Secondly, the inequality which would have
arisen in the different states when the officers came to com-
pare, (as has happened in other cases.
arisen in the different states when the officers came to com-
pare, (as has happened in other cases.
Hamilton - 1834 - Life on Hamilton - v2
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THE LIFE OF
CHAPTER XVIII.
[1783. ]
The necessity felt by the friends of the public faith of
availing themselves of the army discontents, much 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 from the war.
It will be remembered that the half-pay was established
in seventeen hundred and eighty, by a congress elected
before the articles of the confederation had gone into ope-
ration, while they were exercising all the large powers
which, in the early exigencies of the country, had been
conferred upon them, 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, all the engagements of the previous con-
gresses were sanctioned as a charge against the United
States, " for the payment 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 instrumental in
framing 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
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? 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 measure 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
explicit public engagement, to an army which had by that
engagement alone been saved from 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 complete
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 some of them 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 army on the fif-
teenth of March, one expressed 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 established for their pay-
ment. "
The terms of this resolution had given great embarrass-
ment. The committee of which Hamilton was chairman,
requested him to communicate their difficulties to the com-
mander-in-chief, and to ask his private opinion, which ha
* A formal protest signed by Samuel Adams was presented to congress,
in which it is to be remarked, that this provision for the army is assigned as
one of the reasons for refusing the impost.
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THE LIFE OF
thus did:--" The army, by their resolutions, express an
expectation that congress will not disband them previous
to a settlement of accounts and the establishment 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 determine that the army
shall be continued in service till the states grant them,
would be to determine 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 claims and jealousies of the states, and increase
rather than lessen the opposition to the funding scheme.
It is also observed that the longer the army is kept together,
the more the payment of past dues is procrastinated; the
abilities of the states being exhausted for their immediate
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 line, being on
the spot, might, by their own solicitations and those of their
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 following reso-
lution :--' That the commander-in-chief be informed, it is
the intention of congress to effect the settlement of the
accounts of the respective lines 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 settlement. '
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? HAMILTON.
157
"The scope of this, your excellency will perceive with-
out comment. I am to request you will favour me 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 army
expect they will not be disbanded till accounts are settled
and funds established; on the other hand, they have no
constitutional power of doing any thing more than to
recommend funds, and are persuaded that these will
meet with mountains of prejudice in some of the states.
A considerable progress has been made in a plan for
funding the public debt, and it is to be hoped it will 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 engagement.
"SIB,
"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 America.
"I sincerely wish ingratitude was not so natural to the
human 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
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? 158 TIIE LIFE OF
of duty, I cannot, as an honest man, conceal from you that
I am afraid their distrusts have too much foundation. Re-
publican 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 them with reluc-
tance. I see this temper, though smothered with great
care, involuntarily breaking out upon too many occasions.
I often feel a mortification which it would be impolitic to
express, that sets my passions at variance with my reason.
Too many, I 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 prevailing 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.
f I make these observations, not that I imagine your ex-
cellency can want motives to continue your influence in
the path of moderation, but merely to show why I cannot
myself 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 system.
"Your excellency will perceive I have written with
sensations of chagrin, and will make allowance for colour-
ing, but the general picture is too true. God send us all
more wisdom. "
Washington replied on the fourth of April:--
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? HAMILTON.
150
"dear sir,
"The same post which gave me your two letters of the
twenty-fifth of March, handed me one from Colonel Bland
on the same point.
"Observing that both have been written at the desire
of a committee of which you are both members, I have
made a very full reply to their 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 him 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 mind in this
army; 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 come to for disbanding or separating
the lines till the accounts are liquidated. You may rely
upon it, sir, that unhappy consequences would follow the
attempt. 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 most unfavourable ideas of the rectitude
of congress; whether well or ill-founded matters not, the
consequences will be the same.
