No More Learning

St. Clair was directed to endeavour to march them to
their barracks. During this interval the federal legisla-
ture adjourned, and passed through the files of the muti-
neers without opposition, though individual members had
been previously threatened by them.
? ? 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
? 222
THE LIFE OP
The insurgents had taken possession of the powder
house, and of some of the public arsenals, with several
field-pieces. Congress met in the evening, and again ad-
journed, having passed resolutions that they had been
grossly insulted, directing their committee to confer with
the executive of the state, and if there was no sufficient
ground for expecting adequate and prompt exertions for
supporting the dignity of the federal government, that
they should be convened at Philadelphia at a future day.
Hamilton, as chairman of the committee, then waited
upon the executive of Pennsylvania, and represented that
the proceeding was so serious as to render palliatives im-
proper, and to require a resort to vigorous measures to
compel them to submission, and urged the employment of
the militia. To this communication the executive council
replied that they must first ascertain the disposition of the
militia. On the following day the committee asked of the
executive a definitive reply in writing. The council de-
clined giving a written answer, but stated verbally that
while they regretted the occurrence, no aid could be ex-
pected from the militia except in case of personal violence,
expressing doubts as to the policy of vigorous measures.
The committee replied that the measures of congress indi-
cated their opinion; that the mutineers had passed the
bounds within which a spirit of compromise was consist-
ent with the dignity and safety of the government; that
impunity for what had happened might lead to more fla-
grant proceedings, invite others to follow the example and
extend the mischief, and that they had directed the com-
mander-in-chief to march a detachment to suppress the
mutiny.
The committee finding that there were no satisfactory
grounds to expect prompt and adequate exertions from the
executive of Pennsylvania, felt themselves bound to advise
the removal of congress. Anxious to maintain the dignity
? ? 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.
223
of that body, and willing to protract their departure as
long as they were justified in the hope that the council
might adopt vigorous measures, they deferred it until the
twenty-fourth, when seeing no hope of aid from the coun-
cil, and having every reason to expect new and more ex-
travagant demands from the mutineers, they advised an
adjournment to Princeton. The day after their arrival
there, on the motion of Hamilton a resolution was passed
directing General Howe to march an adequate force to
Philadelphia to disarm the mutineers, and bring their lead-
ers to trial. These measures were adopted; but after
obedience was secured, congress granted a pardon. These
proceedings, deeply offensive as they were to that body,
were more particularly so to Hamilton, who had been its
instrument in endeavouring to preserve its dignity.
The executive of Pennsylvania perceiving the indigna-
tion which its irresolution had excited, transmitted a mes-
sage to the assembly of the state giving a statement of its
proceedings.
Immediately after this publication, incensed at what he
deemed a premeditated attempt to mislead public opinion,
Hamilton addressed them a highly interesting letter de-
fending the coercive measures he had advised, discussing
with great force the obligations of government to sustain
their authority under similar circumstances, and making a
thorough investigation on general principles of the means
proper for quelling a mutiny.
'His views from the commencement being, " that the mu-
tiny ought not to be terminated by negotiation; that con-
gress were justifiable in leaving a place where they did
not receive the support which they had a right to expect;
but as their removal was a measure of a critical and deli-
cate nature, might have an ill appearance in Europe, and
might, from events, be susceptible of an unfavourable inter-
pretation in this country, it was. prudent to delay until its
? ? 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
? 224
THE LIFE OF
necessity became apparent,--not only till it was manifest
there would be no change in the spirit which seemed to
actuate the council of Pennsylvania, but till it was evident
complete submission was not to be expected from the
troops; that to give full time for this, it was proper to delay
the departure of congress till the latest period. "
Though he considered the delay of this advice as at
their extreme peril, yet, as to himself, he declared that he
should persist in it till the result of the consultation with
the militia officers, or some new circumstance should occur
to explain the designs of the mutineers; that in pursuing
this line of conduct he should counteract the sense of some
gentlemen whose feelings on the occasion were keen, and
the opinions of others who thought the situation of con-
gress under the existing circumstances extremely awkward,
precarious, and unjustifiable to their constituents. Subse-
quent circumstances, indicating a collusion between the
committee and the mutineers, overcame his opposition to
the report for their removal.
When commenting on this occurrence, he remarked:--
"It was the duty of government to provide effectually
against the repetition of such outrages, and to put itself in
a situation to give, instead of receiving the law; and to
manifest that its compliance was not the effect of necessi-
ty, but of choice. This was not to be considered as the
disorderly riot of an armed mob, but as the deliberate
mutiny of an incensed soldiery, carried to the utmost point
of outrage short of assassination. The licentiousness of an
army is to be dreaded in every government; but in a re-
public it is more particularly to be restrained, and when
directed against the civil authority, to be checked with
energy and punished with severity. The merits and suf-
ferings of the troops might be a proper motive for mitiga-
ting punishment, when it was in the power of the govern-
ment to inflict it; but there was no reason for relaxing in
? ? 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. 225
1
the measures necessary to arrive at that situation. Its
authority was first to be vindicated, and then its clemency
to be displayed.
