"
Such declarations from such a source, could only have
been intended to excite prejudices against whatever plan
should be proposed by the convention.
Such declarations from such a source, could only have
been intended to excite prejudices against whatever plan
should be proposed by the convention.
Hamilton - 1834 - Life on Hamilton - v2
Many of them, as drawn
from the best writers on government, are become self-
evident principles. But I doubt the propriety of his appli-
cation of those principles in the present discussion. He
deduces from them the necessity that states entering into
a confederacy must retain the equality of votes. This po-
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? 520
THE LIFE OF
sition cannot be correct. Facts contradict it. The par-
liament of Great Britain asserted a supremacy over the
whole empire, and the celebrated Judge Blackstone labours
for the legality of it, although many parts were not repre-
sented. This parliamentary power we opposed as con-
trary to our colonial rights. With that exception, through-
out that whole empire it is submitted to.
"May no"t the smaller and greater states so modify their
respective rights as to establish the general interest of the
whole without adhering to the right of equality? Strict
representation is not observed in any of the state govern-
ments. The senate of New-York are chosen by persons
of certain qualifications to the exclusion of others.
"The question after all is--Is it our interest, in modify-
ing this general government, to sacrifice individual rights
to the preservation of the rights of an artificial being, called
states? There can be no truer principle than this--That
every individual of the community at large has an equal rigid
to the protection of government. If, therefore, three states
contain a majority of the inhabitants of America, ought they
to be governed by a minority? Would the inhabitants of
the great states ever submit to this? If the smaller states
maintain this principle through a love of power, will not
the larger, from the same motives, be equally tenacious to
preserve their power? They are to surrender their rights
--for what 1 For the preservation of an artificial being.
We propose a free government. Can it be so, if partial
distinctions are maintained?
"I agree with the gentleman from Delaware, that if the
state governments are to act in the general government, it
affords the strongest reason for exclusion. In the state
of New-York five counties form a majority of representa-
tives, and yet the government is in no danger, because the
laws have a general operation. The small states exagger-
ate their danger, and on this ground contend for an undue
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? HAMILTON.
proportion of power. But their danger is increased if the
larger states will not submit to it. Where will they form
new alliances for their support? Will they do this with
foreign powers? Foreigners are jealous of our increasing
greatness, and would rejoice in our distractions. Those
who have had opportunities of conversing with foreigners
respecting sovereigns in Europe, have discovered in them
an anxiety for the preservation of our democratic gov-
ernments, probably for no other reason but to keep us
weak. Unless your government is respectable, foreigners
will invade your rights--and to maintain tranquillity, it
must be respectable. Even to observe neutrality you must
have a strong government.
"I confess our present situation is critical. We have just
finished a war which has established our independence, and
loaded us with a heavy debt. We have still every motive
to unite for our common defence. Our people are dis-
posed to have a good government, but this disposition may
not always prevail. It is difficult to amend confederations:
it has been attempted in vain, and it is perhaps a miracle
that we are now met. We must therefore improve the
opportunity, and render the present system as perfect as
possible. Their good sense, and, above all, the necessity
of their affairs, will induce the people to adopt it. "
Lansing's motion was negatived by six to four states,
Maryland being divided, and the original resolution passed.
Imperfect as these reports are, they are sufficient to
show the spirit in which Hamilton met the objections to
an energetic system, labouring to vindicate the cause of
an efficient moderate government.
Some private business calling him at this time to New-
York, he was absent from the convention a few davs.
From the influence of Washington he hoped much; and
soon after his departure he communicated to him his im-
pression of what he believed to be the opinion of the peo
66
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THE LIFE OF
pie, and his convictions as to the policy to be pursued. His
letter gives the important and interesting fact, that, previ-
ous to this moment, no disclosure of his sentiments had
been sought by Hamilton from Washington. Such was
the delicacy observed towards a personage to whom the
country looked as its probable head, if a general govern-
ment should be established.
HAMILTON TO WASHINGTON.
DEAR SIR,
In my passage through the Jerseys, and since my arrival
here, I have taken particular pains to discover the public
sentiment, and I am more and more convinced that this is
the critical opportunity for establishing the prosperity of
this country on a solid foundation. I have conversed with
men of information, not only of this city, but from differ-
ent parts of the state; and they agree that there has been
an astonishing revolution for the better in the minds of
the people.
The prevailing apprehension among thinking men is, that
the convention, from the fear of shocking the popular opin-
ion, will not go far enough. They seem to be convinced,
that a strong, well-mounted government will better suit the
popular palate, than one of a different complexion. Men
in office are, indeed, taking all possible pains to give an un-
favourable impression of the convention; but the current
seems to be moving strongly the other way.
A plain but sensible man, in a conversation I had with
him yesterday, expressed himself nearly in this manner:--
The people begin to be convinced that their " excellent
form of government," as they have been used to call it,
will not answer their purpose, and that they must substitute
something not very remote from that which they have
lately quitted.
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? HAMILTON.
523
These appearances, though they will not warrant a con-
clusion that the people are yet ripe for such a plan as I advo-
cate, yet serve to prove that there is no reason to despair
of their adopting one equally energetic, if the convention
should think proper to propose it. They serve to prove
that we ought not to allow too much weight to objections,
drawn from the supposed repugnancy of the people to an
efficient constitution. I confess I am more and more in-
clined to believe that former habits of thinking are regain-
ing their influence with more rapidity than is generally
imagined.
Not having compared ideas with you, sir, I cannot judge
how far our sentiments agree; but, as I persuade myself,
the genuineness of my representations will receive credit
with you. My anxiety for the event of the deliberations
of the convention, induces me to make this communication
of what appears to be the tendency of the public mind.
I own to you, sir, that I am seriously and deeply dis-
tressed at the aspect of the counsels which prevailed when
I left Philadelphia. I fear that we shall let slip the golden
opportunity of rescuing the American empire from dis-
union, anarchy, and misery.
No motley or feeble measure can answer the end, or will
finally receive the public support. Decision is true wis-
dom, and will be not less reputable to the convention, than
salutary to the community.
I shall of necessity remain here ten or twelve days. If
I have reason to believe that my attendance at Philadel-
phia will not be mere waste of time, I shall, after that
period, rejoin the convention.
New-York, July 3d, 1787.
The apprehensions entertained by Hamilton were con-
firmed by the temper evinced during the renewed discus-
sion of a proposition of Ellsworth that each state should
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? 524
THE LIFE Of
have an equal vote in the second branch of the legislature.
At its termination the increased strength of the states right
party was shown by an equal division of the votes--five
states being in favour of the proposition and five in the ne-
gative--Maryland divided.
The pertinacity with which the claims to an equal par-
ticipation in the second branch were pressed, following the
warmth previously exhibited on the question of electing
the first branch by the people, threatened an utter prostra-
tion of all hope of concurring in a plan of government.
Under these circumstances, General Cotesworth Pinck-
ney proposed to appoint a committee to adjust the embar-
rassing controversy.
Martin objected to the measure as an attempt to com-
promise, and, feeling the strength of his party, declared,
"You must give each state an equal suffrage, or our business
is at an end. " Sherman replied, that "we had reached a
point from which we cannot move in either direction," and
urged the committee.
