Generated for (University of
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on 2014-08-20 03:42 GMT / http://hdl.
Hamilton - 1834 - Life on Hamilton - v2
444.
Yet Madison says, "Mi.
Hamilton ac-
knowledged that he began to view the obligation of the provisional treaty in
a different light, and in consequence, wished to vary the direction of the
commander-in-chief from a positive to a preparatory one; as his motion on
the Journal states. "--The real motive to that proposed variance has been suf-
ficiently shown.
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? HAMILTON.
195
velops, explains, and fixes more precisely what may have
been too generally expressed in the former. Suppose the
British should now send away not only the negroes, but
all other property, and all the public records in their pos-
session belonging to us, on the pretence above stated;
should we not justly accuse them with breaking faith? Is
not this already done in the case of the negroes who have
been carried away, though founded upon a very different
principle, a doubtful construction of the treaty, not a de-
nial of its immediate operation. In fine, is it our interest to
advance this doctrine, and to countenance the position,
that nothing is binding till the definitive treaty, when there
are examples of years intervening between preliminary
and definitive treaties?
Sir Guy Carleton in his correspondence has appeared to
consider the treaty as immediately obligatory, and it has
been the policy which I have preferred, to promote the
same idea. I am not indeed apprehensive of a renewal of
the war, for peace is necessary to Great Britain; I think
it also most probable her disposition to conciliate this coun
try will outweigh the resentments which a breach of our
engagements is calculated to inspire. But with a treaty
which has exceeded the hopes of the most sanguine, which
in the articles of boundary and of the fisheries is even bet-
ter than we asked, circumstanced as this country is with re-
spect to the means of making war, I think it the height of
imprudence to run any riski Great Britain, without re
commencing hostilities, may evade parts of the treaty.
She may keep possession of the frontier posts. She may
obstruct the free enjoyment of the fisheries. She may be
indisposed to such extensive concessions in matters of com-
merce as it is our interest to aim at. In all this she would
find no opposition from any foreign power, and we are
not in a condition to oblige her to any thing.
If we imagine that France, obviously embarrassed her-
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THE LIFE OF
self in her finances, would renew the war to oblige Great
Britain to the restoration of our frontier posts, or to a
compliance with the stipulations respecting the fisheries,
(especially after a manifest breach of the treaty on our
part,) we speculate much at random. Observations might
be made on the last article which would prove that it is
not the policy of France to support our interests there.
Are we prepared, for the mere gratification of our re-
sentments, to put these great national objects at hazard--to
leave our western frontier in a state of insecurity--to re-
linquish the fur trade, and to abridge our pretensions to
the fisheries?
Do we think national character so light a thing, as to be
willing to sacrifice the public faith to individual animosity?
Let the case be fairly stated. Great Britain and Ameri-
ca, two independent nations at war--the former in pos-
session of considerable posts and districts of territory be-
longing to the latter, and also of the means of obstructing
certain commercial advantages in which it is deeply inter-
ested.
It is not uncommon in treaties of peace for the uti possi-
detis to take place. Great Britain, however, in the present
instance stipulates to restore all our posts or territory in
her possession. She even adds an extent not within our
original limits, more than a compensation for a small part
ceded in another quarter. She agrees to readmit us to a
participation in the fisheries. What equivalent do we
give for this? Congress are to recommend the restora-
tion of property to those who have adhered to her, and
expressly engage that no future injury shall be done them
in person, liberty, or property.
This is the sole condition on our part where there is not
an immediate reciprocity, (the recovery of debts and liber-
ation of prisoners being mutual;) the former indeed is only
declaring what the rights of private faith, which all civil-
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? ITAMILTON.
197
ized nations hold sacred, would have dictated without it,
and stands as the single equivalent for all the restitutions
and concessions to be made by Great Britain. Will it be
honest in us to violate this condition, or will it be prudent
to put it in competition with all the important matters to
be performed on the other side? Will foreign nations be
willing to undertake any thing with us or for us, when
they find that the nature of our government will allow no
dependance to be placed upon our engagements?
I have omitted saying any thing of the impolicy of in-
ducing, by our severity, a great number of useful citizens,
whose situations do not make them a proper object of re-
sentment, to abandon the country, to form settlements that
will hereafter become our rivals, animated with a hatred to
us which will descend to their posterity. Nothing, however,
can be more unwise than to contribute, as we are doing, to
people the shores and wilderness of Nova Scotia, a colony,
which, by its position, will become a competitor with us,
among other things, in that branch of commerce on which
our navigation and navy will essentially depend--I mean
the fisheries, in which I have no doubt the state of New
York will hereafter have a considerable share.
To your excellency I freely deliver my sentiments, be-
cause I am persuaded you cannot be a stranger to the
force of these considerations. I fear not even to hazard
them to the justice and good sense of those I have the hon-
our to represent. I esteem it my duty to do it, because the
question is important to, the interests of the state, in its re-
lation to the United States.
Those who consult only their passions, might choose to
construe what I say as too favourable to a set of men who
have been the enemies of the public liberty; but those for
whose esteem I am most concerned, will acquit me of any
personal considerations, and will perceive that I only urge
the cause of national honour, safety, and advantage. We
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? 198
THE LIFE OF
have assumed an independent station, we ought to feel and
to act in a manner consistent with the dignity of that
station.
I anxiously wish to see every prudent measure taken to
prevent those combinations which will certainly disgrace
us, if they do not involve us in other calamities. Whatev-
er distinctions are judged necessary to be made in the
cases of those persons who have been in opposition to the
common cause, let them be made by legal authority, on a
fair construction of the treaty, consistent with national
faith and national honour.
P. S. --Your excellency will have been informed that
congress have instructed General Washington to garrison
the frontier posts, when surrendered, with the three years
continental troops. This is more for the interest of the
state than to have them garrisoned at its particular ex-
pense; and I should wish that permanent provision might
be made on the same principles. I wait to see whether
any continental peace establishment for garrisons will take
place, before I engage the consent of congress to a sepa-
rate provision. I cannot forbear adding a word on the
subject of money. The only reliance we now have for
redeeming a large anticipation on the public credit, already
made and making for the benefit of the army, is on the tax-
es coming in. The collection hitherto is out of all propor-
tion to the demand. It is of vast consequence at this
juncture that every thing possible should be done to for-
ward it. I forbear entering into details which would be
very striking on this subject. I will only say, that unless
there is a serious exertion in the states, public credit must
ere long receive another shock, very disagreeable in its
consequences, &c. "
It has been observed that the territorial controversy be-
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? HAMILTON.
199
tween New-York and the people of Vermont had remain-
ed, at the commencement of this congress, unadjusted.
Congress had never acted with decision on this subject.
New-England, with the exception of New-Hampshire, was
in favour of the disaffected party. Some of its leading men
denied the right of congress to interfere; most doubted
the expediency. The four states south of New-York also
favoured their pretensions. She was only sustained by
the southern states--jealous of the east--unwilling to ad-
mit into the union another small state to enjoy equal politi-
cal weight, and to have a voice in respect to their western
claims. But New-York entertained no doubt of her rights,
and looked with extreme jealousy on any interference with
them. Several individuals who acknowledged their alle-
giance to her had been banished by Vermont, and their es-
tates confiscated. This procedure was brought before
congress on the fifth of December, by a resolution second-
ed by Hamilton, declaring it to be "highly derogatory to
the authority of the United States, and dangerous to the
confederacy;" requiring restitution of the confiscated
property, and pledging themselves to enforce it. After
several proposed modifications, it passed. The only object
of this resolution was to prevent hostile collisions until
the question of jurisdiction should be settled, or at least
until the termination of the war. But the enforcement of
it would be extremely difficult in a country of mountains
and defiles, by troops, most of whom were from the eastern
states, and all averse to such a conflict. When Hamilton
proposed this resolution, he had recently taken his seat in
congress, and was uninformed of the diversity of the views
entertained by its members on this subject. As soon as
he ascertained the true position of the question, he wrote
to Clinton suggesting a compromise. The governor repli-
ed that the prevailing opinion of the state was, that a par-
tial compromise would be improper, as congress had en-
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THE LIFE OF
gaged to make a final decision of the controversy. He
thought, however, that if the summit of the mountains
should be designated by them as the boundary, New-York
would submit to it " for the sake of peace. "
Hamilton again adverted to this subject:--
"A few days since I was honoured with your excellen-
cy's letter of the , and was glad to find your ideas
on the subject corresponded with mine. As I shall in a
day or two take leave of Congress, I think it my duty to
give my opinion to the legislature in a matter of impor-
tance to the state, which has been long depending, and
is still without a prospect of termination, in the train in
which it has been placed. I mean the affair of the grants.
