Give me the steady, uniform, un-
biassed influence of the courts of justice.
biassed influence of the courts of justice.
Hamilton - 1834 - Life on Hamilton - v1
Ladies of the first distinction throng-
ed to his prison. The character of every individual enga-
ged in the controversy, became the subject of comment,
and the applause which attended the name of Schuyler,
gave a new value to the popularity which his firmness in
the legislature had acquired.
McDougal was a man born among the people, and at a
time when aristocratic feelings were prevalent, the im-
portance attached to an individual of obscure birth, elevated
the commonalty above all artificial distinctions, and com-
mended to the aspiring spirits of the day, the lesson of re-
sistance.
The servile agents of government added new causes of
dissatisfaction. After an imprisonment of three months, a
/
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? 20 THE LIFE OP
grand jury was packed, composed of the dependants of the
governor. The government press was full of addresses,
urging his conviction. The speaker, and other official per-
sons, took their seats with the court, and, yielding to this
corrupt influence, an indictment was found against him.
At the ensuing session of the assembly,* he was brought
before the bar of the house, and although he had already in-
curred the penalty of the law, on a refusal to ask pardon,
he was again imprisoned: -- a leading member proposing
that the infliction of peine forte et dure should be imposed
to extort a humiliating recantation from his lips. But his
spirit was too firm to be intimidated, and to this brutal
threat, he replied, "That rather than resign the rights and
privileges of a British subject, he would suffer his right hand
to be cut off at the bar of the house. "
Baffled in their attempt to levy a duty on tea, through
the ordinary channels of commerce, the ministry next re-
sorted to the expedient of introducing it through the agency
of the East India Company. On information of this pro-
ject,! tne Press teemed with addresses, exhorting to resist-
ance. An association was formed, which denounced all
aiders and abettors in the introduction of this article, as
enemies to the liberties of America; and publicopinion,more
powerful than the laws, lent its aid to enforce decrees which
required no other sanction.
On the arrival of the first cargo, the governor proposed
as a compromise, that it should be landed at the fort; but
the citizens resolutely refused, and, influenced by the patri-
otic example of Boston, threw it into the bay. The re-
maining cargo was then removed from the harbour, and
the day of its departure was celebrated with tumultuous
rejoicings. J
? December 13, 1770. f November 10, 1773.
J April 18,1774, the Nancy, tea ship, Captain Lockyer, arrived. Applica-
tion wag made to the city committee to land. A sloop with a body of men was
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? HAMILTON. 21
The infatuated ministry now determined to resort to
compulsion; and the first fruit of their policy was, a bill to
close the port of Boston, -- a measure bearing on its fea-
tures every mark of tyranny.
The whole continent saw in this step the fate to which
they were doomed; and the proposition to hold a general
congress became the favourite topic of discussion, and
seemed to open the only prospect of relief.
The election of the New-York delegates to this congress
was not free from difficulty. The committee of the assem-
bly appointed to sit in its recess, and which was raised ex-
pressly to paralyze the opposition, claimed the right of
nomination, and their claim was enforced by many of the
merchants, and by all the dependants of the crown.
The only course which remained was, to wrest the
choice from this body, and submit it to the people at large.
Parties immediately formed on this ground, and for some
time it was doubtful which had the preponderance. After
various preparatory measures, a general assemblage of the
citizens was determined upon, and on the sixth of July
seventeen hundred and seventy-four, a large concourse met,
long remembered as "the great meeting in the fields. "
The measures of this meeting were of the deepest mo-
ment. The more cautious policy of the committee of cor-
respondence had not kept pace with the feelings of the
people at large, nor with those of their more ardent lead-
ers; and it was determiued by a decisive act to take a
position from which the colony could not recede.
To add to the solemnity of the occasion, the persecuted
McDougal was invited to preside, and resolutions framed
despatched to watch the vessel at Sandy Hook. April 22, Captain Chambers
arrived with a small adventure of tea; a number of people at 8 P. M. took out
the tea, and started it into the sea, persons of reputation superintending it --
At 10 the people dispersed quietly, and on the succeeding day the bells rang,
and a large meeting was held at the liberty pole.
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? 22 THE LIFE OF
by him were adopted, inveighing against the Boston Port
Act; exhorting the contemplated congress to prohibit all
commercial intercourse with Great Britain; pledging the
colony to be governed by its resolutions, and recommend-
ing the important and definitive measure of an election by
the several counties of deputies to a colonial convention,
for the express purpose of choosing delegates to the gene-
ral congress; with a request that if any of the counties
considered this mode impracticable or inexpedient, that
they should give their approbation to the deputies chosen
in the city of New-York --a suggestion which was adopted.
It was on this interesting occasion that Hamilton, then
seventeen years of age, first took part in the public delibe-
rations.
It has been related to have been his habit to walk seve-
ral hours each day under the shade of some large trees
which stood in Batteau, now Dey-street, talking to himself
in an under tone of voice, apparently engaged in deep
thought, a practice which he continued through life.
This circumstance attracted the attention of his neigh-
bours, to whom he was known as the "young West In-
dian," and led them to engage in conversation with him.
One of them remarking the vigour and maturity of his
thoughts, urged him to address this meeting, to which all
the patriots were looking with the greatest interest.
From this seeming intrusion, he at first recoiled; but,
after listening attentively to the successive speakers, and
finding several points untouched, he presented himself to
the assembled multitude.
The novelty of the attempt, his youthful countenance, his
slender and diminutive form, awakened curiosity and ar-
rested attention. Overawed by the scene before him, he
at first hesitated and faltered; but as he proceeded almost
unconsciously to utter his accustomed reflections, his mind
warmed with the theme, his energies were recovered; and,
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? HAMILTON. 23
after a discussion clear, cogent, and novel, of the great
principles involved in the controversy, he depicted in
glowing colours the long continued and long endured op-
pressions of the mother country; he insisted on the duty
of resistance, pointed to the means and certainty of success,
and described the waves of rebellion sparkling with fire,
and washing back on the shores of England the wrecks of
her power, her wealth, and her glory. The breathless
silence ceased as he closed; and the whispered murmur,
"it is a collegian! it is a collegian! " was lost in loud ex-
pressions of wonder and applause at the extraordinary
eloquence of the young stranger.
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? CHAPTER III.
The enthusiasm which led Hamilton to appear thus
early before the public had been kindled by a visit to Bos-
ton, a short time after the destruction of the tea.
He found the public mind in that place in the utmost
agitation. Excited by the high tone which prevailed there,
his attention was directed to the leading topics of this great
controversy. He had previously formed and entertained,
as he himself relates, "strong prejudices on the ministerial
side, until he became convinced by the superior force of the
arguments in favour of the colonial claims. " On his re-
turn to New-York, he enlisted warmly on the side of Ame-
rica, and gave this early and public pledge of his devotion
to her cause. A short time only elapsed before he hastened
to redeem it.
The elections held for the choice of delegates to the ge-
neral congress, which met at Philadelphia in September,
seventeen hundred and seventy-four, had given such strong
indications of the growth of popular sentiments in the colony
of New-York, that the government party became exceed-
ingly embarrassed. But unwilling to retire from the con-
test without a further effort, they resolved to endeavour by
a combined series of publications to check the progress of
revolutionary opinions.
This office of loyalty was undertaken by the gentlemen
composing the episcopal clergy, -- a body who, looking to
the monarch as the head both of the church and state,
regarded with horror every attempt to impair the royal
prerogative, -- had long been conspicuous as its most zea-
lous supporters, and who being accomplished scholars and
vol. i. 4
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? 26 THE LIFE OF
able writers, entered the lists of controversy with unhesi-
tating confidence.
Of these, Dr. Myles Cooper, the president of Kings Col-
lege, an Englishman by birth, held the first rank. Among
the other clerical gentlemen, Doctor Inglis, the father of
the present Bishop of Nova Scotia; Seabury, subsequently
Bishop of Connecticut; Doctor Samuel Chandler, and Mr.
Isaac Wilkins of Westchester, afterwards the Reverend
Doctor Wilkins, were the most prominent.