Gouverneur Morris followed, insisting on the necessity of
an aristocracy " of men of great and established property"
in the second branch, to be checked by the democratic
branch, and thus give stability to the government. "A
senate for seven years, excluded from office, would be," he
observed, "one of the baubles of the general government.
A government by compact is no government. While I
avow myself," he said, " the advocate of a strong govern-
ment, I admit that the influence of the rich must be guard-
ed: and a pure democracy is equally oppressive to the
lower orders of the community. " He threw out these re-
marks for the consideration of the committee to be ap-
pointed. Wilson did not approve of this expedient. If
adopted, he was for a smaller committee. Madison ob-
jected to it as only a source of delay. If appointed " from
each state, we shall have in it the whole force of state pre-
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? HAMILTON.
525
judices. " "The great difficulty is to conquer former opin-
ions. The motion can as well be decided here as in com-
mittee. " Gerry urged accommodation as absolutely neces-
sary, hoping that the defects might be amended by a future
convention. The motion was carried by nine states, Jer-
sey and Delaware dissenting, and a committee of a mem-
ber from each state was chosen by ballot, composed chiefly
of the advocates of the Jersey plan.
On the fifth of July a compromise was reported. It
proposed to give to each state one representative for every
forty thousand inhabitants, computing three-fifths of the
slaves as one white, and to a state containing a less num-
ber, one representative,- to compose the first branch; vest-
ing in that branch the exclusive origin and control of
money bills;--that in the second branch, each state should
have one vote. ,
The advocates of a strong government opposed the pro-
position. Wilson insisted upon a division of the question.
Madison declared that the originating money bills was no
concession on the part of the smaller states, as seven states
combining in the second branch, could control the first; it
being small in number and well connected, will ever pre-
vail. No provision is made as to the regulation of trade,
imposts, treaties. We are driven to an unhappy dilemma
Two-thirds of the inhabitants of the union are to please
the remaining third by sacrificing their essential rights.
In behalf of this compromise it was asserted, that the
power over money bills was an equivalent for the equal
representation in the senate. That it properly belonged to
the democratic branch. The senate being farther removed
from the people, would be less attentive to economy. It
was analogous to the parliamentary usage of England. *
The members most strenuous for retaining power in the
? Geny's State of Facts.
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? 526
THE LIFE OF
states wished to postpone the consideration of the first
proposition in order to enter upon the second, which was
not acceded to; and the question, whether numbers or rela-
tive contribution should determine the proportion of suf-
frage, was referred to a special committee. It was then
proposed to consider the constitution of the second branch.
This was postponed by the vote of six states--Massachu-
setts and New-York divided.
Having given a vote in favour of conferring on the first
branch the originating money bills, and thus fulfilling that
part of the proposed compromise, it was moved that in the
second branch the states should have an equal vote, which
was approved. On the ninth of July the special commit-
tee reported an apportionment of the members of the first
branch among the states, and that the legislature be au-
thorized to augment the number from time to time, and in
case a state be divided, or two or more united, or a new
state be created within the limits of the United States, it
be empowered to regulate the number of representatives
upon the principles of their wealth and number of inhabit-
ants; the provisional clause was approved, the equal vote
in the second branch temporarily sanctioned, and the ratio
was established on a conjectural basis. An objection being
taken to the small number of representatives, this sub-
ject was referred to the grand committee from each state. *
The following day King reported a new Scale of repre-
sentation, increased from fifty-six to sixty-five members.
At this important moment, when a large concession had
been made to the advocates of an equal power in the
states, and a basis had been formed upon which a compound
* Madison states a proposition, proceeding from himself, as a proper ground
of compromise; that in the first branch the states should be represented ac-
cording to the number of free inhabitants, and in the second, which had for
one of its primary objects the guardianship of property, according to the whole
number, including slaves--in effect, a southern predominance.
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? HAMILTON.
527
government, in part national, and in part federal, was to
be established, Yates and Lansing retired finally from
the convention. * On the last day on which they appeared,
Washington replied to Hamilton.
WASHINGTON TO HAMILTON.
Philadelphia, 10th July, 1787.
DEAR SIR,
I thank you for your communication of the third. When
I refer you to the state of the counsels which prevailed at
the period you left this city, and add that they are now,
if possible, in a worse train than ever, you will find but
little ground on which the hope of a good establishment
can be formed. In a word, I almost despair of seeing a
favourable issue to the proceedings of the convention, and
do therefore repent having had any agency in the busi-
ness.
The men who oppose a strong and energetic govern-
ment, are, in my opinion, narrow-minded politicians, or
are under the influence of local views.
The apprehension expressed by them, that the people
will not accede to the form proposed, is the ostensible, not
the real cause of opposition; but admitting that the pre-
sent sentiment is as they prognosticate, the question ought
nevertheless to be, is it oris it not the best form? If the for-
mer, recommend it, and it will assuredly obtain maugre
opposition.
/ am sorry you went away--/ wish you were back. The
crisis is equally important and alarming, and no opposition,
under such circumstances, should discourage exertions, till
the structure is fixed. I will not, at this time, trouble you
with more than my best wishes and sincere regards.
? July 10.
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? 528
THE LIFE OF
A stronger contrast cannot be drawn, than is seen in
the tone of this correspondence, and in the conduct of the
governing party in New-York.
On the one side, the utmost solicitude to seize this "crit-
ical opportunity for establishing the prosperity of this
country on a solid foundation;" on the other, a cold and
selfish desertion of it at the moment of its utmost peril.
It was not possible to have taken a course more calcula-
ted to arrest the proceedings of the convention; and when
the juncture at which the delegates from New-York re-
tired is considered, no doubt can be entertained that such
was the object.
That they acted in accordance with Clinton, was proved
by his deportment at this time. Unreserved declarations
were made by him, that no good was to be expected from
the appointment or deliberations of this body. That the
most probable result was, that the country would be thrown
into confusion by the measure. That it was by no means
a necessary one, as the confederation had not undergone
a sufficient trial, and probably, on a more full experiment,
would be found to answer all the purposes of the union.
"Clinton,"" Hamilton remarked, " was not a man govern-
ed in ordinary cases by sudden impulse; though of an
irritable temper, when not under the immediate influence
of irritation, he was circumspect and guarded, and seldom
acted or spoke without premeditation or design.
"
Such declarations from such a source, could only have
been intended to excite prejudices against whatever plan
should be proposed by the convention. Feeling that Clin-
ton's conduct might, and fearing that it would, induce the
mischief he so confidently and openly predicted, Hamilton
resolved to exhibit it before the public in all its deformity.
He immediately published a pointed animadversion, charg-
ing these declarations upon him, and avowing a readiness
to substantiate them.
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? H A MI I. TON.
520
Having thus interposed his personal influence to counter-
act this insidious policy by an appeal to the people, he
hastened to Philadelphia, and there, without a vote, stand-
ing alone, and unsupported by his state, he renewed his
exertions to compose the heats and heal the differences
which had arisen, and, as far as was in his power, to aid in
directing the course of the convention.
The discussion of the compromise was protracted until
late in July, when the first of the propositions having been
modified, both were adopted, though by a voti. indicating
a wide difference of opinion. Five states were in favour
of them, but they were those of secondary importance.
