Duane
and L'Hommedieu having transmitted the extract of your
letter to Mr.
and L'Hommedieu having transmitted the extract of your
letter to Mr.
Hamilton - 1834 - Life on Hamilton - v2
HAMILTON.
207
"This is a principle of so much importance in the appre-
hension of the committee to the welfare of the union, that
if any doubt should exist as to the true meaning of the first
mentioned clause, it will, in their opinion, be proper to ad-
mit such a construction as will leave the general power
vested in the United States by the other clauses in full
force, unless the states respectively or a majority of them
shall declare a different interpretation.
"The committee, however, submit to congress (in con-
formity to that spirit of candour, and to that respect for
the sense of their constituents which ought ever to charac-
terize their proceedings,) the propriety of transmitting the
plan which they may adopt to the several states, to afford
an opportunity of signifying their sentiments previous to
the final execution.
"The committee are of opinion, if there is a constitu-
tional power in the United States for that purpose, that
there are conclusive reasons in favour of federal in pre-
ference to state establishments. First, there are objects
for which separate provision cannot conveniently be made;
posts within certain districts, the jurisdiction and property
of which are not yet constitutionally ascertained--territory
appertaining to the United States not within the original
claim of any of the states--the navigation of the Missis-
sippi, and of the lakes--the rights of the fisheries, and
of foreign commerce; all which, belonging to the United
States, depending on the laws of nations and on treaty,
demand the joint protection of the union, and cannot with
propriety be trusted to separate establishments.
"Secondly--The fortifications proper to be established
ought to be constructed with relation to each other, on a
general and well-digested system, and their defence should
be calculated on the same principles. This is equally im-
portant in the double view of safety and economy. If
this is not done under the direction of the United States,
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? 208 THE LIFE OF
each state following a partial and disjointed plan, it will
be found that the posts will have no mutual dependence
or support; that they will be improperly distributed, and
more numerous than is necessary, as well as less efficacious,
of course more easily reduced, and more extensive both in
the construction and defence.
"Thirdly--It happens that, from local circumstances,
particular states, if left to take care of themselves, would be
in possession of the chief part of the standing forces, and
of the principal fortified places of the union, a circum-
stance inconvenient to them and to the United States: to
them, because it would impose a heavy exclusive burden,
in a matter the benefit of which will be immediately shared
by their neighbours, and ultimately by the states at large;
to the United States, because it confides the care of the
safety of the whole to a part, which will naturally be un-
willing as well as unable to make such effectual provision,
at its particular expense, as the common welfare requires;
because a single state, from the peculiarity of its situation,
will in a manner keep the keys of the United States; be-
cause, in fine, a considerable force in the hands of a few
states may have an unfriendly aspect, in the confidence
and harmony which ought carefully to be maintained be-
tween the whole.
"Fourthly--It is probable that a provision by the Uni-
ted States of the forces necessary to be kept up will be
made upon a more systematic and economical plan, than a
provision by the states separately; especially as it will be
of importance, as soon as the situation of affairs will per-
mit, to establish foundries, manufactories of arms, pow-
der, &c. , by means of which, the labour of part of the
troops applied to this purpose will furnish the United
States with those essential articles on easy terms, and
contribute to their own support.
"Fifthly--There must bo a corps of artillery and engi-
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? HAMILTON.
209
neers kept on foot in time of peace, as the officers of this
corps require science and long preliminary study, and
cannot be formed on an emergency, and as the neglect of
this institution would always oblige the United States to
have recourse to foreigners, in time of war, for a supply
of officers in this essential Branch; an inconvenience
which it ought to be the object of every nation to avoid.
Nor indeed is it possible to dispense with the services of
such a corps in time of peace, as it will be indispensable
not only to have posts on the frontier, but to have fortified
harbours for the reception and protection of the fleet of
the United States. This corps requiring particular insti-
tutions for the instruction and formation of the officers,
cannot exist upon separate establishments without a great
increase of expense.
"Sixthly--It appears from the annexed papers, No. 1
to 4, to be the concurrent opinion of the committee in
council, the secretary at war, the inspector-general, and
the chief engineer, not only that some military establish-
ment is indispensable, but that it ought in all respects to
be under the authority of the United States, as well for
military as political reasons. The plan hereafter submit-
ted, on considerations of economy is less extensive than
proposed by either of them. "
This report contemplated a Peace establishment of four
regiments of infantry, and one of artillery, with two addi-
tional battalions to be incorporated in a corps of engi-
neers, and a regiment of dragoons. Its details will be the
subject of future observation.
As the articles of confederation required the regimental
officers to be appointed by the states, it proposed that they
should transfer this right to congress, and also that the men
should be enlisted under continental direction, " as a more
certain and a more frugal mode. " The promotions to be
made regimentally to the rank of colonel according to sen-
27
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THE LIFE OF
iority; with an interesting provision," that no officer of any
corps shall consider it as a violation of his rights, if any
other, who has been fortunate enough to have an opportu-
nity of distinguishing himself in a particular manner, re-
ceives an extra promotion in the corps on account of
brilliant services or peculiar talents. " A general survey is
suggested preparatory to the adoption of a general system
of land fortifications.
Maritime fortifications, though pronounced "of the
highest importance," could not be immediately undertaken;
but an agent of marine is recommended, to obtain all the
lights and prepare all the means previously requisite to
the establishment of ports, and the formation of a navy to
be constructed and equipped on a plan deliberately com-
bined in all its parts. The establishment of arsenals, and
magazines of such articles as are not of a perishable na-
ture, equal to the complete equipment of thirty thousand
men for the field, or for a siege calculated on a three years'
supply, was also suggested; and Springfield in Massachu-
setts, West Point, a convenient position on James river,
and Camden in South Carolina, were proposed as the
places of deposit.
