51New York Ratifying Convention. Third Speech of June 28 (Francis Childs’s Version), [28 June 1788] (Hamilton Papers)
Mr. Hamilton . The honorable gentleman from Ulster has given a turn to the introduction of those papers, which was never in our contemplation. He seems to insinuate that they were brought forward, with a view of shewing an inconsistency in the conduct of some gentlemen—perhaps of himself. Sir, the exhibition of them had a very different object. It was to prove that this state once experienced...
52New York Ratifying Convention. Third Speech of June 28 (John McKesson’s Version), [28 June 1788] (Hamilton Papers)
These Resolutions were introduced to shew that it was the settled opinion of the Legislature as well before as after the Confederation that the Powers of Congress were inadequate— Mentioning the Subject of a Dictator was not necessary— The Gent. says he is for an energetic fœderal Govt —what is it If what we Contend for by this System A Measure of Impost was once passed in this State—but...
53New York Ratifying Convention. Third Speech of June 28 (Melancton Smith’s Version), [28 June 1788] (Hamilton Papers)
The Gent. of Ulster seems to suspect ⟨ags.⟩ were intrd. to shew inconsisty. The papers read, to prove the distress ys. State suffered. The inefficacy of Requisn.—the sentt. of ye Legislar—Dictator ye ebullition of ardent What is energetic fedl. govt—one operatg. on States or individs. Impost once passed—then repeald, afterwds. defeated—his opn. always for it—takes it for granted—but opposed in...
54New York Ratifying Convention. Fourth Speech of June 28 (Newspaper Account), [28 June 1788] (Hamilton Papers)
A letter of the 1st inst. says, “That on Saturday the 28th ult. the Convention were still discussing the 1st clause of the 8th section of the 1st article, respecting the powers of Congress. Objections were at large stated, and amendments proposed by Mr. Williams, Mr. Smith and Mr. Lansing, who were answered by Mr. Hamilton in a most animated and powerful defence of the clause. Mr. Lansing in...
55New York Ratifying Convention. Fourth Speech of June 28 (John McKesson’s Version), [28 June 1788] (Hamilton Papers)
Mr. Hamilton—There would be a rivalship of Power—That the danger was that the State Govts. would Subvert the National Government It was not the prevailing opinion that the State Govts would be subverted. —He says that I tho’t the Subversion of the State Govt necessary— I wished to have an Extensive State Govt. but advanced as a reason Reason that the State Governmts. should carry Govts. Home...
56To Alexander Hamilton from James Madison, [30 June 1788] (Hamilton Papers)
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 N. York, I postpone further explanations. I have this instant the communications from N....
57New York Ratifying Convention. Remarks (Newspaper Account), [30 June 1788] (Hamilton Papers)
On Monday Mr. Yates was again called upon by Mr. Lansing for his evidence; to which Mr. Hamilton freely submitted. Mr. Yates made an apology for the possible mistakes of his minutes, and said that in the General Convention, Mr. Hamilton had urged strongly for giving the most compleat sovereignty to Congress, and that in order to prevent the encroachments which he feared the State governments...
58New York Ratifying Convention. Remarks (John McKesson’s Version), [30 June 1788] (Hamilton Papers)
Mr. Lansing stated the differences between him & Mr. Hamilton on Saturday— Mr. Hamilton stated the sentimts. he had held forth— And denied that he ever was for Subverting the State Govts. or reducing them to the State of Corporations— Mr. Lansing—The Question is what were the Sentimts. the Honoble. Gent maintained. The Idea he held up was it necessary to reduce the State Govts. to the...
59From Alexander Hamilton to James Madison, [2 July 1788] (Hamilton Papers)
Your letter of the 20th. came to hand two days since. I regret that your prospects were 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...
60New York Ratifying Convention. First Speech of July 2 (John McKesson’s Version), [2 July 1788] (Hamilton Papers)
Loans in Time of Peace peculiar to our Govt. because made thro Necessity— The Inconvenience of being in Debt is a sufficient restriction— If I was reason I would The Only Method of preventing Loans to an improper Degree [is to] give them all the Resources of the Country that they may be able by their Own Efforts to avoid the Necessity of Loans— Neither should their Power be restrained— When...
