f(4i(un^!f '";'•'• CORNELL UNIVERSITY LIBRARY THE MONAGHAN COLLECTION The Gift of Frank Monaghan Cornell 1927 /0.V ^v-^ qX . 'V \}js^-^ \jv/^^ ,^AJ^ ,^^' ALEXANDER HAMILTON. a Cornell University y Library The original of this book is in the Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/details/cu31924032743555 ALEXANDER HAMILTON AND HIS CONTEMPORARIES; OB, THE RISE OF THE AMERICAN CONSTITUTION. 'CHRISTOPHER JAMES RIETHMULLER, AUTHOR OF ''teuton, A POEM," AND "FREDERICK LUCAS, a BIOGRAPHY.' LONDON : BELL AND DALDY, i86, FLEET STREET. 1864. LONDON : PKINTED BY E. CLAY, SON, AND TAYLOB, BREAD STREET HILL. /Sf 7 30(0 7 / V ,-' ''. ^ ^ '.. .'•-'■^■•1 ^ ;C};|f;A>,f,u: < TO RICHARD BAXTER, Esq OF LINCOLN S INN. My deae Baxter, In our young days, when Eeform was in the ascendant, it was the fashion for the liberal party to point to the United States of America, as the great example of the success of democratic institutions. Since then, events have occurred, which have shaken the faith of many, and led the majority of Englishmen to reconsider the subject. With our attention strongly drawn to what is passing in the bosom of the republic, we have naturally sought for an explanation of so dire a convulsion, and have not been able to rest satisfied with the narrow theory, that all this has arisen from a difference on a single question. IV DEDICATION. We have rather inclined to the belief, that the causes must be various and complicated, and only to be discovered by a diligent study of the past history of the Union. Any contribution to that history should, there- fore, be of some value; and it has struck me, that a brief account of the Eise of the American Constitution — in connexion with the life and opinions of the remarkable man, who did the most to call it into existence and to bring it into work- ing order, while he foresaw its dangers from the beginning, and laboured incessantly to guard against them — might not be without interest at the present moment. In the career of Hamilton we trace the progress of the Constitution, from its first germ in the mind of the young soldier, through all the difficulties of its establishment, and the trials of its early years, until its administration passes from the control of its authors, to fall iato the hands of the champions of an absolute democracy. But, apart from all political speculations, the story of Hamilton him'self, his character, his services, and his fate, are well worthy of record and ought to DEDICATION. y be better known than tbey have hitherto been — : especially in that England which he understood with the instinct of genius, and loved with the enthusiasm of a high and generous nature. Such knowledge can only tend to the honour of his name, and to the growth of kindly feelings between his country and our own. In treating of this theme, I have written as a foreigner at a distance from the scene of action, and have had to collect my materials from such sources as were bpen to me. I have done my best, however, to arrive at the truth, and have little doubt as to the general accuracy of the following sketch. Though much indebted to the elaborate, and yet unfinished work, which Mr. John Church Hamilton has devoted to the memory of his father, I have distrusted the inevitable bias of filial reverence, and have tried, wherever I could, to test his statements by a comparison with indepen- dent authorities. With regard to Hamilton's con- temporaries, I have for the most part endeavoured to estimate them by their own acts and words, rather than by the comments of friends or enemies ; VI DEDICATION. and, if I have erred in my appreciation of any amongst them, I aia conscious of no other motive than the wish to render justice to all. To you, whose calm and sober judgment is so well fitted to form an impartial opinion of its contents, I dedicate this hook. You will read it without passion or prejudice, and give due weight to the facts it has brought together ; and, even should you not agree in some of its political con- clusions, you wiU respect the sincerity of the con- victions on which it is founded, and welcome it if only as a token of the esteem and affection of THE AUTHOR London, January, 1864. CONTENTS. CHAPTER PAGE I. — "Washington 1 II.— The Young VoLtrNTEEK 26 III.— The Aide-de-camp . 43 IV.— Major Andre 77 v.— Close of the War ... . . . .94 VI.— The Confederacy in Danger 123 VII. — Hamilton at the Bar 140 VIII. — The Convention 172 IX. — Federalists and Republicans 212 X. — President and Vice-President 239 XI. — The Secretary of the Treasury 252 XII.— Thomas Jefferson 269 VIU CONTENTS. CHAPTER PAGE XIII.— The Fkbnoh Envoy 303 XIV.— Party Violence 335 XV. — MoTJNT Vernon "."". : . : 365 XVI.— The Tie .... •. 389 XVII.— The Duel 405 XVIII.— The Dbmocbacy . 426 Inkex 447 ALEXANDER HAMILTON AND HIS CONTEMPOEAEIES. CHAPTEE I. ■WA.SHINGTON. r I IHE British Colonies in North America had risen -*- in arms against the mother-country. No acts of gross cruelty and oppression, such as roused the Swiss to throw off the yoke of Austria, or nerved the people of the Netherlands to resist the power of Spain, could be urged in justification of this revolt. Yet a long course of unwise and vexatious measures, of just claims neglected and services Hi-requited, had been sufficient to provoke the deep and bitter resentment of men of English blood, who, proud of their descent, and jealous of their rights and privi- leges, were already conscious of the strength derived from increasing wealth and numbers aiid from the B 2 WASHINGTON, possession of a vast territory that seemed to promise an almost boimdless future. In the memorable war which wrested Canada from the grasp of France, the colonists had taken their full share in the sacrifices and exertions necessary to bring it to a successful issue. They had cherished a strong feeling of loyalty and attachment to the parent-state; and there can be little doubt, that a generous and conciliatory policy on the part of England might have retained their allegiance for years to come. But narrow and petty restrictions on trade, prohibition of manufactures, interference with the freedom of navigation, and that general mode of dealing with the colonies which Burke described as "the system of a monopoly," excited and kept alive a growing spirit of discon- tent; and, when to all this was added the attempt to tax the Americans by a parliament in which they were not represented, the discontent became dis^ affection, and took the shape, first of passive resist- ance, and then of open rebellion. It is well to remember from the very commence- ment of this narrative, that the thirteen colonies, which were now united in opposition to the authority of the British Crown, could in no sense be con- lidered as a single nation or people^ but rather as WASHINGTON. 3 an assemblage of small, distinct societies, founded at different times, under various circumstances, each ■with a character and history of its own, and with little to hind them together, save a common deter, mination to uphold the right of self-government. The Puritans of New England, the Catholics of Maryland, the Quakers of Pennsylvania, and the High-church Anglicans of Virginia, had each im- pressed a specific type on their descendants ; and so, in every one of the colonies, there might be found some peculiar marks of its origin and ante- cedents, by which it was easily distinguishable from the rest. And whilst they all laid claim to the benefits of the common law, and to the traditional liberties of Englishmen, their provincial constitu- tions differed very materially from each other, and political power was variously distributed amongst them, according to the several charters and customs by which their local affairs had hitherto been regu^ lated. The people of New England, with their Puritan principles, and strong democratic tendencies, were fitted to take the lead ia the path of revolution. Already in 1760, the town of Boston had resisted the attempt to collect duties on foreign sugar and B 2 4 WASHINGTON. molasses imported into the colony. It was there that, five years later, the stamp-act was received with closed shops and warehouses, the tolling of bells, the display of colours half-mast high, and aR the signs of a city in mourning. It was there that was con- cocted the scheme to suspend the importation of all articles liable to the payment of imperial imposts. It was there that began the opposition to the quarter- ing of troops, and that the first collision with the soldiers took place in the public streets. It was there that, on a December eveniug of 1773, the ships from- England were boarded by a party disguised as • Indians> who broke open the tea-chests, and emptied them into the bay, rather than allow their contents to be subject to taxation. It was at Boston too, that, when their port had been closed, and their charter violated, the inhabitants entered into " a solemn league and covenant" to renounce all intercourse with Grreat Britain, until the colony should be restored to the full enjoyment of its rights ; and, finally, it was the self-constituted assembly of Massachusetts that collected the military stores at Concord, the attempt to seize which, on the part of the British, led to the battle (or skirmish) of Lexington, and to the first bloodshed of the revolutionary war. WASHINGTON. 5 But the other colonies had not been slow in fol- lowing the example of New England. The merchants of New York and Philadelphia had from the first sympathized with Boston, and, although the interests of the landed gentry of Virginia might be less directly concerned, it no sooner became a matter of right and honour (in the claim set up to tax them without their own consent) than the pride of the Old Dominion, as it was called, burst into sudden flame, and they showed themselves quite as earnest in defence of their privileges, as any of their ISTorthem brethren. A plan was soon contrived, by means of "corre- sponding committees," to keep up a regular communi- cation between the different colonies, and to devise measures for the advancement of the common cause. This led, after a while, to the demand for a general convention ; and, at length, in 1774, the Fiest Con- gress assembled at Philadelphia. All the colonies, excepting Georgia, were there represented by delegates, and, from that time, the idea of .Union took posses- sion of the more enthusiastic minds. " All America," said Patrick Henry, the young orator of Virginia, "is thrown into one mass — Where are your land- marks, your boundaries of colonies ? They are all thrown down. The distinctions between Virginians, 6 WASHINGTON Pennsylvanians, New Yorkers, and New Englanders, are no more ; I am not a Virginian, but an American. It is certain that this First Congress contained a great number of able, patriotic, and moderate men, who laboured honestly and zealously to effect an arrangement of the disputes with the mother- Country, and to yindicate the rights of the colonies, without violating their allegiance to the Crown of Great Britain. "When your lordships," said Chat- ham, addressing the Peers of England, " look at the papers transmitted to us from America ; when you consider their decency, firmness, and wisdom, you cannot but respect their cause, and wish to make it your own. For myself, I must declare and avow, that, in the master-states of the world, I know not the people, or senate, who, in such a complication of difficult circumstances, can stand in preference to the delegates of America assembled in General Congress at Philadelphia." But, in this as in all revolutions, events travelled faster than the designs and wishes of men. Between the meetiugs of the First and Second Congress (an interval of only a few months) General Gage, the British Governor of Massachusetts, had ordered the seizure of the stores at Concord, the yeomanry had WASHINGTON. 7 resisted the soldiers, and the battle of Lexington had been fought. Then aU the people of New England at once flew to arms, and Boston was invested by a volunteer force. The Congress, which met at Philadelphia on the 10th of May, 1775, found it no longer possible to confine their proceedings within the legal boundaries of petition and remon- strance. They had to put the colonies into a state of defence, to sanction the raising of a provincial army, and to appoint a commander-in-chief. On the choice, they might make for this ofS.ce would pro- bably depend the only chance of standing their ground, with raw levies, and a half-trained militia, against the disciplined troops of England. It was their great good luck to select a general, whose rare qualities best fitted him for the difficult task, while his extraordinary virtue and moderation secured them from aU danger at the hands of their soldier and champion. Geoege Washington (the commander of their choice) was a gentleman of ancient family and in- dependent fortune. His lineage could be traced hack, in the old country, to Norman knights, who had settled in the palatinate of Durham soon after the Conquest, and to Cavaliers, who had distinguished 8 WASHINGTON. themselves in the King's cause in the CivU War ; hut his immediate ancestors belonged to the landed gentry of Virginia, and resided on their estates in the hospitable fashion of that country. He lost his father when only eleven years of age, and was left to the care of an excellent mother, who brought up her children with strict discipline, but warm affec- tion, and inspired them with the highest sentiments of integrity and honour. The instruction he received in the ordinary schools of the colony appears to have been of a very limited kind, and his literary acquirements were at no time extensive; but he early adopted habits of order and exactness, which accompanied him through life, and were of the ut- most value to him on many important occasions. He seems to have learned most from intercourse with his fellow-men, and he doubtless derived much general information from his elder brother Lawrence, who had been educated in England, had served with distinction in the West Indies, and had taken part in the attack on Carthagena, under Admiral Yernon and General Wentworth. In physical exercises such as running, leaping, wrestling, and riding — he soon became a proficient, and many tales are related of his boyish prowess. But what chiefly marked his "WASHINGTON 9 school-days (as it did all the rest of his career) was that iaflexible sense of truth and justice, which com manded universal respect and confidence, and made him, even in his childhood, the chosen arbiter in every juvenile dispute. One of his neighbours, and the owner of immense landed property in Virginia, was Thomas, Lord Fairfax, an amiable, but eccentric English nobleman, whom a disappointment in love had induced to abandon his country, and to bury his rank and talents in the wilds of America. He was a great foxhunter, and his attention was probably first attracted to young Washington, by the boy's skilful and daring horse- manship. Be that as it may, he took him into his special, favour, and being just then in want of a bold and trustworthy agent, to whom he could confide the diflicult and hazardous survey of his vast possessions beyond the Blue Eidge, he selected this youth of sixteen for the purpose. In the beau- tiful Valley of the Shenandoah, then a wilderness, only inhabited by wandering Indians, or lawless backwoodsmen scarcely more civilized, Washington acquired his first experience of enterprise and ad- venture. He accomplished his task to the perfect satisfaction of his employer, and through his iufluence 10 WASHINGTOlir. was appointed to the office of public surveyor. He spent three or four years in expeditions of a similar character, amongst all sorts of strange scenes and people, and the knowledge he thus gained, as well as the toils and hardships he surmounted, must have tended to mature and strengthen him hoth in mind and body. But a struggle with France was at hand, for the possession of the Valley of the Ohio, and Washing- ton soon found employment in the military service of the colony. In the wild, half Indian warfare that followed, he acquitted himself with great credit, rose to the rank of colonel, and, although not always successful, received the thanks of the Virginia House of Burgesses for his conduct. In the subsequent campaign of 1755, when war had been regularly declared, and troops had arrived from England, he served as a volunteer on the staff of General Braddock, and was present in the disastrous expe- dition, in which that unfortimate veteran lost his Ufe. It is said, that, if Washington's advice had been listened to, the catastrophe would have been averted ; but Braddock, though a good and brave soldier, had been trained in the usages of European war, and was too old to adapt himself to the new circumstances, in "WASHINGTON. 