The institution of military academies was thought pre-
mature, and a substitute was given in the plan of the engi-
neer corps. Hamilton advised that a plan for the erection
of manufactories of arms and foundries should be pre-
pared by the secretary at war, to be made a serious object
of policy as soon as the situation of public affairs would
permit. A complete general staff during peace he thought
unnecessary, and proposed that the staff should consist of a
general officer to command the troops, another to com-
mand the corps of engineers and artillery, and an inspector-
general. In time of war, two regiments to form a brigade,
with a brigadier to each.
The details of a general hospital for the reception of the
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? HAMILTON.
211
invalids of the army and navy are given; and as the exist-
ence of a corps of cavalry was deemed of great importance
to the southern states, it proposed that the commissioned
officers should be appointed. The total annual expense of
this establishment was estimated at three hundred and
forty thousand dollars; from which deducting the product
of the manufactories in which the artillerists and artificers
were to be employed, the charge against the United States
would not exceed two hundred and forty-seven thousand
dollars. If this were thought too large an expense, a mode
was indicated for its further reduction; and as the officers
to be retained would be taken from the existing army,
their half-pay would constitute another diminution of the
public charge. Such a provision for the common defence
was deemed necessary, and the only question was stated
to be, whether it should be borne by the United States or
by the particular states; in which last case, it would proba-
bly be increased for want of general system.
This report also embraced the outline of a plan for class-
ing and disciplining the militia, whose organization was
pronounced a constitutional duty.
With a view to a more perfect system, a military board
was proposed to be formed to revise the regulations and
digest a general ordinance for the service of the troops of
the United States, and another for the service of the mili-
tia; who, as intended to be constituted, would have formed
an efficient arm of defence.
A plan involving such important considerations would
arouse in the state party vehement opposition.
The exhausted resources of the country would be urged
as an objection, the dangers of a standing army insisted
on, and the constitutional power denied. These objections,
where the motives to a peace establishment were so co-
gent, would naturally call forth a vigorous defence on the
part of Hamilton.
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THE LIFE OF
The preamble of the report gives the outline of his con-
stitutional argument. Its policy would be defended by a
reference to the great national and common interests of
the confederacy, which could only be protected by its uni-
ted exertions directed by one will. The alarm of danger
from a standing army would be met by an appeal to the
recent experience of the country and to the lessons of
history.
A fragment of notes for the concluding observations of
Hamilton's speech on this occasion exists. He stated that
it was "an absurdity that congress are empowered to build
and equip a navy, and yet, in time of peace, the states are
to keep up one in their own defence. There must be a
navy formed in time of peace; it ought to be proportioned
to our defence, and will then be in all the hands instead of
those of certain states. --Congress, constituted as they are,
cannot have time for usurpation; usurpation in such an ex-
tensive empire, requires long previous preparation, &c. --
People seldom reform with moderation. --Men accustomed
to read of usurpations suddenly effected in small cities,
look upon such a thing as the work of a day. --The weak
side of democracies, is danger of foreign corruption. No
individual has sufficient interest in the state to be proof
against the seduction. --The want of an army lost the lib-
erty of Athens. "
The legislature of New-York, alive to the importance
of garrisoning the western posts immediately upon their
evacuation, passed a vote in the month of March, request-
ing their delegates in congress to obtain a resolution in
conformity to the sixth article of the confederation, de-
claring the number of troops they should deem necessary
for that purpose, stating the opinion of the legislature that
a body not exceeding five hundred men would be adequate
to that object, and their wish that the force should consist
of New-York state troops who had been enlisted, and
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? HAMILTON. 213
were in the pay of congress, but whom they desired that
the United States should declare thenceforth to be con-
sidered in the service of the state, and not in the pay or
service of the United States; requesting munitions and
provisions to be furnished by congress, but to be eventual-
ly charged separately to the state.
The letter from General Washington suggesting the
propriety of occupying these posts with a portion of the
troops of the United States, had been* referred to a com-
mittee, of which Colonel Hamilton, Madison, Osgood,
Ellsworth, and Wilson, were members.
Hamilton submitted a report to congress, directing the
commander-in-chief, whenever the frontier posts should be
evacuated, to place therein of the troops under his com-
mand enlisted for three years such force as he might judge
necessary to hold and secure them, until further measures
should be adopted for their security, for a term not to ex-
ceed nine months.
The consideration of this report, which was commenced
on the eighth of May, was postponed by the state of Vir-
ginia until the twelfth, when it was adopted. Ten states
voted in the affirmative, Bland, Lee, and Mercer, the
members from Virginia, being against it.
The course which Hamilton took upon this question,
gave rise to much dissatisfaction in the minds of a portion
of his constituents. The views of Clinton, the governoi
of New-York, were widely different, and the proceedings
of the legislature of that state were in accordance with
those views.
Soon after Hamilton had retired from congress, Clinton
addressed a general letter to the delegates in that body.
Among other observations, he remarked in this letter, " I
would take this opportunity also of calling your attention
* May 3, 1783.
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THE LIFE OF
to concurrent resolutions of the legislature respecting the
garrisoning of the western posts in this state, which, by
the provisional treaty, are to be evacuated by the British,
These resolutions were in the tenor of instructions to our
delegates, and were immediately transmitted to them; but
as I have not been favoured with any official information
of the result, I submit it to you, whether some report on
a subject so interesting to the state may not be necessary
for the satisfaction of the legislature. From informal
communications made to me by the commander-in-chief, I
have reason to believe that he has directions from con-
gress for garrisoning those posts with continental troops,
and that he is making arrangements for that purpose.
