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?
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?
Hamilton - 1834 - Life on Hamilton - v2
org/access_use#pd-google
? 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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? 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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? 358
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.
Two had wholly disregarded it.
How narrow were the views which could not see the
advantages of an unrestrained intercourse between the
states, thus increasing the variety of exports, and enlarging
the field of commercial enterprise! How blind the jeal-
ousy which, in withholding a central power to regulate
commerce, overlooked the obvious facts, that, intersected
as the states are by deeply penetrating rivers, or divided by
artificial boundaries, no efficient guards against illicit trade
could be interposed by means consistent with the maxims
of a mild policy, and with a moderate expense; and that
the necessary expense would compel a resort to harsh and
onerous systems of taxation; that thus the states "would
be obliged," in Hamilton's language, "to strengthen the
executive arm of government, in doing which their consti-
46
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? 362 THE LIFE OF
t
tutions would acquire a progressive direction towards
monarchy. "
At the meeting of the legislature of New-York, in the
year seventeen hundred and eighty-four, Governor Clinton
proposed an enlargement of the powers of congress, if ne-
cessary, to counteract the British proclamations. He also
suggested the establishment of funds to pay the interest
and discharge the principal of the state debt, and indicated
as means, exclusive of direct taxation, the sale of the pub-
lic lands, internal duties and excises, marine passes, and a
tax on sales at auction. The suggestion as to the enlarge-
ment of the powers of congress, was not acted upon.
The state preferred exercising a control over its com-
merce, and having established a customhouse, passed an
act regulating the customs. This act imposed a double
duty on distilled spirits imported in vessels having a Brit-
ish register, but made no other discrimination. A similar
duty was, during the next year, proposed on all imports in
vessels owned in whole or in part by British subjects, un-
less, for the purpose of encouraging navigation, such ves-
sels were built within the state. *
Sensible of the necessity of conferring this power on the
confederacy, General Schuyler opposed this act in the sen-
ate, and Duer in the assembly. It was negatived by the
council of revision, on the ground " that every attempt by
a state to regulate trade without the concurrence of others,
must produce injury to the state, without any general
good; that partial duties would lead to countervailing du-
ties, and that state legislation on this subject, would inter-
fere with and embarrass the commercial treaties. " It nev-
ertheless became a law.
* Congress had, in April, 1784, recommended the grant of a general pow-
er to them for this purpose. This local act was passed in the following No-
vember.
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? HAMILTON. 363
Assured that the conferring on congress the sole power
of commercial regulation, would be an important step to-
wards the institution of a more efficient government,
Hamilton is now seen again exerting his influence. The
chamber of commerce were advised to petition the legisla-
ture. A large meeting was convened in New-York,
which was earnestly addressed by him, and passed resolu-
tions recommending the measure. Circulars were issued
to the other states, and a correspondence opened, which
urged an enlargement of the powers of congress to enable
them to regulate trade and to establish a navy.
The legislature yielded to these combined efforts, and at
the end of the session of seventeen hundred and eighty-five,
passed an act to vest congress for a term of fifteen years
with power to prohibit the importation or exportation of
articles of commerce in the vessels of states " not in treaty,"
and also to prohibit the subjects of any foreign state, not in
treaty, from importing any goods or merchandise, not the
produce or manufacture of the sovereign whose subjects
they were. But an express proviso was annexed, excluding
the United States from collecting any revenue or duties
within the state, without the sanction of its legislature.
The delay of New-York to concur in this measure of
general relief, had created great excitement in the adjoin-
ing states of New-Jersey and Connecticut. The former
declared Perth Amboy and Burlington free ports, and of-
fered special exemptions to merchants removing thither, as
lures to commercial capital. In Connecticut, such was the
discontent, that an entire prohibition of all intercourse
with its southern neighbour was proposed, and would
probably soon have been attempted.
While this conflicting legislation prevailed in the various
states, the patience of the suffering people was nearly ex--
hausted. In several, the debtors were seen striving to obtain
an ascendency in the legislatures, and by suspension acts to
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? 3G4 THE LIFE OF
delay the collection of debts; and a general disposition was
discovered, notwithstanding its evils had so recently been
felt, to seek relief in state emissions of paper money.
