera to
all the raischiefs of foreign influence and intrigue. The
huraan passions will never want objects of hostihty. The
western territory is an obvious and fruitful source of con
test. Let us also cast our eye upon the raap of this state,
intersected frora one extreraity to the other by a large
navigable river. In the event of a rupture with them,
what is to hinder our metropoUs frora becoraing a prey to
our neighbours ? Is it even supposable that they would
suffer it to reraain the nursery of wealth to a distinct com
munity ? These subjects are delicate, but it is necessary
to contemplate them, to teach us to form a true estimate
of our situation. Wars with each other beget standing

HAMILTON. 439
armies — a source of more real danger to our liberties than
all the power that could be conferred upon the representa
tives of the union ; and wars with each other would lead
to opposite alliances with foreign powers, and plunge us
into all the labyrinths of European politics.
" The Romans, in their progress to universal dorainion,
when they conceived the project of subduing the refrac
tory spirit of the Grecian republics which coraposed the
famous Achaean league, began by sowing dissensions
among them, and instUling jealousies of each other and of
the coraraon head ; and finished by making thera a pro
vince of the Roman empire. The apphcation is easy. If
there are any foreign enemies, if there are any domestic
foes to this country, all their arts, aU their artifices will be
employed to effect a dissolution of the union. This can
not he better done than by sowing jealousies of the federal
head, and cultivating in each state an undue attachraent to
its own power."
The stateraents given by persons yet living, and in
the gazettes of that day, show the irapression produced
upon the public opinion on this occasion. The 'speech
was received and perused with very great interest. " I
well reraeraber," ChanceUor Kent observes, " how rauch
it was adraired for the comprehensive views which it
took of the state of the nation — the warm appeals which
it made to the public patriotism — the imminent perils which
it pointed out, and the absolute necessity which it showed
of some such financial raeasure to rescue the nation 'from
utter ruin and disgrace."
The importance of the question, and the expectation of
an animated discussion, had called together most of the
distinguished men of the state, who awaited with anxiety
the decision of the house. On taking the final vote, there
appeared in favour of the impost, twenty-one, against it,
thirty-six members.

440 THE LIFE OP
To this address there was no reply. The opposition
neither attempted to justify their votes on this raoraentous
question by arguraent, nor to invalidate the cogent elo^
quence of Harailton. It was put down by a silent vote,
which led to the remark, "that the impost was strangled
by a band of mutes."*
One other subject remained, of great iraportance and
perplexity in any issue of events, whether New- York
were to becorae an independent coraraonwealth, which she
could not have long remained, or whether the union should
be preserved. It was the long-agitated question of the
New-Hampshire grants, or state of Verraont as it was then
called, although not recognised by the confederation.
The letter of Harailton to Governor Clinton, on his re
tireraent frora congress in seventeen hundred and eighty-
three, stated the little probability of an adjustment of that
question by any other raeans than by a federal court. The
inhabitants of the district of country in dispute, had since
that period been increasing in nurabers, and it had at last
becorae obvious, that the only possible raode by which
New- York could raaintain her jurisdiction, raust be by a
resort to force.
The continuance of the controversy had embittered the
* Chancellor Livingston wrote to Hamilton on the Sth of March, 1787 :
" I received your information relative to the law for dividing the district. I
am much obhged by your attention to that subject. While I condole with
you on the loss of the impost, I congratulate you on the laurels you acquired
in lighting its battles. I shall endeavour to make myself here useful by ef
fecting some changes in the representation. I expect this will produce some
attack on me, or my salary. All I expect from my friends, will be, that they
do not sulfer such exertions to be made as will be dishonourable to me.* A
liberal and honourable appointment, such as would enable me to live as I
would wish constantly in New-York, I cannot expect from the prevailing
party." * The attack was made, but was defeated by "his friends." Hamilton mdved the highest
turn. He soon after this framed a law, which passed, for the adjustment of the title of thA
Oneida purchase, affecting a very Jarge portion of the state.

HAMILTON. 441
angry feeUngs of the disputants. The ruUng party in New-
York had committed themselves with her citizens on this
subject ; and while their domestic interests, the exposure of
her frontier, the avoidance of a civil war, aU corabined to
render an acknowledgment of the independence of Ver
mont unavoidable, not an individual, since Schuyler had
failed in his .efiforts in seventeen hundred and eighty, had
acquired sufficient influence in the legislature to carry with
hun the public mind. The situation of Clinton in reference
to this subject was not free from embarrassment.
The question of territorial jurisdiction comraenced in
the year seventeen hundred and forty-nine, when Governor
Wentworth made the grant of Bennington. It continued
to be a source of difficulty between the governors of New-
Hampshire and New-York, and was rendered more intri
cate by the conflicting orders of the privy council of Great
Britain, until near the period of the revolution, when the
people of Verraont deterrained upon open resistance.
In seventeen hundred and seventy-two, conventions of
the different towns were held, and were renewed at inter
vals, which passed resolves, forbidding the inhabitants of
the " grants " frora accepting titles, holding oflSces frora, or
acting under the authority of New- York, and enforced
their resolves with extrerae severity.
In seventeen hundred and seventy-four, under the royal
government, Clinton was appointed chairman of a com
mittee of the New- York assembly, which reported various
resolutions, reciting the violence of the grantees, denoun
cing their leaders, and recoraraending a proclaraation for
their .apprehension, which was issued by Governor Tryon.
A counter proclamation from Ethan Allen, and others of
the proscribed, announced then- determination tb "resist
unto blood." This state of things continued until the as
sembUng of the continental congress, when, encouraged by
the exploit of Allen at Ticonderoga, the "revokers" pe-
56

442 THE LIFE OF
titioned that body, that they raight be permitted to do
mUitary duty as inhabitants of" the grants," and not of New-
York, and asked commissions to that eflfect. Congress re
coraraended to them in reply, to submit to New- York, and
to contribute their assistance, but vrithout prejudice to their
rights. Thus situated, on the twenty-fourth of July, seventeen
hundred and seventy-six, independence having been de
clared, a convention assembled, which, after two adjourn
ments, met on the fifteenth day of January, seventeen hun
dred and seventy-seven, and proclaimed themselves a
state. In this altered position, Clinton, recently elected govern
or of New- York, by withdrawing the penalties of the proc
lamation, and by overtures to confirra the titles to the lands
actually occupied, sought to sooth their discontents ; but
Allen, suspecting the pohcy of New- York, with inflexible
determination, imraediately, prepared a force to suppress
an organization which was forraing to oppose the recently
clairaed supremacy of his state. Clinton, thus driven from
his purpose of conciliation, openly took the ground that
the authority of Vermont should in no instance be acknowr
ledged, except in the alternative of subraission or inevita
ble ruin. An appeal was then raade to congress, and in
the raean time, an union of the eastern and western dis
tricts of Verraont was consuraraated.
AU hope of, peaceable adjustment was by this act at ap
end, and the alternative of force was brought distinctly
before the councils of New- York. The umpirage of con
gress, probably not sought sincerely by either party, and
which, if the decision had been against Vermomt, would
have proved a nuUity, was avoided, until New- York at last
becarae convinced that her clairas must be abandoned.
The govemor, from the course to which he had been so
conspicuously committed, from the circumstance that the

HAMILTON. 443
policy advised by Schuyler had been impeached on the
ground that he was regardless of the rights of the state,
and perhaps from an unwUlingness to impair his own influ
ence, partiy derived from his scrupulous assertion of those
rights, was little inclined to assume the open responsibility
of surrendering so large a portion of her territory.
Under these circumstances, Hamilton, whose popularity
had risen so high that, he was contemplated as a candi
date for the office of governor, felt it his duty to come for
ward, and on the fifteenth of March, introduced a biU " to
authorize the delegates of New-York in congress, to accede
to and confirra the independence and sovereignty of the
people inhabiting the district of country comraonly called
Verraont." On presenting the bill, he made a few observations, of
which a brief sketch was published at the time, frora re
coUection, giving an interesting view of the urgent mo
tives which prompted the measure.*
^ i The great extent of disputed territory which was own
ed, by the inhabitants ofthe state of New- York, had crea
ted a very powerful opposition to it. A meeting of those
having the largest interest in the question was held, and
after frequent consultations, it was determined to make a
strong appeal to the legislature. After rauch deliberation,
the opponents of the bill resolved to apply to the asserably
to be heard by counsel at the bar of, the house, a raode of
,,proceeding which, though of frequent occurrence before
the British parharaent, is believed to have been entirely
novel in New- York.
The gentleman solicited to perform this duty was Rich
ard Harrison, a lawyer and a scholar, distinguished for his
abUity, and learning, and probity. The bill was objected
• Vermont had raised troops, and declared, that if no decision were pro
nounced by congress within two months after nine stE^tes had met, that she
would resort to force.

444 THE LIFE OP
to by him, as unconstitutional, impolitic, and destructive
to the property of the citizens.
As the constitution had expressly declared the counties of
Cumberland, Gloucester, and Charlotte, which embraced
the territory proposed to be ceded, as parts of the state,
it was urged that the legislature could not sever them from
it— that such a power had not been delegated to them —
that, if delegated, it must have been to congress as the ar
biters of peace and war — that such a dismeraberraent
was only authorized by a case of extreme necessity, which
was alleged not to exist. The presumption of danger from
subsisting connections between Vermont and Canada, was
denied. If it existed, where was the proof? The danger
of the exaraple of perraitting a revolt of these counties
was enlarged upon, and arguments were adduced to show
that no public advantage, either in respect to revenue or
other eflfects, would be derived from the adraission of
Verraont into the confederacy. The address was conclu
ded with an earnest exposition of the rights of the proprie
tors of these lands to be inderanified by the state, and a
suggestion of the appointraent of coraraissioners to treat
with the revolters.
Hamilton's reply is among the raost able fragments
of his eloquence which have been preserved, It fully
raet the objection to the act, which vvas drawn from
that great principle of the social corapact, that the
chief object of governraent is to protect the rights of indi
viduals by the united strength of the coraraunity ; insisting
that the efforts of a state were to be " proportioned to its
abilities, warranted by a reasonable expectation of a
favourable issue, and compatible with its eventual security ;
but that it was not bound to enter into or prosecute enter
prises of a raanifest rashness and folly, or which in the
event of success would be productive of raore raischief
than good." He then reviewed the pretensions of Ver-

HAMILTON. 445
mont, and contrasted her power to resist with that of
New-York to enforce these territorial claims.
From this topic he passed on to an examination of the
constitutionality of the biU, asserting that the power of
dismembering the state, under certain circurastances, was
a necessary appendage of its sovereignty. Instances of
such disraemberments were referred to, and the writers on
international law were quoted to estabUsh the right " to
lop off a limb for the good of the body." Frora an exposi
tion of the right, he proceeded to a reriew of the policy
of this raeasure ; in the course of which, he adduced facts
to show that Verraont had borne such relations to Great
Britain during the revolution as to justify the behef, that,
should a coUision arise, she would receive aid frora their
recent enemy.
The reraaining questions were, how far New- York had
a right to acknowledge the independence of Verraont, and
how far she was bound to raake compensation to the own
ers of the disputed territory. He urged the actual inde
pendence of Verraont as an answer to the first inquiry ;
stated, that as to territorial claims, the confederacy pro
vided a tribunal for their adjustment ; and insisted that the
state was not under a strict obligation to raake corapensa
tion to the losing proprietors. " The distinction," he said,
" is this — if a government voluntarily bargains away the
rights, or dispossesses itself of the property of its citizens
in their enjoyments, possessions, or power, it is bound to
make corapensation for that of which it has deprived thera ;
but if they are actually dispossessed of those rights or that
property by the casualties of war, or by revolution, the
state, if the public good requires it, raay abandon them to
the loss without being obliged to raake reparation."
" In wars between states, the sovereign is never supposed
to be bound to make good the losses which the subject
sustains by the captures or ravages of the enemy, though

446 THE LIFE OF
they should amount to the destruction of his whole pro
perty ; and yet nothing can be more agreeable to natural
equity than that those who happen to be the unlucky vic
tiras ofthe war should be inderanified by the community."—
," But in practice such a principle would be found attended
with endless difiiculties and inconveniences ; and there
fore the reverse of it has been adopted as a general rule.
The true reason is, the resources of nations are not ade
quate to the reparation of such extensive losses as those
which are coraraonly occasioned by wars and revolutions,
and it would, therefore, be contrary to the general good
of society to establish it as a rule that there is a strict ob
ligation to repay such losses. It is better there should be
individual sufferings, than to adrait a rule which would
fetter the operations of governraent, and distress the affairs
of the coraraunity. Generosity and policy raay, in parti
cular instances, dictate such corapensations. Soraetimes
they have been raade by nations, but rauch oftener omitted.
The propriety of doing the one or the other raust depend
on circurastances in which the ability of the public wiU
always be a priraary consideration."
As to the exaraples derived frora Roman magnanimity,
• he reraarked: — "Neither the raanner nor the genius of
Rome are suited to the republic or age we live in. All
her maxiras and habits were railitary — her government
was constituted for war. Ours is unfit for it ; and our sUua-
tion, StUl less than our constitution, invites us to emulate
the conduct of Rome, or to atterapt a display of unprofita
ble heroisra." — " One raore observation will," he said, " con
clude what I have to say. The present situation of our
national, affairs appears to rae peculiarly critical. I know
not what raay be the result of the disordered state of gov
ernraent. I ara, therefore, the raore solicitous to guard
against danger from abroad. Gentleraen who view our
public affairs in the same light in which they present them-

HAMILTON. 447
selves to my mind, wiU, I trust, vote with me upon the
present occasion. Those, on the contrary, who think aU is
weU, who suppose our government is fuU of energy, our
credit high, our trade and finances flourishing, wiU proba
bly see no room for any anxiety about the matter, and
may be disposed td leave Vermont in its present state. If
the biU should faU, I hope they never -wiU have occasion
to regret the opportunity they have lost."
At the end of this speech, the question was taken, and
the biU recognising the independence of Verraont, on the
condition of her entering into the confederacy, passed.
By this weU-timed measure a civil war was prevented, and
another state soon after became a member of the union.

448 THE LIFE OF

CHAPTER XXIII.
/
[1787.]
The vote of the New-York legislature on the impost
decided the fate of the confederation. The only hope of
preserving an union of the states rested upon the issue of
the contemplated convention.
The asserably of Virginia being the first state legisla
ture in session after the adjournraent of the coraraissioners
at Annapolis, passed an act in October for the appoint
raent of seven coraraissioners to raeet at Philadelphia, and
to join .with the deputies of the other states, " in devising
and discussing such alterations as raay be necessary to
render the federal constitution adequate to the exigencies
of the tiraes." New-Jersey was the second to act on this
subject, appointing commissioners on the twenty-third of
Noveraber, with powers sirailar to those previously grant
ed by her. Pennsylvania chose delegates with like pow
ers on the thirtieth of the succeeding raonth.
The report from Annapolis was submitted to congress
soon after its date ; but a determined opposition being
made to the proposed convention, on the ground of its
illegality, it was not acted upon : thus, tenacity of power
grows with conscious weakness. When the legislature
of Massachusetts assembled. Governor Bowdoin, stiU zeal
ous for this great measure, sent them a message, in which,
after a raention ofthe reasons that had induced the raeeting
at Annapolis to adjourn, he again declared his conviction
of the importance of araending the confederation. Its

HAMILTON. 449
delegates to congress then appeared, and explained the mo
tives by which they had been actuated.
King observed — " that the report of the commercial
convention was before congress. Doubts had arisen as
to the mode of agreeing upon coraraercial regulations.
The confederation was the act of the people. , No part
could be altered but by consent of congress and confirraa
tion of the several legislatures. Congress, therefore, ought
to make the examination first ; because, if it was done by
a convention, no legislature could have a right to confirm
it. Did any legislature sit for such a purpose ? No. It
must be referred to the people, and then what degree of
assent was necessary to make it an article of the confede
ration ? Whereas if it was conducted agreeably to the con
federation, no such difficulty could exist. Besides, if con
gress should not agree upon a report of a convention, the
most fatal consequences raight follow. Congress were,
therefore, the proper body to raake alterations."
After adverting to the efforts of the several states, he
remarked, that not more than half a million of dollars had
been received from them in the last two years ; that " it
had become a subject of admiration how governinent ex
isted ; that so melancholy was the state of the federal
treasury, that all men seemed to turn away frora it as an
evil which admitted of no reraedy. If all the states could
be brought into the continental irapost, this resource raight
be anticipated, and the national credit strengthened in that
way ; but there reraained two states which had not acced
ed to it — Pennsylvania and New- York. The situation
of the former was known, and should that state comply,
as there were sorae grounds to hope and expect, the dan
ger of the union, and the love which New-York raust enter
tain for the confederation, raust induce their accession to
the system." He closed his observations with a strong
comment on the existing commotions in Massachusetts,
57

450 THE LIPE OF
suggesting the probabUity that congress would make exer
tions to suppress them. Dana, another delegate, concur
red in these views. Their speeches were pubhshed, and
as no measures were taken for the appointraent of a dele
gation to Philadelphia, great apprehensions were enter
tained by the advocates of a general convention, that their
efforts would be rendered fraitless by the dissent of this
leading raeraber of the confederacy.
The hesitation of Massachusetts lent a sanction to the
pohcy of the governor of New- York. There was in the
constitution o,f that state an energy the more imposing, as
contrasted with the weakness of the confederacy. This
energy had been increased by a perverted construction of
his powers, which concentrated the whole disposal of office
in the chief raagistrate.
The new congress raet in the city of New- York on the
second of February, three months of its terra having ex
pired, and elected General St. Clair as their president.
Though vrithout prerogative or patronage, that officer was
understood to represent in his person the majesty of the
nation. The appropriations and the ceremonial of his
household all indicated such to have been the intention of
congress. In the sarae public haU was seen Clinton, exhibiting aU
the authority of his office and his influence over an obedi
ent legislature. The efifect on the coraraon raind of with
holding those observances which custom has connected
-with high station, was weU understood by Chnton: a
marked and studied neglect was raanifested by hira towards
congress, as though he wished thera to be regarded rather
as intruders upon a sovereign state, than as the Council
OP THE Nation. Yet he at the sarae time avowed the
opinion, that the articles of the confederation were equal
to the objects of the union, or with httle alteration could
be made so, and that the deputies to AnnapoUs ought to

HAMILTON. 451
have confineld themselves to the expressed purpose of their
errand. New- York gave the most prominent adversary and ad
vocate of the union. The more obstinate the opposition
of Clinton to enlarged views of the interests of the Ameri
can people, the more zealous and determined were the ex
ertions of Harailton. All the influence of his attractive
manners and generous hospitality was now seen. He min
gled daily with the members of the federal government ;
his house was their constant resort ; his conversation was
full of the great theme of a raore perfect union ; and with
earnest arguraent and wit he exposed the inconsistency of
men who refused to confer upon congress an adequate
fiscal power, for the reason that it was a single body with
out checks, and yet would seek to thwart every efifort to
constitute it diflferently. Having thus prepared the minds
of that assembly,* he hoped that their sanction of the pro
posed convention, so long withheld, raight be obtained.
Though a president had been elected, nine states were
not represented in congress until the fourteenth of Feb
ruary. The next day Hamilton delivered his speech upon
the impost, in the presence of many of its merabers, who
saw the raute vote rejecting it recorded.
It is the part of genius to select the moment to achieve
its high purposes ; and the day after this vote, notice was
given of an intended motion for an instruction to congress
to recommend the calf of a convention. Its object was
stated to be that " of revising the articles of confederation
and perpetual union, by such alterations and amendments
as a majority of the representatives shall judge proper and
necessary, to render them adequate to the preservation
and government of the union."
• Speaking subsequently of a leading individual, who commenced his ca
reer as an earnest opponent of a national system, Hamilton remarked to a
friend — " I revolutionized his mind."

452 THE LIPE OP
This motion was brought forward on the "seventeenth,
and being so modified, at the instance of the leader of
Clinton's party in the asserably, as to orait the words, " a
majority," and to substitute that of " support" for " govern
ment," was agreed to. After the interval of a day, this
instruction was laid before the senate, and it was ordered
to be postponed. Of Clinton's majority in that branch, the
most prominent persons were Haring and Yates.* Gen
eral Schuyler led the opposition. His weight of character
would have been insufficient to carry this iraportant reso
lution, but for the urgent circurastances of the raoraent.
Sorae of the leaders of the rebellion in Massachusetts had
taken refuge in New- York. On the day this resolution
was laid before the senate, Schuyler moved that a procla
mation should be issued for their apprehension. The fears
of congress were also aroused, and on the same day a re
port then in progress, deferring the enlistraent of federal
troops, was postponed. Alarraed for the quiet of the state,
the senate on the following day, " after considerable debate,
by a majority of one vote, concurred in the proposed in
struction." To anticipate intrigue and gain the advantage of this
moraentary alarm, Harailton's report frora Annapolis was
called up in congress the next day. That body was yet
undecided. By sorae, their sanction of the convention, it
was supposed, raight stimulate, by others it was alleged
that it would irapede, the action ofthe states. Sorae looked
with jealousy at a body so forraed ; others doubted its con
stitutionality. Araid this perplexity, the instruction of
New- York was presented to thera. Though supported by
the votes of Massachusetts and Virginia, the recommen
dation it urged failed, and a resolution of a raember from
Massachusetts, after being araended, was passed. It re- (
* Abraham Yates.

HAMILTON. 453
ferred, as a justification for the proceeding, to the provision
in the articles of the confederation for their alteration by
congress, with the assent of the state legislatures, and to
the recent instruction from New- York, and declaring that
it was " the most probable mean of establishing in these
states a firm national government," sanctioned the contem
plated convention.*
Having exerted the influence of New- York upon con
gress, HamiUon was eager to derive the benefit of the in
fluence of congress upon that state. Five days after, he
ofiered a resolution in the assembly, conforming to the re
commendation of congress, for the appointment of five
commissioners to meet in convention at Annapolis. This
resolution being agreed to, was laid before the senate by
Schuyler. That body did not dare to reject it ; but, on
motion of Haring, the number was reduced from five to
three. Yates then proposed to insert a proviso, that the alter
ations and provisions to the articles of confederation
" should be rwt repugnant to, or inconsistent with, the con
stitution of this state." This amendraent, so decisive of
the views of Clinton, was opposed, and was lost by the vote
of the presiding officer.f
The resolution then passed the senate, was iraraediately
concurred in by the house, and on the eighth of March,
three coraraissioners, Yates, Harailton, and Lansing, were
appointed — Chief Justice Yates unaniraously, Harailton
with two, Lansing with raany dissenting voices. As the
rule ofthe confederation of voting by states raight be adopt
ed, and as his colleagues were in the views of Clinton,
Harailton proposed, near the end of the session, to add two
delegates. He observed, " I think it proper to apprise the

* February 21, 1787.
t Senate Journal of New-York, p. 44-5, February 28, 1787.

