"I thought it necessary," Hamilton observes in a letter to
his friend, "not only with a view to your project, but for
the sake of the commercial interests of the state, to start
an opposition to this scheme, and took occasion to point
out its absurdity and inconvenience to some of the most
intelligent merchants, who presently saw matters in a pro-
per light, and began to take measures to defeat the plan.
his friend, "not only with a view to your project, but for
the sake of the commercial interests of the state, to start
an opposition to this scheme, and took occasion to point
out its absurdity and inconvenience to some of the most
intelligent merchants, who presently saw matters in a pro-
per light, and began to take measures to defeat the plan.
Hamilton - 1834 - Life on Hamilton - v2
handle.
net/2027/uva.
x000275492 Public Domain, Google-digitized / http://www.
hathitrust.
org/access_use#pd-google
? HAMILTON.
269
the complete discretion of the legislature, and wholly de-
nying to them the protection of the treaty.
To this production, written by Isaac Ledyard, which
Hamilton designated "a political novelty," he wrote an
answer, entitled "Phocion's second letter, containing re-
marks on Mentor's reply. "
In the beginning, he avowed that "whatever severity
of animadversion had been indulged in his former remarks,
was manifestly directed against a very small number of
men, manifestly aiming at nothing but the acquisition of
power and profit to themselves; and who, to gratify their
avidity for these objects, would trample upon every thing
sacred in society, and overturn the foundations of public
and private security. That it was difficult for a man con-
scious of a firm attachment to the public weal, who sees
it invaded and endangered by such men, under specious
but false pretences, either to think or to speak of their
conduct without indignation; and that it was equally dif-
ficult for one who, in questions that affect the community,
regards principles only and not men, to look with indiffer-
ence on attempts to make the great principles of social
right, justice, and honour, the victims of personal animosi-
ty or party intrigue. "
Having stated a few simple propositions, which em-
braced within their compass the principles of his argu-
ment, and having disproved by a complete and precise
demonstration those of his opponents, he descanted with
much force on the improper multiplication of oaths, and
exposed the specious assertion, made without any limita-
tion, that every government has a right to take precau-
tions for its own security, and to prescribe the terms on
which its rights shall be enjoyed.
"This right," he remarked, " is bounded, with respect to
those who were included in the compact by its original
conditions; only in admitting strangers, it may add new
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TIIE LIFE OF
ones. The rights too of a republican government are to
be modified and regulated by the principles of such a gov-
ernment. These principle's dictate that no man shall lose
his rights, without a hearing and conviction before the
proper tribunal; that previous to his disfranchisement, he
shall have the full benefit of the laws to make his defence;
and that his innocence shall be presumed till his guilt has
been proved. These, with many other maxims never to
be forgotten in any but tyrannical governments, oppose
the aims of those who quarrel with the principles of Pho-
cion. "
"Among the extravagances," he observed, " with which
these prolific times abound, we hear it often said that the
constitution being the creature of the people, their sense
with respect to any measure, if it even stand in opposition
to the constitution, will sanctify and make it right. Hap-
pily for us, in this country, the position is not to be con-
troverted that the constitution is the creature of the peo-
ple; but it does not follow that they are not bound by it,
while they suffer it to continue in force; nor does it follow,
that the legislature, which is, on the other hand, a creature
of the constitution, can depart from it on any presumption
of the contrary sense of the people.
"The constitution is the compact made by the society at
large and each individual. The society, therefore, cannot,
without breach of faith and injustice, refuse to any indi-
vidual a single advantage which he derives under that
compact, no more than one man can refuse to perform his
agreement with another.
"If the community have good reasons for abrogating the
old compact, and establishing a new one, it undoubtedly
has a right to do it; but until the compact is dissolved
with the same solemnity and certainty with which it was
made, the society as well as individuals are bound by it.
"All the authority of the legislature is delegated to them
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? HAMILTON.
271
under the constitution; their rights and powers are there
defined; if they exceed them, 'tis a treasonable usurpation
upon the power and majesty of the people; and by the
same rule that they may take away from a single indi-
vidual the rights he claims under the constitution, they
may erect themselves into perpetual dictators.
"The sense of the people, if urged in justification of the
measure, must be considered as a mere pretext, for that
sense cannot appear to them in a form so explicit and au-
thoritative as the constitution under which they act; and if
it could appear with equal authority, it could only bind when
it had been preceded by a declared change in the form of
government. The contrary doctrine serves to undermine
all those rules by which individuals can know their duties
and their rights, and to convert the government into a
government of will, not of laws. "
The danger of subjugation by England had been warmly
urged. He exhibited her condition at large, to show that it
was groundless--the king at variance with his ministers--
the ministers unsupported by parliament--the lords disa-
greeing with the commons--the nation execrating the
king, ministers, lords, and commons; all these are symp-
toms of a vital malady in the present state of the nation.
He then adverted to another often-repeated apprehension.
"The danger from a corruption of the principles of our
government is more plausible, but not more solid. It is an
axiom that governments form manners, as well as man-
ners form governments.
"The body of the people of this state are too firmly at-
tached to the democracy, to permit the principles of a
small number to give a different tone to that spirit. The
present law of inheritance, making an equal division among
the children of the parent's property, will soon melt down
those great estates, which, if they continued, might favour
the power of the few. The number of the disaffected,
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? 272 THE LIFE OF
who are so from speculative notions of government, is
small. The great majority of those who took part against
us, did it from accident, from the dread of the British
power, and from the influence of others to whom they
had been accustomed to look up. Most of the men who
had that kind of influence are already gone. The residue
and their adherents must be carried along by the torrent,
and with very few exceptions, if the government is mild
and just, will soon come to view it with approbation and
attachment. There is a bigotry in politics, as well as in
religion, equally pernicious to both. The zealots of either
description are ignorant of the advantage of a spirit of
toleration. It is remarkable, though not extraordinary,
that those characters, throughout the states, who have
been principally instrumental in the revolution, are the
most opposed to persecuting measures. Were it proper, I
might trace the truth of this remark, from that character
which has been the first in conspicuousness, through the
several gradations of those, with very few exceptions, who
either in the civil or military line have borne a distin-
guished part. "
Hamilton's great characteristics were firmness and gen-
tleness. His spirit was as bold as it was sympathizing.
He hated oppression in all its forms, and resisted it in
every shape. Governed by the highest principles, with
them his lofty nature would admit no compromise; for he
was accustomed to view infractions of them in all their
remote consequences. Hence his denunciations of tyran-
ny were universal and unsparing.
Alluding to the passing scenes, he observed, with in-
tensest scorn--" How easy is it for men to change their
principles with their situations--to be zealous advocates for
the rights of the citizens when they are invaded by others,
and, as soon as they have it in their power, to become the
invaders themselves--to resist the encroachments of pow-
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? HAMILTON.
273
er when it is in the hands of others, and the moment they
get it into their own, to make bolder strides than those
they have resisted! Are such men to be sanctified. with
the hallowed name of patriots? Are they not rather to be
branded as men who make their passions, prejudices, and
interests the sole measure of their own and others' rights?
The history of mankind is too full of these melancholy
contradictions. "
He closed with the following impressive observations :--
"Those who are at present intrusted with power in all
these infant republics, hold the most sacred deposit that
ever was confided to human hands. It is with govern-
ments as with individuals, first impressions and early hab-
its give a lasting bias to the temper and character. Our gov-
ernments hitherto have no habits. How important to the
happiness, not of America alone, but of mankind, that they
should acquire good ones! If we set out with justice, mod-
eration, liberality, and a scrupulous regard to the constitu-
tion, the government will acquire a spirit and tone produc-
tive of permanent blessings to the community. If, on the
contrary, the public councils are guided by humour, pas-
sion, and prejudice--if, from resentment to individuals or
a dread of partial inconveniences, the constitution is slight-
ed or explained away upon every frivolous pretext--the
future spirit of government will be feeble, distracted, and
arbitrary. The rights of the subject will be the sport of
every vicissitude. There will be no settled rule of con-
duct, but every thing will fluctuate with the alternate
prevalency of contending factions.