Of the champions for the colonies, Governor Livingston
of New-Jersey, a gentleman who to the purest and most in-
trepid patriotism united great sagacity, refined manners,
and a highly cultivated taste, and his son-in-law, Mr. Jay,
were the most conspicuous. To these was now to be
added the name of Hamilton. On his return from Boston
he had published a Defence of the Destruction of the Tea,
and had kept up in the columns of Holt's paper* a spirited
attack upon the measures of the ministry, in which he was
found breaking a lance with his master, Doctor Cooper. A
more important controversy now awaited him.
Within a short time after the adjournment of the first
congress, among several publications, two tracts appeared
more distinguished than the rest, which were the joint pro-
ductions of Doctor Seabury and Mr. Wilkins, the latter of
whom had recently occupied a prominent place in the de-
liberations of the New-York assembly. The first bore the
title of "Free Thoughts on the Proceedings of the Conti-
nental Congress," the other was entitled "Congress Can-
vassed, by a Westchester Farmer. "!
These publications were chiefly directed against the
* In a letter of Mr. Jay to McDougal, of the 5th of December, 1775, he
thus writes: "I hope Mr. Hamilton continues busy: I have not received
Holt's paper these three months, and therefore cannot judge of the progress
he makes. "
t November 24, 1774.
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? HAMILTON. 27
"non-importation, non-consumption, and non-exportation
agreements," which had been recommended by the con-
gress.
In the first, the writer with much art, endeavours to im-
press the minds of the colonists with the dangers of restric-
tive measures; to excite the jealousy of the farmers against
the merchants, alleging that the whole object was to en-
gross a monopoly of goods; -- anticipates, as the probable
consequence, the closing of the port, and the suspension of
justice, and remarks, with great ingenuity, on the inconsis-
tency of a congress, which, pretending to protect the liber-
ties of the people, had sanctioned the invasion of every
private right, and recommended inquisitorial powers to the
committees, to enforce their worse than fruitless agree-
ments; artfully directing the attention of the people to the
assembly of the province, as the only legitimate and ade-
quate medium of redress.
In the second address, the illegality of the recent elec-
tions is strongly urged; the appropriation of the proceeds
of goods sold for the infraction of the restrictive associa-
tions to the use of the people of Boston, is condemned as a
violation of all the rights of property; the danger of ter-
ritorial encroachments is strongly depicted; and displaying
in full array the omnipotence of England, the chimera of a
commonwealth of congresses being able to cope with the
vigour of the monarchy, is powerfully ridiculed.
The wide, industrious, and gratuitous circulation of these
pamphlets, inducing the belief that they had the sanction
of the government, they soon became the text book of the
tories, and were applauded by them as containing irrefuta-
ble arguments against the measures of the " sons of liberty. "
The zeal with which they were extolled by the friends
of government, invited the loudest condemnations of the
popular party.
They were believed to have been the productions of a
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? 28 THE LIFE OF
clergyman of the church of England, who had been con-
spicuous in the support of the ministry. This circumstance
was connected in the public mind with the recollection of
the course adopted by the spiritual lords in parliament, and
new feelings of quickened asperity were aroused. The
efforts to introduce an episcopacy into America were re-
curred to, and the abject devotion displayed by some of the
clerical dependants of the crown, and their unguarded
avowal of their sentiments, increased the odium.
In the journal of the whigs, (as they were then called,)
the zealots of the day proposed that the author and pub-
lisher should be indicted for treasonable designs; and in a
neighbouring colony the exasperation rose so high, that, at
a meeting of the county, the pamphlets were tarred and
feathered, and nailed to the pillory, amid the shouts of the
people. Within a fortnight after the second tract had is-
sued from the press,* a pamphlet appeared under the title of
"A Full Vindication of the Measures of Congress from the
Calumnies of their Enemies, in answer to a Letter under
the signature of A W. Farmer; whereby his sophistry is
exposed, his cavils confuted, his artifices detected, and his
wit ridiculed, in a General Address to the Inhabitants of
America, and a Particular Address to the Farmers of the
Province of New-York. Veritas magna est et prsevalebit.
Truth is powerful, and will prevail. New-York. Printed
by James Rivington. 1774. "
After a just tribute to that distinguished body, of which
he says, "distinguished, whether we consider the charac-
ters of the men who composed it, the number and dignity
of their constituents, or the important ends for which they
were appointed," the writer, in the outset, meets the
question of the supremacy of parliament, and pointing out
the distinction between freedom and slavery, contends that
* December 15, 1774.
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? HAMILTON. 29
representation is essential to the validity of every tax; jus-
tifies the measures of congress, as proceeding from neces-
sity, and shows the utter inefficacy of petitions and remon-
strances, as evinced by their repeated failure. "When
the political salvation," he says, "of any community is
depending, it is incumbent upon those who are set up as its
guardians, to embrace such measures as have justice, vi-
gour, and a probability of success to recommend them.
If, instead of this, they take those measures which are
themselves feeble and little likely to succeed, and may,
through a defect of vigour, involve the community in still
greater danger, they may justly be considered its betrayers.
It is not enough, in times of imminent peril, to use only
possible means of preservation. Justice and sound policy,
dictate the use of probable means. " "We can have no
resource but in a restriction of our trade, or a resistance
vi et armis. "
He next proceeds to vindicate the policy of congress, and
to defend the principle of the restrictive measures, then
much contested.
In reply to the argument as to the impoverishing effects
of these measures, he urges, as a necessary consequence,
the encouragement of manufactures, and the benefits of
emigration, which would be induced by the loss of the
American market, and the "rapid growth of domestic re-
sources, which would place the country beyond the capri-
ces of foreign powers. " "If, by the necessity of the thing,"
he says, "manufactures should once be established and take
root among us, they will pave the way, still more, to the
future grandeur and glory of America, and by lessening its
need of external commerce, will render it still securer
against the encroachments of tyranny. "
Deriving arguments from hie knowledge of the West
Indies, he illustrates, in a close detail of consequences, the
efficacy of those measures, in inducing their concurrence,
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? 30 THELIFEOF
and by affecting their interests and those of the other parts
of the empire," would rouse them from their neutrality, and
engage them in a common opposition to the lawless hand
of tyranny, which is extended to ravage our liberty from
us, and might soon be extended for the same purpose to
them. " In answer to the alarm which had been sounded
as to the blockade of the port, he shows the impracticabi-
lity of a permanent embargo, which, if persisted in, would
produce a permanent severance of the empire.
Having controverted the general arguments of his oppo-
nents, the writer proceeds to address the farmers as a class,
and says, "I do not address you in particular, because I
have any greater connexion with you than with other peo-
ple. / despise alj false pretensions and mean arts. Let
those have recourse to dissimulation, who cannot defend
their cause without it. "Tis my maxim to let the plain na-
ked truth speak for itself. " -- " 'Tis the farmer who is most
oppressed in all countries where slavery exists. " After a
rapid sketch of the grievous burthens of England,he inquires
why, if the principle is once admitted, such consequences
should not follow, and asks what limit there is to taxation?
He then displays, in glowing colours, the injustice of the
Boston port bill, and directs the confidence of the colonists
to the wisdom of congress to redress their grievances; and
after lauding the discretion of that body, which, while it
restricts the commerce of the country, continues to petition,
he closes his summary of their injuries, with the exclama-
tion,--the farmer cries "tell me not of delegates, congresses,
committees, mobs, riots, insurrections, and associations, --
a plague on them all!
Give me the steady, uniform, un-
biassed influence of the courts of justice. I have been
happy under their protection, -- I shall be so again. "
"I say, tell me not of the British commons, lords, minis-
try, ministerial tools, placemen, pensioners, parasites, -- I
scorn to let my life and property depend upon the pleasure
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? HAMILTON. 31
of any of them. Give me the steady, uniform, unshaken
security of constitutional freedom. Give me the right of
trial by a jury of my own neighbours, and to be taxed by
my own representatives only. What will become of the
law and courts of justice without this? The shadow may
remain, but the substance will be gone. I would die to
preserve the law upon a solid foundation; but take away
liberty, and the foundation is destroyed. "
A short time after,* a reply followed, entitled "A View
of the Controversy, by a Westchester Farmer," marked
with still greater asperity than the former, and pressing its
object with new arguments. The inertness of the colony
is shown, to prove the narrow circle of factious principles;
the right of legislation in the colonies is denied, on infer-
ences drawn from the tenor of the colonial charters; the
effect of an embargo, to sever from them their English
friends, is alleged; the dangers of a civil war strongly
deprecated, and a remedy proposed of vesting in parlia-
ment the enactment of general laws, reserving to the legis-
latures the mere right of taxation.