"I will now, in strict confidence, mention a matter which
may be useful for you to be informed of. It is, that some
men (and leading ones too) in this army are beginning to
entertain suspicions that congress, or some members of it,
regardless of the past sufferings and present distress--mau-
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? 160
THE LIFE OP
gre the justice which is due to them--and the return which
a grateful people should make to men who certainly have
contributed more than any other class to the establishment
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 army and all its interests.
"I have two reasons for mentioning this matter to you.
The one is, that the army (considering the irritable state
it is in, its sufferings and composition) 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 might 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 time that it
would increase the present discontents. Upon the whole,
disband the army 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 from the country to it. I am, with great re-
gard, dear sir, your most obedient servant. "
Hamilton 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 member of the committee, has been
read in committee 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 them have some
pay, had also appeared to me indispensable. The expec-
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? HAMILTON.
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 will
be difficulty, but not, we hope, insurmountable. 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 themselves. The gentlemen who
were here from the army, General McDougall who is still
here, will 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 them. There are two
classes of men, 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 army and other public creditors.
The advocates for continental funds have blended the in-
terests of the army with other creditors, from a convic-
tion that no funds for partial purposes will 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 moment, would have the necessary sta-
bility; for the influence of those unprovided for would al-
ways militate against a provision for others, in exclusion
of them. It is in vain to tell men who have parted with
a large part of their property on the public faith, that the
services of the army are entitled to a preference. They
would reason from their interest and their feelings: these
would tell them that they had as great a title as any other
class of the community to public justice, and that while
21
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? 162
THE LIFE OF
this was denied to them, it would be unreasonable to make
them bear their part of a burden for the benefit of others.
This is the way they would reason, and as their influence
in some 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 public 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 telling us, in plain terms, she
could not even do as much as she had done; individuals in
Holland, and every where else, refusing to part with their
money on the precarious tenure of the mere 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 made to restore public credit; it was necessary
to combine all the motives to this end, that could operate
upon different descriptions of persons in the different
stales. The necessity and discontents of the army pre-
sented themselves as a powerful engine. But, sir, these
gentlemen would be puzzled to support their insinuations
by a single fact. It was indeed proposed to appropriate
the intended impost on trade to the army 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
most 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
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? HAMILTON.
163
explanation of his conduct He had been for some time
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 making a very slow progress; he found
himself pressed on all hands for supplies; he found himself,
in short, reduced to this alternative--either of making en-
gagements which he could not fulfil, or declaring his resig-
nation in case funds were not established by a given time.
Had he followed the first course, the bubble must soon
have burst; he must 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 might increase the embarrassments of
the moment, but the necessity of the case, it was to be
hoped, would produce the proper measures, and he might
then resume the direction of the machine with advantage
and success. He also had some hope that his resignation
would prove a stimulus to congress. He was, however,
ill 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 well-meaning men into the cry
against him. But Mr. Morris certainly deserves a great
deal from 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 administration has been upright as well
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
second actor in this business.
"The matter with respect to the army, which has occa-
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? 164
THE LIFE OF
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 commutation as
they should think proper; thcother, for making the com-
mutation by congress, and funding it on continental secu-
rity. I was of this last opinion, and so were all those who
will be represented as having made 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 make the commutation far short of
an equivalent.
Secondly, the inequality which would have
arisen in the different states when the officers came 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 system, by which
the ties between congress and the army have been
nearly dissolved--by which the resources of the states
have been diverted from the common 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 my honour, sir,
I have given you a candid statement of facts to the best
of my judgment. The men against whom the suspicions
you mention must be directed, are in general the most sen-
sible, the most liberal, 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 shall ask your excellency's opinion at large on a proper
military peace establishment.
"We at this moment learn an officer is arrived from
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? HAMILTON.
