Part 39
The new constitution has, as the public prints will have informed you, been handed to the people of this State by a unanimous vote of the Assembly, but it is not to be inferred from hence that its opponents are silenced. On the contrary there are many, and some powerful ones--some of whom, it is said, by _overshooting_ the mark, have lessened their weight; be this as it may, their assiduity stands unrivalled, whilst the friends to the constitution content themselves with barely avowing their approbation of it. Thus stands the matter with us at present, yet my opinion is that the major voice is favorable.
Application has been made to me by Mr. Secretary Thompson (by order of Congress), for a copy of the report of a committee, which was appointed to confer with the Baron De Steuben, on his first arrival in this country, forwarded to me by Mr. President Laurens. This I have accordingly sent. It throws no other light on the subject than such as is to be derived from the disinterested conduct of the Baron. No terms are made by him, “nor will he accept of any thing but with general approbation.” I have, however, in my letter inclosing this report to the Secretary, taken occasion to express an unequivocal wish that Congress would reward the Baron for his services, sacrifices, and merits, to his entire satisfaction. It is the only way in which I could bring my sentiments before that honorable body, as it has been an established principle with me, to ask nothing from it.
With very great esteem and regard, I am, dear Sir, Your most obedient servant, G. Washington.
HAMILTON TO JAMES MADISON, JUNR.
New-York, April 3, 1788.
I have been very delinquent, my dear sir, in not thanking you for your letter from Philadelphia. The remarks you made on a certain subject are important, and will be attended to.
There is truly much embarrassment in the case.
I think, however, the principles we have talked of, are not only just, but will apply to the other departments. Nor will the consequences appear so disagreeable as they may seem at first sight, when we attend to the true import of the rule established. The States _retain_ all the authorities they were before possessed of, not alienated in the three modes pointed out; but this does not include cases which are the creatures of the new Constitution. For instance, the crime of treason against the United States _immediately_ is a crime known only to the new Constitution. There of course _was_ no power in the State constitutions to pardon that crime. There will therefore be none under the new, &c. This is something like, it seems to me, to afford the best solution of the difficulty. I send you the Federalist from the beginning to the conclusion of the commentary on the Executive Branch. If our suspicions of the author be right, he must be too much engaged to make a rapid progress in what remains. The Court of Chancery and a Circuit Court are now sitting.
We are told that your election has succeeded, with which we all felicitate ourselves. I will thank you for an account of the result generally. In this State our prospects are much as you left them. A moot point which side will prevail. Our friends to the northward are
## active.
I remain, Your affectionate obedient servant, A. Hamilton.
HAMILTON TO MADISON.
May 4, 1788.
My Dear Sir:
I believe I am in your debt a letter or two, which is owing to my occupation in relation to the elections, &c.
These are now over in this State, but the result is not known. All depends upon Albany, where both sides claim the victory. Our doubts will not be removed till the latter end of the month. I hope your expectations of Virginia have not diminished.
Respecting the first volume of Publius I have executed your commands. The books have been sent addressed to the care of Governor Randolph. The second, we are informed, will be out in the course of a week, and an equal number shall be forwarded. Inclosed is a letter, committed to my care by Mr. Vanderkemp, which I forward with pleasure.
Believe me, with great attachment, Yours, A. Hamilton.
HAMILTON TO GOUVERNEUR MORRIS.
New-York, May 19, 1788.
My Dear Sir:
I acknowledge my delinquency in not thanking you before for your obliging letter from Richmond. But the truth is, that I have been so overwhelmed in avocations of one kind or another, that I have scarcely had a moment to spare to a friend. You, I trust, will be the less disposed to be inexorable, as I hope you will believe there is no one for whom I have more inclination than yourself--I mean of the _male_ kind.
Your account of the situation of Virginia was interesting, and the present appearances, as represented here, justify your conjectures. It does not, however, appear that the adoption of the constitution can be considered as out of doubt in that State. Its conduct upon the occasion will certainly be of critical importance.
In this State, as far as we can judge, the elections have gone wrong. The event, however, will not certainly be known till the end of the month. Violence, rather than moderation, is to be looked for from the opposite party. Obstinacy seems the prevailing trait in the character of its leader. The language is, that if all the other States adopt, this is to persist in refusing the constitution. It is reduced to a certainty, that Clinton has in several conversations declared the _Union_ unnecessary; though I have the information through channels which do not permit a public use to be made of it.
We have, notwithstanding this unfavorable complexion of things, two sources of hope--one, the chance of a ratification by nine States, before we decide, and the influence of this upon the firmness of the _followers_; the other, the probability of a change of sentiment in the people, auspicious to the Constitution.