But as you will observe that it was the sense of the legis-
lature that those posts should have been garrisoned by the
state, an explanation of the subject becomes the more ne-
cessary; and it is now for this reason alone, I would re-
quest that you would be pleased to favour me with a par-
ticular detail of the motives which influenced the deter-
mination of congress on this occasion. For it will readily
be perceived, that should congress at this late day accede
to the propositions made by the state, it might be imprac-
ticable to carry them into execution; especially as I have
not ventured, in the state of uncertainty in which I was
left, to incur the expense which the necessary preparations
for the purpose would have required. "
Hamilton, seeing the advantage which was sought to be
derived by the state party from the jealousies on this sub-
ject, replied at large:--
"I have lately received from Messrs. Duane and L'Hom-
medieu an extract of a letter from your excellency to the
delegates, of the twenty-third of August last, requesting a
particular detail of the motives which influenced the deter-
mination of congress respecting the application of the legis-
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? HAMILTON.
215
lature to have their state troops released from continental
pay, for the purpose of garrisoning the frontier posts.
"In my letters to your excellency of the first of June
and twenty-seventh of July, which were intended to be
official, I summarily informed you that congress had made
temporary provision for garrisoning the frontier posts, and
that a plan was under deliberation relative to a peace estab-
lishment, which would of course embrace that object per-
manently; that, such temporary provision being made at
the common expense, and a general plan being under con-
sideration for the future, I had declined pressing a compli-
ance with the application of the legislature, conceiving it
to be more for the interest of the state that the expense
should be jointly borne, than that it should fall exclusively
upon itself.
"I did not enter into a more full detail upon the subject,
because the business continued, to the time I left congress,
in an undecided state, and it was impossible to judge what
views would finally prevail. The concurrent resolutions
of the two houses had been, immediately on their receipt,
referred to a committee appointed to report on a peace
establishment, who had suspended their report on these
resolutions till it should appear what would be the fate of
a general plan which had been submitted.
"As to the motives that influenced congress in making
the provision they did make, rather than immediately as-
senting to the application of the state, as far as I was able
to collect them, they were these :--The opinions of many
were unsettled as to the most eligible mode of providing
for the security of the frontiers consistent with the con-
stitution, as well with respect to the general policy of the
union, as to considerations of justice to those states whose
frontiers were more immediatelyexposed. A considerable
part of the house appeared to think, from reasons of a very
cogent nature, that the well-being of the Union required a
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THE LIFE OF
federal provision for the security of the different parts,
and that it would be a great hardship to individual states,
peculiarly circumstanced, to throw the whole burden of
expense upon them, by recurring to separate provisions in
a matter, the benefit of which would be immediately shared
by their neighbours, and ultimately by the union at large;
that indeed it was not probable particular states would be
either able, or, upon experiment, willing, to make competent
provision at their separate expense; and that the principle
might eventually excite jealousies between the states, un-
friendly to the common tranquillity.
"I freely confess I was one who held this opinion.
Questions naturally arose as to the true construction of
the articles of confederation upon this head; questions as
delicate as interesting, and as difficult of solution. On one
hand, it was doubted whether congress were authorized by
the confederation to proceed upon the idea of a fcederal
provision; on the other, it was perceived that such a con-
trary construction would be dangerous to the union, in-
cluding, among other inconveniences, this consequence--
that the United States, in congress, cannot raise a single
regiment, or equip a single ship, for the general defence,
till after a declaration of war, or an actual commencement
of hostilities.
"In this dilemma on an important constitutional ques-
tion, and other urgent matters depending before congress,
and the advanced season requiring a determination upon
the mode of securing the western posts, in case of a sur-
render this fall, all sides of the house concurred in making
a temporary provision in the manner which has been com-
municated.
"My apprehension of the views of the legislature was
simply this, that, looking forward to a surrender of the
posts, and conceiving, from some expressions in the arti-
cles of confederation, that separate provision was to be
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? HAMILTON.
217
made for the frontier garrisons, they had thought it expe-
dient to apply the troops already on foot to that purpose,
and to propose to congress to give their sanction to h.
Under this apprehension--reflecting, besides, that those
troops were engaged only for a short period, upon a very
improper establishment to continue, on account of the enor-
mous pay to the private men, and that the expense which
is now shared by all, and which would have fallen solely
upon the state, had the application been complied with,
would probably be at the rate of nearly eighty thousand
dollars per annum, a considerable sum for the state in its
present situation--I acknowledge to your excellency that
I saw with pleasure, rather than regret, the turn which
the affair took. I shall be sorry, however, if it has contra-
vened the intentions of the legislature.
"I will take the liberty to add, upon this occasion, that it
has always appeared to me of great importance, to this
state in particular, as well as to the union in general, that
federal, rather than state, provision should be made for the
defence of every part of the confederacy, in peace as well
as in war. Without entering into arguments of general
policy, it will be sufficient to observe, that this state is in
all respects critically situated. Its relative position, shape,
and intersections, viewed on the map, strongly speak this
language--' Strengthen the confederation; give it exclu-
sively the power of the sword; let each state have no forces
but its militia. '
"As a question of mere economy, the following consider-
ations deserve great weight.