A majority was found in New-York, in despite of the
most earnest remonstrances through the press, in favour of
the issue of bills of credit, which were declared a legal
tender, and a discrimination was contemplated among the
different classes of creditors. Two-fifths of the debt due
by congress to the state were to be provided for, and the
claims of the army, of the holders of the loan-office certifi-
cates, and of the board of treasury, were to be turned over
to the exhausted exchequer of the union,--thus by divi-
ding the interests of the creditors, to weaken one of the
principal supports of the continental system. A bill for
the emission of state paper also passed the assembly of
New-Jersey, but was rejected by the council through the
firmness of Governor Livingston. So great was the pop-
ular excitement against him, that this virtuous patriot was
loudly decried and burned in effigy.
South Carolina adopted a similar policy. Every effort
was made by its citizens to sustain the credit of the paper;
but such were their impoverishment and discord, that it
was thought necessary to pass laws tantamount to closing
the courts of justice. North Carolina and Georgia* fol-
lowed this vicious example. Thus, of the southern states,
Maryland and Virginia only escaped the contagion.
Rhode Island, whose conduct had become a reproach
to its inhabitants, did not merely issue a state paper, but
finding it rapidly sinking, passed laws, rendering a refusal
of it at specie value highly penal in the first instance--
declared that a second offence should be followed by
disfranchisement, and created special tribunals to try the
? The paper of North Carolina is stated to have depreciated 25 per cent;
that of Georgia and Rhode Island, 80 per cent.
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? HAMILTON.
365
offenders, depriving, by a formal enactment, the accused
party of trial by jury. Clauses were added imposing
a test oath to support the paper at par, suspending all
officers who should not subscribe it within twenty days
after its date, rendering a subscription of this oath a quali-
fication of the next legislature, and compelling every male
who had arrived at manhood to take it, or be disfranchised.
It was called the bloody bill. An information was filed
for refusing the paper. The judges of the supreme court
decided against it. They were summoned to appear before
the assembly to explain their decision: four of them were
displaced by the omnipotence of the democracy.
Indignant at these reckless proceedings, Connecticut
enacted a retaliatory law suspending existing suits, and
forbidding the commencement of others.
Indications of a similar temper were evinced in Massa-
chusetts. A proposition was widely circulated, that the
New-England states should virtually abdicate the union by
the withdrawal of their delegates from congress; and in the
disorganizing rage for dismemberment, her western coun-
ties began to look to a severance from her dominion. But
, as a state, Massachusetts firmly adhered to the obligations
of good faith, resisted every effort to emit paper, rejected
with indignation a proposal to purchase her securities at
a depreciated value, granted the impost to congress, and
subsequently passed a law to carry into effect its proposi-
tions for supplementary funds.
The vigour of character which distinguished her in her
support of the public faith, was not less shown by that
part of her population who, from a variety of causes, were
opposed to the requirements of justice.
While in other states much noisy discontent and angry
clamour were heard, among this energetic people dissatis-
faction soon ripened into rebellion.
Peculiar causes had combined to increase the pressure
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? 300
THE LIFE OF
on the states of Massachusetts and New-Hampshire.
Their seaboard population, from being engaged in the
fisheries, and thus following pursuits far removed from
the influence of the laws, were little accustomed to re-
straint. Thrown out of their ordinary occupations at a
time when the price of labour was low, they were com-
pelled to seek subsistence on any terms, and thus diminished
its general value. The demand for supplies created by
their remote expeditions had ceased. The commercial
restrictions prevented the outlet of the surplus produce
of the state; and thus each class, the grower and the con-
sumer, were mutually impoverished; and^ the taxes, which
prior to the revolution had little exceeded one hundred
thousand pounds, had augmented to an enormous amount.
The depreciation of the currency increased the distress.
While it enhanced the nominal amount of the taxes and
public charges, by interrupting private credit, it deterred
from pursuits which alone could provide resources for their
discharge, and led on to speculative measures, all of which
aggravated the evil.
A large number also of the inhabitants had been called out
by military requisitions during the war on temporary expe-'
ditions, and leaving the sober routine of ordinary life, had
acquired all the licentiousness without the discipline of the
camp. The firmness of the legislature put in motion every
active and turbulent spirit.