It is hazardous to pass a positive judgment on what will
happen in a body so mutable as that of congress; but from
all I have seen, I have come to a settled opinion, that no
determination will be taken and executed by them in any
other manner than in that prescribed by the confedera-
tion. There is always such a diversity of views and inter-
ests, so many compromises to be made between different
states, that in a question of this nature, the embarrassments
of which have been increased by the steps that have pre-
ceded, and in which the passions of the opposite sides have
taken a warm part, decision must be the result of neces-
sity. While congress have a discretion, they will procras-
tinate; when they are bound by the constitution, they
must proceed.
"It is therefore my opinion that it will be advisable for
the legislature, when they meet, to revive the question, and
either to relinquish their pretensions to the country in dis-
pute, or to instruct their delegates, if a decision is not had
within a limited time, to declare the submission to con-
gress revoked, and to institute a claim according to the
principles of the confederation. It would be out of my
province to discuss which side of the alternative ought, in
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? HAMILTON. 201
policy, to prevail; but I will take the liberty to observe,
that if the last should be preferred, it would be expedient
to remove every motive of opposition from private claims,
not only by confirming in their full latitude, previous to the
trial, the possessions of the original settlers, but even the
grants of the usurped government. It may happen that it
will be eventually necessary to employ force; and in this
case, it would be of great importance that neither the in-
habitants of the grants, nor powerful individuals in other
states, should find their private interest in contradiction to
that of the state. This has already had great influence in
counteracting our wishes, would continue to throw impedi-
ments in the way of ulterior measures, and might at last
kindle a serious flame between the states.
"I communicated to your excellency in a former letter,
that I had declined pressing the application of the legisla-
ture to congress respecting the state troops for garrison-
ing the frontier posts, because temporary provision had
been made in another way, which would save the state
the immediate expense; and because there was a prospect
of some general provision for the defence of the frontiers,
on a continental establishment, which was to be preferred
on every account. A report for this purpose is now be-
fore congress, but the thinness of the representation has for
some time retarded, and still retards its consideration.
The definitive treaty has not yet arrived, but from accounts
which, though not official, appear to deserve credit, it may
daily be expected. A gentleman known and confided in
has arrived at Philadelphia, who informs that he saw a
letter from Dr. Franklin to Mr. Barkely, telling him that
the definitive treaties were signed the seventh of May, be-
tween all the parties; that New York was to be evacuated
in six months from the ratification of the preliminaries in
Europe, which will be the twelfth or fifteenth of next
month.
26
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? 202 THE LIFE OF
"As it is not my intention to return to congress, I take
this opportunity to make my respectful acknowledgments
to the legislature, for the honourable mark of confidence
conferred upon me by having chosen me to represent the
state in that body. I shall be happy if my conduct has
been agreeable to them. "
During the various progressive steps towards the estab-
lishment of a national revenue, and the adjustment of the
claims of the army, Colonel Hamilton's attention had also
been directed to other matters of permanent interest.
Soon after his appointment as chairman of the military
committee, he took into view a branch of the service,
which, from the amount of the expenditure, its connection
with the comforts of the army, and its previous inefficien-
cy, was a subject of prominent importance--the Quarter-
master-general's Department.
The difficulties attendant upon a proper establishment
for the military supplies, have been frequently adverted
to. While a member of the committee of co-operation,
General Schuyler had, after urging General Greene to con-
tinue at the head of this department, strenuously pressed
the adoption of a plan framed by Hamilton, stating in a
letter to congress, " that the business should be prosecuted
in the most spirited manner, and upon the largest estimate. "
This plan was not adopted; frequent modifications of the
system were made, the last on the twenty-eighth October,
seventeen hundred and eighty-two. This drew from the
quartermaster-general a letter, setting forth the necessity
of a change.
Hamilton framed a new organization, gave to the quar-
termaster-general the appointment of all the officers be-
longing to this department, designated them, defined their
compensation, specified the means of transportation to be
allotted to each rank in the army, and their respective
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? HAMILTON.
203
forage and subsistence, providing checks upon the is-
sues.
In consequence of a letter from the president of the
state of Pennsylvania respecting a peace with the Indians,
he framed a report in which--after reciting that by the
ninth article of the confederation the sole and exclusive
right and power of regulating the trade and managing all
the affairs with the Indians, not members of any of the
states, was in the United States--it was declared that the
superintendence of Indian affairs should be annexed to
the department of war. That there should be an immedi-
ate suspension of hostilities with them, and that four agents,
one for each of four districts, embracing the eastern, nor-
thern, southern, and western Indians, should be appointed
to negotiate treaties. Lest the exercise of this power
should be interpreted into a waiver of any rights, a pro-
viso was added that the preceding measures of congress
shall not be construed to affect the territorial claims of any
of the states, or their legislative rights, within their re-
spective limits. *
He also, as chairman of the committee on peace ar-
rangements, sensible of the great importance of arranging
the executive departments, drew a report in relation to the
department of foreign affairs- f
It provided that the secretary of that department should
be considered as the head of the diplomatic corps. To re-
move any doubts which may have existed as to the nature
of the office, it was declared to be his duty to lay before
congress such plans for conducting the political and com-
mercial intercourse of the United States with foreign na-
tions, as might appear to him conducive to their interest.
He was to be entitled to the same salary and allowances as
were provided for a minister at a foreign court, and to
? April 21.
t May 8.
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THE LIFE OF
have an official secretary to be nominated by himself, to
receive the same compensation as a secretary of an em-
bassy. The compensation of each minister was also spe-
cified. He was to be invested with consular powers, and
to be at the same time consul-general in the country
where he resided; having the control of all vice-consuls
or inferior commercial agents, but not to be at liberty to
engage directly or indirectly in any traffic. Vice-consuls
were to be appointed without salaries, but with permission
to trade.
The secretary of foreign affairs, in order to carry this
plan into effect, was directed to prepare and lay before
congress an ordinance for regulating the consular powers
and privileges, and a plan of a convention to be entered
into with foreign powers for that purpose.
A proposition was also at this time introduced* which
has a grateful aspect amid the serious responsibilities inci-
dent to war.
During the previous year, General Schuyler offered a
resolution in the legislature of New-York to secure copy-
rights to authors and publishers. A recommendation was
now made to the states to secure this right for fourteen
years, renewable for a similar term.
Hamilton had, at an early period, expressed the opinion,
that in " the existing constitution an army was essential to
the American union. " It was not less important as a se-
curity against foreign aggression, than as a necessary mean
of preserving domestic tranquillity.
It has been seen that he had invited Washington to com-
municate his views as to a peace establishment. A reply
was received from him, containing a memorial and sugges-
tions from different officers of the general staff, and re-
minding congress of the necessity of occupying the posts
* By Dr. H. Williamson.
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? HAMILTON.
205
the moment they were evacuated. In his late letter to the
governor of New-York, Hamilton had informed him that
a report of a plan for a continental peace establishment
was then before them. The draft of this report, in his
hand, exists among his papers. It was prefaced by the
following important observations.
"Before any plan with propriety can be determined for
a military peace establishment, it is necessary to ascertain
what powers exist for that purpose in the confederation.
"First--By the fourth clause of the sixth article it is de-
clared, that no vessels of war shall be kept up by any state,
in time of peace, except such number only as shall be
deemed necessary by the United States, in congress assem-
bled, for the defence of such state or its trade; nor shall
any body of forces be kept up by any state in time of
peace, except such number only as in the judgment of the
United States, in congress assembled, shall be deemed re-
quisite to garrison the posts necessaiy for the defence of
such state.
"Secondly--By the fifth clause of the ninth article, the
United States, in congress assembled, are empowered gene-
rally (and without mention of peace or war) to build and
equip a navy, to agree upon the number of land forces,
and to make requisitions from each state for its quota, in
proportion to the number of white inhabitants in each
state, which requisition shall be binding; and thereupon the
legislature of each state shall appoint the regimental offi-
cers, raise the men, and clothe, arm, and equip them in a
soldier-like manner, at the expense of the United States;
and the officers and men so clothed, armed, and equipped,
shall march to the place appointed, and within the time
agreed on by the United States, in congress assembled.
"Thirdly--By the fourth clause of the same article, the
United States are empowered to appoint all officers of the
land forces in the service of the United States, excepting
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? 206
THE LIFE OF
regimental officers, to appoint all officers of the naval
forces, and to commission all officers whatever in the ser-
vice of the United States, making rules for the govern-
ment and regulation of the said land and naval forces, and
directing their operations.
