* Subsequent to this le-
gislation for local objects, she passed an act "vesting congress
with power to regulate the commerce of the United States.
gislation for local objects, she passed an act "vesting congress
with power to regulate the commerce of the United States.
Hamilton - 1834 - Life on Hamilton - v2
The definitive treaty had indeed
assured almost Roman limits to the new republic; but the
eastern boundary was disputed--the western denied--
while from the frowning fortresses which dotted its out-
line, each morning's drum-roll struck alarm into the breast
of the borderer, as it awakened in the crouching savage
his slumbering appetite for carnage. The interior subdi-
visions were also unsettled. The coterminous states of
Massachusetts and New-York had not yet wearied of their
disputes. Pennsylvania, though her rights had been es-
tablished under a constitutional tribunal, was threatened
with a contest with the New-England settlers at Wyo-
ming, who were preparing to refer their claims to the
most summary arbitrament. Virginia was compelled to
release Kentucky from her reluctant embraces. North
Carolina was dissevered, and a fragment of her domains
was forming into an independent state under the name of
Frankland, of which an assembly preparatory to a con-
vention had met. * While so many inducements existed to
adopt a comprehensive national policy, such was the prev-
alence of state jealousy, that instead of labouring to invig-
orate the arm of the general legislature, an aversion to the
restraints of law, and an increasing disposition to withhold
confidence from the constituted authorities, were daily de-
veloped. Instead of looking for remedies to relieve the
>> August 1, 1785.
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THE LIFE OF
public distresses, in every part of the continent the prevail-
ing anxiety appeared to be to discover new objects upon
which to vent dissatisfaction. A bill to repeal the charter
of the Bank of North America passed the assembly of
Pennsylvania. In New-York, a memorial to incorporate
the bank, of which the constitution had been framed by
Hamilton, was presented to the legislature early in seven-
teen hundred and eighty-four; but so prevalent was the
jealousy of a moneyed influence, that it was compelled to
conduct its affairs during six years without corporate im-
munities. The cry arose that banks were combinations
of the rich against the poor, although, when not abused,
their tendency is to raise industrious poverty above the
influence of wealth.
These were minor indications. The craving appetite of
discontent called for food, and the recent combinations of
military men, and the d xngers of a standing army in time
of peace, became fruitful themes of clamour. An associa-
tion of the officers of the late army, formed at the en-
campment on the Hudson, " to preserve inviolate the lib-
erties for which they had bled, to promote and cherish
national union and honour, and to render permanent the
cordial affection of the officers by acts of mutual benefi-
cence," under the now venerated title of " the Society of
the Cincinnati," to continue during the lives of the mem-
bers, with succession to their eldest male posterity, became
an object of the most violent and wide-spread hostility.
The alarm was first sounded in an address under the
signature of Cassius, written by ^Edanus Burke, a judge of
the supreme court of South Carolina, professing to prove
that this association created a race of hereditary patricians,
and full of trite allusions to the orders which had sprung
up during the ages of European barbarism.
This popular topic was echoed throughout the states,
and having performed its office in America, was seized
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? HAMILTON.
341
upon by Mirabeau, and depicted with all the power, art,
and eloquence of his extraordinary genius.
The distrust thus excited in the minds of the people was
cherished by persons, who, having served wholly in a civil
capacity, had long been jealous of the superior populari-
ty of Washington and of his companions in arms. One,
with cold philosophy, advised them to "melt down their
eagles"*--while another, with all the vehemence of " a
disordered imagination," denounced the association as an
inroad upon the first principles of equality--the deepest
piece of cunning yet attempted--an institution "sowing
the seeds of all that European courts wish to grow up
among us of vanity, ambition, corruption, discord, and se-
dition. "f The outcry which had been so successfully
raised was deemed of sufficient importance to require the
attention of the society.
A general meeting was convened, at which Washington,
the president-general, presided, and an abolition of the he-
reditary provision was recommended. The following
documents relating to this subject, show how entirely the
real objects of this association corresponded with its pro-
fessed purpose, and with what sentiments Washington
viewed this impeachment of his pure and elevated patri-
otism. Hamilton thus represented to him the proceedings
of the state society of New-York.
"SIR,
"Major Fairlie is just setting out on a visit to you, I
believe on some business relating to the Cincinnati. The
society of this state met some short time since, and took
into consideration the proposed alterations in the original
frame of the institution. Some were strenuous for adher-
ing to the old constitution, a few for adopting the new,
and many for a middle line. This disagreement of opin-
* Jefferson. t Adams.
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THE LIFE OF
ion, and the consideration that the different state societies
pursuing different courses--some adopting the alterations
entire, others rejecting them in the same way--others
adopting in part and rejecting in part--might beget confu-
sion and defeat good purposes, induced a proposal, which
was unanimously agreed to, that a committee should be
appointed to prepare and lay before the society a circular
letter expressive of the sense of the society on the different
alterations proposed, and recommending the giving pow-
ers to a general meeting of the Cincinnati, to make such
alterations as might be thought advisable to obviate objec-
tions and promote the interests of the society. I believe
there will be no difficulty in agreeing to change the pre-
sent mode of continuing the society; but it appears to be
the wish of our members that some other mode may be de-
fined and substituted, and that it might not be left to the
uncertainty of legislative provision. We object to putting
the funds under legislative direction. Indeed, it appears to
us the legislature will not, at present, be inclined to give
us any sanction.
"I am of the committee, and I cannot but flatter myself
that when the object is better digested and more fully ex-
plained, it will meet your approbation.
"The poor Baron is still soliciting congress, and has every
prospect of indigence before him. He has his impru-
dences, but upon the whole, he has rendered valuable ser-
vices, and his merits and the reputation of the country
alike demand that he should not be left to suffer want.
If there should be any mode by which your influence
could be employed in his favour, by writing to your
friends in congress or otherwise, the baron and his friends
would be under great obligations to you. "
Washington replied:--" I have been favoured with your
letter of the twenty-fifth of November, by Major Fairlie.
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? HAMILTON. 343
Sincerely do I wish that the several state societies had, or
would adopt the alterations that were recommended by the
general meeting in May, seventeen hundred and eighty-four.
I then thought, and have had no cause since to change my
opinion, that if the society of the Cincinnati mean to live in
peace with the rest of their fellow-citizens, they must sub-
scribe to the alterations which were at that time adopted.
"That the jealousies of, and prejudices against, this so-
ciety were carried to an unwarrantable length, I will
readily grant; and that less than was done ought to have
removed the fears which had been imbibed, I am as clear
in, as I am that it would not have done it; but it is a mat-
ter of little moment, whether the alarm which seized the
public mind was the result of foresight, envy, and jealousy,
or a disordered imagination; the effect of perseverance
would have been the same: wherein then would have
been found an equivalent for the separation of interests,
which, from my best information, not from one state only,
but many, would inevitably have taken place?
"The fears of the people are not yet removed, they only
sleep, and a very little matter will set them afloat again. ,
Had it not been for the predicament we stood in with re-
spect to the foreign officers and the charitable part of the
institution, I should, on that occasion, as far as my voice
would have gone, have endeavoured to convince the nar-
row-minded part of our countrymen that the amor patriae
was much stronger in our breasts than theirs, and that our
conduct, through the whole of the business, was actuated
by nobler and more generous sentiments than were appre-
hended, by abolishing the society at once, with a declara-
tion of the causes, and the purity of its intentions. But
the latter may be interesting to many, and the former is
an insuperable obstacle to such a step.
"I am sincerely concerned to find by your letter that
the baron is again in straitened circumstances. I am
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THE LIFE OF
much disinclined to ask favours of congress, but if I knew
what the objects of his wishes are, I should have much
pleasure in rendering him any services in my power with
such members of that body as I now and then correspond
with. I had flattered myself, from what was told me
some time ago, that congress had made a final settlement
with the baron, much to his satisfaction. "
The state society of New-York, of which Baron Steu-
ben and General Schuyler were, at that time, the presid-
ing officers, met on the fourth of July, seventeen hundred
and eighty-six; on which occasion Colonel Hamilton de-
livered an oration, and at an adjourned meeting two days
after, he presented a report, which was agreed to, in
which his views as to the hereditary succession by right
of primogeniture, and the distinction between military and
civil members, are seen.
"The committee to whom was referred the proceedings
of the society of the Cincinnati, at their last general meet-
ing, beg leave to report, that they have attentively consid-
ered the alterations proposed at that meeting to be made
in the original constitution of the society; and though they
highly approve the motives which dictated those alter-
ations, they are of opinion it would be inexpedient to adopt
them, and this chiefly on the two following accounts.