454 THE LIPE OP
house, of the gentlemen on sorae of whom I wish their
choice to fall, and with a view to which I bring forward
the present raotion. Their abilities and experience in the
general affairs of the country cannot but be useful on such
an occasion. I raean Mr. Chancellor Livingston, Mr. Du
ane, Mr. Benson, and Mr. Jay ; the particular situation of
the latter, raay require an observation. His being a ser
vant of congress raight seera an objection to the appoint
ment ; but surely this objection, if it had any weight, would
apply with equal force to a member of that body. In the
case of Mr. Lansing, the two houses appear , to have
thought there was no force in it, and I ara persuaded there
can be no reason to apply a different rule to Mr. Jay. His
knowledge, abihties, tried integrity, and abundant experi
ence in the affairs of the country, foreign and domestic,
wUl not permit us to allow any weight to any objection
which would imply a want of confidence in a character that
has every title to the fullest confidence."
This raotion prevailed in the asserably, but was defeated
in the senate.
Harailton soon after proposed to fix, by law, the sessions
of the legislature alternately at Albany and New- York,
hoping thus to counterpoise their local influences, and to
have it in his power to retain a seat in the asserably. It
being known that his professional engageraents would not
perrait him to sojoum at Poughkeepsie, that place was se
lected for the meeting of the next legislature, and he de
chned a re-election.
The states of Delaware, the Carolinas, and Georgia,
either not alive to, or disregarding the supposed constitu
tional difficulty, had elected delegates without waiting the
action of congress. The address of the Annapolis con
vention was again submitted to the legislature of Massa
chusetts, and it was referred to a coraraittee, whose report,
frora the pen of Sarauel Adams, was accepted on the same

HAMILTON. 455
day upon which the instructions of New- York were pro
posed to congress. The delegates were authorized to
" cbnsider the trade and commerce of the United States,
and how far a uniform system in their coraraercial inter
course and regulations raay be necessary for their cora
mon interest and perraanent harmony ; and also to consider
how far it raay be necessary to alter any of the articles
of the present confederation, so as to render the constitu
tion of the federal government more adequate to the exi
gencies of the union ; and what further powers may be
necessary to be vested in congress for the coraraon wel
fare and security, and with thera to forra a report for that
purpose : such alterations and additions as may be raade,
to be, however, consistent with the republican spirit and
genius of the present articles of confederation, provided
that the said coraraissioners on the part of this coramon
wealth are hereby particularly instructed by no means
to interfere with the fifth article of the confederation,
which provides for the annual election of delegates in
congress, with a power reserveid to each state to recall its
delegates, or any of them, within the year ; and which also
provides that no person shall be capable of being a dele
gate for more than three years in any term of six years,
or, being a delegate, shall be capable of holding any office
under the United States, for which he, or any other for
his iienefit, should receive any salary, fees, or eraoluraents
of any kind." This erabarrassing restriction was reraoved
in consequence of the recent resoliition of congress, and,
on the ninth of April, five deputies were commissioned
with powers conforming to that resolution.*
* On the 7th of January, 1787, King, after speaking of the calamitous
events which threatened the country, wrote to Gerry from New- York : " You
have seen the Virginia law for the appointment of delegates to a convention
m Philadelphia in May. *
" General Washington, Wythe, Randolph, Madison, and others, are ap.

456 THE tIFE OP
The legislature of Connecticut assembled in May. The
proposition for a convention was warmly opposed, but was
sustained with ability, and prevailed. Late in June, New-
Harapshire also chose delegates, and thus all the states
were represented with one exception, Rhode Island having
refused to co-operate in this great measure.
As the constitution of the United States was a deliberate
act of the people, and was formed in reference to their ex
perience of the evils of a mere coUege of states, U may be
interesting to advert briefly to the progress of American
experiment in its advances towards that result.
The confederation of the New-England colonies, of the
year sixteen hundred and forty-three, was the first effort
towards an union of the provinces. It was a league ofien-
sive and defensive to provide against impending wars,
coraraitting to an annual congress of two delegates from
each colony the duty of deliberating upon aU raatters of
peace and coraraon concern ; the results of which delibera
tions were binding upon the confederacy, if three-fourths
of its merabers concurred.
This corapact continued forty years; after its dis'solu-
pointed for that convention. Pennsylvania has appointed Mifflin, the two
Morris's, Fitzsimmons, and three others, on the part of that state. Hamil
ton, who is a member of the assembly of this state, will exert himself to in
duce them to send members ; Jay, and others, are opposed to the measure,
not alone because it is unauthorized, but from an opinion that the result will
prove inefficacious. General Washington will not attend. * * * * If Mas
sachusetts should send deputies, for God's sake be careful who are the men ;
the times are becoming critical ; a movement of this nature ought to be care
fully observed by every member of the community." He subsequently
wrote : " Do you attend the legislature ? How will they stand on the plan
of a convention at Philadelphia ? For a number of reasons, although my
sentiments are the same as to the legality of this measure, I think we ought
not to oppose, but tb coincide with this project. Let the appointments be
numerous, and, if possible, let the men have a good knowledge of the con
stitutions and various interests of the several states, and of the good and bad
quahties of the confederation."— Feb. 11, 1787. Life of Gerry.

HAMILTON. 457
tion, congresses were held at different times to consult
upon measures of comraon interest, the most important of
which, was that of seventeen hundred and fifty-four, con
vened at the instance of the parent country, to prepare for
the contingencies of a waf with France.
This congress, having more enlarged views than its pre
decessors, resolved " that an union of the colonies was ab
solutely necessary for their preservation," and proposed a
plan of federal government, consisting of a general coun
cU of delegates to be tri-annuaUy chosen by the provincial
assemblies, and a president-general to be appointed by the
crown. In this council were to be invested, subject to
the ultiraate negative of the king, the rights of war and
peace with the Indian tribes, the power of raising troops,
building forts, equipping vessels of war, and of raaking
laws and laying and levying general duties, iraposts, and
taxes for those purposes. This projected union was dis
approved, not only by the crown, but by each colonial
asserably, from mutual jealousy.
A congress for the purpose of resisting Great Britain,
assembled, at the instance of Massachusetts, in seventeen
hundred and sixty-five, and digested a bill of rights, in
which the sole power of taxation was declared to reside in
their own colonial legislatures. This assemblage was the
precursor of that of seventeen hundred and seventy-four,
which concerted the opposition that terminated in the in
dependence of the United States. Its authority was dis
cretionary and unlimited, untU defined by the articles of
confederation, which have formed so prorainent a topic as
to render a further exposition of thera unnecessary.
This succinct stateraent shows that, with the exception
of the plan of seventeen hundred and fifty-four, which, had
it been carried into effect, might have terminated in a sys
tem modelled upon that of Great Britain, .no approxima
tion to a general government had been made. Nothing
58

458 THE LIFE OF
more had been contemplated beyond the delegation of au
thority for purposes of comraon defence, under a joint
coraraission, to a general deputation of the colonies.
The first elective governraents, in their proper accepta
tion, were those formed in each colony under the recora
raendation of congress ; and of these, the earliest was that
of New-Harapshire, estabhshed in January, seventeen hun
dred and seventy-six ; and the latest, that of Massachu
setts, in seventeen hundred and eighty.
Though these state constitutions varied in raany particu-
lars, they show a general concurrence of opinion through
out America, in some essential points. Most of them di-
vided the legislature into two branches, and established, a
judiciary, to hold during good behariour. The most pro
minent defect, was the constitution of the execut|ive de
partment, he being, with few exceptions, a mere pageant
and creature of the legislature, often only forming part of
a council. The weakness of this department was probably the re
sult of two causes ; the colonial governors appointed by
the crown, having been the obnoxious instruments of its
usurpations, and these constitutions being forraed at a time
when the congress had indefinite powers, before the colo
nies aspired, as states, to a rival sovereignty.
The association of a revisionary council with the execu
tive, while it dirainished the responsibUity, lessened the
energy, dignity, and independence of the office ; and as the
check of a second branch of the legislature was rather
norainal than real, the deraocratic influence acquired a
large ascendency. '
The effect of this on the general councUs of the nation
has been indicated. In the local governraent of such states
as had fulflUed their federal duties, the inequality caused
by the iraperfect machinery of their fiscal systems had
induced a repugnance to the laws. In the delinquent

HAMILTON. 459
states, this feeling had been increased by their relaxed
policy. The raoraentous problem was now to be solved, whether
the affairs of this extensive confederacy were to be carried
on by a halting coraproraise between public duties and ab
stract state rights, until the union should cease, or whether
its huraUiation and sufferings had prepared the public raind
for the establishment of a vigorous and stable national
government. As it may be interesting hereafter to advert to the opin
ions of leading individuals at this eventful crisis, they are
succinctly given.
Jay was the advocate of a government of proper depart
ments : a governor-general, limited in his prerogatives and
duration ; an upper and a lower house — the former ap
pointed for life, the latter annually ; the governor-general,
(to preserve the balance) — with the advice of a council,
formed for that only purpose of the great judicial officers —
to have a negative on their acts. " Our government," he
said, " should, in sorae degree, be suited to our raanners and
circurastances, and they, you know, are not strictly derao
cratical." He thought " the more power that was granted
to this governmerit, the better," the states retaining only
so rauch as may be necessary for domestic purposes ; all
their principal officers, civil and mUitary, being eoraraission
ed and reraovable by the national governraent, which was
to derive its authority from the people, the only source of
just authority."*
Knox was in favour of a government of three depart
ments : an assembly, chosen for one, two, or three years ;
a senate for five, six, or seven ; the executive to be chosen
by the legislature for seven years, liable to impeachment and
trial by the senate : aU, national objects to be designed and
* Jay to Washington, January 7, 1787.

460 THE LIFE OF
executed by the general government, wUhout any refer
ence to the local governraents, and its laws to be enforced
upon these governraents by a body of armed men.*
It was the opinion of Madison, that it would be well to
retain as much as possible of the old confederation, though
he doubted whether it might not be better to work the
valuable articles into the new systera, instead of engrafting
the latter on the former. He proposed, as the ground- work,
a change in the principle of representation, abolishing the
equality of suffrage in the national councils. In addition
to the present federal powers, he would have armed the
national government with positive and complete authority
in all cases which require uniformity, and whh a negative
in all cases on the legislative acts of the states, as hereto^
fore exercised by the kingly prerogative. This he regard
ed as absolutely necessary, and as the least possible en
croachraent on the state jurisdictions. The national su
preraacy also to be extended to the judiciary department.
The officers administering the executive departraents, ap
pointable by the suprerae governraent. The legislature to
consist of two branches ; one eligible by the people at large,
or by the legislatures, for a limited period ; the other, of
fewer raerabers, for a longer term, ceasing in rotation.
He thought, as a further check, that a council of revision
raight be superadded, including the great rainisterial officers,
and that a national executive will also be necessary, but
said that he had " scarcely ventured to forra his own opin
ion yet, either of the raanner in which it ought to be con
stituted, or of the authorities with which it ought to be
clothed."! The right of coercion, he further stated, should
be expressly declared. To obviate its exertion, he hoped
the negative on the state laws raight be sufficient, or per
haps sorae defined objects of taxation raight be submitted
* Knox to Washington, January 14, 1787.
t Madison to Washington, AprU 16, 1787.

HAMILTON. 461
along with coramerce to the general authority. The sys
tera to be ratified by the people.
In the sketch of Hamilton's early life, his progressive
opinions on this subject have been shown. In his anony
mous letter to Robert Morris, written in seventeen hun
dred and seventy-nine, he is seen to have first proposed the
instituting a good scheme of administration, throwing " the
public business into proper executive departraenft^. By a
plan of this kind," he remarked, " we should blend the ad
vantages of a monarchy and a republic in a happy and
beneficial union." His letter to Duane of the following
year, gives a fuller development of his views.
He there states that " the fundaraental defect is a want
of power in congress," and that " the idea of an uncon
trollable sovereignty in each state over its internal police,
will defeat the other powers given to congress, and raake
our union feeble and precarious."
His fear was of partial corabinations araong the states
subversive ofthe general one. " There is a wide difference,"
he observed, " between our situation, and that of an era
pire under one siraple forra of governraent, distributed into
counties, provinces, or districts, which have no legislatures^
but merely magistratical bodies to execute the laws of a
coraraon sovereign. There the danger is, that the sovereign
wiU have too much power, and oppress the parts of which
it is composed. In our case, that of an empire coraposed
of confederative states, each with a governraent com
pletely organized within itself, having all the means to
draw its subjects to a- close dependence on itself, the dan
ger is directly the reverse." After indicating the neces
sity of giving to the confederacy perpetual funds, he
mentions " the want of a proper executive," that " congress
is properly a deliberative corps, and forgets itself when it
attempts to play the executive." His remedy was a con
vention of aU the states, with full authority to conclude

462 THE LIFE Of
finally upon a general confederation. This confederation
to have coraplete sovereignty, except " as to that part of
the internal police which relates to the rights of property
and life araong individuals, and to raising raoney by internal
taxes." — " It is necessary," he said, " that every thing belong
ing to this, should be regulated by the state legislatures."
The project of appointing a supreme dictator and vice-
dictator, evidently excited his apprehensions. He then
saw the necessity of a radical change in the political struc
ture," and in his letter to Morris of the following year, re
newing his suggestion of a convention, he states the ne
cessity of a final and irrevocable amendment " of the pres
ent futUe and senseless confederation." The nurabers of
the Continentalist of the sarae period, indicate similar
views. He there proposes to give to congress the collec
tion and appropriation of a national revenue.
The next, though not fully developed exposition of his
opinions, is seen in his resolutions of seventeen hundred
and eighty-three. These contemplated " a federal govern
ment, with efficacious authority in all matters of general
concern," having its legislative, executive, and judicial au
thorities deposited in distinct and separate hands — " a fed
eral judicature," with appeUate jurisdiction, " taking cog
nizance of aU matters of general concem in the last resort,
especially those in which foreign nations and their subjects
are interested."
Though these resolutions were abandoned for want of
support in congress, they could not be without influence
on sorae of its merabers. That they had such an influ
ence, is to be inferred frora the fact that Higginson was
prorainent in urging Massachusetts to raeet in general coii
vention, and that Madison, though restrained by an appre
hension of the influence of some powerful opponent in
Virginia, individually wished that no objections should be
presupposed there.

HAMILTON. 463
Washington Would have vested congress with absolute
powers in all raatters relative to the great purposes of war
and of general concern, reserving to the states only those
of local and internal polity.* " I do not conceive," he
said, " that we can exist long ag a nation, without having
lodged somewhere a power which will pervade the whole
union in as energetic a manner as the authority of the
state governments extend over the several states. The
comraotions in the eastern states exhibit a melancholy
proof of what our transatlantic foe has predicted ; and of
•another thing, which is still more to be regretted, and is
yet raore unaccountable, that mankind, when left to them
selves, are unfit for their own govemraent. Infiuence is
not governraent. Thirteen governraents, puUing against
each other, and aU tugging at the federal head, will soon
bring ruin on the whole ; whereas, a liberal and energetic
constitution, weU checked, and well watched, to prevent
encroachments, might restore us to that degree of re
spectabUity and consequence to which we had the fairest
prospect of attaining." — " I confess that ray opinion of
public virtue is so far changed, that I have ray doubts
whether any systera, without raeans of coercion in the
sovereign, will enforce due obedience to the ordinances
of a general government ; without which, every thing
else fails.
" Persuaded I ara, that the priraary cause of aU our dis
orders lies in the different state governraents, and in the
tenacity of that power which pervades their whole sys
tems." These sentiraents of Washington and Harailton were
those of men faraUiar with the practical operation of the
existing system, in war and in peace : who had seen and
felt the evil of conflicting sovereignties, and whose re-
» August 15, 1786.

464 THELIFEOF
searches and reflections had corapelled thera to distrust
federate institutions.* Though the opinions which have
been quoted were those of raen of great weight in the
raost iraportant members of the union, yet they were not
general. The sraaUer states, while they sought the pro
tection of a raore efficient general government, would re
pel any proposal to relinquish that equal suffrage in the
public councils, which they had extorted from their asso
ciates araid the pressure of the revolution. In the large
states, leading individuals, who did not desire a dissolution
of the confederacy, would prefer an increase of the rela--
tive influence of their states, but were embarrassed as to
the quantity of power to be conferred. Both would in
cline, as a middle point, to a constitution of enuraerated
powers, liraited to those priraary objects, trade and reve
nue, to which they had found their separate legislation in
corapetent. With such raodels, and araid a great diversity of opinions
and interests, the federal convention raet at Philadelphia
on the fourteenth of May, seventeen hundred and eighty-
seven, when, a majority of states not being represented, it
adjourned to the twenty-fifth of that month.
On that day, nine states having appeared. General Wash
ington was, on motion of Robert Morris, chosen to pre
side, and Major Jackson, at the instance of Harailton, was
elected secretary. A coraraittee, of Wythe, of Virginia,
Charles Pinckney, of South Carolina, and Harailton, were
appointed to frarae the standing rules for its proceedings.
These required seven states to constitute a quorura ; that
all questions were to be decided by the greater nuraber of
states fully represented, and that all comraittees were to be
appointed by ballot. It is to be remarked, that no pro
vision was raade in the first instance for secrecy of debate :
* See Washington's Writings, vol. ix. Appendix, No. iv.

HAMILTON. 465
additional rules were adopted on motion of Pierce Butler,
which prescribed " that no copy of any entry on the jour
nal be taken without the leave of the house ;" that it should
be inspected by raerabers only, and " that nothing spoken
in the house be printed, or otherwise published or corarau
nicated, without leave." So sedulous were the convention
as to the flrst of these restrictions, that it appears by Madi
son's report of the debates of the twenty-fifth of July,
seventeen hundred and eighty-seven, that a motion that
the merabers of the house raight take copies of the resolu
tions which had been agreed to, was negatived. As to
the last, the rule was never rescinded.* In reference to it,
a reply, published by Harailton in seventeen hundred and
ninety-two, to anonymous charges,f containing a misrepre
sentation of his course in the convention, and stated by
him " to be of a nature to speak the malignity and turpi
tude of the accuser, denoting clearly the personal eneray
in the garb of the political opponent," raentions " that the
deliberations of the convention, which were carried on in
private, were to remain unmolested. And every prudent
man," he observed, " raust be convinced of the propriety
of the one and the other. Had the deliberations been
open while going on, the claraours of faction would have
prevented any satisfactory result. Had they been after
wards disclosed, much food would have been aflforded to
inflararaatory declaraation. Propositions, made without
due reflection, and perhaps abandoned by the proposers
themselves on more raature reflection, would have been
handles for a profusion of ill-natured accusation."
Washington gave as a reason " for not relating any of
the proceedings, that the rules of the convention prevented
him. And nothing," he said, " being suffered to transpire,
* The joumal was ordered to be published, March 27, 1818.
t In the National Gazette, established by Jefferson and Madison.
59

466 THE LIFE OP
«o minutes of the proceedings have been, or will be inserted
in this diary."*
This solemn obUgation, which no act of any other body
could annul, was, untU recentiy, sacredly adhered to by
every member of the convention except Luther Martin,
who did not disclose the opinions of individuals, but
gave a statement of the proceedings to the legislature of
Maryland. Notes were taken by Chief Justice Yates,
who, " though often solicited, refiised to permit them to be
pubUshed, not only because they were originaUy not writ
ten for the public eye, but because he conceived himself
under honourable obligations to icithhold their publication.'''^
Madison, it appears, regarded this obUgation in a differ
ent Ught " The curiosity," he observes, " I had felt (as to
the most distinguished confederacies of antiquity,) " deter
mined me to preserve, as far as I could, an exact account
of what might pass in the convention whUe executing its
trust ; with the raagnitude of which I was duly irapressed,
as I was by the gratification promised to future curiosity,
by an authentic exhibition of the objects, the opinions,
and the reasonings from which the new systera of govem
ment was to receive its peculiar structure and organiza
tion." He adds, that "with a very few exceptions the
speeches were neither fumished, nor revised, nor sanc
tioned by the speakers. Among these exceptions, he in
cludes the speech of HamUton, " who," he says, " happen
ed to call on me when putting the last hand to it, and who
acknundedged its fidelity, without suggesting more than a
very few verbal alterations, which were made."J
» 9 Washington, 541.
t Secret Proceedings, p. 306. — These were copied by Lansmg, diqxised
of by the widow of Yates, and published by Genet (the former minister of
France) in 1821.
t Debates in the Federal Convention, v. 2, p. 717. — Madison survived
every member of that body.

HAMILTON. 467
Believing, nevertheless, that no " authentic exhibition"
of these debates exists, a full view of the forraation of the
constitution will not be attempted. Conteraporary expo
sitions of it, minutes taken by HamUton in the course of
and for the purpose of debate, which will be only resorted
to as far as absolutely necessary for his vindication, public
statements extorted from him in self-defence, and tlie
notes of Yates previously referred to, are the only mate
rials at command. To cull from these such facts as raay
enable sorae faint judgraent to be forraed of Harailton's
agency in framing the constitution, or in imparting to it
- its character, of his position in the convention, of his theo
retical opinions, plans, and propositions, will be the sole
aim of the following narrative.
On the twenty-ninth of May, after some preliminary re
marks, fifteen propositions, concerning the American con
federation and the establishment of a national govemment
were laid before the convention by Edmund Randolph,
then govemor of Virginia.*
It then decided to resolve itself into a committee of the
whole on the succeeding day for their consideration, when
Charles Pinckney ,f of South Carolina, addressed the con
vention. After depicting the alarraing situation of the
country, a situation to be attributed " to the weakness and
impropriety of a governraent founded on mistaken princi
ples, incapable of combining the various interests it is in
tended to unite and support, and destitute of that force and
energy without which no government can exist, he pro
ceeded to indicate the principal defects of the confedera-
* Madison, 715, says: " The resolutions introduced by Govemor Randolph
were the result of a consultation on the subject, with an understanding that
they left all the deputies entirely open to the lights of discussion, and free to
concur in any alterations and modifications which their reflections and judg
ments might approve."
t Not General Charles Cotesworth Pinckney.

468 THE LIFE OP
tion — defects so great that he was convinced that it would
be politic in the convention to deterraine that they will con
sider the subject de novo ; that they will pay no further
attention to the confederation than to consider it as good
materials, and view themselves at liberty to form and
recoraraend such a plan as, frora their knowledge of
the teraper of the people, and the resources of the states,
will be most lUcely to render our governraent firm and uni
ted." With these prefatory reraarks, Pinckney subraitted his
plan of governraent. He then proceeded to coraraent upon
it. Frora these coraraents it appears that he contemplated
a legislature of two branches : the first to consist of dele
gates chosen by the states, in numbers according to their
relative importance, to vote per capita ; a senate, elected by
the house of delegates, upon " proportionable principles,
which, though rotative, will give that body a sufficient de
gree of stability and independence ;" each class to be elected
for four years. The executive to be appointed septenni-
ally, but re-eligible. If septennial appointraents were sup
posed to be too frequent, Pinckney stated that he vvould
have " no objection to elect hira for a longer term." He
was to have a council of revision, and among his other
powers " that of convening and proroguing the legislature
upon special occasions ;" and of appointing " aU officers
except judges and foreign ministers." A suprerae judiciary
to be instituted by congress, to take cognizance of aU offi
cers of the United States, of questions arising on the law
of nations, the construction of treaties, and of the regula
tions of congress in pursuance of their powers, and also
courts of adrairalty in the several states.
Congress were to have the exclusive powers then vested
in the confederation, and also the regulation of coraraerce ;
the raising money by irapost, and of troops in peace and
war ; with a proviso that, as to all cases which then re-

HAMILTON. 469
quu-ed the assent of nine states, and as to acts regulating
trade, and for levying an impost or raising troops, " the as
sent of two-thirds of both houses should be required."
After this exposition of Pinckney's plan,* it was resolved
that the Virginia propositions should wkh it be referred to
a coraraittee of the whole convention.
The discussion of the first six occupied two days. The
result was a declaration that " a national governraent ought
to be estabUshed, consisting of a suprerae legislative, judi
ciary, and executive ;" aU the states concurring except Con
necticut and New- York — Hamilton voting in favour of the
proposition. The question whether the right of suffrage in
the national legislature ought to be apportioned to the quo
tas of contribution, or to the nuraber of free inhabitants,
(HamUton urging the latter,) was postponed. Pennsylva
nia alone opposed the division of the legislature into two
branches. A raajority were in favour of the election of
the first branch by the people, as had been the practice of

* This statement is derived from a pamphlet published in 1788, entitled,
" Observations on the plan of govemment submitted to the federal conven
tion, by Mr. Charles Pinckney." — No. 2687 of select tracts of New- York His.
torical Society. A comparison of the plan in the Observations, with that on
the joumals, /arntsAed by Pinckney, sho'ws great dissimilarity. The "obser
vations" have no reference to an election of the house of representatives by the
people. On the contrary, it will be perceived by the journed ofthe sixth of June,
that Pinckney proposed their election by the state legislatures. The power of
appointment is given, in the " observations," to the executive, without the con.
sent of the senate, which is required by the journal plan. They propose a coun.
cil of revision, not contained in the journal plan ; gave the decision of territo
rial disputes to a court constituted as directed in the confederation. The plan
on the journal vests it in the senate. The journal plan requires the assent of
two-thirds of the members of congress present only in the enactraent of laws
regulating commerce. The " observations" speak of seventeen articles. The
journal plan contains sixteen. The " observations" refer to the eighth article
as relating to the post office. The eighth article of the joumal plan relates
solely to the executive power. The numerical discrepancy occurs in other
instances.