"The rights of government are as essential to be de-
fended as the rights of individuals. The security of the
one is inseparable from that of the other; and indeed in
every new government, especially of the popular kind,
the great danger is, that public authority will not be suf-
ficiently respected. "
After adverting to the probability of an accession of
strength to the mutineers, he observed :--" In this state
of things, decision was most compatible with the safety
of the community as well as the dignity of government.
Though no general convulsion might be apprehended, seri-
ous mischief might attend the progress of the disorder.
Indeed, it would have been meanness to have negotiated
and temporized with an armed banditti of four or five
hundred men, who, in any other situation than surround-
ing a defenceless senate, could only become formidable by
being feared. This was not an insurrection of a whole
people; it was not an army with their officers at their
head, demanding the justice of the country--either of
which might have made caution and concession respect-
able; it was a handful of mutinous soldiers, who had
equally violated the laws of discipline as the rights of pub-
lic authority. "
"There was a propriety in calling for the aid of the mili-
tia in the first place for different reasons. Civil govern-
ment may always with more peculiar propriety resort to
the aid of the citizens to repel military insults or encroach-
ments. 'Tis there, it ought to be supposed, where it may
seek its surest dependence; especially in a democracy,
which is the creature of the people. The citizens of each
state are, in an aggregate light, the citizens of the United
States, and bound as much to support the representatives
29
? ? 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
? 226
THE LIFE OF
of the whole as their own immediate representatives. The
insult was not to congress personally, it was to the govern-
ment, to public authority in general, and was very pro-
perly put on that footing. The only question is, whether
there was greater danger to the city in attempting their
reduction by force, than in endeavouring by palliatives to
bring them to a sense of duty. It has been urged, and
appeared to have operated strongly on the council, that
the soldiers being already embodied, accustomed to arms,
and ready to act at a moment's warning, it would be ex-
tremely hazardous to attempt to collect the citizens to
subdue them, as the mutineers might have taken advan-
tage of the first confusions incident to the measure to do
a great deal of mischief before the militia could have as-
sembled in equal or superior force.
"It is not to be denied but that a small body of disci-
plined troops, headed and led by their officers, with a plan of
conduct, could have effected a great deal in similar circum-
stances; but it is equally certain that nothing can be more
contemptible than a body of men used to be commanded
and to obey, when deprived of the example and direction
of their officers. They are infinitely less to be dreaded
than an equal number of men who have never been bro-
ken to command, nor exchanged their natural courage for
that artificial kind which is the effect of discipline and
habit. Soldiers transfer their confidence from themselves
to their officers, face danger by the force of example, the
dread of punishment, and the sense of necessity. Take
away these inducements, and leave them to themselves,
they are no longer resolute than till they are opposed.
The idea of coercion was the safest and most prudent, for
more was to be apprehended from leaving them to their
own passions, than from attempting to control them by
force. The events corresponded with this reasoning--the
departure of congress brought the matter to a crisis, and
? ? 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.
the council were compelled, by necessity, to do what they
ought to have done before through choice. "
In concluding this sketch of Hamilton's services for the
short period of eight months in the Congress of the Confed-
eration, it is due to him to remark, that faint as this outline
is, from the imperfect materials that exist, enough remains
to show his commanding position, moral and intellectual.
In his letters to the superintendent of finance, when
speaking of the temper of the New-York legislature, he
observed that, to effect a change of their system, " moun-
tains of prejudice and particular interest are to be level-
led," that his efforts to introduce efficient modes of taxa-
tion had failed, and though " there was a pretty general opin-
ion that the system of funding for payment of old debts,
and for procuring further credit, was wise and indispensa-
ble, yet that a majority thought it would be unwise in one
state to contribute in this way alone. "
With such dispositions in that state, and with the gene-
eral temper of the country and of congress, it was no tri-
vial task to combat; yet while some around him are seen
seeking safety in compromises between their sense of duty
and their love of popularity, between the general welfare
and state interests, he is beheld, from the commencement
of his career, boldly meeting all the public prejudices, con-
futing every objection as it arose, standing almost alone
in opposition to measures which he could not believe were
promotive of the country's good, and urging in their stead
the adoption of an energetic and comprehensive system of
national policy--a system of policy which has controlled
the destinies of this republic, and of which the great car-
dinal principles have become American maxims of state.