165
Sir Guy Carleton with despatches; probably official ac-
counts of peace. "
From this letter may be seen the delicate and embar-
rassing position in which Hamilton was placed. Com-
pelled by a high sense of duty, and by his comprehensive
views of the public interest, to oppose those feeble and
partial measures 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, from considerations of policy, he would par-
ticipate in schemes 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, them
peculiarly demanded of him, and which his deep distrust
of the purposes of congress increased, to use every proper
mean to enforce their claims, and almost to sanction a
line of conduct which was so necessary, and yet so full of
jeopardy, he unjustly incurred the deeper and more dan-
gerous suspicion of being accessary to an excitement
which, once aroused, might disregard all control, and in-
volve every interest, civil and military, in one common ruin.
Under these circumstances he followed the dictates of a
lofty intellect, and with the fullest confidence in the patri-
otism of his fellow-soldiers, and with a firm belief that the
dangers of military insubordination were exaggerated, he
adhered to his determination never to relinquish the de-
mands 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
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? 106
THE LIFE OF
(with several others) accompanied it. Possibly I did not
on that occasion express myself, in what I intended as a
hint, with so much perspicuity as I ought. Possibly, too,
what I then dropped might have conveyed more than I
intended, for I do not at this time recollect the force of
my expression.
"My meaning, however, was only to inform (you) that
there were different sentiments 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 payment; and that, if an
idea should prevail generally that congress, or part of its
members or ministers, bent upon the latter, should delay
doing them justice, or hazard it in pursuit of their favour-
ite object, it might 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 themselves had in view
by endeavouring to involve the army. For these reasons
I said, or meant to say, the army was a dangerous engine
to work with, as it might be made to cut both ways, and,
considering the sufferings of it, would more than probably
throw its weight into that scale which seemed most likely
to preponderate towards its immediate relief, without look-
ing forward (under the pressure of present wants) to future
consequences with the eyes of politicians. In this light,
also, I meant to apply my 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 army 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 man, perhaps,
has had better opportunities to see and to feel the pernicious
tendency of the latter than I have, and I endeavour (I
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? HA MILTON.
167
hope not altogether ineffectually) to inculcate them upon
the officers of the 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 will be recommended to their respective states for
payment. Justice must be done them. I should do in-
justice to report, and what I believe to be the^opinion of
the army, were I not to inform you that they consider you
as a friend zealous to serve them, and one who has espoused
their interests in congress upon every proper occasion. It
is to be wished, as I observed in iiry. letter to Colonel Bland,
that congress would send a committee to the army with
plenipo. powers. The matters requested of me in your
letter of the , as chairman of a committee, and many
other things, might then be brought to a close with more
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 miles, which takes our expresses a week
at least to go and come. At this moment, being without
any instructions from congress, I am under great embar-
rassment with respect to the soldiers for the war, and shall
be obliged more than probably, from the necessity of the
case, to exercise my own judgment, without waiting for
orders as to the discharge of them. If I should adopt
measures which events may approve, all will be well; if
otherwise, why and by what authority did you do so?
"How far a strong recommendation from congress to
observe all the articles of peace, as well as the * may
imply a suspicion of good faith in the people of this country,
I pretend not to judge; but I am much mistaken if some-
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.
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? 1G8
THE LIFE OF
not find a man who, when pushed, will not acknowledge
that upon the whole it is a more advantageous peace than
we could possibly have expected. I am, dear air, with
great esteem and regard,
"G. W. "
The preliminary articles of the treaty with Great Britain
were ratified on the fifteenth of April. * Immediately after
this act, on the same day, instructions were given to the
agent of marine to discharge the naval prisoners, and
Washington was authorized to make the proper arrange-
ments with the commander-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 motion was made to exclude Washington from any
participation in the restoration of the prisoners, but it did
not prevail.
Notwithstanding his strenuous exertions to establish 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
enemy, and would also deprive the United States of the
power of making their restoration an equivalent for the
surrender of the posts.