11 ■whicli he was so unexpectedly placed. He persisted in marching into the desert, as he ■would have moved an army on the great highways of Europe, encum- bered with baggage and artOlery, and aU the equipage of a camp. Too confident in the excellence of his troops, he neglected the precautions which "Washing- ton constantly urged upon him, and refused to throw his scouts in advance, to explore the dangerous coun- try before him. On the contrary, he marched forward "as at a review in St. James's Park." The conse- quence was a surprise, followed by a panic, and a total rout. His grenadiers foimd themselves sud- denly assailed by an unseen foe, who mowed down their ranks from behind trees and bushes, and agaiast whom their ordinary tactics were of no avail. In vain they formed in close order, and attempted to charge with bayonets — in vain the artiUery-men stood for a while to their guns — in vain the officers rushed to the front, and devoted themselves to certain death, They were shot down one by one from the covert, into which it was impossible to penetrate, whilst the smoke of the rifles, and the horrid yells of the Indians, alone indicated where the invisible enemy lay hidden. The unhappy general, after having five horses killed under him, was at length struck down 12 WASHINGTON. by a bullet, and was most unwillingly borne away from the fatal field. He died four days after, over- wbelmed with mortification and despair ; but in bis last moments, with brave and honourable feeling, he did justice to the sagacity of Washington, apologized to him for having rejected his advice, and, if tradition is to be believed, left his faithful servant, and his favourite charger, to the care of the young American. All through that disastrous fight, Washington had done everything in the power of man to retrieve the fortune of the day. He exposed himself to the utmost danger ; two horses were shot under him, and his coat was riddled with bullets ; but he escaped unwounded. When he saw that all was lost, he exerted himself to bring off the poor remains of the shattered army, and then rode forty miles in search of supplies and reinforcements. He returned in time to the Great Meadows to receive the last words of Braddock, and to read the funeral service over his grave. He then continued the retreat, and reached home ia safety; but the events of that brief cam- paign left a deep impression on his mind, as well as on the public opinion of the colonies. " It gave us the first suspicion," says Franklin, " that our exalted ideas of the prowess of British regular troops had WASHINGTON. IS not been well founded." To "Washington, at least, it taught the lesson, how such troops might best be en- countered by an army of bush-rangers and volunteers. During the rest of the war with France, he was intrusted, though still very young, with the com- mand of the militia of his native colony, and rendered many important services, the last of which was the capture of Fort Duquesne on the Ohio. But the national struggle was now nearly at an end. The victory on the Plains of Abraham, so dearly purchased by the blood of the gallant Wolfe, was immediately followed by the surrender of Quebec, and subsequently by the capitulation of Montreal and all Canada. The French dominion was destroyed on the Continent of America, and the supremacy of England in those regions appeared to be for ever established. Then Washington retired to the privacy of do- mestic life. During his late campaigns, he had, whilst halting at the house of a Virginian gentle- man, made the acquaintance of a charming young widow, named Martha Custis, and seems to have at once fallen in love with her. They were soon after engaged, and, on his return from the reduction of Fort Duquesne, they contracted a marriage, which 14 WASHINGTON. proved a very happy one. Although their union was not blessed with offspring, the lady had two children by her first marriage, and on thenj Washington bestowed the fondest paternal care. He was now twenty-seven years of age ; he had seen enough of war and adventure ; and his sole wish was to settle down quietly on his estate, to devote himself chiefly to agricultural pursuits, and to lead a tran- quil and useful life in the society of his friends and neighbours. He fixed his abode at the beautiful seat of Mount VeenoNj on the banks of the Potomac, once the favourite residence of that brother Lawrence, from whom he had learned so much in his youth, and whose early death he had since mourned with a true and deep affection. There, in the midst of the woods and bill s, with a noble river washing the borders of his land, pos-. sessed of an ample fortune, already honourably dis- tinguished amongst his countrymen, and with a mind too healtby to cherish idle dreams of ambition, he hoped to spend in peace the fruitful and prosperous yearSi He little knew the work that was prepared for him — the toils he was to undergo, the perils he was to encounter, the glory he was ultimately to achieve. It should not be forgotten by those who have been WASHINGTON. 15 accustomed to associate nothing but rude images of democracy with their idea of the American Eepublic, that its chief founder was truly and essentially what in England we term a gentleman, and what some people would call an aristocrat. Not only by birth and fortune, but by tastes, habits, opinions, and character, he belonged to a privileged class, and all the descriptions we have of him leave the strong impression,- that personally he much resembled an Englishman of the higher ranks. The calm, un- ruffled bearing, so dignified and seK-sustained — the reserved, and somewhat stately manners, yet full of real kindness and old-fashioned courtesy — the plain, but handsome dress, always suitable to the time and occasion — ^the utmost simplicity in' his own mode of living, combined with a princely style of house- keeping, and the largest hospitality to strangers — ■ even the passion for field-sports, and the love of dogs and horses — all show a famUy-likeness to his English ancestry. He was much beloved by his servants, whom he regarded almost as his children, but from whom he always exacted respect and obedience. He was himself an early riser, would often light his own fire, and was content with the most frugal fare ; but he gave great banquets tc 1 6 -WASHINGTON. the neiglibouring gentry, had his chariot-and-four with rich liveries for Mrs. "Washington and her' visitors, and kept his barge on the Potomac, rowed by negroes in check shirts and velvet caps. Eegnlar and systematic in all his transactions, he expected the same punctuality from others, and whilst he treated his guests of every degree with a natural and cordial politeness, which put them perfectly at ease, there was that about him which forbade in- trusion, and checked all undue familiarity. It may astonish some of our Eeformers to learn, that he was a strict preserver of game ; and once, when a sturdy poacher had been making sad havoc on the banks of the river, Washington pursued him into the water, dragged him and his canoe to the shore, wrested from him the gun with which he was armed, and inflicted such personal chastisement, as deterred hiTin from again trespassing in those quarters. It is also amusing to find that Washington was at this time fond of dancing, and, although grave and ceremonious as Sir Charles Grandison, a popular partner with the fair sex. And whilst he thus cultivated the social pleasures at Mount Vernon, he performed the duties of a magistrate with much zeal and judgment, attended the House of Burgesses of which he had been elected ■WASHINGTON. 17 a member, and managed the affairs of his estate with husiness-like accuracy and despatch. And when to all this it is added, that he had been bred up as a loyal subject of the Crown, and a devout member of the Church of England, and that he was at all times remarkable for the moderation and sobriety of his views, it is obvious that such a man must have felt many painful misgivings, before he consented to embark on the stormy sea of revolution. The truth is, that Washington, along with many other wise and good men, most earnestly desired to prevent the disputes with England from coming to extremity. It must be remembered that no less than fourteen years elapsed, between the first resist- ance of Boston to the sugar-duties, and the first meeting of Congress at Philadelphia. During that long period of suspense, innumerable efforts were made to effect a reconciliation with the mother- country, and no one was more anxious than Washington for the success of these endeavours. It was only slowly and gradually that he became convinced of the hopelessness of any satisfactory arrangement, and even then he hesitated, before counselling an appeal to arms. But when once blood had been shed, and he saw his native land c 18 "WASHINGTON. fairly committed to the contest, he resolved, with whatever reluctance and sorrow of heart, to take his full share in the dangers and responsibilities of the crisis. No thought of the peaceful years he had spent on the banks of the Potomac — of the wife, and friends, and much-loved home, a,nd genial pursuits and prosperous fortune, which must now all be risked on the hazard of a die — could hold him back for a moment from what he considered the call of honour and duty. "Unhappy it is to reflect," he writes, " that a brother's sword has been sheathed .in a brother's breast, and that the once happy and peaceful plains of America are to be either drenched with blood, or inhabited by slaves. Sad alternative ! But can a virtuous man hesitate in his choice ? " It was in this mood that he joined the Congress of 1775. When the time came to appoint a com- mander-in-chief, many eyes were turned upon him, as the person whose high character and mUitary experience entitled him to the first claim. Difficulties aro^, however, from the jealousy which even then liad arisen amongst the colonies, and from the un- willingness of New England to confide the army to a Virginian. It would seem that John Adams, of WASHINGTON. 19 Massachusetts, had the merit of deciding the Con- gress on this memorable occasion ; and if so, it was the most important of all the services he rendered to his country. The dissentient members were per- suaded to withdraw their opposition, and Washington was unanimously elected to the command. He accepted it on the sole condition, that he was not to receive any pay or emolument. " I beg leave to assure the Congress," he said, " that, as no pecuniary consideration could have tempted me to accept this arduous employment at the expense of my domestic ease and happiness, I do not wish to make any profit of it. I will keep an exact account of my expenses. Those, I doubt not, they will discharge, and that is all I desire." Washington was now forty-three years of age, taU and handsome, majestic in deportment, and fuU of manly vigour. When he appeared on horseback, every one was struck with his martial air and carriage. The long interval of repose at Mount Vernon had in no way diminished his aptitude for military affairs, and he set about his arrangements with a promptness and decision, which astonished the few veterans with whom he was brought in contact. Amongst these was General Charles Lee, c 2 20 WASHINGTON. an English soldier of fortune, who had spent his life in camps, and engaged in a variety of adventures. Having served his own country in both hemispheres, and being discontented with his promotion, he had visited first the court of Frederick the Great, and then that of Stanislaus Augustus, obtained employ- ment in the Polish army, held a command of Cossacks in the war between Eussia and Turkey, and otherwise distinguished himself in different parts of Europe. Eestless and dissatisfied, he now offered his sword to the Americans, and was appointed to the rank o-f major-general. His colleagues were Artemas "Ward a native of Massachusetts, who had served under Abercrombie in the Erench war; Philip Schuyler, a member of one of the oldest Dutch families of New York, who had gained his experience in the same school ; and Israel Putnam, of Connecticut, who was well versed in all the devices of Indian strategy. At Washington's request, the post of adjutant-general was bestowed on Horatio Gates, an English ex-major settled in Virginia, with whom he had formed an acquaintance in Braddock's fatal campaign, and who like Lee, provoked by what he considered the neglect of his merits, was prepared to turn his arms against the land of his birth. WASHINGTON. 21 ■Whilst the American Congress was thus occupied in organizing an army, large reiaforcements , had arrived at Boston from England, under the command of Generals Howe, Burgoyne, and Clinton. The in- vesting force, on the other hand, composed of the Massachusetts levies and of volunteers from New Hampshire, Ehode Island, and Connecticut, at- tempted to seize the neighbouring heights, and to intrench themselves in that position. This led to the battle of Bunker's Hill, in which the American yeomanry first showed that they could contend with British soldiers more equally than had been antici- pated ; for, although they were ultimately dislodged, and their works carried with the bayonet, it was only after hours of hard fightiug, and when they had repulsed repeated attacks, with serious loss to the enemy. The news of this battle reached Washing- ton on his way to the camp, and when, in answer to his eager inquiries, he was informed that the volun- teers had stood their ground without flinching, sus- taiued the fire of the English, and reserved their own until they could deliver it at close quarters, he gave a sigh of relief, and eicclaimed : " The liberties of the country are safe!" It is no part of the plan of the present work to 22 WASHINGTON. enter into the details of the American War of Inde- pendence. It will, therefore, be enough to state in general terms, that, when Washington arrived before Boston, he found an army, brave indeed, and full of enthusiasm, but half clad, ill-provided, inef&ciently armed, and almost wholly undisciplined. One of the first discoveries he made was, that there were but thirty-two barrels of gunpowder in store, and that nearly his whole stock of ammunition was con- tained in the cartridge-boxes of the men. He had to bring order out of chaos ; to reduce a mixed and intractable multitude to subordination ; to clothe and arm them, and supply, them with everythiag they required ; to create a commissariat and military chest ; and, finally, to instruct his officers in their several duties, to obtain for them the respect of the troops, and to inspire them with confidence in him- self. Ifo less powerful intellect, no less resolute will, would have sufficed for the task. He was aided in it by an excellent soldier, whose friendship he at this time acquired, and whose faithful and valuable services continued through aU the worst periods of the war. This was Nathaniel Greene, of Ehode Island, who, although the son of a Quaker miller, had early applied himself to the study of military WASHINGTON. 