"The North River facilitates attacks by sea and by land;
and, besides the frontier forts, all military men are of opin-
ion that a strong post should be maintained at West Point,
or some other position on the lower part of the river. If
Canada is well governed, it may become well peopled, and
by inhabitants attached to its government. The British
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THE LIFE OP
nation, while it preserves the idea of retaining possession
of that country, may be expected to keep on foot there a
large force. The position of that force, either for defence
or offence, will necessarily be such as will afford a prompt
and easy access to us. Our precautions for defence must
be proportioned to their means of annoying us; and we
may hereafter find it indispensable to increase our frontier
garrisons. The present charge of a competent force in
that quarter, thrown additionally into the scale of those
contributions which we must make to the payment of the
public debt, and to other objects of general expense, if the
union lasts, would, I fear, enlarge our burden beyond our
ability; that charge hereafter increased, as it may be,
would be oppressively felt by the people. It includes not
only the expense of paying and subsisting the necessary
number of troops, but of keeping the fortifications in repair,
probably of erecting others, and of furnishing the requisite
supplies of military stores. I say nothing of the Indian
nations, because, though it will be always prudent to be
upon our guard against them, yet I am of opinion we
may diminish the necessity of it by making them our friends,
and I take it for granted there cannot be a serious doubt
any where as to the obvious policy of endeavouring to do
it. Their friendship alone can keep our frontiers in peace.
It is essential to the improvement of the fur trade, an ob-
ject of immense importance to the state. The attempt at
the total expulsion of so desultory a people, is as chimeri-
cal as it would be pernicious. War with them is as ex-
pensive as it is destructive. It has not a single object; for
the acquisition of their lands is not to be wished till those
now vacant are filled, and the surest as well as the most
just and humane way of removing them, is by extending
our settlements to their neighbourhood. Indeed, it is not
impossible they may be already willing to exchange their
former possessions for others more remote.
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? HAMILTON
219
"The foregoing considerations would lose all force, if
we had full security that the rest of the world would make
our safety and prosperity the first object of their reverence
and care; but an expectation of this kind would be too
much against the ordinary course of human affairs--too
visionary, to be a rule of national conduct.
"It is true, our situation secures us from conquest, if
internal dissensions do not open the way; but when na-
tions now make war upon each other, the object seldom is
total conquest. Partial acquisitions, the jealousy of pow-
er, the rivalship of dominion or of commerce, sometimes na-
tional emulation and antipathy, are the motives. Nothing
shelters us from the operation of either of these causes;
the fisheries, the fur trade, the navigation of the lakes and
of the Mississippi, the western territory, the islands in the
West-Indies with reference to traffic, in short, the passions
of human nature, are abundant sources of contention and
hostility.
"I will not trespass further on your excellency's pa-
tience; I expected, indeed, that my last letter would have
finished my official communications; but Messrs.
Duane
and L'Hommedieu having transmitted the extract of your
letter to Mr. Floyd and myself, in order that we might
comply with what your excellency thought would be ex-
pected by the legislature, it became my duty to give this
explanation. Mr. Floyd having been at congress but a
short time after the concurrent resolutions arrived, and
being now at a great distance from me, occasions a sepa-
rate communication. "
While congress was engaged in the consideration of
questions connected with the disposal of the western lands,
and more particularly of the claims Virginia had inter-
posed, against which Hamilton contended, asserting the
rights of the United States, and which called forth a warm
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THE LIFE OF
address from the legislature of New-Jersey, urging them
not to accept her cession, but to press upon that state " a
more liberal surrender of that territory of which they
claim so boundless a proportion," their deliberations were
suddenly suspended. An occurrence took place, which,
though unattended with any immediate consequences of
moment, had at first an alarming aspect, and was one of
the many circumstances that hastened the degradation
of the confederacy. The necessities which had compelled
congress to disband the army without fulfilling their en-
gagements, led to this event. The patriotic soldiery who
had won the independence of their country, submitted to
the severe sacrifices to which they were subjected, with a
patience and forbearance of which no similar instance ex-
ists. Instead of alarming the country, and invading the
security of society by outrages and plunder, a picture was
presented by them of the highest interest. They were seen
quietly retiring to their respective states, forgetting the hab-
its which war usually forms, mingling with the mass of the
community in their common occupations, and only distin-
guishable from them by the recital of the exploits they had
performed, and of the sufferings they had endured; by
those scars which a sense of ingratitude and wounded
pride would sometimes prompt them to display, and by a
deeper and more fervent devotion to their country.
A different temper was exhibited by the new levies, who,
without having shared the dangers of the war, demanded
an exact fulfilment of the public engagements.
There were in the barracks of Philadelphia and at Lan-
caster a number of new recruits who had never taken the
field, and who refused to accept their discharges without
immediate pay. On the fifteenth of June, a petition sign-
ed by their sergeants, was presented to congress. It was
couched in very peremptory language, but was disregarded.
On the eighteenth, letters were received announcing the
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? HAMILTON.
221
determination of another party to march to Philadelphia
to demand justice. They reached it on the following day,
and joined the men in the barracks.
Rumours were now circulated among the timid citizens
of an alarming character. The executive of the state and
congress were besieged with entreaties to check the rising
spirit of sedition, and to protect them from rapine.
On the first communication of their purpose, Hamilton
was appointed chairman of a committee to confer with the
government of Pennsylvania, and to endeavour to induce
it to call upon the militia to stop the insurgents, but he was
unsuccessful. They next despatched the assistant secreta-
ry at war to meet them, and to represent with coolness,
but with energy, the character of their proceedings and
the dangers they had incurred. The mutineers remained
passive until the twenty-first of the month, when, upon an in-
timation that they had cast off the authority of their officers
and had a design against the bank, congress was convened.
The state-house, in which they met, and where the ex-
ecutive of Pennsylvania was then sitting, was surrounded
by three hundred soldiers armed with bayonets, under the
command of seven sergeants, who sent in a message to con-
gress, that "unless their demand was complied with in
twenty minutes, they would let in upon them the injured
soldiery, the consequences of which, they were to abide. "
Congress ordered General St. Clair to appear before them;
and after having received a statement from him, deter-
mined that they would enter into no deliberation with the
mutineers, that they must return to Lancaster, and that
there, and only there, they would be paid.