470 THE LIFE OF
Rhode Island and Connecticut under the confederation.
The proposition that the second should be chosen by the
first branch, out of persons appointed by the state legisla
tures, was rejected ; and it was declared that its raerabers
should be elected by the state legislatures. The sixth re
solve gave to each branch the right of originating acts, and
conferred on the national legislature the legislative rights
vested in congress by the confederation, and erapowered it
to legislate in all cases to which the separate states were
incorapetent, or in which the harmony of the United States
may be interrupted by the exercise of individual legislation,
and to negative all laws of the states contravening, in its
opinion, the articles of union, or any treaties subsisting
under the authority of the union — the last clause being sug
gested by Franklin. It w^s approved in this form, after
rejecting a section authorizing a resort to the force of the
union against any delinquent state.
The seventh resolution was considered on the first of
June. It declared that a national executive be chosen by
the legislature for a term of years, with a fixed compensa
tion, not to be increased or diminished so as to affect the
existing magistracy, which was to be ineligible, and, be
sides a general authority to execute the national laws, that
it ought to enjoy the executive rights vested in congress
by the confederation.
A raotion of Wilson, that it should consist of a single
person, was postponed, when Madison, urging that its
powers ought first to be defined, oflfered an amendment con
ferring on it the power to carry into execution the nation
al laws, to appoint to offices in cases not otherwise pro
vided for, and to execute such other powers, not legislative
or judiciary in their nature, as raay frora tirae to tirae be
delegated by the national legislature. The powers to ex
ecute the laws, and to appoint to ofiice, were approved ;
but the last indefinite clause was rejected, Massachusetts,

HAMILTON. 471
Virginia, and South Carolina voting for it. The terra of
office was next established at seven y^ ars.
Until this period of the proceedings. New- York was
represented by HaraUton and Yates, but on the second of
June, Lansing having taken his seat, Hamilton's vote was
merged in that of his coUeagues.
Immediately after, a proposal was made to postpone
the resolution respecting the executive, in order to take up
that relating to the second branch of the legislature : only
three states voted in its favour. A motion was then made
by Wilson, that the executive magistracy should be elected
by electors chosen in districts of the states, in whom the
executive authority of the governraent should be vested.
This motion was negatived, seven states being against it ;
the vote of New- York divided, and its election by the na
tional legislature being approved. To control this great
object of jealousy, a proposition was made that it should
be reraovable by the national legislature. This was defeat
ed, but it was declared to be ineligible a second tirae ; and
instead of giving the legislature a general power of rerao
val, a provision, derived frora the constitution of North
CaroUna, rendering the executive removable on impeach
ment, and conviction of malpractice or, neglect of duty,
was, at the suggestion of WiUiamson, substituted. It was
again moved that the executive should consist of one per
son. The subject was now discussed at large, Butler,
Gerry, Charles Pinckney, Sherman, and WUson being in
favour of a single, Madison and Randolph of a plural execu
tive. In the letters written prior to the meeting of the con
vention by Madison to Washington in reference to the
executive, he is seen to have stated that he had " scarcely
ventured to form his own opinion yet, either of the man
ner in which it ought to be constituted, or of the authori
ties with which it ought to be clothed." This language

472 THE LIFE OF
would seem to imply that he then conteraplated a plural
magistracy. He now observed, " the way to prevent a
majority from having an interest to oppress the minority,
is to enlarge the sphere." " Elective monarchies are tur
bulent and unhappy." "Men are unwilling to admit so
decided a superiority of raerit in an individual, as to ac
cede to his appointraent to so pre-erainent a station. If
several are admitted, as there will be many competitors of
equal merit, they raay be all included — contention pre
vented, and the repuljlican genius consulted."*
Randolph followed. He reraarked, that "the situation
of this country was peculiar. The people were taught an
aversion to raonarchy ; all their constitutions were opposed
to it. The fixed character of the people was opposed to
it. If proposed, it will prevent a fair discussion of the
plan. Why cannot three execute ? Great exertions were
only requisite on particular occasions. Safety to liberty
was the great object ; legislatures may appoint a dictator-
He spoke of the seeds of destruction ; slaves might be ea
sily enlisted. The executive may appoint men devoted to
them, and even bribe the legislature by offices. The chief
magistrate wiU also be free from impeachment."
Wilson answered, alleging that the extent of the coun
try, and the diversity of manners, precluded the dangers
aUuded to. " A confederated republic," he observed, " unites
the advantages and banishes the disadvantages of other
kinds of govemment. Rendering the executive ineligible,"
he declared, " was an infringement of the right of election."
Bedford concurred in the opinion, that the executive
should be re-eligible. He reraarked, that " peculiar talents
were requisite for the executive ; therefore, there ought to
be an opportunity of ascertaining his talents, and therefore
frequent change."
* Hamilton's MSS. notes, vol. 1, p. 74. — Madison does not give these
remarks. — ^Reports of Ist and 2d June, vol. 2, Madison Papers, p. 763— -783.

HAMILTON. 473
The question being taken, seven states voted in favour
of a single executive. New- York, (Yates and Lansing
giving the vote,) Delaware, and Maryland in the negative.
, The eighth resolve proposed a councU of revision, to be
composed of the executive and of a part of the judiciary.
It was to be empowered to revise every act of the national
legislature before it should operate, and of the particular
legislatures of each state, before a negative thereon should
be final. The dissent of the council to araount to a rejec
tion, unless the act of the national legislature was again
passed, or that of a particular state should be again ne
gatived by the vote of a certain nuraber of the merabers
of each branch. Madison was zealous for this revisionary
council. HaraUton was averse to it, from the "danger
that the executive, by too frequent communication with the
judicial, may corrupt it." As to the argument that this
negative would not be used, he reraarked, " it would go
so far as to prove that the revisionary power would not
be exercised, and therefore was useless." He seconded a
motion of Wilson to vest an unqualified negative in the
executive. This proposal was rejected, but a modified
provision passed, giving this negative to the executive, un
less two-thirds of the legislature should concur, thus dis
pensing with the council of revision.
The ninth resolve contemplated a national judiciary, to
hold during good behaviour, to receive a compensation not
to be increased or diminished so as to affect the incum
bents. It was to consist of a supreme appellate, and infe
rior tribunals, whose jurisdiction was to extend to pira
cies and felonies on the seas, and captures from an enemy ;
to cases in which foreigners or citizens of other states
might be interested, or which respected the collection ofthe
revenue ; to impeachments of any national officer, and
questions involving the national peace and harmony. Wil
son moved that the judiciary should be appointed by the
60

474 THE LIFE OP
executive. Madison was opposed to this. He thought
that the executive should by no raeans make the appoint
ment, and pursuing the policy of Virginia, which gave the
appointment to the legislature, he proposed to vest it in
the second branch. '
A provision for the adraission of new states, was in the
next place adopted. On the sixth of June, proposals to
give the election of the first branch of the national legisla
ture to those of the several states, and to annex a council
of revision to the executive, to be coraposed of the nation
al judiciary, were renewed, and failed. It was urged in
favour of the first proposition, that if " the legislatures did
not partake in the appointment, they would be more jeal
ous of the general governraent ; and that the state legisla
tures ought also to elect the senators, so as to bring into
it the sense of the state governments," and thus " lead to a
raore respectable choice."
Madison contended, that at least one branch should be
chosen by the people. He stated that* there were " two
principles on which republics ought to be constituted.
One, that they should bave such an extent as to render
corabinations on the ground of interest difficult. The
other, by a process of election calculated to refine the rep
resentation of the people."!

* Hamilton MSS. v. 1, p. 75.
t In reference to these principles, this comraent by Harailton is preserved'.
" Maddison's theory. Answer : — There is truth in both these principles, but
they do not conclude as strongly as he supposes. The assembly, when cho
sen, will raeet in one room, if they are drawn from half the globe, and will
be hable to all the passions of popular asserablies.
" If more minute links are wanting, others will supply them. Distinctions
of eastem, raiddle, and southern states, wiU come into view, between com-
mercial and non-commercial states. Imaginary lines will influence, &c.
" The human mind is prone to limit its view to near and local objects. Pa
per money is capable of giving a general impulse. It is easy to conceive a
popular sentiment pervading the eastern states." Madison also observed,

HAMILTON. 475
The election of the second branch by the state legisla
tures was propo^d, and, after the rejection of a motion
that it should be chosen by the people, was passed unani-
mouslj-. The term of service of the first branch was fixed at
three, that of the second branch at seven years. The
members were to receive fixed stipends out of the national
treasur)-. and to be ineUgible to any office estabhshed by
a state, or by the United States, (except those peculiarly
belonging to the functions of the respective branch.) du
ring the term of serrice. and under the national govern
ment for one year after its expiration. The restriction on
their re-eligibUity, and the right to recaU those of the se
cond branch, were expunged. An important motion was
now made as to the power to be confided to the legisla
ture. It was proposed by Charles Pinckney, and second
ed by Madison, that it should have a negative on all laws
of the states which to it shaU appear improper. This was
sustained by only three states — Massachusetts, Pennsyl
vania, and Virginia.
After some discussion of the mode of appointing the
executive, the rule of sufifrage now existing as to the choice
of the first branch of the legislature was adopted, and a
proposal was made to give to each state an equal vote in
the second branch.
Wilson and Hanulton urged that the rule adopted as to

" that large districts are less hable to be mfluenced by factious demagogues
than small." " This," Hamilton noted, " is in some degree tme, but not sp
generally as may be supposed. FrequenUy small portions of large districts
cany elections. An influential demagogue will give an impulse to the
whole. Demagogues are not always inconsiderable persons. Patricians
were fi«quently demagognes. In large districts, characters are less known,
and a less active interest is taken in them."
" One great defect of our state govemments is, that they do not present ob
jects sufficiently iatei«sting to the human mind."

476 THE LIFE OF
the first should govern in the choice of the second branch..
They prevailed for the moraent. A guarantee of a repub
lican constitution, and of its existing laws to each state,
was unaniraously approved. It was declared that a pro
vision ought to be raade for the amendraent of the consti
tution ; and that the legislative, executive, and judiciary
of each state ought to be bound by oath to support the
articles of union. After an approval of the fifteenth re
solve, that the amendments to the confederation with the
approbation of congress should be subraitted to an assem
bly, or assemblies, elected by the people, the Virginia reso
lutions were reported to the house on the thirteenth of
June. During the discussion of these resolutions, such of the
delegates from Connecticut, New- York, New-Jersey, Dela
ware, and Maryland, as were in favour of a larger reten
tion of power in the states, prepared a series of resolves,
which were on the fifteenth of June subraitted by Pater
son. They were designated "the Jersey plan." This
plan conteraplated an enlargeraent of the powers of con
gress, without any change in the structure of the gov
ernment — an apportionraent of the ratio of contribution
to the population — the election by congress of a plural
federal executive — a federal judiciary to be appointed by
the executive, to hold during good behaviour — a provision
rendering the acts of congress and treaties the supreme
law, with compulsory authority over the states by the
national force.
This scherae being referred to a coraraittee of the
whole house, with a view to bring the respective systems
into full contrast, it was moved by Rutledge, seconded by
Hamilton, that the amended resolutions frora Virginia be
recommitted. The broad question, whether a national
government, or mere articles of confederation were to be
recoraraended, was now presented. The debate was open-

HAMILTON. 477
ed on the sixteenth of June, by Lansing. He stated, that
the national system proposed to draw the representation
from the whole body of the people, without regard to the
state sovereignties. That the substitute proposed to pre
serve the state sovereignties. What were the powers
under which the convention acted ? " Different legislatures
had a different object," but the general purpose was to
" revise the confederation." " Independent states cannot
be supposed to be wiUing to annihUate the states." " The
state of New- York would not have agreed to send mera
bers on this ground."
It is " in vain," he said, " to devise systeras, however
good, which vrill not be adopted." " If convulsions hap
pen, nothing we can do will give thera a direction. The
legislatures cannot be expected to make such a sacrifice."
" The wisest men in forming a systera frora theory are
apt to be raistaken." " The present national government
has no precedent, or experience to support it," and the
" general opinion was, that certain additional powers ought
to be given to congress."
He was foUowed by Patterson, who observed, first, that
their plan accorded with their powers ; second, that it ac
cords with the " sentiraents of the people. If the confed
eration was radically defective, we ought to return to our
states and teU them so. He came not here to sport senti
ments of his own, but to speak the sense of his constitu
ents." The " states treat as equal ; the present compact
gives one vote to each state. By the articles of the con
federation, ' alterations are to be made by congress, and aU
the legislatures.' All the parties to a contract raust as
sent to its dissolution. The states collectively have advan
tages, in which the sraaller states do not participate ; there
fore individual rules do not apply."
The " force of government," he observed, " wiU not de
pend on the proportion of representation, but on the quan-

478 THE LIFE OF
tity of power." " A check is not necessary in a general
governraent of coraraunities, but in an individual state the
spirit of faction is to be checked." " How have congress
hitherto conducted theraselves ? The people approve of
congress, but think they have not power enough."
On a comparison of the different schemes of govern
ment then before the convention, it is seen that Pinckney
would have clothed the legislature with the powers vested
in congress by tbe confederation, and also with the regu
lation of comraerce, the raising money by irapost, and with
the control of the national force. The Virginia plan
would have conferred on the governraent powers supreme
in aU questions- of national interest ; a negative on the laws
of the states, with an express declaration of a power to
exert the coraraon force against a delinquent state.
Pinckney also proposed a single executive, while the
Virginia plan, having confided unliraited powers to the
legislature, would have vested the execution of those pow
ers in a plural raagistracy, ineligible a second time, con
trolled by a council of revision constituted from the judi
ciary, which would thus have become a political agent —
those powers to be exercised by a resort to force ; to ob
viate which, Madison is seen to have proposed a negative
on the laws of the states.
The Jersey plan was more objectionable. It created a
single legislative body, with the coraraand of the purse and
the sword ; derived its authority from the states ; estab
lished an equality of suffrage ; proposed that a minority
should govern; contemplated partial objects of legisla
tion ;* gave no negative upon that of the states ; created
a plural executive, reraovable on the application of a ma
jority of the executives of the states, without any negative
on the national legislature ; and a judiciary, to be appoint-
* The revenue was to be derived from imposts, stamps, and postage.

HAMILTON. 479
ed by the executive, with power to try impeachments of
federal ofiicers, but without any otiier original jurisdiction,
and without inferior tribunals.
Such were the forms of government in contemplation
for an empire of almost boundless territory, and destined
to contain a countless population.
As neither of these forms was adopted, and as the final
result was a coraproraise, it becoraes necessary, in order
to judge correctly of the extent of HamUton's influence
upon the character of that compromise, to trace the suc
cessive opinions of leading merabers of the convention.
With this view, it wiU be remarked, while the plan of
Madison and Randolph submitted it as an open question,
whether " the right of sufifrage in the national legislature
ought to be proportioned to the quotas of contribution, or
to the number of free inhabitants," that Hamilton was the
first to urge the latter as the true basis of a republican
governraentf* Both Hamilton and Madison agreed that the choice of
the first branch of it should be by the people ; but while
Hamilton would have derived the second branch, or senate,
also frora the people,t Madison preferred that it should be
chosen by the first branch.
The proposition of Virginia gave the choice of the ex
ecutive departraent of the governraent to the national
legislature. Hamilton, pursuing the great principle of a
popular government, was in favour of an executive to be
chosen by the people in districts through the mediura of
electors. Madison was the advocate of a plural executive, and
* Journal of Fed. Con., pp. 67-83. " It was moved by Mr. Hamilton,
seconded by Mr. Spaight, that the resolution be altered so as to read : Re
solved, that the rights of suffrage in the national legislature ought to be pio^
portioned to the number oifree inhabitants.'"
t Joumal, 112.

480 THE LIFE OF
would have associated with it a revisionary council, to be
formed of the national judiciary, having a qualified nega
tive. HaraUton, on the other hand, would have iraposed
on a single executive an undivided responsibility, without
a council of revision. He would have given the appoint
ment of the judiciary to the executive, and would have
charged it solely with judicial duties. The judiciary of
Madison was to be appointed by the second branch, to be
connected with the executive, to act politically as its con
trolling council, and also as the court of impeachraents on
the national otficers.
Passing frora the structure to the powers of the govern
raent — while HaraUton would have provided that the ex
ecutive should take care that the laws were faithfully ex
ecuted, Madison would have authorized the legislature to
delegate to it, frora tirae to tirae, such other powers, not le
gislative or judiciary in their nature, as it raight choose ;*
and would have given it a negative on the laws of the
states. As to the national legislature, he would have erapowered
it to " negative all laws" of the states " which to them shall
appear improper."! I* ^^s been seen that while he thought
that perhaps this negative " might create a mutual depen
dence between the general and particular authorities," and
thus " that the necessity of operating by force on the col
lective wUl of a state might be precluded," he said, " the
right of coercion should be expressly declared." This was
by far the highest toned form of government submitted to
the convention, and as it intermingled injuriously the dif
ferent departraents, and derived thera all frora the first le
gislative branch, would have resulted in an odious and in
tolerable tyranny, in which the executive and senate
would have been the creatures and mere' instruments
* Journal, p. 89. t Ibid. p. 107.

HAMILTON. 481
ofthe arbitrary will of the popular branch of the legisla
ture. In two most iraportant particulars, a common sentiment
is seen in the convention : the deterraination to lay a re
publican basis, in the pledge by an unanimous vote to
" guarantee to each state a republican constitution, and its
existing laws ;" and that the national judiciary should hold
their offices during good behaviour.
To establish a stable and enduring government of cora
petent powers, founded on the consent of the people, and
to combine a vigorous execution of the laws with a due
regard to liberty, by a judicious application of a system of
checks as far as was practicable, consistently with the ge
nius of a republic, were the great objects to be sought.
Neither of the plans before the convention promised to
effect these objects.
During its sitting, Hamilton had been engaged in framing
a plan of government, in which, while he adhered strictly
to the republican theory, he sought to blend with that form
the advantages of a monarchy.
On the eighteenth of June, upon a resolution of Dickin
son, " that the articles of confederation ought to be revised
and araended, so as to render the govemraent of the United
States adequate to the exigencies, the preservation, and
prosperity of the union," HaraUton addressed the cora
raittee. As no report approaching to accuracy has been
given of this memorable speech, it is deemed expedient to
publish the brief as it exists among his manuscripts.
INTRODUCTION.
I. Importance of the occasion.
II. A soUd plan, vrithout regard to temporary opinions.
III. If an ineflfectual plan be again proposed, it wiU beget
despair, and no government wifl grow out of con
sent. 61

482 THE LIPE OP
IV. There seem to be but three lines of conduct.
I. A league offensive, treaty of comraerce, and appor
tionment of the public debt.
II. An amendment of the present confederation, by add
ing such powers as the public mind seems nearest
being matured to grant.
HI. The forming a new government to pervade the whole,
with decisive powers ; in short, with complete
sovereignty.
Last seeras to be the prevaiUng sentiment.
I. Its practicability to be examined.
Immense extent unfavourable to representation.
Vast expense.
Double sets of officers.
Difficulty of judging of local circumstances.
Distance has a physical effect on men's minds.
Difficulty of drawing proper characters from home.
Execution of laws, feeble at a distance from govern
raent — particularly in the collection of revenue.
Sentiraent of obedience-

opinion.
L Objections to tbe present confederation.
Intrusts the great interests of the nation to hands
incapable of managing them.
All matters in which foreigners are concerned.
The care of the public peace — debts.
Power lof treaty, without power of execution.
Coraraon defence, without power to raise troops —
have a fleet — raise raoney.
Power to contract debts, without the power to pay.
These great interests of the state raust be weU man
aged, or the public prosperity must be the victim.
Legislates upon communities.
Where the legislatures are to act, they wiU delib
erate.

HAMILTON. 483
To ask money, not to coUect it, and by an unjust
measure. No sanction 1 1
Amendment of confederation according to present
ideas.
I. Difficult because not agreed upon any thing. Ex —
Impost.
Commerce — dififerent theories.
To ascertain the practicabUity of this, let us examine
the principles of civil obedience.
SUPPORTS OF GOVERNMENT.
I. . Interest to support it.
II. Opinion of utility and necessity.
ni. Habitual sense of obligation.
IV. Force.
V. Influence.
I. Interest — particular and general interests.
Esprit de corps.
Vox popuh. Vox Dei.
II. Opinion of utility and necessity. i
First wiU decrease with the growth of the states.
Necessity.
This does not apply to federal government.
This may dissolve, and yet the order ofthe commu
nity continue.
Anarchy not a necessary consequence.
III. Habitual sense of obligation.
This results from adrainistration of private justicfc.
Demand of service or money odious.
IV. Force — of two kinds.
Coercion of laws — Coercion of arms.
First does not exist — and the last useless.
Attempt to use it, a war between the states.

484 the life of
Foreign aid.
Delinquency not confined to one.
V. Influence —
1. From municipal jurisdiction.
2. Appointment of officers.
3. Militai-y jurisdiction.
¦1. Fiscal jurisdiction.
All these now reside in {the) particular states.
Their srovcrnmcnts are thc chief sources of hon-
our and eraolument.
AMBITION  avarice.
To effect any thing, passions must be turned towards
the general government.
Present confederation cannot be amended, unless the
most important powers be given to congress constituted
as they are.
This would be liable to all (the) objections against any
form of general government, with the addition of the want
of checks.
Perpetual effort in each member.
Influence of individuals in office to excite jealousy and
clamour — state leaders.
Experience corresponds.
Grecian republics.
Demosthenes says — Athens seventy-three years — Lace
dasmon twenty-seven — Thebans after battie of Leuctra.
Phocions — consecrated ground — Philip, «Stc.
Germanic erapire.
Charlemagne and his successors.
Diet — recesses.
Electors now seven, excluding others.
Swiss Cantons.
Two diets.
Opposite alliances.
Berne — Lucerne.

HAMILTON. 485
To Strengthen the federal government, powers too great
must be given to a single hand.
League oflensive and defensive, &c.
Pai-ticulai- governments might exert themselves, &c.
But liable to usual vicissi(/»(/('s.)
Internal peace aflfected.
Proximity of situation — natural enemies.
Pai'tial confederacies from unequal extent.
Power inspires ambition.
Weakness begets jealousy.
Western territory.
Objn. — Genius of republics pacific.
Answer. Jealousy of commerce as well as jealousy of
power, begets wai-.
Sparta — Athens — Thebes — Rome — Carthage — Venice
—Hanseatic League.
England as many populai- as i-oyal wars.
Lewis the XIV. — Attstria — ^Bourbons — ^WUUam and
Anne. Wars depend upon ti-ifling circumstances.
Whoi-e — Dutchess of Mai-lborough's glove.
Foivign conquest.
Dismemberment — Poland.
Foreign influence.
Distractions set afloat vicious humoui-s.
Standing armies by dissensions.
Domcst ie factions — Montesquieu.
^[oiuirchy in southern states.
[O^ Federal rights — Fisheries.
Wars — destructive.
Loss of advantages.
Foreign nations would not respect our rights nor grant
us reeiprocity.
Would reduce us to a passive commerce.
Fisheries — navigation of the lakes — ^Mississippi — ^Fleet

486 THE LIPE OF
The general government raust, in this case, not only have
a strong soul, but strong organs by which that soul is to
operate. Here I shaU give my sentiments of the best form of gov
ernment — not as a thing attainable by us, but as a model
which we ought to approach as near as possible.
British constitution best forra.
Aristotle — Cicero — Montesquieu — Neckar,*
Society naturaUy divides itself into two pohtical di
visions — the few and the many, who have distinct interests.
If governrnent in the hands of the few, they wiU tyran
nize over the raany.
If (m) the hands of the raany, they wiU tyrannize over
the few. It ought to be in the hands of both ; and they
should be separated.
This separation raust be perraanent.
Representation alone will not do.
Deraagogues will generally prevail.
And if separated, they wUl need a mutual check.
This check is a monarch.
Each principle ought to exist in fnll force, or it wiU not
answer its end.
The democracy must be derived immediately from the
people. The aristocracy ought to be entirely separated ; their
power should be permanent, and they should have the
caritas liberorum.
* In Madison's very imperfect report of this speech, the authority of
Neckar is alone adduced. The opinion entertained of hira at that time, is
seen m the eloquent coraraendation of Edmund Burke. " I behold a fabric
laid on the natural and solid foundation of trust and confidence among
men, and rising by fair gradation, order above order, according to tbe jast
rules of symmetry and art — principle, method, regularity, economy, frugality,
justice to individuals and care of the people, are the resources with which
Franco makes war upon Great Britam. — The minister who does these things
is a great man."

