101New 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—...
102New 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...
103New 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...
104New 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”...
105New 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...
106New 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...
107New 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...
108New 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—...
109To James Madison from Alexander Hamilton, [19 July] 1788 (Madison 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...
110From 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.
111New 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...
112New 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
113New 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...
114New 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...
115New 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...
116New 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...
117New 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...
118New 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...
119New 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...
120New 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....
121New 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,...
122New 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...
123New 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...
124New 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...
125From 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...
126To James Madison from Alexander Hamilton, 8 July 1788 (Madison 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...
127New 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...
128New 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...
129From 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...
130New 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...
131New 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...
132New 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...
133New 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 .
134New 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...
135New 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...
136To James Madison from Alexander Hamilton, [ca. 2 July] 1788 (Madison Papers)
Your letter of the 20h. 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...
137New 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...
138New 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...
139New York Ratifying Convention. First Speech of June 28 (Francis Childs’s Version), [28 June 1788] (Hamilton Papers)
The hon. Mr. Hamilton . Mr. Chairman, in the course of these debates, it has been suggested, that the state of New-York has sustained peculiar misfortunes, from the mode of raising revenues by requisitions. I believe we shall now be able to prove, that this state, in the course of the late revolution, suffered the extremes of distress on account of this delusive system. To establish these...
140New York Ratifying Convention. First Speech of June 28 (John McKesson’s Version), [28 June 1788] (Hamilton Papers)
Mr. Hamilton—Requests several Resolutions & reports from the Journal of the Senate be read— 7 Septr. 1780—part of the Governors message— 9 Septr. part of the Answer of the Senate 10 Octr. Resolution of assembly page 33 5th Feby 1781—and a Letter from Rivingtons Paper 19 March 29 March 1781 21 Novr 1781 20 July 1782 Resolutions John McKesson MS Notes, New-York Historical Society, New York City....
141New York Ratifying Convention. Second Speech of June 28, [28 June 1788] (Hamilton Papers)
Mr. Hamilton . We shall make the same reservation. By the indisputable construction of these resolutions, we shall prove that this state was once on the verge of destruction, for want of an energetic government. To this point we shall confine ourselves. Childs, Debates and Proceedings of the Convention of the State of New-York The Debates and Proceedings of the State of New-York, Assembled at...
142New 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...
143New 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...
144New 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...
145New 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...
146New 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...
147From Alexander Hamilton to James Madison, [27 June 1788] (Hamilton Papers)
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 only chance of success depends on you. There are some slight symptoms of relaxation in some of the leaders; which authorises a gleam of hope, if you do well; but certainly I think not...
148New York Ratifying Convention. Notes on Debates, [27 June 1788] (Hamilton Papers)
Mel Smith Powers ought to be precisely defined— Peculiarly so in a government of the particular kind. Ought to rest as well for operation as organisation— Harmony . Money necessary to existence of both— Interference or clashing of power— And one must fall a sacrifice to the other. No limitation to discretion of legislature— State Governments & G Government have concurrent jurisdiction in all...
149New York Ratifying Convention. Remarks (Francis Childs’s Version), [27 June 1788] (Hamilton Papers)
The hon. Mr. Hamilton . This is one of those subjects, Mr. Chairman, on which objections very naturally arise, and assume the most plausible shape. Its address is to the passions, and its first impressions create a prejudice, before cool examination has an opportunity for exertion. It is more easy for the human mind to calculate the evils, than the advantages of a measure; and vastly more...
150New York Ratifying Convention. Remarks (John McKesson’s Version), [27 June 1788] (Hamilton Papers)
It is more natural to the Mind of man to examine the Powers by which money is to be taken from him—than the necessity or reasons of those powers— In Regard to the Safety and Liberty of the People you are to constitute it to preserve Liberty with Power to preserve it self and with sufficient Checks— 1. This Govt. has represents elected only for two years—this the peoples Govt. 2d. A Senate for...