Within a month, f this paper was followed by a more
elaborate answer, of seventy-eight pages, entitled "The
Farmer Refuted; or a more Comprehensive and Impartial
View of the Disputes between Great Britain and the Co-
lonies, intended as a Further Vindication of the Congress,
in answer to a Letter from A W. Farmer, entitled A View
of the Controversy between Great Britain and her Colo-
nies, including a Mode of determining the Present Disputes
finally and effectually, &c. By a Sincere Friend to Ame-
rica. Tituli Remedia pollicentur, sed Pixedes ipsse venena
continent. The title promises Remedies, but the Box it-
self poisons. Printed by James Rivington. 1775. "
The author of the Congress Canvassed had spoken of
* January 5,1775. t February 5, 1775.
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? 32 THKLIFEOF
the measures of the congress as tending to resolve society
into its elementary principles, and reduce it to a state of
nature. His "Refuter" compares his idea of a state of
nature with that of Hobbes, "that moral obligation is con-
ventional, and virtue purely artificial;" and sarcastically
implies in him a similar sentiment, denying the exist-
ence and supremacy of a Deity. "For," he says, "to
grant that there is a Supreme Intelligence who rules the
world, and has established laws to regulate the actions
of his creatures, and still to assert that men are in a state
of nature, may be considered as perfectly free from all
restraints of law and government, appear to a common
understanding altogether irreconcilable. " He then gives
a just and philosophical definition of " natural rights," and
deduces from them the rights of the colonies, in contra-
distinction to the rights of parliament -- assuming the
position, that the principle of colonial connexion is by
grant from the crown, he distinguishes between the alle-
giance due to a common sovereign, and the authority of the
commons, which is commensurate only with the sphere of
their election; and admitting the incidental power of par-
liament over the colonies as derived from their consent,
he shows that the extent of that consent is the only just
measure of their authority, and the true principles of free
government implying a share in legislation : -- " You are
mistaken," he says, "when you confine arbitrary govern-
ment to a monarchy. It is not the supreme power being
placed in one, instead of many, that discriminates an
arbitrary from a free government. When any people
are ruled by laws in framing which they have no part,
that are to bind them to all intents and purposes, with-
out in the same manner binding the legislature them-
selves, they are in the strictest sense slaves, and the go-
vernment with respect to them is despotic; and hence the
authority of parliament over the colonies would in all pro-
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? HAMILTON. 83
bility be a more intolerable and excessive species of despo-
tism than the most absolute monarchy, as the temptation to
abuse would be greater. He contends that the right of co-
lonial legislation is an inherent right, "and that the foun-
dation of the English constitution rests upon the principle,
that laws have no validity without the consent of the peo-
ple; " "natural liberty is a gift of the beneficent Creator to
the whole human race; civil liberty is founded on it; civil /
liberty is only natural liberty, modified and secured by civil
society. " In answer to the inferences, from the charters, he
proceeds to take a survey of the political history of the co-
lonies, and proves from the terms of the charters that the
idea ofparliamentary supremacy is excluded, and an express
exemption reserved from duties on exports and imports:
and in confirmation of the sense of the crown on this ques-
tion, he adverts to the historical facts, that when a bill to
give to British subjects the privilege of fishing on the Ame-
rican coast was introduced into the house of commons, it
was announced from the throne "that America was not
annexed to the realm, and that it was not fitting that parli-
ament should make laws for those countries. " And, that in
a succeeding reign the royal assent was refused to a simi-
lar bill, on the ground "that the colonies were out of the
realm and jurisdiction of parliament;" that on the passage
of the first act to impose duties, it was opposed in Virginia,
and, to satisfy that high spirited colony, a declaration was
given under the privy seal, "that taxes ought not to be laid
without the consent of the general assembly. " Canvassing
carefully each successive charter, he shows, that the com-
mon principle extends through them all, and that a different
doctrine is contrary "to the sacred rights of mankind, which
are not to be rummaged for among old parchments, or
musty records: they are written, as with a sunbeam, in
the whole volume of human nature, by the hand of the
vol. i. 5
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? 34 THELIFEOF
Divinity itself, and can never be erased or obscured by
mortal power. "
Having closed the argument against the authority of
parliament, as founded either on the British constitution, the
natural rights of man, or the several charters of the colony,
he admits their right to regulate trade, but as a right con-
ceded to them by the colonies, and only to be exercised on
principles which induced the concession, common to all
the subjects of the realm.
Pursuing the argument of his adversary, he again vindi-
cates the proceedings of congress; and after reciting the
successive acts of usurpation, and the inefficacy of petitions,
from the fact that parliament had never abandoned the
right of taxation, remarks, that the violence of the minis-
try demanded the adoption of efficacious measures as our
only security:" and after eloquently picturing the blockade
of Boston, which led to the convention of congress, he thus
replies to its alleged illegality: -- " When the first princi-
ples of civil society are violated, and the rights of a whole
people are invaded, the common forms of municipal law are
not to be regarded. Men may then betake themselves to
the law of nature; and if they but conform their actions
to that standard, all cavils against them betray either igno-
rance or dishonesty. There are some events in society to
which human laws cannot extend; but when applied to
them, lose all their force and efficacy. In short, when hu-
man laws contradict or discountenance the means which
are necessary to preserve the essential rights of any society,
they defeat the proper end of all laws, and so become null
and void. "
Having given an able sketch of the commercial relations
of the two countries, he shows our means of self-depend-
ence, and confuting his antagonist, who had ridiculed the
impotence of our resistance, meets him on the broad ground
of arms and independence: confidently affirms our ability
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? HAMILTON. 35
to support our freedom, and by a system of protracted war-
fare, with the aid of foreign succour, to weary out the
mother country, and exhaust her strength.
The following extracts show how far at this early age
he anticipated our future resources : -- " With respect to
cotton, you do not pretend to deny that a sufficient quan-
tity of that may be produced. Several of the southern co-
lonies are so favourable to it, that, with due cultivation, in
a couple of years they would afford enough to clothe the
whole continent. As to the expense of bringing it by land,
the best way will be to manufacture it where it grows,
and afterwards transport it to the other colonies. Upon
this plan, I apprehend, the expense would not be greater
than to build and equip large ships to import the manufac-
tures of Great Britain from thence. If we were to turn
our attention from external to internal commerce, we would
give greater stability and more lasting prosperity to our
country than she can possibly have otherwise. We should
not then import the vices and luxuries of foreign climes,
nor should we make hasty strides to public corruption and
depravity. Those obstacles which to the eye of timidity
and apprehension appear like the Alps, to the hand of re-
solution and perseverance become mere hillocks. " In re-
ference to the mode of conducting the war, he remarks:
"Let it be remembered there are no large plains for the
two armies to meet in and decide the contest by some de-
cisive stroke, where any advantage gained by either side
must be prosecuted, till a complete victory is obtained.
The circumstances of our country put it in our power to
evade a pitched battle. It will be better policy to harass
and exhaust the soldiery by frequent skirmishes and incur-
sions, than to take the open field with them, by which means
they would have the full benefit of their superior regularity
and skill. Americans are better qualified for that kind of
fighting, which is most adapted to the country, than regu-
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? 36 THE LIFE OF
lar troops: should the soldiery advance into the country, as
they would be obliged to do, if they had any inclination to
subdue us, their discipline would be of little use to them.
Whatever may be said of the disciplined troops of Britain,
the event of the contest must be extremely doubtful. There
is a certain enthusiasm in liberty, that makes human nature
rise above itself in acts of bravery and heroism. " Speak-
ing of foreign succour, he observes: "The most that can
be expected from France, Spain, and Holland, is, that they
would refrain from an open rupture with Great Britain.