HAMILTON. 487
They should be so circumstanced that they can have no
interest in a change — as to have an eflfectual weight in the
constitution. Their duration should be the earnest of wisdom and
stabiUty. 'Tis essential there should be a permanent wiU in a com
munity. Vox populi, vox Dei.
Source of government — the unreasonableness of the
people — separate interests — debtors and creditors, &c.
There ought to be a principle in govemment capable
of resisting the popular current.
No periodical duration will come up to this.
This will always imply hopes and fears.
Creature and Creator.
Popular assemblies governed by a few individuals.
These individuals seeing their dissolution approach, wiM
sacrifice. The principle of representation wUl influence.
The most popular branch wiU acquire an influence over
the other.
The other may check in ordinary cases, in which there
is no strong public passion ; but it wiU not in cases where
there is — the cases in which such a principle is most ne
cessary. DCP Suppose duration seven years, and rotation.
-f One-seventh will have only one year to serve.
One-seventh  two years.
One-seventh  'three years.
One-seventh—  four years.
A majority wiU look to a dissolution in four years by
instalraents. The monarch must have proportional strength. He
ought to be hereditary, and to have so much power, that it
wiU not be his interest to risk much to acquire more.

488 THE LIFE OP
The advantage of a monarch is this— he is above cor
ruption—he raust always intend, in respect to foreign na
tions, the true interest and glory of the people.
Republics liable to foreign corruption and intrigue-
Holland — Athens.
Eflfect of the BrUish govemment.
A vigorous execution of the laws — and a vigorous
defence of the people, will result.
Better chance for a good administration.
It is said a republican govemment does not admit a
vigorous execution.
It is therefore bad ; for the goodness of a government
consists in a vigorous execution.
The principle chiefly intended to be established is this —
that there must be a permanent imll.
Gentlemen say we need to be rescued from the democ
racy. But what the raeans proposed ?
A deraocratic asserably is to be checked by a democratic
senate, and both these by a democratic chief magistrate.
The end wiU not be answered — the means will not be
equal to the object.
It will, therefore, be feeble and inefficient.
RECAPITULATION.
I. Impossible to secure the union by any modification
of fcederal governraent.
II. League, offensive and defensive, full of certain evils
and greater dangers.
III. General governraent, very difficult, if not impracti
cable, Uable to various objections.
What is to be done ?
Answer. Balance inconveniences and dangers, and
choose that which seeras to have the fewest objections.
Expense adraits of this answer. The expense of the
state governments vriU be proportionably dirainished.

HAMILTON. 489
Interference of officers not so great, because the objects
of the general govemraent and the particular ones wiU not
be the same — Finance — Administration of private justice.
Energy will not be wanting in essential points, because
the adrainistration of private justice will be carried home
to men's doors by the particular governments.
And the revenues may be collected frora imposts, ex
cises, &c. If necessary to go further, the general gov
ernment may make use of the particular governments.
The attendance of members near the seat of govern
ment raay be had in the lower branch.
And the upper branch raay be so constructed as to in
duce the attendance of merabers frora any part.
But this proves that the government must be so consti
tuted as to offer strong motives.
In short, to interest all the passions of individuals.
And turn them into that channel.
After having stated his theoretical opinion of govern
ment, Hamilton declared "that the republican theory
ought to be adhered to in this country, as long as there
was any chance to its success — that the idea of a perfect
equality of political rights among the citizens, exclusive of
all permanent or hereditary distinctions, was of a nature to
engage the good wishes of every good man, whatever
might be his theoretic doubts ; that it merited his best efforts
to give success to it in practice ; that hitherto, from an in
competent structure of the government, it had not had a
fair trial, and that the endeavour ought then to be to secure
to it a better chance of success by a government more
capable of energy and order."*
The speech of which this brief is given, occupied in the
delivery between five and six hours, and was pronounced
* Hamilton to Washington, post.
62

490 THE LIFE OF
by a competent judge,* " the most able and impressive he
had ever heard."!
In the course of this speech, he read his plan of govern
raent, not the propositions which are found in the printed
* Gouverneur Morris.
t On a comparison of this brief with Madison's report, it is not possible to
give credence to his statement, " that Hamilton happened to call upon him
when putting the last hand to it, who acknowledged its fidelity, without sug
gesting more than a very few verbal alterations, which were made."
Neither in the general outline, nor in the subdivisions, does it approach so
near to accuracy as by possibility to have received the sanction of its author.
A few of the discrepancies will be indicated.
In Madison's report of the preliminary remarks, to show that the states
may have had in view a reference to the people at large, he ascribes this ob
servation to Hamilton : — " In the senate of New- York a proviso was moved,
that no act ofthe convention should be hinding until it should be referred to the
people, and ratified ; and the motion was lost by a single voice only ; the rea
son assigned being, that it might probably be found an inconvenient shackle."
Had this proviso been raoved, it must have been moved on the 28th of Feb
ruary, 1787, upon a resolution introduced by Hamilton in the assembly on
the 26th, and proposed by Schuyler in the senate on that day. No such pro.
viso was moved.
The proviso actually moved was that of Yates, an adherent of Clinton,
who proposed to insert a declaration that " the alterations and provisions in tha
articles of confederation should be not repugnant to, or inconsistent with, the
constitution of the state," and it was lost by a single vote.
Thus Hamilton is represented as sanctioning the accuracy of a speech,
which contains a statement of an occurrence that did not take place, when
he was a principal actor in, and was familiar with all the particulars of what
had occurred at an interval of less than four months.
As the ground of the opposition of his colleagues, and that on which they
soon after withdrew from the convention, was, that it was exceeding its pow
ers, it is obvious, if he had made such a statement, that it would have been
controverted by them, and shown to have been erroneous by referring to the
journals of New- York. As no such statement was made by Hamilton, no
contradiction of it is found in the notes of Yates ; but his actual representa
tion, and which corresponds with the fact, is there correctly given, " Nor
can we," he observed, in reply to Lansing,t " suppose an annihilation of our
powers by formmg a national govemment, as many of the states have made
t YutOB' Debatee, 130. New- York JouidbIb, 1787. pp. 44, 45, Febmary 28th.

HAMILTON. 491
journal, but " a fuU plan, so prepared that it might have
gone into immediate eflect if it had been adopted."
This plan consisted of ten articles, each article being
divided into sections.
in their constitutions no provisions for any alterations ; and thus much I can
say for the state I have the honour to represent, that when our credentials
were under consideration in the senate, some members were for inserting a
restriction on the powers, to prevent an encroachment on the constitution.
It was answered by others ; and, therefore, the resolve carried on the creden
tials, that it might abridge some of the constitutional powers of the state, and
possibly, in the formation of a new union, it would be found necessary. This
appears reasonable, and therefore leaves us at liberty to form such a national
government as we think best adapted to the good of the whole."
In the enumeration of the supports of govemment, Madison, 880, represents
Hamilton as stating the second to be " the love of power. Men love power.
The same remarks are applicable to this principle': — the states have con
stantly shown a disposition rather to regain the powers delegated by them,
than to part with more, or to give effect to what they had parted with ! The
ambition of their demagogues is known to hate the control of the general
government." Could he have embraced " the love of power," producing
such consequences as Iare here enumerated, among " the supports of govern
ment ?"
Yates states the second support thus, " Utility and necessity," which
agrees with the brief, each confirming the accuracy of the other. And sub
sequently, when he represents Hamilton as saying " men always love power,"
he represents hira as adding the observation, " and states will prefer particu
lar concerns to the general welfare." In No. 15 of the Federalist, after
speaking of the perpetual effort " of the states, or inferior orbs, to fly off from
the common centre," Hamilton observes: " This tendency is not difficult to
be accounted for — it has its origin in the love of power. Power controlled, or
abridged, is almost always the rival and enemy of that power by which it is
controlled or abridged." The third support stated by Hamilton, Madison
says, was " an habitual attachment by the people." Yates concurs with the
brief, in stating it to be " an habitual sense of obligation."*
A raore remarkable feature in this report is, that Madison, in order to leave
the irapression that Hamilton contemplated a monarchy, omits the declara
tion ascribed to him by Yates. " / despair that a republican form of gov
emment can remove the difficulties. Whatever may be my opinion, I would
* YateB, 191. Ifthiaabould be called a verbal difference, it will be recollected that HamiUon
is «aid to have acknowledged " the fidelity of his report, without suggesting more than a very
few verbal alterations." Would he not havo suggested an alteration of this error 1

492 THE LIFE OF
The^r** of these declared that the "legislative power
should be vested in an asserably and senate, subject to a
negative ; the executive power, with specified qualifica
tions, in a president of the United States ; and the supreme
judicial authority, with certain exceptions, in a supreme
court, to consist of not less than six, nor more than twelve,
judges. The assembly of representatives were (by the second ar
ticle) to be chosen by the free raale citizens and inhabitants
of the several states in the union, aU of whora, of the age
of twenty-one years and upwards, were to be entitled to
an equal vote. The first asserably was to consist of one
hundred raerabers, which were distributed araong the
states — the raost populous state, Virginia, having sixteen,
and the least populous, Delaware, having two representa
tives. The whole nuniber was never to be less than one

hold it, however, unwise to change that form of government."* Thus con.
curring with the declaration previously more accurately given, in his own
language, " that the republican theory ought to be adhered to in this country
as long as there was any chance of its success ; that the idea of a perfect equal
ity of all political rights among the citizens, exclusive of all permanent and
hereditary distinctions, was of a nature to engage the good wishes of every
good man, whatever might be his theoretic doubts ; that it merited his best
efforts to give success to it in practice ; that hitherto, from an incompetent
structure of the government, it had not had a fair trial ; and that the en-
deavour ought then to be, to sucure to it a better chance of success, by a gov
ernment more capable of energy and order."
No true friend of his fame can regret that he entertained, and, entertain
ing, expressed these theoretic doubts ; and it is the sublimest aspect of his
character, that, in despite of these doubts, he devoted " the best efforts" of
his life to give this experiment of " a perfect equality of pohtical rights, sue
cess in practice."

* Madison, 893, says in a note : " The explanatory obserrations, which did not immediately ,
follow, were to have been furnished by Mr. H., who did not find leisure at the time to write them
out, and they were not obtained." It is not probable Hamilton, approving hia report of the
speech, as tie alleges, would have omitted sucb important explanatory observations: But if he,
did so omit them, it was incumbent upon Madison to have given the substance of them. On
reading them, the motive to this omission becomes obvious.

HAMILTON. 493
hundred, nor raore than a given nuraber, which was not
fixed, to be apportioned araong the states by a decennial
census of the whole nuraber of free persons, except In
dians not taxed, and three-fifths of aU other persons : the
terra of service was to be determined by the legislature, but
was not to exceed three years, and to commence and end
the same day. It was to choose its own officers, to judge
and decide on the qualifications and elections of its raem
bers, and to have the exclusive power of impeachraent ;
but the concurrence of two-thirds was necessary to im
peach a senator.
Revenue bUls and appropriations for the support of
fieets and armies, and for the salaries of the officers of gov
ernment, were to originate in this body, but might be al
tered or amended by the senate. The acceptance of of
fice under the United States, vacated a seat in it. Thus,
in the constituency of this branch of the government, (aU
the citizens and inhabitants of the union,) the principle of
UNIVERSAL SUFFRAGE was recogniscd, and the deraocratic
interests were fully represented. Its power over the purse,
the sword, and over impeachments, gave it the raeans to
resist usurpation, and rendered it an efficient counterpoise
to the raore durable merabers of the governraent, and the
natural guardian of the rights and liberties of the people.
The third article related to the second branch of the le
gislature. The senate were also representatives of the
people, but under the modifications that the senators were
to be chosen by electors elected in districts of the states
for that purpose, and only by persons who had an estate
in land for life, or for an unexpired term of not less than
fourteen years. The first senate was to be apportioned
among the states as the convention should decide. For
the purpose of future elections, the states which had more
than one senator, were to be divided into convenient dis
tricts, to which senators were to be apportioned. A state

494 THE LIFE OP
having one senator, to be a district. In case of death, re
signation, or the reraoval of a senator frora office, his place
was to be supplied by a new election in the district frora
which he carae ; and upon each election there were not to
be less than six nor raore than twelve electors chosen in
a district. The senate was never to consist of less than
forty members, nor was any state to have a less number
than that originally aUotted to it ; but the number might
be increased in proportion to the whole number of repre
sentatives in the ratio of forty to one hundred ; the increase
to be apportioned among the states according to the re
spective numbers of their representatives. The senators
were to hold during good behaviour, removable only by
conviction on impeachraent for some crime or raisderaea
nor, and might vote by proxy, but no senator present was
to hold more than two proxies. To the senate, thus repre
senting the numbers and property of the country, compo
sing a not numerous body, and reraoved from imraediate
popular influences and passions, were conflded the sole
power of declaring war, and a control over the patronage
of the government, by requiring its consent to executive
appointraents, which consent was also necessary to the
ratification of treaties.
By the fourth article, the president was to be elected by
electors chosen by electors chosen by the people in election
districts. The first electors of each state were to be equal
in number to the whole number of senators and represen
tatives of such state in the national legislature. They were
to be chosen by its citizens having an estate of inheritance,
or for three lives in land, or a clear personal estate of the
value of a thousand Spanish dollars of the then standard.
These first electors of each state, raeeting together, were
to vote for a president by ballot, not being one of their
own nuraber. Then they were to nominate openly two
persons as second electors ; and out of the nominees having

HAMILTON. 495
the four highest numbers, were to choose by ballot, by plu
rality of votes, two who were to be the second electors of
each state. These second electors, neither of whom could
be voted for as president, were to raeet on an appointed
day, and in the presence of the chief-justice, or of a senior
judge of the supreme court of the United States, were to
open the lists of the persons voted for by the first electors.
The person having a majority of the whole number, was
to be president. If there was not a majority, then the se
cond electors were to vote for one of the three persons
having the highest number of the votes of the first electors ;
and the person having a number of votes equal to a ma
jority of the whole nuraber of the second electors chosen,
was to be tiie president. But if no such second choice
should be made, then the person having the highest nura
ber of votes of the first electors, w^as to be president. By
this coraplicated process, it was hoped to obtain a correct
ed expression of the public "wishes in the choice of the
chief magistrate, who was stiU the representative of the
people. The president was to take an oath, " faithfuUy to exe
cute his office, and to the utmost of his judgment and power
to protect the rights of the people, and preserve the con
stitution inviolate." He was to hold his oflBce during good
behaviour, removable only by conviction upon irapeach
ment of some crime or misdemeanor. He was to have
power to convene and to prorogue the legislature ; to have
a negative on the acts and resolutions of the assembly and
senate ; to take care that the laws be faithfully executed; to
be commander-in-chief of the army, navy, and miUtia ; and
to have the direction of wai- when commenced, but not to
take the actual command in the field without the consent
of the senate and assembly ; to have the absolute appoint
ment of the chief officers of the four great executive de
partments, and the nomination, and, with the advice of the

496 THE LIFE OF
senate, the appointment of all other officers, except such
as were differently provided for by the constitution, re
serving to the legislatures the power of appointing by name,
in their laws, persons to execute special trusts, and leaving
to rainisterial officers the appointraent of their deputies.
He might fill vacancies teraporarily in the recess of the
senate, and could pardon all offences except treason, which
required the assent of the senate and assembly. He might
be impeached by two-thirds of the legislature, two-thirds
of each house concurring. If convicted, to be removed
frora office, and then tried and punished in the ordinary
course of law. His irapeachraent was to operate as a sus
pension, until determined. His compensation was to be
fixed, and not to be increased or diminished during his
terra of service. If he departed the United States, his of
fice was abdicated.
The president of the senate was to be vice-president ;
to exercise all the powers of the president in case of his
death, resignation, irapeachraent, reraoval from office, or
absence frora the United States, until another was chosen.
The chief-justice, and other judges ofthe suprerae court,
were {by the fifth article) to hold during good behaviour,
reraovable by irapeachraent and conviction. They were
to have original jurisdiction in aU causes in which the
United States shall be a party ; in aU controversies between
the United States and a particular state, or between two
or raore states, except questions of territory ; in all cases
affecting foreign rainisters, consuls, and agents : and an ap
peUate jurisdiction, both as to law and fact, in all cases
concerning the citizens of foreign nations ; in all questions
between the citizens of different states, and in all others in
which the fundaraental rights of the constitution were in
volved, subject to specified exceptions, and to the regula
tions of the legislature. The judges of all courts which
might be constituted by the legislature, were also to hold

HAMILTON. 497
during good behaviour, removable by impeachment, and
were to have corapetent salaries, to be paid at stated tiraes,
and not to be dirainished during their continuance in office ;
but the legislatures might abolish the courts themselves.
All crimes, except on impeachment, were to be tried by
a jury of twelve raen, in the state where comraitted ; and
aU civil causes arising under the constitution, before triable
by jury in the states, were also to be tried by jury, unless
two-thirds of the national legislature should, in special
cases, concur in a different provision.
When offices were of such duration as good behaviour,
it was felt to be highly iraportant to provide an efficacious
and independent tribunal of irapeachment ; and as not only
the rights of the nation, but of the states, were to be guarded,
to have reference in its constitution to the general and par
ticular governraents.
With this view, a court of irapeachment was to be insti
tuted, by which the president, vice-president, the senators,
governors, and presidents of the states, the principal offi
cers of the great executive departments, ambassadors and
public ministers, judges of the supreme court, generals and
admirals of the navy, were to be tried. This court was to
consist of the judges of the suprerae court, and of the chief
justice, or first or senior judge, of the suprerae court of law
of each state, of whom twelve were to compose a court,
and a majority might convict. AU other persons, when
impeached, were to be tried by a court to consist of the
judges of the supreme court and six senators, drawn by
lot, a majority of whom might convict. Provisions were
made for conducting these impeachraents. Such was to
have been the perraanent structure of this governraent.
The danger of collisions between the states, arising out
of conflicting claims of territory, had been presented to
Hamilton, in the progress ofthe controversy between New-
York and Vermont. Other claims were unsettled. He
63

498 THE LIFE OF
proposed (in a sixth article) that a court should be formed,
when territorial controversies should arise, of persons to
be nominated by the controverting states, not their own
citizens, double the number of the judges of the suprerae
court, one-half of whora, elected by the senate, should,
with the judges of that court, decide the appeal.
In the resolutions prepared by Harailton in seventeen
hundred and eighty- three, it is seen that the leading defect of
the confederation proposed to be corrected by him was, its
" confining the federal governraent within too narrow liraits ;
withholding frora it that efficacious authority and influence in
all raatters of general concern, which are indispensable to
the harmony and welfare of the whole ; erabarrassing gen
eral provisions by unnecessary details and inconvenient ex
ceptions, incorapatible with their nature, tending only to cre
ate jealousies and disputes respecting the proper bounds of
the authority ofthe United States, and that ofthe particular
states, and a rautual interference of the one with the other."
It was a settled raaxim in his mind, " that a government
ought to contain within itself every power requisite to the
full accoraplishraent of the objects comraitted to its care,
and to the complete execution of the trusts for which it is
responsible ; free frora every other control but a regard
for the public good, and to the sense of the people."
Another raaxira was, " that every power ought to be
coraraensurate with its object ; that there ought to be no
limitation of a power destined to affect a purpose which is
of itself incapable of liraitation." Applying these enlarged
and obvious principles, and having sought to guard, in the
structure of the governraent, against an abuse of its pow
ers, he declared, in the seventh article of this constitution,
that " the legislature of the United States shall have power
to pass all laws which they shall judge necessary to the
coraraon defence and general welfare of the union."
As a check upon this power, every act, bill, or resolu-

HAMILTON. 499
tion, was to have the assent of the president, which, if not
given within ten days after such act being presented to
him, was to become a law, of which the enacting style
was to be, that it was " enacted by the people of the Uni
ted States of Araerica ;" thus recognising in every exer
cise pf legislative power the sovereignty and unity of the
American people. This general power was followed by
the declaration of a few general restrictions in the nature
of a biU of rights, either suggested by the experience of
this country, or having reference to the nature of the gov
ernraent. The danger of legislative tyranny, and of retrospective
kws, not only to the domestic peace, but to the foreign
relations of the country, had been too imraediately before
him not to have commanded his attention. To provide
an efficient check to such pernicious proceedings, he
framed a clause declaring " that no bill of attainder or
ex post facto law shall be passed ;" and adopting the lan
guage of the articles of the confederation, and thus add
ing guards to the republican systera, he provided that no
title of nobility should be granted by the United States, or
either of thera, and that no person holding any office or
trust under the United States should, without perraission
of the legislature, accept any present, eraoluraent, office, or
title, froni a foreign prince or state. " The prohibition of
tities of nobility," he said, " raay truly be denorainated the
corner-stone of repubUcan government ; for, so long as
tities of nobility are excluded, there can never be serious
danger that the government wiU be any other than that of
the people."
To preclude the recurrence of such an attenipt as he
had recently defeated in the asserably of New- York, and
carrying out the principle that is seen in his systera of
public instruction, he erabodied in the constitution the
proviso, so important to the interests of religion, to free-

600 THE LIFE OF
dom of opinion, and to the peace of society, " nor shaU
any religious sect, or denoraination, or religious test for
any office or place, be ever established by law."
In forming a govemment founded upon a fuU recogni
tion of the sovereignty of the people, it is seen that he had
apportioned the representation to the nuraber of free in
habitants ; thus following this great principle to its appro
priate result. But in apportioning the direct contribu
tions of the states to the public treasury, there being no
comraon measure of a nation's wealth, he took a basis
which, in the peculiar condition of this country, promised
a "nearer approach to equality than any other. " Taxes
on lands, houses, and other real estate, and capitation
taxes, were to be proportioned in each state to the whole
number of free persons, except Indians not taxed, and
three-fifths of all other persons."
As the comraand over the purse of the nation was in
tended by hira to, be a real check upon the action of the
governraent, and with this view the originating revenue
bills had been given to the popular branch, he provided
" that the two houses raight by joint ballot appoint a trea
surer of the United States," thus securing the custody of the
revenues of the nation to the departraent it had intrusted
with raising and appropriating thera.
A governraent perforraing its great office of providing
for the coramon defence and safety, and for the general
welfare, by its own comprehensive organs, acting upon indi
viduals, the only proper objects of governraent, would
perhaps have possessed a sufficiently central power to have
maintained its due ascendency. But as the state govern
ments were to continue in order to prevent collision, it was
declared that the laws of the United States, and treaties
made under the articles of the confederation, and to be
made under the constitution, were to be the supreme law
of the land, and to be so construed by the several courts of