Pennsylvania, Virginia, South Carolina, and Georgia, voted
against them; and the important commonwealth of Mas-
sachusetts was divided. During this debate the number
of representatives was apportioned to each state, in the first
congress. It was declared that the representation ought
to be proportioned to direct taxation, and to ascertain the
necessary alterations in it, that a periodical census should
be taken. South Carolina and Georgia, seeking to increase
their relative weight, would have embraced in this census
all their slaves; but the three-fifths compromise, although
at first rejected,* was finally adopted. An effort was also
made to establish the principle, that the representation of
the new states to be admitted into the union, should never
exceed that of the original thirteen; but this unequal pro-
position was defeated. f
In determining the period when a census should be taken,
a similar contest for power was also seen. The vote was
at first unanimous for a re-apportionment at the expiration
of fifteen years. Then two years were proposed'; then six;
then twenty; a decennial census was ultimately established.
* Connecticut, Virginia, North Carolina, and Georgia, voting for it.
t Affirmative, Massachusetts, Connecticut, Delaware, and Maryland
07
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? 530
THE LIFE OF
The principles of the constitution of the first branch be-
ing settled, those of the second were considered. A pro-
posal was made to fix the number of senators at thirty-six,
and to apportion them among the states. Massachusetts
and Virginia urged this change warmly, but it was resolv-
ed that each state should have an equal vote. The com-
promise on this point being effected, a new contest for
power was seen in the several modifications suggested in
the structure of the other departments of the government,
and in the extent and distribution of its powers.
The legislative powers of the government were now
considered, and a general declaratory clause was passed,
having in view subsequent alterations. It was not to be
expected that the proposed negative of Madison on the
state laws, would be retained; it was only supported by
the votes of three states, and in lieu of it, the legislative
acts of the United States, and treaties made under its au-
thority, were declared to be the supreme law of the land.
The institution of the executive department was the
next subject of deliberation. This marked instance was
now seen of the influences whicli were operating: Randolph
had insisted earnestly on a plural executive; he suggest-
ed, as giving a reasonable security to the smaller states, the
appointment of one executive, to be elected by an equality of
state votes. The delegates from Virginia, who had hesitated,
yielding, it was unanimously dec! ared that the national exec-
utive was to consist of one person. The effort was renewed
to render him eligible by the electors of the people. It was
then proposed that he should be chosen by electors ap-
pointed by the legislatures of the states; but the choice was
given to the national legislature, in conformity with the
original proposition of Virginia. He was declared to be
re-eligible. The trusts of carrying into execution the na-
tional laws, and of appointing the national officers, subject
to the negative of two-thirds of the legislature, were con-
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? HAMILTON.
? 31
fided to him: and a motion was made to substitute for a
term of seven years, the provision that he should hold his
office during good behaviour. This important substitute
was supported by the votes of four states, New Jersey,
Pennsylvania, Delaware, and Virginia; but the term of
seven years was retained.
A judiciary during good behaviour was next established;
and, after an effort to confids the appointment of the
judges to the executive department solely, and then, as
Hamilton had proposed in his plan, to require the consent
of the senate, the appointment was given to the senate;
another concession to state influence. Its jurisdiction was
declared to extend to cases arising under laws passed by
the general legislature, and to such other questions as in-
volve the national peace and harmony.
The discussion was continued until the twenty-sixth of
July, much time being devoted to the institution of the
executive, and to the consideration of a proposal to require
certain qualifications of landed property and citizenship
in the members of each department of the government.
The modified resolutions were then referred to a commit-
tee of detail to prepare and report the outline of a constitu-
tion on the sixth of August, to which time the convention
adjourned. A draft of a constitution was on that day
reported, founded upon the principles which had been pre-
viously adopted, with many supplementary provisions.
The compromise, thus far, had only extended to the
structure of the government; its influence was now chiefly
seen in the limitations of its powers--limitations which
may be, with much probability, ascribed to Randolph and
Ellsworth, who, with Rutledge, Gorham, and Wilson, com-
posed the committee of detail.
This supposition is founded on a fact, which, it is be- ?
lieved, has not heretofore attracted attention.
On the twenty-second of August, seventeen hundred
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THE LIFE OF
and eighty-one, Randolph, Ellsworth, and Varnum, who
had been appointed a committee to prepare an exposition
of the confederation, made a report. They stated that they
ought to be discharged, because "the omission to enume-
rate any of the powers of congress would become an ar-
gument against their existence, and that it will be early
enough to insist on them when they shall be exercised
and disputed. "
Having specified in what particulars "the confedera-
tion requires execution," they proceeded to enumerate the
cases in which they deemed the extension of the powers
of congress necessary.
This exposition of the existing powers of the confede-
ration, and this enumeration of the proposed supplemental
powers, may be regarded as the source from which the detail
of the legislative powers enumerated in this plan of a con-
stitution is derived. One marked difference is observed.
By the report, the concurrence of two-thirds of congress
was required in the exercise of the great powers of war,
treaty, and revenue, while in this draft of the constitution
such concurrence is only made necessary to the passage
of a navigation act--a vicious check upon legislation, cer-
tain to result in evasive refinements. The convention
having refused to go into committee, this plan of a consti-
tution was discussed in the house. In its general outline
may be seen the extent to which Hamilton's system was
followed, and in the similarity of some of the modifications
which were proposed, the part he took as the discussion
progressed.
He continued in the convention until after the thirteenth
of August, when it is seen by the journal, that instead of
the provision requiring as a qualification for a seat in the
house of representatives that the candidate should have been
a citizen seven years, he urged that citizenship and inhabi-
tancy were sufficient prc-rcquisites, leaving to the discre-
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? HAMILTON.
533
tion of the legislature to prescribe such rules of naturali-
zation as should be found expedient. He was soon after
compelled again to repair to New-York.
The following letters evince his determination to give his
sanction to its proceedings, under a conviction that what-
ever plan should be adopted, would be an improvement
upon the articles of the confederation, and that a dissolu-
tion of that body without the recommendation of a sub-
stitute, would produce a dissolution of the union.
HAMILTON TO RUFUS KING.
DEAR SIR,
Since my arrival here, I have written to my colleagues,
informing them if either of them would come down, I
would accompany him to Philadelphia: so much for the
sake of propriety and public opinion. <<
In the mean time, if any material alteration should hap-
pen to be made in the plan now before the convention, I
will be obliged to you for a communication of it. I will
also be obliged to you to let me know when your conclu-
sion is at hand, for I would choose to be present at that
time.
New. York, August 20, 1787.
THE SAME TO THE SAME.
DEAR SIR,
I wrote you some days since, to request you to inform
me when there was a prospect of your finishing, as I in-
tended to be with you, for certain reasons, before the
conclusion.
It is whispered here, that some late changes in youi
scheme have taken place, which give it a higher tone. Is
this the case? I leave town to-day to attend a circuit in
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THE LIFE OF
a neighbouring county, from which I shall return the last
of the week, and shall be glad to find a line from you, ex-
planatory of the period of the probable termination of
your business.
New-York, August 28, 1787.
i anxiety for the establishment of an energetic nation-
vernment was increased by a circumstance which
indicates the unsettled state of the public feeling, the dis-
trusts of the community, and the mad projects which the
deranged affairs of the country had engendered.