"First--Because the institution, as proposed to be altered,
would contain in itself no certain provision for the contin-
uance of the society beyond the lives of the present mem-
bers; this point being left to the regulation of charters,
which may never be obtained, and which, in the opinion
of this committee, so far as affects this object, ought never
to be granted, since the dangers apprehended from the in-
stitution could then only cease to be imaginary, when it
should receive the sanction of a legal establishment. The
utmost the society ought to wish or ask from the several
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? HAMILTON. 345
legislatures is, to enable it to appoint trustees to hold its
property, for the charitable purposes to which it is destined.
Second--Because, by a fundamental article, it obliges the
society of each state to lend its funds to the state; a pro-
vision which would be improper, for two reasons; one,
that in many cases the society might be able to dispose of
its funds to much greater advantage; the other, that the state
might not always choose to borrow from the society.
"That while the committee entertain this opinion with
respect to the proposed alterations, they are at the same
time equally of opinion, that some alterations in the origi-
nal constitution will be proper, as well in deference to the
sense of many of our fellow-citizens, as in conformity to
the true spirit of the institution itself. The alterations
they have in view respect principally the duration or suc-
cession of the society, and the distinction between honora-
ry and regular members. As to the first, the provision
intended to be made appears to them to be expressed in
terms not sufficiently explicit; and as far as it may intend
an hereditary succession by right of primogeniture, is liable
to this objection--that it refers to birth what ought to belong
to merit only; a principle inconsistent with the genius of a
society founded on friendship and patriotism. As to the
second, the distinction holds up an odious difference be-
tween men who have served their country in one way,
and those who have served it in another, and improper in
a society where the character of patriot ought to be an
equal title to all its members. "
Time has furnished the best comment on the character
and motives of this association. Notwithstanding all the
alarms which were felt, or feigned, and the jealousies which
were inflamed, these societies have retained the soli-
tary solace of a riband and a medal to commemorate
their sufferings; have persevered in performing their ori-
ginal office of silent benevolence, and are only known to
44
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? 346
THE LIFE OF
exist when they assemble to celebrate the birthday of in-
dependence; to confer a more sacred distinction upon
some modern achievement of patriotism; or to remind pos-
terity, in an unobtrusive recital of his merits, that" another
patriot of the revolution is no more. "*
The unrepealed proclamations of our great maritime
rival, or, as England was termed, in language becoming an
age of barbarism, our " natural enemy," were more wor-
thy objects of opposition, and the first efforts to teach this
"assuming brother" moderation, are among the most in-
teresting and instructive portions of American history.
The first proclamation was issued in July, seventeen
hundred and eighty-three. In December of that year,
Virginia passed a resolution recommending congress to
prohibit all intercourse, until the restrictions upon the com-
merce of the United States were removed. In the fol-
lowing year she enacted several laws of a commercial na-
ture. One was to restrict foreign vessels to certain ports.
Having instructed her delegates in congress to remonstrate
against the infractions of the treaty, and to render the col-
lection of British debts contingent upon its fulfilment, she
passed an act empowering congress to regulate trade and
to collect a revenue. In seventeen hundred and eighty-
five she gave this subject a more deliberate consideration,
and resolutions were proposed and discussed in her legis-
lature of much moment.
* The medal was of gold, suspended by a blue riband edged with white,
indicative of the union with France. The principal figure was Cincinnatus,
three senators presenting him a sword, and other military ensigns. On a field
in the background, his wife standing at the door of their cottage, near it a
plough and instruments of husbandry. Around the whole, " Omnia reliquit
servare rempublicam. " On the reverse, sun rising; a city with open gates,
and vessels entering the port; Fame crowning Cincinnatus with a wreath,
inscribed, " Virtutis premium. " Below, hands joining, supporting a heart,
with the motto, " Esto perpetua. " Round the whole, " Societas Cincinnato-
rum, mstituta A. D. 1783. "
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? HAMILTON. 347
It was moved that her delegates should be instructed to
propose a recommendation to the states, to authorize con-
gress to regulate the trade and collect the revenue upon
the following principles. To prohibit vessels of any na-
tion not in treaty from entering any of the ports of the
United States, and to impose any duties on such vessels,
or their cargoes, as they should judge necessary, provided
they were uniform throughout the union; the proceeds to
pass into the treasury of the states where they should
accrue. To this general authority restrictions were to be
annexed, that no state should impose duties on goods from
another, by land or water, but might prohibit the impor-
tation from any other state of any particular species of any
articles, which were prohibited from all other places; and
that no act of congress, affecting this subject, should be en-
tered into by less than two-thirds of the states, nor be in
force beyond a limited term. An effort was made to in-
troduce an amendment, authorizing a continuance of this
act, by a vote of two-thirds of congress, if given within a
year prior to the expiration of the limited period, or a re-
vival of it by a similar vote within a year after. After
much debate, the first resolution was so amended as to ex-
punge the words, "nations not in treaty," and to extend
the power " to any foreign nation. "*
The authority to collect a five per cent. advalorem im-
post was refused, the restrictions on the respective states
were retained, and the duration of the act was limited to
thirteen years, the amendment authorizing its being con-
tinued having been rejected. After waiting a year for the
concurrence of a sufficient number of states, in conferring
this general power upon congress, Virginia, following the
example of other states, passed a countervailing law, that
no vessels trading to the state, other than those owned
? November, 1785.
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? 348 THE LIFE OF
r
wholly by American citizens, or by states having commer-
cial treaties with the United States, should be permitted to
import any other articles, than such as were the produce
or manufacture of the state or kingdom to which they be-
longed. She gave a preference of duties to her own citi-
zens, and discriminated between states having and those
not having commercial treaties with the United States ;*
and for the purpose of encouraging ship-building within
the state, gave a drawback on the duties imposed on arti-
cles imported in Virginia built vessels, wholly owned by
citizens of the United States. These measures, viewed in
connection with the vigorous and obnoxious system of tax-
ationf she now imposed, and with the fact that she had
opened communications with France in her separate capa-
city, could leave little doubt that she was preparing for the
moment to assume her station at the head of a southern
confederacy. In this countervailing policy it is believed
that Maryland was the first of the southern states to concur.
The action of New-Jersey upon this subject was nearly
contemporaneous with that of Virginia. As early as seven-
teen hundred and seventy-eight, she had represented, when
congress were framing the articles of the confederation,
that the exclusive power of regulating trade ought to be
vested in that body, and that the commercial revenue
should be applied to the equipment of a navy and to the
common benefit. As soon as the policy of England gave
* December, 1786.
t She passed a stamp act levying duties on legal processes, and upon all
alienations of property, and following out her policy of discrimination, a car~
riage tax, which was charged per wheel on all home-built coaches, and was
more than doubled on imported carriages. She subsequently prohibited tho
importation of rum, brandies, and of all foreign malt liquors, and imposed a
tax on bar iron and castings; hemp and hempen ropes not the product or
manufacture of the United States. Thus far had that state proceeded, urged
by a strong necessity, in a system of taxation, which, though much modified,
she subsequently strenuously opposed.
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? HAMILTON.
341)
practical evidence of her wise foresight, she again resolved*
that congress ought to be invested with the power of pro-
hibition. The contiguous state of Pennsylvania had shown
herself at an early period inclined to a protective system,
and her successive laws give evidence of her desire to en-
courage and to mature domestic manufactures by bounties
and discriminations. Impelled at last by the same motives
which had influenced other states, in March, seventeen
hundred and eighty-six, she enacted a law restricting her
commerce to American vessels, unless the imports were
made in bottoms belonging to the countries of which their
cargoes were the growth, product, or manufacture, under
pain of forfeiture, and levied a tonnage duty of five per
cent. on foreign vessels, annexing a condition, that this act
should be in force until congress were invested with the
necessary powers. She at the same time declared, "that
the privilege in the degree retained by the states individu-
ally of controlling and regulating their own trade, was no
longer compatible with the general interest and welfare of
the United States; reason and experience clearly evincing
that such a privilege is productive of mutual inconveniences
and injuries among ourselves, and that the systems of seve-
ral nations, by which our merchants are excluded from
the most beneficial branches of their commerce, while the
whole of ours is laid open to them, cannot be consistently
or effectually countervailed but by a unity of counsel in
the great representative body of the United States. "
Connecticut had passed an "act for the regulation of
navigation" during the war. In the preamble to it, she re-
cited, that as " a free, sovereign, independent state, she had
an equal right with all other sovereign powers to the free
and undisturbed navigation of the high seas, and to exer-
cise a convenient jurisdiction therein. " By this act, her
<< December 24, 1783.