23 tactics, had become a self-taught master of the art, and, having taken great pains to discipline the militia of his native colony, had brought to the lines before Boston the best-trained corps in the army. He was now a brigadier-general, and was soon selected by Washington for one of his most trusted advisers. The siege of Boston lasted nearly a year, with various fortune. But all the efforts of the British failed in breaking the net which Washington had cast around them, and at length, in March, 1776, the Americans obtained and held possession of Dor- chester Heights, which commanded a large portion of the town and harbour. Through the exertions of Henry Kjqox, an artiUery-ofacer, who was destined hereafter to play a distinguished part, they had been supplied with mortars and heavy cannon, as well as powder and shot, and were now in a condition to bombard the place, and render it untenable by the enemy. Under these cu-cimistances. General Howe resolved to evacuate the town, and to embark his soldiers on board the fleet, threatening to destroy Boston if he were molested in. his departure. Wash- ington was too wise to afford him any pretext for executing this menace, and contented himself with 24 WASHINGTON. closely following on his retreat, and immediately securing the abandoned works. The next day, he entered Boston in triumph ; and it was soon noised abroad, through Europe as well as America, that an army of husbandmen, led by militia-of&cers, had beaten the choice troops and veteran generals of Great Britain, and forced them to surrender the place which had been the first cause of the war. Every one was loud in praise of "Washington, the Congress voted unanimously their thanks for his services, and a gold medal was struck in his honour. But he knew better than most men, that the real struggle was only then beginning, and that the time for congratulations and rejoicings was yet far distant. General Howe had sailed for Halifax; but it was merely to await the arrival of his brother. Admiral Lord Howe, who was on his way from England with a fleet and strong reinforcements. It was impossible to say where the next blow would fall. Washington could only guess ; but his prescient sagacity told Hm, that it was of the utmost importance to secure New York and the Hudson. Thither he hastened, with whatever troops could be spared from the other points of danger, and proceeded at once to fortify the approaches to the city and river. It was not WASHINGTON. 25 long before the event proved the correctness of his judgment. And now, having introduced the great central figure, which necessarily overshadows every other name in American history, it is time to turn to the more immediate subject of the present narrative. CHAPTEE II* THE YOUNG VOLUNTEEE. ONE day, while Washington was preparing for the defence of New York, his friend, General Greene, on his way to head-quarters, had occasion to pass through a field where some volunteers were at drill. His attention was at once attracted by a company of artillery, which seemed to be handled with unusual skill by its commander — a mere boy, small in stature, and of slender frame, but rapid in all his movements, and with an air of remarkable intelligence. The general stopped to speak to him, and was convinced, by a few words of conversation, that he had met with a youth of no ordinary abilities. He desired to cultivate his acquaintance, and made some inquiries about him. He was told that the name of the young captain was Alexander Hamilton, and that he was a student of King's College. THE YOUNG VOLUNTEER. 27 Already in his short life (for he was only nineteen years of age) Hamilton had seen some notable changes of fortune. Born in the West Indies, on the 11th of January, 1757 — a native of the mountain- island of .Nevis, one of the many rich and fair pos- sessions of the British Crown — he spent his childhood amid the luxuriant beauty and balmy air of the tropics. Yet he had early known poverty and priva- tion. His father was a Scottish gentleman, descended from a branch of the great house of Hamilton, which plays so ^tiaguished a part both in history and romance ; but, being a younger son, and having embraced the profession of a merchant, he had emi- grated to the "West Indies in search of wealth. There he had married a lady of the name of Faucette, a member of one of those Huguenot families, who, banished from France by the revocation of the Edict of Nantes, carried their virtues and their love of free- dom to happier climes, and have been the progenitors of so many illustrious men. Alexander was the only child of this marriage that survived to maturity; and, while yet of a very tender age, the death of his mother, and the rmn of his father through commercial specu- lations, left him entirely dependent on friends for support and education. He was removed to the 28 THE YOUNG VOLUNTEER. island of Santa Cruz, where some of Ms mother's relations afforded him such elementary instruction as lay within their reach ; and, when only twelve years old, he was placed as a clerk in the counting-house of Mr. Nicholas Cruger, an opulent merchant. He disliked the employment, and sighed for leisure to engage in more congenial studies ; yet he showed such capacity for business, that, before he had com- pleted his fourteenth year, the head of the firm could leave him in sole charge of the establishment during a temporary absence. He found time, moreover, to cultivate mathematics and chemistry, to improve his knowledge by general reading, and to form his style by the practice of composition. An accoimt, which appeared in a newspaper, of the terrific hurricane that desolated the Leeward Islands, in 1772, attracted universal notice by its literary merit, and was traced to the pen of the youthful Hamilton, It was thought a pity that so much natural talent should not be developed by education, and it was resolved to with- draw him from the counting-house, and to send him to pursue his studies at New York. Had that tem- pest not raged, and that article not been written, a great name would probably have been wanting in the history of the United States. THE YOUNG VOLUNTEER. 29 Provided with the necessary funds, and with letters of introduction to persons of repute, Hamilton em- harked on board a vessel, which was nfearly destroyed by lire on the voyage to Boston. He arrived there, however, in safety, and proceeded thence to his place of destination. Having delivered his credentials, he soon found friends to interest themselves in his welfare, and, acting by their advice, he first entered a grammar-school at Elizabethtown, New Jersey, and then, after about a year's preparation, became a member of Eang's College, New York. This was an institution chartered by George II. "with the good design of promoting a liberal education, and to make the same as beneficial as may be," not only to the inhabitants of the province, " but to all our colonies and territories in America." And here the young student was, for the first time, surrounded by an atmosphere suitable to his tastes and powers. He worked hard at the college-course, easily mastered all the ordinary exercises, and soon added the study of anatomy, having then some intention of adopting the profession of medicine. He distinguished him- self as a speaker at the local debating-club, wrote serious poetry, as well as doggerel verses of a satirical character, and, while he acquired a high reputation ."fl • THE YOUNG VOLUNTEEE. for ability, he was extremely popular with his fellow- students, and generally regarded as a lively and pleasant companion. It is stated on the authority of the friend who shared his room, that he was also very regular in his rehgious observances, not only attending public worship, but always praying on his knees night and morning — a habit which was pro- bably rare with the young men of his age. The same friend relates, that Hamilton's firm belief in the truths of Christianity, and the eloquent and weighty arguments he advanced in their favour, greatly tended to confirm his own wavering faith. But the political differences, which had arisen between the colonies and the mother-country, were now becoming a subject of universal interest, and drew off the minds of men from every other question. It was natural, that a youth like Hamilton, at an age when the boyish imagination is so readily kindled at the name of liberty, should be an enthusiastic champion of the popular cause. In this, he no doubt resembled the majority of his fellow-col- legians. But what was peculiar to himself was the skill, the force, and the judgment, with which he defended his position. At an open-air meeting in New York, he had attended to hear the speakers ; THE YOUNG VOLtTNTEEE. 31 when, suddenly impressed with the conviction, that they had left the most important points untouched, this unknown stripling of seventeen presented him- self to the assembly, and proceeded to address them in a strain of impremeditated eloquence. For a short time, he seemed to be somewhat embarrassed by his novel situation; but, risiag gradually with his theme, he astonished his audience by the origin- ality of his views, the cogency of his arguments, and the manly style of his oratory. Not long after, an attack appeared upon Congress, under the signature of a Westchester Farmer, and in answer to this and a subsequent publication, Hamilton (now just eighteen) wrote two pamphlets of such remarkable power, that they were at once ascribed to some of the leading men in the colonies, and people long refused to believe, that works of so much merit were the unaided productions of the young inexperienced "West Indian. Yet, decided as were his opinions, and strenuous his exertions, on the side of the revolu- tionary movement, he had already learned to temper his zeal with a wise forbearance, and never to lose sight of the paramount duties of humanity and justice. When an excited mob attempted to seize the person of Dr. Cooper, the loyal president of King's College, 32 THE YOUNG VOLUNTBEK. Hamilton threw himself between them and their intended victim, and gave the worthy clergyman time to escape; and when the house of a Tory piiaterhad been assailed and riiled, it was Hamilton who first denounced this outrage on the liberty of the press, and called on the citizens to pursue and arrest the plunderers. It would have been well for America, if her advocates of popular rights had always been equally fearless in resisting popular violence. As the prospect of war became more imminent, the young orator and pamphleteer determined to fit him- self for a soldier. In him there was none of that idle kind of enthusiasm, which thinks to attain the end' while neglecting the means. He at once set re- solutely to work to study fortification, giumery, and the various branches of the military art, besides devoting much time to martial exercises and the practice of arms ; so that, when a volunteer force was raised at New York, he readily obtained the command of a company of artillery. It was here, that, as before mentioned, he attracted the attention of General Greene, who invited him to his quarters, treated him with marked kindness, and soon recommended him to the notice of Washington. But some little time THE YOUNG VOLUNTEER. 33 elapsed before he was brought into personal relations with his illustrious chief. Meanwhile, the Congress had taken the final step in the process of separating from England. Even after the war had begun, many had continued to believe in the possibility of an accommodation, and it was only after long debate and doubt, that the representatives of America determined to commit themselves irrevocably to the policy of independence. It was Thomas Jefferson, of Virginia, who was com- missioned to prepare the important document, that was to proclaim to the world the termination of the old sovereignty. " "When," runs this celebrated mani^ festo, "in the course of human events, it becomes necessary for one people to dissolve the political bands which have connected them with another, and to assume, among the powers of the earth, the separate and equal station, to which the laws of Nature and of Nature's God entitle them, a decent respect to the opinions of mankind requires, that they should declare the causes which impel them to the separation." It then proceeds to enumerate the rights, which it sup-, poses Great Britain to have violated, and to describe the fruitless endeavours of the colonies to obtain redress ; and it concludes by solemnly declaring "that D 34 THE YOUNG VOLUNTEEE. these United Colonies are, and of right ought to be, FEEE AND INDEPENDENT STATES ; that they are absolved from all allegiance to the British Crown, and that aU political connexion between them and the state of Great Britain is, and ought to be, totally dissolved ; and that, as free and independent states, they have fuU power to levy war, conclude peace, contract alliances, establEsh commerce, and do aU other acts and things which independent states may of right do." The Declaration of Independence was adopted on the 4th of July, 1776, and the anniversary has ever since been commemorated by Americans with great rejoicings in all parts of the world. They have more than fulfilled the prediction of John Adams, who believed that it would be solemnized "with pomp and parade, with shows, games, sports, guns, beUs, bonfires, and illuminations, from one end of this continent to the other, from this time forth for ever- more." Unhappily, they have too often forgotten, in the hour of prosperity and success, the sober and earnest spirit with which their fathers devoted to the common cause "their lives, their fortunes, and their sacred honour." They have needed the calm self-control of a Washington to restrain the exu- berance of their exultation ; even as, on the first THE YOUNG VOLUNTEEE. 35 appearance of tliat world-famous docmnent, he re- buked his soldiers for indillgiag ia unseemly and riotous demonstrations. "The General hopes and trusts," he wrote, "that every of&cer and man will endeavour so to live and act, as becomes a Christian soldier, defending the dearest rights and liberties of his country." And, indeed, it was no time for any kind of rejoicing. Scarcely had the Declaration of Indepen- dence been published, when the storm of war burst with redoubled violence on the shores of America. A British fleet forced the entrance of the Hudson, a British army landed on Long Island, and, after a disastrous battle, and a retreat under cover of a fog, Washington was compelled to abandon New York, and to faU back upon the heights of Harlem. It was there that, while fortifying his camp and going his round of inspection, he was struck with the skilful construction of some earthworks by a young officer of artillery. He entered into conversation with him, and found it was the same Alexander Hamilton, to whom General Greene had already directed his attention. The chief invited the youth- ful engineer to his tent, and soon discovered how many rare qualities were united in his person. From D 2 36 THE YOUNG VOLUNTEER, that moment dates the long intimacy which was destined to exercise so marked an influence on the. fortunes of the future republic. It had become apparent, that the Americans were not yet in a situation, either by numbers or discipline, to contend successfully with the enemy in the open field, and that their true policy was to hold him in check, or draw him on in detachments, as circum- stances might suggest, and to take advantage of their superior knowledge of the country, to harass and perplex him, without risking a general engagement. This cautious policy, which was often attacked and sneered at, until it was justified by the results, was now adopted by Washington, and acquired for him the name of the American Fabius. As the enemy advanced, he retreated to White Plains, and it was here that Hamilton first had the opportunity of distinguishing himself in action. With two field- pieces, planted on a ledge of rock, he had the honour of offering an obstinate resistance to a large force of British and Hessians, and, although ultimately driven from his position, excited the admiration of the whole army, by his cool courage, and the pre^ cision and steadiness of his fire. In the subsequent winter-campaign (one of the most critical of the THE YOUNG VOLUNTEEE. 