During his sojourn at New-Yerk, a report was mention-
ed in a gazette* of that city, that ajjroject was in embryo
for the establishment of a monarchy^ at the head of which
it was contemplated to place the bishop of Osnaburgh.
This report was traced to a political letter, which had
been circulated, in Connecticut, suggesting this plot.
The extraordinary nature of this suggestion, whether in-
tended to excite prejudices against the convention, or to
alarm the anti-federalists to an adoption of such a consti-
tution as it should propose, or as an experiment upon pub-
lic opinion, engaged the attention of Hamilton. He im-
mediately addressed a letter to Colonel Wadsworth, asking
a solution of this enigma, in which he observes, "The his-
tory of its appearance among us, is, that it was sent by
one Whetmore, of Strafford, formerly in the paymaster-
general's office, to a person in this city. .
"I am at a loss clearly to understand its object, and have
some suspicion that it has been fabricated to excite jeal-
ousies against the convention, with a view to an opposition
to their recommendations; at all events, I wish you, if
possible, to trace its source, and send it to you for that
purpose.
* Daily Advertiser, August 18, 1787
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? HAMILTON. 535
"Whetmore must of course say where he got it, and by
pursuing the information, we may at last come at the au-
thor. Let me know the political connections of this man,
and the complexion of the people most active in the circu-
lation of the letter. " It appears from the reply of Colonel
Wadsworth, that he had referred the inquiry to Colonel
Humphries, whose letter to Hamilton of the first of Sep-
tember, states that this letter had been printed in a Fair-
field paper of the twenty-fifth of July past. "Whetmore
informs me that when he first saw it, it was in the hands
of one Jared Mansfield, who, I believe, has formerly been
reputed a loyalist. Indeed, it seems to have been received
and circulated with avidity by that class of people, wheth-
er fabricated by them or not. I think there is little doubt
it was manufactured in this state. Some think the real
design was to excite the apprehensions of the anti-federal-
ists, with the idea that the most disastrous consequences
are to be expected, unless we shall accept the proceedings
of the convention; but others, with more reason, that it
was intended to feel the public pulse, and to discover
whether the public mind would be startled with proposi-
tions of royalty. The quondam tories have undoubtedly
conceived hopes of a future union with Great Britain, from
the inefficacy of our government, and the tumults which
prevailed in Massachusetts during the last winter.
"It seems, by a conversation I have had here, that the
ultimate practicability of introducing the bishop of Osna-
burgh, is not a novel idea among those who were formerly
termed loyalists. Ever since the peace, it has been occa-
sionally talked of and wished for. Yesterday, where I
dined, half jest, half earnest, he was given as the first
toast.
"I leave you now, my dear friend, to reflect how ripe
we are for the most mad and ruinous project that can be
suggested, especially when, in addition to this view, we
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? THE LIFE OF
take into consideration how thoroughly the patriotic part
of the community, the friends of an efficient government,
are discouraged with the present system, and irritated at
the popular demagogues, who are determined to keep
themselves in office at the risk of every thing.
"I am happy to see you have had the boldness to attack,
in a public paper, the anti-federal dogmas of a great per-
sonage of your state. Go on, and prosper. Were the men
of talents and honesty throughout the continent properly
combined into one phalanx, I am confident they would be
competent to hew their way through all opposition, and
establish a government calculated to promote the happi-
ness of mankind, and make the revolution a blessing in-
stead of a curse. " Here this matter terminated. It ap-
pears from a subsequent memorandum of Hamilton's, that
though there was little to fear from the project, that he
did not consider it entirely destitute of reality.
His allusion, in his letter to King, to "whispered
changes" in the scheme which gave it a higher tone, re-
ferred to several additional powers proposed to be vested
in the legislature, which were referred; to a modification
in the mode of electing, and in the duration and powers
of the executive; to an enlargement of the jurisdiction of
the judicial department; and to a full declaration of the
supremacy of the constitution and laws of the United
States,--in all of which may be seen an adoption of, or ap-
proximation to, the principles in his plan.
The tone of the convention was evidently undergoing a
change, and the chief collision at this period grew out of
an effort on the part of the non-slaveholding states to re-
strain the extension of that evil, and on the part of the
planting states to exclude the power of levying duties on
exports, and, by requiring the assent of two-thirds of the
legislature to the enactment of a navigation act, or to acts
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? HAMILTON.
537
regulating commerce,* to provide against a danger long the
source of great but groundless apprehension in that part
of the union.
In the beginning of September, Hamilton resumed his
seat in the convention. No means exist of showing mi-
nutely the several propositions of which he was the author.
The great modifications the system underwent subse-
quent to this period, in conformity with his previously
avowed opinions, and the close analogy between parts of
the existing constitution and the plan of government he
had framed, give the evidence of his efficient participation
in the closing labours of that body. That he was elected a
member of the last committee appointed, with instructions
to revise the style and arrange the articles agreed to by
the house, refutes the impression sought to be given, that he
remained, at so interesting a crisis of this country, an almost
inactive spectator of the proceedings of a great council,
to the formation of which he had devoted all his energies.
A statement of a member of that committee of revisal,
of distinguished talent and character, is to the point on
this question. "If," Doctor Johnson remarked, " the con-
stitution did not succeed on trial, Hamilton was less re-
sponsible for that result than any other member,-for he
fully and frankly pointed out to the convention what he
apprehended were the infirmities to which it was liable.
And if it answered the fond expectations of the public,
the community would be more indebted to Hamilton than
to any other member; for, after its essential outlines were
agreed to, he laboured most indefatigably to heal those in-
firmities, and to guard against the evils to which they might
expose it. "
* In a division on this question of commercial regulation, Aug. 29, the
votes were for the restriction, Maryland, Virginia, North Carolina, and Geor.
gia: against it, the other seven states, including South Carolina.
68
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THE LIFE OF
On the fourth of September, the grand committee of
each state made an important report.
One branch of it gave full fiscal power to the govern-
ment. The legislature were invested with a " power to
lay and collect taxes, duties, imposts, and excises, to pay
the debts, and to provide for the common defence and gen-
eral welfare of the United States. "
The office of the executive had been reconsidered. His
term was reduced from seven to four years, and, adopting
in part Hamilton's views, he was to be chosen by electors;
but, reluctant to relinquish the policy which would con-
sider the states, and not the people, of the union as the
basis of the constitution, each state was to appoint, " in
such manner as its legislature may direct, a number of
/ electors equal to its representation in congress. " If the
candidate should not have a majority of the ballots of the
whole number of electors, the eventual choice devolved on
the senate.
Hamilton was opposed to this provision--it being an
essential part of his policy, that the chief magistrate should
not be chosen by any pre-existing body, and should be the
representative of the people, and not of the states. The
eventual choice by the senate was also repugnant to his
views. He saw, as an inevitable consequence, that many
of the states, to secure to their senators an ultimate control
over the executive, would defeat the choice by electors.
Rather than incur this evil, to which, as the president
was re-eligible, would be superadded the danger of a cor-
rupt influence being exerted by him upon the senate, he is
represented as preferring that the highest electoral ballot,
though not that of a majority, should appoint him.
