27601New 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...
27602New 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...
27603New 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...
27604From 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...
27605To 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...
27606New 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...
27607New 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....
27608New 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,...
27609New 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...
27610New 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...
27611To 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...
27612To 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. ]
27613New 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...
27614New 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...
27615New 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...
27616New 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...
27617New 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...
27618New 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...
27619New 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...
27620New 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
27621New 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...
27622From 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.
27623From 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...
27624New 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...
27625New 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—...
27626New 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...
27627New 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...
27628New 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”...
27629New 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...
27630New 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...
27631New 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...
27632New 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—...
27633To 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...
27634New 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...
27635From 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...
27636From 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...
27637New York Ratifying Convention. First Speech of July 22, [22 July 1788] (Hamilton Papers)
Hamilton objects because there is no security in it—the people are excluded from chusing perhaps your best man— [Melancton] Smith would rather have him elected for 8 yrs & not eligible again—Mov[e]d for it—Jay seconded his Mot[io]n. Ham[ilton]—opposes—a temptation for an avaritious man—to plunder & make the best of his time—has not the motive to please— [Melancton] Smith Much may be said on...
27638New York Ratifying Convention. Second Speech of July 22, [22 July 1788] (Hamilton Papers)
Ham[ilton]—among other reasons ag[ains]t it— mentions the probability of having the appointments better thro[ugh] the states, as the senators represent all the states— Gilbert Livingston Papers, MS Division, New York Public Library. H was opposing an amendment which provided “That the Congress appoint in such manner as they may think proper a Council to advise the President in the Appointment...
27639New 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...
27640New 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...
27641New 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...
27642New 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—...
27643New 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,...
27644New 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...
27645New York Ratifying Convention. Remarks, [23 July 1788] (Hamilton Papers)
Ham[ilton]—thinks we ought to proceed on the report—& if any gent[leman] wishes to introduce an amend[men]t he has a right to do it. Gilbert Livingston MS Notes, MS Division, New York Public Library. For a discussion of the debates on July 23 and of the decisions made by the Convention on that date, see “New York Ratifying Convention. First Speech of July 24 .”
27646New York Ratifying Convention. First Speech of July 24, [24 July 1788] (Hamilton Papers)
Ham[ilton]—Was in hopes this Morning of Unanimity when this Motion was first mentioned. Thot more favourably of it than the other one but since thinks otherwise. Has taken advice with men of character—they think it will not do. Proposed to read a Letter— reads it—supposes this adoption—conditional—and would viciate the business &ct. Himself wrote favourably for it. The terms of the...
27647New York Ratifying Convention. Second Speech of July 24, [24 July 1788] (Hamilton Papers)
[Matthew] Adgate—This business has been effected by degrees. This has heretofore been conceived to have been a Mode that would bring us in. Gent[lemen] now say we cannot—but if we May does not doubt we shall —they must violate the old Confedn. Ham[ilton]—Adg[at]e intimates that they have come down to our Ideas. This is not so—yet we are willing to go as far as we can and be received. The...
27648New York Ratifying Convention. Circular Letter to the Governors of the Several States, 26 July 1788 (Hamilton Papers)
Poughkeepsie, New York, July 26, 1788. “We the members of the Convention of this State, have deliberately & maturely considered the Constitution proposed for the united States. Several articles in it appear so exceptionable [to a majority of us], that nothing but the fullest confidence of obtaining a Revision of them by a general convention, and an invincible Reluctance to separating from our...
27649Continental Congress. Motion on Votes Cast in the Congress by States Not Yet Having Ratified the Constitution, [7 August … (Hamilton Papers)
Whereas the Convention assembled at Philadelphia in the Commonwealth of Pensylvania did on the 17th day of September last past resolve as the opinion of that Convention that as soon as the Conventions of nine states should have ratified the Constitution then and there agreed upon by the said Convention the United States in Congress assembled should fix a day on which electors should be...
27650From Alexander Hamilton to Jeremiah Olney, [12 August 1788] (Hamilton Papers)
We have a question of very great importance depending in Congress, in which the vote of your state would be decisive. It relates to the place of meeting of the future Congress—Six states and a half prefer New York five and a half Philadelphia. When your delegates were here they voted with us on the intermediate questions; but when the final question came to be put Mr. Hazard’s scruples...