Part 34

There was a propriety in calling for the aid of the militia in the first place, for different reasons. Civil government may always, with more peculiar propriety, resort to the aid of the citizens, to repel military insults or encroachments.

’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 of the whole, as their own immediate representatives. The insult was not to Congress personally; it was to the government, to public authority in general; and was very properly put upon that footing. The regular forces, which Congress could command, were at a great distance, and could not, but in a length of time, be brought to effectuate their purpose. The disorder continued to exist on the spot where they were; was likely to increase by delay; and might be productive of sudden and mischievous effects by being neglected.

The city and the Bank were in immediate danger of being rifled; and, perhaps, of suffering other calamities. The citizens, therefore, were the proper persons to make the first exertion.

The objection, that these were not the objects of the care of Congress, can only serve to mislead the vulgar. The peace and safety of the place which was the immediate residence of Congress, _endangered, too, by the troops of the United States_, demanded their interposition. The President of the State of Pennsylvania was himself of this opinion; having declared to a member of that body, that as their troops were the offenders, it was proper for them to declare the necessity of calling out the militia, as a previous step to its being done.

Nor is there more weight in the supposition that the danger was inconsiderable; and that, from the pacific appearances of the troops, it was to be expected, the disorder would subside of itself. The facts were, that the troops still continued in a state of mutiny; had made no submissions, nor offered any; and that they affected to negotiate with their arms in their hands.

A band of mutinous soldiers, in such a situation, uncontrolled, and elated with their own power, was not to be trusted.

The most sudden vicissitudes and contradictory changes were to be expected; and a fit of intoxication was sufficient, at any moment, with men who had already gone such length, to make the city a scene of plunder and massacre. It was the height of rashness to leave the city exposed to the bare possibility of such mischiefs.

The only question, in this view, is, Whether there was greater danger to the city, in attempting their reduction by force, than in endeavoring, by palliatives, to bring them to a sense of duty? It has been urged, and appeared to have operated strongly upon the minds of the Council,[24] that the soldiers being already embodied, accustomed to arms, and ready to act at a moment’s warning, it would be extremely hazardous to attempt to collect the citizens to subdue them, as the mutineers might have taken advantage of the first confusion incident to the measure, to do a great deal of mischief, before this militia could have assembled in equal or superior force.

It is not to be denied, but that a small body of disciplined troops, headed and led by their officers, with a plan of conduct, could have effected a great deal in similar circumstances; 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 broken 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.

In the present case, it was to be relied upon, that the appearance of opposition would instantly bring the mutineers to a sense of their insignificance, and to submission. Conscious of their weakness, from the smallness of their numbers; in a populous city, and in the midst of a populous country; awed by the consequences of resisting government by arms, and confounded by the want of proper leaders and proper direction; the common soldiers would have thought of nothing but making their peace by the sacrifice of those who had been the authors of their misconduct.

The idea, therefore, 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. It will be seen, by and by, how far the events, justly appreciated, corresponded with this reasoning.

Congress were not only right in adopting measures of coercion; but they were also right in resolving to change their situation, if proper exertions were not made by the particular government and citizens of the place where they resided. The want of such exertions would evince some defect, no matter where, that would prove they ought to have no confidence in their situation. They were, to all intents and purposes, in the power of a lawless, armed banditti, enraged, whether justly, or not, against them. However they might have had a right to expose their own persons to insult and outrage, they had no right to expose the character of representatives, or the dignity of the States they represented, or of the Union. It was plain, they could not, with propriety, in such a state of things, proceed in their deliberations where they were; and it was right they should repair to a place where they could do it. It was far from impossible, that the mutineers might have been induced to seize their persons, as hostages for their own security, as well as with a hope of extorting concessions. Had such an event taken place, the whole country would have exclaimed, Why did not Congress withdraw from a place where they found they could not be assured of support; where the government was so feeble, or the citizens so indisposed, as to suffer three or four hundred mutinous soldiers to violate, with impunity, the authority of the United States, and of their own State?