They would undoubtedly take every clandestine method to
introduce among us supplies of those things which we stood
in need of, to carry on the dispute. They would not ne-
glect any thing in their power to make the opposition on
our part as vigorous and obstinate as our affairs would ad-
mit of. But it seems to me a mark of great credulity to be-
lieve, upon the strength of their assurance, that France and
Spain would not take a still more interesting part in the
affair. The disjunction of these colonies from Britain, and
the acquisition of a free trade with them, are objects of too
inviting a complexion to suffer those kingdoms to remain
idle spectators of the contention. If they found us inclined
to throw ourselves upon their protection, they would ea-
gerly embrace the opportunity to weaken their antagonist,
and strengthen themselves. Superadded to these general
and prevailing inducements, there are others of a more
particular nature. They would feel no small inconvenience
in the loss of those supplies they annually get from us, and
their islands would be in the greatest distress for the want
of our trade. From these reflections it is more than pro-
bable, that America is able to support its freedom, even by
the force of arms, if she be not betrayed by her own sons. "
The firm and confident temper manifested in these pam-
phlets, gave them a most rapid and extensive popularity.
They were immediately appealed to by the whigs, as tri-
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? HAMILTON. 37
umphant defences of their opinions and conduct, and curio-
sity was alive to discover their author. They were gene-
rally attributed to Governor Livingston and to Mr. Jay,
and these distinguished men gained from them, for a time,
increased celebrity; but when, on the inquiry to which of
these two individuals the public were indebted for this
great service, the author was ascertained to be Alexander
Hamilton, a youth about eighteen, but recently admitted to
college, and new to the country, admiration of the works
was lost in surprise at the discovery. By many it was
doubted. "I remember," says Colonel Troup, "that in a
conversation I once had with Doctor Cooper about the an-
swer, he insisted that Mr. Jay must be the author of it, it
being absurd to imagine that so young a man as Hamilton
could have written it;" and the positive assertions of Troup
and Mulligan, to whom parts of it had been read in the
progress of composition, seemed hardly sufficient to dispel
the doubt. *
Signal distinction followed the disclosure. Hamilton
was at once regarded as a prodigy of intellect: -- anxious
inquiries poured in from the other colonies. "Sir," said
the gallant Willet, " Sears was a warm man, but with little
reflection; McDougal was strong-minded, and Jay appear-
ing to fall in with the measures of Sears, tempered and
controlled them; but Hamilton, after these great writings,
became our oracle;" and from being known in New-York
as the eloquent collegian, he was distinguished in the pub-
lic press by the appellation of "The Vindicator of Con-
gress. "
When the vigour and terseness of style, the mass of in-
* The importance of gaining such an adversary, was felt by the friends of
the crown; and it is related by a cotemporary of his, now living, that a most
liberal offer was tendered to Hamilton by Dr. Cooper, if he would consent to
write in behalf of the ministry. It is unnecessary to add, that it was rejected.
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? 38 THE LIFE or
formation, the closeness of reasoning, the happy exposition
of the weak points of his antagonist, the clear perception
of the principles of political liberty which the American
revolution has rendered familiar, and chiefly the compre-
hensive and prophetic view which is taken of the great
questions then discussed, and which involved not less the
destinies of the British empire, than of all others, are con-
sidered, these pamphlets will be admitted to possess merits
of which the most practised statesman might be proud, and
when regarded as the productions of such a youth, are un-
rivalled.
The latter of these publications appeared in February,
seventeen hundred and seventy-five, at that gloomy period of
suspense when every eye was directed to England, waiting
the result of the proceedings of the late congress, and when
not a ray of relief broke upon the view. The rejection of
Lord Chatham's conciliatory bill, which was soon after
known, dissipated every remaining hope of peaceable re-
dress.
In New-York, the ministerial party maintained their as-
cendency in the assembly, although not without a severe
and persevering conflict. Not daring longer to defend the
measures of the ministry, they sought by holding out the
prospect of a favourable answer to their petitions, and by
assuring to their constituents a special exemption from the
common calamity, to quiet the minds and paralyze the
efforts of the people. The opposition in this body was still
led by two men of the most determined resolution, -- Phi-
lip Schuyler and George Clinton, -- who, together with
John Jay, were the leading patriots of New-York; and
when the importance of the concurrence of this province,
and the embarrassments with which it was surrounded, are
taken into view, contending, at the same time, with the
whole influence of the ministry, with the power of the co-
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? HAMILTON. 39
lonial government, adroitly exercised, with a large body of
its wealthy proprietors actively co-operating with the timid
portion of the mercantile community, amid a divided popu-
lation and distracted councils, it is difficult to measure the
value of their services.
The first of these, Colonel Schuyler, had been a partizan
officer in the war of seventeen hundred and fifty-six. By
his fertility of resource and unyielding energy, he rendered
distinguished services to the British commander,* who fell,
lamented, by his side, and to him the honour of his inter-
ment was confided. Descended from one of the early
Dutch settlers of this province, the influence and respecta-
bility of whose family had been transmitted through suc-
cessive generations, he exercised an almost unrivalled sway
over the minds of the descendants of a people, whose first
mention in history, as a distinct political community, is as-
sociated with the assertion of their liberties.
Possessed of great wealth, he embarked it in the contest,
as a pledge of his patriotism, and, in the course of the re-
volution, sacrificed as much of fortune and of feeling, as any
other individual in America.
Party to the most secret councils of the continent, he had
staked every thing on the issue of the conflict, and had ac-
quired a weight of influence which led both Virginia and
Massachusetts to regard him as the connecting link in the
great purposes at which they aimed. "On the shoulders
of this great man," said Judge Benson, "the conduct of
New-York rested. "
Hislove of fame was less than his love of country; and
when the misadventures of some robbed him of the glory
to which he was entitled, and while artifice withheld from
him an opportunity of vindication, he is not seen indulging
in invidious comments on the successes of others, but con-
* Lord Howe.
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? 40 THE LIFE OF
tinuing within the sphere of his great influence and resour-
ces, to advance the cause of his early preference. Thus,
his strength of character sustained him when other men
sink, and his adversity gave him more true honour than he
could have derived from success. * Sullied by no private
vices, and misled by no small passions, his path through life
was high, unspotted, equal; and he died with a reputation,
which those who knew and followed him, have contended
to perpetuate. ,
Sprung from a family of Irish descent, which counted
among their ancestry a gallant officer of the cavaliers who
fell with Charles the First, -- George Clinton, in a nobler
cause, displayed all the perseverance and courage of his
blood.
In early youth he broke from the thrall of parental au-
thority, and exchanged for his father's house, a birth on
board of a privateer, in which he made a cruise during the
French war. He is next seen in service with his father
and brother, in an attack which resulted in the capture of
Frontignac. He then became a lawyer, and was placed
soon after in that sphere in which he was the associate
of Schuyler, in opposition to the influence of the crown.
Transferred by the popular choice to the continental con-
gress, he took part in the measures of 1775 and 1776, and
on the formation of the constitution of the state of New-
York, was chosen its governor, and filled that station during
a period of eighteen years. On the first call to arms, he
was appointed a brigadier general, and during the most
trying years of the war commanded in the Highlands,
and held the keys of that natural citadel. In intrepidity,
* "I hope," said Mr. Jay, "you will seriously determine to serve your
country, at least in a legislative capacity. Class yourself with those great men
of antiquity, who, unmoved by the ingratitude of their country, omitted no op-
portunities of promoting the public weal. " -- 12th February, 1778.
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? HAMILTON. 41
perseverance, and love of liberty, he was not less distin-
guished than his great compatriot; but in the modes of at-
taining their objects, and in their political views, they were
most unlike. By Schuyler, the declaration of independ-
ence was regarded but as the first step toward the creation
of a great nation, pledged to the principles which that in-
strument proclaimed. With Clinton, the love of liberty
was a fiercer passion.
In Schuyler, it was a principle of high benevolence, en-
larging with the sphere of action. With Clinton, it was a
jealousy of power, contracting and deforming the object of
his adoration. The one, conscious of his own imperfec-
tions, regarded mankind with a kindred feeling, as full of
weaknesses from which they were to be protected. The
other, with a profound knowledge of human nature, and
consummate talents for popularity, looked more to the pas-
sions of men, as a field from which could be gathered a
store of influence for his own advancement. The one aided
in building up the constitution of the United States on the
basis of a firm and perpetual union. The other, had he
prevailed, would have doomed them to perpetual anarchy.
ed to his prison. The character of every individual enga-
ged in the controversy, became the subject of comment,
and the applause which attended the name of Schuyler,
gave a new value to the popularity which his firmness in
the legislature had acquired.