The constitution of this office was a subject of consid-
eration until near the termination of their deliberations:
an effort being made, but defeated, to extend the execu-
tive term from four years to seven, to declare him not
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from the best writers on government, are become self-
evident principles. But I doubt the propriety of his appli-
cation of those principles in the present discussion. He
deduces from them the necessity that states entering into
a confederacy must retain the equality of votes. This po-
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? 520
THE LIFE OF
sition cannot be correct. Facts contradict it. The par-
liament of Great Britain asserted a supremacy over the
whole empire, and the celebrated Judge Blackstone labours
for the legality of it, although many parts were not repre-
sented. This parliamentary power we opposed as con-
trary to our colonial rights. With that exception, through-
out that whole empire it is submitted to.
"May no"t the smaller and greater states so modify their
respective rights as to establish the general interest of the
whole without adhering to the right of equality? Strict
representation is not observed in any of the state govern-
ments. The senate of New-York are chosen by persons
of certain qualifications to the exclusion of others.
"The question after all is--Is it our interest, in modify-
ing this general government, to sacrifice individual rights
to the preservation of the rights of an artificial being, called
states? There can be no truer principle than this--That
every individual of the community at large has an equal rigid
to the protection of government. If, therefore, three states
contain a majority of the inhabitants of America, ought they
to be governed by a minority? Would the inhabitants of
the great states ever submit to this? If the smaller states
maintain this principle through a love of power, will not
the larger, from the same motives, be equally tenacious to
preserve their power? They are to surrender their rights
--for what 1 For the preservation of an artificial being.
We propose a free government. Can it be so, if partial
distinctions are maintained?
"I agree with the gentleman from Delaware, that if the
state governments are to act in the general government, it
affords the strongest reason for exclusion. In the state
of New-York five counties form a majority of representa-
tives, and yet the government is in no danger, because the
laws have a general operation. The small states exagger-
ate their danger, and on this ground contend for an undue
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? HAMILTON.
proportion of power. But their danger is increased if the
larger states will not submit to it. Where will they form
new alliances for their support? Will they do this with
foreign powers? Foreigners are jealous of our increasing
greatness, and would rejoice in our distractions. Those
who have had opportunities of conversing with foreigners
respecting sovereigns in Europe, have discovered in them
an anxiety for the preservation of our democratic gov-
ernments, probably for no other reason but to keep us
weak. Unless your government is respectable, foreigners
will invade your rights--and to maintain tranquillity, it
must be respectable. Even to observe neutrality you must
have a strong government.
"I confess our present situation is critical. We have just
finished a war which has established our independence, and
loaded us with a heavy debt. We have still every motive
to unite for our common defence. Our people are dis-
posed to have a good government, but this disposition may
not always prevail. It is difficult to amend confederations:
it has been attempted in vain, and it is perhaps a miracle
that we are now met. We must therefore improve the
opportunity, and render the present system as perfect as
possible. Their good sense, and, above all, the necessity
of their affairs, will induce the people to adopt it. "
Lansing's motion was negatived by six to four states,
Maryland being divided, and the original resolution passed.
Imperfect as these reports are, they are sufficient to
show the spirit in which Hamilton met the objections to
an energetic system, labouring to vindicate the cause of
an efficient moderate government.
Some private business calling him at this time to New-
York, he was absent from the convention a few davs.
From the influence of Washington he hoped much; and
soon after his departure he communicated to him his im-
pression of what he believed to be the opinion of the peo
66
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THE LIFE OF
pie, and his convictions as to the policy to be pursued. His
letter gives the important and interesting fact, that, previ-
ous to this moment, no disclosure of his sentiments had
been sought by Hamilton from Washington. Such was
the delicacy observed towards a personage to whom the
country looked as its probable head, if a general govern-
ment should be established.
HAMILTON TO WASHINGTON.
DEAR SIR,
In my passage through the Jerseys, and since my arrival
here, I have taken particular pains to discover the public
sentiment, and I am more and more convinced that this is
the critical opportunity for establishing the prosperity of
this country on a solid foundation. I have conversed with
men of information, not only of this city, but from differ-
ent parts of the state; and they agree that there has been
an astonishing revolution for the better in the minds of
the people.
The prevailing apprehension among thinking men is, that
the convention, from the fear of shocking the popular opin-
ion, will not go far enough. They seem to be convinced,
that a strong, well-mounted government will better suit the
popular palate, than one of a different complexion. Men
in office are, indeed, taking all possible pains to give an un-
favourable impression of the convention; but the current
seems to be moving strongly the other way.
A plain but sensible man, in a conversation I had with
him yesterday, expressed himself nearly in this manner:--
The people begin to be convinced that their " excellent
form of government," as they have been used to call it,
will not answer their purpose, and that they must substitute
something not very remote from that which they have
lately quitted.
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? HAMILTON.
523
These appearances, though they will not warrant a con-
clusion that the people are yet ripe for such a plan as I advo-
cate, yet serve to prove that there is no reason to despair
of their adopting one equally energetic, if the convention
should think proper to propose it. They serve to prove
that we ought not to allow too much weight to objections,
drawn from the supposed repugnancy of the people to an
efficient constitution. I confess I am more and more in-
clined to believe that former habits of thinking are regain-
ing their influence with more rapidity than is generally
imagined.
Not having compared ideas with you, sir, I cannot judge
how far our sentiments agree; but, as I persuade myself,
the genuineness of my representations will receive credit
with you. My anxiety for the event of the deliberations
of the convention, induces me to make this communication
of what appears to be the tendency of the public mind.
I own to you, sir, that I am seriously and deeply dis-
tressed at the aspect of the counsels which prevailed when
I left Philadelphia. I fear that we shall let slip the golden
opportunity of rescuing the American empire from dis-
union, anarchy, and misery.
No motley or feeble measure can answer the end, or will
finally receive the public support. Decision is true wis-
dom, and will be not less reputable to the convention, than
salutary to the community.
I shall of necessity remain here ten or twelve days. If
I have reason to believe that my attendance at Philadel-
phia will not be mere waste of time, I shall, after that
period, rejoin the convention.
New-York, July 3d, 1787.
The apprehensions entertained by Hamilton were con-
firmed by the temper evinced during the renewed discus-
sion of a proposition of Ellsworth that each state should
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? 524
THE LIFE Of
have an equal vote in the second branch of the legislature.
At its termination the increased strength of the states right
party was shown by an equal division of the votes--five
states being in favour of the proposition and five in the ne-
gative--Maryland divided.
The pertinacity with which the claims to an equal par-
ticipation in the second branch were pressed, following the
warmth previously exhibited on the question of electing
the first branch by the people, threatened an utter prostra-
tion of all hope of concurring in a plan of government.
Under these circumstances, General Cotesworth Pinck-
ney proposed to appoint a committee to adjust the embar-
rassing controversy.
Martin objected to the measure as an attempt to com-
promise, and, feeling the strength of his party, declared,
"You must give each state an equal suffrage, or our business
is at an end. " Sherman replied, that "we had reached a
point from which we cannot move in either direction," and
urged the committee.
Gouverneur Morris followed, insisting on the necessity of
an aristocracy " of men of great and established property"
in the second branch, to be checked by the democratic
branch, and thus give stability to the government. "A
senate for seven years, excluded from office, would be," he
observed, "one of the baubles of the general government.