37 •war) — ill which Washington had to retreat from post to post, and river to river, with his ragged and weather-beaten troops often exposed to the extremity of cold and hunger, and supposed to be on the eve of total destruction, till he turned suddenly on the enemy, and gained the battle of Trenton — ^the conduct of Hamilton, on every occasion of difficulty and danger, confirmed and fully established his high military reputation, and earned for him from his comrades in arms the epithet of the Little Lion. Two descriptions of his personal appearance at this time remain on record, and may not be uninteresting to the reader. " Well do I recoUect the day," says one, " when Hamilton's company marched into Princeton. It was a model of discipline ; at its head was a boy, and I wondered at his youth; but what was my surprise, when, struck with his slight figure, he was pointed out to me as that Hamilton, of whom we had already heard so much ! " " I noticed," says another veteran, speaking of the retreat through the Jerseys, " a youth, a mere strip- ling, small, slender, almost delicate in frame, marchiag beside a piece of artillery, with a cocked hat pulled down over his eyes, apparently lost in thought, with 38 THE YOUNG VOLUNTEER. his hand resting on the cannon, and every now and then patting it as he mused, as if it were a favourite horse, or a pet plaything." It was this campaign, which enabled Hamilton not only to prove his own merits as a soldier, but also to form a true estimate of the character of his chief He saw him contending with every variety of peril and annoyance, not the least of which was the ill- concealed envy of some of his principal officers. Already, a party had arisen, to oppose and thwart the designs of the great leader, on whose genius and virtue depended the safety of America. Already, it was whispered in the camp, that retreating was the fashion, and that the frequent changes of position were the result of indecision of mind. An attempt was made to set up a rival, in the person of General Charles Lee, whose rashness and obstinacy soon after led to his own capture by the enemy. Washington had the mortification of knowing, that some of those in whom he had placed unlimited confidence, were engaged in these unworthy intrigues, and, although nothing could shake his calm resolution and mag- nanimity, he was yet deeply sensitive to the treachery and unkindness of friends. Through all this period of trial, Hamilton seems to have taken the side of THE YOUNG TOLUNTEEE. 39 his general, ahd, notwithstanding his youth, he had no douht considerahle influence with his companions in the service. Of the campaign itself he has left his testimony, that it presented the striking spectacle of a powerful enemy, "straitened within narrow limits by the phantom of a military force, and never permitted to transgress those limits with impunity " — and that, throughout that memorable winter, " skUl supplied the place of means, and disposition was the substitute for an army." In the early part of 1777, when the American head-quarters were fixed at Morristown, and Hamil- ton's little company had been reduced, by the vicissi- tudes of the war, to twenty-five men only, he received an invitation from Washington to join the staff. Having accepted the offer, he was appointed aide-de- camp, with the rank of lieutenant-colonel, and, although he found older and more experienced of&cers in the military family of the chief, he soon became the most valued and trusted of them aU. It is greatly to their credit and his, that no jealousy or ill-temper seems ever to have disturbed his inter- course vsdth his fellows. From the first, his popular manners made Tiitti a favourite with the other members of the staff; and Colonel Harrison in particular, who 40 THE YOUNG VOLUNTEEE. was known as the Old Secretary, at once gave him his friendship, and treated him with unfaUing and almost paternal kindness. "Washington himself ad- mitted him to the closest intimacy, and nothing can be more indicative of the terms on which Hamilton was with his commander, than the fact, that the latter used often to address him by the endearing appellation of " My Boy !" The duties of an aide-de-camp must vary inde- finitely with various circumstances. In some cases, during intervals of quiet, they amount to little more than assisting the general in his hospitalities and social relations. In others, they consist of confi- dential services, on which may depend the event of a battle, or the safety of a state. In the present instance, what Washington chiefly required was the pen of a ready writer, to aid in his multifarious and important correspondence. He had to be in constant communication, not only with the Congress, whose commission he held, but with the authorities of the different States, from which his army was recruited — with his own ofiicers, frequently at a distance from head-quarters — ^with the English generals, on matters of exchange, treatment of prisoners, and the like — and, at a later period, with military allies, and the THE YOUNG VOLUNTEER. 41 ■representatives of foreign governments. He made no pretension to literary skill, and, although what he "wrote was always sensible and to the purpose, he was too nobly modest and ingenuous, not to be conscious of a certain deficiency in- style. Besides, the labours of his high post were so many and onerous, its responsibilities so pressing, as to render it impossible, that he should give much time to the composition of letters and papers. It was, therefore, of the utmost moment, that he should have a Secretary gifted with the necessary talents, and on whose judgment and integrity he could place full reliance. The first, who had served him in that capacity — Colonel Joseph Eeed — had left him for other employment in the army ; Colonel Harrison, a true and good man of average ability, had not sufficient grasp of mind, to take in at one view a vast diversity of matter ; and in Hamilton alone was found that singular mixture of genius and industry which fitted him to render the exact assistance required. Quick in seizing ideas, patient in masteriag details, endowed with lucid clearness of thought, and rich in the resources of language, he was emi- nently suited to interpret between Washington and the world. It would now be xiseless to attempt to 42 THE YOUNG VOLUNTEER. discriminate what were the several shares of the general and his aide-de-camp, in the preparation of the state-papers which issued from the head-quarters of the American army ; but it is no disparagement to the glory of the great commander to say, that the hand of Hamilton is visible throughout these de- spatches ; and there is good reason to believe, that not only the finished documents, but often the rough drafts, and the first conception, were entirely his own. It was no light charge to intrust to a youth of twenty, and the manner, in which he accomplished the work, is not among the least of his titles to lasting and honourable fame. CHAPTEE III THE AIDE-DE-CAMP. SOME time before Hamilton joiaed the staff, ■Washington had thus addressed the Congress : — " I give in to no kind of amusements myself, and consequently those about me can have none, but are confined from morning tiO. evening hearing and answering the applications and letters of one and another, which will now, I expect, receive a con- siderable addition ; as the business of the Northern and Eastern departments, if I continue here, must, I suppose, pass through my hands. If these gentlemen had the same relaxation from duty as other officers have in their common routine, there woiild not be so much in it ; but to have the mind always upon the stretch, scarce ever unbent, and no hours for recrea- tion, makes a material odds. Knowing this, and at the same time how inadequate the pay is, I can scarce find inclination to impose the necessary duties of their office upon them." 44 THE AIDE-DE-CAMP. Plenty of work, therefore, was waiting for the pen of Hamilton, and scarcely was he installed in his of&ce, when he had to conduct a most important correspondence on the subject of the treatment of prisoners. At first, England had naturally claimed to regard the Americans as rebels, who, when taken in arms, must be entirely dependent on the mercy of their captors. But, as the war continued, both humanity and self-interest called for a modification of these views. Washington had always insisted that the prisoners taken by either party should be placed on a footing of perfect equality, and had threatened retaliation for any breach of the ordinary customs of war. In Admiral Lord Howe and his brother. General Sir William Howe, he had found courteous and high-minded opponents, anxious to avoid unnecessary harshness, and to mitigate the evils inherent in such a conte^. Yet many points of difference had arisen, and it was long before the belligerents came to a perfect understanding on these and similar questions. Hamilton now took up the thread of the negotiation, with the special design of promoting an early exchange of prisoners ; and it was admitted on all hands that his letters were models of good sense, moderation, and dignity. THE AIDE-DE-CAMP.. 45 Even where they failed in attaining their immediate object, they commanded the respect of friends and enemies, and raised the American character in the eye* )f the world. Hamilton was next employed in writing instruc- tions to the different generals for the ensuing cam- paign, and in communicating the commander's plans and wishes to Congress and the State governments. He had to combat many fears and objections, and especially to insist on the necessity of keeping up the army, and furnishing it with supplies. He had moreover to contend with the intrigues which were constantly undermining "Washington's influence, and interfering with his conduct of the war. The rivalry between States, and the jealousy of particular officers, often showed themselves in a manner dangerous to the common cause, and Washington's recommenda- tions were too frequently neglected or over-ruled. It was agaiast his opinion that General Gates (who had originally owed his place in the army to Washington's favour) was now put forward in oppo- sition to the brave and chivalrous General Schuyler, and ultimately superseded him in the command of the Northern division. Yet, while his advice was thus set at nought, the patriot-hero had to compose 46 THE AIDE-DE-CAMP. the feuds occasioned by the disregard of his counsels, and to repair the mischief which he had vainly endeavoured to prevent. In all this he found Hamilton's services of the utmost value, and the wisdom and magnanimity of the chief never appear to greater advantage, than when they take form and substance in the words of the Young Secretary. But the time for action was again approaching. Philadelphia was menaced by the enemy, and, however unwilling to risk a general engagement, Washington felt that he must strike a blow in defence of the capital. Accordingly, he fought the battle of the Brandywine, and, after a severe struggle, was defeated, and compelled to abandon the city to its fate. Congress adjourned to Lancaster, having first invested Washington with extraordinary powers for the emergency; and, before the English arrived at Philadelphia, Hamilton was despatched thither to procure contributions of blankets, clothing, and other stores, to remove the horses, and to send the vessels up the Delaware, so as to prevent their falling into the hands of the enemy. He executed this delicate mission with great success, giving as little offence as possible to the inhabitants, and addressing a letter to the ladies, which seems to THE AIDE-DE-CAMP. 47 have reconciled them to the necessity of parting with their fleecy treasures. It was at the battle of the Brandywine that another young officer, whose name was afterwards well known in both hemispheres, first had an opportunity of showing his prowess. Amongst the foreigners, who had lately joined the American army as volunteers, was the Marquis de Lafayette, a French nobleman of about Hamilton's age, who had left his pleasant home and gentle bride, and all the gaieties of the proudest court in Europe, to serve a cause with which he had no direct concern, but which had inspired his romantic fancy with an ardent en- thusiasm. He belonged to a small class of high- born men with popular sympathies, who in that age were anticipating the speedy advent of a millennium of political freedom, and cherishing dreams of human perfection, from which ere long they were destined to be rudely awakened. At aU times of his life he was probably deficient in the wisdom and foresight of a statesman, and at a subsequent period in his career he exhibited an amount of weakness and infatuation, which brought the most serious calamities on his king and country; but there can be little doubt of his honesty and singleness of purpose : and when, as 48 THE AIDE-DE-CAMP. in 1777, he appeared suddenly on the scene, with his youth, his rank, his engaging manners, his generosity, and his courage, it is no wonder that he speedily gained the love and admiration of his new comrades. Washington invited him to share his quarters with his usual frankness and urbanity. " I cannot promise you the luxuries of a court," he said ; " but as you have become an American soldier, you wUl doubtless accommodate yourself to the fare of an American army." And, for several years from that date, Lafayette lived in the most intimate relations with the general and his family, and a friendship sprang up between him and Hamilton, which left many pleasing recollections to both of them. After fighting another battle at Germantown, which nearly proved a victory, Washington retreated to White Marsh, and occupied himself in providing for the defence of the forts on the Delaware. Meanwhile, Gates had been more fortunate in the N'orthern cam- paign. Aided by the magnanimous Schuyler, whom he had supplanted in the command, and by Benedict Arnold (a brave and adventurous soldier, whose ser- vices had been poorly requited) he succeeded in forcing Burgoyne to capitulate at Saratoga. It was a brilliant achievement, and very beneficial to the THE AIDE-DE-CAMP. 49 American cause, but it seems to have filled the mind of Gates with a strange presumption. He neglected to inform the commander-in-chief of his success, and left him to hear of the event by public rumour alone. Moreover, he gave no account of how he intended to dispose of his' victorious troops, and Washington was at this time in great need of rein- forcements. It was therefore resolved, in a council of war, to send Hamilton to Gates with a letter from Washington, of which the following is an extract : — "By this opportunity I do myself the pleasure to congratulate you on the signal success of the army under your command, in compelling General Burgoyne and his whole force to surrender themselves prisoners of war — an event that does the highest honour to the American arms, and which, I hope, will be attended with the most extensive and happy consequences. At the same time, I cannot but regret that a matter of such magnitude, and so interesting to our general operations, shoiild have reached me by report only, or through the channel of letters not beariag that authenticity which the importance of it required, and which it would have received by a line under your signature stating the simple fact." Besides this dignified rebuke, Hamilton was the E 50 THE AIDE-DE-CAMP. bearer of instructions, in virtue of -whicli lie was to represent to General Gates the situation of the main army, and to urge on him the necessity of imme- diately detaching a portion of his forces to the assis- tance of his chief. On reaching Albany, he found Gates most unwilling to comply with Washington's wishes, ready to make any excuse for detaining the troops, and supported in his views by many of his officers, and by the New England States. It was a difficult position for a young man like Hamilton, thus brought into direct collision with a general flushed with conquest, in the midst of his popularity and triumph. But he never hesitated in the straight line of duty. Having advanced every argument he could think of, in favour of sending the rec[uired reinforcements, and finding that Gates would only agree, and that most reluctantly, to spare the weakest of three brigades at his disposal, he at once addressed him in language which could not be misunderstood or disregarded. " Knowing that General Washington wished me to pay the greatest deference to your judgment," he wrote, "I ventured so far to deviate from the instructions he gave me, as to consent, in compliance with your opinion, that- two brigades should remain here instead of one. At the same THE AIDE-DE-CAMP. 51 time, permit me to observe, that I am not myself sensible of the expediency of keeping more than one, Tvith the detached regiments in the neighbourhood of this place. . . . When I preferred your opinion to other considerations, I did not imagine you would pitch upon a brigade little more than half as large as the others, and finding this to be the case, I indispensably owe it to my duty to desire, in his Excellenmjs name, that another may go instead of the one intended, and without loss of time." — And to General Putnam, who also hesitated to send forward some troops, which had been ordered to join the main army, he wrote still more emphatically, as follows : — " I cannot forbear confessing, that I am astonished and alarmed beyond measure, to find that all his Excellency's views have been hitherto frus- trated, and that no single step of those I mentioned to you has been taken, to afford him the aid he absolutely