61New York Ratifying Convention. First Speech of July 2 (Melancton Smith’s Version), [2 July 1788] (Hamilton Papers)
Mr. Hamilton—The Gentn. states, the danger of making Loans in extreme—no Instances to prove. A nation will seldom make them unless necessary. Rarely happens that Nations in peace ours ⟨–⟩ singular instance— To prevent Loans, is to give them ye commd. of all their resources. The Gentn. think it necessary to lay checks—he reasons diff—no Checks should be laid, in order to guard against foreign...
62New York Ratifying Convention. Second Speech of July 2 (John McKesson’s Version), [2 July 1788] (Hamilton Papers)
The Gent says if they are disinclined to a War they will clogg it agreed —but his Amendment is to encrease their Power If the President interposes Objections from Local Views it is an evill which can only be remedied by ⅔ds— The Gent would have 2/3ds in all Cases—This encreases the Evil— The fisheries are claimed by France England & the Eastern States The Navigation of the Mississippi Our...
63New York Ratifying Convention. Second Speech of July 2 (Melancton Smith’s Version), [2 July 1788] (Hamilton Papers)
Mr Hamilton sd. If the States are not united, therefore necessary to clog it—concludes the other way. The major Interests, ought always to govern. If it shd. become a steady principle, not to make war for rights, soon have no rights. Melancton Smith MS Notes, from the original in the New York State Library, Albany. See “New York Ratifying Convention. Introductory Note,” June 17–July 26, 1788 .
64New York Ratifying Convention. Third Speech of July 2 (John McKesson’s Version), [2 July 1788] (Hamilton Papers)
Mr. Hamilton—I add to enforce the Ideas of the member who spoke last The Gent from Dutchess says it is less dangerous to grant power to restrain an Act than a power to do Here the Power to restrain is as dangerous as to do an Act—The Power to restrain here is to restrain you from your defence— The Gentleman contends that there may be corruption in a Majority or the whole— We contend that there...
65New York Ratifying Convention. Third Speech of July 2 (Melancton Smith’s Version), [2 July 1788] (Hamilton Papers)
Power of Restraint dangerous—we may have a War of defence—therefore dangerous. The reasoning restri[c]ting just or unjust. The object to carry on war for defence ill founded as applys. Contending for corruption of a majority. They say a Corrupt. to a small part—Improbable the whole, shall be corrupted, and corrupt ye whole. Republic less likely to go to Melancton Smith MS Notes, from the...
66New York Ratifying Convention. First Speech of July 3, [3 July 1788] (Hamilton Papers)
I suppose It intends that a Vessel bound from one State to another— If she puts into any port in another State [to] which She is bound She shall not there be Obliged [to] enter clear or pay Duties John McKesson MS Notes, New-York Historical Society, New York City. H’s remarks were made in reply to Melancton Smith’s request that H explain the clause in the Constitution which reads: “Nor shall...
67New York Ratifying Convention. Second Speech of July 3, [3 July 1788] (Hamilton Papers)
Mr. Hamilton—The word Impair an english word and means to weaken or Injure . This gives no Light, how far shall this weakening extend—Is it practicable so to State it as to prevent Litigation hereafter. John McKesson MS Notes, New-York Historical Society, New York City. H’s remarks were made in reply to Samuel Jones, who asked: “What is the Extent of the word Impair ” in the clause of the...
68From Alexander Hamilton to James Madison, [8 July 1788] (Hamilton Papers)
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...
69To Alexander Hamilton from John Sullivan, [10 July 1788] (Hamilton Papers)
Capt Roche who was employed by me in consequence of your directions to forward the news of New Hampshires having adopted the new Constitution, called on me this Day with the Inclosed Account, the Ballance of which I paid him in Cash and have taken the Liberty of drawing on you for the same with the addition of seven shillings more which is the Loss by Discount & postage at 3 1/2 per Cent. His...
70New York Ratifying Convention. Resolution by John Jay, [11 July 1788] (Hamilton Papers)
Resolved, as the opinion of the Committee that the Constitution under consideration ought to be ratified by this convention. Resolved further as the opinion of this Committee that such parts of the said constitution as may be thought doubtful ought to [be] explained and that whatever amendments may be deemed useful or expedient ought to be recommended. D , in writing of H, John McKesson...
