27201The Defence No. XXXVI, [2 January 1796] (Hamilton Papers)
It is now time to fulfil my promise of an examination of the constitutionality of the Treaty. Of all the objections which have been contrived against this instrument, those relating to this point are the most futile. If there be a political problem capable of complete demonstration, the constitutionality of the Treaty in all its parts is of this sort. It is even difficult to believe that any...
27202The Defence No. XXII, [5–11 November 1795] (Hamilton Papers)
The analogy of the stipulation in the 10th article with stipulations in our other treaties and in the treaties between other Nations is the remaining topic of discussion. After this, attention will be paid to such observations by way of objection to the article as may not have been before expressly or virtually answered. The 20th. article of our treaty of Amity and Commerce with France is in...
27203The Defence No. XV, [12 and 14 September 1795] (Hamilton Papers)
[ It is the business of the seventh article of the treaty, to provide for two objects: one, compensation to our citizens for injuries to their property, by irregular or illegal captures or condemnations; the other, compensation to British citizens for captures of their property within the limits and jurisdiction of the United States, or elsewhere, by vessels originally armed in our ports, in...
27204The Defence No. I, [22 July 1795] (Hamilton Papers)
IT was to have been foreseen, that the treaty which Mr. Jay was charged to negociate with Great Britain, whenever it should appear, would have to contend with many perverse dispositions and some honest prejudices. That there was no measure in which the government could engage so little likely to be viewed according to its intrinsic merits—so very likely to encountre misconception, jealousy,...
27205The Defence No. IV, [1 August 1795] (Hamilton Papers)
An accurate enumeration of the breaches of the Treaty of peace on our part would require a tedious research. It will suffice to select and quote a few of the most prominent and early instances. One of the earliest is to be found in an Act of this state for granting a more effectual relief in cases of certain Trespasses passed the 17 of March 1783. This act takes away from any person (subjects...
27206The Defence No. XXXVII, [6 January 1796] (Hamilton Papers)
It shall now be shewn, that the objections to the Treaty founded on its pretended interference with the powers of Congress tend to render the Power of making Treaties in a very great degree if not altogether nominal. This will be best seen by an enumeration of the cases of pretended interference. I The power of Congress to lay taxes is said to be impaired by those stipulations which prevent...
27207The Defence No. XVII, [22 September 1795] (Hamilton Papers)
The VIII article provides merely that the Commissioners to be appointed in the three preceding articles shall be paid in such manner as shall be agreed between the parties at the time of the exchange of the “Ratification of the Treaty, and that all other expenses attending the Commissions shall be defrayed jointly by the two parties the same being previously ascertained and allowed by a...
27208The Defence No. VI, [8 August 1795] (Hamilton Papers)
There is one more objection to the Treaty for what it does not do, which requires to be noticed. This is an omission to provide against the empressment of our seamen. It is certain that our Trade has suffered embarrassments in this respect, and that there have been abuses which have operated very oppressively upon our seamen; and all will join in the wish that they could have been guarded...
27209The Defence No. XVIII, [6 October 1795] (Hamilton Papers)
It is provided by The tenth article of the Treaty that “Neither Debts due from individuals of the one Nation to Individuals of the other, nor shares nor monies, which they may have in the public funds, or in the public or private banks, shall ever in any event of War or national differences be sequestered or confiscated, it being unjust and impolitic that debts and engagements contracted and...
27210The Defence No. III, [29 July 1795] (Hamilton Papers)
The opposers of the Treaty seem to have put invention on the rack, to accumulate charges against it, in a great number of cases, without regard even to plausibility. If we suppose them sincere, we must often pity their ignorance; if insincere, we must abhor the spirit of deception which it betrays. Of the preposterous nature of some of their charges, specimens will be given in the course of...
27211The Defence No. XIX, [14 October 1795] (Hamilton Papers)
The objects protected by the 10th. article are classed under four heads, 1 debts of individuals to individuals 2 property of individuals in the public funds 3 property of individuals in public banks 4 property of individuals in private banks. These, if analised, resolve themselves, in principle, into two discriminations—(viz) private debts & private property in public funds....