? 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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? 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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? 358
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.
Two had wholly disregarded it.
How narrow were the views which could not see the
advantages of an unrestrained intercourse between the
states, thus increasing the variety of exports, and enlarging
the field of commercial enterprise! How blind the jeal-
ousy which, in withholding a central power to regulate
commerce, overlooked the obvious facts, that, intersected
as the states are by deeply penetrating rivers, or divided by
artificial boundaries, no efficient guards against illicit trade
could be interposed by means consistent with the maxims
of a mild policy, and with a moderate expense; and that
the necessary expense would compel a resort to harsh and
onerous systems of taxation; that thus the states "would
be obliged," in Hamilton's language, "to strengthen the
executive arm of government, in doing which their consti-
46
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? 362 THE LIFE OF
t
tutions would acquire a progressive direction towards
monarchy. "
At the meeting of the legislature of New-York, in the
year seventeen hundred and eighty-four, Governor Clinton
proposed an enlargement of the powers of congress, if ne-
cessary, to counteract the British proclamations. He also
suggested the establishment of funds to pay the interest
and discharge the principal of the state debt, and indicated
as means, exclusive of direct taxation, the sale of the pub-
lic lands, internal duties and excises, marine passes, and a
tax on sales at auction. The suggestion as to the enlarge-
ment of the powers of congress, was not acted upon.
The state preferred exercising a control over its com-
merce, and having established a customhouse, passed an
act regulating the customs. This act imposed a double
duty on distilled spirits imported in vessels having a Brit-
ish register, but made no other discrimination. A similar
duty was, during the next year, proposed on all imports in
vessels owned in whole or in part by British subjects, un-
less, for the purpose of encouraging navigation, such ves-
sels were built within the state. *
Sensible of the necessity of conferring this power on the
confederacy, General Schuyler opposed this act in the sen-
ate, and Duer in the assembly. It was negatived by the
council of revision, on the ground " that every attempt by
a state to regulate trade without the concurrence of others,
must produce injury to the state, without any general
good; that partial duties would lead to countervailing du-
ties, and that state legislation on this subject, would inter-
fere with and embarrass the commercial treaties. " It nev-
ertheless became a law.
* Congress had, in April, 1784, recommended the grant of a general pow-
er to them for this purpose. This local act was passed in the following No-
vember.
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? HAMILTON. 363
Assured that the conferring on congress the sole power
of commercial regulation, would be an important step to-
wards the institution of a more efficient government,
Hamilton is now seen again exerting his influence. The
chamber of commerce were advised to petition the legisla-
ture. A large meeting was convened in New-York,
which was earnestly addressed by him, and passed resolu-
tions recommending the measure. Circulars were issued
to the other states, and a correspondence opened, which
urged an enlargement of the powers of congress to enable
them to regulate trade and to establish a navy.
The legislature yielded to these combined efforts, and at
the end of the session of seventeen hundred and eighty-five,
passed an act to vest congress for a term of fifteen years
with power to prohibit the importation or exportation of
articles of commerce in the vessels of states " not in treaty,"
and also to prohibit the subjects of any foreign state, not in
treaty, from importing any goods or merchandise, not the
produce or manufacture of the sovereign whose subjects
they were. But an express proviso was annexed, excluding
the United States from collecting any revenue or duties
within the state, without the sanction of its legislature.
The delay of New-York to concur in this measure of
general relief, had created great excitement in the adjoin-
ing states of New-Jersey and Connecticut. The former
declared Perth Amboy and Burlington free ports, and of-
fered special exemptions to merchants removing thither, as
lures to commercial capital. In Connecticut, such was the
discontent, that an entire prohibition of all intercourse
with its southern neighbour was proposed, and would
probably soon have been attempted.
While this conflicting legislation prevailed in the various
states, the patience of the suffering people was nearly ex--
hausted. In several, the debtors were seen striving to obtain
an ascendency in the legislatures, and by suspension acts to
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? 3G4 THE LIFE OF
delay the collection of debts; and a general disposition was
discovered, notwithstanding its evils had so recently been
felt, to seek relief in state emissions of paper money.