"The world has its eye upon America. The noble strug-
gle we have made in the cause of liberty, has occasioned
a kind of revolution in human sentiment. The influence
of our example has penetrated the gloomy regions of des-
potism, and has pointed the way to inquiries which may
shake it to its deepest foundations. Men begin to ask ev-
35
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THE LIFE OF
ery where, 'Who is this tyrant, that dares to build his
greatness on our misery and degradation 1 What com-
mission has he to sacrifice millions to the wanton appetites
of himself and the few minions that surround his throne V
"To ripen inquiry into action, it remains for us to justify
the revolution by its fruits. If the consequences prove that
we have really asserted the cause of human happiness,
what may not be expected from so illustrious an example 1
In a greater or less degree, the world will bless and imi-
tate.
"But if experience, in this instance, verifies the lesson
long taught by the enemies of liberty--that the bulk of
mankind are not fit to govern themselves--that they must
have a master, and were only made for the rein and the
spur--we shall then see the final triumph of despotism
over liberty. The advocates of the latter must acknow-
ledge it to be an ignis fatuus, and abandon the pursuit.
With the greatest advantages for promoting it that ever a
people had, we s/tall havc betrayed the cause of human na-
ture! Let those in whose hands it is placed, pause for a
moment, and contemplate with an eye of reverence the
vast trust committed to them. Let them retire into their
own bosoms and examine the motives which there prevail.
Let them ask themselves this solemn question--Is the sac-
rifice of a few mistaken or criminal individuals an object
worthy of the shifts to which we are reduced to evade the
constitution and our national engagements? Then let them
review the arguments that have been offered with dispas-
sionate candour, and if they even doubt the propriety of
the measures they may be about to adopt, let them re-
member that in a doubtful case the constitution ought
never to be hazarded without extreme necessity. "
This glowing appeal, which repels all the allegations
that. Hamilton was the friend of arbitrary government--
this appeal to the better sense of the people prevailed.
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? HAMILTON.
275
"The force of plain truth," as the author observed," car-
ried it along the stream of prejudice, and the principles it
held out, gained ground in spite of the opposition of those
who were either too angry or too much interested to be
convinced. " A bill was then depending before the assem-
bly for putting various descriptions of persons out of the
protection of the law, which Hamilton characterized "as
an attempt to transfer the sceptre from the hands of gov-
ernment to those of individuals--to arm one part of the
community against another--to enact a civil war. " This
bill was now abandoned, and the happiest effects were pro-
duced. The lessons of moderation and good faith which
were inculcated, were soon found to be the lessons of true
wisdom ; and instead of looking upon the return of the
tories with alarm and discontent, the reflecting part of the
public admitted that their wealth would be subservient
to the interests of the community, and while they ac-
knowledged that their temporary influence might be preju-
dicial, were willing to confide our institutions to the irre-
sistible current of free opinions.
These generous views extended rapidly. As the arts of
peace advanced, the popular clamour gradually subsided,
and the general sense of the country settled down in favour
of the policy Hamilton had supported. *
The spirit of plunder, originating with the violent and
unprincipled, disappointed in its aims, now turned upon
him with its fellest rancour. From that hour of honest
* "The rising generation then just entering on the stage of action, readily
imbibed those sentiments of temperate civil liberty, and of sound constitu-
tional law, which Hamilton had bo clearly taught and so eloquently incul-
cated. The benign influence of such doctrines, was happily felt and retain-
ed through the whole course of the generation to whom they were address-
ed. I speak for myself as one of that generation, that no hasly production
of the press could have been more auspicious. "--Chancellor Kent's Recol-
lections.
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THE LIFE OF
triumph, he was marked as the object of incessant calum-
ny. The sense of defeat, rankling in the breasts of the
persecuting demagogues, united with other passions, and
with the facility with which vicious sentiments usually as-
sociate, soon grew into an unscrupulous and unrelenting
hostility.
But this feeling did not extend far. In all civilized so-
cieties the greater part are quiescent, and, as Hamilton
observed, " were either for liberal or moderate measures,
or, at most, for some legislative discriminations'; a few only
were very violent; the most heated were the warm adhe-
rents of the governor, and the objects of his peculiar pa-
tronage. " They were rewarded for their intolerance--
Hamilton was proscribed for his clemency.
Of the personal animosity which his opposition to demo-
cratic tyranny had awakened, a painful instance is related.
There existed at this time an evening club, composed of
persons conspicuous in the prosecution of these attainders,
some of whom had written in opposition to "Phocion," and
who felt themselves the deserved objects of its just denun-
ciations.
Early in an evening of this meeting, it was proposed that
Hamilton should be challenged, and in case the first chal-
lenger should fall, that others should challenge him in suc-
cession. At this moment Ledyard entered the apartment,
and, on hearing the proposition, broke out with loud indig-
nation. "This, gentlemen, never can be. What? you
write what you please, and because you cannot refute what
he writes in reply, you form a combination to take his life.
One challenges, and if he falls, another follows! " By this
remonstrance the blow was suspended.
Some time after, Hamilton, who had heard of the occur-
rence, was dining in company with Ledyard, when he was
casually addressed as Mentor. He instantly arose, and
taking him by the hand, exclaimed, "Then you, my dear
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? HAMILTON.
277
sir, are the friend who saved my life. " Ledyard replied,
"That, you know, you once did for me. "
Of his professional efforts at this time, the traces among
his papers are few and of little value. The practice of
reporting adjudicated cases had not obtained. Stenogra-
phy was unknown in America and the vestiges of the elo-
quence of the men whose genius embellished the infancy
of our republic, are rare and imperfect.
The recollections of a youthful contemporary* remark
Hamilton's "clear, elegant, and fluent style, and command-
ing manner. He never made any argument in court with-
out displaying his habits of thinking, and resorting at once
to some well-founded principle of law, and drawing his de-
ductions logically from his premises. Law was always
treated by him as a science founded on established princi-
ples. His manners were gentle, affable, and kind. He
appeared to be frank, liberal, and courteous in all his pro-
fessional intercourse. " Referring to an important trial of
this period, they state--" Hamilton, by means of his fine melo-
dious voice and dignified deportment, his reasoning powers
and persuasive address, soared above all competition; his
pre-eminence was at once universally conceded. "f
He continued throughout this and the succeeding year
deeply engaged in his professional labours, as to which he
observed--''Legislative folly had afforded so plentiful a
* Chancellor Kent.
t Chancellor Livingston was the opposite counsel. On the brief in this
cause the following pleasantry is found.
"Recipe for a good title in ejectment.
Two or three void patents.
As many old ex-parte surveys.
One or two acts of usurpation, acquiesced in for a time, but afterwards
proved to be such.
Half a dozen scripture allusions.
Some ghosts, fairies, elves, hobgoblins, and a quantum suffioit of eloquence. "
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THE LIFE OF
harvest, that he had scarcely a moment to spare from the
substantial business of reaping. " ,
But his mind was never wholly withdrawn from an at-
tention to the welfare of his fellow-citizens. The important
benefits which he had anticipated from an extensive system
of banking, on its true principles, have been shown at an
early period of his life.
Could he have succeeded in establishing a well-organized
general government, this would have been effected under
its powers. But his expectations had been disappointed,
and it was doubtful whether the union of the states would
continue. Under these circumstances he determined to
introduce a local bank, under franchises to be derived from
the state.