The current has been for some time running towards it; though the whole flood of official influence, accelerated by a torrent of falsehood, early gave the public opinion so violent a direction in a wrong channel, that it was not possible suddenly to alter its course. This is a mighty stiff simile; but you know what I mean; and after having started it, I did not choose to give up the chase.
Adieu. Yours sincerely, A. Hamilton.
The members of the Convention in this city, by a majority of nine or ten to one, will be:--John Jay, Robert R. Livingston, Richard Morris, John Sloss Hobart, James Duane, Isaac Rosevelt, Richard Harrison, Nicholas Low, Alexander Hamilton.
G. Morris, Esq.
HAMILTON TO MADISON.
New-York, May 19, 1788.
Some days since, I wrote to you, my dear sir, inclosing a letter from a Mr. Vanderkemp, &c.
I then mentioned to you that the question of a majority for or against the Constitution, would depend upon the County of Albany. By the later accounts from that quarter, I fear much that the issue there has been against us.
As Clinton is truly the leader of his party, and is inflexibly obstinate, I count little on overcoming opposition by reason. Our only chances will be the previous ratification by nine States, which may shake the firmness of his followers; and a change in the sentiments of the people, which have, for some time, been travelling towards the Constitution, though the first impressions, made by every species of influence and artifice, were too strong to be eradicated in time to give a decisive turn to the elections. We shall leave nothing undone to cultivate a favorable disposition in the citizens at large.
The language of the Anti-federalists is, that if all the other States adopt, New-York ought still to hold out. I have the most direct intelligence, but in a manner which forbids a public use being made of it, that Clinton has, in several conversations, declared his opinion of the _inutility_ of the Union. It is an unhappy reflection, that the friends to it should, by quarrelling for straws among themselves, promote the designs of its adversaries. We think here that the situation of your State is critical. Let me know what you now think of it. I believe you meet nearly at the time we do. It will be of vast importance that an exact communication should be kept up between us at that period; and the moment _any decisive_ question is taken, if favorable, I request you to dispatch an express to me with pointed orders to make all possible diligence, by changing horses, &c. All expense shall be thankfully and liberally paid. I executed your commands respecting the first volume of the Federalist. I sent forty of the common copies and twelve of the finer ones, addressed to the care of Governor Randolph. The printer announces the second volume in a day or two, when an equal number of the two kinds shall also be forwarded. He informs that the Judicial Department--Trial by Jury--Bill of Rights, &c., is discussed in some additional papers which have not yet appeared in the Gazettes.
I remain, With great sincerity and attachment, Yours, A. Hamilton.
James Madison.
HAMILTON TO MADISON.
New-York, June 8, 1788.
My Dear Sir:
In my last, I think, I informed you that the elections had turned out, beyond expectation, favorable to the Anti-federal party. They have a majority of two-thirds in the Convention, and, according to the best estimate I can form, of about four-sevenths in the community. The views of the leaders in this city are pretty well ascertained to be turned towards a _long_ adjournment; say, till next spring or summer. Their incautious ones observe, that this will give an opportunity to the State to _see how_ the government works, and to act according to _circumstances_.
My reasonings on the fact are to this effect: The leaders of the party hostile to the Constitution are equally hostile to the Union. They are, however, afraid to reject the Constitution at once, because that step would bring matters to a crisis between this State and the States which had adopted the Constitution, and between the parties in the State. A separation of the Southern District from the other parts of the State, it is perceived, would become the object of the Federalists, and of the neighboring States. They therefore resolve upon a long adjournment, as the safest and most artful course to effect their final purpose. They suppose, that when the Government gets into operation, it will be obliged to take some steps in respect to revenue, &c., which will furnish topics of declamation to its enemies in the several States, and will strengthen the minorities. If any considerable discontent should show itself, they will stand ready to head the opposition. If, on the contrary, the thing should go on smoothly, and the sentiments of our own people should change, they can elect to come into the Union. They at all events take the chances of time and the chapter of accidents.
How far their friends in the country will go with them, I am not able to say, but, as they have always been found very obsequious, we have little reason to calculate upon an uncompliant temper in the present instance. For my own part, the more I can penetrate the views of the Anti-federal party in this State, the more I dread the consequences of the non-adoption of the Constitution by any of the other States--the more I fear an eventual disunion, and civil war. God grant that Virginia may accede. The example will have a vast influence on our politics. New Hampshire, all accounts give us to expect, will be an assenting State.
The number of the volumes of the Federalist which you desired, have been forwarded, as well the second as the first, to the care of Governor Randolph. It was impossible to correct a certain error.