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? 350
THE LIFE OF
governor was appointed "superintendent of marine" and
a revenue system ,was established. In May, seventeen
hundred and eighty-four, New-Haven and New-London
were declared by her to be free ports. All persons remov-
ing there for the purpose of commerce, were to become
free citizens; and immunities were offered to foreign capi-
talists who should engage in trade. This act cautiously
provided, that no countenance should be given by it to the
slave trade, and that it should not contravene any regula-
tions which congress might be invested with, for the pur-
pose of regulating commerce. Having granted to that
body the power of raising an impost, she in the mean time
imposed specific duties on certain enumerated articles, and
an advalorem duty of five per cent. on all other imports,
not the growth, produce, or manufacture of the United
States, whether imported by land or water from any of the
states, with a remission to those imported by citizens of
the state through another state for their own consumption.
These duties were subsequently increased as to specified
articles, most of which were selected with a view to en-
courage domestic manufactures, for which purpose, she
had enacted laws granting bounties.
* Subsequent to this le-
gislation for local objects, she passed an act "vesting congress
with power to regulate the commerce of the United States. "
While the other members of the confederacy had mani-
fested so strongly their sense of the evils which the policy
of England had inflicted upon them, it was to have been
expected that Massachusetts, as the largest navigating
state, would have been the earliest to feel, the loudest to
reclaim against, the most zealous to oppose, the measures
* May, 1784. --A bounty of two pence per ounce on raw silk raised and
spun within the state. In 1787, she exempted from taxation buildings appro-
priated to the manufacture of woollen cloths, and the operatives from the
poll tax, and gave a bounty on spun yarn. Iron works were also exempted
from assessment, except slitting mills.
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? HAMILTON.
351
which paralyzed her industry. But that energetic state was
yet under the influence of the party which had been signally
hostile to Washington, and jealous of the general govern-
ment.
The actual leader of this party was Samuel Adams; the
nominal head, John Hancock. This gentleman was the
child of good fortune. It had conferred upon him an im-
portance to which he had not been destined by nature.
Limited in his information, and narrow in his views, he
was content with the influence he had acquired over the
less instructed population, in which he was much aided by
the exterior graces of manner which adorned this possessor
of enormous wealth. Jealous of his superiors, his flatter-
ers were his advisers; hence his " great vanity, and exces-
sive caprice. " He was elected the governor of Massachu-
setts in seventeen hundred and eighty, and continued in
office until seventeen hundred and eighty-five, when he
resigned his place, shrinking from the responsibilities of a
trying crisis. During his administration the government
lost its dignity, the laws their influence. An absurd jeal-
ousy of congress was cherished, and many of the people
were taught to think that Massachusetts would hold a
more dignified station as the head of a New-England con-
federacy, than as a member of the union. It was probably
under these influences that her legislature proposed, in
seventeen hundred and eighty-three, appointing delegates
to meet in convention at Hartford with the states of New-
Hampshire, Rhode Island, Connecticut, and New-York, to
confer upon the establishment of a uniform system of excise
and imposts to be adopted by those states. Hence, proba-
bly, her jealousy of a national military peace establishment.
Hence, her denunciation of the Cincinnati.
The successor of Hancock was a person of a far different
character. James Bowdoin, a man of strong sense, great
discernment, enlarged views, whose leisure from public af-
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THE LIFE OF
fairs was devoted to the sciences, and who was a valued cor-
respondent of Franklin, on that branch of natural history in
which his discoveries have conferred the largest distinction
upon the science of this country. The father of Bowdoin
was a Hugonot, a native of Rochelle, whence he took refuge
in America from religious persecution. The son grew rap-
idly in public confidence--was appointed a member of the
council under Governor Bernard, whose arbitrary proceed-
ings he firmly opposed. He moved on with the revolu-
tion, and in seventeen hundred and seventy-nine was chosen
president of the convention which framed the constitution
of the state, and was the author of several of its most
valuable provisions.
He died in seventeen hundred and ninety; but his short
career was conspicuous in events of the highest interest.
In April, seventeen hundred and eighty-five, about the time
he was chosen governor, a town meeting was held at Bos-
ton, under the auspices of Higginson and Otis, in whose
measures, influenced by the mechanics of that place, Han-
cock concurred. At this meeting, a petitU*n was prefer-
red to congress to contravene the prohibitions of England,
and a circular was addressed to other maritime places,
which, after stating the heavy port charges and other duties
levied by England, so prejudicial to the carrying trade of
the confederacy, proposed that congress should be empow-
ered to regulate commerce in order to secure reciprocity,
"and to form a national establishment" to provide for the
national debts and protect the trade. In his first message,
Governor Bowdoin, taking a larger view of the subject, pro-
posed a general convention of delegates, to define the
general powers of the confederacy, to preserve the union,
to manage the general concerns of it, and to secure and
promote its common interest. This message produced the
desired effect. The legislature of Massachusetts adopted
a resolution urging congress to recommend a convention
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? HAMILTON.
353
of the states, " to revise the confederation, and to report
how far it may be necessary in their opinion to alter or
enlarge the same, in order to secure and perpetuate the
primary objects of the union. " The governor addressed
a letter to congress, to be presented by the delegates of the
state. This important letter was not presented. The
reasons for suspending its delivery are stated in the follow-
ing reply:--
New-York, September 3, 1785.
Reasons assigned for suspending the delivery to con-
gress of the governor's letter for revising and altering the
confederation.
It may be necessary previously to observe, that many
are of opinion the states have not yet had experience suf-
ficient to determine the extent of the powers vested in
congress by the confederation, and therefore that every
measure at this time proposing an alteration is premature;
but admitting the necessity of immediately investing con-
gress with more commercial powers, it may be expedient
to inquire--
First--Whether good policy does not require that those
powers should be temporary?
In determining this question, we are led to consider the
commercial evils to be remedied, the efficacy of tempo-
rary powers for this purpose, and the disposition of the
several states touching the subject.
The evils principally consist in the impositions, restric-
tions, and prohibitions of foreign powers on our commerce,
and in the embarrassment resulting from the commercial
regulations of our own states. How far temporary pow-
ers can remedy these evils, perhaps time and experience
can only determine. Thus much may nevertheless be
suggested; that as several treaties which are now negotia-
ting by our commissioners in Europe are not to exceed
45
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THE LIFE OF
the term of fifteen years, if the commercial powers to be
vested in congress should be of a similar duration, they
may remedy the evils for that term, and at the expiration
thereof a new commercial epoch will commence, when the
states will have a more clear and comprehensive view of
their commercial interests, and of the best means for pro-
moting the same, whether by treaties abroad, or by the
delegation and exercise of greater commercial powers at
home.
Whatever the disposition of the states may be, it can only
be known by their acts; but the different views which they
have had of the subject, give reason to suppose that some
legislatures will think temporary commercial powers eligible
under present circumstances ; and should this be the opinion
of but one, an attempt immediately to delegate perpetual
commercial powers must fail, and may prevent a delega-
tion of temporary powers. For in politics as in private
life, by aiming at too much, one ofttimes accomplishes no-
thing.
Secondly--If the states are unanimously disposed to in-
crease the commercial powers of the confederacy, should
not the additional powers be in the first instance tempo-
rary, and the adoption of them as part of the confederation
depend on their beneficial effects 1 This is a question on
which we propose not to venture a decided opinion; but
experience teaches us, that in the formation of constitu-
tions and laws, the wisest men have not been able to fore-
see the evasions and abuses which in the operation have
resulted from vague terms and expressions, latent incon-
sistencies, artful constructions, and from too full and un-
guarded a delegation of powers.
Whether the subject of commerce, and the danger to
which the states may be exposed by a surrender to the
union of their commercial authority, are so fully under-
stood as to justify the consideration of an immediate altera-
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? HAMILTON.
tion of the confederation, is a matter that the legislatures
alone are competent to determine. Any of them who may
not be clear as to either of these points, will probably (as
in the other case) be in the first instance in favour of tem-
porary commercial powers, and, if approved by experience,
of adopting them as part of the confederation; but should
all the states be in favour of an immediate alteration of
the articles, will it not be expedient for them previously to
consider--that however great the abuse of this trust may
hereafter be, however grievous to a considerable part of
the union, the powers once delegated in the confederation,
cannot be revoked without the unanimous consent of the
states--that this may be earnestly sought for, but never
obtained--that the federal and state constitutions are the
great bulwarks of liberty--that if they are subject on tri-
vial, or even important occasions, to be revised and re-
revised, altered and realtered, they must cease to be con-
sidered as effectual and sacred barriers, and, like landmarks
frequently changed, will afford no certain rule for ascer-
taining the boundaries, no criterion for distinguishing be-
tween the rights of government and those of the people--
and, therefore, that every alteration of the articles should
be so thoroughly understood and digested, as scarcely to
admit the possibility of a disposition for reconsideration.