It was important, therefore, to ascertain the construction
of the treaty by the British commander. Should he de-
termine to retain the posts, the United States would be
justified in retaining the prisoners. With this view, on the
* 1 Mad. 454, mentions a motion of "Hamilton to insert, in a definitive
treaty, a mutual stipulation not to keep a naval force on the lakes. "
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? 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 alone. I will explain to you some doubts which
have arisen in congress with regard to the true construc-
tion of the provisional treaty, which may 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 hostilities, &c. ,
to depend on that event, to wit: the ratification of the 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 the letter of the provisional articles;* the former
most agreeable to the usual practice of nations, for hostili-
ties commonly cease on the ratification of the preliminary
treaty. There is a great diversity of opinion in congress.
It will be in my opinion advisable, at the same time that
we do not communicate our doubts to the British, to extract
their sense of the matter from them.
This may be done by asking them at what period they
are willing to stipulate the surrender of posts, at the same
time that they are asked, in what manner it will be most
* 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 ratification.
22
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? 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 will then arise,
whether, on principles of humanity, economy, and liber-
ality, we ought not to restore the prisoners at all events,
without delay. Much may be said on both sides. I doubt
the expedience of a total restoration of prisoners, till they
are willing 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 view to
enable him to exercise a discretion as to the execution of
the seventh article, dependent on the British construction,
Hamilton on the following day proposed to modify these
instructions so as to authorize him to enter into prepara-
tory arrangements relative to it; but though a majority of the
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 April, 1783. ,
DEAR SIR,
I did not receive your letter of the 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.
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? HAMILTON.
to observe with the prisoners, I requested, in precise terms,
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 well as mode of releasing them,
or was to be confined to the latter; being informed 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 army
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-
tually 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 obliged 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 amounts to seven-elevenths of this
army; these we shall lose at the moment the British army
will 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 sentiment; but
since they have been adopted, we ought, in my opinion, to
put a good face upon matters, and by a liberal conduct
throughout, on our part, freed from appearances of dis-
trust, try if we cannot excite similar dispositions on theirs.
Indeed, circumstanced as things now are, I wish most fer-
vently that all the troops which are not retained for a
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THE LIFE OF
peace establishment 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
claims, I can plainly perceive, will increase and our perplex-
ities multiply. A petition is this moment handed to me
from the non-commissioned officers of the Connecticut
line, soliciting their pay. It is well drawn, I am told, but
I did not read it. I sent it back without appearing to un-
derstand the contents, because it did not come through the
channel of their officers. This may 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, I
believe he had not more friends any where. But if he
will neither adopt the mode which has been suggested,
point out any other, nor show cause why the first is im-
practicable or impolitic, (I have heard he objects to it,) they
will certainly attribute their disappointment to a lukewarm-
ness in him, or some design incompatible with their inter-
ests. And here, my dear Colonel Hamilton, let me assure
you that it would not be more difficult to still the raging
billows in a tempestuous gale, than to convince the officers
of this army of the justice or policy of paying men in civil
offices full wages, when they cannot obtain a sixtieth part of
their dues. I am not unapprised of the arguments 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
same inconveniences to obtain them; otherwise, to adopt
, the language of simplicity 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.
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? HAMILTON. 173
My anxiety to get home increases with the prospect
of it; but when is it to happen 1--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 promised to the army.
Do not these things evince the necessity of a committee's
repairing to camp, in order to arrange and adjust matters,
without spending time in a tedious exchange of letters.
Unless something of this kind is adopted, business will be
delayed and expenses accumulated; or the army will
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, all 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 my
anxious desire of enjoying some 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 him success with all
my heart.
The day after this letter was written, congress declared
that the time of the men engaged to serve during the war,
did not expire until the ratification of the definitive treaty.
As chairman of the committee for peace arrangements,
the duty devolved upon Hamilton of directing the imme-
diate discharge of the naval prisoners, the detention of
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THE LIFE OF
whom 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 him the formation
of a plan for a national marine, in pursuance of the
opinions expressed in "The Continentalist," that, as "a
commercial 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 establishment 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 study of finance. Having
previously perused the earlier writers, he now entered
upon a deliberate examination of the political economy of
Adam Smith, and wrote, while a member 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 motion of Madison, a
proposition was made reasserting this principle, but omit-
ting the provision contained in Hamilton's resolution, that
these funds should be " collected by congress. "] 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.