"It appears to the committee that the terms of the first
clause are rather restrictive on the particular states, than
directory to the United States; intended to prevent any
state from keeping up forces, land or naval, without the
approbation and sanction of the union, which might en-
danger its tranquillity and harmony, and not to contravene
the positive power vested in the United States by the
subsequent clauses, or to deprive them of the right of
taking such precautions as should appear to them essential
to the general security. A distinction that this is to be
provided for in time of war by the forces of the union, in
time of peace by those of each state, would involve, beside
other inconveniences, this capital one--that when the forces
of the union should become necessary to defend its rights,
and repel any attacks upon them, the United States would
be obliged to begin to create, at the very moment they
would have occasion to employ, a fleet and army. They
must wait for an actual commencement of hostilities before
they would be authorized to prepare for defence, to equip
a single regiment, or to build a single ship.
"When it is considered what a length of time is requisite
to levy and form an army, and still more to build and equip
a navy, which is evidently a work of leisure and of peace,
requiring a gradual preparation of the means, there cannot
be presumed so improvident an intention in the confeder-
ation, as that of obliging the United States to suspend all
provision for the common defence until a declaration of
war, or an invasion. If this is admitted, it will follow that
they are at liberty to make such establishments in time of
peace as they shall judge requisite to the common (safety.
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? HAMILTON.
207
"This is a principle of so much importance in the appre-
hension of the committee to the welfare of the union, that
if any doubt should exist as to the true meaning of the first
mentioned clause, it will, in their opinion, be proper to ad-
mit such a construction as will leave the general power
vested in the United States by the other clauses in full
force, unless the states respectively or a majority of them
shall declare a different interpretation.
"The committee, however, submit to congress (in con-
formity to that spirit of candour, and to that respect for
the sense of their constituents which ought ever to charac-
terize their proceedings,) the propriety of transmitting the
plan which they may adopt to the several states, to afford
an opportunity of signifying their sentiments previous to
the final execution.
"The committee are of opinion, if there is a constitu-
tional power in the United States for that purpose, that
there are conclusive reasons in favour of federal in pre-
ference to state establishments. First, there are objects
for which separate provision cannot conveniently be made;
posts within certain districts, the jurisdiction and property
of which are not yet constitutionally ascertained--territory
appertaining to the United States not within the original
claim of any of the states--the navigation of the Missis-
sippi, and of the lakes--the rights of the fisheries, and
of foreign commerce; all which, belonging to the United
States, depending on the laws of nations and on treaty,
demand the joint protection of the union, and cannot with
propriety be trusted to separate establishments.
"Secondly--The fortifications proper to be established
ought to be constructed with relation to each other, on a
general and well-digested system, and their defence should
be calculated on the same principles. This is equally im-
portant in the double view of safety and economy. If
this is not done under the direction of the United States,
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? 208 THE LIFE OF
each state following a partial and disjointed plan, it will
be found that the posts will have no mutual dependence
or support; that they will be improperly distributed, and
more numerous than is necessary, as well as less efficacious,
of course more easily reduced, and more extensive both in
the construction and defence.
"Thirdly--It happens that, from local circumstances,
particular states, if left to take care of themselves, would be
in possession of the chief part of the standing forces, and
of the principal fortified places of the union, a circum-
stance inconvenient to them and to the United States: to
them, because it would impose a heavy exclusive burden,
in a matter the benefit of which will be immediately shared
by their neighbours, and ultimately by the states at large;
to the United States, because it confides the care of the
safety of the whole to a part, which will naturally be un-
willing as well as unable to make such effectual provision,
at its particular expense, as the common welfare requires;
because a single state, from the peculiarity of its situation,
will in a manner keep the keys of the United States; be-
cause, in fine, a considerable force in the hands of a few
states may have an unfriendly aspect, in the confidence
and harmony which ought carefully to be maintained be-
tween the whole.
"Fourthly--It is probable that a provision by the Uni-
ted States of the forces necessary to be kept up will be
made upon a more systematic and economical plan, than a
provision by the states separately; especially as it will be
of importance, as soon as the situation of affairs will per-
mit, to establish foundries, manufactories of arms, pow-
der, &c. , by means of which, the labour of part of the
troops applied to this purpose will furnish the United
States with those essential articles on easy terms, and
contribute to their own support.
"Fifthly--There must bo a corps of artillery and engi-
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? HAMILTON.
209
neers kept on foot in time of peace, as the officers of this
corps require science and long preliminary study, and
cannot be formed on an emergency, and as the neglect of
this institution would always oblige the United States to
have recourse to foreigners, in time of war, for a supply
of officers in this essential Branch; an inconvenience
which it ought to be the object of every nation to avoid.
Nor indeed is it possible to dispense with the services of
such a corps in time of peace, as it will be indispensable
not only to have posts on the frontier, but to have fortified
harbours for the reception and protection of the fleet of
the United States. This corps requiring particular insti-
tutions for the instruction and formation of the officers,
cannot exist upon separate establishments without a great
increase of expense.
"Sixthly--It appears from the annexed papers, No. 1
to 4, to be the concurrent opinion of the committee in
council, the secretary at war, the inspector-general, and
the chief engineer, not only that some military establish-
ment is indispensable, but that it ought in all respects to
be under the authority of the United States, as well for
military as political reasons. The plan hereafter submit-
ted, on considerations of economy is less extensive than
proposed by either of them. "
This report contemplated a Peace establishment of four
regiments of infantry, and one of artillery, with two addi-
tional battalions to be incorporated in a corps of engi-
neers, and a regiment of dragoons. Its details will be the
subject of future observation.
As the articles of confederation required the regimental
officers to be appointed by the states, it proposed that they
should transfer this right to congress, and also that the men
should be enlisted under continental direction, " as a more
certain and a more frugal mode. " The promotions to be
made regimentally to the rank of colonel according to sen-
27
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iority; with an interesting provision," that no officer of any
corps shall consider it as a violation of his rights, if any
other, who has been fortunate enough to have an opportu-
nity of distinguishing himself in a particular manner, re-
ceives an extra promotion in the corps on account of
brilliant services or peculiar talents. " A general survey is
suggested preparatory to the adoption of a general system
of land fortifications.
Maritime fortifications, though pronounced "of the
highest importance," could not be immediately undertaken;
but an agent of marine is recommended, to obtain all the
lights and prepare all the means previously requisite to
the establishment of ports, and the formation of a navy to
be constructed and equipped on a plan deliberately com-
bined in all its parts. The establishment of arsenals, and
magazines of such articles as are not of a perishable na-
ture, equal to the complete equipment of thirty thousand
men for the field, or for a siege calculated on a three years'
supply, was also suggested; and Springfield in Massachu-
setts, West Point, a convenient position on James river,
and Camden in South Carolina, were proposed as the
places of deposit.
The institution of military academies was thought pre-
mature, and a substitute was given in the plan of the engi-
neer corps. Hamilton advised that a plan for the erection
of manufactories of arms and foundries should be pre-
pared by the secretary at war, to be made a serious object
of policy as soon as the situation of public affairs would
permit. A complete general staff during peace he thought
unnecessary, and proposed that the staff should consist of a
general officer to command the troops, another to com-
mand the corps of engineers and artillery, and an inspector-
general. In time of war, two regiments to form a brigade,
with a brigadier to each.
The details of a general hospital for the reception of the
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? HAMILTON.
211
invalids of the army and navy are given; and as the exist-
ence of a corps of cavalry was deemed of great importance
to the southern states, it proposed that the commissioned
officers should be appointed. The total annual expense of
this establishment was estimated at three hundred and
forty thousand dollars; from which deducting the product
of the manufactories in which the artillerists and artificers
were to be employed, the charge against the United States
would not exceed two hundred and forty-seven thousand
dollars. If this were thought too large an expense, a mode
was indicated for its further reduction; and as the officers
to be retained would be taken from the existing army,
their half-pay would constitute another diminution of the
public charge. Such a provision for the common defence
was deemed necessary, and the only question was stated
to be, whether it should be borne by the United States or
by the particular states; in which last case, it would proba-
bly be increased for want of general system.
This report also embraced the outline of a plan for class-
ing and disciplining the militia, whose organization was
pronounced a constitutional duty.
With a view to a more perfect system, a military board
was proposed to be formed to revise the regulations and
digest a general ordinance for the service of the troops of
the United States, and another for the service of the mili-
tia; who, as intended to be constituted, would have formed
an efficient arm of defence.
A plan involving such important considerations would
arouse in the state party vehement opposition.
The exhausted resources of the country would be urged
as an objection, the dangers of a standing army insisted
on, and the constitutional power denied. These objections,
where the motives to a peace establishment were so co-
gent, would naturally call forth a vigorous defence on the
part of Hamilton.