27212The Defence No. IX, [21 August 1795] (Hamilton Papers)
It was my intention to have comprised in two numbers the examination of the second article; but on experiment it was found expedient to add a third. I resume for a moment the subject of indemnification for the detention of the Posts. As an inducement to persist in this claim, we are assured that the magnimity of France would have procured for us its establishment. In the first place this...
27213The Defence No. XXI, [30 October 1795] (Hamilton Papers)
Since the closing of my last number, I have accidentally turned to a passage of Vatel , which is so pertinent to the immediate subject of that paper, that I cannot refrain from interrupting the progress of the discussion to quote it. It is in these words (B 3 C 4 § 63) “The Sovereign declaring War can neither detain those subjects of the enemy, who are within his dominions at the time of the...
27214The Defence No. XII, [2–3 September 1795] (Hamilton Papers)
The remaining allegations in disparagement of the 3 article are to this effect 1 That the exception of the country of the Hudsons Bay Company owing to its undefined limits renders the stipulations in our favour in a great measure nugatory. [2. That the privileges granted to Great Britain in our Missisippi ports, are impolitic, because without reciprocity.] [3] that the agreement to forbid to...
27215The Defence No. XXXI, [12 December 1795] (Hamilton Papers)
I resume the subject of the two last papers for the sake of a few supplementary observations. The objections to the Treaty for not adhering to the rule “that free ships make free goods and enemy ships enemy goods” as being the relinquishment of an advantage which the modern law of Nations gives to Neutrals have been fully examined and I flatter myself completely refuted. I shall however add...
27216The Defence No. XXXII, [16 December 1795] (Hamilton Papers)
The 18th Article of the Treaty, which regulates the subject of contraband, has been grievously misrepresented. The objections urged against it with most acrimony are disingenuous and unfounded; yet while I make this assertion which I flatter myself I shall be able to prove, I shall not pretend to maintain that it is an article completely satisfactory. I even admit that it has one unpleasant...
27217The Defence No. XIII, [5 September 1795] (Hamilton Papers)
The 4th and 5th articles of the Treaty from similarity of object will naturally be considered together. The fourth, reciting a doubt “whether the River Mississippi extends so far Northward as to be intersected by a line to be drawn due West from the Lake of the Woods in the manner mentioned in the Treaty of Peace” agrees, that measures shall be taken in concert between the two Governments to...
27218The Defence No. XVI, [18 September 1795] (Hamilton Papers)
The second object of the seventh article, as stated in my last number, is “compensation to British Citizens, for captures of their property within the limits and jurisdiction of the U States, or elsewhere by vessels originally armed in our ports, in the cases in which the captured property having come within our power, there was a neglect to make restitution .” This precise view of the thing...
27219The Defence No. II, [25 July 1795] (Hamilton Papers)
Previous to a more particular discussion of the merits of the Treaty, it may be useful to advert to a suggestion which has been thrown out, namely that it was foreseen by many, that the mission to Great Britain would produce no good result, and that the event has corresponded with the anticipation. The reverse of this position is manifestly true. All must remember the very critical posture of...
27220The Defence No. XXXVIII, [9 January 1796] (Hamilton Papers)
The manner in which the power of Treaty as it exists in the Constitution was understood by the Convention, in framing it, and by the people in adopting it, is the point next to be considered. As to the sense of the Convention, the secrecy with which their deliberations were conducted does not permit any formal proof of the opinions and views which prevailed in digesting the power of Treaty....
27221The Defence No. XIV, [9 September 1795] (Hamilton Papers)
The sixth article stipulates compensation to British Creditors for losses and damages which may have been sustained by them, in consequence of certain legal impediments, which since the Treaty of Peace with Great Britain, are alleged to have obstructed the recovery of debts bona fide contracted with them before the peace. To a man who has a due sense of the sacred obligation of a just debt, a...
