Part 40
This day put an end to the existence of our Convention. The inclosed is a copy of the Act of Ratification. It has been followed by a number of recommendatory alterations, many of them highly objectionable. One of the most so is an article prohibiting direct taxes where effectual laws shall be passed by the States for the purpose. It was impossible to prevent this error. The minority will sign an address to the people. The genius of it is unknown to me. It is announced as an exhortation to acquiesce in the result of the Convention. Notwithstanding the fair propositions made by some, I am so uncharitable as to suspect, that the ill-will to the Constitution will produce every peaceable effort to disgrace and destroy it. Mr. Henry declared, previous to the final question, that although he should submit as a quiet citizen, he should wait with impatience for the favorable moment of regaining, in a _constitutional way_, the lost liberties of his country. My conjecture is, that exertions will be made to engage two-thirds of the legislatures in the task of regularly undermining the Government. This hint may not be unworthy of your attention.
Yours, affectionately, J. Madison, Jr.
MADISON TO HAMILTON.
June 31, 1788.
Inclosed is the final result of our conventional deliberations. The intended address of the minority proved to be of a nature apprehended by me. It was rejected by the party themselves, when proposed to them, and produced an auspicious conclusion to the business. As I shall set out in a few days for New-York, I postpone further explanations. I have this instant the communications from New Hampshire via Poughkeepsie; also, your two favors of the 19th and 20th.
Yours, affectionately, J. Madison, Jr.
HAMILTON TO MADISON.
July 8, 1788.
My Dear Sir:
I felicitate you sincerely on the event in Virginia, but my satisfaction will be allayed if I discover too much facility in the business of amendment-making. I fear the system will be wounded in some of its vital parts by too general a concurrence in some very injudicious recommendations. I allude more particularly to the power of taxation. The more I consider _requisition_ in any shape, the more I am out of humor with it. We yesterday passed through the Constitution. To-day some definitive proposition is to be brought forward, but what we are at a loss to judge. We have good reason to believe that our opponents are not agreed, and this affords some ground of hope. Different things are thought of--_conditions precedent_, or previous amendments; _conditions subsequent_, or the proposition of amendments, upon condition that if they are not adopted within a limited time, the State shall be at liberty to _withdraw_ from the Union; and lastly, _recommendatory amendments_. In either case, _constructive declarations_ will be carried as far as possible. We will go as far as we can in the latter without invalidating the act, and will concur in rational recommendations. The rest for our opponents. We are informed there has been a disturbance in the city of Albany, on the 4th of July, which has occasioned bloodshed. The Anti-federalists were the aggressors, and the Federalists the victors. Thus stand our accounts at present. We trust, however, the matter has passed over, and tranquillity been restored.
Yours, affectionately, A. Hamilton.
HAMILTON TO MADISON.
Poughkeepsie, Saturday, July, 1788.
I thank you, my dear sir, for yours by the post. Yesterday, I communicated to Duer our situation, which I presume he will have communicated to you. It remains exactly the same. No further question having been taken, I fear the footing I mentioned to Duer is the best upon which it can be placed; but every thing possible will yet be attempted to bring the party from that stand to an unqualified ratification. Let me know your idea upon the possibility of our being received on that plan. You will understand that the only qualification will be the _reservation_ of a right to recede, in case our amendments have not been decided upon in one of the modes pointed out by the Constitution within a certain number of years, perhaps five or seven. If this can in the first instance be admitted as a ratification, I do not fear any further consequences. Congress will, I presume, recommend certain amendments to render the _structure_ of the Government more secure. This will satisfy the more considerate and honest opposers of the Constitution, and with the aid of them will break up the party.
Yours, affectionately, A. Hamilton.
MADISON TO HAMILTON.
New-York, Sunday evening.
My Dear Sir:
Yours, of yesterday, is this instant come to hand, and I have but a few minutes to answer it. I am sorry that your situation obliges you to listen to propositions of the nature you describe. My opinion is, that a reservation of a right to withdraw, if amendments be not decided on under the form of the Constitution within a certain time, is a _conditional_ ratification; that it does not make New-York a member of the new Union, and consequently that she could not be received on that plan. Compacts must be reciprocal--this principle would not in such a case be preserved. The Constitution requires an adoption _in toto_ and _for ever_. It has been so adopted by the other States. An adoption for a limited time would be as defective as an adoption of some of the articles only. In short, any _condition_ whatever must vitiate the ratification. What the new Congress, by virtue of the power to admit new States, may be _able_ and disposed to do in such case, I do not inquire, as I suppose that is not the material point at present. I have not a moment to add more than my fervent wishes for your success and happiness. The idea of reserving a right to withdraw was started at Richmond, and considered as a conditional ratification, which was itself abandoned as worse than a rejection.