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.
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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
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? 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
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? 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
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? 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
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? 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
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? 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
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? 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. "
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? 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.
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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
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207
"This is a principle of so much importance in the appre-
hension of the committee to the welfare of the union, that
if any doubt should exist as to the true meaning of the first
mentioned clause, it will, in their opinion, be proper to ad-
mit such a construction as will leave the general power
vested in the United States by the other clauses in full
force, unless the states respectively or a majority of them
shall declare a different interpretation.
"The committee, however, submit to congress (in con-
formity to that spirit of candour, and to that respect for
the sense of their constituents which ought ever to charac-
terize their proceedings,) the propriety of transmitting the
plan which they may adopt to the several states, to afford
an opportunity of signifying their sentiments previous to
the final execution.
"The committee are of opinion, if there is a constitu-
tional power in the United States for that purpose, that
there are conclusive reasons in favour of federal in pre-
ference to state establishments. First, there are objects
for which separate provision cannot conveniently be made;
posts within certain districts, the jurisdiction and property
of which are not yet constitutionally ascertained--territory
appertaining to the United States not within the original
claim of any of the states--the navigation of the Missis-
sippi, and of the lakes--the rights of the fisheries, and
of foreign commerce; all which, belonging to the United
States, depending on the laws of nations and on treaty,
demand the joint protection of the union, and cannot with
propriety be trusted to separate establishments.
"Secondly--The fortifications proper to be established
ought to be constructed with relation to each other, on a
general and well-digested system, and their defence should
be calculated on the same principles. This is equally im-
portant in the double view of safety and economy. If
this is not done under the direction of the United States,
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? 208 THE LIFE OF
each state following a partial and disjointed plan, it will
be found that the posts will have no mutual dependence
or support; that they will be improperly distributed, and
more numerous than is necessary, as well as less efficacious,
of course more easily reduced, and more extensive both in
the construction and defence.
"Thirdly--It happens that, from local circumstances,
particular states, if left to take care of themselves, would be
in possession of the chief part of the standing forces, and
of the principal fortified places of the union, a circum-
stance inconvenient to them and to the United States: to
them, because it would impose a heavy exclusive burden,
in a matter the benefit of which will be immediately shared
by their neighbours, and ultimately by the states at large;
to the United States, because it confides the care of the
safety of the whole to a part, which will naturally be un-
willing as well as unable to make such effectual provision,
at its particular expense, as the common welfare requires;
because a single state, from the peculiarity of its situation,
will in a manner keep the keys of the United States; be-
cause, in fine, a considerable force in the hands of a few
states may have an unfriendly aspect, in the confidence
and harmony which ought carefully to be maintained be-
tween the whole.
"Fourthly--It is probable that a provision by the Uni-
ted States of the forces necessary to be kept up will be
made upon a more systematic and economical plan, than a
provision by the states separately; especially as it will be
of importance, as soon as the situation of affairs will per-
mit, to establish foundries, manufactories of arms, pow-
der, &c. , by means of which, the labour of part of the
troops applied to this purpose will furnish the United
States with those essential articles on easy terms, and
contribute to their own support.
"Fifthly--There must bo a corps of artillery and engi-
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? HAMILTON.
209
neers kept on foot in time of peace, as the officers of this
corps require science and long preliminary study, and
cannot be formed on an emergency, and as the neglect of
this institution would always oblige the United States to
have recourse to foreigners, in time of war, for a supply
of officers in this essential Branch; an inconvenience
which it ought to be the object of every nation to avoid.
Nor indeed is it possible to dispense with the services of
such a corps in time of peace, as it will be indispensable
not only to have posts on the frontier, but to have fortified
harbours for the reception and protection of the fleet of
the United States. This corps requiring particular insti-
tutions for the instruction and formation of the officers,
cannot exist upon separate establishments without a great
increase of expense.
"Sixthly--It appears from the annexed papers, No. 1
to 4, to be the concurrent opinion of the committee in
council, the secretary at war, the inspector-general, and
the chief engineer, not only that some military establish-
ment is indispensable, but that it ought in all respects to
be under the authority of the United States, as well for
military as political reasons. The plan hereafter submit-
ted, on considerations of economy is less extensive than
proposed by either of them. "
This report contemplated a Peace establishment of four
regiments of infantry, and one of artillery, with two addi-
tional battalions to be incorporated in a corps of engi-
neers, and a regiment of dragoons. Its details will be the
subject of future observation.
As the articles of confederation required the regimental
officers to be appointed by the states, it proposed that they
should transfer this right to congress, and also that the men
should be enlisted under continental direction, " as a more
certain and a more frugal mode. " The promotions to be
made regimentally to the rank of colonel according to sen-
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? 210
THE LIFE OF
iority; with an interesting provision," that no officer of any
corps shall consider it as a violation of his rights, if any
other, who has been fortunate enough to have an opportu-
nity of distinguishing himself in a particular manner, re-
ceives an extra promotion in the corps on account of
brilliant services or peculiar talents. " A general survey is
suggested preparatory to the adoption of a general system
of land fortifications.
Maritime fortifications, though pronounced "of the
highest importance," could not be immediately undertaken;
but an agent of marine is recommended, to obtain all the
lights and prepare all the means previously requisite to
the establishment of ports, and the formation of a navy to
be constructed and equipped on a plan deliberately com-
bined in all its parts. The establishment of arsenals, and
magazines of such articles as are not of a perishable na-
ture, equal to the complete equipment of thirty thousand
men for the field, or for a siege calculated on a three years'
supply, was also suggested; and Springfield in Massachu-
setts, West Point, a convenient position on James river,
and Camden in South Carolina, were proposed as the
places of deposit.