HAMILTON. 501
the several states. The legislature was to convene once in
each year, which, unless otherwise provided for by law,
should be on tiie first Monday in December : to receive a
reasonable compensation fixed by law. no succeeding as
sembly to increase its own compensation.
The preceding injunction, that the laws and treaties of
the United States - shall be the supreme law of the land,'"
obligatory on aU the courts, guarded against confficts with
the legislation of the states, and in theoiy secured the ne
cessary supremacy to the judiciarj^ power of the general
government ; but that {>ower might be rendered nugatory
by a defective execution of those laws. The position of
>>ew York at that moment indicated tbe danger to be ap
prehended from the executive trust of the states being in
dependent of the government of the union.
To provide against both these evils, he declared (in the
Wjj-JlA earticle) that the govemor or president of each state
shafl be appointed by the authority of tbe United States.
shaU have a negative on all laws about to be passed in the
state of which he shaU be govemor or president, subject to
sudi regulations as the legislature of the United States
shaU prescribe, but in aU other respects, except as to the
appointment of the officers of the mihtia, to have the same
powers the constitution of the states then did or should
allow. Each governor or president of a state was to
hold his office until a successor -was actually appointed,
¦which could not be durii^ the recess of the senate, " un
less he died, resigned, or was removed on impeachment.'"
The officers of the militia might be appointed under the
authority of the United States, unless its legislature au-
thorixed their appointment by the govemors or presidents
of the states : and, to avoid any obstruction from that
source, the govemors and presidents of the states at the
time of the ratification of the constitution, were to con
tinue in office in the same manner, and with the same pow-

502 THE LIFE OP
ers, as if they had been appomted by the president and
senate of the United States.
" If it be possible," HaraUton observed, " to construct a
federal governraent capable of regulating the coramon
concerns, and preserving the general tranquillity, it must
carry its agency to the persons of its citizens. It must
stand in need of no interraediate legislations, but raust it
self be erapowered to employ the arm of the ordinary
magistrate to execute its own resolutions. The majesty
of the national authority must be manifested through the
mediura of the courts of justice. The governraent of the
union, like that of each state, raust be able to address itself
iraraediately to the hopes and fears of individuals, and to
attract to its support those passions which have the strong
est influence upon the human heart. It must, in short,
possess all the means, and have a right to resort to all the
methods, of executing the powers with which it is intrust
ed, that are possessed and exercised by the governments
of particular states."
Und6r this important provision as to the appointments
of these governors and presidents, the adrainistration of
the general governraent, pervading the states, would have
executed itself, while theirdegislatures would have retained
the control of that part of internal police which relates
" to the rights of property and life among individuals, the
administration of justice, the supervision of agriculture,
and of such things as are proper for local legislation."
The advantages would thus have been attained of the re-
productiveness of the civil power, and of its diffusive force
throughout the whole extent of the republic, and the state
legislatures would have acted as sentinels to warn against
the flrst approach of usurpation.
The ninth article provided that the president raust then
be " a citizen of one of the states, or hereafter be born a
citizen of the United States ;" that senators and represen-

HAMILTON. 503
tatives must be citizens and inhabitants of the state in
which they were chosen.
Prompted by the recent proceedings in New- York, he
also provided that no person eligible as president, or to the
legislature, shall be disqualified but by the conviction of
some offence for which the law shall have previously or
dained the punishment of discjualification ; but that the
legislature might provide by law that persons holding
offices under the United States, or either of them, shaU not
be eUgible to the assembly, and " shall be, during their con
tinuance in office, suspended frora sitting in the senate."
The citizens of each state were to be entitled to all the
immunities of citizens of other states, and full faith and
credit was to be given to the public acts, records, and ju
dicial proceedings of each ; fugitives frora justice were
to be delivered up ; — provisions taken frora the articles of
confederation. No new state was to be forraed without
the concurrent consent of the United States, and of the
states concerned ; but new states raight be adraitted by
the general legislature into the union. The United States
were declared bound to guaranty a republican form of
government to each state, and to protect it as well against
doraestic violence as against foreign invasion ; a provision
drawn from the propositions of Randolph, but essentially
enlarged — supplying, as Harailton observed, " a capital ira
perfection" in the articles of the confederation. -
AU treaties, contracts, and engageraents under those ar
ticles, were to have equal vaUdity under the constitution ;
no state could enter into a treaty or aUiance with another,
or with a foreign power, without the consent of the United
States. The raembers of the legislature of the United
States and of each state, and all officers, executive and
judicial, were to take an oath or affirmation to support the
constitution of the United States.
Though a change of government would not have dis-

504 THE LIFE OF
solved existing treaties not inconsistent with its principles,
yet Hamilton's knowledge of the distinctions of interna
tional law would teach him the importance of a fuU and
expUcit declaration on this important subject, as a guai-d
of the interests and of the faitii of the nation. In the ab
solute prohibition of treaties by the states with foreign
powers, the restrictive clause of the confederation was ex
tended, and the requisition of an oath to support the con
stitution was a useful additional bond. Amendraents to it
were to be proposed by two-thirds of both houses, to be
ratified by the legislatures or conventions in two-thirds of
the states.
Finally, to secure the iraraediate operation of the new
systera, and to give it the solemn sanction of the people,
it was provided {in the tenth article) that the constitution
should be submitted to conventions of the people of each
state, by their deputies, chosen under thc direction of their
respective legislatures ; that each convention ratifying the
constitution should appoint the first representatives and
senators from such state, the representatives so appointed
to continue in office only one year.
When the constitution shall have been duly ratified, con
gress were to give notice of a day and place of meeting
of the senators and representatives from the several states;
a majority of whom, when asserabled, it was provided,
shall, by plurality of voices in joint ballot, elect a president
of the United States, " and the constitution, thus organized,
shall be carried into effect."
Frora this abstract it will be seen, though Hamilton
would have made use of the state governments for certain
purposes, thus completely refuting the allegation that he
contemplated their abrogation, yet it was his desire to
have established a simple governraent pervading the whole
union and uniting its inhabitants as one people. As it was
necessary that " each department should have a will of its

HAMILTON. 505
own," this governraent was so constituted that the mem
bers of each had no agency in the appointment of the
others, and, with the exception of the judiciary, each was
" drawn from the same fountain of authority, the people,
and through channels having no coraraunication whatever
with one another." " In the constitution of the judiciary
in particular," Hamilton remarked, " it might be inexpedient
to insist rigorously on the principle ; because peculiar quali
fications being essential in the members, the priraary con
sideration ought to be to select that mode of choice which
best secures these qualifications, and because the perma
nent tenure by which the appointraents are held in that
department must soon destroy all sense of dependence on
the authority conferring them."
" It is equally evident," he observed, " that the merabers
of each departraent should be as little dependent as possi
ble on those of the others, for the emoluments annexed to
their offices :" hence is seen the provision that the compen
sation of the executive and the judiciary should be fixed by
law ; that of the judges not to be diminished during their
term, and to guard against executive influence, that of the
president to be neither increased nor dirainished. "In
framing a government which is to be administered by men
over men, the great difficulty," he said, " lies in this — you
must first enable the government to control the govemed,
and, in the next place, oblige it to control itself. A de
pendence on the people is, no doubt, a priraary control on
g the governraent ; but experience has taught raankind the
necessity of auxiliary precautions." Of these, the chief
was " in the distribution of the supreme powers of the
state." " But it is not possible," he observed, " to give to
each department an equal power of self-defence. In re
publican governraents, the legislative authority necessarily
predominates. The remedy for this inconvenience is, to
divide the legislature into different branches ; and to ren-
64

506 THE LIFE OP
der thera by different modes of election, and different prin
ciples of action, as littie connected with each other as the
nature of their comraon functions and their common depend
ence on the society will adrait." With these views in the
structure of this governraent, while by the frequent choice of
the popular branch elected by universal suffrage, the derao
cratic infiuence was to be constantiy renewed and invi
gorated, in the duration of the senate and executive chosen
by constituents with property qualifications, he hoped to
secure efficient and enduring checks on the irapetuosity
and instability of the raany. The power of the people was
to be kept up by a constitutional augraentation of the'
nuraber of these representatives ; and thus the barrier
against executive usurpation, if attempted, was steadily
strengthened ; and " as the weakness of the executive," he
remarked, " raay require that it should be fortified," he
gave hira an " absolute negative on the legislature, as the
natural defence with which the executive magistrate should
be armed."
Having provided these precautions, by the deposit of
the national trusts with representatives of different inter
ests freely chosen by the people, and holding by a respon
sible and defeasible tenure, govemed by the great maxims
previously stated, he empowered the legislature " to pass
all laws necessary to the comraon defence and safety, and
to the general welfare of the union."
It would require an elaborate coraraentary to indicate
the character and adaptation of the raore rainute parts of
this frarae of govemraent to their several purposes, nor wiU
its qualities be more fully discussed. If intrinsic de
fects are seen, they are defects resulting frora the inherent
difficulty of imparting the necessary and safe vigour and
stabUity to republican institutions, which exclude the prin
ciple of hereditable power.
But in this approach " to the confines of another govern-

HAMILTON. 507
ment" without a departure from the republican theory, is
seen a remarkable manifestation, both of the fertility of
his genius, and of the severe and provident control of his
reason and experience. It would not be easy to pronounce
on the probable working of such a system,* but the subse
quent history of the country gives abundant evidence,
that a departure from some of its principles has neither
added security to liberty nor promoted the general wel
fare. * Plan in the Appendix.

508 THE LIFE OP

CHAPTER XXIV.
[1787.]
Having thus presented to the convention the raodel of
an efficient govemraent. founded on the power of the peo
ple, Harailton now exerted all his influence to raise their
rainds to a point which it is questionable whether they
would have otherwise reached. The result of these ef
forts raay be seen in the influence which the opinions of
Washington, however cautiously expressed, would exert
over the raembers of that body ; and in the direction now
given to Madison's mind : both of whom, Harailton subse
quently stated, adopted his views, regarding his plan as
not exceeding in stabUity and strength what the exigen
cies of the country required. "They were," in his own
words, " completely up to the scheme."
On the day after his speech was delivered, Madison ad
dressed the coraraittee.* He stated that the confederation
might be dissolved by the infraction of any article of it,
recapitulating the instances in which it had been violated.
The Jersey plan did not provide for the ratification of the
states. Its judiciary was to have only an appellate juris
diction, without providing for a second trial. We must
radically depart from the federal plan, or share the fate
of all confederacies. The Jersey plan gave no checks on
the excesses of the states. It did not secure the internal
tranquiUity, nor prevent foreign influence.
* The residue of the debates is taken, with very few exceptions, from
Yates, the general accuracy of which is confirmed by other authorities.

HAMILTON. 509
How is mUitary coercion to enforce government ? Un
less we agree upon a plan, what wiU be the situation of the
smaller states ? If they form partial confederacies, must
they not make larger concessions to the greater states ?
The large states cannot assent to an equal representation.
If the states were equalized, state distinctions would stiU
exist. In reply to an observation of WUson, Harailton reraark
ed that he did not intend yesterday a total extinguishraent
of state governments, but that a national government ought
to be able to support itself without the aid or interference of
the state governments, and therefore should have full sove
reignty. Even with corporate rights the states wiU be
dangerous to the national governraent, and ought to be
. new modified, or reduced to a smaller scale. In the course
of a series of forcible and eloquent reraarks. King observ
ed that none of the states were at that tirae sovereign or
independent ; many of their essential rights were vested in
congress. By the confederation, it possesses the rights of
the United States. This is ihe union of ihe men of these
states. None individuaUy or collectively, except in con
gress, have the rights of peace, or war, or treaty. The
magistracy in congress possesses the sovereignty. As to
certain points, we are now an united people ; consolidation
is already established ; the states are confederates, the con
stituents of a coramon sovereign, constituted with powers
partly federal and partly national. The alterations which
had been made, show others can be made, except the sub
version of the states, which are expressly guarantied. The
articles of the confederation providing in themselves for an
alteration, might be so altered as to give thera a national
character. " The declaration of independence," Wilson
said, " preceded the state constitutions. What does this
declare ? In the narae of the people of these states, we
are declared to be free and independent. The powers of

510 THE LIFE OF
war, peace, alliances, and trade, are declared to be vested
in congress."
"I assent to this reraark," HamiUon observed ; " establish
a weak governraent, and you raust, at times, overleap its
bounds. Rorae was obliged to create dictators. Cannot
propositions be raade to the people because we before con
federated on other principles ? The people can grant the
powers if they wiU ! The great objects of industry can
only be protected by a general governraent." On raotion
of King, it was resolved by seven states that the Jersey
plan was inadmissible.
Having thus obtained a decided expression of the opin
ion of the convention against the continuance of a mere
league with enlarged powers, they proceeded, on the twen
tieth of June, again to consider the Virginia resolutions.
After an amendment of the first, so as to declare that " the
government of the United States ought to consist of a su
prerae legislative, judiciary, and executive," Lansing moved
a declaration " that the powers of legislation be vested in
the United States in congress."* He stated that if the Jer
sey plan was not adopted, it would produce the mischiefs
they were convened to obviate. That the " principles of
that systera " were " an equality of representation, and de
pendence of the members of congress on the states. That
as long as state distinctions exist, state prejudices would
operate, whether the election be by the states or the peo
ple." If there was no interest to oppress, there was no
need of an apportionraent. What would be the effect of
the other plan ? Virginia would have sixteen, Delaware
one representative. WUl the general government have
leisure to exaraine the state laws ? Will it have the neces
sary inforraation? Will the states agree to surrender?
Let us raeet public opinion, and hope the progress of senti-
* Hamilton's MSS. notes, v. i. p. 77.

HAMILTON. 511
ment will raake future arrangements. " He would like the
system " of his colleague (Hamilton) " if it could be estab
lished,"* but it was " a system without example."
Mason vrished to preserve the state governments, and to
draw lines of deraarcation, trusting to posterity to araend.
He was in favour of a republican systera with a legislature
of two branches.
Martin urged the grant of new powers, and such a rao
dification of the existing system as would not endanger the
state governraents. " The grant," he said, " is a state grant,
and the union must be so organized that the states are in
terested in supporting it." After further debate, the pro
position to vest the powers of legislation in congress was
¦ rejected, and the national plan was taken up. On the ques
tion of constituting two branches ofthe legislature, Johnson
observed "that the Jersey plan would preserve the state
governments, and thus was a departure from that of Vir
ginia, which, though it concentres in a distinct national gov
ernment, is not wholly independent of those of the states.
" A gentleman frora New- York, with boldness and deci
sion, proposed a systera totally different frora both, and,
though he has been praised by every body, has been sup
ported by none. He could have wished that the support
ers of the Jersey systera could have been satisfied with that
of Virginia, and the individuality of the states be sup
ported. It is agreed on all hands that a portion of govern
ment is to be left to the states ; how can this be done ?
By joining the states in their legislative capacities, whh the
right of apportioning the second branch of the national
legislature to represent the states individuaUy." Wilson
would try to designate the powers of each. Madison ap
prehended the greatest danger from the encroachments of
* In the original notes, " He would like my system if it could be estab
lished — system without example."

5lS2 THE LIFE OF
the States ; an apprehension justified by experience. The
negative on the state laws afforded one security to the na
tional governraent. To draw the line between the two
was a difficult task. He believed it could not be done, and
was inclined to a general governraent. A national legis
lature of two branches was approved. ^
On the question of the election of the first branch by
the people, great diversity of opinion existed. Harailton
again declared hiraself in favour of it. He observed,* " It
is essential to the deraocratic rights of the coramunity,
that this branch be directly elected by the people. Let us
look to probable events. There may arrive a period when
the state legislatures may cease. Such an event ought not
to embarrass the national government."
Bang concurred in support of this principle. He believed
that the raagistrates of the states will ever pursue schemes
of their own ; and this state policy wUl, if the states elect
the first branch, pervade the national governraent, to which
those of the states wUl ever be hostile. After an opposite
view by Pinckney and Rutledge, the resolve, giving the
election to the people, was carried, and the duration of this
branch considered. It was proposed to lirait it to two years.
Sherraan was for one. Harailton said,f " There is a medium ;
I confess three years is not too long a term : a representative
ought to have freedom of deliberation, and ought to exercise
an opinion of his own. I ara convinced the pubhc mind
wUl adopt a solid plan ; although the government of New-
York is higher toned than that of any other state, yet the
electors are listless and indifferent. The public are not
now ready to receive the best plan of governraent, but the
progress of circumstances will give it a different complex
ion." A biennial term was then adopted.

* Yates, page 149, omitted in Madison's reports, 926.
t Yates, 151. See Madison, 931.

HAMILTON. 513
On the inquiry as to the compensation of the merabers,
Hamilton remarked that " the states ought not to pay the
members, nor ought the amount to be fixed by the consti
tution. He who pays is raaster. If each state pays its
own merabers, the burden being according to their re
spective distances from the seat of government, would be
disproportionate. It has been asserted that the interests
of the general and state legislatures are precisely the same.
This cannot be correct. The views of the governed are
often materially different from those who govern. The
'^science of policy is the knowledge of human nature, A
state government will ever be the rival power of the gen
eral governraent. It is, therefore, highly iraproper that
the state legislatures should be the payraasters of the
national government. All political bodies love power,
and it wiU often be iraproperly attained."* It was re
solved that the raerabers should be paid froni the public
treasury. To secure the representatives from influence, it had been
proposed to render thera ineligible to any office establish
ed by a particular state, or by the United States, during
their term of service. It was now proposed to expunge
the clause which extended the restriction to one year after
the expiration of that term. King considered it impossi
ble to carry the systera of exclusion so far, " and we refine,"
he said, " too rauch by going in this instance to Utopian
lengths. It is a raere cobweb." — " If there was no exclusive
clause, Madison thought there raight be danger of creating
offices, or augmenting the stipends of those already created,
in order to gratify merabers if they were not excluded.
Such an instance had fallen within his own observation.
He was of the opinion that no office ought to be open to a
member, which might be created or the emolument aug-
* Yates, 152-3.
65

514 THE LIPE OP
mented while he was in the legislature." HamUton closed
the debate* with these remarks : —
" In aU general questions which become the subjects of
discussion, there are always some truths mixed with false
hoods. I confess there is danger where men are capable
of holding two offices. Mankind in general are vicious —
their passions may be operated upon : we have been
taught to reprobate the danger of influence in the, British
government, without duly reflecting how far it is neces
sary to support a good government. We have taken up
many ideas upon trust, and at last, pleased with our own
opinions, establish them as undoubted truths. Hume'sf
opinion of the British constitution confirras the remark,
that there is always a body of firm patriots, who often
shake a corrupt administration. Take mankind as they
are, and what are they governed by ? Their passions.
" There may be in every governraent a few choice spirits,
who raay act from more worthy motives. One great error
is, that we suppose raankind raore honest than they are.
Our prevailing passions are arabition and interest ; and it
ever will be the duty of a wise governraent to avaU itself
of those passions, in order to raake them subservient to the
public good, for these ever induce us to action.
" Perhaps a few men in a state may, from patriotic mo
tives, or to display their talents, or to reap the public ap
plause, step forward. But if we adopt this clause, we
destroy the motive. I am, therefore, against all exclusions
and refinements, except this exclusion — that when a mem
ber takes his seat, he should vacate every other office. It

» Yates, 156.
t " It was known that one of the ablest politicians (Mr. Hume) had pro-
nounced all that influence on the side of the crown which went under the
name of corruption, an essential part of the weight which maintained the
equilibrium of the constitution."
Madison, 938, gives this version of HamUton's reraarks thus itahcised.

HAMILTON. 515
is difficult to put any exclusive regulation into effect ; we
must in sorae degree subrajt to the inconvenience."
The second branch, or senate, was next considered.
Hamilton, in accordance with his plan, wished that it should
be chosen by the people, through the raediura of electors ;
but it was decided that the choice should be made by the
state legislatures. Its term of service was much debated.
Madison said, " We are now to determine whether the re
publican forra shall be the basis of our governraent." He
admitted that great powers were to be given, and that they
might be abused. Merabers may also lose their attachment
to their states. Yet the first branch would control them
in many of their abuses. " But we are now forming a body
on whose wisdom we- mean to rely, and their perraanency
in office secures a proper field in which they may exert
their firmness and knowledge. Deraocratic coraraunities
may be unsteady, and be led to action by the impulse of
the moraent They raay be sensible of their own weak
ness, and desire the counsels and checks of friends to guard
thera against the turbulence and weakness of unruly pas
sions. Such are the various pursuits of this life, that, in
all civilized countries, the interest of a coraraunity wUl be
divided ; there wUl be debtors and creditors, and an une
qual possession of property ; and hence arise different
views and different objects in governraent. This, indeed,
is the ground-work of aristocracy, and we find it blended
in every governraent, both ancient and raodern. Even
where titles have survived property, we discover the noble
beggar haughty and assuraing. The raan who is possessed
of wealth, who loUs on his sofa or roUs in his carriage,
cannot judge of the wants or feelings of the day-labourer.
" The governraent we mean to erect is intended to last
for ages. The landed interest at present is prevalent ; will
it not in time, by the operation of trade and manufactures,
be overbalanced in future elections ? and, unless wisely pro-

516 THE LIFE OF
vided against, what wiU become of your government ? In
England, at this day, if elections were open to aU classes
of people, the property of the landed proprietors would be
insecure; an agrarian law would soon take place. If
these observations be just, our governraent ought to secure
the permanent interests of the country against innovation.
Landholders ought to have a share in the government to
support these valuable interests, and to balance and check
the other. They ought to be so constituted as to protect the
minority of the opulent against the majority. The senate,
therefore, ought to be this body ; and, to answer these pur
poses, ought to have permanency and stability. Various
have been the propositions ; but my opinion is, the longer
they continue in office, the better will their view be an
swered."* Sherman replied, " that a bad governraent was the worse
for being long ; that frequent elections give security and
permanency. That in Connecticut an annual government
had existed one hundred and thirty-two years, and as long
as a man behaves well he is never turned out of office.
Four years to the senate is quite sufficient with the rota
tion proposedi"
Hamilton observed, " This question has already been
considered in several points of view. We are now form
ing a repubhcan government. Real liberty is neither found
in despotism, nor in the extremes of democracy, but in mode
rate governments. Those who mean to forra a solid re
publican governraent, ought to proceed to the confines of
another governraent. f As long as offices are open to all
* Yates, 169.
t It will be remarked that a similar opinion was expressed by Jefferson a
few months before. Writing from Paris, February 28, 1787, to La Fayette,
then about to take part iij the deliberations of France, he observed, " I wish
you success in your meeting, (the assemblie des notables.) I should form'
better hopes of it, if it were divided into two houses instead of seven ; keep.

HAMILTON. 517
men, and no constitutional rank is estabhshed, it is pure
republicanism. But if we incline too much to democracy, we
shall soon shoot into a monarchy. The difference of pro
perty is already great among us. Commerce and industry
wiU stUl increase the disparity. Your government must
meet this state of things, or combinations will in process
of tirae undermine your system. What was the tribuni-
tial power of Rome ? It was instituted by the plebeians as a
guard against the patricians. But was this a sufficient
check ? No 1 The only distinction which remained at
Rorae was, at last, between the rich and poor. The gen
tleman from Connecticut forgets that the democratic body
is already secure in a representation. As to Connecticut,
what were the httle objects of their governraent before the
revolution ? Colonial concerns merely. They ought now
to act on a -more extended scale ; and dare they do this ?
Dare they collect the taxes and requisitions of congress ?
Such a government may do well if they do not tax, and
this is precisely their situation."
Wilson remarked, " The motion is now for nine years,
and a triennial rotation. Every nation attends to its for
eign intercourse to support its coramerce, to prevent foreign
contempt, and to make war and peace. Our senate will
be possessed of these powers, and therefore ought to be
dignified and permanent. What is the reason that Great
Britain does not enter into a coraraercial treaty with us ?
Because congress has not the powers to enforce its observ
ance. But give them those powers, and give thera the
stability proposed by the motion, and they wiU have more
i-ng the good model of your neighbouring country before your eyes, you may
get on step by step towards a good constitution. Though that model is not
perfect, yet, as it would unite more suffrages than any new one which could
be proposed, it is better to make that the object. If every advance is to be pur
chased by filling the royal coffers with gold, it will be gold well employed."
—2 Jeff. Works, p. 101.