McDougal was a man born among the people, and at a
time when aristocratic feelings were prevalent, the im-
portance attached to an individual of obscure birth, elevated
the commonalty above all artificial distinctions, and com-
mended to the aspiring spirits of the day, the lesson of re-
sistance.
The servile agents of government added new causes of
dissatisfaction. After an imprisonment of three months, a
/
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? 20 THE LIFE OP
grand jury was packed, composed of the dependants of the
governor. The government press was full of addresses,
urging his conviction. The speaker, and other official per-
sons, took their seats with the court, and, yielding to this
corrupt influence, an indictment was found against him.
At the ensuing session of the assembly,* he was brought
before the bar of the house, and although he had already in-
curred the penalty of the law, on a refusal to ask pardon,
he was again imprisoned: -- a leading member proposing
that the infliction of peine forte et dure should be imposed
to extort a humiliating recantation from his lips. But his
spirit was too firm to be intimidated, and to this brutal
threat, he replied, "That rather than resign the rights and
privileges of a British subject, he would suffer his right hand
to be cut off at the bar of the house. "
Baffled in their attempt to levy a duty on tea, through
the ordinary channels of commerce, the ministry next re-
sorted to the expedient of introducing it through the agency
of the East India Company. On information of this pro-
ject,! tne Press teemed with addresses, exhorting to resist-
ance. An association was formed, which denounced all
aiders and abettors in the introduction of this article, as
enemies to the liberties of America; and publicopinion,more
powerful than the laws, lent its aid to enforce decrees which
required no other sanction.
On the arrival of the first cargo, the governor proposed
as a compromise, that it should be landed at the fort; but
the citizens resolutely refused, and, influenced by the patri-
otic example of Boston, threw it into the bay. The re-
maining cargo was then removed from the harbour, and
the day of its departure was celebrated with tumultuous
rejoicings. J
? December 13, 1770. f November 10, 1773.
J April 18,1774, the Nancy, tea ship, Captain Lockyer, arrived. Applica-
tion wag made to the city committee to land. A sloop with a body of men was
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? HAMILTON. 21
The infatuated ministry now determined to resort to
compulsion; and the first fruit of their policy was, a bill to
close the port of Boston, -- a measure bearing on its fea-
tures every mark of tyranny.
The whole continent saw in this step the fate to which
they were doomed; and the proposition to hold a general
congress became the favourite topic of discussion, and
seemed to open the only prospect of relief.
The election of the New-York delegates to this congress
was not free from difficulty. The committee of the assem-
bly appointed to sit in its recess, and which was raised ex-
pressly to paralyze the opposition, claimed the right of
nomination, and their claim was enforced by many of the
merchants, and by all the dependants of the crown.
The only course which remained was, to wrest the
choice from this body, and submit it to the people at large.
Parties immediately formed on this ground, and for some
time it was doubtful which had the preponderance. After
various preparatory measures, a general assemblage of the
citizens was determined upon, and on the sixth of July
seventeen hundred and seventy-four, a large concourse met,
long remembered as "the great meeting in the fields. "
The measures of this meeting were of the deepest mo-
ment. The more cautious policy of the committee of cor-
respondence had not kept pace with the feelings of the
people at large, nor with those of their more ardent lead-
ers; and it was determiued by a decisive act to take a
position from which the colony could not recede.
To add to the solemnity of the occasion, the persecuted
McDougal was invited to preside, and resolutions framed
despatched to watch the vessel at Sandy Hook. April 22, Captain Chambers
arrived with a small adventure of tea; a number of people at 8 P. M. took out
the tea, and started it into the sea, persons of reputation superintending it --
At 10 the people dispersed quietly, and on the succeeding day the bells rang,
and a large meeting was held at the liberty pole.
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? 22 THE LIFE OF
by him were adopted, inveighing against the Boston Port
Act; exhorting the contemplated congress to prohibit all
commercial intercourse with Great Britain; pledging the
colony to be governed by its resolutions, and recommend-
ing the important and definitive measure of an election by
the several counties of deputies to a colonial convention,
for the express purpose of choosing delegates to the gene-
ral congress; with a request that if any of the counties
considered this mode impracticable or inexpedient, that
they should give their approbation to the deputies chosen
in the city of New-York --a suggestion which was adopted.
It was on this interesting occasion that Hamilton, then
seventeen years of age, first took part in the public delibe-
rations.
It has been related to have been his habit to walk seve-
ral hours each day under the shade of some large trees
which stood in Batteau, now Dey-street, talking to himself
in an under tone of voice, apparently engaged in deep
thought, a practice which he continued through life.
This circumstance attracted the attention of his neigh-
bours, to whom he was known as the "young West In-
dian," and led them to engage in conversation with him.
One of them remarking the vigour and maturity of his
thoughts, urged him to address this meeting, to which all
the patriots were looking with the greatest interest.
From this seeming intrusion, he at first recoiled; but,
after listening attentively to the successive speakers, and
finding several points untouched, he presented himself to
the assembled multitude.
The novelty of the attempt, his youthful countenance, his
slender and diminutive form, awakened curiosity and ar-
rested attention. Overawed by the scene before him, he
at first hesitated and faltered; but as he proceeded almost
unconsciously to utter his accustomed reflections, his mind
warmed with the theme, his energies were recovered; and,
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? HAMILTON. 23
after a discussion clear, cogent, and novel, of the great
principles involved in the controversy, he depicted in
glowing colours the long continued and long endured op-
pressions of the mother country; he insisted on the duty
of resistance, pointed to the means and certainty of success,
and described the waves of rebellion sparkling with fire,
and washing back on the shores of England the wrecks of
her power, her wealth, and her glory. The breathless
silence ceased as he closed; and the whispered murmur,
"it is a collegian! it is a collegian! " was lost in loud ex-
pressions of wonder and applause at the extraordinary
eloquence of the young stranger.
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? CHAPTER III.
The enthusiasm which led Hamilton to appear thus
early before the public had been kindled by a visit to Bos-
ton, a short time after the destruction of the tea.
He found the public mind in that place in the utmost
agitation. Excited by the high tone which prevailed there,
his attention was directed to the leading topics of this great
controversy. He had previously formed and entertained,
as he himself relates, "strong prejudices on the ministerial
side, until he became convinced by the superior force of the
arguments in favour of the colonial claims. " On his re-
turn to New-York, he enlisted warmly on the side of Ame-
rica, and gave this early and public pledge of his devotion
to her cause. A short time only elapsed before he hastened
to redeem it.
The elections held for the choice of delegates to the ge-
neral congress, which met at Philadelphia in September,
seventeen hundred and seventy-four, had given such strong
indications of the growth of popular sentiments in the colony
of New-York, that the government party became exceed-
ingly embarrassed. But unwilling to retire from the con-
test without a further effort, they resolved to endeavour by
a combined series of publications to check the progress of
revolutionary opinions.
This office of loyalty was undertaken by the gentlemen
composing the episcopal clergy, -- a body who, looking to
the monarch as the head both of the church and state,
regarded with horror every attempt to impair the royal
prerogative, -- had long been conspicuous as its most zea-
lous supporters, and who being accomplished scholars and
vol. i. 4
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? 26 THE LIFE OF
able writers, entered the lists of controversy with unhesi-
tating confidence.
Of these, Dr. Myles Cooper, the president of Kings Col-
lege, an Englishman by birth, held the first rank. Among
the other clerical gentlemen, Doctor Inglis, the father of
the present Bishop of Nova Scotia; Seabury, subsequently
Bishop of Connecticut; Doctor Samuel Chandler, and Mr.
Isaac Wilkins of Westchester, afterwards the Reverend
Doctor Wilkins, were the most prominent.