The institution of military academies was thought pre-
mature, and a substitute was given in the plan of the engi-
neer corps. Hamilton advised that a plan for the erection
of manufactories of arms and foundries should be pre-
pared by the secretary at war, to be made a serious object
of policy as soon as the situation of public affairs would
permit. A complete general staff during peace he thought
unnecessary, and proposed that the staff should consist of a
general officer to command the troops, another to com-
mand the corps of engineers and artillery, and an inspector-
general. In time of war, two regiments to form a brigade,
with a brigadier to each.
The details of a general hospital for the reception of the
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? HAMILTON.
211
invalids of the army and navy are given; and as the exist-
ence of a corps of cavalry was deemed of great importance
to the southern states, it proposed that the commissioned
officers should be appointed. The total annual expense of
this establishment was estimated at three hundred and
forty thousand dollars; from which deducting the product
of the manufactories in which the artillerists and artificers
were to be employed, the charge against the United States
would not exceed two hundred and forty-seven thousand
dollars. If this were thought too large an expense, a mode
was indicated for its further reduction; and as the officers
to be retained would be taken from the existing army,
their half-pay would constitute another diminution of the
public charge. Such a provision for the common defence
was deemed necessary, and the only question was stated
to be, whether it should be borne by the United States or
by the particular states; in which last case, it would proba-
bly be increased for want of general system.
This report also embraced the outline of a plan for class-
ing and disciplining the militia, whose organization was
pronounced a constitutional duty.
With a view to a more perfect system, a military board
was proposed to be formed to revise the regulations and
digest a general ordinance for the service of the troops of
the United States, and another for the service of the mili-
tia; who, as intended to be constituted, would have formed
an efficient arm of defence.
A plan involving such important considerations would
arouse in the state party vehement opposition.
The exhausted resources of the country would be urged
as an objection, the dangers of a standing army insisted
on, and the constitutional power denied. These objections,
where the motives to a peace establishment were so co-
gent, would naturally call forth a vigorous defence on the
part of Hamilton.
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THE LIFE OF
The preamble of the report gives the outline of his con-
stitutional argument. Its policy would be defended by a
reference to the great national and common interests of
the confederacy, which could only be protected by its uni-
ted exertions directed by one will. The alarm of danger
from a standing army would be met by an appeal to the
recent experience of the country and to the lessons of
history.
A fragment of notes for the concluding observations of
Hamilton's speech on this occasion exists. He stated that
it was "an absurdity that congress are empowered to build
and equip a navy, and yet, in time of peace, the states are
to keep up one in their own defence. There must be a
navy formed in time of peace; it ought to be proportioned
to our defence, and will then be in all the hands instead of
those of certain states. --Congress, constituted as they are,
cannot have time for usurpation; usurpation in such an ex-
tensive empire, requires long previous preparation, &c. --
People seldom reform with moderation. --Men accustomed
to read of usurpations suddenly effected in small cities,
look upon such a thing as the work of a day. --The weak
side of democracies, is danger of foreign corruption. No
individual has sufficient interest in the state to be proof
against the seduction. --The want of an army lost the lib-
erty of Athens. "
The legislature of New-York, alive to the importance
of garrisoning the western posts immediately upon their
evacuation, passed a vote in the month of March, request-
ing their delegates in congress to obtain a resolution in
conformity to the sixth article of the confederation, de-
claring the number of troops they should deem necessary
for that purpose, stating the opinion of the legislature that
a body not exceeding five hundred men would be adequate
to that object, and their wish that the force should consist
of New-York state troops who had been enlisted, and
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? HAMILTON. 213
were in the pay of congress, but whom they desired that
the United States should declare thenceforth to be con-
sidered in the service of the state, and not in the pay or
service of the United States; requesting munitions and
provisions to be furnished by congress, but to be eventual-
ly charged separately to the state.
The letter from General Washington suggesting the
propriety of occupying these posts with a portion of the
troops of the United States, had been* referred to a com-
mittee, of which Colonel Hamilton, Madison, Osgood,
Ellsworth, and Wilson, were members.
Hamilton submitted a report to congress, directing the
commander-in-chief, whenever the frontier posts should be
evacuated, to place therein of the troops under his com-
mand enlisted for three years such force as he might judge
necessary to hold and secure them, until further measures
should be adopted for their security, for a term not to ex-
ceed nine months.
The consideration of this report, which was commenced
on the eighth of May, was postponed by the state of Vir-
ginia until the twelfth, when it was adopted. Ten states
voted in the affirmative, Bland, Lee, and Mercer, the
members from Virginia, being against it.
The course which Hamilton took upon this question,
gave rise to much dissatisfaction in the minds of a portion
of his constituents. The views of Clinton, the governoi
of New-York, were widely different, and the proceedings
of the legislature of that state were in accordance with
those views.
Soon after Hamilton had retired from congress, Clinton
addressed a general letter to the delegates in that body.
Among other observations, he remarked in this letter, " I
would take this opportunity also of calling your attention
* May 3, 1783.
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to concurrent resolutions of the legislature respecting the
garrisoning of the western posts in this state, which, by
the provisional treaty, are to be evacuated by the British,
These resolutions were in the tenor of instructions to our
delegates, and were immediately transmitted to them; but
as I have not been favoured with any official information
of the result, I submit it to you, whether some report on
a subject so interesting to the state may not be necessary
for the satisfaction of the legislature. From informal
communications made to me by the commander-in-chief, I
have reason to believe that he has directions from con-
gress for garrisoning those posts with continental troops,
and that he is making arrangements for that purpose.