A government by compact is no government. While I
avow myself," he said, " the advocate of a strong govern-
ment, I admit that the influence of the rich must be guard-
ed: and a pure democracy is equally oppressive to the
lower orders of the community. " He threw out these re-
marks for the consideration of the committee to be ap-
pointed. Wilson did not approve of this expedient. If
adopted, he was for a smaller committee. Madison ob-
jected to it as only a source of delay. If appointed " from
each state, we shall have in it the whole force of state pre-
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? HAMILTON.
525
judices. " "The great difficulty is to conquer former opin-
ions. The motion can as well be decided here as in com-
mittee. " Gerry urged accommodation as absolutely neces-
sary, hoping that the defects might be amended by a future
convention. The motion was carried by nine states, Jer-
sey and Delaware dissenting, and a committee of a mem-
ber from each state was chosen by ballot, composed chiefly
of the advocates of the Jersey plan.
On the fifth of July a compromise was reported. It
proposed to give to each state one representative for every
forty thousand inhabitants, computing three-fifths of the
slaves as one white, and to a state containing a less num-
ber, one representative,- to compose the first branch; vest-
ing in that branch the exclusive origin and control of
money bills;--that in the second branch, each state should
have one vote. ,
The advocates of a strong government opposed the pro-
position. Wilson insisted upon a division of the question.
Madison declared that the originating money bills was no
concession on the part of the smaller states, as seven states
combining in the second branch, could control the first; it
being small in number and well connected, will ever pre-
vail. No provision is made as to the regulation of trade,
imposts, treaties. We are driven to an unhappy dilemma
Two-thirds of the inhabitants of the union are to please
the remaining third by sacrificing their essential rights.
In behalf of this compromise it was asserted, that the
power over money bills was an equivalent for the equal
representation in the senate. That it properly belonged to
the democratic branch. The senate being farther removed
from the people, would be less attentive to economy. It
was analogous to the parliamentary usage of England. *
The members most strenuous for retaining power in the
? Geny's State of Facts.
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? 526
THE LIFE OF
states wished to postpone the consideration of the first
proposition in order to enter upon the second, which was
not acceded to; and the question, whether numbers or rela-
tive contribution should determine the proportion of suf-
frage, was referred to a special committee. It was then
proposed to consider the constitution of the second branch.
This was postponed by the vote of six states--Massachu-
setts and New-York divided.
Having given a vote in favour of conferring on the first
branch the originating money bills, and thus fulfilling that
part of the proposed compromise, it was moved that in the
second branch the states should have an equal vote, which
was approved. On the ninth of July the special commit-
tee reported an apportionment of the members of the first
branch among the states, and that the legislature be au-
thorized to augment the number from time to time, and in
case a state be divided, or two or more united, or a new
state be created within the limits of the United States, it
be empowered to regulate the number of representatives
upon the principles of their wealth and number of inhabit-
ants; the provisional clause was approved, the equal vote
in the second branch temporarily sanctioned, and the ratio
was established on a conjectural basis. An objection being
taken to the small number of representatives, this sub-
ject was referred to the grand committee from each state. *
The following day King reported a new Scale of repre-
sentation, increased from fifty-six to sixty-five members.
At this important moment, when a large concession had
been made to the advocates of an equal power in the
states, and a basis had been formed upon which a compound
* Madison states a proposition, proceeding from himself, as a proper ground
of compromise; that in the first branch the states should be represented ac-
cording to the number of free inhabitants, and in the second, which had for
one of its primary objects the guardianship of property, according to the whole
number, including slaves--in effect, a southern predominance.
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? HAMILTON.
527
government, in part national, and in part federal, was to
be established, Yates and Lansing retired finally from
the convention. * On the last day on which they appeared,
Washington replied to Hamilton.
WASHINGTON TO HAMILTON.
Philadelphia, 10th July, 1787.
DEAR SIR,
I thank you for your communication of the third. When
I refer you to the state of the counsels which prevailed at
the period you left this city, and add that they are now,
if possible, in a worse train than ever, you will find but
little ground on which the hope of a good establishment
can be formed. In a word, I almost despair of seeing a
favourable issue to the proceedings of the convention, and
do therefore repent having had any agency in the busi-
ness.
The men who oppose a strong and energetic govern-
ment, are, in my opinion, narrow-minded politicians, or
are under the influence of local views.
The apprehension expressed by them, that the people
will not accede to the form proposed, is the ostensible, not
the real cause of opposition; but admitting that the pre-
sent sentiment is as they prognosticate, the question ought
nevertheless to be, is it oris it not the best form? If the for-
mer, recommend it, and it will assuredly obtain maugre
opposition.
/ am sorry you went away--/ wish you were back. The
crisis is equally important and alarming, and no opposition,
under such circumstances, should discourage exertions, till
the structure is fixed. I will not, at this time, trouble you
with more than my best wishes and sincere regards.
? July 10.
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? 528
THE LIFE OF
A stronger contrast cannot be drawn, than is seen in
the tone of this correspondence, and in the conduct of the
governing party in New-York.
On the one side, the utmost solicitude to seize this "crit-
ical opportunity for establishing the prosperity of this
country on a solid foundation;" on the other, a cold and
selfish desertion of it at the moment of its utmost peril.
It was not possible to have taken a course more calcula-
ted to arrest the proceedings of the convention; and when
the juncture at which the delegates from New-York re-
tired is considered, no doubt can be entertained that such
was the object.
That they acted in accordance with Clinton, was proved
by his deportment at this time. Unreserved declarations
were made by him, that no good was to be expected from
the appointment or deliberations of this body. That the
most probable result was, that the country would be thrown
into confusion by the measure. That it was by no means
a necessary one, as the confederation had not undergone
a sufficient trial, and probably, on a more full experiment,
would be found to answer all the purposes of the union.
"Clinton,"" Hamilton remarked, " was not a man govern-
ed in ordinary cases by sudden impulse; though of an
irritable temper, when not under the immediate influence
of irritation, he was circumspect and guarded, and seldom
acted or spoke without premeditation or design.
"
Such declarations from such a source, could only have
been intended to excite prejudices against whatever plan
should be proposed by the convention. Feeling that Clin-
ton's conduct might, and fearing that it would, induce the
mischief he so confidently and openly predicted, Hamilton
resolved to exhibit it before the public in all its deformity.
He immediately published a pointed animadversion, charg-
ing these declarations upon him, and avowing a readiness
to substantiate them.
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? H A MI I. TON.
520
Having thus interposed his personal influence to counter-
act this insidious policy by an appeal to the people, he
hastened to Philadelphia, and there, without a vote, stand-
ing alone, and unsupported by his state, he renewed his
exertions to compose the heats and heal the differences
which had arisen, and, as far as was in his power, to aid in
directing the course of the convention.
The discussion of the compromise was protracted until
late in July, when the first of the propositions having been
modified, both were adopted, though by a voti. indicating
a wide difference of opinion. Five states were in favour
of them, but they were those of secondary importance.