Of the champions for the colonies, Governor Livingston
of New-Jersey, a gentleman who to the purest and most in-
trepid patriotism united great sagacity, refined manners,
and a highly cultivated taste, and his son-in-law, Mr. Jay,
were the most conspicuous. To these was now to be
added the name of Hamilton. On his return from Boston
he had published a Defence of the Destruction of the Tea,
and had kept up in the columns of Holt's paper* a spirited
attack upon the measures of the ministry, in which he was
found breaking a lance with his master, Doctor Cooper. A
more important controversy now awaited him.
Within a short time after the adjournment of the first
congress, among several publications, two tracts appeared
more distinguished than the rest, which were the joint pro-
ductions of Doctor Seabury and Mr. Wilkins, the latter of
whom had recently occupied a prominent place in the de-
liberations of the New-York assembly. The first bore the
title of "Free Thoughts on the Proceedings of the Conti-
nental Congress," the other was entitled "Congress Can-
vassed, by a Westchester Farmer. "!
These publications were chiefly directed against the
* In a letter of Mr. Jay to McDougal, of the 5th of December, 1775, he
thus writes: "I hope Mr. Hamilton continues busy: I have not received
Holt's paper these three months, and therefore cannot judge of the progress
he makes. "
t November 24, 1774.
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? HAMILTON. 27
"non-importation, non-consumption, and non-exportation
agreements," which had been recommended by the con-
gress.
In the first, the writer with much art, endeavours to im-
press the minds of the colonists with the dangers of restric-
tive measures; to excite the jealousy of the farmers against
the merchants, alleging that the whole object was to en-
gross a monopoly of goods; -- anticipates, as the probable
consequence, the closing of the port, and the suspension of
justice, and remarks, with great ingenuity, on the inconsis-
tency of a congress, which, pretending to protect the liber-
ties of the people, had sanctioned the invasion of every
private right, and recommended inquisitorial powers to the
committees, to enforce their worse than fruitless agree-
ments; artfully directing the attention of the people to the
assembly of the province, as the only legitimate and ade-
quate medium of redress.
In the second address, the illegality of the recent elec-
tions is strongly urged; the appropriation of the proceeds
of goods sold for the infraction of the restrictive associa-
tions to the use of the people of Boston, is condemned as a
violation of all the rights of property; the danger of ter-
ritorial encroachments is strongly depicted; and displaying
in full array the omnipotence of England, the chimera of a
commonwealth of congresses being able to cope with the
vigour of the monarchy, is powerfully ridiculed.
The wide, industrious, and gratuitous circulation of these
pamphlets, inducing the belief that they had the sanction
of the government, they soon became the text book of the
tories, and were applauded by them as containing irrefuta-
ble arguments against the measures of the " sons of liberty. "
The zeal with which they were extolled by the friends
of government, invited the loudest condemnations of the
popular party.
They were believed to have been the productions of a
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? 28 THE LIFE OF
clergyman of the church of England, who had been con-
spicuous in the support of the ministry. This circumstance
was connected in the public mind with the recollection of
the course adopted by the spiritual lords in parliament, and
new feelings of quickened asperity were aroused. The
efforts to introduce an episcopacy into America were re-
curred to, and the abject devotion displayed by some of the
clerical dependants of the crown, and their unguarded
avowal of their sentiments, increased the odium.
In the journal of the whigs, (as they were then called,)
the zealots of the day proposed that the author and pub-
lisher should be indicted for treasonable designs; and in a
neighbouring colony the exasperation rose so high, that, at
a meeting of the county, the pamphlets were tarred and
feathered, and nailed to the pillory, amid the shouts of the
people. Within a fortnight after the second tract had is-
sued from the press,* a pamphlet appeared under the title of
"A Full Vindication of the Measures of Congress from the
Calumnies of their Enemies, in answer to a Letter under
the signature of A W. Farmer; whereby his sophistry is
exposed, his cavils confuted, his artifices detected, and his
wit ridiculed, in a General Address to the Inhabitants of
America, and a Particular Address to the Farmers of the
Province of New-York. Veritas magna est et prsevalebit.
Truth is powerful, and will prevail. New-York. Printed
by James Rivington. 1774. "
After a just tribute to that distinguished body, of which
he says, "distinguished, whether we consider the charac-
ters of the men who composed it, the number and dignity
of their constituents, or the important ends for which they
were appointed," the writer, in the outset, meets the
question of the supremacy of parliament, and pointing out
the distinction between freedom and slavery, contends that
* December 15, 1774.
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? HAMILTON. 29
representation is essential to the validity of every tax; jus-
tifies the measures of congress, as proceeding from neces-
sity, and shows the utter inefficacy of petitions and remon-
strances, as evinced by their repeated failure. "When
the political salvation," he says, "of any community is
depending, it is incumbent upon those who are set up as its
guardians, to embrace such measures as have justice, vi-
gour, and a probability of success to recommend them.
If, instead of this, they take those measures which are
themselves feeble and little likely to succeed, and may,
through a defect of vigour, involve the community in still
greater danger, they may justly be considered its betrayers.
It is not enough, in times of imminent peril, to use only
possible means of preservation. Justice and sound policy,
dictate the use of probable means. " "We can have no
resource but in a restriction of our trade, or a resistance
vi et armis. "
He next proceeds to vindicate the policy of congress, and
to defend the principle of the restrictive measures, then
much contested.
In reply to the argument as to the impoverishing effects
of these measures, he urges, as a necessary consequence,
the encouragement of manufactures, and the benefits of
emigration, which would be induced by the loss of the
American market, and the "rapid growth of domestic re-
sources, which would place the country beyond the capri-
ces of foreign powers. " "If, by the necessity of the thing,"
he says, "manufactures should once be established and take
root among us, they will pave the way, still more, to the
future grandeur and glory of America, and by lessening its
need of external commerce, will render it still securer
against the encroachments of tyranny. "
Deriving arguments from hie knowledge of the West
Indies, he illustrates, in a close detail of consequences, the
efficacy of those measures, in inducing their concurrence,
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? 30 THELIFEOF
and by affecting their interests and those of the other parts
of the empire," would rouse them from their neutrality, and
engage them in a common opposition to the lawless hand
of tyranny, which is extended to ravage our liberty from
us, and might soon be extended for the same purpose to
them. " In answer to the alarm which had been sounded
as to the blockade of the port, he shows the impracticabi-
lity of a permanent embargo, which, if persisted in, would
produce a permanent severance of the empire.
Having controverted the general arguments of his oppo-
nents, the writer proceeds to address the farmers as a class,
and says, "I do not address you in particular, because I
have any greater connexion with you than with other peo-
ple. / despise alj false pretensions and mean arts. Let
those have recourse to dissimulation, who cannot defend
their cause without it. "Tis my maxim to let the plain na-
ked truth speak for itself. " -- " 'Tis the farmer who is most
oppressed in all countries where slavery exists. " After a
rapid sketch of the grievous burthens of England,he inquires
why, if the principle is once admitted, such consequences
should not follow, and asks what limit there is to taxation?
He then displays, in glowing colours, the injustice of the
Boston port bill, and directs the confidence of the colonists
to the wisdom of congress to redress their grievances; and
after lauding the discretion of that body, which, while it
restricts the commerce of the country, continues to petition,
he closes his summary of their injuries, with the exclama-
tion,--the farmer cries "tell me not of delegates, congresses,
committees, mobs, riots, insurrections, and associations, --
a plague on them all!
Give me the steady, uniform, un-
biassed influence of the courts of justice. I have been
happy under their protection, -- I shall be so again. "
"I say, tell me not of the British commons, lords, minis-
try, ministerial tools, placemen, pensioners, parasites, -- I
scorn to let my life and property depend upon the pleasure
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? HAMILTON. 31
of any of them. Give me the steady, uniform, unshaken
security of constitutional freedom. Give me the right of
trial by a jury of my own neighbours, and to be taxed by
my own representatives only. What will become of the
law and courts of justice without this? The shadow may
remain, but the substance will be gone. I would die to
preserve the law upon a solid foundation; but take away
liberty, and the foundation is destroyed. "
A short time after,* a reply followed, entitled "A View
of the Controversy, by a Westchester Farmer," marked
with still greater asperity than the former, and pressing its
object with new arguments. The inertness of the colony
is shown, to prove the narrow circle of factious principles;
the right of legislation in the colonies is denied, on infer-
ences drawn from the tenor of the colonial charters; the
effect of an embargo, to sever from them their English
friends, is alleged; the dangers of a civil war strongly
deprecated, and a remedy proposed of vesting in parlia-
ment the enactment of general laws, reserving to the legis-
latures the mere right of taxation.