27222[The Defence No. XXX], [9 December 1795] (Hamilton Papers)
ADf , in the handwriting of Rufus King, Hamilton Papers, Library of Congress; The [New York] Herald; A Gazette for the Country , December 9, 1795. For background to this document, see the introductory note to “The Defence No. I,” July 22, 1795 . Except for a few words inserted by H, the draft of “The Defence No. XXX” is in the handwriting of Rufus King.
27223The Defence No. XXV, [18 November 1795] (Hamilton Papers)
It will be useful, as it will simplify the Examination of the commercial articles of the Treaty, to bear in mind and preserve the Division that we find established by the 12. 13. & the 14. & 15. articles. Each respects a particular Branch or portion of the trade between the two Countries, the regulations whereof, differ from, and are severally independent of each other. Thus one is relative to...
27224The Defence No. XXXIII, [19 December 1795] (Hamilton Papers)
The course thus far pursued in the discussion of the 18th article has inverted the order of it as it stands in the Treaty. It is composed of three clauses the two last of which have been first examined. I thought it adviseable in the outset to dispose of an objection which has been the principal source of clamour. The first clause, or that which remains to be examined, enumerates the articles...
27225The Defence No. V, [5 August 1795] (Hamilton Papers)
The discussion in the two last numbers has shewn if I mistake not, that this Country by no means stands upon such good ground with regard to the inexecution of the Treaty of peace as some of our official proceedings have advanced and as many among us have too lightly creditted. The task of displaying this truth has been an unwelcome one. As long as a contrary doctrine was either a mere essay...
27226[The Defence No. XXXIV], [23 December 1795] (Hamilton Papers)
ADf , in the handwriting of Rufus King, Hamilton Papers, Library of Congress; The [New York] Herald, A Gazette for the Country , December 23, 1795. For background to this document, see the introductory note to “The Defence No. I,” July 22, 1795 . Except for some words and phrases and one full paragraph inserted by H, the draft of “The Defence No. XXXIV” is in the handwriting of Rufus King.
27227[The Defence No. XXVIII], [2 December 1795] (Hamilton Papers)
ADf , in the handwriting of Rufus King, Hamilton Papers, Library of Congress; The [New York] Herald; A Gazette for the Country , December 2, 1795. For background to this document, see the introductory note to “The Defence No. I,” July 22, 1795 . Except for a few phrases and sentences inserted by H, the draft of this essay is in the handwriting of Rufus King.
27228[The Defence No. XXIX], [5 December 1795] (Hamilton Papers)
ADf , in the handwriting of Rufus King, Hamilton Papers, Library of Congress; The [New York] Herald; A Gazette for the Country , December 5, 1795. For background to this document, see the introductory note to “The Defence No. I,” July 22, 1795 . Except for minor changes in wording made by H, the draft of “The Defence No. XXIX” is in the handwriting of Rufus King. On a page attached to the...
27229[The Defence No. XXIV], [14 November 1795] (Hamilton Papers)
ADf , in the handwriting of Rufus King, Hamilton Papers, Library of Congress; The [New York] Herald; A Gazette for the Country , November 14, 1795. For background to this document, see the introductory note to “The Defence No. I,” July 22, 1795 . Except for several words and phrases and one paragraph inserted by H, the draft of this essay is in the handwriting of Rufus King. The paragraph...
27230The Defence No. VII, [12 August 1795] (Hamilton Papers)
The Second Article of the Treaty stipulates that his Britannic Majesty will withdraw all his troops and garrisons from all posts and places within the boundary lines assigned by the Treaty of Peace to the U States; and that this evacuation shall take place on or before the first day of June 1796—the United States in the mean time at their discretion extending their settlements to any part...
27231[The Defence No. XXVI], [25 November 1795] (Hamilton Papers)
ADf , in the handwriting of Rufus King, Hamilton Papers, Library of Congress; The [New York] Herald; A Gazette for the Country , November 25, 1795. For background to this document, see the introductory note to “The Defence No. I,” July 22, 1795 . Except for several words, phrases, and footnotes inserted by H, the draft of this essay is in the handwriting of Rufus King.