71New York Ratifying Convention. Notes for Speech of July 12, [12 July 1788] (Hamilton Papers)
A. I. A republic a word used in various senses. Has been applied to aristocracies and monarchies. 1. To Rome under the Kings. 2. To Sparta though a Senate for life. 3. To Carthage though the same. 4. To United Netherlands, though Stadholder, Hereditary nobles: 5. To Poland though aristocracy and monarchy 6. To Great Britain though Monarchy &c II. Again great confusion about the words....
72New York Ratifying Convention. Remarks (Newspaper Account), [12 July 1788] (Hamilton Papers)
On Saturday morning, Mr. Jay opened the business by representing the unfairness of the proceedings in the informal Committee. He complained that when met for mutual discussion, they had been insulted by a complete set of propositions presented in a dictatorial manner for their passive acquiescence. He was soon followed by Mr. Hamilton, who in a most argumentative and impassioned address,...
73New York Ratifying Convention. Remarks (John McKesson’s Version), [12 July 1788] (Hamilton Papers)
I rise with Reluctance It has been industriously circulated that I am a Man of such Talents as to carry any Cause— Insinuations agt. me out of this Hous[e] to shut the Hearts of the House agt. me— John McKesson MS Notes, New-York Historical Society, New York City. See “New York Ratifying Convention. Introductory Note,” June 17–July 26, 1788 . McKesson wrote and then crossed out the word...
74New York Ratifying Convention. Remarks (Melancton Smith’s Version), [12 July 1788] (Hamilton Papers)
Mr. Hamilton—Rises with reluctance. 1. because he wishes to conciliate. 2. That he is plausiable— Beleives it will not answer the purpose—though he thinks the Genn. means it to be so. The impost, acceded to—instanced—shd admonish us. 2 questions arise— 1. Our own powers 2d. The powers of Congress to receive and ye proby. No power except to accept or reject. 1st. Acts. The Resolution of the...
75To Alexander Hamilton from Nathaniel Chipman, 14 July 1788 (Hamilton Papers)
Your character as a federalist, has induced me, altho’ 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 fœderal Cause. Ten States have now adopted the new fœderal plan of government. That it will now succeed is beyond doubt; what disputes the...
76To Alexander Hamilton from John Kelly, 14 July 1788 (Hamilton Papers)
[ Tinmouth, Vermont, July 14, 1788. On this date Nathaniel Chipman wrote Hamilton that Kelly “writes by the same opportunity.” Letter not found. ]
77New York Ratifying Convention. Remarks (Gilbert Livingston’s Version), [14 July 1788] (Hamilton Papers)
Ham[ilton] wishes the questin may not be put as it will now be a decision of the comparitive view betwn the two propositions. True it has been largely discussed; on saturday said he supposed it would amount to a rejection, yet would suggest same Ideas. Recappitulates the argts of saturday; is willing to agree that the constitution was Advisory; it has now become obligatory by the will of the...
78New York Ratifying Convention. Remarks (Melancton Smith’s Version), [14 July 1788] (Hamilton Papers)
Mr. Hamilton. 1st. our powers—agreed yt. the Constitution, was advisory—suppose the Constitution advice, we must refer to the instrument—it is impossible that the Convenn. or the people shd. have had in view, such alterations because until they had assented, there was no body to submit amendments to—there being no common body to determine. Therefore it must of necessity been their view that...
79New York Ratifying Convention. First Speech of July 15, [15 July 1788] (Hamilton Papers)
Ham[ilton]—They were ready to go as far as they thought safe, in recommendatory & explanatory Amend[ment]s —& secure the Constitu[tio]n—& that Many of the Amend[ment]s we have proposed—they suppose wrong—yet they will bring forward Amend[ment]s & will be pledged for to obtain those which they bring forward—as far as they can—Reads a form of adoption —Reads a list of amend[ment]s which they...