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THE LIFE OF
CHAPTER XVIII.
[1783. ]
The necessity felt by the friends of the public faith of
availing themselves of the army discontents, much 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 from the war.
It will be remembered that the half-pay was established
in seventeen hundred and eighty, by a congress elected
before the articles of the confederation had gone into ope-
ration, while they were exercising all the large powers
which, in the early exigencies of the country, had been
conferred upon them, 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, all the engagements of the previous con-
gresses were sanctioned as a charge against the United
States, " for the payment 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 instrumental in
framing 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
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? 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 measure 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
explicit public engagement, to an army which had by that
engagement alone been saved from 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 complete
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 some of them 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 army on the fif-
teenth of March, one expressed 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 established for their pay-
ment. "
The terms of this resolution had given great embarrass-
ment. The committee of which Hamilton was chairman,
requested him to communicate their difficulties to the com-
mander-in-chief, and to ask his private opinion, which ha
* A formal protest signed by Samuel Adams was presented to congress,
in which it is to be remarked, that this provision for the army is assigned as
one of the reasons for refusing the impost.
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THE LIFE OF
thus did:--" The army, by their resolutions, express an
expectation that congress will not disband them previous
to a settlement of accounts and the establishment 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 determine that the army
shall be continued in service till the states grant them,
would be to determine 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 claims and jealousies of the states, and increase
rather than lessen the opposition to the funding scheme.
It is also observed that the longer the army is kept together,
the more the payment of past dues is procrastinated; the
abilities of the states being exhausted for their immediate
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 line, being on
the spot, might, by their own solicitations and those of their
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 following reso-
lution :--' That the commander-in-chief be informed, it is
the intention of congress to effect the settlement of the
accounts of the respective lines 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 settlement. '
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? HAMILTON.
157
"The scope of this, your excellency will perceive with-
out comment. I am to request you will favour me 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 army
expect they will not be disbanded till accounts are settled
and funds established; on the other hand, they have no
constitutional power of doing any thing more than to
recommend funds, and are persuaded that these will
meet with mountains of prejudice in some of the states.
A considerable progress has been made in a plan for
funding the public debt, and it is to be hoped it will 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 engagement.
"SIB,
"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 America.
"I sincerely wish ingratitude was not so natural to the
human 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
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? 158 TIIE LIFE OF
of duty, I cannot, as an honest man, conceal from you that
I am afraid their distrusts have too much foundation. Re-
publican 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 them with reluc-
tance. I see this temper, though smothered with great
care, involuntarily breaking out upon too many occasions.
I often feel a mortification which it would be impolitic to
express, that sets my passions at variance with my reason.
Too many, I 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 prevailing 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.
f I make these observations, not that I imagine your ex-
cellency can want motives to continue your influence in
the path of moderation, but merely to show why I cannot
myself 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 system.
"Your excellency will perceive I have written with
sensations of chagrin, and will make allowance for colour-
ing, but the general picture is too true. God send us all
more wisdom. "
Washington replied on the fourth of April:--
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? HAMILTON.
150
"dear sir,
"The same post which gave me your two letters of the
twenty-fifth of March, handed me one from Colonel Bland
on the same point.
"Observing that both have been written at the desire
of a committee of which you are both members, I have
made a very full reply to their 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 him 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 mind in this
army; 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 come to for disbanding or separating
the lines till the accounts are liquidated. You may rely
upon it, sir, that unhappy consequences would follow the
attempt. 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 most unfavourable ideas of the rectitude
of congress; whether well or ill-founded matters not, the
consequences will be the same.
"I will now, in strict confidence, mention a matter which
may be useful for you to be informed of. It is, that some
men (and leading ones too) in this army are beginning to
entertain suspicions that congress, or some members of it,
regardless of the past sufferings and present distress--mau-
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THE LIFE OP
gre the justice which is due to them--and the return which
a grateful people should make to men who certainly have
contributed more than any other class to the establishment
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 army and all its interests.