A majority was found in New-York, in despite of the
most earnest remonstrances through the press, in favour of
the issue of bills of credit, which were declared a legal
tender, and a discrimination was contemplated among the
different classes of creditors. Two-fifths of the debt due
by congress to the state were to be provided for, and the
claims of the army, of the holders of the loan-office certifi-
cates, and of the board of treasury, were to be turned over
to the exhausted exchequer of the union,--thus by divi-
ding the interests of the creditors, to weaken one of the
principal supports of the continental system. A bill for
the emission of state paper also passed the assembly of
New-Jersey, but was rejected by the council through the
firmness of Governor Livingston. So great was the pop-
ular excitement against him, that this virtuous patriot was
loudly decried and burned in effigy.
South Carolina adopted a similar policy. Every effort
was made by its citizens to sustain the credit of the paper;
but such were their impoverishment and discord, that it
was thought necessary to pass laws tantamount to closing
the courts of justice. North Carolina and Georgia* fol-
lowed this vicious example. Thus, of the southern states,
Maryland and Virginia only escaped the contagion.
Rhode Island, whose conduct had become a reproach
to its inhabitants, did not merely issue a state paper, but
finding it rapidly sinking, passed laws, rendering a refusal
of it at specie value highly penal in the first instance--
declared that a second offence should be followed by
disfranchisement, and created special tribunals to try the
? The paper of North Carolina is stated to have depreciated 25 per cent;
that of Georgia and Rhode Island, 80 per cent.
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? HAMILTON.
365
offenders, depriving, by a formal enactment, the accused
party of trial by jury. Clauses were added imposing
a test oath to support the paper at par, suspending all
officers who should not subscribe it within twenty days
after its date, rendering a subscription of this oath a quali-
fication of the next legislature, and compelling every male
who had arrived at manhood to take it, or be disfranchised.
It was called the bloody bill. An information was filed
for refusing the paper. The judges of the supreme court
decided against it. They were summoned to appear before
the assembly to explain their decision: four of them were
displaced by the omnipotence of the democracy.
Indignant at these reckless proceedings, Connecticut
enacted a retaliatory law suspending existing suits, and
forbidding the commencement of others.
Indications of a similar temper were evinced in Massa-
chusetts. A proposition was widely circulated, that the
New-England states should virtually abdicate the union by
the withdrawal of their delegates from congress; and in the
disorganizing rage for dismemberment, her western coun-
ties began to look to a severance from her dominion. But
, as a state, Massachusetts firmly adhered to the obligations
of good faith, resisted every effort to emit paper, rejected
with indignation a proposal to purchase her securities at
a depreciated value, granted the impost to congress, and
subsequently passed a law to carry into effect its proposi-
tions for supplementary funds.
The vigour of character which distinguished her in her
support of the public faith, was not less shown by that
part of her population who, from a variety of causes, were
opposed to the requirements of justice.
While in other states much noisy discontent and angry
clamour were heard, among this energetic people dissatis-
faction soon ripened into rebellion.
Peculiar causes had combined to increase the pressure
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? 300
THE LIFE OF
on the states of Massachusetts and New-Hampshire.
Their seaboard population, from being engaged in the
fisheries, and thus following pursuits far removed from
the influence of the laws, were little accustomed to re-
straint. Thrown out of their ordinary occupations at a
time when the price of labour was low, they were com-
pelled to seek subsistence on any terms, and thus diminished
its general value. The demand for supplies created by
their remote expeditions had ceased. The commercial
restrictions prevented the outlet of the surplus produce
of the state; and thus each class, the grower and the con-
sumer, were mutually impoverished; and^ the taxes, which
prior to the revolution had little exceeded one hundred
thousand pounds, had augmented to an enormous amount.
The depreciation of the currency increased the distress.
While it enhanced the nominal amount of the taxes and
public charges, by interrupting private credit, it deterred
from pursuits which alone could provide resources for their
discharge, and led on to speculative measures, all of which
aggravated the evil.
A large number also of the inhabitants had been called out
by military requisitions during the war on temporary expe-'
ditions, and leaving the sober routine of ordinary life, had
acquired all the licentiousness without the discipline of the
camp. The firmness of the legislature put in motion every
active and turbulent spirit.