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The preamble of the report gives the outline of his con-
stitutional argument. Its policy would be defended by a
reference to the great national and common interests of
the confederacy, which could only be protected by its uni-
ted exertions directed by one will. The alarm of danger
from a standing army would be met by an appeal to the
recent experience of the country and to the lessons of
history.
A fragment of notes for the concluding observations of
Hamilton's speech on this occasion exists. He stated that
it was "an absurdity that congress are empowered to build
and equip a navy, and yet, in time of peace, the states are
to keep up one in their own defence. There must be a
navy formed in time of peace; it ought to be proportioned
to our defence, and will then be in all the hands instead of
those of certain states. --Congress, constituted as they are,
cannot have time for usurpation; usurpation in such an ex-
tensive empire, requires long previous preparation, &c. --
People seldom reform with moderation. --Men accustomed
to read of usurpations suddenly effected in small cities,
look upon such a thing as the work of a day. --The weak
side of democracies, is danger of foreign corruption. No
individual has sufficient interest in the state to be proof
against the seduction. --The want of an army lost the lib-
erty of Athens. "
The legislature of New-York, alive to the importance
of garrisoning the western posts immediately upon their
evacuation, passed a vote in the month of March, request-
ing their delegates in congress to obtain a resolution in
conformity to the sixth article of the confederation, de-
claring the number of troops they should deem necessary
for that purpose, stating the opinion of the legislature that
a body not exceeding five hundred men would be adequate
to that object, and their wish that the force should consist
of New-York state troops who had been enlisted, and
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? HAMILTON. 213
were in the pay of congress, but whom they desired that
the United States should declare thenceforth to be con-
sidered in the service of the state, and not in the pay or
service of the United States; requesting munitions and
provisions to be furnished by congress, but to be eventual-
ly charged separately to the state.
The letter from General Washington suggesting the
propriety of occupying these posts with a portion of the
troops of the United States, had been* referred to a com-
mittee, of which Colonel Hamilton, Madison, Osgood,
Ellsworth, and Wilson, were members.
Hamilton submitted a report to congress, directing the
commander-in-chief, whenever the frontier posts should be
evacuated, to place therein of the troops under his com-
mand enlisted for three years such force as he might judge
necessary to hold and secure them, until further measures
should be adopted for their security, for a term not to ex-
ceed nine months.
The consideration of this report, which was commenced
on the eighth of May, was postponed by the state of Vir-
ginia until the twelfth, when it was adopted. Ten states
voted in the affirmative, Bland, Lee, and Mercer, the
members from Virginia, being against it.
The course which Hamilton took upon this question,
gave rise to much dissatisfaction in the minds of a portion
of his constituents. The views of Clinton, the governoi
of New-York, were widely different, and the proceedings
of the legislature of that state were in accordance with
those views.
Soon after Hamilton had retired from congress, Clinton
addressed a general letter to the delegates in that body.
Among other observations, he remarked in this letter, " I
would take this opportunity also of calling your attention
* May 3, 1783.
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to concurrent resolutions of the legislature respecting the
garrisoning of the western posts in this state, which, by
the provisional treaty, are to be evacuated by the British,
These resolutions were in the tenor of instructions to our
delegates, and were immediately transmitted to them; but
as I have not been favoured with any official information
of the result, I submit it to you, whether some report on
a subject so interesting to the state may not be necessary
for the satisfaction of the legislature. From informal
communications made to me by the commander-in-chief, I
have reason to believe that he has directions from con-
gress for garrisoning those posts with continental troops,
and that he is making arrangements for that purpose.
But as you will observe that it was the sense of the legis-
lature that those posts should have been garrisoned by the
state, an explanation of the subject becomes the more ne-
cessary; and it is now for this reason alone, I would re-
quest that you would be pleased to favour me with a par-
ticular detail of the motives which influenced the deter-
mination of congress on this occasion. For it will readily
be perceived, that should congress at this late day accede
to the propositions made by the state, it might be imprac-
ticable to carry them into execution; especially as I have
not ventured, in the state of uncertainty in which I was
left, to incur the expense which the necessary preparations
for the purpose would have required. "
Hamilton, seeing the advantage which was sought to be
derived by the state party from the jealousies on this sub-
ject, replied at large:--
"I have lately received from Messrs. Duane and L'Hom-
medieu an extract of a letter from your excellency to the
delegates, of the twenty-third of August last, requesting a
particular detail of the motives which influenced the deter-
mination of congress respecting the application of the legis-
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? HAMILTON.
215
lature to have their state troops released from continental
pay, for the purpose of garrisoning the frontier posts.
"In my letters to your excellency of the first of June
and twenty-seventh of July, which were intended to be
official, I summarily informed you that congress had made
temporary provision for garrisoning the frontier posts, and
that a plan was under deliberation relative to a peace estab-
lishment, which would of course embrace that object per-
manently; that, such temporary provision being made at
the common expense, and a general plan being under con-
sideration for the future, I had declined pressing a compli-
ance with the application of the legislature, conceiving it
to be more for the interest of the state that the expense
should be jointly borne, than that it should fall exclusively
upon itself.
"I did not enter into a more full detail upon the subject,
because the business continued, to the time I left congress,
in an undecided state, and it was impossible to judge what
views would finally prevail. The concurrent resolutions
of the two houses had been, immediately on their receipt,
referred to a committee appointed to report on a peace
establishment, who had suspended their report on these
resolutions till it should appear what would be the fate of
a general plan which had been submitted.
"As to the motives that influenced congress in making
the provision they did make, rather than immediately as-
senting to the application of the state, as far as I was able
to collect them, they were these :--The opinions of many
were unsettled as to the most eligible mode of providing
for the security of the frontiers consistent with the con-
stitution, as well with respect to the general policy of the
union, as to considerations of justice to those states whose
frontiers were more immediatelyexposed. A considerable
part of the house appeared to think, from reasons of a very
cogent nature, that the well-being of the Union required a
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THE LIFE OF
federal provision for the security of the different parts,
and that it would be a great hardship to individual states,
peculiarly circumstanced, to throw the whole burden of
expense upon them, by recurring to separate provisions in
a matter, the benefit of which would be immediately shared
by their neighbours, and ultimately by the union at large;
that indeed it was not probable particular states would be
either able, or, upon experiment, willing, to make competent
provision at their separate expense; and that the principle
might eventually excite jealousies between the states, un-
friendly to the common tranquillity.
"I freely confess I was one who held this opinion.
Questions naturally arose as to the true construction of
the articles of confederation upon this head; questions as
delicate as interesting, and as difficult of solution. On one
hand, it was doubted whether congress were authorized by
the confederation to proceed upon the idea of a fcederal
provision; on the other, it was perceived that such a con-
trary construction would be dangerous to the union, in-
cluding, among other inconveniences, this consequence--
that the United States, in congress, cannot raise a single
regiment, or equip a single ship, for the general defence,
till after a declaration of war, or an actual commencement
of hostilities.
"In this dilemma on an important constitutional ques-
tion, and other urgent matters depending before congress,
and the advanced season requiring a determination upon
the mode of securing the western posts, in case of a sur-
render this fall, all sides of the house concurred in making
a temporary provision in the manner which has been com-
municated.
"My apprehension of the views of the legislature was
simply this, that, looking forward to a surrender of the
posts, and conceiving, from some expressions in the arti-
cles of confederation, that separate provision was to be
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? HAMILTON.
217
made for the frontier garrisons, they had thought it expe-
dient to apply the troops already on foot to that purpose,
and to propose to congress to give their sanction to h.
Under this apprehension--reflecting, besides, that those
troops were engaged only for a short period, upon a very
improper establishment to continue, on account of the enor-
mous pay to the private men, and that the expense which
is now shared by all, and which would have fallen solely
upon the state, had the application been complied with,
would probably be at the rate of nearly eighty thousand
dollars per annum, a considerable sum for the state in its
present situation--I acknowledge to your excellency that
I saw with pleasure, rather than regret, the turn which
the affair took. I shall be sorry, however, if it has contra-
vened the intentions of the legislature.
"I will take the liberty to add, upon this occasion, that it
has always appeared to me of great importance, to this
state in particular, as well as to the union in general, that
federal, rather than state, provision should be made for the
defence of every part of the confederacy, in peace as well
as in war. Without entering into arguments of general
policy, it will be sufficient to observe, that this state is in
all respects critically situated. Its relative position, shape,
and intersections, viewed on the map, strongly speak this
language--' Strengthen the confederation; give it exclu-
sively the power of the sword; let each state have no forces
but its militia. '
"As a question of mere economy, the following consider-
ations deserve great weight.
knowledged that he began to view the obligation of the provisional treaty in
a different light, and in consequence, wished to vary the direction of the
commander-in-chief from a positive to a preparatory one; as his motion on
the Journal states. "--The real motive to that proposed variance has been suf-
ficiently shown.