When they resolved to depart, on the want of adequate exertions, they had reason to doubt their being made, from the disinclination shown by the Council to call out the militia in the first instance: and when they did actually depart, they were informed by the Council, that the efforts of the citizens were not to be looked for, even from a repetition of the outrage which had already happened; and it was to be doubted what measure of outrage would produce them. They had also convincing proof, that the mutiny was more serious than it had even at first appeared, by the participation of some of the officers.

To throw the blame of harshness and precipitancy upon Congress, it is said, that their dignity was only _accidentally_ and _undesignedly_ offended. Much stress has been laid upon the message, from the soldiery being directed to the Council, and not to them. All this, however, is very immaterial to the real merits of the question. Whatever might have been the first intention of the mutineers in this

## particular act, whether it proceeded from artifice or confusion of

ideas, the indignity to Congress was the same. They knew that Congress customarily held their deliberations at the State House: and if it even be admitted, that they knew Saturday to be a day of usual recess, which, perhaps, is not altogether probable: when they came to the place they saw, and knew, Congress to be assembled there. They did not desist in consequence of this; but proceeded to station their guards, and execute their purposes. Members of Congress went out to them; remonstrated with them; represented the danger of their proceedings to themselves, and desired them to withdraw: but they persisted till they obtained what they supposed a part of their object. A majority of the same persons had, some days before, sent a message, almost equally exceptionable, to Congress; and at the time they scarcely spoke of any other body than Congress; who, indeed, may naturally be supposed to have been the main object of their resentments: for Congress, having always appeared to the soldiery, to be the body who contracted with them, and who had broken faith with them, it is not to be supposed they were capable of investigating the remote causes of the failures, so as to transfer the odium from Congress to the State.

But the substantial thing to be considered in this question, is the violation of public authority. It cannot be disputed, that the mutiny of troops is a violation of that authority to which they owe obedience. This was, in the present case, aggravated to a high degree of atrociousness, by the gross insult to the government of Pennsylvania, in the face of Congress, and in defiance of their displeasure. It was further aggravated by continuing in that condition for a series of time.

The reasons have been assigned, that made it incumbent upon Congress to interpose; and when they called upon the State of Pennsylvania, not only to vindicate its own rights, but to support their authority, the declining a compliance was a breach of the Confederation, and of the duty which the State of Pennsylvania owed to the United States. The best apology for the government of Pennsylvania, in this case, is, that they could not command the services of their citizens. But so improper a disposition in the citizens, if admitted, must operate as an additional justification to Congress, in their removal.

The subsequent events, justly appreciated, illustrate the propriety of their conduct. The mutineers did not make voluntary submissions in consequence of negotiation, persuasion, or conviction. They did not submit till after Congress had left the city, publishing their intentions of coercion; till after there had been an _actual call_ upon the militia; till their leaders and instigators, alarmed by the approach of force, and the fear of being betrayed by the men, fled. They were reduced by coercion, not overcome by mildness. It appears, too, that while they were professing repentance, and a return to their duty, they were tampering with the troops at Yorktown and Lancaster, to increase their strength; and that two officers, at least, were concerned in the mutiny, who, by their letters since, have confessed, that some project of importance was in contemplation.

The call for the militia was made the day after it had been pronounced ineligible by the Council. There could have been little change, in that time, either in the temper or preparations of the citizens. The truth is, that the departure of Congress brought the matter to a crisis; and that the Council were compelled, by necessity, to do what they ought to have done before, through choice.

It is to be lamented they did not, by an earlier decision, prevent the necessity of Congress taking a step which may have many disagreeable consequences. They then would

[_The residue of the manuscript is not found._]

[20] These blanks are in the manuscript.

[21] This blank is in the manuscript.

[22] “The words, as reported by the committee to Congress, were, ‘It,’ i.e., the arming of the citizens to suppress the mutineers, ‘was not to be expected, merely from a repetition of the insult which had happened.’”--Note by Col. Pickering.

[23] “Mr. Ellsworth was the other member of the committee.--T. P.”

[24] Your Excellency will recollect, that, in our private conversation, you urged this consideration, and appealed to my military experience; and that I made, substantially, the observations which follow.