As to its exterior relations, his views are seen to have
been, Neutrality with foreign powers--Friendship with
"the Indian nations"--the Gradual "acquisition "of their
lands by purchase, and," as the most just and humane way of
? ? 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
? THE LIFE OF
removing them, the extending our settlements to their neigh-
bourhood. "
As to the defence of the country, a small compact Peace
establishment, land and naval, capable of being augmented
without derangement.
As to its commerce, Treaties of equality and reciprocity
of short duration, reserving the power of aiding domestic
industry; light and easy duties on imports, as "a mode of
revenue which preserves a just measure to the abilities of
individuals, promotes frugality, and taxes extravagance," so
imposed as to encourage, by judicious discriminations, by
"bounties and by premiums," the production of articles of
primary necessity.
As to the Fiscal system, a revenue to be derived from
"permanent funds," to be imposed and collected by congress,
and, lest the public burdens should too much press, or the
public resources be too dependent upon commerce, duties
upon certain luxuries, and a small land tax, as auxiliaries.
The revenue to become the basis of "Foreign loans" to
Fund the debt, and of a " Sinking fund" to discharge it.
The " Assumption" of the debts of the states incurred for
the common defence, and a provision for every class of the
public creditors, without any discrimination between the
original holders or purchasers.
A National Bank, as an instrument to facilitate the pay-
ment and collection of duties, and to aid and regulate the
commerce between the states by supplying and maintain-
ing an uniform currency.
It is important to remark that such was his policy at this
time, when no motives of ambition, no calculations of per-
sonal interest, could possibly have prompted them--when
they only could have been entertained and avowed from a
conviction that they would promote the general welfare--
when, as he wrote to Clinton, "he had no future views in
public life. "
? ? 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.
229
Views such as these could only have been entertained
by a mind fraught with the great idea of regulating the
conflicting forces which disturbed the political system by
a general pervading and controlling law--with the idea of
instituting a government duly checked with powers and
organs " adequate to the exigencies" of the nation.
In his address urging Rhode Island to grant to Congress
the power of levying an impost, he stated that" a Repre-
sentative Republic ought to have the means necessary to
answer the end of its institution," and as a justification of
the demand, he asserted that the measure, if not within the
letter, is within the spirit of the confederation. " Congress
by that are empowered to borrow money for the use of
the United States, and, by implication, to concert the
means necessary to accomplish the end. " Manifest as
these inductions are, and repudiating, as he had done to-
tally, the idea of a resort to force, he saw that this implica-
tion only gave to congress the power "to concert the
means. " Hence he proposed that it should be empowered
to nominate its own officers to collect the revenue from
individuals.
This was the initiatory idea of a General Government
with organs to exercise its powers directly, without state
intervention*--an expedient now obvious to every mind,
but how far removed from the prevailing sentiment of the
country, and from the system of the confederation with
its congress of ambassadors!
* This proposition is previously stated in full, as presented by him on the
twentieth of March. The affirmative states were Connecticut, New-York,
NewJersey, and Pennsylvania. The votes of the delegates were--ayes,
Bland, Boudinot, Clark, Condict, Dyer, Floyd, Hamilton, McComb, Mont-
gomery, Petert, RulUdge, Wilton, Wolcott. Those against it were Arnold,
Bedford, Collins, Fitzaimmons, Gervais, Gilman, Gorham, Hawkins, Hems-
ley, Higginson, Holten, A. Lee, F. F. Lee, Madison, Mercer, Osgood, White,
Williamson. 4 J. C. 177. Two only of the southern members voted for it
--Bland and Rutledgc.
? ? 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
? 230
THE LIFE OF
Defeated in this measure, and disappointed in his other
exertions to prop the national edifice, yet full of appre-
hension for the continuance of the union, he felt that it
was due to the people of this great country, while yet uni-
ted under a general confederacy, to appeal to them in their
own behalf.
With this view he prepared the following resolutions;
but finding that they could not succeed, and unwilling that a
new obstacle should be raised by the formal rejection of pro-
positions of such magnitude, he did not bring them forward.
On the draft this endorsement, made by himself, is to be
seen--" Intended to be submitted to congress in seven-
teen hundred and eighty-three, but abandoned for want
of support! "
From the little care he bestowed upon his manuscripts,
the fact of this memorandum having been made by him,
would seem to indicate Hamilton's desire to preserve this
evidence of his early-matured purpose to establish a bal-
anced constitutional government, with distinct depart-
ments and adequate powers.
"Whereas, in the opinion of this congress, the confeder-
ation of the United States is defective in the following es-
sential points.