518 THE LIFE OF
permanency than a raonarchical governraent. The great
objection of many is, that this duration would give birth to
views inconsistent with the interests of the union. This
can have no weight if the triennial rotation is adopted',
and this plan may possibly tend to conciliate the iriinds of
the members of the convention on this subject, which have
varied more than on any other question." Delaware, Penn
sylvania, and Virginia, were in favour of nine years, but
it was agreed that it should be six, with a biennial rota
tion. The discussion of the powers of the legislature was de
ferred in order to consider the proportionate suffrage of
the states in its choice. Martin urged with great vehe
mence an equal representation of the states as their right,
and as most promotive of the general welfare ; and after
a raotion of Lansing, that the representation in the first
branch should be according to the rule of the confederation,
Madison supported earnestly a proportionate ,representa-
tion of the states. " Sorae gentleraen," he said,* " are
afraid that the plan is not sufficiently national, while others
apprehend that it is too rauch so. If this point of re
presentation was once well fixed, we would come nearer
to one another in sentiment. The necessity would then
be discovered of circumscribing more effectually the state
governments, and enlarging the bounds of the general gov
emraent. Sorae contend that the states are sovereign, when
in fact they are only pohtical societies. There is a gra
dation of power in all societies, frora the lowest corpora
tion to the highest sovereign. The states never possessed
the essential rights of sovereignty. These were always
vested in congress. Their voting as states in congress is
no evidence of sovereignty. The state of Maryland voted
by counties. Did this make the counties sovereign? The
* Yates, p. 184-5.

HAMILTON. 519"
states at present are only great corporations, having the
power of making by-laws, and these are effectual only if
they are not contradictory to the general confederation.
The states ought to be placed under the control of the gen
eral government, at least as much so as they formerly were
under the king and British parliament. The arguments,
I observe, have taken a different turn, and I hope raay tend
to convince aU of the necessity of a strong energetic gov
ernment ; which would equally tend to give energy to, and
protect the state governments." He deprecated the jeal
ousy of the states, and observed, " If the power is not irarae
diately derived from the people, in proportion to their num
bers, we make a paper confederacy, but that will be all !"
" I would have no objection," Judge Read observed, " if
tho government was more national, but the proposed plan
is so great a mixture of both, that it is best to drop it alto
gether. A state government is incompatible with a gen
eral government. If it was more national, I would be for
a representation proportionate to population. The plan
of the gentleman from New- York (Harailton) is certainly
the best. But the great evil is the unjust appropriation
of the public lands. If there was but one national govem
ment, we would be aU equaUy interested."
Hamilton, in the progress of this discussion, remarked —
" The course of my experience in human affairs might,
perhaps, restrain me from saying rauch on this subject. I
shall, however, give utterance to sorae of the observations
I have raade during the course of this debate. The gen
tleman from Maryland has been at great pains to establish
positions which are not denied. Many of them, as drawn
from the best writers on government, are become self-
evident principles. But I doubt the propriety of his appU
cation of those principles in the present discussion. He
deduces from them the necessity that states entering into
a confederacy must retain the equaUty of votes. This po-

520 THELIFEOF
sition cannot be correct. Facts contradict it. The par
liaraent of Great Britain asserted a supreraacy over the
whole erapU-e, and the celebrated Judge Blackstone labours
for the legality of it, although raany parts were not repre
sented. This parliaraentary power we opposed as con
trary to our colonial rights. With that exception, through
out that whole erapire it is subraitted to.
" May not the sraaUer and greater states so raodify their
respective rights as to establish the general interest of the
whole without adhering to the right of equality ? Strict
representation is not observed in any of the state govern
ments. The senate of New- York are chosen by persons
of certain qualifications to the exclusion of others.
" The question after aU is — Is it our interest, in modify
ing this general government, to sacrifice individual rights
to the preservation ofthe rights of an artificial being, called
states ? There can be no truer principle than this — That
euery individual ofthe community at large has an equal right
to the protection of govemment. If, therefore, three states
contain a majority ofthe inhabitants of Araerica, ought they
to be governed by a rainority ? Would the«nhabitants of
the great states ever subrait to this ? If the sraaller states
raaintain this principle through a love of power, will not
the larger, from the same raotives, be equally tenacious to
preserve their power ? They are to surrender their rights
— for what ? For the preservation of an artificial being.
We propose a free governraent. Can it be so, if partial
distinctions are raaintained ?
" I agree with the gentleraan from Delaware, that if the
state governments are to act in the general governraent, it
affords the strongest reason for exclusion. In the state
of New- York five counties forra a majority "of representa
tives, and yet the governraent is in no danger, because the
laws have a general operation. The sraall states exagger
ate their danger, and on this ground contend for an undue

HAMILTON. 521
proportion of power. But their danger is increased if the
larger states will not Subrait to it. Where will they forra
new- alliances for their support ? Will they do this with
foreign powers ? Foreigners are jealous of our increasing
greatness, and would rejoice in our distractions. Those
who have had opportunities of conversing with foreigners
respecting sovereigns in Europe, have discovered in thera
an anxiety for the preservation of our deraocratic gov
ernraents, probably for no other reason but to keep us
weak. Unless your government is respectable, foreigners
wiU invade your rights — and to maintain tranquiUity, it
must be respectable. Even to observe neutrality you must
have a strong government.
" I confess our present situation is critical. We have just
finished a war which has established our independence, and
loaded us with a heavy debt. We have stiU every raotive
to unite for our common defence. Our people are dis
posed to have a good govemment, but this disposition may
not always prevaU. It is difficult to amend confederations :
it has been attempted in vain, and it is perhaps a miracle
that we are now met. We raust therefore improve the
opportunity, and render the present system as perfect as
possible. Their good sense, and, above aU, the necessity
of their affairs, will induce the people to adopt it."
Lansing's motion was negatived by six to four states,
Maryland being divided, and the original resolution passed.
Imperfect as these reports are, they are sufficient to
show the spirit in which Hamilton raet the objections to
an energetic system, labouring to vindicate the cause of
an efficient raoderate government.
Some private business paUing him at this tirae to New-
York, he was absent frora the convention a few days.
Frora the influence ^of Washington he hoped rauch ; and
soon after his departure he coraraunicated to hira his ira
pression of what he believed to be the opinion of the peo-
66

622 THE LIFE OF
pie, and his convictions as to the policy to be pursued. His
letter gives the iraportant and interesting fact, that, previ
ous to this raoment, no disclosure of his sentiraents had
been sought by Harailton from Washington. Such was
the delicacy observed towards a personage to whom the
country looked as its probable head, if a general govern
ment should he established.
HAMILTON TO WASHINGTON.
DEAR SIR,
In my passage through the Jerseys, and since ray arrival
here, I have taken particular pains to discover the public
sentiraent, and I ara raore and more convinced that this is
the critical opportunity for establishing the prosperity of
this country on a solid foundation. I have conversed with
men of inforraation, not only of this city, but frora differ
ent parts of the state ; and they agree that there has been
an astonishing revolution for the better in the rainds of
the people.
The prevaUing apprehension araong thinking men is, that
the convention, from the fear of shocking the popular opin
ion, wUl not go far enough. They seem to be conrinced,
that a strong, well-mounted government will better suit the
popular palate, than one of a different complexion. Men
in office are, indeed, taking all possible pains to give an un
favourable impression of the convention ; but the current
seems to be moving strongly the other way.
A plain but sensible raan, in a conversation I had with
him yesterday, expressed hiraself nearly in this raanner : —
The people begin to be convinced that their " excellent
forra of govemment," as they have been used to caU it,
wiU not answer their purpose, and that they must substitute
something not very remote from that which they have
lately (Juitted.

HAMILTON. 623
These appearances, though they will not warrant a con
clusion that the people are yet ripe for such a plan as I advo
cate, yet serve to prove that there is no reason to despair
of their adopting one equally energetic, if the convention
should think proper to propose it. They serve to prove
that we ought not to allow too rauch weight to objections,
drawn frora the supposed repugnancy of the people to an
efficient constitution. I confess I am more and raore in
clined to believe that forraer habits of thinking are regain
ing their influence with raore rapidity than is generaUy
imagined. Not having compared ideas with you, sir, I cannot judge
how far our' sentiments agree; but, as I persuade myself,
the genuineness of my representations wUl receive credit
with you. My anxiety for the event of the deliberations
of the convention, induces me to raake this communication
of what appears to be the tendency of the public raind.
I own to you, sir, that I ara seriously and deeply dis
tressed at the aspect of the counsels which prevaUed when
I left Philadelphia. I fear that we shall let slip the golden
Opportunity of rescuing the American empire from dis
union, anarchy, and raisery.
No motley or feeble measure can answer the end, or will
finally receive the public support. Decision is true vris
dom, and will be not less reputable to the convention, than
salutary to the coramunity.
I shall of necessity remain here ten or twelve days. If
I have reason to believe that ray attendance at Philadel
phia wiU not be raere waste of time, I shall, after that
period, rejoin the convention.
New-York, July 3d, 1787.
The apprehensions entertained by Hamilton were con
firmed by the temper evinced during the renewed discus
sion of a proposition of EUsworth that each state should

524 THE LIFE OF
have an equal vote in the second branch of the legislature.
At its terraination the increased strength of the states right
party was shown by an equal division of the votes — five
states being in favour of the proposition and five in the ne
gative — Maryland divided.
The pertinacity with which the claims to an equal par
ticipation in the second branch were pressed, following the
warmth previously exhibited on the question of electing
the first branch by the people, threatened an utter prostra
tion of all hope of concurring in a plan of government.
Under these circurastances. General Cotesworth Pinck
ney proposed to appoint a committee to adjust the embar
rassing controversy.
Martin objected to the measure as an attempt to com
promise, and, feehng the strength of his party, declared,
" You raust give each state an equal suffrage, or our business
is at an end." Sherraan replied, that " we had reached a
point frora which we cannot raove in either direction," and
urged the coraraittee.
Gouverneur Morris followed, insisting on the necessity of
an aristocracy " of raen of great and established property"
in the second branch, to be checked by the deraocratic
branch, and thus give stability to the government. "A
senate for seven years, excluded from office, would be," he
observed, *• one of the baubles of the general governraent.
A governraent by compact is no governraent. While I
avow rayself," he said, " the advocate of a strong govern
ment, I admit that the influence of the rich must be guard
ed : and a pure deraocracy is equally oppressive to the
lower orders of the community." He threw out these're-
marks for the consideration of the coraraittee to be ap
pointed. WUson did not approve of this expedient. If
adopted, he was for a smaller coraraittee. Madison ob
jected to it as only a source of delay. If appointed " from
each state, we shaU have in it the whole force of state pre-

HAMILTON. 525
judices." " The great difficulty is to conquer forraer opin
ions. The motion can as well be decided here as in com
mittee." Gerry urged accommodation as absolutely neces
sary, hoping that the defects raight be amended by a future
convention. The motion was carried by nine states, Jer
sey and Delaware dissenting, and a committee of a raem
ber frora each state was chosen by baUot, coraposed chiefly
of the advocates of the Jersey plan.
On the flfth of July a coraproraise was reported. It
proposed to give to each state one representative for every
forty thousand inhabitants, computing three-fifths of the
slaves as one white, and to a state containing a less nura
ber, one representative, to compose the first branch ; vest
ing in that branch the exclusive origin and control of
money biUs ;^that in the second branch, each state should
have one vote.
The advocates of a strong government opposed the pro
position, WUson insisted upon a division of the question.
Madison declared that the originating raoney bills was no
concession on the part of the sraaUer states, as seven states
corabining in the second branch, could control the first ; it
being small in nuraber and well connected, will ever pre
vaU. No provision is made as to the regulation of trade,
imposts, treaties. We are driven to an unhappy dileraraa.
Two-thirds of the inhabitants of the union are to please
the remaining third by sacrificing their essential rights.
In behalf of this compromise it was asserted, that the
power over raoney bills was an equivalent for the equal
representation in the senate. That it properly belonged to
the democratic branch. The senate being farther removed
from the people, would be less attentive to econoray. It
was analogous to the parliaraentary usage of England.*
The members most strenuous for retaining power in the
• Gerry's State of Facts.

526 THE LIFE OF
States wished to postpone the consideration of the first
proposition in order to enter upon the second, which was
not acceded to ; and the question, whether nurabers or rela
tive contribution should determine the proportion of suf
frage, was referred to a special coraraittee. It was then
proposed to consider the constitution of the second branch.
This was postponed by the vote of six states — Massachu
setts and New- York divided.
Having given a vote in favour of conferring on the first
branch the originating raoney biUs, and thus fulfiUing that
part of the proposed coraproraise, it was raoved that in the
second branch the states should have an equal vote, which
was approved. On the ninth of July the special commit
tee reported an apportionment of the raerabers of the first
branch araong the states, and that the legislature be au
thorized to augraent the nuraber frora tirae to tirae, and in
case a state be divided, or two or more united, or a new
state be created within the liraits of the United States, it
be empowered to regulate the nuraber of representatives
upon the principles of their wealth, and nuraber of inhabit
ants ; the provisional clause was approved, the equal vote
in the second branch teraporarily sanctioned, and the ratio
was established on a conjectural basis. An objection being
taken to the sraall nuraber of representatives, this sub
ject was referred to the grand coraraittee frora each state.*
The following day King reported a new scale of repre
sentation, increased frora fifty-six to sixty-five raerabers.
At this important moraent, when a large concession had
been raade to the advocates of an equal power in the
states, and a basis had been formed upon which a corapound
* Madison states a proposition, proceeding from himself, as a proper ground
of compromise ; that in the first branch the states should be represented ac
cording to the number of free inhabitants, and in the second, which had for
one of its primary objects the guardianship of property, according to the whole
mmibcr, including slaves — in effect, a southern predominance.

HAMILTON. 527
government, in part national, and in part federal, was to
be established, Yates and Lansing retired finally from
the convention.* On the last day on which they appeared,
Washington replied to HaraUton.
WASHINGTON TO HAMILTON. Philadelphia, 10th July, 1787.
DEAR SIR,
I thank you for your communication ofthe third. When
I refer you- to the state of the counsels which prevaUed at
the period you left this city, and add that they are now,
if possible, in a worse train than ever, you will find but
little ground on which the hope of a good establishment
can be forraed. In a word, I almost despair of seeing a
favourable issue to the proceedings of the convention, and
do therefore repent having had any agency in the busi
ness. The men who oppose a strong and energetic govern
ment, are, in my opinion, narrow-minded poUticians, or
are under the influence of local views.
The apprehension expressed by them, that the people
wiU not accede to the form proposed, is the ostensible, not
the real cause of opposition ; but admitting that the pre
sent sentiment is as they prognosticate, the question ought
nevertheless to be, is it or is it not the best form ? If the for
mer, recoraraend it, and it wiU assuredly obtain maugre
opposition. I am sorry you went away — I wish you were back. The
crisis is equaUy iraportant and alarraing, and no opposition,
under such circurastances, should discourage exertions, till
the structure is flxed. I wUl not, at this time, trouble you
with more than my best wishes and sincere regards.
* July 10.

528 THE LIFE OF
A Stronger contrast cannot be drawn/ than is seen in
the tope of this correspondence, and in the conduct of the
governing party in New- York.
On the one side, the utraost solicitude to seize this " crit
ical opportunity for establishing the prosperity of this
country on a solid foundation;" on the other, a' cold and
selfish desertion of U at the raoraent of its utmost peril.
It was not possible to have taken a course more calcula
ted to arrest the proceedings of the convention ; and when
the juncture at which the delegates from New- York re
tired is considered, no doubt can be entertained that such
was the object.
That they acted in accordance with Clinton, was proved
by his deportment at this time. Unreserved declarations
were made by him, that no good was to be expected from
the appointment or deliberations of this body. That the
most probable result was, that the country would be thrown
into confusion by the raeasure. That it was by no raeans
a necessary one, as the confederation had not underg'one
a sufficient trial, and probably, on a raore full experiment,
would be found to answer all the purposes of the union.
" Clinton,'" Hamilton reraarked, " was not a raan govern
ed m ordinary cases by sudden irapulse ; though of an
irritable teraper, when not under the iraraediate influence
of irritation, he was circuraspect and guarded, and seldom
acted or spoke without premeditation or design."
Such declarations frora such a source, could only have-
been intended to excite prejudices against whatever plan
should be proposed by the convention. Feeling that Clin
ton's conduct raight, and fearing that it would, induce the
raischief he so confidently and openly predicted, Harailton
resolved to exhibit it before the public in all its deforraity.
He imraediately published a pointed aniraadversion, charg
ing these declarations upon hira, and avowing a readiness
to substantiate them.

HAMILTON. 529
Having thus interposed his personal influence to counter
act this insidious policy by an appeal to the people, he
hastened to PhUadelphia, and there, without a vote, stand
ing alone, and unsupported by his state, he renewed his
exertions to compose the heats and heal the differences
which had arisen, and, as far as was in his power, to aid in
directing the course of the convention.
The discussion of the compromise was protracted until
late in July, when the first of the propositions having been
modified, both were adopted, though by a vote indicating
a wide difference of opinion. Five states were in favour
of thera, but they were those of secondary iraportance.
Pennsylvania, Virginia, South Carolina, and Georgia, voted
against them ; and the iraportant commonwealth of Mas
sachusetts was divided. During this debate the number
of representatives was apportioned to each state, in the first
congress. It was declared that the representation ought
to be proportioned to direct taxation, and to ascertain the
necessary alterations in it, that a periodical census should
be taken. South Carolina and Georgia, seeking to increase
their relative weight, would have embraced in this census
aU their slaves ; but the three-fifths compromise, although
at first rejected,* was finally adopted. An effort was alsQ
made to establish the principle, that the representation of
the new states to be adraitted into the union, should never
exceed that of the original thirteen ; but this unequal pro
position was defeated.!
In determining the period when a census should be taken,
a simUar contest for power was also seen. The vote was
at first unanimous for a^ re-apportionment at the expiration
of fifteen years. Then two years were proposed ; then six ;
then twenty ; a decennial census was ultimately estabUshedv

* Connecticut, Virginia, North Carohna, and Georgia, voting for it.
t AfBrmative, Massachusetts, Connecticut, Delaware, and Maryland,
67

530 THE LIPE OF
The principles of the constitution of the first branch be
ing settled, those of the second were considered. A pro
posal was made to fix the nuraber of senators at thirty-six,
and to apportion thera araong the states. Massachusetts
and Virginia urged this change warraly, but it was resolv
ed that each state should have an equal vote. The com
promise on this point being effected, a new contest for
power was seen in the several raodifications suggested in
the structure of the other departraents of the governraent,
and in the extent and distribution of its powers.
The legislative powers of the governraent were now
considered, and a general declaratory clause was passed,
haiving in view subsequent alterations. It was not to be
expected that the proposed negative of Madison on the
state laws, would be retained ; it was only supported by
the votes of three states, and in lieu of it, the legislative
acts of the United States, and treaties raade under its au
thority, were declared to be the suprerae law of the land.
The institution of the executive department was the
next subject of deliberation. This marked instance was
now seen ofthe influences which were operating : Randolph
had insisted earnestly on a plural executive ; he suggest
ed, as giving a reasonable security to the smaller states, the
appointment of one executive, to be elected by an equality of
state votes. The delegates from Virginia, who had hesitated,
yielding, it was unanimously declared that the national exec
utive was to consist of one person. The effort was renewed
to render hira eligible by the electors of the people. It was
then proposed that he should be chosen by electors ap
pointed by the legislatures of the states ; but the choice was
given to the national legislature, in conforraity with the
original proposition of Virginia. Hp was declared to be
re-eligible. The trusts of carrying into execution the na
tional laws, and of appointing the national officers, subject
to the negative of two-thirds of the legislature, were con-

HAMILTON. 531
fided to him ; and a motion was made to substitute for a
term of seven years, the provision that he should hold his
office during good behaviour. This important substitute
was supported by the votes of four states. New Jersey,
Pennsylvania, Delaware, and Virginia ; but the term of
seven years was retained,
A judiciary during good behaviour was next established ;
and, after an effort to confide the appointment of the
judges to the executive departraent solely, and then, as
Hamilton had proposed in his plan, to require the consent
of the senate, the appointraent was given to the senate ;
another concession to state influence. Its jurisdiction was
declared to extend to cases arising under laws passed by
the general legislature, and to such other questions as in
volve the national peace and harmony.
The discussion was continued until the twenty-sixth of
July, much time being devoted to the institution of the
executive, and to the consideration of a proposal to require
certain qualifications of landed property and citizenship
in the members of each department of the government.
The modified resolutions were then referred to a corarait
tee of detail to prepare and report the outline of a constitu
tion on the sixth of August, to which tirae the convention
adjourned. A draft of a constitution was on that day
reported, founded upon the principles which had been pre
viously adopted, with many supplementary provisions.
The coraproraise, thus far, had only extended to the
structure ofthe govemment ; its influence was now chiefly
seen in the liraitations of its powers — liraitations which
may be, with rauch probability, ascribed to Randolph and
EUsworth, who, with Rutledge, Gorhara, and Wilson, com
posed the coraraittee of detail.
This supposition is founded on a fact, which, it is be
lieved, has not heretofore attracted attention.
On the twenty-second of August, seventeen hundred

532 THE LIFE OF
and eighty-one, Randolph, Ellsworth, and Varnum, who
had been appointed a coraraittee to prepare an exposition
of the confederation, made a report. They stated that they
ought to be discharged, because " the omission to enume
rate any of the powers of congress would become an ar
gument against their existence, and that it will be early
enough to insist on them when they shaU be exercised
and disputed."
Having specified in what particulars "the confedera
tion requires execution," they proceeded to enuraerate the
cases in which they deeraed the extension of the powers
of congress necessary.
This exposition of the existing powers of the confede
ration, and this enumeration of the proposed supplemental
powers, raay be regarded as the source frora which the detail
of the legislative powers enuraerated in this plan of a con
stitution is derived. One raarked difference is observed.
By the report, the concurrence of two-thirds of congress
was required in the exercise of the great powers of war,
treaty, and revenue, while in this draft of the constitution
such concurrence is only made necessary to the passage
of a navigation act — a vicious check upon legislation, cer
tain to result in evasive refineraents. The convention
having refused to go into coraraittee, this plan of a consti
tution was discussed in the house. In its general outline
may be seen the extent to whicii Hamilton's system was
followed, and in the sirailarity of sorae of the modifications
which were proposed, the part he took as the discussion
progressed. He eontinued in the convention until after the thirteenth
of August, when it is seen by the journal, that instead of
the provision requiring as a qualification for a seat in the
house of representatives that the candidate should have been
a citizen seven years, he urged that citizenship and inhabi
tancy were sufficient pre-requisites, leaving to the discre-

HAMILTON. 533
tion of the legislature to prescribe such rules of naturaU
zation as should be found expedient. He was soon after
compelled again to repair to New- York.
The foUowing letters evince his deterraination to give his
sanction to its proceedings, under a conviction that what
ever plan should be adopted, would be an iraproveraent
upon the articles of the confederation, and that a dissolu
tion of that body without the recoraraendation of -a sub
stitute, would produce a dissolution of the union.
HAMILTON TO RUFUS KING.
DEAR SIR,
Since ray arrival here, I have written to. my colleagues,
informing them if either of them would corae down, I
would accorapany him to Philadelphia : so rauch for the
sake of propriety and public opinion.
In the raean time, if any rriat^rial alteration should hap
pen to be made in the plan now before the convention, I
wUl be obliged to you for a coramunication of it. I wUl
also be obliged to you to let rae know when your conclu
sion is at hand, for I would choose to be present at that
time. New- York, August 20, 1787.
THE SAME TO THE SAME.
DEAR sip,
I wrote you some days since, to request you to inform
me when there was a prospect of your finishing, as I in
tended to be with you, for certain reasons, before the
conclusion. It is whispered here, that some late changes in your
scheme have taken place, which give it a higher tone. Is
this the case ? I leave town to-day to attend a circuit in

534 THE LIFE OF
a neighbouring county, frora which I shall return the last
of the week, and shaU be glad to find a line frora you, ex
planatory of the period of the probable terraination of
your business.
New-York, August 28, 1787.
His anxiety for the establishraent of an energetic nation^
al governraent was increased by a circurastance which
indicates the unsettled state of the public feeling, the dis
trusts of the coraraunity, and the mad projects which the
deranged affairs of the country had engendered.
During his sojoum at New-York, a report was raention
ed in a gazette* of that city, that a project was in embryo
for the establishment of a monarchy, at the head of which
it was conteraplated to place the bishop of Osnaburgh.
This report was traced to a political letter, which had
been circulated in Connecticut, suggesting this plot.
The extraordinary nature of this suggestion, whether in
tended to excite prejudices against the convention, or to
alarra the anti-federalists to an adoption of such a consti
tution as it should propose, or as an experiraent upon pub
lic opinion, engaged the attention of Harailton. He im
mediately addressed a letter to Colonel Wadsworth, asking
a solution of this enigma, in which he observes, " The his
tory of its appearance araong us, is, that it was sent by
one Whetraore, of Strafford, forraerly in the payraaster-
general's office, to a person in this city.
" I ara at a loss clearly to understand its object, and have
sorae suspicion that it has been fabricated to excite jeal
ousies against the convention, with a view to an opposition
to their recoraraendations ; at all events, I wish you, if
possible, to trace its source, and send it to you for that
purpose. * Daily Advertiser, August 18, 1787.