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? HAMILTON.
195
velops, explains, and fixes more precisely what may have
been too generally expressed in the former. Suppose the
British should now send away not only the negroes, but
all other property, and all the public records in their pos-
session belonging to us, on the pretence above stated;
should we not justly accuse them with breaking faith? Is
not this already done in the case of the negroes who have
been carried away, though founded upon a very different
principle, a doubtful construction of the treaty, not a de-
nial of its immediate operation. In fine, is it our interest to
advance this doctrine, and to countenance the position,
that nothing is binding till the definitive treaty, when there
are examples of years intervening between preliminary
and definitive treaties?
Sir Guy Carleton in his correspondence has appeared to
consider the treaty as immediately obligatory, and it has
been the policy which I have preferred, to promote the
same idea. I am not indeed apprehensive of a renewal of
the war, for peace is necessary to Great Britain; I think
it also most probable her disposition to conciliate this coun
try will outweigh the resentments which a breach of our
engagements is calculated to inspire. But with a treaty
which has exceeded the hopes of the most sanguine, which
in the articles of boundary and of the fisheries is even bet-
ter than we asked, circumstanced as this country is with re-
spect to the means of making war, I think it the height of
imprudence to run any riski Great Britain, without re
commencing hostilities, may evade parts of the treaty.
She may keep possession of the frontier posts. She may
obstruct the free enjoyment of the fisheries. She may be
indisposed to such extensive concessions in matters of com-
merce as it is our interest to aim at. In all this she would
find no opposition from any foreign power, and we are
not in a condition to oblige her to any thing.
If we imagine that France, obviously embarrassed her-
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THE LIFE OF
self in her finances, would renew the war to oblige Great
Britain to the restoration of our frontier posts, or to a
compliance with the stipulations respecting the fisheries,
(especially after a manifest breach of the treaty on our
part,) we speculate much at random. Observations might
be made on the last article which would prove that it is
not the policy of France to support our interests there.
Are we prepared, for the mere gratification of our re-
sentments, to put these great national objects at hazard--to
leave our western frontier in a state of insecurity--to re-
linquish the fur trade, and to abridge our pretensions to
the fisheries?
Do we think national character so light a thing, as to be
willing to sacrifice the public faith to individual animosity?
Let the case be fairly stated. Great Britain and Ameri-
ca, two independent nations at war--the former in pos-
session of considerable posts and districts of territory be-
longing to the latter, and also of the means of obstructing
certain commercial advantages in which it is deeply inter-
ested.
It is not uncommon in treaties of peace for the uti possi-
detis to take place. Great Britain, however, in the present
instance stipulates to restore all our posts or territory in
her possession. She even adds an extent not within our
original limits, more than a compensation for a small part
ceded in another quarter. She agrees to readmit us to a
participation in the fisheries. What equivalent do we
give for this? Congress are to recommend the restora-
tion of property to those who have adhered to her, and
expressly engage that no future injury shall be done them
in person, liberty, or property.
This is the sole condition on our part where there is not
an immediate reciprocity, (the recovery of debts and liber-
ation of prisoners being mutual;) the former indeed is only
declaring what the rights of private faith, which all civil-
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? ITAMILTON.
197
ized nations hold sacred, would have dictated without it,
and stands as the single equivalent for all the restitutions
and concessions to be made by Great Britain. Will it be
honest in us to violate this condition, or will it be prudent
to put it in competition with all the important matters to
be performed on the other side? Will foreign nations be
willing to undertake any thing with us or for us, when
they find that the nature of our government will allow no
dependance to be placed upon our engagements?
I have omitted saying any thing of the impolicy of in-
ducing, by our severity, a great number of useful citizens,
whose situations do not make them a proper object of re-
sentment, to abandon the country, to form settlements that
will hereafter become our rivals, animated with a hatred to
us which will descend to their posterity. Nothing, however,
can be more unwise than to contribute, as we are doing, to
people the shores and wilderness of Nova Scotia, a colony,
which, by its position, will become a competitor with us,
among other things, in that branch of commerce on which
our navigation and navy will essentially depend--I mean
the fisheries, in which I have no doubt the state of New
York will hereafter have a considerable share.
To your excellency I freely deliver my sentiments, be-
cause I am persuaded you cannot be a stranger to the
force of these considerations. I fear not even to hazard
them to the justice and good sense of those I have the hon-
our to represent. I esteem it my duty to do it, because the
question is important to, the interests of the state, in its re-
lation to the United States.
Those who consult only their passions, might choose to
construe what I say as too favourable to a set of men who
have been the enemies of the public liberty; but those for
whose esteem I am most concerned, will acquit me of any
personal considerations, and will perceive that I only urge
the cause of national honour, safety, and advantage. We
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have assumed an independent station, we ought to feel and
to act in a manner consistent with the dignity of that
station.
I anxiously wish to see every prudent measure taken to
prevent those combinations which will certainly disgrace
us, if they do not involve us in other calamities. Whatev-
er distinctions are judged necessary to be made in the
cases of those persons who have been in opposition to the
common cause, let them be made by legal authority, on a
fair construction of the treaty, consistent with national
faith and national honour.
P. S. --Your excellency will have been informed that
congress have instructed General Washington to garrison
the frontier posts, when surrendered, with the three years
continental troops. This is more for the interest of the
state than to have them garrisoned at its particular ex-
pense; and I should wish that permanent provision might
be made on the same principles. I wait to see whether
any continental peace establishment for garrisons will take
place, before I engage the consent of congress to a sepa-
rate provision. I cannot forbear adding a word on the
subject of money. The only reliance we now have for
redeeming a large anticipation on the public credit, already
made and making for the benefit of the army, is on the tax-
es coming in. The collection hitherto is out of all propor-
tion to the demand. It is of vast consequence at this
juncture that every thing possible should be done to for-
ward it. I forbear entering into details which would be
very striking on this subject. I will only say, that unless
there is a serious exertion in the states, public credit must
ere long receive another shock, very disagreeable in its
consequences, &c. "
It has been observed that the territorial controversy be-
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? HAMILTON.
199
tween New-York and the people of Vermont had remain-
ed, at the commencement of this congress, unadjusted.
Congress had never acted with decision on this subject.
New-England, with the exception of New-Hampshire, was
in favour of the disaffected party. Some of its leading men
denied the right of congress to interfere; most doubted
the expediency. The four states south of New-York also
favoured their pretensions. She was only sustained by
the southern states--jealous of the east--unwilling to ad-
mit into the union another small state to enjoy equal politi-
cal weight, and to have a voice in respect to their western
claims. But New-York entertained no doubt of her rights,
and looked with extreme jealousy on any interference with
them. Several individuals who acknowledged their alle-
giance to her had been banished by Vermont, and their es-
tates confiscated. This procedure was brought before
congress on the fifth of December, by a resolution second-
ed by Hamilton, declaring it to be "highly derogatory to
the authority of the United States, and dangerous to the
confederacy;" requiring restitution of the confiscated
property, and pledging themselves to enforce it. After
several proposed modifications, it passed. The only object
of this resolution was to prevent hostile collisions until
the question of jurisdiction should be settled, or at least
until the termination of the war. But the enforcement of
it would be extremely difficult in a country of mountains
and defiles, by troops, most of whom were from the eastern
states, and all averse to such a conflict. When Hamilton
proposed this resolution, he had recently taken his seat in
congress, and was uninformed of the diversity of the views
entertained by its members on this subject. As soon as
he ascertained the true position of the question, he wrote
to Clinton suggesting a compromise. The governor repli-
ed that the prevailing opinion of the state was, that a par-
tial compromise would be improper, as congress had en-
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gaged to make a final decision of the controversy. He
thought, however, that if the summit of the mountains
should be designated by them as the boundary, New-York
would submit to it " for the sake of peace. "
Hamilton again adverted to this subject:--
"A few days since I was honoured with your excellen-
cy's letter of the , and was glad to find your ideas
on the subject corresponded with mine. As I shall in a
day or two take leave of Congress, I think it my duty to
give my opinion to the legislature in a matter of impor-
tance to the state, which has been long depending, and
is still without a prospect of termination, in the train in
which it has been placed. I mean the affair of the grants.