"I have two reasons for mentioning this matter to you.
The one is, that the army (considering the irritable state
it is in, its sufferings and composition) 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 might 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 time that it
would increase the present discontents. Upon the whole,
disband the army 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 from the country to it. I am, with great re-
gard, dear sir, your most obedient servant. "
Hamilton 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 member of the committee, has been
read in committee 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 them have some
pay, had also appeared to me indispensable. The expec-
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? HAMILTON.
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 will
be difficulty, but not, we hope, insurmountable. 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 themselves. The gentlemen who
were here from the army, General McDougall who is still
here, will 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 them. There are two
classes of men, 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 army and other public creditors.
The advocates for continental funds have blended the in-
terests of the army with other creditors, from a convic-
tion that no funds for partial purposes will 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 moment, would have the necessary sta-
bility; for the influence of those unprovided for would al-
ways militate against a provision for others, in exclusion
of them. It is in vain to tell men who have parted with
a large part of their property on the public faith, that the
services of the army are entitled to a preference. They
would reason from their interest and their feelings: these
would tell them that they had as great a title as any other
class of the community to public justice, and that while
21
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? 162
THE LIFE OF
this was denied to them, it would be unreasonable to make
them bear their part of a burden for the benefit of others.
This is the way they would reason, and as their influence
in some 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 public 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 telling us, in plain terms, she
could not even do as much as she had done; individuals in
Holland, and every where else, refusing to part with their
money on the precarious tenure of the mere 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 made to restore public credit; it was necessary
to combine all the motives to this end, that could operate
upon different descriptions of persons in the different
stales. The necessity and discontents of the army pre-
sented themselves as a powerful engine. But, sir, these
gentlemen would be puzzled to support their insinuations
by a single fact. It was indeed proposed to appropriate
the intended impost on trade to the army 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
most 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
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? HAMILTON.
163
explanation of his conduct He had been for some time
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 making a very slow progress; he found
himself pressed on all hands for supplies; he found himself,
in short, reduced to this alternative--either of making en-
gagements which he could not fulfil, or declaring his resig-
nation in case funds were not established by a given time.
Had he followed the first course, the bubble must soon
have burst; he must 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 might increase the embarrassments of
the moment, but the necessity of the case, it was to be
hoped, would produce the proper measures, and he might
then resume the direction of the machine with advantage
and success. He also had some hope that his resignation
would prove a stimulus to congress. He was, however,
ill 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 well-meaning men into the cry
against him. But Mr. Morris certainly deserves a great
deal from 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 administration has been upright as well
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
second actor in this business.
"The matter with respect to the army, which has occa-
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THE LIFE OF
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 commutation as
they should think proper; thcother, for making the com-
mutation by congress, and funding it on continental secu-
rity. I was of this last opinion, and so were all those who
will be represented as having made 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 make the commutation far short of
an equivalent.
Secondly, the inequality which would have
arisen in the different states when the officers came 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 system, by which
the ties between congress and the army have been
nearly dissolved--by which the resources of the states
have been diverted from the common 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 my honour, sir,
I have given you a candid statement of facts to the best
of my judgment. The men against whom the suspicions
you mention must be directed, are in general the most sen-
sible, the most liberal, 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 shall ask your excellency's opinion at large on a proper
military peace establishment.
"We at this moment learn an officer is arrived from
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? HAMILTON.
165
Sir Guy Carleton with despatches; probably official ac-
counts of peace. "
From this letter may be seen the delicate and embar-
rassing position in which Hamilton was placed. Com-
pelled by a high sense of duty, and by his comprehensive
views of the public interest, to oppose those feeble and
partial measures 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, from considerations of policy, he would par-
ticipate in schemes 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, them
peculiarly demanded of him, and which his deep distrust
of the purposes of congress increased, to use every proper
mean to enforce their claims, and almost to sanction a
line of conduct which was so necessary, and yet so full of
jeopardy, he unjustly incurred the deeper and more dan-
gerous suspicion of being accessary to an excitement
which, once aroused, might disregard all control, and in-
volve every interest, civil and military, in one common ruin.