In a former letter, I requested you to communicate to me, by express, the event of any decisive question in favor of the Constitution, authorizing changes of horses, &c., with an assurance to the person that he will be liberally paid for his diligence.
A. Hamilton.
James Madison.
MADISON TO HAMILTON.
Richmond, June 9, 1788.
Dear Sir:
The heat of the weather, &c., has laid me up with a bilious attack: I am not able, therefore, to say more than a few words.
No material indications have taken place since my last. The chance at present seems to be in our favor. But it is possible things may take another turn. Oswald of Philadelphia came here on Saturday; and has closet interviews with the leaders of the opposition.
Yours, affectionately, J. Madison.
Alex. Hamilton, Esq.
RUFUS KING TO HAMILTON.
Boston, June 12, 1788.
Dear Sir:
I have made an arrangement to forward by express the result of the Convention of New Hampshire to Springfield, in this State, from which place Gen. Knox has engaged a conveyance to you at Poughkeepsie. Those who are best informed of the situation of the question, in New Hampshire, are positive that the decision will be such as we wish, and from the particular parts which I have heard, I can entertain no fear of a disappointment from that quarter. The accession of New Hampshire will present the subject to your Convention in a new, and indeed, an extraordinary light. I think your opponents, powerful as they may be, will be greatly perplexed, although they may outnumber you, and a small majority of the people of the State may be on their side, yet I cannot think they will have the hardiness to negative the question.
You may pronounce, with the utmost confidence, that the decision of our Convention has proved entirely satisfactory to our people. I have made a business of conversing with men from all parts of the State, and am completely satisfied that the Constitution is highly popular; that its opponents are now very few, and those few hourly diminishing. Be assured that the organization of the Government (by _nine States_, is considered as certain), although a subject of delicacy, is most earnestly desired, and from the conversation of both yeoman and politician, I am persuaded, that the people of Massachusetts are sufficiently mature and firm, to execute, so far as depends on them, what shall be proper as good subjects of the new Government.
Farewell. Yours, &c., Rufus King.
Col. A. Hamilton.
Pray mention to Knox that I should have written to him had I not supposed him on his way here.
MADISON TO HAMILTON.
Richmond, June 16, 1788.
Dear Sir:
Yours of the 8th has just come to hand. I mentioned in my last that Oswald had been here in consultation with the Anti-federal leaders. The contents of your letter confirm the idea that a requisition for delay is on foot between the opposition here and with you. We have conjectured for some days, that the policy is to spin out the session, in order to receive overtures from your Convention; or, if that cannot be, to weary the members into an adjournment, without taking any decision. It is presumed, at the same time, that they do not despair of carrying the point of previous amendments, which is preferable game. The parties continue to be nearly balanced. If we have a majority at all, it does not exceed three or four. If we lose it, Kentucke will be the cause; they are generally, if not unanimously against us.
I have been partially recovered since my last, but to-day have a sort of relapse. My health is not good, and the business is wearisome beyond expression. I wish you every happiness, and
Am yours, J. Madison, Jr.
H. LEE TO HAMILTON.
1788.
My Dear Sir:
God bless you and your efforts to save me from the manifold ---- misfortunes which have and continue to oppress me, whenever I attempt to aid human nature. You will do what you think best, and whatever you do I will confirm. * * * * has acted the part of a decided rascal, and if I fail in my right, I may not in personal revenge.
Our Convention is in full debate on the great business of the Federal Constitution. We possess, as yet, in defiance of great overtures, a majority, but very small indeed.
A correspondence has certainly been opened through a Mr. O. of Philadelphia, from the malcontents of P. and N. Y. to us. It has its operation, but I believe we are still safe, unless the question of adjournment be introduced, and love of home may induce some of our friends to abandon their principles.
Adieu, H. Lee.
MADISON TO HAMILTON.
Richmond, June 20, 1788.
Dear Sir:
Our debates have advanced as far as the judiciary department, against which a great effort is making. The appellate cognizance of fact, and an extension of the power to causes between citizens of different States, with some lesser objections, are the topics chiefly dwelt on. The retrospection to cases antecedent to the Constitution, such as British debts, and an apprehended revival of the Fairfax, Indiana, Vandalia, &c., claims, are also brought into view in all the terrific colors which imagination can give them. A few days more will probably produce a decision, though it is surmised, that something is expected from your Convention in consequence of the mission formerly suggested to you. Delay and an adjournment will be tried, if the adverse party find their numbers inferior, and can prevail on themselves to remain here till the other side can be wearied into that mode of relieving themselves. At present, it is calculated, that we still retain a majority of three or four; and if we can weather the storm against the part under consideration, I shall hold the danger to be pretty well over. There is nevertheless a very disagreeable uncertainty in the case; and the more so, as there is a possibility that our present strength may be miscalculated.