Thirdly--Shall any alteration, either temporary or per-
petual, be proposed in a way not expressly pointed out
by the confederation? The thirteenth article provides
"that every state shall abide by the determination of the
United States in congress assembled, on all questions
which by this confederation are submitted to them. And
the articles of this confederation shall be inviolably ob-
served by every state, and the union shall be perpetual;
nor shall any alteration at any time hereafter be made in
any of them, unless such alteration be agreed to in a con-
gress of the United States, and be afterwards confirmed
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THE LIFE OF
by the legislatures of every state. " Here no provision is
made for or against a convention, and therefore it may be
said not to be inconsistent with this article; but as the
proceedings of a convention would not be binding on
congress, should the latter think themselves under the ne-
cessity of rejecting the report of the former, would not
the states, after having thus incurred a considerable ex-
pense, be dissatisfied on the occasion? Would not the mem-
bers of the convention, which it must be supposed would
be men of the first abilities and influence in the several
states, be hurt, and opposed in this instance to congress?
And would not parties in the legislatures and among the
people, be the consequence? If so, may not an apprehen-
sion of these evils have a tendency to influence some mem-
bers of congress to give up their opinions respecting the
repeal, rather than be involved in contentions ; and if such
are the prospects of a convention, will not congress con-
sider it as being contrary to the spirit of the confedera-
tion? Indeed wc are doubtful whether a measure of this
kind would not be viewed as manifesting a want of confi-
dence in congress, and on this ground meet their disappro-
bation.
Fourthly--If an alteration, either temporary or perpet-
ual, of the commercial powers of congress is to be consid-
ered by a convention, shall the latter be authorized to re-
vise the confederation generally, or only for express pur-
poses? The great object of the revolution was the estab-
lishment of good government, and each of the states in
forming their own as well as the federal constitution, have
adopted republican principles. Notwithstanding this,
plans have been artfully laid and vigorously pursued,
which, had they been successful, we think would have inev-
itably changed our republican governments into baleful
aristocracies. These plans are frustrated, but the same
spirit rejnains in their abettors, and the institution of the
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? HAMILTON.
357
Cincinnati, honourable and beneficent as the views may
have been of the officers who composed it, we fear, if not
totally abolished, will have the same tendency. What the
effect then may be of calling a convention to revise the
confederation generally, we leave with your excellency
and the honourable legislature to determine.
We are apprehensive, and it is our duty to declare it,
that such a measure would produce throughout the union,
an exertion of the friends of an aristocracy to send mem-
bers who would promote a change of government; and we
can form some judgment of the p! an which such mem-
bers would report to congress. But should the members
be altogether republican, such have been the declamations
of designing men against the confederation generally,
against the rotation of members, which, perhaps, is the
best check to corruption, and against the mode of altering
the confederation by the unanimous consent of the legisla-
tures, which effectually prevents innovations in the arti-
cles by intrigue or surprise, that we think there is great
danger of a report which would invest congress with pow-
ers that the honourable legislature have not the most dis-
tant intention to delegate. Perhaps it may be said, this
can produce no ill effect, because congress may correct
the report, however exceptionable; or, if passed by them,
any of the states may refuse to ratify it. True it is that
congress and the states have such power, but would not
such a report affect the tranquillity and weaken the gov-
ernment of the union? We have already considered
the operation of the report as it would respect con-
gress; and if animosities and parties would naturally arise
from their rejecting it, how much would these be increased
if the report, approved by congress and some of the states,
should be rejected by other states! Would there not be
danger of a party spirit being thus more generally diffused
and warmly supported? Far distant we know it to be
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THE LIFE OF
from the honourable legislature of Massachusetts to give up
a single principle of republicanism, but when a general
revision shall have proceeded from their motion, and a re-
port, which to them may be highly offensive, shall have
been confirmed by seven states in congress, and ratified by
several legislatures, will not these be ready to charge Mas-
sachusetts with inconsistency in being the first to oppose a
measure which the state will be said to have originated?
Massachusetts has great weight, and is considered as one
of the most republican states in the union, and when it is
known that the legislature have proposed a general re-
vision, there can be no doubt that they will be represented
as being convinced of the necessity of increasing generally
the powers of congress, and the opinion of the state will
be urged with such art as to convince numbers that the
articles of the confederation are altogether exceptionable;
thus, while measures are taken to guard against the evils
arising from the want, in one or two particulars, of power
in congress, we are in great danger of incurring the other
extreme. "More power in congress," has been the cry
from all quarters, but especially of those whose views, not
being confined to a government that will best promote the
happiness of the people, are extended to one that will af-
ford lucrative employments civil and military. Such a
government is an aristocracy, which would require a
standing army and a numerous train of pensioners and
placemen to prop and support its exalted administration.
To recommend one's self to such an administration would be
to secure an establishment for life, and at the same time to
provide for his posterity. These are pleasing prospects
which republican governments do not afford, and it is not
to be wondered at, that many persons of elevated views
and idle habits in these states, are desirous of the change.
We are for increasing the power of congress as far as it
will promote the happiness of the people, but at the same
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? HAMILTON.
359
time are clearly of opinion that every measure should
be avoided which would strengthen the hands of the ene-
mies to free government, and that an administration of
the present confederation, with all its inconveniences, is
preferable to the risk of general dissensions and animosi-
ties, which may approach to anarchy, and prepare the way
to a ruinous system of government.
Having thus from a sense of duty we owe to the Uni-
ted States, as well as to our constituents, communicated to
your excellency our sentiments on this important subject,
we request you to lay them before the honourable legislature
at their next session, and to inform them that their meas-
ures for a general revision of the confederation, if confirm-
ed, shall be immediately communicated to congress. That
no time will be lost by the suspension, since the requisi-
tion to the important matters before congress would have
prevented them from an early attention to the propositions
of Massachusetts, and that if these had been approved by
congress, many of the legislatures being now adjourned,
could not take the same into consideration.
E. Gerry,
S. Holten,
R. King.
The consequence of this reply was a vote of the state
legislature, annulling the resolution recommending a con-
vention. * While Massachusetts had been thus urging a
change in the federal system, she passed a temporary act
of navigation and commerce. f This act prohibited the
exportation of American manufactures or productions in
British bottoms, until the English restrictions were repealed;
limited the entry of all foreign vessels to three designated
ports; and, in order to encourage ship-building, levied an
? November 25th, 1785.
tJune 13th, 1785.
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? 360
THE LIFE OF
additional tonnage duty, and a double duty upon all imports
in such vessels. * At the same session she imposed discri-
minating advalorem duties upon certain enumerated arti-
cles, and various specific duties, for the avowed purposes
of encouraging agriculture, improving the raw materials,
promoting manufactures, and inducing economy, and levied
an excise duty on distilled spirits, and on several articles
of luxury.
New-Hampshire followed the example of Massachusetts.
The acts of both of these states, it has been mentioned,
were infractions of the treaty with France. A similar
policy was adopted by Rhode Island.
These laws proved the inefficacy of state legislation.
During their operation almost every foreign ship, destined
for those states, sought other ports. Thus a commerce of
great value was lost, and with it the revenue which had
partly prompted to the discrimination. f These restrictive
enactments were soon repealed, and thus all the injuries
were suffered which are the fruits of precipitate legislation.
But these evils had a wider influence. The laws levy-
ing imposts disregarded all uniformity, both as to the rates
of duties, and as to the articles on which they were charged. J
* The tonnage duty was five shillings per ton. There was a clause in this
act, by which vessels built in Massachusetts, though owned by British sub-
jects, should, on their first outward-bound cargo, pay the same duties as native
vessels. ,
t Representations were made to the Virginia legislature that her commerce
had passed into other states, and that what she lost Maryland gained by her
lower duties.
t The disparity of duties is seen in the fiscal provisions of the southern
states, whose interests at that time approximated. Maryland had one shil-
ling and sixpence per ton on goods of those in treaty--two shillings and eight-
pence on those not in treaty. On British goods, six shillings and eight-pence,
and two shillings per ton extra on other goods. Virginia had three shillings
and sixpence on those in treaty--six shillings and sixpence on those not in
treaty, besides two per cent, extra. South Carolina, two shillings and nine-
pence on British sugars--one shilling and eight pence on those of other nations.
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? HAMILTON. 361
The consequences of this inequality were soon felt, but in-
stead of looking to the want of uniformity, as the radical
source of the mischief, the wildest remedies were resorted
to. Oppressive penalties, accumulated oaths, multiplied
revenue officers, extravagant and partial exemptions--the
obvious resources of ignorant legislation--followed; and
when these failed, the states were seen competing with
each other in a reduction of duties, in order to secure a
preference to their own ports. Another consequence of
this disordered state of things was the negotiation of com-
mercial leagues, growing out of geographical causes, be-
tween the states of New-Jersey and Pennsylvania, and of
Maryland and Virginia, in direct contravention of the sixth
article of the confederation. The remedy for these evils
had been recommended by congress--the investing them
with a general power for the regulation of commerce.