"First, and generally, in confining the foederal govern-
ment within too narrow limits; withholding from it that
efficacious authority and influence in all matters of general
concern, which are indispensable to the harmony and wel-
fare of the whole; embarrassing general provisions by
unnecessary details and inconvenient exceptions incompat-
ible with their nature, tending only to create jealousies and
disputes respecting the proper bounds of the authority of
the United States, and of that of the particular states, and
a mutual interference of the one with the other.
"Secondly--In confounding legislative and executive
powers in a single body; as that of determining on the
? ? 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.
231
number and quantity of force, land and naval, to be em-
ployed for the common defence, and of directing their ope-
rations when raised and equipped; with that of ascertain-
ing and making requisitions for the necessary sums or
quantities of money to be paid by the respective states into
the common treasury, contrary to the most approved and
well-founded maxims of free government, which require
that the legislative, executive, and judicial authorities
should be deposited in distinct and separate hands.
"Thirdly--In the want of a Federal Judicature, hav-
ing cognizance of all matters of general concern in the last
resort, especially those in which foreign nations and their
subjects are interested; from which defect, by the interfe-
rence of the local regulations of particular states militating,
directly or indirectly, against the powers vested in the
union, the national treaties will be liable to be infringed,
the national faith to be violated, and the public tranquillity
to be disturbed.
"Fourthly--In vesting the United States, in congress
assembled, with the power of general taxation, comprehend-
ed in that' of ascertaining the necessary sums of money
to be raised for the common defence, and of appropriating
and applying the same for defraying the public expenses;'
and yet rendering that power, so essential to the existence
of the union, nugatory, by withholding from them all con-
trol over either the imposition or the collection of the taxes
for raising the sums required, whence it happens that the
inclinations, not the abilities, of the respective states are,
in fact, the criterion of their contributions to the common
expense, and the public burden has fallen, and will con-
tinue to fall, with very unequal weight.
"Fifthly--In fixing a rule for determining the propor-
tion of each state towards the common expense, whicn, if
practicable at all, must in the execution be attended with
great expense, inequality, uncertainty, and difficulty.
? ? 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
? 232
THE LIFE OF
"Sixthly--In authorizing congress 'to borrow money,
or emit bills, on the credit of the United States,' without
the power of establishing funds to secure the repayment
of the money or the redemption of the bills emitted, from
which must result one of these evils--either a want of suf-
ficient credit in the first instance to borrow, or to circu-
late the bills emitted, whereby in great national exigencies
the public safety may be endangered, or, in the second
instance, frequent infractions of the public engagements,
disappointments to lenders, repetitions of the calamities
of depreciating paper, a continuance of the injustice and
mischiefs of an unfunded debt, and, first or last, the anni-
hilation of public credit. Indeed, in authorizing congress
at all to emit an unfunded paper as the sign of value; a
resource, which, though useful in the infancy of this coun-
try, indispensable in the commencement of the revolution,
ought not to continue a formal part of the constitution, nor
ever hereafter to be employed, being in its nature pregnant
with abuses, and liable to be made the engine of imposition
and fraud, holding out temptations equally pernicious to the
integrity of government and to the morals of the people.
"Seventhly--In not making proper or competent provi-
sion for interior or exterior defence: for interior defence, by
leaving it to the individual states to appoint all regimental
officers of the land forces, to raise the men in their own way,
to clothe, arm, and equip them, at the expense of the United
States; from which circumstances have resulted, and will
hereafter result, great confusion in the military department,
continual disputes of rank, languid and disproportionate
levies of men, an enormous increase of expense for want
of system and uniformity in the manner of conducting
them, and from the competitions of state bqunties;--by
an ambiguity in the fourth clause of the sixth article, sus-
ceptible of a construction which would devolve upon the
particular states in time of peace the care of their own
? ? 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.
233
defence both by sea and land, and would preclude the Uni-
ted States from raising a single regiment or building a
single ship before a declaration of war, or an actual com-
mencement of hostilities; a principle dangerous to the
confederacy in different respects, by leaving the United
States at all times unprepared for the defence of their
common rights, obliging them to begin to raise an army
and to build and equip a navy at the moment they would
have occasion to employ them, and by putting into the
hands of a few states, who from their local situations are
more immediately exposed, all the standing forces of the
country, thereby not only leaving the care of the safety of
the whole to a part, which will naturally be both unwilling
and unable to make effectual provision at its particular
expense. but also furnishing grounds of jealousy and dis-
trust between the states, unjust in its operation to those
states in whose hands they are, by throwing the exclusive
burden of maintaining those forces upon them, while their
neighbours immediately, and all the states ultimately, would
share the benefits of their services: for exterior defence,
in authorizing congress 'to build and equip a navy,'
without providing any means of manning it, either by re-
quisitions of the states, by the power of registering and
drafting the seamen in rotation, or by embargoes in cases
of emergency, to induce them to accept employment on
board the ships of war; the omission of all which leaves
no other resource than voluntary enlistment; a resource
which has been found ineffectual in every country, and for
reasons of peculiar force, in this.