Within a month, f this paper was followed by a more
elaborate answer, of seventy-eight pages, entitled "The
Farmer Refuted; or a more Comprehensive and Impartial
View of the Disputes between Great Britain and the Co-
lonies, intended as a Further Vindication of the Congress,
in answer to a Letter from A W. Farmer, entitled A View
of the Controversy between Great Britain and her Colo-
nies, including a Mode of determining the Present Disputes
finally and effectually, &c. By a Sincere Friend to Ame-
rica. Tituli Remedia pollicentur, sed Pixedes ipsse venena
continent. The title promises Remedies, but the Box it-
self poisons. Printed by James Rivington. 1775. "
The author of the Congress Canvassed had spoken of
* January 5,1775. t February 5, 1775.
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? 32 THKLIFEOF
the measures of the congress as tending to resolve society
into its elementary principles, and reduce it to a state of
nature. His "Refuter" compares his idea of a state of
nature with that of Hobbes, "that moral obligation is con-
ventional, and virtue purely artificial;" and sarcastically
implies in him a similar sentiment, denying the exist-
ence and supremacy of a Deity. "For," he says, "to
grant that there is a Supreme Intelligence who rules the
world, and has established laws to regulate the actions
of his creatures, and still to assert that men are in a state
of nature, may be considered as perfectly free from all
restraints of law and government, appear to a common
understanding altogether irreconcilable. " He then gives
a just and philosophical definition of " natural rights," and
deduces from them the rights of the colonies, in contra-
distinction to the rights of parliament -- assuming the
position, that the principle of colonial connexion is by
grant from the crown, he distinguishes between the alle-
giance due to a common sovereign, and the authority of the
commons, which is commensurate only with the sphere of
their election; and admitting the incidental power of par-
liament over the colonies as derived from their consent,
he shows that the extent of that consent is the only just
measure of their authority, and the true principles of free
government implying a share in legislation : -- " You are
mistaken," he says, "when you confine arbitrary govern-
ment to a monarchy. It is not the supreme power being
placed in one, instead of many, that discriminates an
arbitrary from a free government. When any people
are ruled by laws in framing which they have no part,
that are to bind them to all intents and purposes, with-
out in the same manner binding the legislature them-
selves, they are in the strictest sense slaves, and the go-
vernment with respect to them is despotic; and hence the
authority of parliament over the colonies would in all pro-
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? HAMILTON. 83
bility be a more intolerable and excessive species of despo-
tism than the most absolute monarchy, as the temptation to
abuse would be greater. He contends that the right of co-
lonial legislation is an inherent right, "and that the foun-
dation of the English constitution rests upon the principle,
that laws have no validity without the consent of the peo-
ple; " "natural liberty is a gift of the beneficent Creator to
the whole human race; civil liberty is founded on it; civil /
liberty is only natural liberty, modified and secured by civil
society. " In answer to the inferences, from the charters, he
proceeds to take a survey of the political history of the co-
lonies, and proves from the terms of the charters that the
idea ofparliamentary supremacy is excluded, and an express
exemption reserved from duties on exports and imports:
and in confirmation of the sense of the crown on this ques-
tion, he adverts to the historical facts, that when a bill to
give to British subjects the privilege of fishing on the Ame-
rican coast was introduced into the house of commons, it
was announced from the throne "that America was not
annexed to the realm, and that it was not fitting that parli-
ament should make laws for those countries. " And, that in
a succeeding reign the royal assent was refused to a simi-
lar bill, on the ground "that the colonies were out of the
realm and jurisdiction of parliament;" that on the passage
of the first act to impose duties, it was opposed in Virginia,
and, to satisfy that high spirited colony, a declaration was
given under the privy seal, "that taxes ought not to be laid
without the consent of the general assembly. " Canvassing
carefully each successive charter, he shows, that the com-
mon principle extends through them all, and that a different
doctrine is contrary "to the sacred rights of mankind, which
are not to be rummaged for among old parchments, or
musty records: they are written, as with a sunbeam, in
the whole volume of human nature, by the hand of the
vol. i. 5
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? 34 THELIFEOF
Divinity itself, and can never be erased or obscured by
mortal power. "
Having closed the argument against the authority of
parliament, as founded either on the British constitution, the
natural rights of man, or the several charters of the colony,
he admits their right to regulate trade, but as a right con-
ceded to them by the colonies, and only to be exercised on
principles which induced the concession, common to all
the subjects of the realm.
Pursuing the argument of his adversary, he again vindi-
cates the proceedings of congress; and after reciting the
successive acts of usurpation, and the inefficacy of petitions,
from the fact that parliament had never abandoned the
right of taxation, remarks, that the violence of the minis-
try demanded the adoption of efficacious measures as our
only security:" and after eloquently picturing the blockade
of Boston, which led to the convention of congress, he thus
replies to its alleged illegality: -- " When the first princi-
ples of civil society are violated, and the rights of a whole
people are invaded, the common forms of municipal law are
not to be regarded. Men may then betake themselves to
the law of nature; and if they but conform their actions
to that standard, all cavils against them betray either igno-
rance or dishonesty. There are some events in society to
which human laws cannot extend; but when applied to
them, lose all their force and efficacy. In short, when hu-
man laws contradict or discountenance the means which
are necessary to preserve the essential rights of any society,
they defeat the proper end of all laws, and so become null
and void. "
Having given an able sketch of the commercial relations
of the two countries, he shows our means of self-depend-
ence, and confuting his antagonist, who had ridiculed the
impotence of our resistance, meets him on the broad ground
of arms and independence: confidently affirms our ability
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? HAMILTON. 35
to support our freedom, and by a system of protracted war-
fare, with the aid of foreign succour, to weary out the
mother country, and exhaust her strength.
The following extracts show how far at this early age
he anticipated our future resources : -- " With respect to
cotton, you do not pretend to deny that a sufficient quan-
tity of that may be produced. Several of the southern co-
lonies are so favourable to it, that, with due cultivation, in
a couple of years they would afford enough to clothe the
whole continent. As to the expense of bringing it by land,
the best way will be to manufacture it where it grows,
and afterwards transport it to the other colonies. Upon
this plan, I apprehend, the expense would not be greater
than to build and equip large ships to import the manufac-
tures of Great Britain from thence. If we were to turn
our attention from external to internal commerce, we would
give greater stability and more lasting prosperity to our
country than she can possibly have otherwise. We should
not then import the vices and luxuries of foreign climes,
nor should we make hasty strides to public corruption and
depravity. Those obstacles which to the eye of timidity
and apprehension appear like the Alps, to the hand of re-
solution and perseverance become mere hillocks. " In re-
ference to the mode of conducting the war, he remarks:
"Let it be remembered there are no large plains for the
two armies to meet in and decide the contest by some de-
cisive stroke, where any advantage gained by either side
must be prosecuted, till a complete victory is obtained.
The circumstances of our country put it in our power to
evade a pitched battle. It will be better policy to harass
and exhaust the soldiery by frequent skirmishes and incur-
sions, than to take the open field with them, by which means
they would have the full benefit of their superior regularity
and skill. Americans are better qualified for that kind of
fighting, which is most adapted to the country, than regu-
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? 36 THE LIFE OF
lar troops: should the soldiery advance into the country, as
they would be obliged to do, if they had any inclination to
subdue us, their discipline would be of little use to them.
Whatever may be said of the disciplined troops of Britain,
the event of the contest must be extremely doubtful. There
is a certain enthusiasm in liberty, that makes human nature
rise above itself in acts of bravery and heroism. " Speak-
ing of foreign succour, he observes: "The most that can
be expected from France, Spain, and Holland, is, that they
would refrain from an open rupture with Great Britain.