HAMILTON. 535
"Whetmore must of course say where he got it, and by
pursuing the information, we may at last come at the au
thor. Let me know the political connections of this man,
and the coraplexion of the people most active in the circu
lation ofthe letter." It appears from the reply of Colonel
Wadsworth, that he had referred the inquiry to Colonel
Humphries, whose letter to HamUton of the first of Sep
tember, states that this letter had been printed in a Fair
field paper of the twenty-fifth of July past. " Whetmore
informs me that when he first saw it, it was in the hands
of one Jared Mansfield, who, I believe, has formerly been
reputed a loyalist. Indeed, it seeras to have been received
and circulated with avidity by that class of people, wheth
er fabricated by thera or not. I think there is Uttle doubt
it was manufactured in this state. Some think the real
design was to excite the apprehensions of the anti-federal
ists, with the idea that the most disastrous consequences
are to be expected, unless we shall accept the proceedings
of the convention ; but others, with more reason, that it
was intended to feel the public pulse, and to discover
whether the public mind would be startled with proposi
tions of royalty. The quondam tories have undoubtedly
conceived hopes of a future union with Great Britain, from
the inefficacy of our govemment, and the tumults which
prevailed in Massachusetts during the last winter.
" It seems, by a conversation I have had here, that the
ultimate practicability of introducing the bishop of Osna
burgh, is not a novel idea among those who were formerly
termed loyalists. Ever since the peace, it has been occa
sionaUy talked of and wished for. Yesterday, where I
dined, half jest, half earnest, he was given as the first
toast. " I leave you now, my dear friend, to reflect how ripe
we are for the most mad and ruinous project that can be
suggested, especially when, in addition to this view, we

536 THE LIFE OF
take into consideration how thoroughly the patriotic part
of the community, the friends of an efficient government,,
are discouraged with the present systera, and irritated at
the popular deraagogues, who are deterrained to keep
themselves in office at the risk of every thing.
" I am happy to see you have had the boldness to attack,
in a public paper, the anti-federal dogmas of a great per
sonage of your state. Go on, and prosper. Were the raen
of talents and honesty throughout the continent properly
corabined into one phalanx, I ara confident they would be
corapetent to hew their way through all opposition, and
establish a governraent calculated to proraote the happi
ness of raankind, and raake the revolution a blessing in
stead of a curse." Here this raatter terrainated. It ap
pears frora a subsequent raeraorandura of Harailton's, that
though there was little to fear from the project, that he
did not consider it entirely destitute of reality.
His allusion, in his letter to King, to " whispered
changes" in the scherae which gave it a higher tone, re
ferred to several additional powers proposed to be vested
in the legislature, which were referred ; to a raodification
in the raode of electing, and in the duration and powers
of the executive ; to an enlargeraent of the jurisdiction of
the judicial department ; and to a fuU declaration of the
supremacy of the constitution and laws of the United
States, — in aU of which may be seen an adoption of, or ap
proximation to, the principles in his plan.
The tone of the convention was evidently undergoing a
change, and the chief collision at this period grew out of
an effort on the part of the non-slaveholding states to re
strain the extension of that evil, and on the part of the
planting states to exclude the power of levying duties on
exports, and, by requiring the assent of two-thirds of the
legislature to the enactraent of a navigation act, or to acts

HAMILTON. 537
regulating commerce,* to provide against a danger long the
source of great but groundless apprehension in that part
of the union.
In the beginning of September, Hamilton resumed his
seat in the convention. No means exist of showing mi
nutely the several propositions of which he was the author.
The great raodifications the systera underwent subse
quent to this period, in conformity with his previously
avowed opinions, and the close analogy between parts of
the existing constitution and the plan of government he
had framed, give the evidence of his efficient participation
in the closing labours of that body. That he was elected a
raember of the last committee appointed, with instructions
to revise the style and arrange the articles agreed to by
the house, refutes the impression sought to be given, that he
remained, at so interesting a crisis of this country, an alraost
inactive spectator of the proceedings of a great council,
to the forraation of which he had devoted all his energies.
A stateraenf of a meraber of that coraraittee of revisal,
of distinguished talent and character, is to the point on
this question. " If," Doctor Johnson reraarked, " the con
stitution did not succeed on trial, Harailton was less re
sponsible for that result than any other meraber, for he
fuUy and frankly pointed out to the convention what he
apprehended were the infirraities' to which it was liable.
And if it answered the fond expectations of the public,
the community would be raore indebted to Harailton than
to any other raember ; for, after its essential outiines were
agreed to, he laboured most indefatigably to heal those in
firmities, and to guard against the evils to which they might
expose it."
« In a division on this question of commercial regulation, Aug. 29, the
votes were for the restriction, Maryland, Virginia, North Carolina, apd Geor
gia: against it, the other seven states, including South XJarolina.
68

538 THE LIFE OF
On the fourth of September, the grand committee of
each state raade an iraportant report.
One branch of it gave full fiscal power to the govern
raent. The legislature were invested with a " power to
lay and collect taxes, duties, iraposts, and excises, to pay
the debts, and to provide for the comraon defence and gen
eral welfare of the United States."
The office of the executive had been reconsidered. His
term was reduced from seven to four years, and, adopting
in part HaraUton's views, he was to be chosen by electors ;
but, reluctant to relinquish the policy which would con
sider the states, and not the people, of the union as the
basis of the constitution, each state was to appoint, " in
such raanner as its legislature may direct, a number of
electors equal to its representation in congress." If the
candidate should not have a majority of the baUots of the
whole number of electors, the eventual choice devolved on
the senate.
HamUton was opposed to this provision — it being an
essential part of his policy, that the chief magistrate should
not be chosen by any pre-existing body, and should be the
representative of the people, and not of the states. The
eventual choice by the senate was also repugnant to his
views. He saw, as an inevitable consequence, that many
of the states, to secure to their senators an ultiraate control
over the executive, would defeat the choice by electors.
Rather than incur this evil, to which, as the president
was re-eligible, would be superadded the danger of a cor
rupt influence being exerted by hira upon the senate, he is
represented as preferring that the highest electoral ballot,
though not that of a majority, should appoint hira.
The constitution of this office was a subject of consid
eration until near the termination of their deliberations :
an effort being raade, but defeated, to extend the execu
tive terra from four years to seven, to declare him not

HAMILTON. 539
re-eligible, and to restore the choice to the national legis
lature. Hamilton's views as to the structure of the governraent,
were raodified during the progress of these discussions.
In his minutes of the debates taken at an early period
of its deliberations, this reraark is found : " At the period
which terminates the duration of the executive, there will
be always an awful crisis in the national situation." This
apprehension grew with his reflections ; and when he saw
that the senate were to be chosen for a period of only six
years, with terms ceasing by rotation, and to be chosen by
the states in their sovereign capacities, and not by electors
of the people, it became a necessary consequence that he
would limit the duration of the executive office propor
tionably. A president of so great duration as good beha
viour, with a senate of so liraited a duration, would soon
have becorae its master.
Influenced by these considerations, he drew up a second
plan while the convention was sitting, which limited the
term of the president to only three years.
The powers of the president were again discussed, and
were established according to the provisions in his flrst
plan. He was declared to be coraraander-in-chief of the
army and navy of the United States, and of the militia of
the several states. All treaties were to be made by hira,
with the advice and consent of the senate, with this quali
fication, that " two-thirds of the senators present concur."
In defining the power of appointment, with the exception
that the senate were to have a voice in that of the heads
of the executive departments, his plan was also closely
foUowed. The other provisions as to this great office,
were analogous to those he had devised ; and though with
out the guards he had sought to interpose, the great prin
ciple was finally established, that he was to be chosen
through the medium of electors chosen by the people.

540 THE LIFE OF
His first plan, it is seen, contemplated a house of repre
sentatives, to consist in the first instance of one hundred
merabers. This nuraber was proposed by Hugh WiUiara
son, but was not approved.
A house of representatives, to consist of sixty-five raera
bers, which the scherae then before the convention had in
view, he thought was on so narrow a scale as to be dan
gerous, and justly to warrant a jealousy for the liberty of
the country. It was the raore important in his view to
enlarge it, because of the determination to give the event
ual choice of the president to that branch of the legislature,
and frora a belief, as he reraarked, " that the connection be
tween the president and senate would tend to perpetuate'
hira by corrupt influence."* Harailton's " earnestness and
anxiety " on this point were felt by Washington, and after
the convention had refused to enlarge the representation, at
the last moment of its sitting, when he rose to put the final
question on the constitution, he requested that the ratio of
representation should be established at thirty instead of
forty thousand for each representative, until a census should
be taken. The dirainished ratio was unaniraously assented
to. In further security of liberty, HamUton's iraportant
precaution had been adopted, excluding any "religious
test " as a qualification for office, but oraitting the prohibi
tion in his plan of the establishraent " by law of any reU
gious sect or denoraination."
One article of the draft then before that body provided
that, on the application of the legislatures of two-thirds of
the states in the union for an amendment of the constitu
tion, the legislature of the United States should call a con
vention for that purpose.
To this article two serious objections existed : one, that
such an application would not be made by the states, unless
* Madison's Debates, 1533.

HAMILTON. 541
with a view to increase their powers, and the more enfee
ble the general governraent ; the other, the danger to be
apprehended of throwing open the whole constitution to a
future convention, a raeasure which might result in a dis
solution of the union.
Hamilton's plan avoided these evils. UnwiUing to lose
his hold upon the constUution about to be recoramended as
the great bond of union, it provided that amendments
might be proposed by the legislature of the United States,
two-thirds of its members concurring, which, if ratified by
the legislatures or conventions of two-third^ of the states
composing the union, should become parts of the stiU ex
isting constitution.
His plan also probably led to the provisions in the fifth
article of the constitution, which was the result of a cora
proraise. The draft of a constitution reported on the sixth of Au
gust, proposed that it should be laid before congress for
their approbation, and declared it as " the opinion of the
convention," that it should be afterwards subraitted to a
convention, to be chosen in each state under the recom
mendation of its legislature, to receive its ratification.
Should congress not have thought proper to submit the
constitution to be ratified, an event which, from the tem
per previously displayed by that body, was not iraprobable,
the labours of the convention would have been regarded
as little more than a solemn farce.
Hamilton's plan declared, "that this constitution shall
be submitted to the consideration of conventions in the
several states, the members whereof shall be chosen by the
people, under the direction of their legislatures ; the rati
fication of each state being final, with power to each con
vention, thus immediately expressing the will of the people
to appoint its senators and representatives, who, as Wash
ington would be the choice, were to elect the first president.

542 THE LIFE OF
Thus the estabUshraent of the constitution was ensured,
the people of each state ratifying it, becoraing by that act
parties to it, and forraing the nucleus of a more extended
union. The last article of the present constitution was evidentiy
fraraed in reference to this provision, though it erabodied
a vicious principle of the confederation; declaring that
" the ratification of the conventions of nine* states shall be
sufficient for the establishraent of the constitution between
the states so ratifying" it.
A revised plan of the constitution was reported by John
son, on the twelfth of Septeraber, with a letter to congress
stating it to be the result of a spirit of araity, and of that
mutual deference and concession which the peculiarity of
their political situation rendered indispensable. Several
amendraents having been made to the plan, an engrossed
copy was read before the convention on the seventeenth
of September.
Though doubting much of the efficacy of several of its
provisions, Hamilton earnestly urged the unanimous ap
proval of all the raembers of the convention. Three —
Gerry, Mason, and Randolph — withheld their assent;
all the other delegates affixed their signatures, among
which HaraUton's narae appears as the sole representative
of New- York.
Frora the previous narrative, it appears that any uncora-
peUed disclosure of the proceedings of the federal conven
tion, was a breach of an express stipulation among its mem
bers. It was to be expected that those who could violate
that stipulation, would not be very scrupulous as to the ac
curacy of their stateraents.
The erainent position Harailton held before this nation,
would naturally excite opposition and lead to misrepre-
* Seven had been proposed, then ten, then nine.

HAMILTON. 543
sentation. In the absence of real grounds of inculpation,
the more apt would be the resort to iraputations of opinions
offensive to the easily excited suspicions of a jealous popu
lation. Such was the policy of his enemies. His theoretic doubts
of the permanency of purely democratic institutions, and
of their power to promote the happiness of a community,
and his approval of the British constitution, however quali
fied, the open avowal of which ought to have produced
the opposite effect, were tortured into evidence of opinions
unfriendly to liberty, and these opinions were soon repre
sented as designs.
Some additional statements are thus rendered necessary.
In the reply previously referred to, made by Harailton to
an anonymous attack in the year seventeen hundred and
ninety-two, at the seat of govemraent, when nearly all the
members of the convention were Uving, to a charge that
he " opposed the constitution in the grand convention, be
cause it was too republican," he remarked, "This I af
firm to be a gross raisrepresentation. To prove it so, it
were sufficient to appeal to a single fact, naraely, that the
gentieraan aUuded to was the only meraber from the state
to which he belonged who signed the constitution, and, it is
notorious, against the prevaUing weight of the official in
fluence of the state, and against what would probably be
the opinion of a large majority of his fellow-citizens, till
better inforraation should correct their first impressions.
How, then, can he be believed to have opposed a thing
which he actuaUy agreed to, and that in so unsupported a
situation and under circumstances of such peculiar respon
sibility ? To this, I shaU add two raore facts :— One, that
the member in question never made a proposUion to the
convention which was not conformable to the republican
theory. The other, that the highest toned of any of the
propositions raade by him, was actuaUy voted for by the

544 THE LIPE OF
representatives of several states, including some of the
principal ones, and including individuals who, in the esti
mation of those who deem theraselves the only republicans,
are pre-erainent for republican character. More than this
I am not at liberty to say."*
* That Virginia voted for a president dtu-ing good behaviour, is seen in the
journal of the seventeenth of July, and that Madison gave one of these votes
is not controverted by him in his report of the proceedings of that day. He
only seeks to explain it. His statement is, that Doctor McClurg moved this
term of Service, with the comment, that " the probable object of this motion was
merely to enforce the argument against the re-eligibility of the executive ma
gistrate by holding out a tenure during good behaviour, as the altemative for
keeping him independent of the legislature." Madison reports his own
speech on this motion, which, as far as it relates to it, does not disapprove it,
and adds this observation in a note : " The view here taken of the subject,
was meant to aid in parrying the animadversions likely to fall on the motion
of Doctor McClurg, for whom J. M. had a particular regard. The Doctor,
though possessing talents of the highest order, was modest and unaccustom
ed to exert them in public debate." It will be recollected that this explana
tion is given after Hamilton's public and then uncontradicted charge, that
Madison's views on this subject did not differ from his own. Complaisance
strained to its utmost limit might induce these remarks to parry animadver
sions on a friend, but complaisance did not require that Madison should not
merely have sought to parry censure of the proposition of a friend which he
wished himself to be regarded as disapproving, but tliat he sliould have record
ed his vote in favour of it. " This vote," he also observes in a note, " is not
to be considered as any certain index of opinion, as a number in the affirma.
tive probably had it chiefly in view to alarm those attached to a dependence
of the executive on the legislature, and thereby facilitate some final arrange
ment of a contrary tendency. The avowed friends of an executive ' during
good behaviour,' were not more than three or four, nor is it certain they would
have adhered to such a tenure." Madison has also left the evidence that he
did not at that time regard such a term of office as being inconsistent with
the republican theory. " If," he wrote, " we resort for a criterion to the dif
ferent principles on which different forms of government are established, we
may define a republic to be, or at least may bestow that name on a. govem
ment which derives all its powers directly or indirectly from the great body
ofthe people, and is administered by persons holding their ofiices during plea
sure, for a limited period, or during good behaviour," &c. — Federalist, No. 39.
Thus his vote and his theory were at this time consistent with each other. —
Mad. Papers, 1125, 6, 9.

HAMILTON. 545
A subsequent misstatement of his course in the conven
tion, drew forth a voluntary publication from Luther Mar
tin. " That Hamilton in a most able and eloquent address,
did express his general ideas upon the subject of govern
ment, and of that govemment which would in all human
probability be most advantageous for the United States, 1
admit ; but, in thus expressing his sentiments, he did not
suggest a wish that any one officer of the govemment
should derive his power frora any other source than the
people ; that there should be in any instance an hereditary
succession to office, nor that any person shoiild continue
longer than during good behaviour."
Another publication appeared, charging hira with having
proposed a monarchy to the convention. This was denied,
and it was replied, that " he proposed a system composed
of three branches, an assembly, a senate, and a governor.
That the asserably should be elected by the people for three
years, and that the senate and governor should be hkewise
elected by the people, during good behaviour."
In answer to this publication, Harailton published a fuU
explanatory view of the propositions made by him.
" Thus the charge," he said, " is at length reduced to spe
cific terras. Before it can be decided, however, whether
this would be a monarchy or a republic, it seeras necessary
to settle the raeaning of those terras.
"No exact defimtions have settled what is or is not a re
publican government as contradistinguished frora a monar
chical. Every raan who speaks or writes on the subject,
has an arbitrary standard in his own raind. The raad de
mocrat will have nothing republican which does not accord
with his own raad theory. He rejects even representation.
Such is the opinion held by a man, now one of Mr. Jeffer
son's ministers. Some authors denominate every govern
ment a monarchy, in which the executive authority is placed
in a single hand, whether for life or for years, and wheth-
69

546 THE LIFE OF
er conferred by election or by descent. According to this
definition, the actual government of the United States, and
of raost of the states, is a monarchy.
" In practice, the terras republic and republican have been
applied with as little precision. Even the governraent of
England, with a powerful hereditary king, has been re
peatedly spoken of by authors as a coraraonwealth or re
public. The late government of HoUand, with an heredi
tary stadtholder, was constantly so denominated. That
of Poland, previous to the dissolution of the state, with an
executive for life, was never called by any other narae.
" The truth seeras to be, that aU governraents have been
deemed repubUcs, in which a large portion of the sove
reignty has been vested in the whole or in a considerable
body of the people ; and that none have been deeraed raon
archies, as contrasted with the republican standard, in
which there has not been an hereditary chief raagistrate.
" Were we to attempt a correct definition of a republi
can governraent, we should say, ' That is a republican gov
ernment, in which both the executive and legislative organs
are appointed by a popular election, and hold their offices
upon a responsible and defeasible tenure.' If this be not
so, then the tenure of good behaviour for the judicial de
partraent is anti-repubhcan, and the governraent of this
state is not a republic ; if the contrary, then a govern
ment would not cease to be republican because a branch
of the legislature, or even the executive, held their offices
during good behaviour. In this case the two essential cri
teria would still concur — the creation of the officer by a
popular election, and the possibility of his removal in the
course of law, by accusation before, and conviction by, a
competent tribunal.
" How far it may be expedient to go, even within the
bounds of the theory, in fraraing a constitution, is a differ
ent question, upon which we pretend not to give our

HAMILTON. „647
opinion. It is enough for the purpose of our assertion, if
it be in principle correct. For even then, upon the state
ment of the ' citizen' himself. General Hamilton did not
propose a monarchy.
"Thus much too we wiU add, that whether General Hara
Uton at any stage of the deliberations of the convention
did, or did not raake the proposition ascribed to hira, it is
certain that his more deliberate and final opinion, adopted
a moderate term Of years for the duration of the office of
president ; as also appears by a plan of a constitution, in
writing now in this city, drawn up by that gentleraan in detail.
" Whether the first systera presented by Mr. HaraUton,
was the one to which he gave a decided preference, it
would be difficult to say, since we find him adopting and
proposing a different one in the course of the sitting of the
convention. It may have been that his opinion was nearly
balanced between the two ; nay, it is possible he may
have really preferred the one last proposed, and that the
former, like raany others, was brought forward to make it
the subject of discussion, and see what would be the opin
ions of different gentlemen on so momentous a subject.
And, it is now repeated with confidence, that the Virginia
delegation did vote for the most energetic form of govern
ment, and that Mr. Maddison was of the number. But we
desire to be distinctly understood, that U was never intended,
by mentioning this circumstance, to impeach the purity of
Mr. Maddison's motives. To arraign the morals of any
man, because he entertains a speculative opinion on gov
ernment different from ourselves, is worse than arrogance.
He who does so, must entertain notions in ethics extremely
crude, and certainly unfavourable to virtue."
It is not to be believed that such a statement would have
been thus publicly made, challenging contradiction, during
the Uves of so many members of the convention, if it had
been in any respect erroneous ; nor that HamiUon would

548 THE LIFE OF
have referred to his second plan of a constitution as being
" in writing now in this city," unless it was there to be
produced. This was a topic of much interest, and much
canvassed in the political controversies which had arisen,
yet his representation was not controverted. Another
exposition of his opinions is found in a letter addressed by
him to Colonel Pickering during the foUowing year.*

* New-York, September 16, 1803.
MY DEAR SIR,
I will make no apology for my delay in answering your inquiry some time
since made, because I could offer none which would satisfy myself. I pray
you only to believe that it proceeded from any thing rather than want of re
spect or regard. I shall now comply with your request.
The highest toned propositions which I made in the convention were for
a president, senate, and judges, during good behaviour ; a house of represen
tatives for three years. Though I would have enlarged the legislative power
of the general government, yet I never contemplated the abolition of the state
governments ; but on the contrary, they were, in some particulars, constitu
ent parts of my plan.
This plan was, in my conception, conformable with the strict theory of a
government purely repubhcan ; the essential criteria of which are, that the
principal organs of the executive and legislative departments be elected by
the people, and hold their offices by a responsible and temporary or defeasible
tenure. A vote was taken on the proposition respecting the executive. Five states
were in favour of it ; among these Virginia ; and though, from the manner of vo
ting by delegations, individuals were not distinguished, it was morally certain,
from the known situation of the Virginia members, (six in number, two of
them. Mason and Randolph, professing popular doctrines,) that Madison must
have concurred in the vote of Virginia. Thus, if I sinned against republi
canism, Mr. Madison was not less guilty.
I may truly then say that I never proposed either a president or senate for
life, and that I neither recommended nor meditated the annihilation of the
state governments.
And I may add, that in the course of the discussions in the convention,
neither the propositions thrown out for debate, nor even those voted in the
earlier stages of deliberation, were considered as evidences of a definitive opin.
ion in the proposer or voter. It appeared to me to bo in some sort understood
that, with a view to free investigation, experimental propositions might be
made, which were to be received merely as suggestions for consideration.