"Eighthly--In not vesting in the United States a gen-
eral superintendence of trade, equally necessary in
the view of revenue and regulation: of revenue, because
duties on commerce, when moderate, are among the most
agreeable and productive species of it which cannot with-
out great disadvantages be imposed by particular states.
30
? ? 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
? 234
THE LIFE OF
while others refrain from doing it, but must be imposed in
concert, and by laws operating upon the same princi-
ples, at the same moment, in all the states; otherwise
those states which should not impose them would en-
gross the commerce of such of their neighbours as did:
of regulation, because by general prohibitions of par-
ticular articles, by a judicious arrangement of duties,
sometimes by bounties on the manufacture or exportation
of certain commodities, injurious branches of commerce
might be discouraged, favourable branches encouraged,
useful products and manufactures promoted; none of
which advantages can be effectually attained by separate
regulations without a general superintending power; be-
cause, also, it is essential to the due observance of the com-
mercial stipulations of the United States with foreign
powers, an interference with which will be unavoidable
if the different states have" the exclusive regulation of their
own trade, and of course the construction of the treaties
entered into.
"Ninthly--In defeating essential powers by provisoes
and limitations inconsistent with their nature, as the power
of making treaties with foreign nations,' provided that no
treaty of commerce shall be made whereby the legislative
power of the respective states shall be restrained from im-
posing such imposts and duties on foreigners as their own
people are subjected to, or from prohibiting the importa-
tion or exportation of any species of goods or commodi-
ties whatever;' a proviso susceptible of an interpretation
which includes a constitutional possibility of defeating the
treaties of commerce entered into by the United States.
As also the power 'of regulating the trade, and managing
all affairs with the Indians, not members of any states;
provided, that the legislative right of any state within its
own limits be not infringed or violated,' and others of a
similar nature.
? ? 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
? n AMILTOff.
235
"Tenthly--In granting the United States the sole pow-
er 'of regulating the alloy and value of coin struck by their
own authority, or by that of the respective states,' without
the power of regulating foreign coin in circulation, though
one is essential to the due exercise of the other, as there
ought to be such proportions maintained between the na-
tional and foreign coin, as will give the former a prefer-
ence in all internal negotiations; and without the latter
power, the operations of government, in a matter of prima-
ry importance to the commerce and finances of the United
States, will be exposed to numberless obstructions.
"Eleventhly--In requiring the assent of nine states to
matters of principal importance, and of seven to all others,
except adjournments from day to day, a rule destructive
of vigour, consistency, or expedition, in the administration
of affairs, tending to subject the sense of the majority to
that of the minority, by putting it in the power of a small
combination to retard and even to frustrate the most neces-
sary measures, and to oblige the greater number, in cases
which require speedy determinations, as happens in the most
interesting concerns of the community, to come into the
views of the smaller; the evils of which have been felt in
critical conjunctures, and must always make the spirit of
government a spirit of compromise and expedience, rather
than of system and energy.
"Twelfthly--In vesting in the federal government the
sole direction of the interests of the United States in their
intercourse with foreign nations, without empowering it
to pass all oenekal laws in aid and support of the laws
of nations; for the want of which authority, the faith of
the United States may be broken, their reputation sullied,
and their peace interrupted, by the negligence or miscon-
ception of any particular state.