They would undoubtedly take every clandestine method to
introduce among us supplies of those things which we stood
in need of, to carry on the dispute. They would not ne-
glect any thing in their power to make the opposition on
our part as vigorous and obstinate as our affairs would ad-
mit of. But it seems to me a mark of great credulity to be-
lieve, upon the strength of their assurance, that France and
Spain would not take a still more interesting part in the
affair. The disjunction of these colonies from Britain, and
the acquisition of a free trade with them, are objects of too
inviting a complexion to suffer those kingdoms to remain
idle spectators of the contention. If they found us inclined
to throw ourselves upon their protection, they would ea-
gerly embrace the opportunity to weaken their antagonist,
and strengthen themselves. Superadded to these general
and prevailing inducements, there are others of a more
particular nature. They would feel no small inconvenience
in the loss of those supplies they annually get from us, and
their islands would be in the greatest distress for the want
of our trade. From these reflections it is more than pro-
bable, that America is able to support its freedom, even by
the force of arms, if she be not betrayed by her own sons. "
The firm and confident temper manifested in these pam-
phlets, gave them a most rapid and extensive popularity.
They were immediately appealed to by the whigs, as tri-
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? HAMILTON. 37
umphant defences of their opinions and conduct, and curio-
sity was alive to discover their author. They were gene-
rally attributed to Governor Livingston and to Mr. Jay,
and these distinguished men gained from them, for a time,
increased celebrity; but when, on the inquiry to which of
these two individuals the public were indebted for this
great service, the author was ascertained to be Alexander
Hamilton, a youth about eighteen, but recently admitted to
college, and new to the country, admiration of the works
was lost in surprise at the discovery. By many it was
doubted. "I remember," says Colonel Troup, "that in a
conversation I once had with Doctor Cooper about the an-
swer, he insisted that Mr. Jay must be the author of it, it
being absurd to imagine that so young a man as Hamilton
could have written it;" and the positive assertions of Troup
and Mulligan, to whom parts of it had been read in the
progress of composition, seemed hardly sufficient to dispel
the doubt. *
Signal distinction followed the disclosure. Hamilton
was at once regarded as a prodigy of intellect: -- anxious
inquiries poured in from the other colonies. "Sir," said
the gallant Willet, " Sears was a warm man, but with little
reflection; McDougal was strong-minded, and Jay appear-
ing to fall in with the measures of Sears, tempered and
controlled them; but Hamilton, after these great writings,
became our oracle;" and from being known in New-York
as the eloquent collegian, he was distinguished in the pub-
lic press by the appellation of "The Vindicator of Con-
gress. "
When the vigour and terseness of style, the mass of in-
* The importance of gaining such an adversary, was felt by the friends of
the crown; and it is related by a cotemporary of his, now living, that a most
liberal offer was tendered to Hamilton by Dr. Cooper, if he would consent to
write in behalf of the ministry. It is unnecessary to add, that it was rejected.
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? 38 THE LIFE or
formation, the closeness of reasoning, the happy exposition
of the weak points of his antagonist, the clear perception
of the principles of political liberty which the American
revolution has rendered familiar, and chiefly the compre-
hensive and prophetic view which is taken of the great
questions then discussed, and which involved not less the
destinies of the British empire, than of all others, are con-
sidered, these pamphlets will be admitted to possess merits
of which the most practised statesman might be proud, and
when regarded as the productions of such a youth, are un-
rivalled.
The latter of these publications appeared in February,
seventeen hundred and seventy-five, at that gloomy period of
suspense when every eye was directed to England, waiting
the result of the proceedings of the late congress, and when
not a ray of relief broke upon the view. The rejection of
Lord Chatham's conciliatory bill, which was soon after
known, dissipated every remaining hope of peaceable re-
dress.
In New-York, the ministerial party maintained their as-
cendency in the assembly, although not without a severe
and persevering conflict. Not daring longer to defend the
measures of the ministry, they sought by holding out the
prospect of a favourable answer to their petitions, and by
assuring to their constituents a special exemption from the
common calamity, to quiet the minds and paralyze the
efforts of the people. The opposition in this body was still
led by two men of the most determined resolution, -- Phi-
lip Schuyler and George Clinton, -- who, together with
John Jay, were the leading patriots of New-York; and
when the importance of the concurrence of this province,
and the embarrassments with which it was surrounded, are
taken into view, contending, at the same time, with the
whole influence of the ministry, with the power of the co-
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? HAMILTON. 39
lonial government, adroitly exercised, with a large body of
its wealthy proprietors actively co-operating with the timid
portion of the mercantile community, amid a divided popu-
lation and distracted councils, it is difficult to measure the
value of their services.
The first of these, Colonel Schuyler, had been a partizan
officer in the war of seventeen hundred and fifty-six. By
his fertility of resource and unyielding energy, he rendered
distinguished services to the British commander,* who fell,
lamented, by his side, and to him the honour of his inter-
ment was confided. Descended from one of the early
Dutch settlers of this province, the influence and respecta-
bility of whose family had been transmitted through suc-
cessive generations, he exercised an almost unrivalled sway
over the minds of the descendants of a people, whose first
mention in history, as a distinct political community, is as-
sociated with the assertion of their liberties.
Possessed of great wealth, he embarked it in the contest,
as a pledge of his patriotism, and, in the course of the re-
volution, sacrificed as much of fortune and of feeling, as any
other individual in America.
Party to the most secret councils of the continent, he had
staked every thing on the issue of the conflict, and had ac-
quired a weight of influence which led both Virginia and
Massachusetts to regard him as the connecting link in the
great purposes at which they aimed. "On the shoulders
of this great man," said Judge Benson, "the conduct of
New-York rested. "
Hislove of fame was less than his love of country; and
when the misadventures of some robbed him of the glory
to which he was entitled, and while artifice withheld from
him an opportunity of vindication, he is not seen indulging
in invidious comments on the successes of others, but con-
* Lord Howe.
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? 40 THE LIFE OF
tinuing within the sphere of his great influence and resour-
ces, to advance the cause of his early preference. Thus,
his strength of character sustained him when other men
sink, and his adversity gave him more true honour than he
could have derived from success. * Sullied by no private
vices, and misled by no small passions, his path through life
was high, unspotted, equal; and he died with a reputation,
which those who knew and followed him, have contended
to perpetuate. ,
Sprung from a family of Irish descent, which counted
among their ancestry a gallant officer of the cavaliers who
fell with Charles the First, -- George Clinton, in a nobler
cause, displayed all the perseverance and courage of his
blood.
In early youth he broke from the thrall of parental au-
thority, and exchanged for his father's house, a birth on
board of a privateer, in which he made a cruise during the
French war. He is next seen in service with his father
and brother, in an attack which resulted in the capture of
Frontignac. He then became a lawyer, and was placed
soon after in that sphere in which he was the associate
of Schuyler, in opposition to the influence of the crown.
Transferred by the popular choice to the continental con-
gress, he took part in the measures of 1775 and 1776, and
on the formation of the constitution of the state of New-
York, was chosen its governor, and filled that station during
a period of eighteen years. On the first call to arms, he
was appointed a brigadier general, and during the most
trying years of the war commanded in the Highlands,
and held the keys of that natural citadel. In intrepidity,
* "I hope," said Mr. Jay, "you will seriously determine to serve your
country, at least in a legislative capacity. Class yourself with those great men
of antiquity, who, unmoved by the ingratitude of their country, omitted no op-
portunities of promoting the public weal. " -- 12th February, 1778.
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? HAMILTON. 41
perseverance, and love of liberty, he was not less distin-
guished than his great compatriot; but in the modes of at-
taining their objects, and in their political views, they were
most unlike. By Schuyler, the declaration of independ-
ence was regarded but as the first step toward the creation
of a great nation, pledged to the principles which that in-
strument proclaimed. With Clinton, the love of liberty
was a fiercer passion.
In Schuyler, it was a principle of high benevolence, en-
larging with the sphere of action. With Clinton, it was a
jealousy of power, contracting and deforming the object of
his adoration. The one, conscious of his own imperfec-
tions, regarded mankind with a kindred feeling, as full of
weaknesses from which they were to be protected. The
other, with a profound knowledge of human nature, and
consummate talents for popularity, looked more to the pas-
sions of men, as a field from which could be gathered a
store of influence for his own advancement. The one aided
in building up the constitution of the United States on the
basis of a firm and perpetual union. The other, had he
prevailed, would have doomed them to perpetual anarchy.