Pennsylvania, Virginia, South Carolina, and Georgia, voted
against them; and the important commonwealth of Mas-
sachusetts was divided. During this debate the number
of representatives was apportioned to each state, in the first
congress. It was declared that the representation ought
to be proportioned to direct taxation, and to ascertain the
necessary alterations in it, that a periodical census should
be taken. South Carolina and Georgia, seeking to increase
their relative weight, would have embraced in this census
all their slaves; but the three-fifths compromise, although
at first rejected,* was finally adopted. An effort was also
made to establish the principle, that the representation of
the new states to be admitted into the union, should never
exceed that of the original thirteen; but this unequal pro-
position was defeated. f
In determining the period when a census should be taken,
a similar contest for power was also seen. The vote was
at first unanimous for a re-apportionment at the expiration
of fifteen years. Then two years were proposed'; then six;
then twenty; a decennial census was ultimately established.
* Connecticut, Virginia, North Carolina, and Georgia, voting for it.
t Affirmative, Massachusetts, Connecticut, Delaware, and Maryland
07
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THE LIFE OF
The principles of the constitution of the first branch be-
ing settled, those of the second were considered. A pro-
posal was made to fix the number of senators at thirty-six,
and to apportion them among the states. Massachusetts
and Virginia urged this change warmly, but it was resolv-
ed that each state should have an equal vote. The com-
promise on this point being effected, a new contest for
power was seen in the several modifications suggested in
the structure of the other departments of the government,
and in the extent and distribution of its powers.
The legislative powers of the government were now
considered, and a general declaratory clause was passed,
having in view subsequent alterations. It was not to be
expected that the proposed negative of Madison on the
state laws, would be retained; it was only supported by
the votes of three states, and in lieu of it, the legislative
acts of the United States, and treaties made under its au-
thority, were declared to be the supreme law of the land.
The institution of the executive department was the
next subject of deliberation. This marked instance was
now seen of the influences whicli were operating: Randolph
had insisted earnestly on a plural executive; he suggest-
ed, as giving a reasonable security to the smaller states, the
appointment of one executive, to be elected by an equality of
state votes. The delegates from Virginia, who had hesitated,
yielding, it was unanimously dec! ared that the national exec-
utive was to consist of one person. The effort was renewed
to render him eligible by the electors of the people. It was
then proposed that he should be chosen by electors ap-
pointed by the legislatures of the states; but the choice was
given to the national legislature, in conformity with the
original proposition of Virginia. He was declared to be
re-eligible. The trusts of carrying into execution the na-
tional laws, and of appointing the national officers, subject
to the negative of two-thirds of the legislature, were con-
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? HAMILTON.
? 31
fided to him: and a motion was made to substitute for a
term of seven years, the provision that he should hold his
office during good behaviour. This important substitute
was supported by the votes of four states, New Jersey,
Pennsylvania, Delaware, and Virginia; but the term of
seven years was retained.
A judiciary during good behaviour was next established;
and, after an effort to confids the appointment of the
judges to the executive department solely, and then, as
Hamilton had proposed in his plan, to require the consent
of the senate, the appointment was given to the senate;
another concession to state influence. Its jurisdiction was
declared to extend to cases arising under laws passed by
the general legislature, and to such other questions as in-
volve the national peace and harmony.
The discussion was continued until the twenty-sixth of
July, much time being devoted to the institution of the
executive, and to the consideration of a proposal to require
certain qualifications of landed property and citizenship
in the members of each department of the government.
The modified resolutions were then referred to a commit-
tee of detail to prepare and report the outline of a constitu-
tion on the sixth of August, to which time the convention
adjourned. A draft of a constitution was on that day
reported, founded upon the principles which had been pre-
viously adopted, with many supplementary provisions.
The compromise, thus far, had only extended to the
structure of the government; its influence was now chiefly
seen in the limitations of its powers--limitations which
may be, with much probability, ascribed to Randolph and
Ellsworth, who, with Rutledge, Gorham, and Wilson, com-
posed the committee of detail.
This supposition is founded on a fact, which, it is be- ?
lieved, has not heretofore attracted attention.
On the twenty-second of August, seventeen hundred
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? 532
THE LIFE OF
and eighty-one, Randolph, Ellsworth, and Varnum, who
had been appointed a committee to prepare an exposition
of the confederation, made a report. They stated that they
ought to be discharged, because "the omission to enume-
rate any of the powers of congress would become an ar-
gument against their existence, and that it will be early
enough to insist on them when they shall be exercised
and disputed. "
Having specified in what particulars "the confedera-
tion requires execution," they proceeded to enumerate the
cases in which they deemed the extension of the powers
of congress necessary.
This exposition of the existing powers of the confede-
ration, and this enumeration of the proposed supplemental
powers, may be regarded as the source from which the detail
of the legislative powers enumerated in this plan of a con-
stitution is derived. One marked difference is observed.
By the report, the concurrence of two-thirds of congress
was required in the exercise of the great powers of war,
treaty, and revenue, while in this draft of the constitution
such concurrence is only made necessary to the passage
of a navigation act--a vicious check upon legislation, cer-
tain to result in evasive refinements. The convention
having refused to go into committee, this plan of a consti-
tution was discussed in the house. In its general outline
may be seen the extent to which Hamilton's system was
followed, and in the similarity of some of the modifications
which were proposed, the part he took as the discussion
progressed.
He continued in the convention until after the thirteenth
of August, when it is seen by the journal, that instead of
the provision requiring as a qualification for a seat in the
house of representatives that the candidate should have been
a citizen seven years, he urged that citizenship and inhabi-
tancy were sufficient prc-rcquisites, leaving to the discre-
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? HAMILTON.
533
tion of the legislature to prescribe such rules of naturali-
zation as should be found expedient. He was soon after
compelled again to repair to New-York.
The following letters evince his determination to give his
sanction to its proceedings, under a conviction that what-
ever plan should be adopted, would be an improvement
upon the articles of the confederation, and that a dissolu-
tion of that body without the recommendation of a sub-
stitute, would produce a dissolution of the union.
HAMILTON TO RUFUS KING.
DEAR SIR,
Since my arrival here, I have written to my colleagues,
informing them if either of them would come down, I
would accompany him to Philadelphia: so much for the
sake of propriety and public opinion. <<
In the mean time, if any material alteration should hap-
pen to be made in the plan now before the convention, I
will be obliged to you for a communication of it. I will
also be obliged to you to let me know when your conclu-
sion is at hand, for I would choose to be present at that
time.
New. York, August 20, 1787.
THE SAME TO THE SAME.
DEAR SIR,
I wrote you some days since, to request you to inform
me when there was a prospect of your finishing, as I in-
tended to be with you, for certain reasons, before the
conclusion.
It is whispered here, that some late changes in youi
scheme have taken place, which give it a higher tone. Is
this the case? I leave town to-day to attend a circuit in
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? 534
THE LIFE OF
a neighbouring county, from which I shall return the last
of the week, and shall be glad to find a line from you, ex-
planatory of the period of the probable termination of
your business.
New-York, August 28, 1787.
i anxiety for the establishment of an energetic nation-
vernment was increased by a circumstance which
indicates the unsettled state of the public feeling, the dis-
trusts of the community, and the mad projects which the
deranged affairs of the country had engendered.