HAMILTON TO MADISON.

Princeton, June 29, 1783.

Dear Sir:

I am informed, that, among other disagreeable things said about the removal of Congress from Philadelphia, it is insinuated, that it was a contrivance of some members, to get them out of the State of Pennsylvania, into one of those to which they belonged; and I am told, that this insinuation has been pointed at me in particular.

Though I am persuaded, that all disinterested persons will justify Congress in quitting a place where they were told they were not to expect support (for the conduct of the Council amounted to that), yet, I am unwilling to be held up as having had an extraordinary agency in the measure for interested purposes, when the fact is directly the reverse. As you were a witness to my conduct and opinions through the whole of the transaction, I am induced to trouble you for your testimony upon this occasion. I do not mean to make a public use of it; but, through my friends, to vindicate myself from the imputations I have mentioned.

I will therefore request your answers to the following questions:

Did that part of the resolutions, which related to the removal of Congress, originate with me, or not?

Did I, as a member of the committee, appear to press the departure; or did I not rather manifest a strong disposition to postpone that event as long as possible, even against the general current of opinion?

I wish you to be as particular and full in your answer as your memory will permit. I think you will recollect, that my idea was clearly this: That the mutiny ought not to be terminated by negotiation; that Congress 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 delicate nature; might have an ill appearance in Europe; and might, from events, be susceptible of an unfavorable interpretation in this country; it was prudent to delay it till its necessity became apparent: not only till it was manifest there would be no change in the spirit which seemed to actuate the Council; but till it was evident, complete submission was not to be expected from the troops; that, to give full time for this, it would be proper to delay the departure of Congress till the latest period which would be compatible with the idea of meeting at Trenton or Princeton on Thursday--perhaps even till Thursday morning.

I am, Sir, your most obedient servant, A. Hamilton.

To James Madison, Junior, Esq.

HAMILTON TO JAMES MADISON, JR.

Philadelphia, July 6, 1783.

Dear Sir:

On my arrival in this city I am more convinced than I was of the necessity of giving a just state of facts to the public. The current runs strongly against Congress, and in a great measure for want of information. When facts are explained they make an impression, and incline to conclusions more favorable to us.

I have no copy of the Reports in my possession, which puts it out of my power to publish them. Will you procure and send me one without loss of time? Without appearing, I intend to give them to the public with some additional explanations. This done with moderation will no doubt have a good effect.

The prevailing idea is, that the actors in the removal of Congress were influenced by the desire of getting them out of the city, and the generality of the remainder by timidity--some say passion. Few give a more favorable interpretation.

I will thank you in your letter to me to answer the following question:

What appeared to be my ideas and disposition respecting the removal of Congress? Did I appear to wish to hasten it, or did I not rather show a strong disposition to procrastinate it?

I will be obliged to you in answering this question to do it fully. I do not intend to make any public use of it, but through my friends to vindicate myself from the insinuation I have mentioned, and in that to confute the supposition that the motive assigned did actuate the members on whom it fell to be more particularly active.

Yours, A. Hamilton.

HAMILTON TO MRS. HAMILTON.

Philadelphia, July 22, 1783.

I wrote you, my beloved Eliza, by the last post, which I hope will not meet with the fate that many others of my letters must have met with. I count upon setting out to see you in four days; but I have been so frequently disappointed by unforeseen events, that I shall not be without apprehensions of being detained, till I have begun my journey. The members of Congress are very pressing with me not to go away at this time, as the House is thin, and as the definitive treaty is momently expected.

Tell your father that Mr. Rivington, in a letter to the South Carolina delegates, has given information, coming to him from Admiral Arbuthnot, that the Mercury frigate is arrived at New-York with the definitive treaty, and that the city was to be evacuated yesterday, by the treaty.

I am strongly urged to stay a few days for the ratification of the treaty; at all events, however, I will not be long absent.

I give you joy of the happy conclusion of this important work in which your country has been engaged. Now, in a very short time, I hope we shall be happily settled in New-York.