"And whereas experience hath clearly manifested that
the powers reserved to the union in the confederation, are
? ? 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
? 236
THE LIFE OF
unequal to the purpose of effectually drawing forth the re-
sources of the respective members, for the common vxlfare
and defence; whereby the United States have, upon sev-
eral occasions, been exposed to the most critical and
alarming situations; have wanted an army adequate to
their defence, and proportioned to the abilities of the
country; have on account of that deficiency seen essen-
tial posts reduced--others imminently endangered--whole
states, and large parts of others, overrun and ravaged by
small bodies of the enemy's forces; have been destitute of
sufficient means of feeding, clothing, paying, and appoint-
ing that army, by which the troops, rendered less efficient
for military operations, have been exposed to sufferings,
which nothing but unparalleled patience, perseverance,
and patriotism could have endured. Whereas, also, the
United States have been too often compelled to make the
administration of their affairs a succession of temporary
expedients, inconsistent with order, economy, energy, or
a scrupulous adherence to the public engagements, and
now find themselves, at the close of a glorious struggle for
independence, without any certain means of doing justice
to those who have been its principal supporters--to an ar-
my which has bravely fought, and patiently suffered--to
citizens who have cheerfully lent their money--and to
others who have jn different ways contributed their pro-
perty and their personal service to the common cause;
obliged to rely for the only effectual mode of doing that
justice, by funding the debt on solid securities, on the pre-
carious concurrence of thirteen distinct deliberatives, the
dissent of either of which may defeat the plan, and leave
these states, at this early period of their existence, in-
volved in all the disgrace and mischiefs of violated faith and
national bankruptcy. And whereas, notwithstanding we
have, by the blessing of Providence, so far happily es-
caped the complicated dangers of such a situation, and
? ? 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. 237
now see the object of our wishes secured by an honourable
peace, it would be unwise to hazard a repetition of the
same dangers and embarrassments, in any future war in
which these states may be engaged, or to continue this ex-
tensive empire under a government unequal to its protec-
tion and prosperity. And whereas, it is essential to the
happiness and security of these states, that their union
should be established on the most solid foundations, and it
is manifest that this desirable object cannot be effected but
by a government, capable, both in peace and war, of
making every member of the union contribute in just
proportion to the common necessities, and of combining
and directing the forces and wills of the several parts to a
general end; to which purposes, in the opinion of con-
gress, the present confederation is altogeter inadequate.
And whereas, on the spirit which may direct the coun-
cils and measures of these states, at the present juncture,
may depend their future safety and welfare--Congress
conceive it to be their duty, freely to state to their constit-
uents the defects which, by experience, have been discov-
ered in the present plan of the federal union, and solemn-
ly to call their attention to a revisal and amendment of
the same. Therefore resolved, That it be earnestly recom-
mended to the several states to appoint a convention, to
meet at on the day of , with full powers to
revise the confederation, and to adopt and propose such
alterations as to them shall appear necessary, to be finally
approved or rejected by the states respectively--and that
a committee of be appointed to prepare an address
upon the subject. "
These resolutions, as appears from a communication to
General Washington, Hamilton prepared with a view to
an address from congress as soon as they had ratified the
definitive treaty. "In a letter," he says, "which I wrote
to you several months ago, I intimated that it might be in
? ? 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
? 238
THE LIFE OF
your power to contribute to the establishment of our fede-
ral union upon a more solid basis. I have never since ex-
plained myself. , At the time, I was in hopes congress
might have been induced to take a decisive ground, to in-
form their constituents of the imperfections of the present
system, and of the impossibility of conducting the public
affairs with honour to themselves and advantage to the
community, with powers so disproportioned to their re-
sponsibility; and having done this in a full and forcible
manner, to adjourn the moment the definitive treaty was
ratified. In retiring at the same juncture, I wished you
in a solemn manner to declare to the people your intended
retreat from public concerns; your opinion of the present
government, and of the absolute necessity of a change.
Before I left congress I despaired of the first, and your
circular letter to the states hady anticipated the last.
"I trust it will not be without effect, though I am per-
suaded it would have had more, combined with what I
have mentioned; at all events, without compliment, sir, it
will do you honour with the sensible and well-meaning,
and ultimately, it is to be hoped, with the people at large,
when the present epidemic frenzy has subsided. "
With this purpose, not less grand in the conception
than in the mode in which it was to be effected, Hamilton
closed his career in congress.
? ? 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
? n AMILTON.
239
CHAPTER XIX.
[1783. ]
A rumour that the definitive treaty had been received,
led to a request that Hamilton would remain in congress
a few days. The apprehensions he had entertained of
obstacles to its conclusion being thus dispelled, he was
much elated with the event, and with the prospect, after so
long a public career, of enjoying the repose of private life.
"I am strongly urged," he wrote to his wife, "to stay a
few days for the ratification of the treaty; at all events,
however, I will not be long from you. I give you joy
of the happy conclusion of this important work in which
your country has been engaged. Now, in a very short
time, I hope we shall be happily settled in New-York.
My love to your father. Kiss my boy a thousand times.
A thousand loves to yourself. "
This information proving to be erroneous, he proceed-
ed by an interior route to Albany, where he remained
until the evacuation of New-York in November.
What a tide of thoughts must have passed through his
mind as he now sailed the tranquil Hudson, on whose
margin he passed many of his happiest after hours, and
breathed his latest sigh! How changed his present from
his former feelings, when hastening along its alarmed bor-
ders on his lonely, anxious way--amid deserted dwellings,
forsaken fields, a discordant population--to extort reluc-
tant aid from Gates, he detected those incipient intrigues
which would have lost Washington to his country!