stands in need of, and by delaying which the cause of America is put to the utmost conceivable hazard. ... I now, sir, in the most explicit terms, by his Excellency's authority, give it as a ^positive orHerfrom him, that all the Continental troops under your command may be immediately marched to E 2 52 THE AIDE-DE-CAMP. King's Ferry, there to cross the river, and hasten to reiaforce the army under him." This bold and determined attitude, which was probahly little expected ia one so young, had the desired effect ; and he now lent his personal aid in pushing on the reinforcements as fast as possible. It was when exhausted by his efforts, and suffering under severe Ulness, that he had the satisfaction of receiving the unq[ualiiied approbation of his chief. " I approve entirely," wrote Washington, " of all the steps you have . taken, and have only to wish, that the exertions of those you have had to deal with had kept pace with your zeal and good intentions." — And when Putnam complained of Hamilton's m- jurious reflections, Washington answered : — " The urgency of Colonel Hamilton's letter was owing to his knowledge of our wants in this quarter, and to a certainty that there was no danger to be appre- hended from New York, if you sent all the Conti- nental troops that were then with you, and waited to replace them by those expected down the river. I cannot but say there has been more delay in the march of the troops than I think necessary ; and I could wish that in future my orders may be im- THE AIDE-DE-CAMP. 53 mediately complied with, without arguing upon the propriety of them. If any accident ensues from obeying them, the fault will lie upon me, and not upon you." It was indeed high time for Washington to assert his authority. A cabal had been formed to deprive Mm virtually of his command ; and, notwithstanding the victory of Saratoga, this was perhaps the darkest hour for America of the whole war. Whilst Howe, reinforced by Lord Cornwallis, was advancing against him, and Forts MifiiLu and Mercer fell into the hands of the enemy, Washington, waiting ia vain for the expected succours, which might have enabled him to change the fortune of the campaign, was exposed to every kind of intrigue and calmnny. In Congress, as well as in the army, he was attacked with bitter and shameless ingratitude, and every art was used to exalt General Gates at his expense. General Conway, an Irishman by birth, who had been for some years in the service of Prance, appears to have taken a prominent part in these plots. It was he who wrote to Gates : — " Heaven has deter- mined to save your country, or a weak geTieral and had counsellors would have ruined it!" — which passage, coming to the knowledge of Washington, was by 54 THE AIDE-DE-CAMP. him sent back to Conway without further comment. Yet, although this incident was a matter of notoriety, Conway was soon after appointed to the important ofiice of inspector-general, and Gates himseK was made President of the Board of War, with the evident intention of checking, if not superseding, the com- mander-in-chief As Washington retired to his dreary winter-quarters at Valley Forge, about twenty miles from Philadelphia, with his poor, half-famished army, ragged and shoeless, and marking their foot- steps with their blood— left almost entirely without money, clothing, or provisions, and unable to obtain any assistance from Congress, who now seemed rather inclined to counteract his measures — ^his rivals were taunting him with incapacity, and expressing their weU-feigned astonishment, that he did not keep the open field. Sadly and wearily must he have looked round on the forlorn prospect ; but his great soul never failed him, and neither neglect, nor insults, any more than toil and danger, could move the iron resolution, which was yet to triumph over all diffi- culties. In this conjuncture, however, the pen of Hamilton was once more of essential service. Scarcely re- covered from his late indisposition, we find him THE AIDE-DE-CAMP. 55 again at Washington's side, engaged in a correspon- dence, that exposed and confounded the machinations of his enemies. Lafayette too, whom the conspirators had sought to seduce to their faction, rejected all their offers, and stood firmly and consistently by his chief And, whatever might be the case with general of&cers, and members of Congress, nothing could shake the faith of the soldiers in their leader. They loved, and honoured, and trusted Mm, in the midst of their own sufferings and privations, and thereby paid an unconscious tribute to the moral influence of wisdom and virtue. In the end, the cabal was utterly defeated, and most of its adherents sank into obscurity and oblivion ; but, while it lasted, it was fraught with incalculable dangers, and tried to the utmost the temper and judgment of Washington, as well as the fidelity and devotion of his friends. To Hamilton, it was already apparent, that a marked degeneracy had taken place in Congress. It was no longer the same body which, at its first meeting, commanded the admiration of Chatham. The spirit of intrigue had infected its members ; favouritism and injustice, caprice and indecision, improvidence on the one hand, and false economy on the other, began to characterize all their proceedings. The 56 THE AIDE-DE-CAMP. inquiring mind of Hamilton sougM to ascertain the reasons for this change. " America once had a re- presentation/' he writes to Governor Clinton, " that would do honour to any age or nation. The present falling ofp is very alarming and dangerous. "What is the cause ? and how is it to be remedied ? are questions that the welfare of these States requires should be well attended to. The great men, who composed our first council — are they dead, have they deserted the cause, or what has become of them ? Very few are dead, and still fewer have deserted the cause ; they are all, except the few who still remain in Congress, either in the field, or in the civil offices of their respective States ; the greater part are en- gaged in the latter. The only remedy, then, is to take them out of these employments, and return them to the place where their presence is infinitely more important. Each State, in order to promote its own internal government and prosperity, has selected its best members to fill the ofBces within itself, and conduct its own affairs. Men have been .fonder of the emoluments and conveniences of being employed at home; and local attachment, falsely operating, has made them more provident for the particular interests of the States to which they THE AIDE-DE-CAMP. 57 belong, than for the common interests of the con- federacy. This is a most pernicious mistake, and must be corrected. However important it is to give form and ef&ciency to your interior constitu- tions and police, it is infinitely more important to have a wise general council; otherwise, a failure of the measures of the Union will overturn all your labours for the advancement of your particular good, and ruin the common cause. You should not beggar the councils of the United States, to enrich the administration of the several members. Eealize to yourselves the consequences of having a Congress despised at home and abroad. How can the common force be exerted, if the power of collecting it be put in weak, foolish, and unsteady hands ? How can we hope for success in our European negotia^ tions, if the nations of Europe have no confidence in the wisdom and vigour of the great Continental government ? " Thus early had the difficulties of a federal organi- zation forced themselves on the notice of that keen observer; and already was the young soldier occu- pied with the problems of the future statesman. Meanwhile, the year 1778 had opened in clouds and darkness on the encampment at Valley Forge. 58 THE AIDE-DE-CAMP. Famine and pestilence were in the American army ; and the numbers of the effective troops were so greatly reduced, that it seems almost certain, that, had they been vigorously attacked by the English, they must have suffered a disastrous defeat. Yet they struggled on through the winter, without yield- ing to despair, and the month of May brought them the important intelligence, that a treaty of defensive alliance had been concluded between France and the United States. The news revived the drooping spirits of the Americans, and was received, through- out the country, with solemn thanksgivings and public rejoicings. It might, indeed, have been anticipated. From the first, France had secretly encouraged the revo- lution; and, long before the breaking out of actual war, had been preparing to use the colonies as an instrument of aggression against Great Britain. It now rests on the unquestionable evidence of original documents, that, as far back as 1766, the Duke de Choiseul was sending agents to America, "for the purpose of putting the king in a condition to be able to undertake useful operations against his enemies ;" and that he constantly impressed on the French ambassadors in London, to keep him THE AIDE-DE-CAMF. 59 regularly informed on American affairs, with a view to tlie ultimate dismemberment of the British empire. The same policy seems to have been taken up by the Coimt de Vergennes ia 1775, though at first with considerable caution; While assuring the English government, "that the king's inclination, as well as a sense of justice, would prevent his majesty from ever favouring the troubles in America," he had a secret agent at Philadelphia, in direct com- munication with* Franklin and the leaders of the colonists. This agent was to hold out hopes, with- out giving any definite promises, so as to leave France at liberty to take advantage of events. And in a paper drawn up by the Count de Yergennes himself, in 1776, to be laid before the king, it is assumed, as a matter of course, that the interests of France and Spain, and those of humanity in general, must be served by the injury and humilia- tion of England; and it is recommended, that the English ministry be kept in ignorance of the inten- tions of the French government, but that the in- surgents be clandestinely supplied with money and military stores, and that France proceed to arm as quietly and circumspectly as possible. There can be no doubt that this treacherous and 60 THE AIDE-DE-CAMP. imwortliy policy was inspired solely by hatred of England, and not in the slightest degree by love of American freedom. Yet a claim has often since been made on the gratitude of America, as though she were under lasting obligations to the chivalrous generosity of France. The truth is, that the French government, which had never forgiven the loss of Canada, saw an opportunity of takiag revenge on an old rival, and had not the virtue or magnanimity to forego it. The Americans profited by assistance which was to them of the utmost value; but the wisest amongst them detected the motives of their new allies, and received the services rendered with the caution and suspicion they deserved. However, as far as England was concerned, France had now thrown off the mask, and a French fleet was on its way to America. Meanwhile, Sir William Howe had been recalled, and Sir Henry CUnton was left in command at Philadelphia. He resolved to evactuate the city, and to remove his army to the neighbourhood of New York. Washington had in- telligence of the march, and hastened to follow on his track. General Charles Lee, who had lately been released from his captivity (having been ex- changed for General Prescott), and who appears to THE AIDE-DE-CAMP. 61 have returned to Ms duty as wrong-headed and impracticable as ever, was strongly opposed to attack- ing the enemy on this occasion. With his consent, therefore, the advance was confided to Lafayette ; but scarcely had this arrangement been made, when Lee altered his mind, claimed the command of the vanguard as senior officer, and prevailed upon Washington to send him forward to the front. He came up with the enemy near Monmouth Court House, and, in accordance with the instructions of his chief, commenced the engagement by falling on the rear of the British, while Washington pushed on to support him with the main body of the army. Hamilton, who had been incessantly passing to and fro between the generals, with orders and messages, was just reporting Lee's position to Washington, and the latter was standing with his arm thrown over his horse, halting for a few minutes at a place where two roads met, when, to his great surprise, he was joined by some fugitives from the front, who announced that the vanguard was in full retreat. Spurring rapidly forward, he reached a rising ground, when he beheld Lee approaclung with the rest of his division. It was one of the few times in his 62 THE AIDE-DE-CAMP. life when Washington's indignation was thoroughly aroused, and in such moments he is said to have been terrible in his anger. "What is the meaning of all this, sir?" he ex- claimed, as Lee rode up to him. " I desire to know the meaning of this disorder and confusion." Lee hesitated, and attempted to explain that he had been deceived by contradictory intelligence, and that he did not choose to beard the whole British army in such a situation. " I have certain information," cried Washington, " that it was merely a strong covering party." " It was stronger than mine," replied Lee, " and I did not think proper to run -the risk." "I am very sorry," rejoined Washington, "that you undertook the command, unless you meant to fight the enemy." " I did not think it prudent to bring on a general engagement," persisted Lee. "Whatever your opinion may have been," said Washington, " I expected my orders would have been obeyed." When Hamilton was afterwards asked, whether Washington was not provoked to cursing at this THE AIDE-DE-CAMP. 63 interview, he gave the memorable answer : " Wash- ington was careful of his words. He had no time to curse. He had to retrieve the day." Hamilton's own exclamation at the moment had been : " Let us all die here, rather than retreat ! " — and when, at the voice of their great commander, the troops rallied on the heights, and once more formed in face of the enemy, it was the young aide- de-camp, who galloped here and there to bring up the artillery, and led a charge with the bayonet, which afforded time to complete the order of battle. The English were ultimately repulsed, and Wash- ington lay that night on the field, with Lafayette beside him, at the foot of a tree. Hamilton was thoroughly exhausted, for he had ridden all day in the heat, bare-headed ; his horse had been shot under him, and he was much hurt by the faU. When morning dawned, the Americans found to their astonishment, that Sir Henry Clinton had decamped with his army in the darkness, and was already many miles on his way to New York. The part which Lee took in this affair was never fully explained. It was the subject of a long inves- tigation by a court-martial, which pronounced, that he had made " an unrmcessary, and in some instances 64 THE AIDE-DE-CAMP. a disorderly retreat," but which seems to have ac- quitted him of all suspicion of cowardice or treachery. His conduct may probably be ascribed to a perverse waywardness of disposition, rather than to any deliberate design. He was sentenced to be sus- pended for a year, and, at the end of that time, he wrote so insolent a letter to Congress, that he was finally dismissed from the service. He retired to his estate in Virginia, and lived a solitary life in the midst of his dogs and horses ; but he was bitter in his enmity to Washington, and often assailed him with sarcasm and invective. The latter bore these attacks with a noble patience ; and when, after Lee's death, he was consulted as to the publication of the general's manuscripts, which might contain matter hostile to himself, he simply answered : " I can have no request to make concerning the work. I never had a difference with that gentleman but on public grounds ; and my conduct towards him on this occasion was such only as I felt myself indispensably bound to adopt, in discharge of the public trust reposed in me. If this produced in him unfavourable sentiments of me, I can never consider the conduct I pursued with respect to him either wrong or im- proper, however I may regret, that it may have been THE AIDE-DE-CAMP. 65 differently viewed by Mm, and that it excited his anger and animadversions. Should there appear in General Lee's writings anything injurious or un- friendly to me, the impartial and dispassionate world must decide how far I deserved it, from the general tenour of my conduct." , An impartial posterity has long ago decided between "Washington and his opponents ; but, during his life, he was constantly exposed to malice and detraction. It was one sure sign of his greatness, that he was never moved frorft a settled purpose by calumny or clamour ; but it was another, and still rarer quality of his mind, that he did full justice to the merits even of his most vindictive assailants. In the ca,ge of Lee, for instance, he always acknowledged the good points of that eccentric soldier, and, if he mentioned him at all, spoke of hiTn without asperity. Lee, on the contrary, retained his prejudices to the last. He left directions by his vsdll, that he was not to be buried in any church or churchyard, or within a mile of any meeting-house, for the whimsical reason "that he had kept so much bad company while living, that he did not choose to continue it when dead." And, with this misanthropical jest, he passes away from history — a man, who had seen many wars. 66 THE AIDE-DE-CAMP.