It is hazardous to pass a positive judgment on what will
happen in a body so mutable as that of congress; but from
all I have seen, I have come to a settled opinion, that no
determination will be taken and executed by them in any
other manner than in that prescribed by the confedera-
tion. There is always such a diversity of views and inter-
ests, so many compromises to be made between different
states, that in a question of this nature, the embarrassments
of which have been increased by the steps that have pre-
ceded, and in which the passions of the opposite sides have
taken a warm part, decision must be the result of neces-
sity. While congress have a discretion, they will procras-
tinate; when they are bound by the constitution, they
must proceed.
"It is therefore my opinion that it will be advisable for
the legislature, when they meet, to revive the question, and
either to relinquish their pretensions to the country in dis-
pute, or to instruct their delegates, if a decision is not had
within a limited time, to declare the submission to con-
gress revoked, and to institute a claim according to the
principles of the confederation. It would be out of my
province to discuss which side of the alternative ought, in
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? HAMILTON. 201
policy, to prevail; but I will take the liberty to observe,
that if the last should be preferred, it would be expedient
to remove every motive of opposition from private claims,
not only by confirming in their full latitude, previous to the
trial, the possessions of the original settlers, but even the
grants of the usurped government. It may happen that it
will be eventually necessary to employ force; and in this
case, it would be of great importance that neither the in-
habitants of the grants, nor powerful individuals in other
states, should find their private interest in contradiction to
that of the state. This has already had great influence in
counteracting our wishes, would continue to throw impedi-
ments in the way of ulterior measures, and might at last
kindle a serious flame between the states.
"I communicated to your excellency in a former letter,
that I had declined pressing the application of the legisla-
ture to congress respecting the state troops for garrison-
ing the frontier posts, because temporary provision had
been made in another way, which would save the state
the immediate expense; and because there was a prospect
of some general provision for the defence of the frontiers,
on a continental establishment, which was to be preferred
on every account. A report for this purpose is now be-
fore congress, but the thinness of the representation has for
some time retarded, and still retards its consideration.
The definitive treaty has not yet arrived, but from accounts
which, though not official, appear to deserve credit, it may
daily be expected. A gentleman known and confided in
has arrived at Philadelphia, who informs that he saw a
letter from Dr. Franklin to Mr. Barkely, telling him that
the definitive treaties were signed the seventh of May, be-
tween all the parties; that New York was to be evacuated
in six months from the ratification of the preliminaries in
Europe, which will be the twelfth or fifteenth of next
month.
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? 202 THE LIFE OF
"As it is not my intention to return to congress, I take
this opportunity to make my respectful acknowledgments
to the legislature, for the honourable mark of confidence
conferred upon me by having chosen me to represent the
state in that body. I shall be happy if my conduct has
been agreeable to them. "
During the various progressive steps towards the estab-
lishment of a national revenue, and the adjustment of the
claims of the army, Colonel Hamilton's attention had also
been directed to other matters of permanent interest.
Soon after his appointment as chairman of the military
committee, he took into view a branch of the service,
which, from the amount of the expenditure, its connection
with the comforts of the army, and its previous inefficien-
cy, was a subject of prominent importance--the Quarter-
master-general's Department.
The difficulties attendant upon a proper establishment
for the military supplies, have been frequently adverted
to. While a member of the committee of co-operation,
General Schuyler had, after urging General Greene to con-
tinue at the head of this department, strenuously pressed
the adoption of a plan framed by Hamilton, stating in a
letter to congress, " that the business should be prosecuted
in the most spirited manner, and upon the largest estimate. "
This plan was not adopted; frequent modifications of the
system were made, the last on the twenty-eighth October,
seventeen hundred and eighty-two. This drew from the
quartermaster-general a letter, setting forth the necessity
of a change.
Hamilton framed a new organization, gave to the quar-
termaster-general the appointment of all the officers be-
longing to this department, designated them, defined their
compensation, specified the means of transportation to be
allotted to each rank in the army, and their respective
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? HAMILTON.
203
forage and subsistence, providing checks upon the is-
sues.
In consequence of a letter from the president of the
state of Pennsylvania respecting a peace with the Indians,
he framed a report in which--after reciting that by the
ninth article of the confederation the sole and exclusive
right and power of regulating the trade and managing all
the affairs with the Indians, not members of any of the
states, was in the United States--it was declared that the
superintendence of Indian affairs should be annexed to
the department of war. That there should be an immedi-
ate suspension of hostilities with them, and that four agents,
one for each of four districts, embracing the eastern, nor-
thern, southern, and western Indians, should be appointed
to negotiate treaties. Lest the exercise of this power
should be interpreted into a waiver of any rights, a pro-
viso was added that the preceding measures of congress
shall not be construed to affect the territorial claims of any
of the states, or their legislative rights, within their re-
spective limits. *
He also, as chairman of the committee on peace ar-
rangements, sensible of the great importance of arranging
the executive departments, drew a report in relation to the
department of foreign affairs- f
It provided that the secretary of that department should
be considered as the head of the diplomatic corps. To re-
move any doubts which may have existed as to the nature
of the office, it was declared to be his duty to lay before
congress such plans for conducting the political and com-
mercial intercourse of the United States with foreign na-
tions, as might appear to him conducive to their interest.
He was to be entitled to the same salary and allowances as
were provided for a minister at a foreign court, and to
? April 21.
t May 8.
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have an official secretary to be nominated by himself, to
receive the same compensation as a secretary of an em-
bassy. The compensation of each minister was also spe-
cified. He was to be invested with consular powers, and
to be at the same time consul-general in the country
where he resided; having the control of all vice-consuls
or inferior commercial agents, but not to be at liberty to
engage directly or indirectly in any traffic. Vice-consuls
were to be appointed without salaries, but with permission
to trade.
The secretary of foreign affairs, in order to carry this
plan into effect, was directed to prepare and lay before
congress an ordinance for regulating the consular powers
and privileges, and a plan of a convention to be entered
into with foreign powers for that purpose.
A proposition was also at this time introduced* which
has a grateful aspect amid the serious responsibilities inci-
dent to war.
During the previous year, General Schuyler offered a
resolution in the legislature of New-York to secure copy-
rights to authors and publishers. A recommendation was
now made to the states to secure this right for fourteen
years, renewable for a similar term.
Hamilton had, at an early period, expressed the opinion,
that in " the existing constitution an army was essential to
the American union. " It was not less important as a se-
curity against foreign aggression, than as a necessary mean
of preserving domestic tranquillity.
It has been seen that he had invited Washington to com-
municate his views as to a peace establishment. A reply
was received from him, containing a memorial and sugges-
tions from different officers of the general staff, and re-
minding congress of the necessity of occupying the posts
* By Dr. H. Williamson.
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? HAMILTON.
205
the moment they were evacuated. In his late letter to the
governor of New-York, Hamilton had informed him that
a report of a plan for a continental peace establishment
was then before them. The draft of this report, in his
hand, exists among his papers. It was prefaced by the
following important observations.
"Before any plan with propriety can be determined for
a military peace establishment, it is necessary to ascertain
what powers exist for that purpose in the confederation.
"First--By the fourth clause of the sixth article it is de-
clared, that no vessels of war shall be kept up by any state,
in time of peace, except such number only as shall be
deemed necessary by the United States, in congress assem-
bled, for the defence of such state or its trade; nor shall
any body of forces be kept up by any state in time of
peace, except such number only as in the judgment of the
United States, in congress assembled, shall be deemed re-
quisite to garrison the posts necessaiy for the defence of
such state.
"Secondly--By the fifth clause of the ninth article, the
United States, in congress assembled, are empowered gene-
rally (and without mention of peace or war) to build and
equip a navy, to agree upon the number of land forces,
and to make requisitions from each state for its quota, in
proportion to the number of white inhabitants in each
state, which requisition shall be binding; and thereupon the
legislature of each state shall appoint the regimental offi-
cers, raise the men, and clothe, arm, and equip them in a
soldier-like manner, at the expense of the United States;
and the officers and men so clothed, armed, and equipped,
shall march to the place appointed, and within the time
agreed on by the United States, in congress assembled.
"Thirdly--By the fourth clause of the same article, the
United States are empowered to appoint all officers of the
land forces in the service of the United States, excepting
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THE LIFE OF
regimental officers, to appoint all officers of the naval
forces, and to commission all officers whatever in the ser-
vice of the United States, making rules for the govern-
ment and regulation of the said land and naval forces, and
directing their operations.
