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...