27232The Defence No. VIII, [15 August 1795], with enclosure (Hamilton Papers)
One of the particulars in which our Envoy is alleged to have fallen short of what might and ought to have been done respects the time for the surrender of the Western posts. It is alleged, that there ought either to have been an immediate surrender or some guarantee or surety for the performance of the new promise. Both parts of the alternative presuppose that Great Britain was to have no will...
27233[The Defence No. XXIII], [14 November 1795] (Hamilton Papers)
ADf , in the handwriting of Rufus King, Hamilton Papers, Library of Congress; The [New York] Herald; A Gazette for the Country , November 14, 1795. For background to this document, see the introductory note to “The Defence No. I,” July 22, 1795 . Except for several words and phrases inserted by H, the draft of “The Defence No. XXIII” is in the handwriting of Rufus King.
27234[The Defence No. XXXV], [26 December 1795] (Hamilton Papers)
ADf , in the handwriting of Rufus King, Hamilton Papers, Library of Congress; The [New York] Herald; A Gazette for the Country , December 26, 1795. For background to this document, see the introductory note to “The Defence No. I,” July 22, 1795 . Except for some phrases, sentences, and two paragraphs inserted by H, the draft of “The Defence No. XXXV” is in the handwriting of Rufus King. On the...
27235[The Defence No. XXVII], [28 November 1795] (Hamilton Papers)
ADf , in the handwriting of Rufus King, Hamilton Papers, Library of Congress; The [New York] Herald; A Gazette for the Country , November 28, 1795. For background to this document, see the introductory note to “The Defence No. I,” July 22, 1795 . Except for a few phrases and sentences inserted by H, the draft of “The Defence No. XXVII” is in the handwriting of Rufus King.
27236Commission as Surveyor of Albemarle County, 6 June 1773 (Jefferson Papers)
To all to whom these Presents shall come, Greeting: Know ye, that we the President and Masters of the College of William and Mary in Virginia, by Virtue of a royal Grant from their late Majesties King William and Queen Mary, of the Office of Surveyor General of the Colony of Virginia to the said College, have constituted and appointed, and by these Presents do constitute and appoint Thomas...
27237To George Washington from Alexander Campbell, 20 March 1796 (Washington Papers)
It is with real regret that I feel myself obliged to resign ⟨the⟩ Office of Attorney for the district of virginia, which I hereby take the liberty to do, and at the same time to make my acknowledgments to you for the honor which you did me by that appointment. I shall prepare myself on my return to virginia, to deliver up the papers in my possession ⟨r⟩elating to the business of the United...
27238Enclosure: Alexander Campbell to William Heth, 1 November 1792 (Hamilton Papers)
I received your favors relating to the Ship Abigail, You will be Pleased to be assured that in all communications from you, I feel myself desiring of pursuing what you think proper to be done: and this because I have had great reason to confide in your judgment with respect to the Subjects of your Office: but it becomes me, in some measure to consider the current of Decisions in the Treasury...
27239To Thomas Jefferson from Anthony Campbell, 26 February 1802 (Jefferson Papers)
The chief magistrate of a free and enlightened people should not be addressed on light or trivial affairs; his mind must necessarily be employed on affairs of the greatest importance, and unrealized must be the expectations that communications which have not for their object moral or political improvement should claim his attention. The want of these considerations indicate either ignorance or...
27240To Thomas Jefferson from Anthony Campbell, 12 October 1801 (Jefferson Papers)
I am sorry a combination of circumstances, which I neither could foresee nor expect compels me to address you; but I feel convinced, when you are informed, that necessity and self defence urge the measure, you will excuse the liberty. Had my communications to Mr Gallatin upon an interesting subject, been treated with that politeness and attention, which from his character, I had a right to...