"It appears to the committee that the terms of the first
clause are rather restrictive on the particular states, than
directory to the United States; intended to prevent any
state from keeping up forces, land or naval, without the
approbation and sanction of the union, which might en-
danger its tranquillity and harmony, and not to contravene
the positive power vested in the United States by the
subsequent clauses, or to deprive them of the right of
taking such precautions as should appear to them essential
to the general security. A distinction that this is to be
provided for in time of war by the forces of the union, in
time of peace by those of each state, would involve, beside
other inconveniences, this capital one--that when the forces
of the union should become necessary to defend its rights,
and repel any attacks upon them, the United States would
be obliged to begin to create, at the very moment they
would have occasion to employ, a fleet and army. They
must wait for an actual commencement of hostilities before
they would be authorized to prepare for defence, to equip
a single regiment, or to build a single ship.
"When it is considered what a length of time is requisite
to levy and form an army, and still more to build and equip
a navy, which is evidently a work of leisure and of peace,
requiring a gradual preparation of the means, there cannot
be presumed so improvident an intention in the confeder-
ation, as that of obliging the United States to suspend all
provision for the common defence until a declaration of
war, or an invasion. If this is admitted, it will follow that
they are at liberty to make such establishments in time of
peace as they shall judge requisite to the common (safety.
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? HAMILTON.
207
"This is a principle of so much importance in the appre-
hension of the committee to the welfare of the union, that
if any doubt should exist as to the true meaning of the first
mentioned clause, it will, in their opinion, be proper to ad-
mit such a construction as will leave the general power
vested in the United States by the other clauses in full
force, unless the states respectively or a majority of them
shall declare a different interpretation.
"The committee, however, submit to congress (in con-
formity to that spirit of candour, and to that respect for
the sense of their constituents which ought ever to charac-
terize their proceedings,) the propriety of transmitting the
plan which they may adopt to the several states, to afford
an opportunity of signifying their sentiments previous to
the final execution.
"The committee are of opinion, if there is a constitu-
tional power in the United States for that purpose, that
there are conclusive reasons in favour of federal in pre-
ference to state establishments. First, there are objects
for which separate provision cannot conveniently be made;
posts within certain districts, the jurisdiction and property
of which are not yet constitutionally ascertained--territory
appertaining to the United States not within the original
claim of any of the states--the navigation of the Missis-
sippi, and of the lakes--the rights of the fisheries, and
of foreign commerce; all which, belonging to the United
States, depending on the laws of nations and on treaty,
demand the joint protection of the union, and cannot with
propriety be trusted to separate establishments.
"Secondly--The fortifications proper to be established
ought to be constructed with relation to each other, on a
general and well-digested system, and their defence should
be calculated on the same principles. This is equally im-
portant in the double view of safety and economy. If
this is not done under the direction of the United States,
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? 208 THE LIFE OF
each state following a partial and disjointed plan, it will
be found that the posts will have no mutual dependence
or support; that they will be improperly distributed, and
more numerous than is necessary, as well as less efficacious,
of course more easily reduced, and more extensive both in
the construction and defence.
"Thirdly--It happens that, from local circumstances,
particular states, if left to take care of themselves, would be
in possession of the chief part of the standing forces, and
of the principal fortified places of the union, a circum-
stance inconvenient to them and to the United States: to
them, because it would impose a heavy exclusive burden,
in a matter the benefit of which will be immediately shared
by their neighbours, and ultimately by the states at large;
to the United States, because it confides the care of the
safety of the whole to a part, which will naturally be un-
willing as well as unable to make such effectual provision,
at its particular expense, as the common welfare requires;
because a single state, from the peculiarity of its situation,
will in a manner keep the keys of the United States; be-
cause, in fine, a considerable force in the hands of a few
states may have an unfriendly aspect, in the confidence
and harmony which ought carefully to be maintained be-
tween the whole.
"Fourthly--It is probable that a provision by the Uni-
ted States of the forces necessary to be kept up will be
made upon a more systematic and economical plan, than a
provision by the states separately; especially as it will be
of importance, as soon as the situation of affairs will per-
mit, to establish foundries, manufactories of arms, pow-
der, &c. , by means of which, the labour of part of the
troops applied to this purpose will furnish the United
States with those essential articles on easy terms, and
contribute to their own support.
"Fifthly--There must bo a corps of artillery and engi-
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? HAMILTON.
209
neers kept on foot in time of peace, as the officers of this
corps require science and long preliminary study, and
cannot be formed on an emergency, and as the neglect of
this institution would always oblige the United States to
have recourse to foreigners, in time of war, for a supply
of officers in this essential Branch; an inconvenience
which it ought to be the object of every nation to avoid.
Nor indeed is it possible to dispense with the services of
such a corps in time of peace, as it will be indispensable
not only to have posts on the frontier, but to have fortified
harbours for the reception and protection of the fleet of
the United States. This corps requiring particular insti-
tutions for the instruction and formation of the officers,
cannot exist upon separate establishments without a great
increase of expense.
"Sixthly--It appears from the annexed papers, No. 1
to 4, to be the concurrent opinion of the committee in
council, the secretary at war, the inspector-general, and
the chief engineer, not only that some military establish-
ment is indispensable, but that it ought in all respects to
be under the authority of the United States, as well for
military as political reasons. The plan hereafter submit-
ted, on considerations of economy is less extensive than
proposed by either of them. "
This report contemplated a Peace establishment of four
regiments of infantry, and one of artillery, with two addi-
tional battalions to be incorporated in a corps of engi-
neers, and a regiment of dragoons. Its details will be the
subject of future observation.
As the articles of confederation required the regimental
officers to be appointed by the states, it proposed that they
should transfer this right to congress, and also that the men
should be enlisted under continental direction, " as a more
certain and a more frugal mode. " The promotions to be
made regimentally to the rank of colonel according to sen-
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THE LIFE OF
iority; with an interesting provision," that no officer of any
corps shall consider it as a violation of his rights, if any
other, who has been fortunate enough to have an opportu-
nity of distinguishing himself in a particular manner, re-
ceives an extra promotion in the corps on account of
brilliant services or peculiar talents. " A general survey is
suggested preparatory to the adoption of a general system
of land fortifications.
Maritime fortifications, though pronounced "of the
highest importance," could not be immediately undertaken;
but an agent of marine is recommended, to obtain all the
lights and prepare all the means previously requisite to
the establishment of ports, and the formation of a navy to
be constructed and equipped on a plan deliberately com-
bined in all its parts. The establishment of arsenals, and
magazines of such articles as are not of a perishable na-
ture, equal to the complete equipment of thirty thousand
men for the field, or for a siege calculated on a three years'
supply, was also suggested; and Springfield in Massachu-
setts, West Point, a convenient position on James river,
and Camden in South Carolina, were proposed as the
places of deposit.
The institution of military academies was thought pre-
mature, and a substitute was given in the plan of the engi-
neer corps. Hamilton advised that a plan for the erection
of manufactories of arms and foundries should be pre-
pared by the secretary at war, to be made a serious object
of policy as soon as the situation of public affairs would
permit. A complete general staff during peace he thought
unnecessary, and proposed that the staff should consist of a
general officer to command the troops, another to com-
mand the corps of engineers and artillery, and an inspector-
general. In time of war, two regiments to form a brigade,
with a brigadier to each.
The details of a general hospital for the reception of the
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? HAMILTON.
211
invalids of the army and navy are given; and as the exist-
ence of a corps of cavalry was deemed of great importance
to the southern states, it proposed that the commissioned
officers should be appointed. The total annual expense of
this establishment was estimated at three hundred and
forty thousand dollars; from which deducting the product
of the manufactories in which the artillerists and artificers
were to be employed, the charge against the United States
would not exceed two hundred and forty-seven thousand
dollars. If this were thought too large an expense, a mode
was indicated for its further reduction; and as the officers
to be retained would be taken from the existing army,
their half-pay would constitute another diminution of the
public charge. Such a provision for the common defence
was deemed necessary, and the only question was stated
to be, whether it should be borne by the United States or
by the particular states; in which last case, it would proba-
bly be increased for want of general system.
This report also embraced the outline of a plan for class-
ing and disciplining the militia, whose organization was
pronounced a constitutional duty.
With a view to a more perfect system, a military board
was proposed to be formed to revise the regulations and
digest a general ordinance for the service of the troops of
the United States, and another for the service of the mili-
tia; who, as intended to be constituted, would have formed
an efficient arm of defence.
A plan involving such important considerations would
arouse in the state party vehement opposition.
The exhausted resources of the country would be urged
as an objection, the dangers of a standing army insisted
on, and the constitutional power denied. These objections,
where the motives to a peace establishment were so co-
gent, would naturally call forth a vigorous defence on the
part of Hamilton.
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The preamble of the report gives the outline of his con-
stitutional argument. Its policy would be defended by a
reference to the great national and common interests of
the confederacy, which could only be protected by its uni-
ted exertions directed by one will. The alarm of danger
from a standing army would be met by an appeal to the
recent experience of the country and to the lessons of
history.