His attention appears to have been called to this sub-
ject by a friend, who, dissatisfied with the Bank of North
America, proposed the establishment of a bank in New-
York.
While this was in contemplation, a plan of a land bank,
of which another was the ostensible parent, but Chancel-
lor Livingston the originator, was projected, and a petition
for an exclusive charter was addressed to the legislature.
"I thought it necessary," Hamilton observes in a letter to
his friend, "not only with a view to your project, but for
the sake of the commercial interests of the state, to start
an opposition to this scheme, and took occasion to point
out its absurdity and inconvenience to some of the most
intelligent merchants, who presently saw matters in a pro-
per light, and began to take measures to defeat the plan.
"The chancellor had taken so much pains with the coun-
try members, that they began to be persuaded that the
land bank was the true philosopher's stone, that it was to
turn all their rocks and trees into gold; and there was
great reason to apprehend a majority of the legislature
would have adopted his views. It became necessary to
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? HAMILTON.
279
convince the projectors themselves of the impracticability
of their scheme, and to countervail the impressions they
had made, by a direct application to the legislature. "
To carry this plan into effect, a general meeting* of the
citizens of New-York was convened, at which McDougal
presided, and half a million of dollars were subscribed.
The constitution of the Bank of New-York, framed by
Hamilton, was adopted, and he was chosen one of its direc-
tors, was chairman of the committee to prepare its by-
laws, and was occupied in devising a mode for receiving
and paying out gold, which had been done elsewhere by
weighing in quantities; a practice attended with many
evils, and for which, in the absence of a national coinage,
it was difficult to find a substitute. f
The abuses of the banking system of this country have
rendered it an object of prejudice; but he has thought lit-
tle of its infant condition, who cannot trace to these insti-
tutions the most important public benefits.
Contemporaneously with them may be remarked the in-
troduction of those habits of punctuality, which, by giving
stability to domestic, and, as a consequence, to foreign
credit, were highly instrumental in raising the character
of the nation and advancing its commercial prosperity.
And in the same degree in which can be seen the early
introduction into the different states of an enlightened
system of banking on commercial principles, in the same
ratio the relative advances of those states may be traced.
A letter from La Fayette of this period invites attention
* February 2G, 1784.
t The rates for the value of each foreign coin in circulation were fixed by
the bank. A person was employed to regulate each piece according to the
standard weight; and an allowance or deduction of three per cent, was made
on each gold piece, as it exceeded or fell short of that value. To give effect
to this arrangement, the chamber of commerce, on the 4th of May, 1784,
adopted a regulation fixing a tariff of values
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THE LIFE OF
to another subject. After mentioning an intended visit to
the Prussian and Austrian armies, he wrote:--" In one of
your gazettes, I find an association against the slavery of
negroes, which seems to be worded in such a way as to
give no offence to the moderate men in the southern states.
As I have ever been partial to my brethren of that colour,
I wish, if you are in the society, you would move, in your
own name, for my being admitted on the list. "
This association, emanating from one previously formed
in Philadelphia, was composed of individuals, of whom the
most active were members of the society of Friends. At
its second meeting Jay was chosen president, and a com-
mittee raised, of which Hamilton was chairman, to devise
a system for effecting its objects.
Believing that the influence of such an example would
be auspicious, he proposed a resolution that every mem-
ber of the society should manumit his own slaves.
He never owned a slave; but on the contrary, having
learned that a domestic whom he had hired was about to
be sold by her master, he immediately purchased her free-
dom.
Others found the theory of humanity lighter than the
practice. This resolution was debated and deferred.
Disgusted with the pretensions of persons who were un-
willing to make so small a sacrifice, he discontinued his
attendance at these meetings.
The condition of New-York at this time is summarily
shown in a letter from him to a friend. "Discrimination
bills, partial taxes, schemes to engross public property in
the hands of those who have present power, to banish the
real wealth of the state, and substitute paper bubbles, are
the only dishes that suit the public palate at this time. "
While the sphere of his political usefulness was limited
by such counsels, Hamilton kept aloof from party contests
with the secondary men, who succeeded to the great ac-
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? HAMILTON.
281
tors in the revolution; and aware that a strong necessity
could alone change the unhappy tendency of the public
mind, he was content to pause, and, as he beautifully ob-
served, " to erect a temple to time, to see what would be
the event of the American drama. "
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THE LIFE OF
CHAPTER XX.
[1783. ]
The narrative of Hamilton's past life has shown the
failure of the imperfect union of the states either " to pro-
vide" prospectively "for the common defence," or "to
establish justice. "
It is believed to be necessary to a correct view of his
future life also to show, though by a digression from his
immediate personal history, its utter incompetency "to pro-
mote the general welfare" by the protection of the national
industry,or " to ensure domestic tranquillity;" thus failing,in
every essential particular," to secure" to the American peo-
ple " the blessings of liberty. "
The policy to be pursued in their intercourse with
other nations would, it may be supposed, early engage the
attention of a people by position and habit necessarily
commercial. Hence it is perceived that before the decla-
ration of independence, congress had deliberated upon
that subject.
The result of these deliberations was such as was to
have been expected under their circumstances. It was a
resolution to open the ports of the colonies to the world,
excepting the inhabitants, productions, and vessels of Great
Britain, and East India tea. This purpose of placing each
nation on the footing of "natives," it has been seen was
proposed to France, but relinquished, and that of the "most
favoured nation" adopted. This was also the basis of the
treaties with Sweden and the Netherlands; in the latter
of which, provisions were made defining the state of block-
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? ITAMILTON.
28J
ade, and securing to the people of either country " an en-
tire and perfect liberty of conscience. "
But what should be the terms of intercourse with Great
Britain, was the most interesting question.
Soon after Oswald had received his commission recog-
nising this country as an independent nation, Jay prepared
the plan of a treaty of commerce, which he submitted to
him. This plan proposed that it should be on the footing
of " natives. " The proposition being announced to con-
gress by Franklin, was referred.
Instructions were reported,* that "in any commercial
stipulations with Great Britain," the commissioners were
"to endeavour to obtain a direct commerce with all parts
of the British dominions and possessions, in like manner as
all parts of the United States may be opened to a direct
commerce of British subjects; or at least, that such direct
commerce be extended to all parts of the British domin-
ions and possessions in Europe and the West Indies;" and
they were informed, " that this stipulation will be particu-
larly expected by congress," in case the footing of natives
was admitted. Their attention was again called to this.
subject by a letter from Adams, in which, after reminding
them of the revocation of his former powers, he urged the
appointment of a resident minister at London; and having
referred to the injustice which would be done to him who
was the first object of his country's choice, should any
other be appointed, he indicates to that body the qualifica-
tionsf necessary for an American foreign minister gene-
* By Madison.
t "In the first place, he should have had an education in classical learn-
ing, and in the knowledge of general history, ancient and modern, and par-
ticularly the history of France, England, Holland, and America. He should
be well versed in the principles of ethics, of the law of nature and nations,
of legislation and government, of the civil Roman law, of the laws of Eng.
land and the United States, of the public law of Europe, and in the letters,
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THE LIFE OF
rally, and above all, to the court of St. James. " This re-
markable despatch was referred to a committee of which
Hamilton was chairman. His views on this subject had
memoirs, and histories of those great men who have heretofore shone in the
diplomatic order, and conducted the affairs of nations and the world. He
ahould be of an age to possess a maturity of judgment arising from expe-
rience in business. He should be active, attentive, and industrious, and
above all, he should possess an upright heart, and an independent spirit, and
should be one who decidedly makes the interest of his country--not the policy
of any other nation, nor his own private ambition or interest, or those of his
family, friends, and connections--the rule of his conduct.