Yours, James Madison, Jr.
CHIPMAN TO HAMILTON.
Tinmouth, July 14, 1788.
Sir:
Your character as a federalist has induced me, although, personally unknown to you, to address you on a subject of very great importance to the State of Vermont, of which I am a citizen, and from which I think may be derived a considerable advantage to the federal cause. Ten States have now adopted the new federal plan of government. That it will now succeed is beyond a doubt; what disputes the other States may occasion I know not. The people of this State, could certain obstacles be removed, I believe, might be induced almost unanimously to throw themselves into the federal scale. You are not unacquainted with the situation of a considerable part of our landed property. Many grants were formerly made by the government of New-York, of lands within this territory while under that jurisdiction. On the assumption of government by the people of this State, the same lands, partly, it is said, for want of information respecting the true situation of these grants, and partly from the opinion prevailing with our then leaders, that the New-York grants within this territory were of no validity, have been granted to others under the authority of this State.
It is now generally believed that, should we be received into the Union, the New-York grants would, in the federal courts, be preferred to those of Vermont. The Legislature of this State have in some instances made a compensation to the grantees under New-York, and I am persuaded, were it in their power, would gladly do the same for others, but they are possessed of no more land for that purpose. For these reasons, I presume no others, the Governor and some few gentlemen deeply interested in those lands under Vermont, have expressed themselves somewhat bitterly against the new federal plan of government. Indeed, were we to be admitted unconditionally it would introduce much confusion. Now, sir, permit me to ask whether you do not think it probable that the federal legislature, when formed, might, on our accession, be induced on some terms to make a compensation to the New-York grantees out of their western land? And whether those grantees might not be induced to accept of such compensation? Let me further suggest whether it might be favorable for Vermont to make some of those amendments, which have been proposed by several States, and which, I think, are generally within the power of the federal legislature, the basis of her admission. Could the difficulties I have mentioned be removed, all interest in opposition could here be reconciled. The idea of procuring justice to be done those whom we had perhaps injured by our too precipitate measures, and of being connected with a Government which promises to be efficient, permanent, and honorable, would, I am persuaded, produce the greatest unanimity on the subject. If you think these matters worthy the attention of the friends of the Confederacy, be good enough to write me by my brother, who will be the bearer of this.
Our Legislature will meet in October, when these matters will be taken up seriously. Several gentlemen of my acquaintance, who are men of influence, and will be members of the Legislature, have requested me to procure all the information in my power on this subject. Any thing you may communicate to me in confidence will be sacredly attended to, of which Mr. Kelly, who writes by the same opportunity, will give you the fullest assurance.
I am, Sir, with sentiments of esteem, Your most obedient servant, Nathaniel Chipman.
Alex. Hamilton, Esq.
HAMILTON TO CHIPMAN.
Poughkeepsie, July 22, 1788.
Sir:
Your brother delivered me your favor, which I received with pleasure, as the basis of a correspondence that may be productive of public good. The accession of Vermont to the Confederacy is, doubtless, an object of great importance to the whole; and it appears to me that this is the favorable moment for effecting it upon the best terms for all concerned. Besides more general reasons, there are circumstances of the moment which will forward a proper arrangement. One of the first subjects of deliberation with the new Congress will be the independence of Kentucky, for which the Southern States will be anxious. The Northern will be glad to send a counterpoise in Vermont. These mutual interests and inclinations will facilitate a proper result.
I see nothing that can stand in your way but the interfering claims under the grants of New-York. As to taxation, the natural operation of the new system will place you exactly where you might wish to be. The public debt, as far as it can prudently be provided for, will be by the Western lands and the appropriation of some general fund. _There will be no distribution of it to particular parts of the community._ The fund will be sought for in indirect taxation; as for a number of years, and except in time of war, direct taxes would be an impolitic measure. Hence, as you can have no objection to your proportion of contribution as consumers, you can fear nothing from the article of taxation.
I readily conceive that it will hardly be practicable to you to come into the Union unless you are secured from claims under New-York grants. Upon the whole, therefore, I think it will be expedient for you, as early as possible, to ratify the Constitution, “upon condition that Congress shall provide for the extinguishment of all existing claims to land under grants of the State of New-York, which may interfere with claims under the grants of the State of Vermont.” You will do well to conform your boundary to that heretofore marked out by Congress, otherwise insuperable difficulties would be likely to arise with this State.