80New York Ratifying Convention. Amendments to the Constitution, [15 July 1788] (Hamilton Papers)
Amendments to the Constitution to be recommended I That there shall be one representative for every thirty thousand according to the enumeration or census mentioned in the constitution until the whole number of representatives amounts to two hundred; after which that number shall be continued or increased, but not diminished, as Congress shall direct, and according to such ratio as Congress...
81New York Ratifying Convention. Second Speech of July 15, [15 July 1788] (Hamilton Papers)
Ham[ilton]—hopes the quest[io]n will not be pressed —as the Amend[ment]s expressly contemplate a condition—hopes time will be taken to consider of the New propositions—and not pass the revision by hastily taking this quest[io]n—which must be binding finally— Gilbert Livingston MS Notes, MS Division, New York Public Library. As in his first remarks on this date, H is referring to a vote on an...
82New York Ratifying Convention. Third Speech of July 15, [15 July 1788] (Hamilton Papers)
Ham[ilton]—extremely sorry Lan[sing] cannot see the matter as he does —has this consolation, that they have done all they could to conciliate—heartily wishes the matter may be postponed till tomorrow—gent[lemen] have men[tione]d the breach of the Confed[eratio]n —considers the clause of amend[ment]s in it only going to the mode of govt—people may alter their govt—Mot[io]n that the committee...
83New York Ratifying Convention. First Speech of July 17, [17 July 1788] (Hamilton Papers)
Ham[ilton] Scarce any new reasons to be offered; they are short—& must have their force it may do good—cannot do evil. While men hope , they never became enraged. Both parties hope to succeed, therefore will not heat. Things have changed since we came here—therefore decent we should consult our constituents. Good may come—& no evil can come. Takes notice of an objectn by gent We are to take no...
84New York Ratifying Convention. Notes for Second Speech of July 17, [17 July 1788] (Hamilton Papers)
I 1 not permitted to be out of union 2 Self preservation—West Point 3 Interest to consolidate II Discontented minorities 1 Examine story of expediency 2 history of minorities. Rhode Island N Carolina III Unequal contest 1 Government organized 2 Ruling parties in each state Fœderal 3
85New York Ratifying Convention. Second Speech of July 17, [17 July 1788] (Hamilton Papers)
Ham[ilton]—gave reasons why we would be out of the Union— Amend[ment]s have been proposed—with a desire to conciliate and assuage—therefore not adopted on expedience—but the amend[ment]s proposed for expedience—in Massachusetts—now a fed[era]l representation this not fav[orabl]e to amend[ment]s Connecticut—an election—Antis—left out— N. Ham. adopted—after an ad[journmen]t Pennsylvania—2/3ds...
86From Alexander Hamilton to William Duer, 18 July 1788 (Hamilton Papers)
[ Poughkeepsie, New York, July 18, 1788. On July 19, 1788, Hamilton wrote to James Madison: “Yesterday I communicated to Duer our situation which I presume he will have communicated to you.” Letter not found ]. Duer was a financier and merchant who was appointed Secretary of the Board of Treasury in 1786 and in the same year became a member of the New York Assembly.
87From Alexander Hamilton to James Madison, [19 July 1788] (Hamilton Papers)
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 mentioned in my letter 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...
88New York Ratifying Convention. First Speech of July 19, [19 July 1788] (Hamilton Papers)
Ham[ilton]—the spirit of the 2d clause he agrees with —& will agree in—the jury of the vicinage in some cases cannot be good—however will not insist on it—a jury—is security sufficient—without saying of the County—moves to strike out “ of the county .” Govr [George Clinton]—wishes it should stand. [Samuel] Jones—do—who shall designate whence the jury should be called—the prosecutor may lay his...
89New York Ratifying Convention. Second Speech of July 19, [19 July 1788] (Hamilton Papers)
Ham[ilton]—this article he thinks includes more than gent intend—in the Admiralty—& Chancery there is no Jury—“ to remain ” may be intended to qualify this—in some states—the trial by jury in both the Courts above ment[ione]d are in use—On treaties & Laws of nations—the supreme Judicial ought to be the last resort—difficult to remedy this—so as to agree to it—& not clash with other states—...