* and done good service in his time — but -who failed in the main through his impatient self-will, and the caprices of an ungovernable temper. "Within a few days of the battle of Monmouth Court House, a Erench fleet arrived at the mouth of the Delaware. Washington at once despatched Hamilton, to confer with the Count D'Estaing, thj commander of the expedition. The first design was to attack New York, and, when this was found not feasible, the next attempt was directed against Ehode Island. Eut some delay had taken place, and, just as the French and Americans were prepared to act together before Newport, a British fleet suddenly appeared in the dffing. It was Admiral Lord Howe, who, though inferior in force, had not hesitated to put to sea on hearing of the Erench movements. A battle was expected, but, after manoeuvring for two days, the fleets were separated by a violent tempest, and the ships on both sides were so much shattered and disabled, that, while Howe returned to New York, the Erench admiral bore away for Boston, to repair the damage he had sustained. The Americans, thus left alone in front of Newport, accused their allies of deserting them, and were soon after them- selves obliged to retreat. The utmost exasperation THE AIDE-DE-CAMP. 67 prevailed in the army, and th»new alliance appeared to be already in danger. Count D'Estaing was justly offended by the tone adopted towards him, and especially by a protest of American officers, in wlucb his conduct was declared to be " derogatory to the honour of France." He repUed, that such a paper imposed on him "the painful, but necessary law of profound silence," and he no doubt felt deeply wounded by insults, which his position as a com- mander forbade him personally to resent. In these delicate circumstances, it needed all the wisdom of Washington, and all the tact and urbanity of Hamilton, to prevent a rupture. The latter was con^ stantly employed in commivoicatiag with the French, and nothing can be better than the courteous and con- ciliatory style of his letters. He seems to have quite captivated D'Estaing, who, writing to Washington on the subject of a private mission he was about to send to him, says : — " I entreat you not to confide the secret to any person "except Colonel Hamilton. His talents and his personal qualities have secured to him for ever my esteem, my confidence, and my friendship." Having soothed the irritated pride of the French commander, Washington was next occupied with a F 2 68 THE AIDE-DE-CAMP. still more important matter. Lafayette had pro- posed to return home, with the view of concerting with the cabinet of Versailles a magnificent project for the conquest of Canada, by the combined forces of France and the United States. It was a com- plicated scheme, includiag simultaneous attacks on Detroit, Niagara, Oswego, Montreal, and Quebec. Before finally sanctioning the proposal. Congress referred it to the consideration of the commander- in-chief On this, Washington again had recourse to the pen of Hamilton, and a letter was addressed to the President of the Congress, in which, though signed by the general, and doubtless embodying his views, it is impossible not to trace the peculiar manner and turn of thought of the aide-de-camp. " I do not know, sir," it says, " what may be your sentiments in the present case ; but, whatever they are, I am sure I can confide in your honour and friendship, and shall not hesitate to unbosom myself to you on a point of the most delicate and important nature. The question of the Canadian expedition, in the form it now stands, appears to me one of the most interesting that has hitherto agitated our national deliberations. I have one objection to it, untouched ia my public letter, which is in my esti- THE AIDE-DE-CAMP. 69 ination insurmountable, and alarms all my feelings for tlie true and permanent interests of my country. This is the introduction of large bodies of Prench troops into Canada, and putting them in possession of the capital of that province, attached to them by aU the ties of blood, habits, manners, religion, and former connexion of government. "I fear this would be too great a temptation to be resisted, by any power actuated by the common maxims of national policy. Let us realize for a moment the striking advantages France would derive from the possession of Canada; the acquisition of an extensive territory aboundiug in supplies for the use of her islands ; the opening a vast source of the most beneficial commerce with the Indian nations, which she might then monopolize ; the having ports of her own on this continent, iudependent of the precarious good will of an aUy; the engrossing the whole trade of Newfoundland, whenever she pleased, the finest nursery of seamen in the world; the security afforded to her islands ; and, finally, the facility of awing and controlling these States, the natural and most formidable rival of every maritime power in Europe. Canada would be a solid acquisi- tion to France on aU. these ' accounts, and because 70 THE AIDE-DE-CAMP. of the numerous inhabitants, subjects to her by- inclination, who ■ would aid in preserving it under her power against the attempt of every other. "France, acknowledged for some time past the most powerful monarchy in Europe by land, able now to dispute the empire of the sea "with Great Britain, and if joined with Spain I may say certainly superior — possessed of New Orleans on our right, and Canada on our left, and seconded by the nume- rous tribes of Indians in our rear from one extremity to the other, a people so generally friendly to her, and whom she knows so well to conciliate — would, it is much to be apprehended, have it in her power to give law to these States. " Let us suppose, that when the five thousand Prench troops (and under the idea of that number twice. as many might be introduced) had entered the city of Quebec, they should declare an intention to hold Canada, as a pledge and security for the debts due to Prance from the United States ; or, under other specious pretences, hold the place tUl they can find a bone for contention, and in the meanwhile excite the Canadians to engage in sup- portiag their pretensions and claims ; what should we be able to say, with only four or five thousand THE AIDE-DE-CAMP. 71 men to carry on tlie dispute 1 It may -be supposed, that Trance would not choose to renounce our friend- ship by a step of this kind, as the consequence would probably be a reunion with England, on some terms or other, and the loss of what she had ac- quired in so . violent and unjustifiable a manner, with all the advantages of an alliance with- us. This, in my opinion, is too slender a security against the measure, to be relied on. The truth of the position will entirely depend on naval events. If France and Spain should unite, and obtain a decided supe- riority by sea, a reunion with England would avail very little, and might be set at defiance. France, with a numerous army at command, might throw in what number of land forces she thought proper, to support her pretensions ; and England, without men, without money, and inferior on her favourite element, could give no effectual aid to oppose them. Eesentment, reproaches, and submission seem to be all that would be left us. Men are very apt to run into extremes. Hatred to England may carry some into excess of confidence in France, especially when motives of gratitude are thrown into the scale. Men of this description would be unwilling to sup- pose France capable of acting so ungenerous a part. 72 THE AIDE-DE-CAMP. I am heartily disposed to entertain the most favour- able sentiments of oux new ally, and to cherish them in others to a reasonable degree. But it is a maxim, founded on the universal experience of man- kind, that no nation is to be trusted further than it is bound by its interests ; and no prudent statesman or politician mil venture to depart from it. In our circumstances, we ought to be particularly cautious ; for we have not yet attained sufficient vigour and maturity to recover from the shock of any false step into which we may unwarily fall. " If France should even engage in the scheme, in the first instance, with the purest intentions, there is the greatest danger, that, in the progress of the business, invited to it by circumstances, and perhaps urged on by the solicitations and wishes of the Canadians, she would alter her views. "As the marquis (Lafayette) clothed his proposi- tion, when he spoke of it to me, it would seem to have originated wholly with himself; but it is far from impossible, that it had its birth in the cabinet of France, and was put into this artful dress to give it the readier currency. I fancy that I read in. the countenances of some people, on this occasion, more than the disinterested zeal of allies. I hope THE AIDE-DE-CAMP. 73 I am mistaken, and that my fears of mischief make me refine too much, and awaken jealousies that have no sufScient foundation. "But upon the whole, sir, to waive every other consideration, I do not like to add to the number of our national obligations. I would wish, as much as possible, to avoid giving a foreign power new claims of merit for services performed to the United States, and would ask no assistance that is not ia- dispensable." This wise and statesmanlike paper sufficiently shows, that the sagacious minds, which had most laboured to protect the French alliance from unjust and injurious suspicions, were fully ahve to its real dangers. Indeed, in some respects, it had already proved less advantageous than was expected. While it had roused the pride of England to new efforts, it had produced a perilous feeling of security in America, and led to a relaxation of the national energies. Washington found it more difficult than ever to' recruit his army, or to obtain the necessary supplies, and during some of the winter months, which he spent in Philadelphia, he was a witness of the violent party feuds which had broken out in Congress, and were distractiag the attention of the 74 THE AIDE-DE-CAMP. leaders from tlie great interests of the country. The state of the finances, too, was most alarming ; and several members of the legislature were en- gaged in transactions, which laid them open to the charge of pecuniary dishonesty. Indignant at some of the abuses that happened to fall within his know- ledge, Hamilton wrote a set of essays under the name of Piiblius, which seem to have scattered dismay through the ranks of the intriguers, and to have roused the people to a sense of the risk incurred by the corruption of their representatives. "The station of a member of Congress," he says, in the course of these essays, "is the most illus- trious and important of any I am able to conceive. He is to be regarded not only as a legislator, but as a founder of an empire. A man of virtue and ability, digniiied with such a trust, woidd rejoice that fortune had given him birth at a time, and placed him in circumstances; so favourable for pro- moting human happiness. He would esteem it not more the duty, than the privilege and ornament of his office, to do good to all mankind. From this commanding eminence, he would look down with contempt upon every mean or interested pursuit. " To form useful alliances abroad, to establish a THE AIDE-DE-CAMP. 73 wise govermnent at home, to improve the iaternal resources and finances of the nation, would be the generous objects of his care. He would not allow his attention to be diverted from these, to intrigue for personal connexions to confirm his own influence, nor would he be able to reconcile it, either to the delicacy of his honoiir, or to the dignity of his pride, to confound in the same person the representative of the commonwealth, and the little member of a trading company. Anxious for the permanent power and prosperity of the State, he would labour to perpetuate the union and harmony of the several parts. He would not meanly court a temporary importance, by patronizing the narrow views of local interest, or by encouraging dissensions either among the people or in Congress. In council or debate, he would discover the candour of a statesman, zealous for truth, and the integrity of a patriot, studious of the public welfare ; not the cavilling petulance of an attorney, contending for the triumph of an opinion, nor the perverse duplicity of a partisan, devoted to the service of a cabal. Despising the affectation of superior wisdom, he would prove the extent of his capacity by foreseeing evils, and con- triving expedients to prevent or remedy them. He would not expose the weak sides of the States, to 76 THE AIDE-DE-CAMP. find an opportunity of displaying his own discern- ment by magnifying the follies and mistakes of others. In his transactions with individuals, whether with foreigners or countrymen, his condiict would be guided by the sincerity of a man and the politeness of a gentleman; not by the temporizing flexibility of a courtier, nor the fawniug complaisance of a sycophant." So high was the conception, which Hamilton had formed of the duties and character of a senator ! And so far below it had the reahty already fallen ! It is not possible, however, within the limits of the present work, to describe all the services which Hamilton rendered to the American cause, during the period of his residence in the military family of his chief. Throughout the campaigns of 1779 and 1780, in which Washington acted principally on the defensive, the general and his aide-de-camp were in constant, daily, familiar communication with each other, and labouring incessantly together for the pro- motion of the common interest. Passing over the details of these campaigns, there is one incident, the saddest and most tragical of the war, which, from the part Hamilton took in it, requires a brief notice here, and win form the subject of a separate chapter. CHAPTER ly MAJOE ANDElfi. rriHE city of New York being in tlie hands of -^ the English, it was a prime object with Wash- ington to secure the Highlands of the Hudson ; and, with this view, the important position of "West Point had been strongly fortified. A rocky promontory here commands the river, which is little more than a quarter of a mile in width, as it turns aside from its course before that natural obstruction. The enemy was as anxious to gain the post as the Americans were to defend it, for upon its possession would probably depend the safety of the country beyond — ^the event of, at least, one campaign, and, as some thought, the ultimate fortune of the war. It was in the summer of 1780, that Washington, yielding to the solicitations of Benedict Arnold, confided to his valour and loyalty this momentous charge. No braver soldier had drawn a sword in 78 MAJOK Al^DRlfi. the cause of independence ; and his daring exploits, in the early part of the struggle, had extorted the admiration of friends and foes. There can be little doubt, that it was chiefly to him and Schuyler that Gates was indebted for his victory at Saratoga. Yet his services had not met with the gratitude they deserved; and he had the mortification of seeing his claims passed over, and the representations of Washiagton, in his behalf, neglected by Congress. Unable to emulate or understand the patient magna- nimity of his chief, he seems to have cherished angry and bitter feelings, which were yet to ripen into schemes of violence and revenge. Moreover, he had indulged in habits of luxury and extravagance, which involved him in pecuniary embarrassments, destroyed his sense of honourable independence, and exposed him to fatal temptations. While in command at Philadelphia, he had lived in the most expensive style, engaged in questionable speculations, and incurred debts to a large amount. The envy and Ul-will he provoked by his ostentation, found a vent in all sorts of charges against him. He had lately married Miss Margaret Shippen, a beautiful younw lady, whose family was suspected of hostility to the American cause ; and this was enough to give rise MAJOE ANDE^. 