I should think it altogether unadvisable to annex any other conditions to your ratification; for there is scarcely any of the amendments proposed that will not have a party opposed to it, and there are several that will meet with a very strong opposition; and it would, therefore, be highly inexpedient for you to embarrass your main object by any collateral difficulties.
As I write in Convention, I have it not in my power to enlarge. You will perceive my general ideas on the subject. I will only add, that it will be wise to lay as little impediment as possible in the way of your reception into the Union.
A. Hamilton.
HAMILTON TO MADISON.
Poughkeepsie, July 22, 1788.
My Dear Sir:
I wrote to you by the last post, since which nothing material has turned up here. We are debating on amendments without having decided what is to be done with them. There is so great a diversity in the views of our opponents that it is impossible to predict any thing. Upon the whole, however, our fears diminish.
Yours affectionately, A. Hamilton.
James Madison, jr., New-York.
HAMILTON TO SAMUEL BROOME.
New-York, Aug. 6, 1788.
My Dear Sir:
I have this moment received your letter of the thirteenth ultimo, and am sorry that the rules of propriety in respect to my situation, as a member of Congress, will not permit my acting in the capacity you wish.
My situation for some time past has prevented my acknowledging one or two of your favors, which have been duly handed to me. I recollect that one of them contains an inquiry concerning your son, to which you will naturally desire an answer. My public avocations, for some time past, have put it out of my power to ascertain the progress he has made; though I expect, when I shall be enough disengaged to examine, to find it a good one. It cannot fail to be so, if his diligence has been equal to his capacity. I shall shortly write you further on the subject.
With great esteem, I remain, Sir, Your obedient servant, A. Hamilton.
Mr. Samuel Broome.
HAMILTON TO WASHINGTON.
New-York, August 18, 1788.
Sir:
Captain Cochran of the British navy has requested my aid in recovering a family watch in the possession of ----. In compliance with his request, I have written the letter herewith (to ---- ----), which I take the liberty to convey through you, in hope that if you see no impropriety in it, you would add your influence to the endeavor to gratify Captain Cochran. It is one of those things in which the affections are apt to be interested beyond the value of the object, and in which one naturally feels an inclination to oblige.
I have delivered to Mr. Madison, to be forwarded to you, a set of the papers under the signature of Publius, neatly enough bound to be honored with a place in your library. I presume you have understood that the writers of these papers are chiefly Mr. Madison and myself, with some aid from Mr. Jay.
I take it for granted, sir, you have concluded to comply with what will no doubt be the general call of your country in relation to the new Government. You will permit me to say that it is indispensable you should lend yourself to its first operations. It is of little purpose to have _introduced_ a system, if the weightiest influence is not given to its firm _establishment_ in the outset.
I remain with the greatest esteem, Your obedient and humble servant, A. Hamilton.
General Washington.
HAMILTON TO GOVERNOR LIVINGSTON.
New-York, August 29, 1788.
Dear Sir:
We are informed here, that there is some probability that your Legislature will instruct your delegates to vote for Philadelphia as the place of the meeting of the first Congress under the new Government. I presume this information can hardly be well founded, as upon my calculations, there is not a State in the Union so much interested in having the temporary residence at New-York, as New Jersey.
As between Philadelphia and New-York, I am mistaken if a greater proportion of your State will not be benefited by having the seat of government at the latter than the former place.
If at the latter, too, its exposed and eccentric position will necessitate the early establishment of a permanent seat, and in passing south, it is highly probable the Government would light upon the Delaware in New Jersey. The Northern States do not wish to increase Pennsylvania, by an accession of all the wealth and population of the Federal City. Pennsylvania, herself, when not seduced by _immediate possession_, will be glad to concur in a situation on the Jersey side of the Delaware. Here are at once a majority of the States; but place the Government once down in Pennsylvania, Pennsylvania will, of course, hold fast; the State of Delaware will do the same.
All the States south, looking forward to the time, when the balance of population will enable them to carry the Government further south (say to the Potomac), and being accommodated in the mean time as well as they wish, will concur in no change. The Government, from the delay, will take root in Philadelphia, and Jersey will lose all prospect of the Federal City within her limits.
These appear to me calculations so obvious, that I cannot persuade myself New Jersey will so much _oversee_ her interest as to fall, in the present instance, into the snares of Pennsylvania.
With the sincerest respect and regard, I remain, dear Sir, Your obedient servant, A. Hamilton.
CHIPMAN TO HAMILTON.
Newfane, Sept. 6, 1788.