During his sojourn at New-Yerk, a report was mention-
ed in a gazette* of that city, that ajjroject was in embryo
for the establishment of a monarchy^ at the head of which
it was contemplated to place the bishop of Osnaburgh.
This report was traced to a political letter, which had
been circulated, in Connecticut, suggesting this plot.
The extraordinary nature of this suggestion, whether in-
tended to excite prejudices against the convention, or to
alarm the anti-federalists to an adoption of such a consti-
tution as it should propose, or as an experiment upon pub-
lic opinion, engaged the attention of Hamilton. He im-
mediately addressed a letter to Colonel Wadsworth, asking
a solution of this enigma, in which he observes, "The his-
tory of its appearance among us, is, that it was sent by
one Whetmore, of Strafford, formerly in the paymaster-
general's office, to a person in this city. .
"I am at a loss clearly to understand its object, and have
some suspicion that it has been fabricated to excite jeal-
ousies against the convention, with a view to an opposition
to their recommendations; at all events, I wish you, if
possible, to trace its source, and send it to you for that
purpose.
* Daily Advertiser, August 18, 1787
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? HAMILTON. 535
"Whetmore must of course say where he got it, and by
pursuing the information, we may at last come at the au-
thor. Let me know the political connections of this man,
and the complexion of the people most active in the circu-
lation of the letter. " It appears from the reply of Colonel
Wadsworth, that he had referred the inquiry to Colonel
Humphries, whose letter to Hamilton of the first of Sep-
tember, states that this letter had been printed in a Fair-
field paper of the twenty-fifth of July past. "Whetmore
informs me that when he first saw it, it was in the hands
of one Jared Mansfield, who, I believe, has formerly been
reputed a loyalist. Indeed, it seems to have been received
and circulated with avidity by that class of people, wheth-
er fabricated by them or not. I think there is little doubt
it was manufactured in this state. Some think the real
design was to excite the apprehensions of the anti-federal-
ists, with the idea that the most disastrous consequences
are to be expected, unless we shall accept the proceedings
of the convention; but others, with more reason, that it
was intended to feel the public pulse, and to discover
whether the public mind would be startled with proposi-
tions of royalty. The quondam tories have undoubtedly
conceived hopes of a future union with Great Britain, from
the inefficacy of our government, and the tumults which
prevailed in Massachusetts during the last winter.
"It seems, by a conversation I have had here, that the
ultimate practicability of introducing the bishop of Osna-
burgh, is not a novel idea among those who were formerly
termed loyalists. Ever since the peace, it has been occa-
sionally talked of and wished for. Yesterday, where I
dined, half jest, half earnest, he was given as the first
toast.
"I leave you now, my dear friend, to reflect how ripe
we are for the most mad and ruinous project that can be
suggested, especially when, in addition to this view, we
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? THE LIFE OF
take into consideration how thoroughly the patriotic part
of the community, the friends of an efficient government,
are discouraged with the present system, and irritated at
the popular demagogues, who are determined to keep
themselves in office at the risk of every thing.
"I am happy to see you have had the boldness to attack,
in a public paper, the anti-federal dogmas of a great per-
sonage of your state. Go on, and prosper. Were the men
of talents and honesty throughout the continent properly
combined into one phalanx, I am confident they would be
competent to hew their way through all opposition, and
establish a government calculated to promote the happi-
ness of mankind, and make the revolution a blessing in-
stead of a curse. " Here this matter terminated. It ap-
pears from a subsequent memorandum of Hamilton's, that
though there was little to fear from the project, that he
did not consider it entirely destitute of reality.
His allusion, in his letter to King, to "whispered
changes" in the scheme which gave it a higher tone, re-
ferred to several additional powers proposed to be vested
in the legislature, which were referred; to a modification
in the mode of electing, and in the duration and powers
of the executive; to an enlargement of the jurisdiction of
the judicial department; and to a full declaration of the
supremacy of the constitution and laws of the United
States,--in all of which may be seen an adoption of, or ap-
proximation to, the principles in his plan.
The tone of the convention was evidently undergoing a
change, and the chief collision at this period grew out of
an effort on the part of the non-slaveholding states to re-
strain the extension of that evil, and on the part of the
planting states to exclude the power of levying duties on
exports, and, by requiring the assent of two-thirds of the
legislature to the enactment of a navigation act, or to acts
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? HAMILTON.
537
regulating commerce,* to provide against a danger long the
source of great but groundless apprehension in that part
of the union.
In the beginning of September, Hamilton resumed his
seat in the convention. No means exist of showing mi-
nutely the several propositions of which he was the author.
The great modifications the system underwent subse-
quent to this period, in conformity with his previously
avowed opinions, and the close analogy between parts of
the existing constitution and the plan of government he
had framed, give the evidence of his efficient participation
in the closing labours of that body. That he was elected a
member of the last committee appointed, with instructions
to revise the style and arrange the articles agreed to by
the house, refutes the impression sought to be given, that he
remained, at so interesting a crisis of this country, an almost
inactive spectator of the proceedings of a great council,
to the formation of which he had devoted all his energies.
A statement of a member of that committee of revisal,
of distinguished talent and character, is to the point on
this question. "If," Doctor Johnson remarked, " the con-
stitution did not succeed on trial, Hamilton was less re-
sponsible for that result than any other member,-for he
fully and frankly pointed out to the convention what he
apprehended were the infirmities to which it was liable.
And if it answered the fond expectations of the public,
the community would be more indebted to Hamilton than
to any other member; for, after its essential outlines were
agreed to, he laboured most indefatigably to heal those in-
firmities, and to guard against the evils to which they might
expose it. "
* In a division on this question of commercial regulation, Aug. 29, the
votes were for the restriction, Maryland, Virginia, North Carolina, and Geor.
gia: against it, the other seven states, including South Carolina.
68
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? 538
THE LIFE OF
On the fourth of September, the grand committee of
each state made an important report.
One branch of it gave full fiscal power to the govern-
ment. The legislature were invested with a " power to
lay and collect taxes, duties, imposts, and excises, to pay
the debts, and to provide for the common defence and gen-
eral welfare of the United States. "
The office of the executive had been reconsidered. His
term was reduced from seven to four years, and, adopting
in part Hamilton's views, he was to be chosen by electors;
but, reluctant to relinquish the policy which would con-
sider the states, and not the people, of the union as the
basis of the constitution, each state was to appoint, " in
such manner as its legislature may direct, a number of
/ electors equal to its representation in congress. " If the
candidate should not have a majority of the ballots of the
whole number of electors, the eventual choice devolved on
the senate.
Hamilton was opposed to this provision--it being an
essential part of his policy, that the chief magistrate should
not be chosen by any pre-existing body, and should be the
representative of the people, and not of the states. The
eventual choice by the senate was also repugnant to his
views. He saw, as an inevitable consequence, that many
of the states, to secure to their senators an ultimate control
over the executive, would defeat the choice by electors.
Rather than incur this evil, to which, as the president
was re-eligible, would be superadded the danger of a cor-
rupt influence being exerted by him upon the senate, he is
represented as preferring that the highest electoral ballot,
though not that of a majority, should appoint him.
The constitution of this office was a subject of consid-
eration until near the termination of their deliberations:
an effort being made, but defeated, to extend the execu-
tive term from four years to seven, to declare him not
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