Yours, affectionately, J. Madison, Jr.
HAMILTON TO MADISON.
Poughkeepsie, June, 1788.
Dear Sir:
Your letter of the 20th came to hand two days since. I regret that your prospects are not yet reduced to greater certainty. There is more and more reason to believe that our conduct will be influenced by yours.
Our discussions have not yet travelled beyond the power of taxation. To-day we shall probably quit this ground to pass to another. Our arguments confound, but do not convince. Some of the leaders, however, appear to be convinced by _circumstances_, and to be desirous of a retreat. This does not apply to the chief, who wishes to establish Clintonism on the basis of Anti-federalism.
I remain affectionately yours, A. Hamilton.
HAMILTON TO MADISON.
Poughkeepsie, June 21, 1788.
Yesterday, my dear sir, the Convention made a House. That day and this have been spent in preliminary arrangements. To-morrow, we go into a committee of the whole on the Constitution. There is every appearance that a full discussion will take place, which will keep us together at least a fortnight. It is not easy to conjecture what will be the result. Our adversaries greatly outnumber us. The leaders gave indications of a pretty desperate disposition in private conversations previous to the meeting; but I imagine the minor partisans have their scruples, and an air of moderation is now assumed. So far the thing is not despaired of. A happy issue with you must have considerable influence upon us. I have time to add nothing more than the assurances of my sincere attachment.
A. Hamilton.
HAMILTON TO MADISON.
Poughkeepsie, June 21, 1788.
My Dear Sir:
I thank you for your letter of the 9th instant, and am glad to learn that you think the chance is in your favor. I hope no disagreeable change may appear. Yet, I own I fear something from your indisposition.
Our debate here began on the clause respecting the proportion of representation, &c., which has taken up two days. To-morrow, I imagine, we shall talk about the power over elections. The only good information I can give you is, that we shall be some time together, and take the chance of events.
The object of the party at present is undoubtedly conditional amendments. What effect events may have cannot precisely be foreseen. I believe the adoption by New Hampshire is certain.
Yours, affectionately, A. Hamilton.
MADISON TO HAMILTON.
Richmond, June 22, 1788.
Dear Sir:
The Judiciary Department has been on the anvil for several days, and I presume will still be a further subject of disquisition. The attacks on it have apparently made less impression than was feared. But they may be secretly felt by particular interests that could not make the acknowledgment, and we choose to ground their vote against the Constitution in other motives. In the course of this week we hope for a close of the business in some form or other. The opponents will probably bring forward a bill of rights, with sundry other amendments, as conditions of ratification. Should these fail, or be despaired of, an adjournment will, I think, be attempted. And in case of disappointment here also, some predict a secession. I do not myself concur in the last apprehension, though I have thought it prudent to withhold, by a studied fairness in every step on the side of the Constitution, every pretext for rash experiments. The plan meditated by the friends of the Constitution is to preface the ratification with some plain and general truths that cannot affect the validity of the act, and to subjoin a recommendation, which may hold up amendments as objects to be pursued in the constitutional mode. These expedients are rendered prudent by the nice balance of numbers, and the scruples entertained by some who are in general well affected. Whether they will secure us a majority, I dare not positively to declare. Our calculations promise us success by three or four, or possibly five or six votes. But were there no possibility of mistaking the opinions of some, in reviewing those of so many, the smallness of the majority suggests the danger from ordinary casualties, which may vary the result. It unluckily happens that our legislature, which meets at this place to-morrow, consists of a considerable majority of Anti-federal members. This is another circumstance that ought to check our confidence. As individuals they may have some influence; and, as coming immediately from the people at large, they can give any color they please to the popular sentiments at this moment, and may in that mode throw a bias on the representatives of the people in Convention.
Yours, affectionately, J. Madison, Jr.
HAMILTON TO MADISON.
Poughkeepsie, Friday morning, June 27, 1788.
A day or two ago, General Schuyler, at my request, sent forward to you an express with an account of the adoption of the Constitution by New Hampshire. We eagerly wait for further intelligence from you, as our chance of success depends upon you. There are some slight symptoms of relaxation in some of the leaders, which authorizes a gleam of hope, if you do well, but certainly I think not otherwise.
A. Hamilton.
To Hon. James Madison, Jr.
MADISON TO HAMILTON.
Richmond, June 27, 1788.
My Dear Sir: