He hated oppression in all its forms, and
resisted
it in
every shape.
every shape.
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net/2027/uva.
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hathitrust.
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? HAMILTON.
201
As a consequence, the representation was composed of
men of a similar character--the most conspicuous of whom
was Aaron Burr--men chosen by an infuriate populace,
in the midst of a disturbed and overawed city.
The proscribed petitioned for permission to return to
their residences. This was a moment which magnanimity
would have embraced to shield the defenceless; but Clin-
ton, in his opening speech to the legislature, threw all the
weight of his powerful influence into the popular scale.
"While," he said, " we recollect the general progress of
a war which has been marked with cruelty and rapine--
while we survey the ruins of this once flourishing city
and its vicinity--while we sympathize in the calamities
which have reduced so many of our virtuous fellow-citi-
zens to want and distress, and are anxiously solicitous to
repair the wastes and misfortunes we lament," we cannot
listen to these petitions. They were rejected, and a bill
respecting alienism was passed, which was negatived, on
great public principles, by the council of revision.
Two days after the vote on the recent adjudication as to
the treaty, resolutions passed the assembly, calling on the
governors of the states to interchange lists of the persons
who had been banished, in order, as was professed, that the
principles of the federal union might be adhered to and
preserved. They were followed by others declaring that
the rules of justice did not require--and that public tran-
quillity would not permit--that attainted adherents should
be restored to the rights of citizens.
A bill was then introduced, under the specious title of
"An act to preserve the freedom and independence of the
state," disfranchising all persons who had voluntarily re-
mained in those parts of the state which had been occu-
pied by the British, and adjudging them guilty of mispris-
ion of treason without trial, in direct contravention of the
treaty. This bill was also rejected by the revisionary
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? 262
THE LIFE OF
council; one of the reasons assigned being, that its opera-
tions would be so extensive, that in most places of the ob-
noxious district it would be difficult, and in many impos-
sible, to find men to fill the necessary offices even for con-
ducting elections, until a new set of inhabitants could be
procured!
A resolution was also introduced, that, notwithstanding
the recommendations of congress, they could not comply
with the fifth article of the treaty. At the same time an
act to repeal the laws inconsistent with it, was rejected by
North Carolina.
It will be remarked, that through the whole of these pro-
ceedings intolerance sought to conceal its deformity under
the mask of the demagogue--a watchful solicitude for lib-
erty, and a distrust of designs to effect a revolution in the
genius of the government.
It is an invidious office to accumulate testimony of the
vitiated state of the popular feeling at this time, and to
embody the evidence of facts tending to impair the nation-
al character, were not a lesson to be derived from them of
infinite value--the tendency of the state governments in
moments of excitement to violate the admitted maxims of
public law, to disregard the most sacred obligations, and
to encroach upon and undermine the rights of individuals,
and that the only security of the American citizen against
local violence and usurpation, is in his national character,
and the broad protection which a well-balanced general
government can alone give.
To show the extent to which the rapacious spirit of the
times was carried, but one more instance will be adduced.
It was a proposal to confiscate the estates of " the society
instituted by a charter from the British government for
the propagation of the gospel in foreign parts," in which
light the British colonies and plantations were regarded in
that charter--notwithstanding the fifth and sixth articles
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? n AMILTON.
2(53
of the treaty--notwithstanding the pure and benevolent
purposes of its institution--notwithstanding that from its
very nature it could not have had any agency in the war,
nor have become the object of resentment and confisca-
tion. This purpose called forth the indignant and deter-
mined opposition of Hamilton. He contended that a re-
gard to honour, justice, and humanity, ought to be alone
sufficient to restrain the legislature from wresting their
estates from the hands of a charitable society which had
committed no offence to incur a forfeiture; and that
especially in an hour of profound tranquillity. That if
the articles of the treaty had been silent on the subject
of confiscation, yet under a general treaty of peace, it
being an established maxim of the law of nations, which
is a part of the law of the land, that every such treaty
virtually implies an amnesty for every thing done du-
ring the war, even by an active enemy, that the rights
of this society were therefore necessarily secured; and
that as the exclusive right of making peace and war be-
longed to the great federal head of the nation, every
treaty made by their authority, was binding upon the
whole people, uncontrollable by any particular legislature,
and that any legislative act in violation of the treaty, was
illegal and void; and that upon a different construction,
"the confederation, instead of cementing an honourable
union, would, with respect to foreign powers, be a perfidi-
ous snare ? and every treaty of peace, a solemn mockery. "
However desirable it may have appeared to the mag-
nanimous part of the community to bury their resentments
from motives of benevolence, it became now apparent that
their efforts could no longer be confined to mere persua-
sion, but that the fears of the considerate must be aroused
to a general co-operation. The effect of popular violence,
though steadily resisted by the American courts, was seen
strongly operative in the councils of Great Britain. The
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? 201
T TI n LIFE OF
protection of the tories had, during the discussions of the
provisional treaty, been a subject of much anxious negotia-
tion. When she found that the recommendations of con-
gress were wholly disregarded, England made these pro-
ceedings a ground for refusing the indemnities for spolia-
tions stipulated by the treaty, and for what was a source
of more general interest and alarm, a refusal to deliver up
the frontier posts, which kept in awe the whole interior of
the country. Hamilton, who, as early as the spring of
seventeen hundred and seventy-eight, had been the open ad-
vocate, if the revolution should be eflected, of a general
act of amnesty and oblivion, could no longer brook the
tyranny of a small number of active demagogues, the found-
ers of the democratic party in the state of New-York.
He resolved to come forward as a mediator between the
passions and the true interests of the people. With this
view, in the winter of seventeen hundred and eighty-four,
he addressed a pamphlet "to the considerate citizens of
New-York on the politics of the times, in consequence of
the peace," under the signature of " fhocion. "
This brief production, written at a time when the author
says " he has more inclination than leisure to serve the peo-
ple, by one who has had too deep a share in the common
exertions in this revolution to be willing to see its fruits
blasted by the violence of rash or unprincipled men, with-
out at least protesting against their designs," contains an
earnest appeal to the friends of liberty, and to the true
whigs, on the enormity of the recent laws passed by men
"bent upon mischief, practising upon the passions of the
people, and propagating the most inflammatory and perni-
cious doctrines. "
The persons alluded to, he says, " pretend to appeal to
the spirit of whigism, while they endeavour to put in mo-
tion all the furious and dark passions of the human mind.
The spirit of whigism is generous, humane, beneficent, and
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? HAMILTON.
265
just. These men inculcate revenge, cruelty, persecution,
and perfidy. The spirit of whigism cherishes legal liberty.
holds the rights of every individual sacred, condemns or
punishes no man without regular trial, and conviction of
some crime declared by antecedent laws, reprobates equally
the punishment of the citizen by arbitrary acts of the le-
gislature, as by the lawless combinations of unauthorized
individuals; while these men are the advocates for expelling
a large number of their fellow-citizens unheard, untried;
or, if they cannot effect this, are for disfranchising them in
the face of the constitution, without the judgment of their
peers, and contrary to the law of the land. "
The danger of this arbitrary power, the extent to which
it had been abused by being exercised against general de-
scriptions of persons, are strongly portrayed. "Nothing is
more common," Hamilton observed," than for a free people,
in times of heat and violence, to gratify momentary pas-
sions, by letting into the government principles and prece-
dents which afterwards prove fatal to themselves. Of
this kind is the doctrine of disqualification, disfranchise-
ment, and banishment by acts of the legislature. The
dangerous consequences of this power are manifest. If
the legislature can disfranchise any number of citizens at
pleasure by general descriptions, it may soon confine all
the votes to a small number of partisans, and establish an
aristocracy or an oligarchy; if it may banish at discretion
all those whom particular circumstances render obnoxious,
without hearing or trial, no man can be safe, nor know
when he may be the innocent victim of a prevailing fac-
tion. The name of liberty applied to such a government,
would be a mockery of common sense.
"The English whigs, after the revolution, from an over-
weening dread of popery and the pretender, from triennial,
voted the parliament septennial. They have been trying
ever since to undo this false step in vain, and are repenting
34
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? 260
THI3 LIFE OF
the effects of their folly in the overgrown power of the new
family.
"Some imprudent whigs among us, from resentment to
those who have taken the opposite side, (and many of them
from worse motives,) would corrupt the principles of our
government, and furnish precedents for future usurpations
on the rights of the community.
"Let the people beware of such counsellors. However
a few designing men may rise in consequence, and advance
their private interests by such expedients, the people at
large are sure to be the losers in the event, whenever they
suffer a departure from the rules of general and equal just-
ice, or from the true principles of universal liberty. "
The profligacy of violating the treaty--a treaty in
which Great Britain had made the most important conces-
sions, and for which the only equivalent was & stipulation
that there should be no future injury to her adherents--is
then exposed. "Can we do," he asks, "by act of the legis-
lature what the treaty disables us from doing by due course
of law? This would be to imitate the Roman general,
who, having promised Antiochus to restore half his vessels,
caused them to be sawed in two before their delivery; or
the Platajae, who having promised the Thebans to restore
their prisoners, had them first put to death, and returned
them dead. Such fraudulent subterfuges are justly con-
sidered more odious than an open and avowed violation of
treaty. "
The supremacy of congress on this subject, the dangers
to result from the retaliatory acts of England by retain-
ing the posts, and an exclusion from the fisheries, and the
impolicy of measures which keep alive in the bosom of
society the seeds of perpetual discord, are forcibly painted.
Motives of private advantage had been artfully held out
to enlist the support of the artisans, by assuring them that
to admit the tories would induce an injurious competition.
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? HAMILTON.
267
To this argument he replied, "There is a certain proportion
or level in all the departments of industry. It is folly to
think to raise any of them and keep them long above their
natural height. By attempting to do it, the economy of
the political machine is disturbed, and, till things return to
their proper state, the society at large suffers. The only
object of concern with an industrious artisan, as such ought
to be, is, that there may be plenty of money in the commu-
nity, and a brisk commerce to give it activity and circula-
tion. All attempts at profit, through the medium of
monopoly or violence, will be as fallacious as they are
culpable.
"Viewing the subject in every possible light, there is not
a single interest of the community but dictates moderation
rather than violence. That honesty is still the best policy,
that justice and moderation are the surest supports of every
government, are maxims which, however they may be
called trite, are at all times true; though too seldom re-
garded, but rarely neglected with impunity. "
The pamphlet closes with the following emphatic ap-
peal :--
"Were the people of America with one voice to ask--
What shall we do to perpetuate our liberties and secure
our happiness? The answer would be--Govern well,
and you have nothing to fear either from internal disaffec-
tion or external hostility. Abuse not the power you pos-
sess, and you need never apprehend its diminution or loss.
But if you make a wanton use of it, if you furnish another
example, that despotism may debase the government of
the many as well as of the few, you, like all others that
have acted the same part, will experience that licentious-
ness is the forerunner of slavery.
"How wise was that policy of Augustus, who, after con-
quering his enemies, when the papers of Brutus were
brought to him, which would have disclosed all his secret
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? 268 THE LIFE OF
associates, immediately ordered them to be burnt! He
would not even know his enemies, that they might cease to
hate when they had nothing to fear. How laudable was the
example of Elizabeth, who, when she was transferred from
the prison to the throne, fell upon her knees, and thanking
Heaven for the deliverance it had granted her from her
bloody persecutors, dismissed her resentment. The reigns
of these two sovereigns are among the most illustrious in
history. Their moderation gave a stability to their gov-
ernment, which nothing else could have effected. This
was the secret of uniting all parties.
"These sentiments," he added, " are delivered to you in
the frankness of conscious integrity, by one who feels that
solicitude for the good of the community which the zeal-
ots whose opinions he encounters profess; by one who
pursues not, as they do, the honours or emoluments of his
country; by one who has had too deep a share in the
common exertions of this revolution, to be willing to see
its fruits blasted by the violence of rash or unprincipled
men, without at least protesting against their designs; by
one who, though he has had in the course of the revolu-
tion a very confidential share in the public councils, civil
and military, and has as often, at least, met danger in the
common cause as any of those who now assume to be the
guardians of the public liberty, asks no other reward of
his countrymen, than to be heard without prejudice, for
their own interest. "
Soon after the publication of this pamphlet, which was
extensively read in the United States and republished in
London, various replies appeared, with the signatures of
Gustavus, Anti-Phocionite, and others.
One more elaborate than the rest was issued under the
name of Mentor, representing the inhabitants of the south-
ern district of the state, who had remained under the con-
trol of the enemy, as aliens; and, therefore, as subject to
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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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? 270
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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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.