But as you will observe that it was the sense of the legis-
lature that those posts should have been garrisoned by the
state, an explanation of the subject becomes the more ne-
cessary; and it is now for this reason alone, I would re-
quest that you would be pleased to favour me with a par-
ticular detail of the motives which influenced the deter-
mination of congress on this occasion. For it will readily
be perceived, that should congress at this late day accede
to the propositions made by the state, it might be imprac-
ticable to carry them into execution; especially as I have
not ventured, in the state of uncertainty in which I was
left, to incur the expense which the necessary preparations
for the purpose would have required. "
Hamilton, seeing the advantage which was sought to be
derived by the state party from the jealousies on this sub-
ject, replied at large:--
"I have lately received from Messrs. Duane and L'Hom-
medieu an extract of a letter from your excellency to the
delegates, of the twenty-third of August last, requesting a
particular detail of the motives which influenced the deter-
mination of congress respecting the application of the legis-
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? HAMILTON.
215
lature to have their state troops released from continental
pay, for the purpose of garrisoning the frontier posts.
"In my letters to your excellency of the first of June
and twenty-seventh of July, which were intended to be
official, I summarily informed you that congress had made
temporary provision for garrisoning the frontier posts, and
that a plan was under deliberation relative to a peace estab-
lishment, which would of course embrace that object per-
manently; that, such temporary provision being made at
the common expense, and a general plan being under con-
sideration for the future, I had declined pressing a compli-
ance with the application of the legislature, conceiving it
to be more for the interest of the state that the expense
should be jointly borne, than that it should fall exclusively
upon itself.
"I did not enter into a more full detail upon the subject,
because the business continued, to the time I left congress,
in an undecided state, and it was impossible to judge what
views would finally prevail. The concurrent resolutions
of the two houses had been, immediately on their receipt,
referred to a committee appointed to report on a peace
establishment, who had suspended their report on these
resolutions till it should appear what would be the fate of
a general plan which had been submitted.
"As to the motives that influenced congress in making
the provision they did make, rather than immediately as-
senting to the application of the state, as far as I was able
to collect them, they were these :--The opinions of many
were unsettled as to the most eligible mode of providing
for the security of the frontiers consistent with the con-
stitution, as well with respect to the general policy of the
union, as to considerations of justice to those states whose
frontiers were more immediatelyexposed. A considerable
part of the house appeared to think, from reasons of a very
cogent nature, that the well-being of the Union required a
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federal provision for the security of the different parts,
and that it would be a great hardship to individual states,
peculiarly circumstanced, to throw the whole burden of
expense upon them, by recurring to separate provisions in
a matter, the benefit of which would be immediately shared
by their neighbours, and ultimately by the union at large;
that indeed it was not probable particular states would be
either able, or, upon experiment, willing, to make competent
provision at their separate expense; and that the principle
might eventually excite jealousies between the states, un-
friendly to the common tranquillity.
"I freely confess I was one who held this opinion.
Questions naturally arose as to the true construction of
the articles of confederation upon this head; questions as
delicate as interesting, and as difficult of solution. On one
hand, it was doubted whether congress were authorized by
the confederation to proceed upon the idea of a fcederal
provision; on the other, it was perceived that such a con-
trary construction would be dangerous to the union, in-
cluding, among other inconveniences, this consequence--
that the United States, in congress, cannot raise a single
regiment, or equip a single ship, for the general defence,
till after a declaration of war, or an actual commencement
of hostilities.
"In this dilemma on an important constitutional ques-
tion, and other urgent matters depending before congress,
and the advanced season requiring a determination upon
the mode of securing the western posts, in case of a sur-
render this fall, all sides of the house concurred in making
a temporary provision in the manner which has been com-
municated.
"My apprehension of the views of the legislature was
simply this, that, looking forward to a surrender of the
posts, and conceiving, from some expressions in the arti-
cles of confederation, that separate provision was to be
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? HAMILTON.
217
made for the frontier garrisons, they had thought it expe-
dient to apply the troops already on foot to that purpose,
and to propose to congress to give their sanction to h.
Under this apprehension--reflecting, besides, that those
troops were engaged only for a short period, upon a very
improper establishment to continue, on account of the enor-
mous pay to the private men, and that the expense which
is now shared by all, and which would have fallen solely
upon the state, had the application been complied with,
would probably be at the rate of nearly eighty thousand
dollars per annum, a considerable sum for the state in its
present situation--I acknowledge to your excellency that
I saw with pleasure, rather than regret, the turn which
the affair took. I shall be sorry, however, if it has contra-
vened the intentions of the legislature.
"I will take the liberty to add, upon this occasion, that it
has always appeared to me of great importance, to this
state in particular, as well as to the union in general, that
federal, rather than state, provision should be made for the
defence of every part of the confederacy, in peace as well
as in war. Without entering into arguments of general
policy, it will be sufficient to observe, that this state is in
all respects critically situated. Its relative position, shape,
and intersections, viewed on the map, strongly speak this
language--' Strengthen the confederation; give it exclu-
sively the power of the sword; let each state have no forces
but its militia. '
"As a question of mere economy, the following consider-
ations deserve great weight.
"The North River facilitates attacks by sea and by land;
and, besides the frontier forts, all military men are of opin-
ion that a strong post should be maintained at West Point,
or some other position on the lower part of the river. If
Canada is well governed, it may become well peopled, and
by inhabitants attached to its government. The British
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THE LIFE OP
nation, while it preserves the idea of retaining possession
of that country, may be expected to keep on foot there a
large force. The position of that force, either for defence
or offence, will necessarily be such as will afford a prompt
and easy access to us. Our precautions for defence must
be proportioned to their means of annoying us; and we
may hereafter find it indispensable to increase our frontier
garrisons. The present charge of a competent force in
that quarter, thrown additionally into the scale of those
contributions which we must make to the payment of the
public debt, and to other objects of general expense, if the
union lasts, would, I fear, enlarge our burden beyond our
ability; that charge hereafter increased, as it may be,
would be oppressively felt by the people. It includes not
only the expense of paying and subsisting the necessary
number of troops, but of keeping the fortifications in repair,
probably of erecting others, and of furnishing the requisite
supplies of military stores. I say nothing of the Indian
nations, because, though it will be always prudent to be
upon our guard against them, yet I am of opinion we
may diminish the necessity of it by making them our friends,
and I take it for granted there cannot be a serious doubt
any where as to the obvious policy of endeavouring to do
it. Their friendship alone can keep our frontiers in peace.