"We hear so much said about a genteel address, and a facility in speaking
the French language, that one would think a dancing master and a French
master the only tutors necessary to educate a statesman. Be it remembered,
the present revolution, neither in America nor Europe has been accomplished
by elegant bows, nor by fluency in French, nor will any great thing ever be
effected by such accomplishments alone. A man must have something in his
head to say before he can speak to effect, how ready soever he may be at utter-
ance. And if the knowledge is in his head and the virtue in his heart, he will
never fail to find a way of communicating his sentiments to good purpose.
He will always have excellent translators ready, if he wants them, to turn
his thoughts into any language he desires.
"As to what is called a fine address, it is seldom attended to after a first
or second conversation, and even in these it is regarded no more by men of
sense of any country than another thing, which I heard disputed with great
vivacity among the officers of the French frigate, the Sensible. The ques-
tion was, what were the several departments of an ambassador and a secre-
tary of legation. After a long and shrewd discussion, it was decided by a
majority of votes, ' that the secretary's part was to do the business, and that
of an ambassador * * * * * ? . ' This decision produced a laugh
among the company, and no ideas of the kind will ever produce any thing
else among men of understanding.
"It is very true that it is possible that a case may happen, that a man
may serve his country by a bribe well placed, or an intrigue * * * *
* * . But it is equally true, that a man's country will be sold and be-
trayed a thousand times by this infamous commerce, where it will be once
served. It is very certain that we shall never be a match for European
statesmen in such accomplishments for negotiation, any more than, I must
and will add, they will equal us in any solid abilities, virtues, and application
to business, if we choose wisely among the excellent characters with which
our country abounds. "--7 D. C. 21.
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? HAMILTON.
285
long been formed; he was of the opinion that it ought to
be "the basis of our commercial system not to make
particular sacrifices, nor to expect particular favours. "
Though the advocate of a reciprocal freedom of com-
merce, it has been seen that he was fully sensible of the
importance of the power of protecting the peculiar inter-
ests of a community where, from the previous colonial
restrictions, there was little diversity in the pursuits of
industry.
But the powers of the confederacy were inadequate to
this object, the policy of England was not developed, and,
until those powers were enlarged and that policy disclosed,
he felt that a temporary arrangement would be most ex-
pedient.
Under this conviction, and not satisfied by the despatch
from Adams, of the wisdom of intrusting to him the sole
conduct of so important a negotiation, he reported a reso-
lution* that Franklin and Jay should be empowered with
him, or either of them in the absence of the others, " to en-
ter into a treaty of commerce between the United States
of America and Great Britain, subject to the revisal of the
contracting parties previous to its final conclusion; and in
the mean time, to enter into a commercial convention to
continue in force one year," and "that the secretary for
foreign affairs should lay before congress, without delay,"
a plan of a treaty of commerce, and instructions to be
transmitted to the commissioners.
This plan proposed a direct commerce with Great Brit-
ain, except as to such articles, the importation or exporta-
tion of which might be prohibited in all her dominions,
excepting the territories of the East India and Hudson's
Bay companies; the subjects of Great Britain paying the
same duties in the United States as the citizens of the
* May 1, 1783.
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? 28(>
THE LIFE OF
United States paid in Great Britain, and which were not
to exceed those paid by the most favoured nations,--par-
ticipating in any concession freely, if freely made, or if
conditional, allowing a similar compensation. In neither
country were the citizens or subjects of the other to be
regarded as aliens, except as to an exemption from military
duty.
The plan* being referred on the nineteenth of June,
instructions were reported to accompany it. They strong-
ly urged the articles as to a free commerce, on the ground
that the immunities offered to British subjects, particu-
larly those permitted to settle in the United States,
were a full equivalent, as they would probably direct their
trade into such channels as England would prefer. If
these terms could not be obtained, others as similar to
them as possible were to be obtained, and they were di-
rected "to bear in mind that the great leading object of
these states, was to find the West India market open for
their own produce, and to be permitted, as far as possible,
* Madison to Jefferson, May 13, 1783. --"A project for a treaty of com-
merce with Great Britain has been reported by the secretary of foreign affairs,
and is now in the hands of a committee. The objects most at heart, are--
first, a direct trade between this country and the West Indies; secondly, a
right of carrying between the latter and other parts of the British empire;
thirdly, a right of carrying from the West Indies to all other parts of the
world. As the price of these advantages, it is proposed that wc shall admit
British subjects to equal privileges with our own citizens. As to the first
object, it may be observed, that the bill lately brought into the British par.
liamcnt, renders it probable that it may be obtained without such a cession ,
as to the second, that it concerns the eastern states chiefly; and that as to the
third, that it concerns them alone. Whilst the privilege to be conceded, will
chiefly, if not alone, affect the southern states. The interest of these, seems
to require that they should retain, at least the faculty of giving any encour-
agement to their own merchant-ships or mariners, which may be necessary
to prevent a relapse under Scotch monopoly, or to acquire a maritime im-
portance. The eastern states need no such precaution. "--Madison Papers;
vo). 1, p. 531.
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? HAMILTON.
287
to be the carriers of theirs. " The trade of the coast of
Africa, and permission to cut wood in the bay of Hondu-
ras, were indicated as desirable. They were to represent
as inducements to the grant of these advantages, that un-
less these channels were opened to America, she would be
without the means of paying for the manufactures requi-
red, and be compelled to manufacture for herself. But if
a market was given for her raw materials, agriculture, and
not manufactures, would be encouraged. They were in
no event to conclude any treaty, unless the trade with the
West Indies was placed on its former footing. It was not
to be definitive until approved by congress, but a conven-
tion on these principles might be entered into, to endure
one year.
The expediency of making an admission to the West
India market an indispensable condition, was doubted.
It was still "a fundamental law of Europe, that all
commerce with a foreign colony shall be regarded as a
mere monopoly. "* That a nation so fenced in by monopo-
lies, and which then considered it as a cardinal maxim to
secure to herself the exclusive trade of her colonies, would
relax in favour of the United States, so recently revolted,
was little to be expected. Indeed, the people of this coun-
try did not, at the beginning of the revolution, expect it.
In the address of congress to the inhabitants of Great Brit-
ain, made in seventeen hundred and seventy-five, they de-
clared, "We cheerfully consent to such acts of the British
parliament as shall be restrained to the regulation of our
external commerce, for the purpose of securing the com-
mercial advantages of the whole empire to the mother
country, and the commercial benefit of it to its respective
members. "
Under these considerations, and unwilling to interpose
* Montesquieu, liv. 21, cap. 17.
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? THE LIFE OF
so serious an impediment to a treaty, and, on the part of
some, to recognise the policy that America was to continue
a merely agricultural nation, this resolution was postponed.
In the ensuing month,* the minister of France anxious to
secure to his country a monopoly of the American trade,
announced to congress that he would not sign a treaty
but in concert with the United States, and at the same
time condemned "the too precipitate admission of British
vessels into the American ports. "
The statesmen of England had, in the mean time, also
been occupied with this subject. It has been seen, that
while the party which plunged their country into this dis-
astrous conflict--still clinging to the hope of recovering
their popularity, by soothing the pride of the nation, and
obedient to the prejudices of the monarch--shrank from
the express acknowledgment of independence, their oppo-
nents, during the brief ascendency of Fox, whose enlight-
ened mind was governed by an enlarged philanthropy,
took a different view.
He contended that it became the British government to
tender an absolute, unconditional acknowledgment of inde-
pendence in the first instance, as a measure not less due to
her national character, than prompted by her best interests.