A fragment of notes for the concluding observations of
Hamilton's speech on this occasion exists. He stated that
it was "an absurdity that congress are empowered to build
and equip a navy, and yet, in time of peace, the states are
to keep up one in their own defence. There must be a
navy formed in time of peace; it ought to be proportioned
to our defence, and will then be in all the hands instead of
those of certain states. --Congress, constituted as they are,
cannot have time for usurpation; usurpation in such an ex-
tensive empire, requires long previous preparation, &c. --
People seldom reform with moderation. --Men accustomed
to read of usurpations suddenly effected in small cities,
look upon such a thing as the work of a day. --The weak
side of democracies, is danger of foreign corruption. No
individual has sufficient interest in the state to be proof
against the seduction. --The want of an army lost the lib-
erty of Athens. "
The legislature of New-York, alive to the importance
of garrisoning the western posts immediately upon their
evacuation, passed a vote in the month of March, request-
ing their delegates in congress to obtain a resolution in
conformity to the sixth article of the confederation, de-
claring the number of troops they should deem necessary
for that purpose, stating the opinion of the legislature that
a body not exceeding five hundred men would be adequate
to that object, and their wish that the force should consist
of New-York state troops who had been enlisted, and
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? HAMILTON. 213
were in the pay of congress, but whom they desired that
the United States should declare thenceforth to be con-
sidered in the service of the state, and not in the pay or
service of the United States; requesting munitions and
provisions to be furnished by congress, but to be eventual-
ly charged separately to the state.
The letter from General Washington suggesting the
propriety of occupying these posts with a portion of the
troops of the United States, had been* referred to a com-
mittee, of which Colonel Hamilton, Madison, Osgood,
Ellsworth, and Wilson, were members.
Hamilton submitted a report to congress, directing the
commander-in-chief, whenever the frontier posts should be
evacuated, to place therein of the troops under his com-
mand enlisted for three years such force as he might judge
necessary to hold and secure them, until further measures
should be adopted for their security, for a term not to ex-
ceed nine months.
The consideration of this report, which was commenced
on the eighth of May, was postponed by the state of Vir-
ginia until the twelfth, when it was adopted. Ten states
voted in the affirmative, Bland, Lee, and Mercer, the
members from Virginia, being against it.
The course which Hamilton took upon this question,
gave rise to much dissatisfaction in the minds of a portion
of his constituents. The views of Clinton, the governoi
of New-York, were widely different, and the proceedings
of the legislature of that state were in accordance with
those views.
Soon after Hamilton had retired from congress, Clinton
addressed a general letter to the delegates in that body.
Among other observations, he remarked in this letter, " I
would take this opportunity also of calling your attention
* May 3, 1783.
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THE LIFE OF
to concurrent resolutions of the legislature respecting the
garrisoning of the western posts in this state, which, by
the provisional treaty, are to be evacuated by the British,
These resolutions were in the tenor of instructions to our
delegates, and were immediately transmitted to them; but
as I have not been favoured with any official information
of the result, I submit it to you, whether some report on
a subject so interesting to the state may not be necessary
for the satisfaction of the legislature. From informal
communications made to me by the commander-in-chief, I
have reason to believe that he has directions from con-
gress for garrisoning those posts with continental troops,
and that he is making arrangements for that purpose.
But as you will observe that it was the sense of the legis-
lature that those posts should have been garrisoned by the
state, an explanation of the subject becomes the more ne-
cessary; and it is now for this reason alone, I would re-
quest that you would be pleased to favour me with a par-
ticular detail of the motives which influenced the deter-
mination of congress on this occasion. For it will readily
be perceived, that should congress at this late day accede
to the propositions made by the state, it might be imprac-
ticable to carry them into execution; especially as I have
not ventured, in the state of uncertainty in which I was
left, to incur the expense which the necessary preparations
for the purpose would have required. "
Hamilton, seeing the advantage which was sought to be
derived by the state party from the jealousies on this sub-
ject, replied at large:--
"I have lately received from Messrs. Duane and L'Hom-
medieu an extract of a letter from your excellency to the
delegates, of the twenty-third of August last, requesting a
particular detail of the motives which influenced the deter-
mination of congress respecting the application of the legis-
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? HAMILTON.
215
lature to have their state troops released from continental
pay, for the purpose of garrisoning the frontier posts.
"In my letters to your excellency of the first of June
and twenty-seventh of July, which were intended to be
official, I summarily informed you that congress had made
temporary provision for garrisoning the frontier posts, and
that a plan was under deliberation relative to a peace estab-
lishment, which would of course embrace that object per-
manently; that, such temporary provision being made at
the common expense, and a general plan being under con-
sideration for the future, I had declined pressing a compli-
ance with the application of the legislature, conceiving it
to be more for the interest of the state that the expense
should be jointly borne, than that it should fall exclusively
upon itself.
"I did not enter into a more full detail upon the subject,
because the business continued, to the time I left congress,
in an undecided state, and it was impossible to judge what
views would finally prevail. The concurrent resolutions
of the two houses had been, immediately on their receipt,
referred to a committee appointed to report on a peace
establishment, who had suspended their report on these
resolutions till it should appear what would be the fate of
a general plan which had been submitted.
"As to the motives that influenced congress in making
the provision they did make, rather than immediately as-
senting to the application of the state, as far as I was able
to collect them, they were these :--The opinions of many
were unsettled as to the most eligible mode of providing
for the security of the frontiers consistent with the con-
stitution, as well with respect to the general policy of the
union, as to considerations of justice to those states whose
frontiers were more immediatelyexposed. A considerable
part of the house appeared to think, from reasons of a very
cogent nature, that the well-being of the Union required a
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THE LIFE OF
federal provision for the security of the different parts,
and that it would be a great hardship to individual states,
peculiarly circumstanced, to throw the whole burden of
expense upon them, by recurring to separate provisions in
a matter, the benefit of which would be immediately shared
by their neighbours, and ultimately by the union at large;
that indeed it was not probable particular states would be
either able, or, upon experiment, willing, to make competent
provision at their separate expense; and that the principle
might eventually excite jealousies between the states, un-
friendly to the common tranquillity.
"I freely confess I was one who held this opinion.
Questions naturally arose as to the true construction of
the articles of confederation upon this head; questions as
delicate as interesting, and as difficult of solution. On one
hand, it was doubted whether congress were authorized by
the confederation to proceed upon the idea of a fcederal
provision; on the other, it was perceived that such a con-
trary construction would be dangerous to the union, in-
cluding, among other inconveniences, this consequence--
that the United States, in congress, cannot raise a single
regiment, or equip a single ship, for the general defence,
till after a declaration of war, or an actual commencement
of hostilities.
"In this dilemma on an important constitutional ques-
tion, and other urgent matters depending before congress,
and the advanced season requiring a determination upon
the mode of securing the western posts, in case of a sur-
render this fall, all sides of the house concurred in making
a temporary provision in the manner which has been com-
municated.
"My apprehension of the views of the legislature was
simply this, that, looking forward to a surrender of the
posts, and conceiving, from some expressions in the arti-
cles of confederation, that separate provision was to be
? ? Generated for (University of Chicago) on 2014-08-20 03:42 GMT / http://hdl. handle. net/2027/uva. x000275492 Public Domain, Google-digitized / http://www. hathitrust. org/access_use#pd-google
? HAMILTON.
217
made for the frontier garrisons, they had thought it expe-
dient to apply the troops already on foot to that purpose,
and to propose to congress to give their sanction to h.
Under this apprehension--reflecting, besides, that those
troops were engaged only for a short period, upon a very
improper establishment to continue, on account of the enor-
mous pay to the private men, and that the expense which
is now shared by all, and which would have fallen solely
upon the state, had the application been complied with,
would probably be at the rate of nearly eighty thousand
dollars per annum, a considerable sum for the state in its
present situation--I acknowledge to your excellency that
I saw with pleasure, rather than regret, the turn which
the affair took. I shall be sorry, however, if it has contra-
vened the intentions of the legislature.
"I will take the liberty to add, upon this occasion, that it
has always appeared to me of great importance, to this
state in particular, as well as to the union in general, that
federal, rather than state, provision should be made for the
defence of every part of the confederacy, in peace as well
as in war. Without entering into arguments of general
policy, it will be sufficient to observe, that this state is in
all respects critically situated. Its relative position, shape,
and intersections, viewed on the map, strongly speak this
language--' Strengthen the confederation; give it exclu-
sively the power of the sword; let each state have no forces
but its militia. '
"As a question of mere economy, the following consider-
ations deserve great weight.
