91New York Ratifying Convention. First Motion of July 22, [22 July 1788] (Hamilton Papers)
That the last mentioned Amendment having been read Mr. Hamilton moved that the same should be obliterated and the following inserted in its stead vizt. “That When the Number of Persons in the District of Territory to be laid out for the Seat of the Government of the United States, shall according to the Rule for the Apportionment of Representatives and direct Taxes Amount to such District...
92New York Ratifying Convention. Third Speech of July 22, [22 July 1788] (Hamilton Papers)
Ham[ilton]—improper in a war, or in the case of a war to publish a state of accounts to all the world— Gilbert Livingston MS Notes, MS Division, New York Public Library. In this speech H was discussing the following amendment: “That an Account of the Receipts and Expenditures of public Money shall at least once in every Year be transmitted to the Executives of the several States to be laid...
93New York Ratifying Convention. Fourth Speech of July 22, [22 July 1788] (Hamilton Papers)
Ham[ilton]—this will increase appeals—but does not much oppose—[Samuel] Jones—this will seldom happen—& cannot last Ham[ilton]—it may opperate to the prejudice of the poor— Gilbert Livingston MS Notes, MS Division, New York Public Library. In this speech H was discussing the following proposed amendment to the Constitution: “That Congress shall not constitute ordain or establish any Tribunals...
94New York Ratifying Convention. Fifth Speech of July 22, [22 July 1788] (Hamilton Papers)
Ham[ilton]—objects— because the Court ap[pointed] by Legislature Chan[cellor Robert R. Livingston]—these Judges or commisioners may be under the same influence as the Legislature themselves—therefore to be avoided. Ham[ilton]—of the same opinion. [Samuel] Jones—wishes security under these Courts—sees great inconveniency in having a Court totally independent—wishes some mode to remedy the evil—...
95New York Ratifying Convention. Sixth Speech of July 22, [22 July 1788] (Hamilton Papers)
Ham[ilton]—wishes to know what objectn gent. have to Congss. arranging the militia. Gilbert Livingston MS Notes, MS Division, New York Public Library. H was discussing the following amendment concerning the militia: “That the power to organize arm and discipline the Militia shall only extend so far as to prescribe the Mode of officering arming & disciplining ⟨– – – – –⟩. (John McKesson Papers,...
96New York Ratifying Convention. Second Motion of July 22, [22 July 1788] (Hamilton Papers)
Ham[ilton]—moves an amend[men]t that a court of trial of impeachments be constituted, prout—thinks this amend[men]t will obviate many of the objections against the senate. Gilbert Livingston MS Notes, MS Division, New York Public Library. This motion is not recorded in McKesson, “Journal of the Proceedings,” “Journal of the Proceedings of the Convention of the State of NewYork. Held at the...
97To James Madison from Alexander Hamilton, 22 July 1788 (Madison 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 Affecty I take the liberty for certain reasons to put the inclosed under cover to...
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 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...
100New 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...
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....