Sir:
I have received by Capt. Ville, your favor of the 22d of July. Since I wrote you, I have had an opportunity of conversing with his Excellency, the Governor, and most of the council, on the subject of Vermont’s accession to the Confederacy. They generally agree, that the terms suggested are good; that it will be highly the interest of Vermont to accede; and that the present is likely to be a favorable crisis. But it is a question whether we ought to make any propositions to the present Congress, or prepare matters, and wait the new arrangement. Vermont will not make a point of introducing any amendments. We shall not be the first to feel the inconveniences, if any should arise, from the exercise of the new federal powers. For myself, I readily conceive, that direct taxation, under the new system, will be very inconsiderable during the continuance of peace; yet I find an exemption from the expenses of the late war will have with the citizens of this State a very powerful effect in producing unanimity on the subject of a Union.
But I hope this matter will in some way be compromised. If, sir, you have any thing to suggest on this subject, that may promote the public good, I should be very happy in the communication, previous to the session of Assembly in October next. The choice of representatives, which was on Tuesday last, has, as far as I have heard, succeeded favorably. Mr. Kelly, who is so obliging as to take charge of this letter, will be able to give you a more particular account than can be done in this way, as he has conversed largely with the Governor, Council, and other persons of influence, with whom he has great weight.
I am, Sir, With much esteem and respect, Your most obedient servant, Nathl. Chipman.
A. Hamilton, Esq.
HAMILTON TO WASHINGTON.
New-York, September, 1788.
Dear Sir:
Your Excellency’s friendly and obliging letter of the 28th ultimo, came safely to hand. I thank you for your assurance of seconding my application to General ----. The truth of that affair is, that he purchased the watch for a trifle of a British soldier, who plundered Major Cochran, at the moment of his fall, at Yorktown.
I should be deeply pained, my dear sir, if your scruples in regard to a certain station, should be matured into a resolution to decline it; though I am neither surprised at their existence, nor can I but agree in opinion, that the caution you observe, in deferring an ultimate determination, is prudent. I have, however, reflected maturely on the subject, and have come to a conclusion (in which I feel no hesitation), that every public and personal consideration will demand from you an acquiescence in what will _certainly_ be the unanimous wish of your country. The absolute retreat which you meditated at the close of the late war was natural, and proper. Had the Government produced by the revolution, gone on in a _tolerable_ train, it would have been most advisable to have persisted in that retreat. But I am clearly of opinion, that the crisis which brought you again into public view, left you no alternative but to comply; and I am equally clear in the opinion, that you are by that act _pledged_ to take a part in the execution of the Government. I am not less convinced, that the impression of this necessity of your filling the station in question, is so universal, that you run no risk of any uncandid imputation by submitting to it. But even if this were not the case, a regard to your own reputation, as well as to the public good, calls upon you in the strongest manner, to run that risk.
It cannot be considered as a compliment to say, that on your acceptance of the office of President, the success of the new Government, in its commencement, may materially depend. Your agency and influence will be not less important in preserving it from the future attacks of its enemies, than they have been in recommending it in the first instance, to the adoption of the people. Independent of all considerations drawn from this source, the point of light in which you stand at home and abroad, will make an infinite difference in the respectability with which the Government will begin its operations, in the alternative of your being or not being at the head of it. I forbear to urge considerations which might have a more personal application. What I have said will suffice for the inferences I mean to draw.
First. In a matter so essential to the well-being of society, as the prosperity of a newly instituted government, a citizen of so much consequence as yourself to its success, has no option but to lend his services if called for. Permit me to say, it would be inglorious, in such a situation, not to hazard the glory, however great, which he might have previously acquired.
Secondly. Your signature to the proposed system, pledges your judgment for its being such an one as, upon the whole, was worthy of the public approbation. If it should miscarry (as men commonly decide from success, or the want of it), the blame will, in all probability, be laid on the system itself; and the framers of it will have to encounter the disrepute of having brought about a revolution in government, without substituting any thing that was worthy of the effort. They pulled down one Utopia, it will be said, to build up another. This view of the subject, if I mistake not, my dear sir, will suggest to your mind greater hazard to that fame, which must be and ought to be dear to you, in refusing your future aid to the system, than in affording it. I will only add, that in my estimate of the matter, that aid is indispensable.
I have taken the liberty to express these sentiments, and to lay before you my view of the subject. I doubt not the considerations mentioned, have fully occurred to you, and I trust they will finally produce in your mind the same result which exists in mine. I flatter myself, the frankness with which I have delivered myself will not be displeasing to you. It has been prompted by motives which you would not disapprove.
I remain, my dear Sir, With the sincerest respect and regard, Your obedient and humble servant, A. Hamilton.
STEUBEN TO HAMILTON.