Similar difference of opinion existed as to the policy which
ought to govern the commercial relations of the two coun-
tries. The advocates of unconditional terms, as soon as
the provisional treaty was completed, proposed in parlia-
ment to repeal all the existing prohibitory acts, and recom-
mended an open trade with the United States. On the
third of March, seventeen hundred and eighty-three, a bill
was presented by Pitt, who had just commenced his dis-
tinguished career, framed " on the most enlarged princi-
ples of reciprocal benefit," to operate until a treaty should
* July 21, 1783.
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? HAMILTON.
269
the complete discretion of the legislature, and wholly de-
nying to them the protection of the treaty.
To this production, written by Isaac Ledyard, which
Hamilton designated "a political novelty," he wrote an
answer, entitled "Phocion's second letter, containing re-
marks on Mentor's reply. "
In the beginning, he avowed that "whatever severity
of animadversion had been indulged in his former remarks,
was manifestly directed against a very small number of
men, manifestly aiming at nothing but the acquisition of
power and profit to themselves; and who, to gratify their
avidity for these objects, would trample upon every thing
sacred in society, and overturn the foundations of public
and private security. That it was difficult for a man con-
scious of a firm attachment to the public weal, who sees
it invaded and endangered by such men, under specious
but false pretences, either to think or to speak of their
conduct without indignation; and that it was equally dif-
ficult for one who, in questions that affect the community,
regards principles only and not men, to look with indiffer-
ence on attempts to make the great principles of social
right, justice, and honour, the victims of personal animosi-
ty or party intrigue. "
Having stated a few simple propositions, which em-
braced within their compass the principles of his argu-
ment, and having disproved by a complete and precise
demonstration those of his opponents, he descanted with
much force on the improper multiplication of oaths, and
exposed the specious assertion, made without any limita-
tion, that every government has a right to take precau-
tions for its own security, and to prescribe the terms on
which its rights shall be enjoyed.
"This right," he remarked, " is bounded, with respect to
those who were included in the compact by its original
conditions; only in admitting strangers, it may add new
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TIIE LIFE OF
ones. The rights too of a republican government are to
be modified and regulated by the principles of such a gov-
ernment. These principle's dictate that no man shall lose
his rights, without a hearing and conviction before the
proper tribunal; that previous to his disfranchisement, he
shall have the full benefit of the laws to make his defence;
and that his innocence shall be presumed till his guilt has
been proved. These, with many other maxims never to
be forgotten in any but tyrannical governments, oppose
the aims of those who quarrel with the principles of Pho-
cion. "
"Among the extravagances," he observed, " with which
these prolific times abound, we hear it often said that the
constitution being the creature of the people, their sense
with respect to any measure, if it even stand in opposition
to the constitution, will sanctify and make it right. Hap-
pily for us, in this country, the position is not to be con-
troverted that the constitution is the creature of the peo-
ple; but it does not follow that they are not bound by it,
while they suffer it to continue in force; nor does it follow,
that the legislature, which is, on the other hand, a creature
of the constitution, can depart from it on any presumption
of the contrary sense of the people.
"The constitution is the compact made by the society at
large and each individual. The society, therefore, cannot,
without breach of faith and injustice, refuse to any indi-
vidual a single advantage which he derives under that
compact, no more than one man can refuse to perform his
agreement with another.
"If the community have good reasons for abrogating the
old compact, and establishing a new one, it undoubtedly
has a right to do it; but until the compact is dissolved
with the same solemnity and certainty with which it was
made, the society as well as individuals are bound by it.
"All the authority of the legislature is delegated to them
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? HAMILTON.
271
under the constitution; their rights and powers are there
defined; if they exceed them, 'tis a treasonable usurpation
upon the power and majesty of the people; and by the
same rule that they may take away from a single indi-
vidual the rights he claims under the constitution, they
may erect themselves into perpetual dictators.
"The sense of the people, if urged in justification of the
measure, must be considered as a mere pretext, for that
sense cannot appear to them in a form so explicit and au-
thoritative as the constitution under which they act; and if
it could appear with equal authority, it could only bind when
it had been preceded by a declared change in the form of
government. The contrary doctrine serves to undermine
all those rules by which individuals can know their duties
and their rights, and to convert the government into a
government of will, not of laws. "
The danger of subjugation by England had been warmly
urged. He exhibited her condition at large, to show that it
was groundless--the king at variance with his ministers--
the ministers unsupported by parliament--the lords disa-
greeing with the commons--the nation execrating the
king, ministers, lords, and commons; all these are symp-
toms of a vital malady in the present state of the nation.
He then adverted to another often-repeated apprehension.
"The danger from a corruption of the principles of our
government is more plausible, but not more solid. It is an
axiom that governments form manners, as well as man-
ners form governments.
"The body of the people of this state are too firmly at-
tached to the democracy, to permit the principles of a
small number to give a different tone to that spirit. The
present law of inheritance, making an equal division among
the children of the parent's property, will soon melt down
those great estates, which, if they continued, might favour
the power of the few. The number of the disaffected,
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? 272 THE LIFE OF
who are so from speculative notions of government, is
small. The great majority of those who took part against
us, did it from accident, from the dread of the British
power, and from the influence of others to whom they
had been accustomed to look up. Most of the men who
had that kind of influence are already gone. The residue
and their adherents must be carried along by the torrent,
and with very few exceptions, if the government is mild
and just, will soon come to view it with approbation and
attachment. There is a bigotry in politics, as well as in
religion, equally pernicious to both. The zealots of either
description are ignorant of the advantage of a spirit of
toleration. It is remarkable, though not extraordinary,
that those characters, throughout the states, who have
been principally instrumental in the revolution, are the
most opposed to persecuting measures. Were it proper, I
might trace the truth of this remark, from that character
which has been the first in conspicuousness, through the
several gradations of those, with very few exceptions, who
either in the civil or military line have borne a distin-
guished part. "
Hamilton's great characteristics were firmness and gen-
tleness. His spirit was as bold as it was sympathizing.
He hated oppression in all its forms, and resisted it in
every shape. Governed by the highest principles, with
them his lofty nature would admit no compromise; for he
was accustomed to view infractions of them in all their
remote consequences. Hence his denunciations of tyran-
ny were universal and unsparing.
Alluding to the passing scenes, he observed, with in-
tensest scorn--" How easy is it for men to change their
principles with their situations--to be zealous advocates for
the rights of the citizens when they are invaded by others,
and, as soon as they have it in their power, to become the
invaders themselves--to resist the encroachments of pow-
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? HAMILTON.
273
er when it is in the hands of others, and the moment they
get it into their own, to make bolder strides than those
they have resisted! Are such men to be sanctified. with
the hallowed name of patriots? Are they not rather to be
branded as men who make their passions, prejudices, and
interests the sole measure of their own and others' rights?
The history of mankind is too full of these melancholy
contradictions. "
He closed with the following impressive observations :--
"Those who are at present intrusted with power in all
these infant republics, hold the most sacred deposit that
ever was confided to human hands. It is with govern-
ments as with individuals, first impressions and early hab-
its give a lasting bias to the temper and character. Our gov-
ernments hitherto have no habits. How important to the
happiness, not of America alone, but of mankind, that they
should acquire good ones! If we set out with justice, mod-
eration, liberality, and a scrupulous regard to the constitu-
tion, the government will acquire a spirit and tone produc-
tive of permanent blessings to the community. If, on the
contrary, the public councils are guided by humour, pas-
sion, and prejudice--if, from resentment to individuals or
a dread of partial inconveniences, the constitution is slight-
ed or explained away upon every frivolous pretext--the
future spirit of government will be feeble, distracted, and
arbitrary. The rights of the subject will be the sport of
every vicissitude. There will be no settled rule of con-
duct, but every thing will fluctuate with the alternate
prevalency of contending factions.
"The world has its eye upon America. The noble strug-
gle we have made in the cause of liberty, has occasioned
a kind of revolution in human sentiment. The influence
of our example has penetrated the gloomy regions of des-
potism, and has pointed the way to inquiries which may
shake it to its deepest foundations. Men begin to ask ev-
35
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? 274
THE LIFE OF
ery where, 'Who is this tyrant, that dares to build his
greatness on our misery and degradation 1 What com-
mission has he to sacrifice millions to the wanton appetites
of himself and the few minions that surround his throne V
"To ripen inquiry into action, it remains for us to justify
the revolution by its fruits. If the consequences prove that
we have really asserted the cause of human happiness,
what may not be expected from so illustrious an example 1
In a greater or less degree, the world will bless and imi-
tate.
"But if experience, in this instance, verifies the lesson
long taught by the enemies of liberty--that the bulk of
mankind are not fit to govern themselves--that they must
have a master, and were only made for the rein and the
spur--we shall then see the final triumph of despotism
over liberty. The advocates of the latter must acknow-
ledge it to be an ignis fatuus, and abandon the pursuit.
With the greatest advantages for promoting it that ever a
people had, we s/tall havc betrayed the cause of human na-
ture! Let those in whose hands it is placed, pause for a
moment, and contemplate with an eye of reverence the
vast trust committed to them. Let them retire into their
own bosoms and examine the motives which there prevail.
Let them ask themselves this solemn question--Is the sac-
rifice of a few mistaken or criminal individuals an object
worthy of the shifts to which we are reduced to evade the
constitution and our national engagements? Then let them
review the arguments that have been offered with dispas-
sionate candour, and if they even doubt the propriety of
the measures they may be about to adopt, let them re-
member that in a doubtful case the constitution ought
never to be hazarded without extreme necessity. "
This glowing appeal, which repels all the allegations
that. Hamilton was the friend of arbitrary government--
this appeal to the better sense of the people prevailed.
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? HAMILTON.
275
"The force of plain truth," as the author observed," car-
ried it along the stream of prejudice, and the principles it
held out, gained ground in spite of the opposition of those
who were either too angry or too much interested to be
convinced. " A bill was then depending before the assem-
bly for putting various descriptions of persons out of the
protection of the law, which Hamilton characterized "as
an attempt to transfer the sceptre from the hands of gov-
ernment to those of individuals--to arm one part of the
community against another--to enact a civil war. " This
bill was now abandoned, and the happiest effects were pro-
duced. The lessons of moderation and good faith which
were inculcated, were soon found to be the lessons of true
wisdom ; and instead of looking upon the return of the
tories with alarm and discontent, the reflecting part of the
public admitted that their wealth would be subservient
to the interests of the community, and while they ac-
knowledged that their temporary influence might be preju-
dicial, were willing to confide our institutions to the irre-
sistible current of free opinions.
These generous views extended rapidly. As the arts of
peace advanced, the popular clamour gradually subsided,
and the general sense of the country settled down in favour
of the policy Hamilton had supported. *
The spirit of plunder, originating with the violent and
unprincipled, disappointed in its aims, now turned upon
him with its fellest rancour. From that hour of honest
* "The rising generation then just entering on the stage of action, readily
imbibed those sentiments of temperate civil liberty, and of sound constitu-
tional law, which Hamilton had bo clearly taught and so eloquently incul-
cated. The benign influence of such doctrines, was happily felt and retain-
ed through the whole course of the generation to whom they were address-
ed. I speak for myself as one of that generation, that no hasly production
of the press could have been more auspicious. "--Chancellor Kent's Recol-
lections.
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THE LIFE OF
triumph, he was marked as the object of incessant calum-
ny. The sense of defeat, rankling in the breasts of the
persecuting demagogues, united with other passions, and
with the facility with which vicious sentiments usually as-
sociate, soon grew into an unscrupulous and unrelenting
hostility.
But this feeling did not extend far. In all civilized so-
cieties the greater part are quiescent, and, as Hamilton
observed, " were either for liberal or moderate measures,
or, at most, for some legislative discriminations'; a few only
were very violent; the most heated were the warm adhe-
rents of the governor, and the objects of his peculiar pa-
tronage. " They were rewarded for their intolerance--
Hamilton was proscribed for his clemency.
Of the personal animosity which his opposition to demo-
cratic tyranny had awakened, a painful instance is related.
There existed at this time an evening club, composed of
persons conspicuous in the prosecution of these attainders,
some of whom had written in opposition to "Phocion," and
who felt themselves the deserved objects of its just denun-
ciations.
Early in an evening of this meeting, it was proposed that
Hamilton should be challenged, and in case the first chal-
lenger should fall, that others should challenge him in suc-
cession. At this moment Ledyard entered the apartment,
and, on hearing the proposition, broke out with loud indig-
nation. "This, gentlemen, never can be. What? you
write what you please, and because you cannot refute what
he writes in reply, you form a combination to take his life.
One challenges, and if he falls, another follows! " By this
remonstrance the blow was suspended.
Some time after, Hamilton, who had heard of the occur-
rence, was dining in company with Ledyard, when he was
casually addressed as Mentor. He instantly arose, and
taking him by the hand, exclaimed, "Then you, my dear
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? HAMILTON.
277
sir, are the friend who saved my life. " Ledyard replied,
"That, you know, you once did for me. "
Of his professional efforts at this time, the traces among
his papers are few and of little value. The practice of
reporting adjudicated cases had not obtained. Stenogra-
phy was unknown in America and the vestiges of the elo-
quence of the men whose genius embellished the infancy
of our republic, are rare and imperfect.
The recollections of a youthful contemporary* remark
Hamilton's "clear, elegant, and fluent style, and command-
ing manner. He never made any argument in court with-
out displaying his habits of thinking, and resorting at once
to some well-founded principle of law, and drawing his de-
ductions logically from his premises. Law was always
treated by him as a science founded on established princi-
ples. His manners were gentle, affable, and kind. He
appeared to be frank, liberal, and courteous in all his pro-
fessional intercourse. " Referring to an important trial of
this period, they state--" Hamilton, by means of his fine melo-
dious voice and dignified deportment, his reasoning powers
and persuasive address, soared above all competition; his
pre-eminence was at once universally conceded. "f
He continued throughout this and the succeeding year
deeply engaged in his professional labours, as to which he
observed--''Legislative folly had afforded so plentiful a
* Chancellor Kent.
t Chancellor Livingston was the opposite counsel. On the brief in this
cause the following pleasantry is found.
"Recipe for a good title in ejectment.
Two or three void patents.
As many old ex-parte surveys.
One or two acts of usurpation, acquiesced in for a time, but afterwards
proved to be such.
Half a dozen scripture allusions.
Some ghosts, fairies, elves, hobgoblins, and a quantum suffioit of eloquence. "
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? 278
THE LIFE OF
harvest, that he had scarcely a moment to spare from the
substantial business of reaping. " ,
But his mind was never wholly withdrawn from an at-
tention to the welfare of his fellow-citizens. The important
benefits which he had anticipated from an extensive system
of banking, on its true principles, have been shown at an
early period of his life.
Could he have succeeded in establishing a well-organized
general government, this would have been effected under
its powers. But his expectations had been disappointed,
and it was doubtful whether the union of the states would
continue. Under these circumstances he determined to
introduce a local bank, under franchises to be derived from
the state.
His attention appears to have been called to this sub-
ject by a friend, who, dissatisfied with the Bank of North
America, proposed the establishment of a bank in New-
York.
While this was in contemplation, a plan of a land bank,
of which another was the ostensible parent, but Chancel-
lor Livingston the originator, was projected, and a petition
for an exclusive charter was addressed to the legislature.
"I thought it necessary," Hamilton observes in a letter to
his friend, "not only with a view to your project, but for
the sake of the commercial interests of the state, to start
an opposition to this scheme, and took occasion to point
out its absurdity and inconvenience to some of the most
intelligent merchants, who presently saw matters in a pro-
per light, and began to take measures to defeat the plan.
"The chancellor had taken so much pains with the coun-
try members, that they began to be persuaded that the
land bank was the true philosopher's stone, that it was to
turn all their rocks and trees into gold; and there was
great reason to apprehend a majority of the legislature
would have adopted his views. It became necessary to
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? HAMILTON.
279
convince the projectors themselves of the impracticability
of their scheme, and to countervail the impressions they
had made, by a direct application to the legislature. "
To carry this plan into effect, a general meeting* of the
citizens of New-York was convened, at which McDougal
presided, and half a million of dollars were subscribed.
The constitution of the Bank of New-York, framed by
Hamilton, was adopted, and he was chosen one of its direc-
tors, was chairman of the committee to prepare its by-
laws, and was occupied in devising a mode for receiving
and paying out gold, which had been done elsewhere by
weighing in quantities; a practice attended with many
evils, and for which, in the absence of a national coinage,
it was difficult to find a substitute. f
The abuses of the banking system of this country have
rendered it an object of prejudice; but he has thought lit-
tle of its infant condition, who cannot trace to these insti-
tutions the most important public benefits.
Contemporaneously with them may be remarked the in-
troduction of those habits of punctuality, which, by giving
stability to domestic, and, as a consequence, to foreign
credit, were highly instrumental in raising the character
of the nation and advancing its commercial prosperity.
And in the same degree in which can be seen the early
introduction into the different states of an enlightened
system of banking on commercial principles, in the same
ratio the relative advances of those states may be traced.
A letter from La Fayette of this period invites attention
* February 2G, 1784.
t The rates for the value of each foreign coin in circulation were fixed by
the bank. A person was employed to regulate each piece according to the
standard weight; and an allowance or deduction of three per cent, was made
on each gold piece, as it exceeded or fell short of that value. To give effect
to this arrangement, the chamber of commerce, on the 4th of May, 1784,
adopted a regulation fixing a tariff of values
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THE LIFE OF
to another subject. After mentioning an intended visit to
the Prussian and Austrian armies, he wrote:--" In one of
your gazettes, I find an association against the slavery of
negroes, which seems to be worded in such a way as to
give no offence to the moderate men in the southern states.
As I have ever been partial to my brethren of that colour,
I wish, if you are in the society, you would move, in your
own name, for my being admitted on the list. "
This association, emanating from one previously formed
in Philadelphia, was composed of individuals, of whom the
most active were members of the society of Friends. At
its second meeting Jay was chosen president, and a com-
mittee raised, of which Hamilton was chairman, to devise
a system for effecting its objects.
Believing that the influence of such an example would
be auspicious, he proposed a resolution that every mem-
ber of the society should manumit his own slaves.
He never owned a slave; but on the contrary, having
learned that a domestic whom he had hired was about to
be sold by her master, he immediately purchased her free-
dom.
Others found the theory of humanity lighter than the
practice. This resolution was debated and deferred.
Disgusted with the pretensions of persons who were un-
willing to make so small a sacrifice, he discontinued his
attendance at these meetings.
The condition of New-York at this time is summarily
shown in a letter from him to a friend. "Discrimination
bills, partial taxes, schemes to engross public property in
the hands of those who have present power, to banish the
real wealth of the state, and substitute paper bubbles, are
the only dishes that suit the public palate at this time. "
While the sphere of his political usefulness was limited
by such counsels, Hamilton kept aloof from party contests
with the secondary men, who succeeded to the great ac-
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? HAMILTON.
281
tors in the revolution; and aware that a strong necessity
could alone change the unhappy tendency of the public
mind, he was content to pause, and, as he beautifully ob-
served, " to erect a temple to time, to see what would be
the event of the American drama. "
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THE LIFE OF
CHAPTER XX.
[1783. ]
The narrative of Hamilton's past life has shown the
failure of the imperfect union of the states either " to pro-
vide" prospectively "for the common defence," or "to
establish justice. "
It is believed to be necessary to a correct view of his
future life also to show, though by a digression from his
immediate personal history, its utter incompetency "to pro-
mote the general welfare" by the protection of the national
industry,or " to ensure domestic tranquillity;" thus failing,in
every essential particular," to secure" to the American peo-
ple " the blessings of liberty. "
The policy to be pursued in their intercourse with
other nations would, it may be supposed, early engage the
attention of a people by position and habit necessarily
commercial. Hence it is perceived that before the decla-
ration of independence, congress had deliberated upon
that subject.
The result of these deliberations was such as was to
have been expected under their circumstances. It was a
resolution to open the ports of the colonies to the world,
excepting the inhabitants, productions, and vessels of Great
Britain, and East India tea. This purpose of placing each
nation on the footing of "natives," it has been seen was
proposed to France, but relinquished, and that of the "most
favoured nation" adopted. This was also the basis of the
treaties with Sweden and the Netherlands; in the latter
of which, provisions were made defining the state of block-
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? ITAMILTON.
28J
ade, and securing to the people of either country " an en-
tire and perfect liberty of conscience. "
But what should be the terms of intercourse with Great
Britain, was the most interesting question.
Soon after Oswald had received his commission recog-
nising this country as an independent nation, Jay prepared
the plan of a treaty of commerce, which he submitted to
him. This plan proposed that it should be on the footing
of " natives. " The proposition being announced to con-
gress by Franklin, was referred.
Instructions were reported,* that "in any commercial
stipulations with Great Britain," the commissioners were
"to endeavour to obtain a direct commerce with all parts
of the British dominions and possessions, in like manner as
all parts of the United States may be opened to a direct
commerce of British subjects; or at least, that such direct
commerce be extended to all parts of the British domin-
ions and possessions in Europe and the West Indies;" and
they were informed, " that this stipulation will be particu-
larly expected by congress," in case the footing of natives
was admitted. Their attention was again called to this.
subject by a letter from Adams, in which, after reminding
them of the revocation of his former powers, he urged the
appointment of a resident minister at London; and having
referred to the injustice which would be done to him who
was the first object of his country's choice, should any
other be appointed, he indicates to that body the qualifica-
tionsf necessary for an American foreign minister gene-
* By Madison.
t "In the first place, he should have had an education in classical learn-
ing, and in the knowledge of general history, ancient and modern, and par-
ticularly the history of France, England, Holland, and America. He should
be well versed in the principles of ethics, of the law of nature and nations,
of legislation and government, of the civil Roman law, of the laws of Eng.
land and the United States, of the public law of Europe, and in the letters,
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THE LIFE OF
rally, and above all, to the court of St. James. " This re-
markable despatch was referred to a committee of which
Hamilton was chairman. His views on this subject had
memoirs, and histories of those great men who have heretofore shone in the
diplomatic order, and conducted the affairs of nations and the world. He
ahould be of an age to possess a maturity of judgment arising from expe-
rience in business. He should be active, attentive, and industrious, and
above all, he should possess an upright heart, and an independent spirit, and
should be one who decidedly makes the interest of his country--not the policy
of any other nation, nor his own private ambition or interest, or those of his
family, friends, and connections--the rule of his conduct.
"We hear so much said about a genteel address, and a facility in speaking
the French language, that one would think a dancing master and a French
master the only tutors necessary to educate a statesman. Be it remembered,
the present revolution, neither in America nor Europe has been accomplished
by elegant bows, nor by fluency in French, nor will any great thing ever be
effected by such accomplishments alone. A man must have something in his
head to say before he can speak to effect, how ready soever he may be at utter-
ance. And if the knowledge is in his head and the virtue in his heart, he will
never fail to find a way of communicating his sentiments to good purpose.
He will always have excellent translators ready, if he wants them, to turn
his thoughts into any language he desires.
"As to what is called a fine address, it is seldom attended to after a first
or second conversation, and even in these it is regarded no more by men of
sense of any country than another thing, which I heard disputed with great
vivacity among the officers of the French frigate, the Sensible. The ques-
tion was, what were the several departments of an ambassador and a secre-
tary of legation. After a long and shrewd discussion, it was decided by a
majority of votes, ' that the secretary's part was to do the business, and that
of an ambassador * * * * * ? . ' This decision produced a laugh
among the company, and no ideas of the kind will ever produce any thing
else among men of understanding.
"It is very true that it is possible that a case may happen, that a man
may serve his country by a bribe well placed, or an intrigue * * * *
* * . But it is equally true, that a man's country will be sold and be-
trayed a thousand times by this infamous commerce, where it will be once
served. It is very certain that we shall never be a match for European
statesmen in such accomplishments for negotiation, any more than, I must
and will add, they will equal us in any solid abilities, virtues, and application
to business, if we choose wisely among the excellent characters with which
our country abounds. "--7 D. C. 21.
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? HAMILTON.
285
long been formed; he was of the opinion that it ought to
be "the basis of our commercial system not to make
particular sacrifices, nor to expect particular favours. "
Though the advocate of a reciprocal freedom of com-
merce, it has been seen that he was fully sensible of the
importance of the power of protecting the peculiar inter-
ests of a community where, from the previous colonial
restrictions, there was little diversity in the pursuits of
industry.
But the powers of the confederacy were inadequate to
this object, the policy of England was not developed, and,
until those powers were enlarged and that policy disclosed,
he felt that a temporary arrangement would be most ex-
pedient.
Under this conviction, and not satisfied by the despatch
from Adams, of the wisdom of intrusting to him the sole
conduct of so important a negotiation, he reported a reso-
lution* that Franklin and Jay should be empowered with
him, or either of them in the absence of the others, " to en-
ter into a treaty of commerce between the United States
of America and Great Britain, subject to the revisal of the
contracting parties previous to its final conclusion; and in
the mean time, to enter into a commercial convention to
continue in force one year," and "that the secretary for
foreign affairs should lay before congress, without delay,"
a plan of a treaty of commerce, and instructions to be
transmitted to the commissioners.
This plan proposed a direct commerce with Great Brit-
ain, except as to such articles, the importation or exporta-
tion of which might be prohibited in all her dominions,
excepting the territories of the East India and Hudson's
Bay companies; the subjects of Great Britain paying the
same duties in the United States as the citizens of the
* May 1, 1783.
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? 28(>
THE LIFE OF
United States paid in Great Britain, and which were not
to exceed those paid by the most favoured nations,--par-
ticipating in any concession freely, if freely made, or if
conditional, allowing a similar compensation. In neither
country were the citizens or subjects of the other to be
regarded as aliens, except as to an exemption from military
duty.
The plan* being referred on the nineteenth of June,
instructions were reported to accompany it. They strong-
ly urged the articles as to a free commerce, on the ground
that the immunities offered to British subjects, particu-
larly those permitted to settle in the United States,
were a full equivalent, as they would probably direct their
trade into such channels as England would prefer. If
these terms could not be obtained, others as similar to
them as possible were to be obtained, and they were di-
rected "to bear in mind that the great leading object of
these states, was to find the West India market open for
their own produce, and to be permitted, as far as possible,
* Madison to Jefferson, May 13, 1783. --"A project for a treaty of com-
merce with Great Britain has been reported by the secretary of foreign affairs,
and is now in the hands of a committee. The objects most at heart, are--
first, a direct trade between this country and the West Indies; secondly, a
right of carrying between the latter and other parts of the British empire;
thirdly, a right of carrying from the West Indies to all other parts of the
world. As the price of these advantages, it is proposed that wc shall admit
British subjects to equal privileges with our own citizens. As to the first
object, it may be observed, that the bill lately brought into the British par.
liamcnt, renders it probable that it may be obtained without such a cession ,
as to the second, that it concerns the eastern states chiefly; and that as to the
third, that it concerns them alone. Whilst the privilege to be conceded, will
chiefly, if not alone, affect the southern states. The interest of these, seems
to require that they should retain, at least the faculty of giving any encour-
agement to their own merchant-ships or mariners, which may be necessary
to prevent a relapse under Scotch monopoly, or to acquire a maritime im-
portance. The eastern states need no such precaution. "--Madison Papers;
vo). 1, p. 531.
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? HAMILTON.
287
to be the carriers of theirs. " The trade of the coast of
Africa, and permission to cut wood in the bay of Hondu-
ras, were indicated as desirable. They were to represent
as inducements to the grant of these advantages, that un-
less these channels were opened to America, she would be
without the means of paying for the manufactures requi-
red, and be compelled to manufacture for herself. But if
a market was given for her raw materials, agriculture, and
not manufactures, would be encouraged. They were in
no event to conclude any treaty, unless the trade with the
West Indies was placed on its former footing. It was not
to be definitive until approved by congress, but a conven-
tion on these principles might be entered into, to endure
one year.
The expediency of making an admission to the West
India market an indispensable condition, was doubted.
It was still "a fundamental law of Europe, that all
commerce with a foreign colony shall be regarded as a
mere monopoly. "* That a nation so fenced in by monopo-
lies, and which then considered it as a cardinal maxim to
secure to herself the exclusive trade of her colonies, would
relax in favour of the United States, so recently revolted,
was little to be expected. Indeed, the people of this coun-
try did not, at the beginning of the revolution, expect it.
In the address of congress to the inhabitants of Great Brit-
ain, made in seventeen hundred and seventy-five, they de-
clared, "We cheerfully consent to such acts of the British
parliament as shall be restrained to the regulation of our
external commerce, for the purpose of securing the com-
mercial advantages of the whole empire to the mother
country, and the commercial benefit of it to its respective
members. "
Under these considerations, and unwilling to interpose
* Montesquieu, liv. 21, cap. 17.
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? THE LIFE OF
so serious an impediment to a treaty, and, on the part of
some, to recognise the policy that America was to continue
a merely agricultural nation, this resolution was postponed.
In the ensuing month,* the minister of France anxious to
secure to his country a monopoly of the American trade,
announced to congress that he would not sign a treaty
but in concert with the United States, and at the same
time condemned "the too precipitate admission of British
vessels into the American ports. "
The statesmen of England had, in the mean time, also
been occupied with this subject. It has been seen, that
while the party which plunged their country into this dis-
astrous conflict--still clinging to the hope of recovering
their popularity, by soothing the pride of the nation, and
obedient to the prejudices of the monarch--shrank from
the express acknowledgment of independence, their oppo-
nents, during the brief ascendency of Fox, whose enlight-
ened mind was governed by an enlarged philanthropy,
took a different view.
He contended that it became the British government to
tender an absolute, unconditional acknowledgment of inde-
pendence in the first instance, as a measure not less due to
her national character, than prompted by her best interests.
Similar difference of opinion existed as to the policy which
ought to govern the commercial relations of the two coun-
tries. The advocates of unconditional terms, as soon as
the provisional treaty was completed, proposed in parlia-
ment to repeal all the existing prohibitory acts, and recom-
mended an open trade with the United States. On the
third of March, seventeen hundred and eighty-three, a bill
was presented by Pitt, who had just commenced his dis-
tinguished career, framed " on the most enlarged princi-
ples of reciprocal benefit," to operate until a treaty should
* July 21, 1783.
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