HAMILTON. 5.^9
These statements receive light from the letter of a con
temporary.* " I wiU conclude this long epistle by a con
cise account of a conversation had with HamUton, which
may not be deemed uninteresting, since it exhibits hira as

Accordingly it is a fact, that my final opinion was against an executive du
ring good behaviour, on account of the increased danger to the public tran.
quillity incident to the election of a magistrate of this degree of permanency.
In the plan of a constitution which I drew up while the convention was
sitting, and which I communicated i to Mr. Madison about the close of it,
perhaps a day or two after, the ofiice of president has no greater duration
than for throe years.
This plan was predicated upon these bases : — 1. That the political princi-
pies of the people of this country would endure nothing but a repubhcan
government. — 2. That in the actual situation of the country, it was itself
right and proper that the republican theory should have a fair and full trial. —
3. That, to such a trial it was essential that the government should be so
constructed as to give it all the energy and the stability reconcilable with
the principles of that theory. These were the genuine sentiments of my
heart, and upon them I then acted.
I sincerely hope that it may not hereafter be discovered that through want
of sufficient attention to the last idea, the experiment of republican govern
ment, even in this country, has not been as complete, eis satisfactory, and as
, decisive, as could be wished,t
* Govemor Lewis.

t In the appendix, No. 5, to Madison's Debates, this letter is referred to as evidence that
" Colonel Hamilton was under the erroneous impression that thia paper limited the duration
of the presidentidl term to three yeara."
The "paper" thus referred to by Madison, is the first plan. The term of tliree vears 'a
in the second plan. Madison has not left behind him the original of either of tho plana
which Hamilton gave him, but his copy of one of them. Hamilton's statement is, that he
" communicated to Madison the plan in which Ihe office of president has no greater dura
tion than three years, not that he left it with him, but on the contrary publicly refers to it
as " a plan of a constitution in writing now in tliis city, drawn up by that gentleman in
detail." Having obtained a copy of the first plan, which probably was used during the debates
in the convention, Madison retains it in his possession, and refers to it as evidence of Ham
ilton's "want of memory," nnd not to the second plan, which Hamilton tenders as giving
the testimony to the change of his opinions. But he doea not deny that there was a second
plan. It will be remarked that the volume containing the Joumal of the ConvenUon de
posited in the department of state is imperfect— the minutes of September 15th being crossed
with a pen, and that the deficiency is suppUed by minutes furnished by Madison. Thue.
the evidence which this part of the journal might have given on this subject, ia loBt.^our
na], p. 379, in a note.

550 THE LIPE 01*
a statesman who looked beyond the present to the far fu
ture interests of his country. It is well known that be
never was in the habit of concealing or disguising his sen
tiraents on the subject of governraent.
"Openly denouncing, on aU occasions, the assertion 'that
the best administered was best,' as a political heresy,
maintaining the superior aptitude to a good administration
of some systeras over others, and giving the preference,.
abstractedly considered, to a well-balanced and limited
monarchy, he was at the sarae tirae undeviating frora the
opinion that such a governraent could not be established
in the United States, because a necessary ingredient in its
coraposition, a privileged order, would be sought for in
vain araong a people whose favourite raotto was ' Liberty
and Equality.' When, therefore, the paragraphists ofthe
day announced that he had proposed in the convention of
the states a monarchic forra of governraent, I was satis
fied it was the effect of raisconception or designed misre
presentation. "A second version, that he proposed a presidency for Ufe,
I thought more probable, but deterrained to suspend my
opinion until I should have an interview with him. This
was afforded to me soon after his return to the city of
New- York. The raonarchic proposition, as I expected,
he explicitiy denied. The other he adraitted, with the qua
lification, a president during good behaviour, or for a com
petent period, subject to impeachraent, with an ineligibility
forever thereafter.
" ' My reasons,' " he said, " ' were, an exclusion, as far as
possible, of the influence of executive patronage in the choice
of a chief raagistrate, and a desire to avoid the incalculable
mischief which raust result frora the too frequent elec
tions of that officer. In conclusion, he raade the following
prophetic observation : ' You nor I, my friend, may not
live to see the day, but" most assuredly it will come, when

HAMILTON. 551
every vital interest of the state wiU be merged in the all-
absorbing question of who shall be the next President ? ' "
As to the opinions entertained by him on the theory of
government, it is felt that in the mode in which, frora a
desire to withhold nothing, they appear, much injustice
may have been done him ; as in the brief of his great
speech, previous to an exposition ofhis first plan of a con
stitution, the mere general heads are given without those
qualifications that raust have formed an essential part of it ;
while, of the various efforts made by him to harmonize
and to adjust the different parts of the complicated scherae
as it progressed, evolving new views and sources of
thought, and thus inforraing the mind of the convention, so
httle can be placed before the public.
Happily, in a comparison of this brief with his numbers
of the Federalist, they wiU be found, with the exception
of his abstract discussion of the theory of government, in a
great measure to have fiJled up its outline.
From these sources it is ascertained that the leading
maxira of Hamilton was, that a good government consists
in a vigorous execution, that such vigour is " essential to
the security of liberty," and that, " in the contemplation of
a sound and well-informed mind, their interests never can
be separated."
To reconcile the requisite vigour wUh the perfect se
curity of liberty, he well knew was alraost irapracticable;
to approximate them was aU that he hoped to effect ; but in
what mode this could best be accoraplished, was a problem
which he acknowledged to be full of difficulties.
His well-founded and openly avowed doubts upon a sub
ject which has embarrassed every reflecting practical mind,
have been denounced as evidences of dispositions unfriendly
to freedom, and upon so slight a basis has been raised a mass
of prejudice which impeded all his efforts to promote the,
well-being of this country. To apply to hun his own gen-

552 THE LIFE OF
eral remark, his " enlightened zeal for the energy and effi
ciency of governraent, has been stigraatized as the off
spring of a teraper fond of power, and hostile to the prin
ciples of liberty." Without caring to propitiate popular
prejudices on a subject as to which his own declaration is
deeraed sufficient — " I presurae I shall not be disbelieved
when I declare, that the establishraent of a republican
governraent on a safe and solid basis is an object of all
others nearest and raost dear to ray own heart" — it is
enough to refer to the whole tenor of his life.
At the age of seventeen he is seen corabating the arbi
trary policy of England ; exhorting the Araerican people
to resistance ; unfolding the future glories of the erapire ;
rejecting with scorn the idea of a systera sustained " by
pensioners, placeraen, and parasites ;" holding up to thera,
as the great prize of the contest they were invited to
wage, the estabUshraent of the " steady, uniforra, unshaken
security of constitutional freedora," and avowing with a
noble enthusiasra, which was his perpetual inspiration, " I
would die to preserve the law upon a solid foundation ; but
take away liberty, and the foundation is destroyed."
In seventeen hundred and eighty, amidst the din and
tumult of arras, displaying all the evils of a want of gov
ernraent, and urging " a solid confederation."
In seventeen hundred and eighty-one, pressing on the
minds of the public, in the " Continentalist," the organiza
tion of a " great federative repubUc, closely Unked in the
pursuit of a comraon interest."
In seventeen hundred and eighty-two, inducing the legis
lature of New- York to propose " a general convention,
authorized to revise and amend the confederation."
In seventeen hundred and eighty-three, at least an equal
participator in every effort to invigorate the confederacy,
framing an appeal to the people, exhibiting its infirmities,
and inviting them to establish a well-balanced government.

HAMILTON. 553
In seventeen hundred and eighty-four, cautioning them
against the excesses of liberty, and enjoining them to watch,
with more intensity than the vestal fire, " this sacred de
posit " which had been confided to thera.
In seventeen hundred and eighty-five, imploring them to
disraiss the jealousies which had been excited for their de
struction, and to repose their trust where it should be
placed—" all government iraplying trust."
In seventeen hundred and eighty-six, again addressing
thera from Annapolis, and invoking thera, by the strongest
motives, to appoint a convention erapowered to frarae a
constitution " adequate to the exigencies of the union."
And in seventeen hundred and eighty-seven, after indu
cing the concurrence of New- York and the co-operation
of congress, as a member of that convention, sacrificing aU
prejudgments ; surrendering his raatured opinions, and la
bouring untU he saw a constitution framed, not such as he
would have desired, but " having, as far as was consistent
with its genius, all the features of a good govemment ;" a
constitution to which he pledged his support by his signa
ture — to fulfil which pledge he devoted all his energies.
In this series of acts, having one uniform and single
end— the " establishment of a republican govemment upon
a safe and solid basis " — wiU be found an araple refutation
of all the calumnies which have been propagated.
But, while repelling this accusation of his hostility to the
existing system, it would have been a not less injustice to
his memory to have concealed his distrusts of the success
of an unbalanced democracy.
History had shown aU free govemments, either convulsed
'by intestine feuds and foreign influence, or prostrated be
fore the mob and surrendered to arbitrary hands ; exhibit
ing in every stage of their progress deeper shades of
misery and humiliation.
To this current of human affairs there existed but one
70

554 THE LIFE OF
exception. A government, springing up amidst the bigotry
and barbarism of the raiddle ages, had been seen gradually
raoulded by the steady influence of enlightened opinion ;
resisting during centuries every form of violence, and.
when at last overthrown by the criraes of its raagistrates,
recovering itself by the strong influence it had itself cre
ated, and renewed in its vigour by constitutional checks^
the fruits of experience ; susceptible of amendraent with-'
out necessarily jeopardizing its existence ; and notwith
standing its defects — for what governraent is without de
fects ? — imparting to its people the greatest security and
largest araount of durable happiness which any constitution
ever had bestowed.
Thus finding in the British governraent a systera pro
ceeding upon the fact, that society is necessarily coraposed
of different interests, and obviating the great difficulty of
aU governraents by preserving a counterpoise of each in
terest ; exerting itself, but regulated in that exertion, for its
own protection. Thus seeing the realization of that for
which the wise of antiquity had wished, but had not dared
to hope,* which the experience of centuries had approved,
can it be a source of surprise that he entertained the opin
ion, that " it was a raodel, though unattainable, to be ap
proached as near as possible."
But his was not a blind or indiscriminate admiration.
The representation that " it was his error to adhere too
closely to the precedents of the British constitution ; that
he conceded soraetiraes, in these precedents, equal authori
ty to what was good and bad, to its principles and its
* Cicero observes — de Repub. ]. 2 — "Esse optime constitutam rempubU
cam qu8B ex tribus generibus iUis, regah, optimo, et populari, sit modice con-
fiisa." And Tacitus, in his Annals, remarks, " Cunctas nationes, et urbes,
populus aut primores, aut singuli regunt ; delecta ex his et constituta reipub-
licoB forma laudari facihus quam evenire, vel si evenit, haud diutuma esse
potest."

HAMILTON. 655
abuses ; that he did not allow to the variety of political
forms, to the flex-ibility of human society, a sufficient share
nor a bold enough confidence,"* is founded on the calum
nies of his opponents, propagated for the two-fold purpose
of exciting against him the jealousy of the American peo
ple, and of impairing his permanent farae.
In his commentary on the federal constitution, when
speaking of the kingdom of Great Britain, he observes :f
" Her peculiar felicity of situation has, in a great degree,
preserved the liberty which that country to this day enjoys,
in spite of the prevalent venality and corruption."
He is previously seen to have condemned the great in
novation in her system, in the vote of septennial from tri
ennial parliaments, as producing an " overgrown power" in
the crown ; and referring to what he caUs " these danger
ous practices," he extols " the important distinction, so well
understood in Araerica, between a constitution estabUshed
by the people and unalterable by the - government, and
alterable" by'it.
He speaks also of the " ostentatious apparatus of her
monarchy" as a source of expense, and adverts to her ex
perience as presenting to mankind " so many political les
sons, both of the monitory and exemplary kind."
He dwells upon the superiority, in one particular, of the
federal constitution, as separating the judiciary entirely
from all political agency, and points out the " absurdity of
subjecting the decisions of men selected for their know
ledge of the laws, acquired by long and laborious study,
to the revision and control of raen, who, for the want of
the same advantage, cannot but be deficient in that know
ledge." Nor was he insensible to the variety of political forms
» Vie Correspondance et Ecrits de Washington, &c. par M. Guizot,
t Federalist, Nos. 8, 53, and 56,

556 • THE LIFE OF
suggested by the flexibility of human nature, and the vary
ing condition of society. In his letter to Washington pre
viously quoted, he is seen to remark, that though " the peo
ple were not ripe for such a plan as he advocated, yet there
was no reason to despair of their adopting one equaUy en
ergetic ;" and in this convention be proposed two plans of
governraent, founded on different principles, and vrith dif
ferent corabinations of the sarae principle ; and aided large
ly in forraing the corapound systera which was adopted.
In answer to the objections derived frora forraer expe
rience to republican governraents, he exclaims : " Happily
for mankind, stupendous fabrics reared on the basis of
liberty, which have flourished for ages, have, in a few glo
rious instances, refuted these glooray sophisms ; and, I
trust, Araerica wUl be the broad and solid foundation of
other edifices, not less magnificent, which will be equaUy
permanent raonuraents of their error."
Hamilton was too wise not to have known that a con
stitution such as that of England — though, if it had been
established, it would have maintained itself — could not be
established in the United States ; that every atterapt to in
troduce it with the consent of the people, would be a
vfruitless foUy, and, -without that consent, a hideous crime..
He sought to effect all that was practicable under such, cir
cumstances — to erabody in a republican system such checks
as it would adrait — to reconcile, to the utraost extent its
genius would bear, energy and stability with real Uberty —
hoping that this great coraraonwealth raight repose under
a Constitutional Charter, granted and revocable by the
people, until experience should suggest and cure its defects.
The jealousy of political rivalry has misrepresented his
views, ahd conderaned his " peculiar opinions," because
they did not prevail.
But it forgot that it is the characteristic of minds of the
first order to aim at objects above the comraon reach.

HAMILTON. 557"
The eye that penetrates beyond the horizon of error ; the
hand which, amid its daily ministrations, is ever pointing
to some great future good ; the genius that, always fertile
in expedient, feels that the power which impels, makes
sure its aim ; — these aU are directed by a generous confi
dence of success, springing from conscious unexhausted
resources, that wUl not, cannot despair.
• Ordinary men do not admit the magic virtues, the al
most inspiration by which they are overruled to perform
their respective parts ; but the influence is exerted, the
plans, the institutions, the hopes of the world are raised,
and though the agent may be unseen, or withdrawn, it
moves on in glorious harmony with the high destinies he
has prescribed.
It is true that HamUton's views did not aU prevaU, but
their conservative character was imparted to this great
reform, and much of its best spirit raay stiU be due to la
bours which, though not whoUy successful, owing to the
hesitations of others, were not without the cl^oicest fruits.*
His whole plan was not adopted ; but when it is asked
whose plan was, the answer is, that of no individual.
" The truth is," Hamilton reraarked, " the plan, in all its
parts, was a plan of accommodation."-
As a great bond of union to a dissolving confederacy,
he valued it beyond aU price ; but as creating a compound
governraent of a very extraordinary and coraplicated na
ture, in comraon with Washington and Patrick Henry, and
other distinguished individuals, he doubted its results. " I
acknowledge," he said, when recoraraending its adoption,
* Guizot remarks — " Hamilton must be classed among the men who have
best known the vital principles and fundamental conditions of a govemment ;
not of a government such as this, but of a government worthy of its mission
and of its name. There is not in the constitution of the United States an
element of order, of force, of duration, which he has not powerfully contribu
ted to intioduce into it, and to cause to predominate."

558 THE LIFE OF
" a thorough conviction, thfit any araendraents which may
upon mature consideration be thought useful, wiU be ap
plicable to the organization of the government, not to the
mass of its powers."
These doubts- have been derided as extravagant, and the
prosperity of this country has been appealed to as a com
plete refutation of thera. How far this prosperity is to be
ascribed to the influences of the constitution, other than as
a raean of preserving the national union, is not easily as
certained ; but certainly, without derogating from the value
of that instrument, much of it may be attributed to a pe
culiar felicity of situation and of circumstances, indepen
dent of the governraent.
Nor is prosperity, in its most observed aspects,*an uner
ring or a universal test of the excellence of political in
stitutions ; for it cannot be denied, that a nation raay have
fast increasing wealth, and expanding power, and widely
diffused inteUigence, and boundless enterprise, while prin
ciples raay be at work in its system that wUl ultimately
render all these advantages sources of evil.
Experience had hitherto been supposed to teach, that a '
stable governraent required the operative counterpoise of
the different interests of property and nurabers. The
federal constitution has substituted for these, theoretic
checks ; a senate representing states, which are only the
artificial representatives of different aggregates of the peo
ple, and a house of representatives chosen directly by the
same people under the influence of those states — this sen
ate of greater duration than the popular branch, and there
fore supposed to be reraoved frora iraraediate popular ira
pulses, yet by the doctrine of instruction, which is fast
becoraing a law of the systera, rendered the mere organ
of these irapulses ; an executive chosen by the raembers
of separate electoral colleges of the people of the states,
sitting apart and supposed to be secure from the too direct

HAMILTON. 559
action ofthe mass, yet in fact chosen, not to deliberate on
the merits of a candidate, but pledged to carry into effect
.the nomination of a caucus — that candidate thijs elevated,
fiUing an executive department of liraited powers, but pos
sessing powers far above the constitution, as the coraraon
focus of the passions of the raultitude.
Other of the ascertained effects Of the system may also
be adverted to. Among the chief ends of government
are — security against foreign aggression — internal peace.
To attain the first of these objects, the force of the cora-
'jmunity raust beet the comraand of the comraon sovereign ;
>Qf • the latter, the l?iw is the shield. Yet, in the only
war which has been waged, sorae of the most powerful
¦merabers of the union have been seen to withhold their
railitary force from the arm of the general government,
'expressly charged with the general defence, uncontrolled,
uncompelled ; while the tranquillity and existence of the
lunion has been jeoparded by the open defiance by a state
iof the only peaceful sanction, the judicial departraent of
the United States, and a great power of the national gov
¬ernraent, the want of which was a priraary raotive to its
establishraent, is the subject of a compromise.
, Modem discoveries of art have supplied new and irapor
tant ligaments to this union. Time, with its assimilating
influences, has given that union strength. Its mutual glory
has extended over it a protecting canopy ; but while the
patriot wUl ever devote hiraself to its preservation, he is
too well aware how much raore probable is its dismember
ment than its reunion, to regard as a visionary skepticism
the paternal wisdom of its founders, who feared and doubt
ed, while they loved and hoped.
The following observations of Harailton, written just as
the general convention adjourned, give his impressions at
that time.
" The new constitution has in favour of its success these

560 THE LIFE OF
circurastances : A very great weight of influence of the
persons who fraraed it, particularly in the universal popu
larity of General Washington. The good-wUl of the com
mercial interest throughout the states, which will give all
its efforts to the establishment of a government capable of
regulating, protecting, and extending the commerce of the
union. The good-wiU of most raen of property in the
several states, who wish a governraent of the union able to
protect them against domestic violence, and the depreda
tions which the deraocratic spirit is apt to make on pro
perty ; and who are besides anxious for the respectability
of the nation. The hopes of the creditors of the United
Stated, that a general government possessing the means
of doing it, will pay the debt of the union. A strong
belief in the people at large of the insufficiency of the
present confederation to preserve the existence of the
union, and of the necessity of the union to their safety
and prosperity ; of course, a strong desire of a change, and
a predisposition to receive well the propositions of the
convention. "Against its success is to be put, the dissent of two or
three iraportant men in the convention, who wiU think
their characters pledged to defeat the plan ; the influence
of raany inconsiderable men in possession of considerable
offices under the state governments, who will fear a diminu
tion of their consequence, power, and emolument, by the
establishment of the general government, and who can
hope for nothing there ; the influence of sorae consider
able raen in office possessed of talents and popularity, who,
partly from the same raotives, and,partly frora a desire of
playing a part in a convulsion for their own aggrandize
raent, will oppose the quiet adoption of the new govern
ment ; (some considerable raen out of office, frora raotives
of arabition may be disposed to act the sarae part.) Add to
these causes the disinchnation of the people to taxes, and

HAMILTON. 561
«f course to a strong government ; the opposition of all
men much in debt, who will not wish to see a governraent
estabUshed, one object of which is to restrain the raeans
of cheating creditors. The democratical jealousy of the
people, which may be alarmed at the appearance of insti
tutions that may seem calculated to place the power of the
coraraunity in few hands, and to raise a few individuals to
stations of great pre-eminence ; and the influence of sorae
foreign powers, who, from different motives, wiU not wish
to see an energetic governraent estabUshed throughout the
states. " In this view of the subject, it is difficult to form any
judgment whether the plan will be adopted or rejected.
It must be essentially raatter of conjecture. The present
appearances and all other circumstances considered, the
probabUity seeras to be on the side of its adoption.
" But the causes operating against its adoption are pow
erful, and there will be nothing astonishing in the con
trary. " If it do not finally obtain, it is probable the discussion
of the question wiU beget such struggles, aniraosities, and
heats in the community, that this circumstance, conspiring
with the real necessity of an essential change in our present
situation, will produce civU war. Should this happen,
whatever parties prevail, it is probable governments very
different from the present in their principles, will be estab
lished. A dismemberment of the union, and monarchies
in different portions of it, may be expected. It may how
ever happen that no civil war wiU take place, but several
republican confederacies be established between different
combinations of the particular states.
"A reunion with Great Britain, from universal disgust at
a state of comraotion, is not irapossible, though not rauch
to be feared. The most plausible shape of such a business
would be, the establishment of a son of the present mon-
71

562 *HE LIFE OP
arch in the supreme government of this country, with a
family compact.
" If the govemment be adopted, it is probable General
Washington will be the president of the United States.
This will ensure a wise choice of men to administer the
government, and a good adrainistration. A good adrainis
tration will conciUate the confidence and affection of the
people, and perhaps enable the governraent to acquire
more consistency than the proposed constitution seeras to
proraise for so great a country. It may then triumph al
together over the state governraents, and reduce thera to an
entire subordination, dividing the larger states into smaller
districts. The organs of the general government may also
acquire additional strength.
" If this should not be the case, in the course of a few
years, it is probable that the contests about the boundaries'
of power between the particular governments and the
general government, and the tnomentum of the larger states
in such contests,/ wUl produce a dissolution of the union.
This, after all, seems to be the raost likely result.
"But it is alraost arrogance in so coraplicated a subject,
depending so entirely on the incalculable fluctuations of
the human passions, to atterapt even a conjecture about
the event.
"It will be eight or nine months before any certain
judgment can be formed respecting the adoption of the
plan." Anxious as his forebodings were, it will be seen that his
exertions were not for a moraent relaxed. While he did
not di^uise his doubts, he declared, " I ara persuaded it is
the best which our political situation, habits, and opinions
will adrait, and superior to any the revolution has pro
duced." " Though it may not be perfect in evei-y part, it
is, upon the whole, a good one, is the best that the present
situation and circumstances of the country will permit."

HAMILTON. 563
Then followed his closing appeal, recommending its adop
tion in language which every revolving year renders more
impressive. " To balance a large society on general laws," it had
been said,* " the judgments of many must unite in the
work. ExPEEiENCE must guide their labour, Time must
bring it to perfection, and the feeling of inconveniences
must correct the mistakes which they inevitably faU into
in their first trials and experiments." "These judicious
reflections," Hamilton remarked, " contain a lesson of mo
deration to all the sincere lovers of the union, and ought to
put them upon their guard against hazarding anarchy,
civil war, a perpetual alienation of the states from each
other, and perhaps the mihtary despotisra of a victorious
deraagogue, in the pursuit of what they are not likely to
obtain but frora time and experience. It raay be in me
a defect of political fortitude, but I acknowledge that I
cannot entertain an equal trahquillity with those who affect
to treat the dangers of a longer continuance in our present
situation as imaginary. A nation without a national
governraent, is an awful specDacl^. The establishraent of a
constitution, in tirae of profound peace, by the voluntary
consent of a whole people, is a prodigy, to the corapletion
of which I look forward with trembling anxiety."
* Hume's Essays, v. 1, p. 128.

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