It is essential to the improvement of the fur trade, an ob-
ject of immense importance to the state. The attempt at
the total expulsion of so desultory a people, is as chimeri-
cal as it would be pernicious. War with them is as ex-
pensive as it is destructive. It has not a single object; for
the acquisition of their lands is not to be wished till those
now vacant are filled, and the surest as well as the most
just and humane way of removing them, is by extending
our settlements to their neighbourhood. Indeed, it is not
impossible they may be already willing to exchange their
former possessions for others more remote.
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? HAMILTON
219
"The foregoing considerations would lose all force, if
we had full security that the rest of the world would make
our safety and prosperity the first object of their reverence
and care; but an expectation of this kind would be too
much against the ordinary course of human affairs--too
visionary, to be a rule of national conduct.
"It is true, our situation secures us from conquest, if
internal dissensions do not open the way; but when na-
tions now make war upon each other, the object seldom is
total conquest. Partial acquisitions, the jealousy of pow-
er, the rivalship of dominion or of commerce, sometimes na-
tional emulation and antipathy, are the motives. Nothing
shelters us from the operation of either of these causes;
the fisheries, the fur trade, the navigation of the lakes and
of the Mississippi, the western territory, the islands in the
West-Indies with reference to traffic, in short, the passions
of human nature, are abundant sources of contention and
hostility.
"I will not trespass further on your excellency's pa-
tience; I expected, indeed, that my last letter would have
finished my official communications; but Messrs.
Duane
and L'Hommedieu having transmitted the extract of your
letter to Mr. Floyd and myself, in order that we might
comply with what your excellency thought would be ex-
pected by the legislature, it became my duty to give this
explanation. Mr. Floyd having been at congress but a
short time after the concurrent resolutions arrived, and
being now at a great distance from me, occasions a sepa-
rate communication. "
While congress was engaged in the consideration of
questions connected with the disposal of the western lands,
and more particularly of the claims Virginia had inter-
posed, against which Hamilton contended, asserting the
rights of the United States, and which called forth a warm
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THE LIFE OF
address from the legislature of New-Jersey, urging them
not to accept her cession, but to press upon that state " a
more liberal surrender of that territory of which they
claim so boundless a proportion," their deliberations were
suddenly suspended. An occurrence took place, which,
though unattended with any immediate consequences of
moment, had at first an alarming aspect, and was one of
the many circumstances that hastened the degradation
of the confederacy. The necessities which had compelled
congress to disband the army without fulfilling their en-
gagements, led to this event. The patriotic soldiery who
had won the independence of their country, submitted to
the severe sacrifices to which they were subjected, with a
patience and forbearance of which no similar instance ex-
ists. Instead of alarming the country, and invading the
security of society by outrages and plunder, a picture was
presented by them of the highest interest. They were seen
quietly retiring to their respective states, forgetting the hab-
its which war usually forms, mingling with the mass of the
community in their common occupations, and only distin-
guishable from them by the recital of the exploits they had
performed, and of the sufferings they had endured; by
those scars which a sense of ingratitude and wounded
pride would sometimes prompt them to display, and by a
deeper and more fervent devotion to their country.
A different temper was exhibited by the new levies, who,
without having shared the dangers of the war, demanded
an exact fulfilment of the public engagements.
There were in the barracks of Philadelphia and at Lan-
caster a number of new recruits who had never taken the
field, and who refused to accept their discharges without
immediate pay. On the fifteenth of June, a petition sign-
ed by their sergeants, was presented to congress. It was
couched in very peremptory language, but was disregarded.
On the eighteenth, letters were received announcing the
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? HAMILTON.
221
determination of another party to march to Philadelphia
to demand justice. They reached it on the following day,
and joined the men in the barracks.
Rumours were now circulated among the timid citizens
of an alarming character. The executive of the state and
congress were besieged with entreaties to check the rising
spirit of sedition, and to protect them from rapine.
On the first communication of their purpose, Hamilton
was appointed chairman of a committee to confer with the
government of Pennsylvania, and to endeavour to induce
it to call upon the militia to stop the insurgents, but he was
unsuccessful. They next despatched the assistant secreta-
ry at war to meet them, and to represent with coolness,
but with energy, the character of their proceedings and
the dangers they had incurred. The mutineers remained
passive until the twenty-first of the month, when, upon an in-
timation that they had cast off the authority of their officers
and had a design against the bank, congress was convened.
The state-house, in which they met, and where the ex-
ecutive of Pennsylvania was then sitting, was surrounded
by three hundred soldiers armed with bayonets, under the
command of seven sergeants, who sent in a message to con-
gress, that "unless their demand was complied with in
twenty minutes, they would let in upon them the injured
soldiery, the consequences of which, they were to abide. "
Congress ordered General St. Clair to appear before them;
and after having received a statement from him, deter-
mined that they would enter into no deliberation with the
mutineers, that they must return to Lancaster, and that
there, and only there, they would be paid.
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.
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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
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? 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
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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
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? 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
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? 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
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? 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
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? 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. "
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? 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.
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? 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
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