Under these circumstances he followed the dictates of a
lofty intellect, and with the fullest confidence in the patri-
otism of his fellow-soldiers, and with a firm belief that the
dangers of military insubordination were exaggerated, he
adhered to his determination never to relinquish the de-
mands 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
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THE LIFE OF
(with several others) accompanied it. Possibly I did not
on that occasion express myself, in what I intended as a
hint, with so much perspicuity as I ought. Possibly, too,
what I then dropped might have conveyed more than I
intended, for I do not at this time recollect the force of
my expression.
"My meaning, however, was only to inform (you) that
there were different sentiments 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 payment; and that, if an
idea should prevail generally that congress, or part of its
members or ministers, bent upon the latter, should delay
doing them justice, or hazard it in pursuit of their favour-
ite object, it might 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 themselves had in view
by endeavouring to involve the army. For these reasons
I said, or meant to say, the army was a dangerous engine
to work with, as it might be made to cut both ways, and,
considering the sufferings of it, would more than probably
throw its weight into that scale which seemed most likely
to preponderate towards its immediate relief, without look-
ing forward (under the pressure of present wants) to future
consequences with the eyes of politicians. In this light,
also, I meant to apply my 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 army 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 man, perhaps,
has had better opportunities to see and to feel the pernicious
tendency of the latter than I have, and I endeavour (I
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? HA MILTON.
167
hope not altogether ineffectually) to inculcate them upon
the officers of the 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 will be recommended to their respective states for
payment. Justice must be done them. I should do in-
justice to report, and what I believe to be the^opinion of
the army, were I not to inform you that they consider you
as a friend zealous to serve them, and one who has espoused
their interests in congress upon every proper occasion. It
is to be wished, as I observed in iiry. letter to Colonel Bland,
that congress would send a committee to the army with
plenipo. powers. The matters requested of me in your
letter of the , as chairman of a committee, and many
other things, might then be brought to a close with more
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 miles, which takes our expresses a week
at least to go and come. At this moment, being without
any instructions from congress, I am under great embar-
rassment with respect to the soldiers for the war, and shall
be obliged more than probably, from the necessity of the
case, to exercise my own judgment, without waiting for
orders as to the discharge of them. If I should adopt
measures which events may approve, all will be well; if
otherwise, why and by what authority did you do so?
"How far a strong recommendation from congress to
observe all the articles of peace, as well as the * may
imply a suspicion of good faith in the people of this country,
I pretend not to judge; but I am much mistaken if some-
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.
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THE LIFE OF
not find a man who, when pushed, will not acknowledge
that upon the whole it is a more advantageous peace than
we could possibly have expected. I am, dear air, with
great esteem and regard,
"G. W. "
The preliminary articles of the treaty with Great Britain
were ratified on the fifteenth of April. * Immediately after
this act, on the same day, instructions were given to the
agent of marine to discharge the naval prisoners, and
Washington was authorized to make the proper arrange-
ments with the commander-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 motion was made to exclude Washington from any
participation in the restoration of the prisoners, but it did
not prevail.
Notwithstanding his strenuous exertions to establish 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
enemy, and would also deprive the United States of the
power of making their restoration an equivalent for the
surrender of the posts.
It was important, therefore, to ascertain the construction
of the treaty by the British commander. Should he de-
termine to retain the posts, the United States would be
justified in retaining the prisoners. With this view, on the
* 1 Mad. 454, mentions a motion of "Hamilton to insert, in a definitive
treaty, a mutual stipulation not to keep a naval force on the lakes. "
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? 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 alone. I will explain to you some doubts which
have arisen in congress with regard to the true construc-
tion of the provisional treaty, which may 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 hostilities, &c. ,
to depend on that event, to wit: the ratification of the 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 the letter of the provisional articles;* the former
most agreeable to the usual practice of nations, for hostili-
ties commonly cease on the ratification of the preliminary
treaty. There is a great diversity of opinion in congress.