79 to reports injurious to himself. He at first treated these accusations with scorn; hut when they took the form of special complaints to Congress, he de- manded a court-martial to inquire into his conduct. After a full investigation, the only charges that could he proved to his disadvantage were a few venial irregularities, which sink into insignificance hy the side of his brilliant services. Yet he was sentenced to he reprimanded by the commander-in-chief; and, although Washington performed the unpleasant task with the utmost delicacy, and tempered the reproof with many flattering compliments, Arnold could not forget that his country had been much quicker to blame than praise. In addition to all this, he was annoyed by delays in the settlement of his accounts, and felt deeply aggrieved that, while his private debts were pressing upon him, he failed to obtain the money, which he believed to b,e due to him from the nation. It was in this frame of mind that he addressed himself to the French Minister, M. de Luzerne, requesting a loan to extricate him from his difficulties, and hinting that it might be for the interest of the King of France, to secure the attachment of an American general in his position The Frenchman 80 MAJOR AITDK^. very properly replied, that for the envoy of a foreign power to advance money uader such circumstances, would be to huy, and not to secv/re the desired support; and that his master, haviag entered into the league with the United States from motives of justice and policy, could have no objects to serve that were not based on mutual interest and good-will. He was therefore compelled to decline General Arnold's rec[uest, with many expressions of esteem for his character, and admiration of his achievements. It was the gambler's last stake. , From that moment, Arnold was not only a disappointed, but a desperate man. He contrived, however, to conceal his purpose ; and, while he engaged in a treasonable correspondence with Sir Henry Clinton, he impressed Washington with the belief, that he was most anxious for an opportunity of proving the injustice of his enemies, by again rendering some signal service to his country. He obtained the command of West Point, and fixed his head-quarters at Eobinson House, a country-seat on the opposite bank of the river. In the month of September, 1780, Washington had visited Hartford, to hold a conference with Count Eochambeau and other French officers, and on his return to the Hudson, accompanied by Lafayette and MAJOR ANDe£. 81 Knox, it was arranged that they should look in at "West Point, and breakfast ynth Arnold at his quarters. They sent notice of their intention to Eobinson House, and started early in the morning for that place, but, when within about a mile of their destination, Washington turned aside to examine some redoubts. Lafayette observed that Mrs. Arnold would be waiting breakfast, but the general answered, with a smile : " Ah, Marquis ! you young men are all in love with Mrs. Arnold. Go you to breakfast, and tell her not to wait for me. I must ride down to the river, but win be with her shortly." Lafayette and Knox, however, declined to leave their commander, and Hamilton, accompanied by Major M'Hemy, rode on to Eobinson House, with "Washington's apology to Mrs. Arnold, and a request that the breakfast might not be delayed. The two young officers sat down to table with the .family. They were charmed with their a,miable hostess, but could not help remarking that Arnold himseK was silent and gloomy. He might weU be so. Only forty-eight hours before, he had returned from an interview with a British emissary, whom he had met in a lonely spot, beneath the solemn stillness of a midnight sky, to concert a scheme for the betrayal G 82 MAJOR ANDE^. of West Point to tte enemy. The conditions had' been agreed to, and the plot was ripe for execution, when this unexpected visit of Washington seemed likely to interfere with the plan. Before breakfast was ended, Arnold's doubts were changed into a fearful certainty. A messenger arrived with a letter, stating that a British agent had been captured on his way to ISTew York, having papers about him of so dangerous a character, that the officer into whose hands they had fallen had forwarded them at once to Washington. Arnold saw that all was over, but did not lose his presence of mind. He beckoned Mrs. Arnold from the breakfast-room, and told her, in a few words, that he must fly for his life. While she sank fainting on the floor of her chamber, he hastened down stairs, and informed his guests that he had to meet the com- mander-ia-chief at West Point. Then, mounting the horse of the messenger who had brought the letter, he galloped down to the river, threw himself on board his barge, and effected his escape to the British sloop-of-war, VvXture, which lay anchored a few miles below. Meanwhile, Washington arrived at Eobinson House, and, being told that Arnold had gone to meet him at .MAJOE ande:]6. 83 West Point, proceeded thither in search of him. Not finding him at the fortress, he was returning in some surprise to the house, when he saw Hamilton ap-: proaching with hasty step and anxious countenance. He drew the general aside, and spoke to him in a low voice. The packet containing the fatal papers had been sent after Washington from place to place, and, heing deliverd in his absence, was opened by Hamil- ton as his confidential officer. The general received it from his aide-de-camp, read the papers in silence, and then handed them to Lafayette and Knox, with the simple remark : " Whom can we trust now ? " His first thought was to intercept the flight of the traitor, and he at once despatched Hamilton in pur- suit. The latter rode with aU speed to Verplanck's Point, where batteries commanded a lower portion of the river ; but Arnold had passed the spot in safety, and was already on board the Vulture. Then Hamil- ton, having written to General Greene (apparently on his own responsibility) to detach a brigade imme- diately to secure West Point from a surprise, returned to Eobinson House. He seems to have been deeply touched by the grief and despair of Mrs. Arnold. '' Everything affecting," he says, " in female tears, or in the misfortunes of beauty — everything pathetic in g2 84 MAJOR XKDUt. the wounded tenderness of a wife, or in the appre- hensive fondness of a mother — and (till I have reason to change the opinion, I wHl add) everything amiable in suffering innocence — conspired to make her an object of sympathy to all who were present. She experienced the most delicate attentions, and every friendly office, till her departure for Philadelphia." But Hamilton's humane and chivalrous feelings were soon to be strongly aroused in favour of another victim. The English emissary, whose capture had led to the discovery of the plot, was at once perceived to be an officer of distinction, and had himself lost no time in writing to "Washington as follows : — " I beg your Excellency wiU be persuaded that no alteration in the temper of my mind, or apprehen- sion for my safety, induces me to take the step of addressing you, but that it is to secure myself from the imputation of having assumed a mean character for treacherous purposes or self-interest. It is to vindicate my fame that I speak, and not to solicit security. "The person in your possession is Major John Andr^ Adjutant-General of the British army. " The influence of one commander in the army of his adversary is an advantage taken in war. A corre- MAJOR ANDKlfe. 85 spondence for this piirpose I held, as confidential with his Excellency Sir Henry Clinton. To favour it, I agreed to meet, upon ground not within the posts of either army, a person who was to give me intel- ligence. I came up in the Vulture man-of-war for this effect, and was fetched from the shore to the heach. Being there, I was told that the approach of day would prevent my return, and that I must be concealed until the next night. I was in my regimentals, and had fairly risked my person. " Against my stipulation, my intention, and with- out my knowledge beforehand, I was conducted within one of your posts. Thus was I betrayed into the vile condition of an enemy witlun your posts. " Having avowed myself a British officer, I have nothing to reveal but what relates to myself, which is true on the honour of an officer and a gentleman. "The request I have made to your Excellency (and I am conscious that I address myself well) is, that in any rigour policy may dictate, a decency of conduct towards me may mark that, though unfortunate, I am branded with nothing dishonour- able — as no motive could be mine but the service of my king, and as I was involuntarily an impostor.'' This characteristic letter would at once excite the 86 MAJOR ANDE^. interest of brave men in the fate of the prisoner ; and when he was brought to West Point, and it was found that he was a young, amiable, and accom- plished gentleman, most fascinating in manners, agreeable in conversation, and full of the enthusiasm and high spirit of his profession, the sympathy for him was greatly increased. And with it came the sad conviction, that by entering the American lines, and carrying on a secret intercourse with Arnold, he had placed himself in the position of a spy, and was liable to a felon's fate. Sir Henry Clinton claimed the release of Andr^ on the ground that he had visited Arnold at the request of that officer, then in command at West Point — that he had landed under the sanction of a flag of truce, and that he had been stopped when travelling with Arnold's passports. But, unfortu- nately, neither the invitation, nor the flag, nor the passports — all of which would have been good in any ordinary transaction between the parties — could avail, where the intention of the American com- mandant had been known from the flrst to his visitor. A board composed of fourteen general- officers, with Greene at their head — having examined the prisoner, who frankly admitted all the facts MAJOR ANDK^. 87 relating to himself, but declined to implicate any- one else— reported after brief deliberation, that Major Andre must be considered a spy from the enemy, and, according to the law and usage of nations, ought to suffer death. When his sentence was announced to him, Andre remarked, that, since it was his lot to die, there was still a choice in the mode, which would make a material difference to his feelings ; and it was with this view that he addressed the following appeal to Washington : — " Sympathy towards a soldier will surely induce your Excellency and a military tribunal, to adapt the mode of my death to the feelings of a man of honour. Let me hope, sir, that if aught in my character impresses you with esteem towards me — if aught in my misfortimes marks me as the victim of policy, and not of resentment — I shall experience the operation of these feehngs in your breast, by being informed that I am not to die on a gibbet." Wo one acc[uainted with the benevolence of Washington's character can doubt, that it must have cost him many a pang, not only to leave Andr^ to his fate, but to refuse him even his last request. He acted on the conviction that it was necessary to 88 MAJOK ANDK^. make an example, which should deter others from engaging in these secret plots, and, as on many other occasions, he sacrificed his own feelings to a sense of duty. Nor can it be disputed, that he was justified in what he did, by the established prin- ciples of military law. Yet it may be questioned whether, in this instance, the course, which a romantic generosity would have counselled, might not in the end have proved the best and wisest. 1^0 incident of the war made such a painful impres- sion in England as the execution of Andr^, and none left behind it such bitter and lasting memories ; while to have spared his life would have at once been acknowledged as an act of clemency, would have appealed to aU that is noblest in the English character, and would have done more than almost any other conceivable event, to bring about a speedy and complete reconciliation between the two hostile branches of the British race. And, even if this could not be, it would have been in every way expedient to have saved him from the last indignity. No gallows could attach a felon's shame to the brave young soldier, acting under the orders of his chief, and in the service of his country ; and his doom, instead of covering him with ignominy, and striking MAJOB ANDEi. 89 terror in the breasts of others, only excited a storm of mingled pity and indignation. It was a cruel because it was a wholly useless piece of severity. Such at least was the opinion of Hamilton. From the first moment he saw him, he took the warmest interest in Andr^ and did all in his power, if not to avert, at all events to mitigate his doom. He was frequently with him, and paid him every kindly attention that the most generous sympathy could suggest. He seems to have gained his friendship, and to have felt a sincere affection for him. " There was something singularly interesting," he says, " in the character and fortunes of Andrd. To an excellent understanding, well improved by education and travel, he united a peculiar elegance of mind and maimers, and the advantage of a pleasing person. It is said, he possessed a pretty taste for the fine arts, and had himself attained some proficiency in poetry, music, and painting. His knowledge appeared with- out ostentation, and embellished by a diffidence that rarely accompanies so many talents and accomplish- ments." Andr^ opened his heart to Hamilton with- out reserve, and the latter was much impressed by the elevation of his sentiments. " There is only one thing that disturbs my tranquillity," said the captive. 90 MAJOR ANDeI " Sir Henty Clinton has been too good to me ; he has been lavish of his kindness. I am bound to him by too many obligations, and love him too well to bear the thought, that he should reproach himself, or that others should reproach him, on the supposition of my haying conceived myself obliged by his instructions to run the risk I did. I would not for the world leave a sting in his miad that should embitter his future days." He then asked permission to write to Sir Henry on this subject, as weU as to convey his last wishes with regard to his mother and sisters. Hamilton readily obtained compliance with this request, and other alleviations in the condition of the prisoner ; but when he came to speak of the sentence itself, all his efforts were encountered by a stern, im- placable resolution. For the first time, apparently, the general and his aide-de-camp were directly op- posed to each other on a matter of importance, and the whole affair seems to have left a sore and dis- satisfied feeling on the mind of the younger man. '' Poor Andr^ suffers to-day," he writes, on the morning of the execution. "Everything, that is amiable in virtue, in fortitude, in delicate sentiment, and accomplished manners, pleads for him ; but hard-hearted policy calls for a sacrifice. He must MAJOE ANDE^. 