Where, before, the timid shallop rarely ventured to dart
? ? 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
? 240
THE LIFE OF
its course across the mournful stream, was now seen the
bold canvass of its unrivalled craft wafting to their libera-
ted mart its joyous fugitives; each point and inlet, as he
passed, reviving some incident of his own eventful career,
or of his country's glorious history.
Poughkeepsie would recall the moment, when, in concert
with Schuyler, were framed those memorable resolutions,
the first to recommend a general convention to establish a
constitution. Approaching Fishkill, he would recur to the
time when, with early wisdom, he portrayed the evils of a
weak and the blessings of an efficient government. As his
eye turned upon the heights of Newburgh, now gleaming
in the morning sun, he would behold, as it were again, the
dark cloud which hung threatening over his companions
in arms, ready to burst and overwhelm them, until dissipa-
ted by his powerful interposition. West Point, crowned
with autumnal gloom, spoke of the weary hours of anxious
consultation with his chief, the marked victim of a deep laid
treason. The detection, the pursuit, the escape of Arnold,
were all before him. Beyond, the scene of Andre's fate,
immortalized by the touching narrative which would have
veiled his error with his misfortunes. The humble ferry-
house at Greensburgh would awaken happier associations,
where, retiring in the pride of a manly temper from the
family of Washington, he devoted his first leisure to those
capacious plans of national polity which placed him in
early manhood among the foremost sages of the revolution.
And now, New-York opened before him in all the often
recollected magnificence of its capacious bay, its world-in-
viting waters, its peaceful shores, its guardian isles, whence
proudly rose against the evening sky, the flag of the Union,
announcing that the conflict was over, and seeming to in
vite him to new triumphs in this much-loved scene of his
youthful imaginings, efforts, and distinctions. Cordial were
the greetings of this grateful city, as it welcomed, in its
? ? 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.
241
once stranger boy, the now powerful advocate of mercy
to its apprehensive . denizens, hastening to shield them from
persecation for the venial offence of mistaken loyalty.
The impression which his congressional career had pro-
duced, is shown in the letters received by him at this time.
McHenry, who had recently taken a seat in congress,
writes:--
Princeton, Oct. 22, 1783.
DEAR HAMILTON,
The homilies you delivered in congress, are still recol-
lected with pleasure. The impressions they made, are in
favour of your integrity, and no one but believes you a man
of honour and republican principles. Were you ten years
older, and twenty thousand pounds richer, there is no doubt
but that you might obtain the suffrages of congress for the
highest office in their gift. You are supposed to possess
various knowledge, useful, substantial, and ornamental.
Your very grave, and your cautious--your men who meas-
ure others by the standard of their own creeping politics,
think you sometimes intemperate, but seldom visionary,
and that were you to pursue your object with as much
cold perseverance as you do with ardour and argument,
you would become irresistible.
In a word, if you could submit to spend a whole life in
. dissecting a fly, you would be, in their opinion, one of the
greatest men in the world. Bold designs--measures calcu-
lated for their. rapid execution--a wisdom that would con-
vince, from its own weight--a project that would surprise
the people into greater happiness, without giving them an
opportunity to view it and reject it--are not adapted to a
council composed of discordant materials, or to a people
which have thirteen heads, each of which pays superstitious
adorations to inferior divinities.
I have reported on Fleury's case on the principle you
recommend. I fear his half-pay will not be granted.
31
? ? 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
? 242
THE LIFE OF
Adieu, my dear friend, and in the days of your happiness
drop a line to your
McHenry.
P. S. --Our exemplification of the treaty has passed, and
will be transmitted to the state officially.
The other was from Jay, at Passy:--
"DEAR SIR,
"You was always of the number of those I esteemed,
and your correspondence would be both interesting and
agreeable. I had heard of your marriage, and it gave me
pleasure, as well because it added to your happiness, as
because it tended to fix your residence in a state of which
I long wished you to be and remain a citizen.
"The character and talents of delegates to congress
daily become more and more important, and I regret your
declining that appointment at this interesting period. Re-
spect, however, is due to the considerations which influ-
ence you; but as they do not oppose your accepting a
place in the legislature, I hope the state will still con-
tinue to derive advantage from your services: much re-
mains to be done, and labourers do not abound.
"I am happy to hear that the terms of peace and the
conduct of your negotiators give general satisfaction.
But there are some of our countrymen, it seems, who are
not content, and that too with an article which I thought
to be very unexceptionable, viz: the one ascertaining our
boundaries. Perhaps those gentlemen are latitudinarians.
"The American newspapers for some months past con-
tain advices which do us harm; violences and associations
against the tories pay an ill compliment to government,
and impeach our good faith in the opinion of some, and
our magnanimity in the opinion of many. Our reputa-
? ? 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.