It will be in my opinion advisable, at the same time that
we do not communicate our doubts to the British, to extract
their sense of the matter from them.
This may be done by asking them at what period they
are willing to stipulate the surrender of posts, at the same
time that they are asked, in what manner it will be most
* 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 ratification.
22
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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 will then arise,
whether, on principles of humanity, economy, and liber-
ality, we ought not to restore the prisoners at all events,
without delay. Much may be said on both sides. I doubt
the expedience of a total restoration of prisoners, till they
are willing 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 view to
enable him to exercise a discretion as to the execution of
the seventh article, dependent on the British construction,
Hamilton on the following day proposed to modify these
instructions so as to authorize him to enter into prepara-
tory arrangements relative to it; but though a majority of the
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 April, 1783. ,
DEAR SIR,
I did not receive your letter of the 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.
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? HAMILTON.
to observe with the prisoners, I requested, in precise terms,
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 well as mode of releasing them,
or was to be confined to the latter; being informed 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 army
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-
tually 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 obliged 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 amounts to seven-elevenths of this
army; these we shall lose at the moment the British army
will 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 sentiment; but
since they have been adopted, we ought, in my opinion, to
put a good face upon matters, and by a liberal conduct
throughout, on our part, freed from appearances of dis-
trust, try if we cannot excite similar dispositions on theirs.
Indeed, circumstanced as things now are, I wish most fer-
vently that all the troops which are not retained for a
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THE LIFE OF
peace establishment 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
claims, I can plainly perceive, will increase and our perplex-
ities multiply. A petition is this moment handed to me
from the non-commissioned officers of the Connecticut
line, soliciting their pay. It is well drawn, I am told, but
I did not read it. I sent it back without appearing to un-
derstand the contents, because it did not come through the
channel of their officers. This may 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, I
believe he had not more friends any where. But if he
will neither adopt the mode which has been suggested,
point out any other, nor show cause why the first is im-
practicable or impolitic, (I have heard he objects to it,) they
will certainly attribute their disappointment to a lukewarm-
ness in him, or some design incompatible with their inter-
ests. And here, my dear Colonel Hamilton, let me assure
you that it would not be more difficult to still the raging
billows in a tempestuous gale, than to convince the officers
of this army of the justice or policy of paying men in civil
offices full wages, when they cannot obtain a sixtieth part of
their dues. I am not unapprised of the arguments 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
same inconveniences to obtain them; otherwise, to adopt
, the language of simplicity 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.
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? HAMILTON. 173
My anxiety to get home increases with the prospect
of it; but when is it to happen 1--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 promised to the army.
Do not these things evince the necessity of a committee's
repairing to camp, in order to arrange and adjust matters,
without spending time in a tedious exchange of letters.
Unless something of this kind is adopted, business will be
delayed and expenses accumulated; or the army will
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, all 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 my
anxious desire of enjoying some 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 him success with all
my heart.
The day after this letter was written, congress declared
that the time of the men engaged to serve during the war,
did not expire until the ratification of the definitive treaty.
As chairman of the committee for peace arrangements,
the duty devolved upon Hamilton of directing the imme-
diate discharge of the naval prisoners, the detention of
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THE LIFE OF
whom 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 him the formation
of a plan for a national marine, in pursuance of the
opinions expressed in "The Continentalist," that, as "a
commercial 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 establishment 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 study of finance. Having
previously perused the earlier writers, he now entered
upon a deliberate examination of the political economy of
Adam Smith, and wrote, while a member 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 motion of Madison, a
proposition was made reasserting this principle, but omit-
ting the provision contained in Hamilton's resolution, that
these funds should be " collected by congress. "] 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.