The delay to embrace it is more decisive than any other
fact of the irrational adherence to state rights. Only four
states had fully complied with this recommendation. Six
had enacted laws clogged with embarrassing conditions.
assured almost Roman limits to the new republic; but the
eastern boundary was disputed--the western denied--
while from the frowning fortresses which dotted its out-
line, each morning's drum-roll struck alarm into the breast
of the borderer, as it awakened in the crouching savage
his slumbering appetite for carnage. The interior subdi-
visions were also unsettled. The coterminous states of
Massachusetts and New-York had not yet wearied of their
disputes. Pennsylvania, though her rights had been es-
tablished under a constitutional tribunal, was threatened
with a contest with the New-England settlers at Wyo-
ming, who were preparing to refer their claims to the
most summary arbitrament. Virginia was compelled to
release Kentucky from her reluctant embraces. North
Carolina was dissevered, and a fragment of her domains
was forming into an independent state under the name of
Frankland, of which an assembly preparatory to a con-
vention had met. * While so many inducements existed to
adopt a comprehensive national policy, such was the prev-
alence of state jealousy, that instead of labouring to invig-
orate the arm of the general legislature, an aversion to the
restraints of law, and an increasing disposition to withhold
confidence from the constituted authorities, were daily de-
veloped. Instead of looking for remedies to relieve the
>> August 1, 1785.
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? 340
THE LIFE OF
public distresses, in every part of the continent the prevail-
ing anxiety appeared to be to discover new objects upon
which to vent dissatisfaction. A bill to repeal the charter
of the Bank of North America passed the assembly of
Pennsylvania. In New-York, a memorial to incorporate
the bank, of which the constitution had been framed by
Hamilton, was presented to the legislature early in seven-
teen hundred and eighty-four; but so prevalent was the
jealousy of a moneyed influence, that it was compelled to
conduct its affairs during six years without corporate im-
munities. The cry arose that banks were combinations
of the rich against the poor, although, when not abused,
their tendency is to raise industrious poverty above the
influence of wealth.
These were minor indications. The craving appetite of
discontent called for food, and the recent combinations of
military men, and the d xngers of a standing army in time
of peace, became fruitful themes of clamour. An associa-
tion of the officers of the late army, formed at the en-
campment on the Hudson, " to preserve inviolate the lib-
erties for which they had bled, to promote and cherish
national union and honour, and to render permanent the
cordial affection of the officers by acts of mutual benefi-
cence," under the now venerated title of " the Society of
the Cincinnati," to continue during the lives of the mem-
bers, with succession to their eldest male posterity, became
an object of the most violent and wide-spread hostility.
The alarm was first sounded in an address under the
signature of Cassius, written by ^Edanus Burke, a judge of
the supreme court of South Carolina, professing to prove
that this association created a race of hereditary patricians,
and full of trite allusions to the orders which had sprung
up during the ages of European barbarism.
This popular topic was echoed throughout the states,
and having performed its office in America, was seized
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? HAMILTON.
341
upon by Mirabeau, and depicted with all the power, art,
and eloquence of his extraordinary genius.
The distrust thus excited in the minds of the people was
cherished by persons, who, having served wholly in a civil
capacity, had long been jealous of the superior populari-
ty of Washington and of his companions in arms. One,
with cold philosophy, advised them to "melt down their
eagles"*--while another, with all the vehemence of " a
disordered imagination," denounced the association as an
inroad upon the first principles of equality--the deepest
piece of cunning yet attempted--an institution "sowing
the seeds of all that European courts wish to grow up
among us of vanity, ambition, corruption, discord, and se-
dition. "f The outcry which had been so successfully
raised was deemed of sufficient importance to require the
attention of the society.
A general meeting was convened, at which Washington,
the president-general, presided, and an abolition of the he-
reditary provision was recommended. The following
documents relating to this subject, show how entirely the
real objects of this association corresponded with its pro-
fessed purpose, and with what sentiments Washington
viewed this impeachment of his pure and elevated patri-
otism. Hamilton thus represented to him the proceedings
of the state society of New-York.
"SIR,
"Major Fairlie is just setting out on a visit to you, I
believe on some business relating to the Cincinnati. The
society of this state met some short time since, and took
into consideration the proposed alterations in the original
frame of the institution. Some were strenuous for adher-
ing to the old constitution, a few for adopting the new,
and many for a middle line. This disagreement of opin-
* Jefferson. t Adams.
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THE LIFE OF
ion, and the consideration that the different state societies
pursuing different courses--some adopting the alterations
entire, others rejecting them in the same way--others
adopting in part and rejecting in part--might beget confu-
sion and defeat good purposes, induced a proposal, which
was unanimously agreed to, that a committee should be
appointed to prepare and lay before the society a circular
letter expressive of the sense of the society on the different
alterations proposed, and recommending the giving pow-
ers to a general meeting of the Cincinnati, to make such
alterations as might be thought advisable to obviate objec-
tions and promote the interests of the society. I believe
there will be no difficulty in agreeing to change the pre-
sent mode of continuing the society; but it appears to be
the wish of our members that some other mode may be de-
fined and substituted, and that it might not be left to the
uncertainty of legislative provision. We object to putting
the funds under legislative direction. Indeed, it appears to
us the legislature will not, at present, be inclined to give
us any sanction.
"I am of the committee, and I cannot but flatter myself
that when the object is better digested and more fully ex-
plained, it will meet your approbation.
"The poor Baron is still soliciting congress, and has every
prospect of indigence before him. He has his impru-
dences, but upon the whole, he has rendered valuable ser-
vices, and his merits and the reputation of the country
alike demand that he should not be left to suffer want.
If there should be any mode by which your influence
could be employed in his favour, by writing to your
friends in congress or otherwise, the baron and his friends
would be under great obligations to you. "
Washington replied:--" I have been favoured with your
letter of the twenty-fifth of November, by Major Fairlie.
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? HAMILTON. 343
Sincerely do I wish that the several state societies had, or
would adopt the alterations that were recommended by the
general meeting in May, seventeen hundred and eighty-four.
I then thought, and have had no cause since to change my
opinion, that if the society of the Cincinnati mean to live in
peace with the rest of their fellow-citizens, they must sub-
scribe to the alterations which were at that time adopted.
"That the jealousies of, and prejudices against, this so-
ciety were carried to an unwarrantable length, I will
readily grant; and that less than was done ought to have
removed the fears which had been imbibed, I am as clear
in, as I am that it would not have done it; but it is a mat-
ter of little moment, whether the alarm which seized the
public mind was the result of foresight, envy, and jealousy,
or a disordered imagination; the effect of perseverance
would have been the same: wherein then would have
been found an equivalent for the separation of interests,
which, from my best information, not from one state only,
but many, would inevitably have taken place?
"The fears of the people are not yet removed, they only
sleep, and a very little matter will set them afloat again. ,
Had it not been for the predicament we stood in with re-
spect to the foreign officers and the charitable part of the
institution, I should, on that occasion, as far as my voice
would have gone, have endeavoured to convince the nar-
row-minded part of our countrymen that the amor patriae
was much stronger in our breasts than theirs, and that our
conduct, through the whole of the business, was actuated
by nobler and more generous sentiments than were appre-
hended, by abolishing the society at once, with a declara-
tion of the causes, and the purity of its intentions. But
the latter may be interesting to many, and the former is
an insuperable obstacle to such a step.
"I am sincerely concerned to find by your letter that
the baron is again in straitened circumstances. I am
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THE LIFE OF
much disinclined to ask favours of congress, but if I knew
what the objects of his wishes are, I should have much
pleasure in rendering him any services in my power with
such members of that body as I now and then correspond
with. I had flattered myself, from what was told me
some time ago, that congress had made a final settlement
with the baron, much to his satisfaction. "
The state society of New-York, of which Baron Steu-
ben and General Schuyler were, at that time, the presid-
ing officers, met on the fourth of July, seventeen hundred
and eighty-six; on which occasion Colonel Hamilton de-
livered an oration, and at an adjourned meeting two days
after, he presented a report, which was agreed to, in
which his views as to the hereditary succession by right
of primogeniture, and the distinction between military and
civil members, are seen.
"The committee to whom was referred the proceedings
of the society of the Cincinnati, at their last general meet-
ing, beg leave to report, that they have attentively consid-
ered the alterations proposed at that meeting to be made
in the original constitution of the society; and though they
highly approve the motives which dictated those alter-
ations, they are of opinion it would be inexpedient to adopt
them, and this chiefly on the two following accounts.
"First--Because the institution, as proposed to be altered,
would contain in itself no certain provision for the contin-
uance of the society beyond the lives of the present mem-
bers; this point being left to the regulation of charters,
which may never be obtained, and which, in the opinion
of this committee, so far as affects this object, ought never
to be granted, since the dangers apprehended from the in-
stitution could then only cease to be imaginary, when it
should receive the sanction of a legal establishment. The
utmost the society ought to wish or ask from the several
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? HAMILTON. 345
legislatures is, to enable it to appoint trustees to hold its
property, for the charitable purposes to which it is destined.