243
tion, also, suffers from the apparent reluctance to taxes,
and the ease with which we incur debts without providing
for their payment. The complaints of the army--the
jealousies respecting congress--the circumstances which
induced their leaving Philadelphia--and the too little ap-
pearance of national spirit pervading, uniting, and invigo-
rating the confederacy, are considered as omens which
portend the diminution of our respectability, power, and
felicity. I hope that as the wheel turns round, other and
better indications will soon appear. I am persuaded that
America possesses too much wisdom and virtue to permit
her brilliant prospects to fade away for want of either.
"The tories are almost as much pitied in these coun-
tries as they are execrated in ours; an undue degree of
severity towards them would, therefore, be impolitic, as it
would be unjustifiable. They who incline to involve that
whole class of men in indiscriminate punishment and ruin,
certainly carry the matter too far. It would be an in-
stance of unnecessary rigour and unmanly revenge, with-
out a parallel, except in the annals of religious rage in
times of bigotry and blindness. What does it signify
where nine-tenths of these people are buried? Victory
and peace should in my opinion be followed by clemency,
moderation, and benevolence, and we should be careful
not to sully the glory of the revolution by licentiousness
and cruelty. These are my sentiments, and however un-
popular they may be, I have not the least desire to conceal
or disguise them. Believe me to be, with great regard
and esteem. "
Notwithstanding urgent solicitations, Hamilton adhered
to his purpose of retiring wholly from public life, and was
soon immersed in the labours of his profession; in which,
without the advantages of much previous study, by the
energies of a mind peculiarly adapted to the analysis of first
? ? 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
? 244
THE LIFE OF
principles, he rose to an unequalled, unapproached dis-
tinction.
His letter to McHenry was written to obtain an exem-
plification of the treaty. The state of New-York was
ruled at this time by cruel counsels. Taking advantage
of the doubt as to the period of its execution, it passed
laws in direct violation of this treaty, and, in despite of the
most earnest intercessions, refused to stay the prosecutions
commenced against proscribed persons. Shocked at these
proceedings, Hamilton took up the cause of these perse-
cuted individuals with all the zeal of his boundless benevo-
lence.
The definitive treaty having arrived, he addressed a
memorial to congress asking a record of it; in which, to
prompt its immediate ratification, he stated that there ap-
peared to be no probability that the legislature will inter-
pose its authority to stay the prosecutions until it is an-
nounced; a measure that would "conduce to the security
of a great number of individuals who derive their hopes
of safety from the national faith. "
Hamilton now commenced his professional career; and
it is one of the most interesting incidents of that career,
that the first exertion of his talents as an advocate, was in
the cause of clemency and good faith. It was in the in-
most privacy of his quiet hours, reflecting on such exer-
tions, that he exclaimed, "The Almighty has given me a
good head, and thank God, he has also given me a good
heart. "
This was a suit in the mayor's court of the city of New-
York, to recover the rents of property held by the defend-
ant under an order of Sir Henry Clinton, and was found-
ed on a recent enactment called "The Trespass Act. "
This act authorized an action of trespass in favour of per-
sons who had left their abodes irt consequence of the
invasion of the enemy, against those who had been in pos-
? ? 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.
245
session of them during the war, and expressly precluded a
justification of this occupancy by virtue of a military or-
der. It was contended that the case was not within the
statute; that the laws of nations controlled it and barred
the suit, and that the treaty included an amnesty, which
extinguished the statute right.
No precedent, it is believed, exists for such an act of
legislation; an act providing that after a war solemnly
terminated by a treaty duly executed, suits could be com-
menced by the subjects of one belligerent against those
of another for injuries committed during the war by mili-
tary order.
No case could have arisen of greater interest, higher
moment, or larger considerations. It was a question of
national faith and national character--it was a question
between the subjects of two independent nations, relating
to transactions in a war between those nations.
It involved a determination of the powers of the con-
federacy, and of its constitutional supremacy over a law
of a member of that confederacy. It was of the most
grave and weighty magnitude, for it would decide wheth-
er a state tribunal would recognise the laws of nations and
of the confederation as the rule of its decisions when in
conflict with a local statute. It might determine the con
duct of Great Britain as to the execution of the treaty, the
surrender of the posts, and the peace of the union.
It involved property of a great amount, and numerous
cases depending on the same principle. It was the deci-
sion of a controversy between a wealthy merchant--a
British subject, an adherent of the enemy--and a fugitive,
an exile, a poor American widow, impoverished by the
war. It was tried while the strife of the fierce contest
was recent, in the midst of a dilapidated and yet disorder-
ed city, when all around were beheld the ravages of the
invader, in a hall of justice desecrated and marred by
? ? 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
? 216
THE LIFE OF
the excesses of its late occupants, a licentious soldiery.