90New York Ratifying Convention. Third Speech of July 19, [19 July 1788] (Hamilton Papers)
Ham[ilton]—opposed to the leading idea of this clause —it tends to render the Militia of no service—in swi[tzerland] & england—there must be select corps—the whole people can never be fully trained if we agree to this, you oblidge the gov[ernmen]t to have a standing army—does not depend on regulations on paper for safety—but on the Genius of our country—was mistaken as to the clause—objects...
91New York Ratifying Convention. Fourth Speech of July 19, [19 July 1788] (Hamilton Papers)
Ham[ilton]—is willing those who are now scrupulous may be exempted— but does not wish to encourage this idea— Gilbert Livingston MS Notes, MS Division, New York Public Library. See “New York Ratifying Convention. First Speech of July 19,” note 1 . H’s remarks concerned the fifteenth proposal of the “Bill of Rights,” which reads as follows: “That any person religiously scrupulous of bearing...
92New York Ratifying Convention. Fifth Speech of July 19, [19 July 1788] (Hamilton Papers)
Ham[ilton]—an explanatory clause ought to explain, not to affix a new Idea— the dividing the state into districts is explanatory but the qualifying part is not— Gilbert Livingston MS Notes, MS Division, New York Public Library. See “New York Ratifying Convention. First Speech of July 19,” note 1 . At this point in the proceedings the Convention took up the second part of the “Bill of Rights”...
93New York Ratifying Convention. Sixth Speech of July 19, [19 July 1788] (Hamilton Papers)
Ham[ilton]—combats the propriety of the word “ expresly ” congress one to regulate trade—now they must do a thousand things—not expresly given—Virginia say not given — Gilbert Livingston MS Notes, MS Division, New York Public Library. See “New York Ratifying Convention. First Speech of July 19,” note 1 . H’s remarks were on the proposed explanatory amendment. It reads as follows: “That no...
94New York Ratifying Convention. Seventh Speech of July 19, [19 July 1788] (Hamilton Papers)
Ham[ilton]—would not object to the Idea—recommends this amend[men]t— Gilbert Livingston MS Notes, MS Division, New York Public Library. See “New York Ratifying Convention. First Speech of July 19,” note 1 . H is referring to the following explanatory amendment suggested to the Convention by John Lansing, Jr.: “That all appeals from any Court proceeding according to the Course of the common Law...
95New York Ratifying Convention. Eighth Speech of July 19, [19 July 1788] (Hamilton Papers)
Ham[ilton]—this [amendment] cannot be by way of explanation—but may be by recommendation. Gilbert Livingston MS Notes, MS Division, New York Public Library. See “New York Ratifying Convention. First Speech of July 19,” note 1 . The proposed amendment reads as follows: “That the Judicial p⟨ower⟩ of ⟨the⟩ United States as to Controversies between Citizens of different States is not to be...
96New York Ratifying Convention. Ninth Speech of July 19, [19 July 1788] (Hamilton Papers)
Ham[ilton]—this not an explanitory amend[men]t— may be recommendatory—which he would wish—in regulating commerce—this power seems to be incident—thinks that it may be possible that it will be useful—therefore thinks it ought to be left out. [Samuel] Jones—it cannot be an explanation— [John] Lansing—Congress have no power about the business except a regulation of commerce—...
97To Alexander Hamilton from James Madison, [20 July 1788] (Hamilton Papers)
Yours of yesterday is this instant come to hand & 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 N. York a...
98New York Ratifying Convention. Motion, [21 July 1788] (Hamilton Papers)
That Mr. Hamilton Moved that the Clause last read should be expunged, and the following substituted in its Stead vizt: “That no Appropriation of Money in time of Peace for the Support of an Army shall be by Less than two thirds of the Representatives and Senators present.” John McKesson MS Notes, New-York Historical Society, New York City. The motion is printed in McKesson, “Journal of the...
99From Alexander Hamilton to Nathaniel Chipman, 22 July 1788 (Hamilton Papers)
Your brother delivered me your favour 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...
100From Alexander Hamilton to James Madison, [22 July 1788] (Hamilton Papers)
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. Yrs. Affecly I take the liberty for certain reasons to put the inclosed under cover...