Second--Because, by a fundamental article, it obliges the
society of each state to lend its funds to the state; a pro-
vision which would be improper, for two reasons; one,
that in many cases the society might be able to dispose of
its funds to much greater advantage; the other, that the state
might not always choose to borrow from the society.
"That while the committee entertain this opinion with
respect to the proposed alterations, they are at the same
time equally of opinion, that some alterations in the origi-
nal constitution will be proper, as well in deference to the
sense of many of our fellow-citizens, as in conformity to
the true spirit of the institution itself. The alterations
they have in view respect principally the duration or suc-
cession of the society, and the distinction between honora-
ry and regular members. As to the first, the provision
intended to be made appears to them to be expressed in
terms not sufficiently explicit; and as far as it may intend
an hereditary succession by right of primogeniture, is liable
to this objection--that it refers to birth what ought to belong
to merit only; a principle inconsistent with the genius of a
society founded on friendship and patriotism. As to the
second, the distinction holds up an odious difference be-
tween men who have served their country in one way,
and those who have served it in another, and improper in
a society where the character of patriot ought to be an
equal title to all its members. "
Time has furnished the best comment on the character
and motives of this association. Notwithstanding all the
alarms which were felt, or feigned, and the jealousies which
were inflamed, these societies have retained the soli-
tary solace of a riband and a medal to commemorate
their sufferings; have persevered in performing their ori-
ginal office of silent benevolence, and are only known to
44
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THE LIFE OF
exist when they assemble to celebrate the birthday of in-
dependence; to confer a more sacred distinction upon
some modern achievement of patriotism; or to remind pos-
terity, in an unobtrusive recital of his merits, that" another
patriot of the revolution is no more. "*
The unrepealed proclamations of our great maritime
rival, or, as England was termed, in language becoming an
age of barbarism, our " natural enemy," were more wor-
thy objects of opposition, and the first efforts to teach this
"assuming brother" moderation, are among the most in-
teresting and instructive portions of American history.
The first proclamation was issued in July, seventeen
hundred and eighty-three. In December of that year,
Virginia passed a resolution recommending congress to
prohibit all intercourse, until the restrictions upon the com-
merce of the United States were removed. In the fol-
lowing year she enacted several laws of a commercial na-
ture. One was to restrict foreign vessels to certain ports.
Having instructed her delegates in congress to remonstrate
against the infractions of the treaty, and to render the col-
lection of British debts contingent upon its fulfilment, she
passed an act empowering congress to regulate trade and
to collect a revenue. In seventeen hundred and eighty-
five she gave this subject a more deliberate consideration,
and resolutions were proposed and discussed in her legis-
lature of much moment.
* The medal was of gold, suspended by a blue riband edged with white,
indicative of the union with France. The principal figure was Cincinnatus,
three senators presenting him a sword, and other military ensigns. On a field
in the background, his wife standing at the door of their cottage, near it a
plough and instruments of husbandry. Around the whole, " Omnia reliquit
servare rempublicam. " On the reverse, sun rising; a city with open gates,
and vessels entering the port; Fame crowning Cincinnatus with a wreath,
inscribed, " Virtutis premium. " Below, hands joining, supporting a heart,
with the motto, " Esto perpetua. " Round the whole, " Societas Cincinnato-
rum, mstituta A. D. 1783. "
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? HAMILTON. 347
It was moved that her delegates should be instructed to
propose a recommendation to the states, to authorize con-
gress to regulate the trade and collect the revenue upon
the following principles. To prohibit vessels of any na-
tion not in treaty from entering any of the ports of the
United States, and to impose any duties on such vessels,
or their cargoes, as they should judge necessary, provided
they were uniform throughout the union; the proceeds to
pass into the treasury of the states where they should
accrue. To this general authority restrictions were to be
annexed, that no state should impose duties on goods from
another, by land or water, but might prohibit the impor-
tation from any other state of any particular species of any
articles, which were prohibited from all other places; and
that no act of congress, affecting this subject, should be en-
tered into by less than two-thirds of the states, nor be in
force beyond a limited term. An effort was made to in-
troduce an amendment, authorizing a continuance of this
act, by a vote of two-thirds of congress, if given within a
year prior to the expiration of the limited period, or a re-
vival of it by a similar vote within a year after. After
much debate, the first resolution was so amended as to ex-
punge the words, "nations not in treaty," and to extend
the power " to any foreign nation. "*
The authority to collect a five per cent. advalorem im-
post was refused, the restrictions on the respective states
were retained, and the duration of the act was limited to
thirteen years, the amendment authorizing its being con-
tinued having been rejected. After waiting a year for the
concurrence of a sufficient number of states, in conferring
this general power upon congress, Virginia, following the
example of other states, passed a countervailing law, that
no vessels trading to the state, other than those owned
? November, 1785.
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? 348 THE LIFE OF
r
wholly by American citizens, or by states having commer-
cial treaties with the United States, should be permitted to
import any other articles, than such as were the produce
or manufacture of the state or kingdom to which they be-
longed. She gave a preference of duties to her own citi-
zens, and discriminated between states having and those
not having commercial treaties with the United States ;*
and for the purpose of encouraging ship-building within
the state, gave a drawback on the duties imposed on arti-
cles imported in Virginia built vessels, wholly owned by
citizens of the United States. These measures, viewed in
connection with the vigorous and obnoxious system of tax-
ationf she now imposed, and with the fact that she had
opened communications with France in her separate capa-
city, could leave little doubt that she was preparing for the
moment to assume her station at the head of a southern
confederacy. In this countervailing policy it is believed
that Maryland was the first of the southern states to concur.
The action of New-Jersey upon this subject was nearly
contemporaneous with that of Virginia. As early as seven-
teen hundred and seventy-eight, she had represented, when
congress were framing the articles of the confederation,
that the exclusive power of regulating trade ought to be
vested in that body, and that the commercial revenue
should be applied to the equipment of a navy and to the
common benefit. As soon as the policy of England gave
* December, 1786.
t She passed a stamp act levying duties on legal processes, and upon all
alienations of property, and following out her policy of discrimination, a car~
riage tax, which was charged per wheel on all home-built coaches, and was
more than doubled on imported carriages. She subsequently prohibited tho
importation of rum, brandies, and of all foreign malt liquors, and imposed a
tax on bar iron and castings; hemp and hempen ropes not the product or
manufacture of the United States. Thus far had that state proceeded, urged
by a strong necessity, in a system of taxation, which, though much modified,
she subsequently strenuously opposed.
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? HAMILTON.
341)
practical evidence of her wise foresight, she again resolved*
that congress ought to be invested with the power of pro-
hibition. The contiguous state of Pennsylvania had shown
herself at an early period inclined to a protective system,
and her successive laws give evidence of her desire to en-
courage and to mature domestic manufactures by bounties
and discriminations. Impelled at last by the same motives
which had influenced other states, in March, seventeen
hundred and eighty-six, she enacted a law restricting her
commerce to American vessels, unless the imports were
made in bottoms belonging to the countries of which their
cargoes were the growth, product, or manufacture, under
pain of forfeiture, and levied a tonnage duty of five per
cent. on foreign vessels, annexing a condition, that this act
should be in force until congress were invested with the
necessary powers. She at the same time declared, "that
the privilege in the degree retained by the states individu-
ally of controlling and regulating their own trade, was no
longer compatible with the general interest and welfare of
the United States; reason and experience clearly evincing
that such a privilege is productive of mutual inconveniences
and injuries among ourselves, and that the systems of seve-
ral nations, by which our merchants are excluded from
the most beneficial branches of their commerce, while the
whole of ours is laid open to them, cannot be consistently
or effectually countervailed but by a unity of counsel in
the great representative body of the United States. "
Connecticut had passed an "act for the regulation of
navigation" during the war. In the preamble to it, she re-
cited, that as " a free, sovereign, independent state, she had
an equal right with all other sovereign powers to the free
and undisturbed navigation of the high seas, and to exer-
cise a convenient jurisdiction therein. " By this act, her
<< December 24, 1783.
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? 350
THE LIFE OF
governor was appointed "superintendent of marine" and
a revenue system ,was established. In May, seventeen
hundred and eighty-four, New-Haven and New-London
were declared by her to be free ports. All persons remov-
ing there for the purpose of commerce, were to become
free citizens; and immunities were offered to foreign capi-
talists who should engage in trade. This act cautiously
provided, that no countenance should be given by it to the
slave trade, and that it should not contravene any regula-
tions which congress might be invested with, for the pur-
pose of regulating commerce. Having granted to that
body the power of raising an impost, she in the mean time
imposed specific duties on certain enumerated articles, and
an advalorem duty of five per cent. on all other imports,
not the growth, produce, or manufacture of the United
States, whether imported by land or water from any of the
states, with a remission to those imported by citizens of
the state through another state for their own consumption.
These duties were subsequently increased as to specified
articles, most of which were selected with a view to en-
courage domestic manufactures, for which purpose, she
had enacted laws granting bounties.
* Subsequent to this le-
gislation for local objects, she passed an act "vesting congress
with power to regulate the commerce of the United States. "
While the other members of the confederacy had mani-
fested so strongly their sense of the evils which the policy
of England had inflicted upon them, it was to have been
expected that Massachusetts, as the largest navigating
state, would have been the earliest to feel, the loudest to
reclaim against, the most zealous to oppose, the measures
* May, 1784. --A bounty of two pence per ounce on raw silk raised and
spun within the state. In 1787, she exempted from taxation buildings appro-
priated to the manufacture of woollen cloths, and the operatives from the
poll tax, and gave a bounty on spun yarn. Iron works were also exempted
from assessment, except slitting mills.
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? HAMILTON.
351
which paralyzed her industry. But that energetic state was
yet under the influence of the party which had been signally
hostile to Washington, and jealous of the general govern-
ment.
The actual leader of this party was Samuel Adams; the
nominal head, John Hancock. This gentleman was the
child of good fortune. It had conferred upon him an im-
portance to which he had not been destined by nature.
Limited in his information, and narrow in his views, he
was content with the influence he had acquired over the
less instructed population, in which he was much aided by
the exterior graces of manner which adorned this possessor
of enormous wealth. Jealous of his superiors, his flatter-
ers were his advisers; hence his " great vanity, and exces-
sive caprice. " He was elected the governor of Massachu-
setts in seventeen hundred and eighty, and continued in
office until seventeen hundred and eighty-five, when he
resigned his place, shrinking from the responsibilities of a
trying crisis. During his administration the government
lost its dignity, the laws their influence. An absurd jeal-
ousy of congress was cherished, and many of the people
were taught to think that Massachusetts would hold a
more dignified station as the head of a New-England con-
federacy, than as a member of the union. It was probably
under these influences that her legislature proposed, in
seventeen hundred and eighty-three, appointing delegates
to meet in convention at Hartford with the states of New-
Hampshire, Rhode Island, Connecticut, and New-York, to
confer upon the establishment of a uniform system of excise
and imposts to be adopted by those states. Hence, proba-
bly, her jealousy of a national military peace establishment.
Hence, her denunciation of the Cincinnati.
The successor of Hancock was a person of a far different
character. James Bowdoin, a man of strong sense, great
discernment, enlarged views, whose leisure from public af-
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? 352
THE LIFE OF
fairs was devoted to the sciences, and who was a valued cor-
respondent of Franklin, on that branch of natural history in
which his discoveries have conferred the largest distinction
upon the science of this country. The father of Bowdoin
was a Hugonot, a native of Rochelle, whence he took refuge
in America from religious persecution. The son grew rap-
idly in public confidence--was appointed a member of the
council under Governor Bernard, whose arbitrary proceed-
ings he firmly opposed. He moved on with the revolu-
tion, and in seventeen hundred and seventy-nine was chosen
president of the convention which framed the constitution
of the state, and was the author of several of its most
valuable provisions.
He died in seventeen hundred and ninety; but his short
career was conspicuous in events of the highest interest.
In April, seventeen hundred and eighty-five, about the time
he was chosen governor, a town meeting was held at Bos-
ton, under the auspices of Higginson and Otis, in whose
measures, influenced by the mechanics of that place, Han-
cock concurred. At this meeting, a petitU*n was prefer-
red to congress to contravene the prohibitions of England,
and a circular was addressed to other maritime places,
which, after stating the heavy port charges and other duties
levied by England, so prejudicial to the carrying trade of
the confederacy, proposed that congress should be empow-
ered to regulate commerce in order to secure reciprocity,
"and to form a national establishment" to provide for the
national debts and protect the trade. In his first message,
Governor Bowdoin, taking a larger view of the subject, pro-
posed a general convention of delegates, to define the
general powers of the confederacy, to preserve the union,
to manage the general concerns of it, and to secure and
promote its common interest. This message produced the
desired effect. The legislature of Massachusetts adopted
a resolution urging congress to recommend a convention
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? HAMILTON.
353
of the states, " to revise the confederation, and to report
how far it may be necessary in their opinion to alter or
enlarge the same, in order to secure and perpetuate the
primary objects of the union. " The governor addressed
a letter to congress, to be presented by the delegates of the
state. This important letter was not presented. The
reasons for suspending its delivery are stated in the follow-
ing reply:--
New-York, September 3, 1785.
Reasons assigned for suspending the delivery to con-
gress of the governor's letter for revising and altering the
confederation.
It may be necessary previously to observe, that many
are of opinion the states have not yet had experience suf-
ficient to determine the extent of the powers vested in
congress by the confederation, and therefore that every
measure at this time proposing an alteration is premature;
but admitting the necessity of immediately investing con-
gress with more commercial powers, it may be expedient
to inquire--
First--Whether good policy does not require that those
powers should be temporary?
In determining this question, we are led to consider the
commercial evils to be remedied, the efficacy of tempo-
rary powers for this purpose, and the disposition of the
several states touching the subject.
The evils principally consist in the impositions, restric-
tions, and prohibitions of foreign powers on our commerce,
and in the embarrassment resulting from the commercial
regulations of our own states. How far temporary pow-
ers can remedy these evils, perhaps time and experience
can only determine. Thus much may nevertheless be
suggested; that as several treaties which are now negotia-
ting by our commissioners in Europe are not to exceed
45
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? 354
THE LIFE OF
the term of fifteen years, if the commercial powers to be
vested in congress should be of a similar duration, they
may remedy the evils for that term, and at the expiration
thereof a new commercial epoch will commence, when the
states will have a more clear and comprehensive view of
their commercial interests, and of the best means for pro-
moting the same, whether by treaties abroad, or by the
delegation and exercise of greater commercial powers at
home.
Whatever the disposition of the states may be, it can only
be known by their acts; but the different views which they
have had of the subject, give reason to suppose that some
legislatures will think temporary commercial powers eligible
under present circumstances ; and should this be the opinion
of but one, an attempt immediately to delegate perpetual
commercial powers must fail, and may prevent a delega-
tion of temporary powers. For in politics as in private
life, by aiming at too much, one ofttimes accomplishes no-
thing.
Secondly--If the states are unanimously disposed to in-
crease the commercial powers of the confederacy, should
not the additional powers be in the first instance tempo-
rary, and the adoption of them as part of the confederation
depend on their beneficial effects 1 This is a question on
which we propose not to venture a decided opinion; but
experience teaches us, that in the formation of constitu-
tions and laws, the wisest men have not been able to fore-
see the evasions and abuses which in the operation have
resulted from vague terms and expressions, latent incon-
sistencies, artful constructions, and from too full and un-
guarded a delegation of powers.
Whether the subject of commerce, and the danger to
which the states may be exposed by a surrender to the
union of their commercial authority, are so fully under-
stood as to justify the consideration of an immediate altera-
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? HAMILTON.
tion of the confederation, is a matter that the legislatures
alone are competent to determine. Any of them who may
not be clear as to either of these points, will probably (as
in the other case) be in the first instance in favour of tem-
porary commercial powers, and, if approved by experience,
of adopting them as part of the confederation; but should
all the states be in favour of an immediate alteration of
the articles, will it not be expedient for them previously to
consider--that however great the abuse of this trust may
hereafter be, however grievous to a considerable part of
the union, the powers once delegated in the confederation,
cannot be revoked without the unanimous consent of the
states--that this may be earnestly sought for, but never
obtained--that the federal and state constitutions are the
great bulwarks of liberty--that if they are subject on tri-
vial, or even important occasions, to be revised and re-
revised, altered and realtered, they must cease to be con-
sidered as effectual and sacred barriers, and, like landmarks
frequently changed, will afford no certain rule for ascer-
taining the boundaries, no criterion for distinguishing be-
tween the rights of government and those of the people--
and, therefore, that every alteration of the articles should
be so thoroughly understood and digested, as scarcely to
admit the possibility of a disposition for reconsideration.
Thirdly--Shall any alteration, either temporary or per-
petual, be proposed in a way not expressly pointed out
by the confederation? The thirteenth article provides
"that every state shall abide by the determination of the
United States in congress assembled, on all questions
which by this confederation are submitted to them. And
the articles of this confederation shall be inviolably ob-
served by every state, and the union shall be perpetual;
nor shall any alteration at any time hereafter be made in
any of them, unless such alteration be agreed to in a con-
gress of the United States, and be afterwards confirmed
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? 356
THE LIFE OF
by the legislatures of every state. " Here no provision is
made for or against a convention, and therefore it may be
said not to be inconsistent with this article; but as the
proceedings of a convention would not be binding on
congress, should the latter think themselves under the ne-
cessity of rejecting the report of the former, would not
the states, after having thus incurred a considerable ex-
pense, be dissatisfied on the occasion? Would not the mem-
bers of the convention, which it must be supposed would
be men of the first abilities and influence in the several
states, be hurt, and opposed in this instance to congress?
And would not parties in the legislatures and among the
people, be the consequence? If so, may not an apprehen-
sion of these evils have a tendency to influence some mem-
bers of congress to give up their opinions respecting the
repeal, rather than be involved in contentions ; and if such
are the prospects of a convention, will not congress con-
sider it as being contrary to the spirit of the confedera-
tion? Indeed wc are doubtful whether a measure of this
kind would not be viewed as manifesting a want of confi-
dence in congress, and on this ground meet their disappro-
bation.
Fourthly--If an alteration, either temporary or perpet-
ual, of the commercial powers of congress is to be consid-
ered by a convention, shall the latter be authorized to re-
vise the confederation generally, or only for express pur-
poses? The great object of the revolution was the estab-
lishment of good government, and each of the states in
forming their own as well as the federal constitution, have
adopted republican principles. Notwithstanding this,
plans have been artfully laid and vigorously pursued,
which, had they been successful, we think would have inev-
itably changed our republican governments into baleful
aristocracies. These plans are frustrated, but the same
spirit rejnains in their abettors, and the institution of the
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? HAMILTON.
357
Cincinnati, honourable and beneficent as the views may
have been of the officers who composed it, we fear, if not
totally abolished, will have the same tendency. What the
effect then may be of calling a convention to revise the
confederation generally, we leave with your excellency
and the honourable legislature to determine.
We are apprehensive, and it is our duty to declare it,
that such a measure would produce throughout the union,
an exertion of the friends of an aristocracy to send mem-
bers who would promote a change of government; and we
can form some judgment of the p! an which such mem-
bers would report to congress. But should the members
be altogether republican, such have been the declamations
of designing men against the confederation generally,
against the rotation of members, which, perhaps, is the
best check to corruption, and against the mode of altering
the confederation by the unanimous consent of the legisla-
tures, which effectually prevents innovations in the arti-
cles by intrigue or surprise, that we think there is great
danger of a report which would invest congress with pow-
ers that the honourable legislature have not the most dis-
tant intention to delegate. Perhaps it may be said, this
can produce no ill effect, because congress may correct
the report, however exceptionable; or, if passed by them,
any of the states may refuse to ratify it. True it is that
congress and the states have such power, but would not
such a report affect the tranquillity and weaken the gov-
ernment of the union? We have already considered
the operation of the report as it would respect con-
gress; and if animosities and parties would naturally arise
from their rejecting it, how much would these be increased
if the report, approved by congress and some of the states,
should be rejected by other states! Would there not be
danger of a party spirit being thus more generally diffused
and warmly supported? Far distant we know it to be
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THE LIFE OF
from the honourable legislature of Massachusetts to give up
a single principle of republicanism, but when a general
revision shall have proceeded from their motion, and a re-
port, which to them may be highly offensive, shall have
been confirmed by seven states in congress, and ratified by
several legislatures, will not these be ready to charge Mas-
sachusetts with inconsistency in being the first to oppose a
measure which the state will be said to have originated?
Massachusetts has great weight, and is considered as one
of the most republican states in the union, and when it is
known that the legislature have proposed a general re-
vision, there can be no doubt that they will be represented
as being convinced of the necessity of increasing generally
the powers of congress, and the opinion of the state will
be urged with such art as to convince numbers that the
articles of the confederation are altogether exceptionable;
thus, while measures are taken to guard against the evils
arising from the want, in one or two particulars, of power
in congress, we are in great danger of incurring the other
extreme. "More power in congress," has been the cry
from all quarters, but especially of those whose views, not
being confined to a government that will best promote the
happiness of the people, are extended to one that will af-
ford lucrative employments civil and military. Such a
government is an aristocracy, which would require a
standing army and a numerous train of pensioners and
placemen to prop and support its exalted administration.
To recommend one's self to such an administration would be
to secure an establishment for life, and at the same time to
provide for his posterity. These are pleasing prospects
which republican governments do not afford, and it is not
to be wondered at, that many persons of elevated views
and idle habits in these states, are desirous of the change.
We are for increasing the power of congress as far as it
will promote the happiness of the people, but at the same
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? HAMILTON.
359
time are clearly of opinion that every measure should
be avoided which would strengthen the hands of the ene-
mies to free government, and that an administration of
the present confederation, with all its inconveniences, is
preferable to the risk of general dissensions and animosi-
ties, which may approach to anarchy, and prepare the way
to a ruinous system of government.
Having thus from a sense of duty we owe to the Uni-
ted States, as well as to our constituents, communicated to
your excellency our sentiments on this important subject,
we request you to lay them before the honourable legislature
at their next session, and to inform them that their meas-
ures for a general revision of the confederation, if confirm-
ed, shall be immediately communicated to congress. That
no time will be lost by the suspension, since the requisi-
tion to the important matters before congress would have
prevented them from an early attention to the propositions
of Massachusetts, and that if these had been approved by
congress, many of the legislatures being now adjourned,
could not take the same into consideration.
E. Gerry,
S. Holten,
R. King.
The consequence of this reply was a vote of the state
legislature, annulling the resolution recommending a con-
vention. * While Massachusetts had been thus urging a
change in the federal system, she passed a temporary act
of navigation and commerce. f This act prohibited the
exportation of American manufactures or productions in
British bottoms, until the English restrictions were repealed;
limited the entry of all foreign vessels to three designated
ports; and, in order to encourage ship-building, levied an
? November 25th, 1785.
tJune 13th, 1785.
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THE LIFE OF
additional tonnage duty, and a double duty upon all imports
in such vessels. * At the same session she imposed discri-
minating advalorem duties upon certain enumerated arti-
cles, and various specific duties, for the avowed purposes
of encouraging agriculture, improving the raw materials,
promoting manufactures, and inducing economy, and levied
an excise duty on distilled spirits, and on several articles
of luxury.
New-Hampshire followed the example of Massachusetts.
The acts of both of these states, it has been mentioned,
were infractions of the treaty with France. A similar
policy was adopted by Rhode Island.
These laws proved the inefficacy of state legislation.
During their operation almost every foreign ship, destined
for those states, sought other ports. Thus a commerce of
great value was lost, and with it the revenue which had
partly prompted to the discrimination. f These restrictive
enactments were soon repealed, and thus all the injuries
were suffered which are the fruits of precipitate legislation.
But these evils had a wider influence. The laws levy-
ing imposts disregarded all uniformity, both as to the rates
of duties, and as to the articles on which they were charged. J
* The tonnage duty was five shillings per ton. There was a clause in this
act, by which vessels built in Massachusetts, though owned by British sub-
jects, should, on their first outward-bound cargo, pay the same duties as native
vessels. ,
t Representations were made to the Virginia legislature that her commerce
had passed into other states, and that what she lost Maryland gained by her
lower duties.
t The disparity of duties is seen in the fiscal provisions of the southern
states, whose interests at that time approximated. Maryland had one shil-
ling and sixpence per ton on goods of those in treaty--two shillings and eight-
pence on those not in treaty. On British goods, six shillings and eight-pence,
and two shillings per ton extra on other goods. Virginia had three shillings
and sixpence on those in treaty--six shillings and sixpence on those not in
treaty, besides two per cent, extra. South Carolina, two shillings and nine-
pence on British sugars--one shilling and eight pence on those of other nations.
? ? Generated for (University of Chicago) on 2014-08-20 03:42 GMT / http://hdl. handle. net/2027/uva. x000275492 Public Domain, Google-digitized / http://www. hathitrust. org/access_use#pd-google
? HAMILTON. 361
The consequences of this inequality were soon felt, but in-
stead of looking to the want of uniformity, as the radical
source of the mischief, the wildest remedies were resorted
to. Oppressive penalties, accumulated oaths, multiplied
revenue officers, extravagant and partial exemptions--the
obvious resources of ignorant legislation--followed; and
when these failed, the states were seen competing with
each other in a reduction of duties, in order to secure a
preference to their own ports. Another consequence of
this disordered state of things was the negotiation of com-
mercial leagues, growing out of geographical causes, be-
tween the states of New-Jersey and Pennsylvania, and of
Maryland and Virginia, in direct contravention of the sixth
article of the confederation. The remedy for these evils
had been recommended by congress--the investing them
with a general power for the regulation of commerce.
The delay to embrace it is more decisive than any other
fact of the irrational adherence to state rights. Only four
states had fully complied with this recommendation. Six
had enacted laws clogged with embarrassing conditions.