My love to your father. Kiss my boy a thousand times.

A. Hamilton.

HAMILTON TO GOVERNOR CLINTON.

Princeton, July 27, 1783.

Sir:

A few days since I was honored with your Excellency’s letter of the ; and was glad to find your ideas on the subject corresponded with mine.

As I shall, in a day or two, take leave of Congress, I think it my duty to give my opinion to the Legislature, on a matter of importance to the State, which has been long depending, and is still without a prospect of termination in the train in which it has been placed: I mean the affair of the Grants. It is hazardous to pass a positive judgment on what will happen in a body so mutable as that of Congress; but from all I have seen, I have come to a settled opinion, that no determination will be taken and executed by them in any other manner, than in that prescribed by the Confederation. There is always such a diversity of views and interests; so many compromises to be made between different States; that, in a question of this nature, the embarrassments of which have been increased by the steps that have preceded, and in which the passions of the opposite sides have taken a warm part, decision must be the result of necessity. While Congress have a discretion, they will procrastinate: when they are bound by the Constitution, they must proceed.

It is, therefore, my opinion, that it will be advisable for the Legislature, when they meet, to review the question; and either to relinquish their pretensions to the country in dispute, or to instruct their delegates, if a decision is not had within a limited time, to declare the submission to Congress revoked, and to institute a claim according to the principles of the Confederation.

It would be out of my province to discuss which side of the alternative ought, in policy, to prevail: but I will take the liberty to observe, that if the last should be preferred, it would be expedient to remove every motive of opposition from private claims; not only by confirming, in their full latitude, previous to the trial, the possessions of the original settlers, but even the grants of the usurped government. It may happen, that it will be eventually necessary to employ force; and, in this case, it would be of great importance that neither the inhabitants of the Grants, nor powerful individuals in other States, should find their private interest in contradiction to that of the State. This has already had great influence in counteracting our wishes; would continue to throw impediments in the way of ulterior measures; and might at last kindle a serious flame between the States.

I communicated to your Excellency, in a former letter, that I had declined pressing the application of the Legislature to Congress, respecting the State troops for garrisoning the frontier posts, because temporary provision had been made in another way, which would save the State the immediate expense; and because there was a prospect of some general provision for the defence of the frontiers on a Continental establishment, which was to be preferred on every account. A report for this purpose is now before Congress; but the thinness of representation has, for some time, retarded, and still retards, its consideration.

The definitive treaty is not yet arrived; but from accounts which, though not official, appear to deserve credit, it may be daily expected. A gentleman, known and confided in, has arrived at Philadelphia, who informs, that he saw a letter from Dr. Franklin to Mr. Barkeley, telling him that the definitive treaties were signed the twenty-seventh of May, between all the parties; that New-York was to be evacuated in six months from the ratification of the preliminaries in Europe, which will be the twelfth or fifteenth of next month.

As it is not my intention to return to Congress, I take this opportunity to make my respectful acknowledgments to the Legislature, for the honorable mark of their confidence conferred upon me, by having chosen me to represent the State in that body. I shall be happy if my conduct has been agreeable to them.

With perfect respect, I have the honor to be, Your Excellency’s Most obedient servant, A. Hamilton.

To his Excellency General Washington.

CLINTON TO DUANE AND L’HOMMEDIEU.

Aug. 23, 1783.

* * * * I would take this opportunity also of calling your attention 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 favored 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 Congress for garrisoning those posts with continental troops, and that he is making arrangements for that purpose. But as you will observe, that as it was the sense of the Legislature, that those posts should have been garrisoned by the State, an explanation on the subject becomes the more necessary; and it is now for this reason alone, I would request, that you would be pleased to favor me with a particular detail of the motives which influenced the determination 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 impracticable 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 * * *

Geo. Clinton.

DUANE AND L’HOMMEDIEU TO FLOYD AND HAMILTON.

Princeton, 1783.

Honorable Gentlemen:

We inclose you an extract of Dispatches from his Excellency our Governor, received this day, respecting the instructions of the Legislature, at their last session, for the security of the Western posts.