27241To John Adams from Archibald Campbell, 18 December 1777 (Adams Papers)
Mr. Heman Allen of Salisbury has transmitted to me the inclosed Copy of a letter from Mr. Bowdinot Commissary General of Prisoners for the American Army; wherein he is pleased to signify that he is willing to accede to my being immediately exchanged for Colol. Ethen Allen, incase the matter could be accomplished by my writing to Newyork. The experience I have already had of the inefficacy of...
27242To Thomas Jefferson from Archibald Campbell, 13 August 1793 (Jefferson Papers)
The enclosed letter came under cover to me by a late arrival here from Bordeaux—and accompanied a bill of Lading for 14 Cases of wine Shipt for you by my friends Messrs. Fenwick Mason & Coy. who write me to take your direction where to forward the wine after arrival here. If you have an invoice of its cost—you will please Send it me—or a copy thereof—in order to have the necessary entry made...
27243To George Washington from Lt. Col. Archibald Campbell, 20 April 1778 [letter not found] (Washington Papers)
Letter not found: from Lt. Col. Archibald Campbell, 20 April 1778. On 23 April, GW wrote Campbell , “I was yesterday favd with yours of the 20th int [in]forming me of your arrival at Morris Town.”
27244To John Adams from Arthur Campbell, 21 October 1797 (Adams Papers)
You have spoken, and you have spoke it with dignity and truth.—That the rising generation of Americans, the most promising and perhaps the most important Youth, which the human species can boast, educated in the principles of religion and morality, and having before them the examples of the wise and good of all nations, cannot fail to answer the high expectations, which the World has formed of...
27245To Thomas Jefferson from Arthur Campbell, 7 February 1781 (Jefferson Papers)
It now appears that the Indians that attacked Blackmores Fort, as mentioned in my last , were a small party of Shawanese headed by our noted enemy Logan. The last Travelers that came from Kentucky came thro Cumberland Gap safe, having on their way made no discoveries of Indians. Some attention of Government to former means proposed, I am convinced may bring about a Peace; or make the war with...
27246To Thomas Jefferson from Arthur Campbell, 27 November 1780 (Jefferson Papers)
Washington county, 27 Nov. 1780 . He sends extracts from originals in his possession “to elucidate Col. Clarke’s letter, and may shew the world what kind of beings we are contending with,” these extracts including the following: A letter from Cornwallis to Major [Patrick] Ferguson, 23 Sep. 1780, saying he had heard from Lt. Col. Cruger that he had arrived in time to save Brown, had retaken the...
27247To James Madison from Arthur Campbell, 11 July 1807 (Madison Papers)
Among the schemes, I have heard spoken of, in order to counteract, the hostile disposition of the British government; is to set on foot, an expedition immediatly, against Canada, altogether by an Army of Militia. The main body to proceed by way of Lake Champlain, and possess themselves of Montreal, and menace Quebec. Another Corps proceed by way of Oswego, and take possession of all the...
27248To James Madison from Arthur Campbell, 12 May 1787 (Madison Papers)
Being neither acquainted with your Secretary at War, nor Doctor White the Superintendant for the Southren Department, I have taken the liberty to request your notice to the affairs of the Southren Indians which are now in such a state, that the Spaniards on one hand and other improper intruders on the other, may excite them all to become our enemies; or at best useless friends, whereas a...
27249To George Washington from Arthur Campbell, 23 February 1795 (Washington Papers)
The great figure our Allies the French Nation are like to make in Europe, ought to arouse the patriots of the United States, to every exertion. That altho we cannot keep pace with our Gallic friends, in military renown, yet we may acquire power and stability, by the mild arts of peace. That She in order to establish her Republic, necessarily lessened the number of the human race. Be it our...
27250To Thomas Jefferson from Arthur Campbell, 28 March 1781 (Jefferson Papers)
Since my last, about 150 Voluntiers from the Wattago have penetrated the Cherokee middle Settlements, destroyed three principal Towns with some scattering Villages, killed upwards of twenty Indians, and brought off fifteen Prisoners, mostly Children. Another Body of Men are now about seting out from this, and Sullivan County to endeavour to drive the enemy from their haunts in the Cumberland...