? HAMILTON.
201
As a consequence, the representation was composed of
men of a similar character--the most conspicuous of whom
was Aaron Burr--men chosen by an infuriate populace,
in the midst of a disturbed and overawed city.
The proscribed petitioned for permission to return to
their residences. This was a moment which magnanimity
would have embraced to shield the defenceless; but Clin-
ton, in his opening speech to the legislature, threw all the
weight of his powerful influence into the popular scale.
"While," he said, " we recollect the general progress of
a war which has been marked with cruelty and rapine--
while we survey the ruins of this once flourishing city
and its vicinity--while we sympathize in the calamities
which have reduced so many of our virtuous fellow-citi-
zens to want and distress, and are anxiously solicitous to
repair the wastes and misfortunes we lament," we cannot
listen to these petitions. They were rejected, and a bill
respecting alienism was passed, which was negatived, on
great public principles, by the council of revision.
Two days after the vote on the recent adjudication as to
the treaty, resolutions passed the assembly, calling on the
governors of the states to interchange lists of the persons
who had been banished, in order, as was professed, that the
principles of the federal union might be adhered to and
preserved. They were followed by others declaring that
the rules of justice did not require--and that public tran-
quillity would not permit--that attainted adherents should
be restored to the rights of citizens.
A bill was then introduced, under the specious title of
"An act to preserve the freedom and independence of the
state," disfranchising all persons who had voluntarily re-
mained in those parts of the state which had been occu-
pied by the British, and adjudging them guilty of mispris-
ion of treason without trial, in direct contravention of the
treaty. This bill was also rejected by the revisionary
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THE LIFE OF
council; one of the reasons assigned being, that its opera-
tions would be so extensive, that in most places of the ob-
noxious district it would be difficult, and in many impos-
sible, to find men to fill the necessary offices even for con-
ducting elections, until a new set of inhabitants could be
procured!
A resolution was also introduced, that, notwithstanding
the recommendations of congress, they could not comply
with the fifth article of the treaty. At the same time an
act to repeal the laws inconsistent with it, was rejected by
North Carolina.
It will be remarked, that through the whole of these pro-
ceedings intolerance sought to conceal its deformity under
the mask of the demagogue--a watchful solicitude for lib-
erty, and a distrust of designs to effect a revolution in the
genius of the government.
It is an invidious office to accumulate testimony of the
vitiated state of the popular feeling at this time, and to
embody the evidence of facts tending to impair the nation-
al character, were not a lesson to be derived from them of
infinite value--the tendency of the state governments in
moments of excitement to violate the admitted maxims of
public law, to disregard the most sacred obligations, and
to encroach upon and undermine the rights of individuals,
and that the only security of the American citizen against
local violence and usurpation, is in his national character,
and the broad protection which a well-balanced general
government can alone give.
To show the extent to which the rapacious spirit of the
times was carried, but one more instance will be adduced.
It was a proposal to confiscate the estates of " the society
instituted by a charter from the British government for
the propagation of the gospel in foreign parts," in which
light the British colonies and plantations were regarded in
that charter--notwithstanding the fifth and sixth articles
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? n AMILTON.
2(53
of the treaty--notwithstanding the pure and benevolent
purposes of its institution--notwithstanding that from its
very nature it could not have had any agency in the war,
nor have become the object of resentment and confisca-
tion. This purpose called forth the indignant and deter-
mined opposition of Hamilton. He contended that a re-
gard to honour, justice, and humanity, ought to be alone
sufficient to restrain the legislature from wresting their
estates from the hands of a charitable society which had
committed no offence to incur a forfeiture; and that
especially in an hour of profound tranquillity. That if
the articles of the treaty had been silent on the subject
of confiscation, yet under a general treaty of peace, it
being an established maxim of the law of nations, which
is a part of the law of the land, that every such treaty
virtually implies an amnesty for every thing done du-
ring the war, even by an active enemy, that the rights
of this society were therefore necessarily secured; and
that as the exclusive right of making peace and war be-
longed to the great federal head of the nation, every
treaty made by their authority, was binding upon the
whole people, uncontrollable by any particular legislature,
and that any legislative act in violation of the treaty, was
illegal and void; and that upon a different construction,
"the confederation, instead of cementing an honourable
union, would, with respect to foreign powers, be a perfidi-
ous snare ? and every treaty of peace, a solemn mockery. "
However desirable it may have appeared to the mag-
nanimous part of the community to bury their resentments
from motives of benevolence, it became now apparent that
their efforts could no longer be confined to mere persua-
sion, but that the fears of the considerate must be aroused
to a general co-operation. The effect of popular violence,
though steadily resisted by the American courts, was seen
strongly operative in the councils of Great Britain. The
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T TI n LIFE OF
protection of the tories had, during the discussions of the
provisional treaty, been a subject of much anxious negotia-
tion. When she found that the recommendations of con-
gress were wholly disregarded, England made these pro-
ceedings a ground for refusing the indemnities for spolia-
tions stipulated by the treaty, and for what was a source
of more general interest and alarm, a refusal to deliver up
the frontier posts, which kept in awe the whole interior of
the country. Hamilton, who, as early as the spring of
seventeen hundred and seventy-eight, had been the open ad-
vocate, if the revolution should be eflected, of a general
act of amnesty and oblivion, could no longer brook the
tyranny of a small number of active demagogues, the found-
ers of the democratic party in the state of New-York.
He resolved to come forward as a mediator between the
passions and the true interests of the people. With this
view, in the winter of seventeen hundred and eighty-four,
he addressed a pamphlet "to the considerate citizens of
New-York on the politics of the times, in consequence of
the peace," under the signature of " fhocion. "
This brief production, written at a time when the author
says " he has more inclination than leisure to serve the peo-
ple, by one who has had too deep a share in the common
exertions in this revolution to be willing to see its fruits
blasted by the violence of rash or unprincipled men, with-
out at least protesting against their designs," contains an
earnest appeal to the friends of liberty, and to the true
whigs, on the enormity of the recent laws passed by men
"bent upon mischief, practising upon the passions of the
people, and propagating the most inflammatory and perni-
cious doctrines. "
The persons alluded to, he says, " pretend to appeal to
the spirit of whigism, while they endeavour to put in mo-
tion all the furious and dark passions of the human mind.
The spirit of whigism is generous, humane, beneficent, and
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? HAMILTON.
265
just. These men inculcate revenge, cruelty, persecution,
and perfidy. The spirit of whigism cherishes legal liberty.
holds the rights of every individual sacred, condemns or
punishes no man without regular trial, and conviction of
some crime declared by antecedent laws, reprobates equally
the punishment of the citizen by arbitrary acts of the le-
gislature, as by the lawless combinations of unauthorized
individuals; while these men are the advocates for expelling
a large number of their fellow-citizens unheard, untried;
or, if they cannot effect this, are for disfranchising them in
the face of the constitution, without the judgment of their
peers, and contrary to the law of the land. "
The danger of this arbitrary power, the extent to which
it had been abused by being exercised against general de-
scriptions of persons, are strongly portrayed. "Nothing is
more common," Hamilton observed," than for a free people,
in times of heat and violence, to gratify momentary pas-
sions, by letting into the government principles and prece-
dents which afterwards prove fatal to themselves. Of
this kind is the doctrine of disqualification, disfranchise-
ment, and banishment by acts of the legislature. The
dangerous consequences of this power are manifest. If
the legislature can disfranchise any number of citizens at
pleasure by general descriptions, it may soon confine all
the votes to a small number of partisans, and establish an
aristocracy or an oligarchy; if it may banish at discretion
all those whom particular circumstances render obnoxious,
without hearing or trial, no man can be safe, nor know
when he may be the innocent victim of a prevailing fac-
tion. The name of liberty applied to such a government,
would be a mockery of common sense.
"The English whigs, after the revolution, from an over-
weening dread of popery and the pretender, from triennial,
voted the parliament septennial. They have been trying
ever since to undo this false step in vain, and are repenting
34
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? 260
THI3 LIFE OF
the effects of their folly in the overgrown power of the new
family.
"Some imprudent whigs among us, from resentment to
those who have taken the opposite side, (and many of them
from worse motives,) would corrupt the principles of our
government, and furnish precedents for future usurpations
on the rights of the community.
"Let the people beware of such counsellors. However
a few designing men may rise in consequence, and advance
their private interests by such expedients, the people at
large are sure to be the losers in the event, whenever they
suffer a departure from the rules of general and equal just-
ice, or from the true principles of universal liberty. "
The profligacy of violating the treaty--a treaty in
which Great Britain had made the most important conces-
sions, and for which the only equivalent was & stipulation
that there should be no future injury to her adherents--is
then exposed. "Can we do," he asks, "by act of the legis-
lature what the treaty disables us from doing by due course
of law? This would be to imitate the Roman general,
who, having promised Antiochus to restore half his vessels,
caused them to be sawed in two before their delivery; or
the Platajae, who having promised the Thebans to restore
their prisoners, had them first put to death, and returned
them dead. Such fraudulent subterfuges are justly con-
sidered more odious than an open and avowed violation of
treaty. "
The supremacy of congress on this subject, the dangers
to result from the retaliatory acts of England by retain-
ing the posts, and an exclusion from the fisheries, and the
impolicy of measures which keep alive in the bosom of
society the seeds of perpetual discord, are forcibly painted.
Motives of private advantage had been artfully held out
to enlist the support of the artisans, by assuring them that
to admit the tories would induce an injurious competition.
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? HAMILTON.
267
To this argument he replied, "There is a certain proportion
or level in all the departments of industry. It is folly to
think to raise any of them and keep them long above their
natural height. By attempting to do it, the economy of
the political machine is disturbed, and, till things return to
their proper state, the society at large suffers. The only
object of concern with an industrious artisan, as such ought
to be, is, that there may be plenty of money in the commu-
nity, and a brisk commerce to give it activity and circula-
tion. All attempts at profit, through the medium of
monopoly or violence, will be as fallacious as they are
culpable.
"Viewing the subject in every possible light, there is not
a single interest of the community but dictates moderation
rather than violence. That honesty is still the best policy,
that justice and moderation are the surest supports of every
government, are maxims which, however they may be
called trite, are at all times true; though too seldom re-
garded, but rarely neglected with impunity. "
The pamphlet closes with the following emphatic ap-
peal :--
"Were the people of America with one voice to ask--
What shall we do to perpetuate our liberties and secure
our happiness? The answer would be--Govern well,
and you have nothing to fear either from internal disaffec-
tion or external hostility. Abuse not the power you pos-
sess, and you need never apprehend its diminution or loss.
But if you make a wanton use of it, if you furnish another
example, that despotism may debase the government of
the many as well as of the few, you, like all others that
have acted the same part, will experience that licentious-
ness is the forerunner of slavery.
"How wise was that policy of Augustus, who, after con-
quering his enemies, when the papers of Brutus were
brought to him, which would have disclosed all his secret
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? 268 THE LIFE OF
associates, immediately ordered them to be burnt! He
would not even know his enemies, that they might cease to
hate when they had nothing to fear. How laudable was the
example of Elizabeth, who, when she was transferred from
the prison to the throne, fell upon her knees, and thanking
Heaven for the deliverance it had granted her from her
bloody persecutors, dismissed her resentment. The reigns
of these two sovereigns are among the most illustrious in
history. Their moderation gave a stability to their gov-
ernment, which nothing else could have effected. This
was the secret of uniting all parties.
"These sentiments," he added, " are delivered to you in
the frankness of conscious integrity, by one who feels that
solicitude for the good of the community which the zeal-
ots whose opinions he encounters profess; by one who
pursues not, as they do, the honours or emoluments of his
country; by one who has had too deep a share in the
common exertions of this revolution, to be willing to see
its fruits blasted by the violence of rash or unprincipled
men, without at least protesting against their designs; by
one who, though he has had in the course of the revolu-
tion a very confidential share in the public councils, civil
and military, and has as often, at least, met danger in the
common cause as any of those who now assume to be the
guardians of the public liberty, asks no other reward of
his countrymen, than to be heard without prejudice, for
their own interest. "
Soon after the publication of this pamphlet, which was
extensively read in the United States and republished in
London, various replies appeared, with the signatures of
Gustavus, Anti-Phocionite, and others.
One more elaborate than the rest was issued under the
name of Mentor, representing the inhabitants of the south-
ern district of the state, who had remained under the con-
trol of the enemy, as aliens; and, therefore, as subject to
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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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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.