91 die. I send you my account of Arnold's affair, and, to justify myseK to your sentiments, I must inform you, that I urged a compliance with Andre's request to be shot, and I do not think it would have had an ill effect; hut some people are only sensible to motives of policy, and sometimes, from a narrow dis- position, mistake it. " When Andrd's tale comes to be told, and present resentment is over, the refusing him the privilege of choosing the manner of his death will he branded with too much ohstinacy. " It was proposed to me to suggest to him the idea of an exchange for Arnold ; but I know I should have forfeited his esteem by doing it, and therefore declined it. As a man of honour, he could not but reject it ; and I would not for the world have pro- posed to biTTi a thing, which must have placed me in the unamiable light of supposing him capable of a meanness, or of not feeling myself the impropriety of the measure. I confess to you, I had the weak- ness to value the esteem of a dying man, because I reverenced his merit." AH the chivalry of Hamilton's character speaks in the last paragraph. It is true, that Arnold was safe under the shelter of that British flag, which never 92 MAJOR ANDR^. yet betrayed the fugitive who trusted to its protec- tion, and that no English general would have con- sented to purchase the life of friend or brother, by delivering up the renegade whose proffered services he had once accepted. But Hamilton felt that there was dishonour in the very proposal, and that he should forfeit the esteem of Andr6 by even mention- ing it to him. He measured the nobleness of the victim by his own lofty standard. On that fatal morniug, there was a gloomy silence in the camp, and, excepting the brigade on duty, officers. and soldiers retired to their tents. It was the natural and spontaneous delicacy of true valour. Having breakfasted, and dressed himseK with care in the full uniform of a British officer, Andr4 walked calmly to the place of execution. There was a serene smile on his lips, but, when he came in sight of the gibbet, he asked with some emotion : " Must I then die in this manner?" Being told it was inevitable, he said : " It will be but a momentary pang ; " and, springing upon the cart, he made the necessary preparations with admirable composure. He was informed, that the last moment was at hand, if he had anything more to say. "Nothing," he answered, " but to request you will bear witness, that MAJOE ANDE^. 93 I meet my fate like a brave man." It was the dying tliouglit of a soldier, who felt that he had to maintain the martial honour of his country. The tale has been told a thousand times, and still affects us, almost as it affected our grandfathers. In America, as in England, the name of Andr^ still awakens a sensation of sorrowing pity. " It was among the extraordinary circumstances that attended him," says Hamilton, " that, in the midst of his enemies, he died universally regretted, and univer- sally esteemed." And with regard to Hamilton himself, nothing is more fitted to endear his memory to gentle hearts on both sides of the Atlantic, than the generous humanity he displayed in the case of the unfortunate Andr4. CHAPTER V. CLOSE OF THE WAE. nriHE struggle had now lasted for upwards of -■- five years, and still there seemed to be no sign of a speedy termination of the contest. Both France and Spain were in alliance with America, Holland was threatening to join the coalition, and the States of Northern Europe had united in an armed neutrality against the naval pretensions of Great Britain; but still the invincible pride of England refused to yield. On her own element, Eodney maintained her supremacy; from the rock of Gibraltar, her flag waved defiance to the world ; and she clung with desperate tenacity to what re- mained of her dominion on the continent of America. "When the prolonged resistance to the independence of the colonies is ascribed (as it often is) to the obstinacy of George III, it should not be forgotten that, throughout the greater part of the war, the king fairly represented the opinions of the majority of the aOSE OP THE WAE. 95 nation. There was, indeed, a minority, brilliant in eloq[uence and talent, wlio, from the first, had taken the side of the Americans ; but even these were slow to acquiesce in the dismemberment of the empire, and the main body of the people looked upon the surrender of their transatlantic possessions as tanta- mount to disgrace and ruin. We have since learned, indeed, that a kindred race may be more valuable as friends and customers than as subjects, and that a sovereignty which can only be preserved by force is not worth preserving at all : but the lesson was hard to learn; and the knowledge of that fact should make us tolerant in our judgment of others, who, in our own day, have striven, with equal stubbornness, and hitherto with as doubtful fortune, to uphold the integrity of an empire against states resolved to be independent. Meanwhile, the Americans had to suffer many privations, and were by no means exempt from reverses. Charleston had been taken by the English ; and, in North Carolina, Lord Comwallis had surprised and defeated Gates, whose military reputation was rapidly declining. Besides all the old difficulties, Washington had to contend with a mutiny in his army, arising from the neglect of Congress to provide 96 CLOSE OF THE WAE. pay for the men, and also from a breach of faith in detaining them heyond their term of enlistment. But, ia fact, the Confederacy was altogether dis- organized ; and the finances were in such a condition that it was almost impossible to raise money for any purpose. Hamilton, who saw more clearly than most men the full danger of the situation, was also one of the first to divine the causes of the existing evils, and to suggest a remedy. He traced the weak- ness and insoh'-ency of the Congress in a great measure to the want of a central authority, and to the loose way in which the States were held together, without any settled government for the whole Con- federacy. And already his busy and versatile mind had sketched the plan of a Constitution for the Union. "At the age of three-and-twenty," says an able American writer, Mr. George Ticknor Curtis, " he had already formed well-defined, profound, and comprehensive opinions on the situation and wants of these States. He had clearly discerned the prac- ticability of forming a confederated government, and adapting it to their peculiar conditions, resources, and exigencies. He had wrought out for himself a political system, far in advance of ithe conceptions of his contemporaries." CLOSE OF THE WAE. 97 And, until a definite Constitution could he agreed upon, he suggested, as measures of primary import- ance — 1st. An army raised for the war, and not for any shorter term. 2d. A foreign loan, to extricate the Congress from the immediate pressure of insol- vency. 3d. Full powers to the same body, to deal with all matters of war, peace, trade, and finance, that concerned the common interest. 4th. The appointment of executive officers, instead of boards, to administer the several departments of the public service. 5th. The establishment of a national bank, to regulate the issue of notes, and to place the cur- rency of the country on a solid basis. Yet all this activity of mind did not prevent his attending to interests of a more tender nature. He was at this time paying Ms addresses to Miss Eliza Schuyler, second daughter of the gallant general of that name, and in December, 1780, he was married to the lady of his choice, at her father's house in Albany. She is described by a French traveller as a charming woman, who united to grace and beauty " all the candour and simplicity of an American wife." By this marriage, Hamilton became perma- nently established as a resident in the State of New York. H 98 CLOSE OF THE WAR. And now an event occurred which has occasioned much discussion, and which certainly cannot he recorded without regret. A misunderstanding arose between Washington and his favourite aide-de-camp, which led to the resignation by the latter of his place on the staff. Hamilton's account of the affair is con- tained in a letter to General Schuyler : — " Since I had the pleasure of writing you last, an unexpected change has taken place in my situation. I am no longer a member of the general's family. This information will surprise you, and the manner of the change will surprise you more. Two days ago the general and I passed each other on the stairs ; he told me he wanted to speak to me. I answered, that I would wait upon him immediately. I went below, and delivered Mr. Tilghman a letter to be sent to the Commissary, containing an order of a pressing nature. " Eeturning to the general, I was stopped on the way by the Marquis de Lafayette, and we conversed together about a minute on a matter of business. He can testify how impatient I was to get back, and that I left him in a manner which, but for ciur intimacy, would have been more than abrupt. Instead of finding the general, as is usual, in his room, I met him at the CLOSE OF THE WAR. 99 head of the stairs, where, accosting me in an angry- tone — ' Colonel Hamilton/ said he, ' you have 'kept me waiting at the head of the stairs these ten minutes. I must tell you, sir, you treat me with disrespect.' — I replied without petulancy, but with decision : ' I am not conscious of it, sir ; but since you have thought it necessary to teU me so, we part.' — ' Very well, sir,' said he, ' if it be your choice,' or somethiHg to this effect, and we separated. I sincerely believe my - absence, which gave so much umbrage, did not last two miautes. " In less than an hour after, Tilghman came to me in the general's name, assuring me of his great con- fidence in my abilities, integrity, usefulness, &c., and of his desire, in a candid conversation, to heal a difference which could not have happened but in a moment of passion. I requested Mr. Tilghman to tell biTiri — 1st, that I had taken my resolution in a manner not to be revoked; 2d, that, as a conversa- tion could serve no other purpose than to produce explanations mutually disagreeable, though I cer- tainly would not refuse an interview if he desired it, yet I would be happy if he would permit me to decline it ; 3d, that, though determined to leave the family, the same principles which had kept me so H 2 100 CLOSE OF THE WAR. long in it would continue to direct my conduct towards him when out of it; 4th, that, however, I did not wish to distress him or the public business, by ■quitting him before he could derive other assistance by the return of some of the gentlemen who were absent ; 5th, that, in the meantime, it depended on him to let our behaviour to each other be the same as if nothing had happened. He consented to decline the conversation, and thanked me for my offer of continuing my aid in the manner I had mentioned. " I have given you so particular a detail of our difference, from the desire I have to justify myself in your opinion. Perhaps, you may think I was pre- cipitate, in neglecting the overture made by the general to an accommodation. I assure you, my dear sir, it was not the effect of resentment ; it was the deliberate resvilt of maxims I had long formed for the government of my own conduct. " I always disliked the office of an aide-de-camp, as having in it a kind of personal dependence. ... It has often been with great difficulty that I have pre- vailed upon myself not to renounce it; but while, from motives of public utility, I was doing violence to my feelings, I was always determined, if there should ever happen a breach between us, never to CLOSE OF THE WAK, 101' consent to an accommodation. I was persuaded that, when once that nice barrier which marked the boun- daries of what we owed to each other should be thrown down, it might be propped again, but could never be restored." There is something so singular in this transaction, 9,s to appear almost inexplicable. It is difficult to believe, that the intimate and endearing relations of those four memorable years could have been thus suddenly interrupted from so inadequate a cause; and, considering the difference in rank and age of the parties concerned, it is impossible to deny, that the conduct of the younger man (on his own showing) was marked by a haughtiness, not to say presumption, which even his great talents and ser- vices could not justify. On the other hand, Wash- ington appears to much advantage, in his readiness to make the first advances towards reconciliation, and in the prompt and generous assurance of his unaltered esteem for Hamilton. Schuyler (a punc- tilious and chivalrous gentleman) was evidently of opinion, that the general's friendly explanation ought to have been accepted, for he thus writes in reply to his son-in-law : — " Long before I had the least intimation that you 102 CLOSE OF THE WAE. intended that connexion with my family, which is so very pleasing to me, and which affords me such extreme satisfaction, I had studied your character, and that of the other gentlemen who composed the general's family. I thought I discovered in all an attention to the duties of their station ; in some a considerable degree of ability ; but (without a com- pliment, for I trust there is no necessity of that between us) in you only I found those qualifications, so essentially necessary to the man who is to aid and counsel a commanding general, environed with difficulties of every kind, and those, perhaps, more and of greater magnitude than any other ever had to encounter — whose correspondence must be exten- sive, always interesting, and frequently so delicate, as to require much judgment and address to be pro- perly managed. The public voice has confirmed the idea I had formed of you ; but what is most con- soling to me, and more honourable to you, men of genius, observation, and judgment think as I do on the occasion. Your quittiag your station must, therefore, be productive of very material injuries to the public ; and this consideration, exclusive of others, impels me to wish that the unhappy breach should be closed, and a mutual confidence restored. CLOSE OF THE WAE. 103 You may both of you imagine when you separate, that the cause will remain a secret ; but I will venture to speak decidedly, and say it is impossible. I fear the effect, especially with the French officers' with the French minister, and even with the French court. These already observe too many divisions between iis. They know and acknowledge your abilities, and how necessary you are to the general. Indeed, how will the loss be replaced ? " It is evident, my dear sir, that the general con- ceived himself the aggressor, and that he quickly repented of the insult. He wished to heal a dif- ference, which would not have happened but in a moment of passion. It falls to the lot of few men to pass through life, without one of those unguarded moments, which wound the feelings of a friend. Let us then impute them to the frailties of human nature, and, with Sterne's recording angel, drop a tear, and blot them out of the page of life. I do not mean to reprehend the maxims you have formed for your conduct. They are laudable; and yet, though generally approved, times and circumstances sometimes render a deviation necessary and justifi- able. This necessity now exists in the distresses of your country. Make the sacrifice. The greater 104< CLOSE OF THE "WAR., it is, the more glorious to you. Your services are wanted. Tliey are wanted in tliat particular station, wMcli you have already filled so beneficially to the public, and with such extensive reputation." These arguments would in general have had great weight with Hamilton, but, in the present instance, they failed of their effect. He adhered to his resolu- tion; and, at this distance of time, we can only account for it by supposing, that there were other causes for the step he took than the slight alterca- tion on the stairs. It may have been, as some have suggested, that even the strong and well-balanced mind of "Washington, harassed by constant annoy- ance, had given way to an irritability that made the situation of his aide-de-camp peculiarly irksome. Or, as others have thought, Hamilton, desirous of obtaining a separate military command, and so of distinguishing himself on a wider field, may have taken the first opportunity of parting from Washing- ton. But neither of these theories is quite consistent with the characters of these two illustrious men. It seems more probable, that some previous offence had been given, perhaps unconsciously ; and it may well be, that, in such an affair as that of Andre, vehe- ment remonstrance on the one side, and stern refusal ClOSB OF THE WAE. 105 on the other, may have led, for a time, to coldness and estrangement. But, whatever the cause of the difference, it is satisfactory to know, that it did not -ttitimately impair that noble friendship. A day was to come when Washington again found in Hamilton his most tried and faithful counsellor, and, to the hour of his death, he never spoke or wrote of him but in terms of affectionate esteem. It was in the month of April, 1781, that Hamilton retired from the staff, and, in the July following, he obtained the command of a battalion. In the brief interval of repose, he had occupied himself in writing a series of essaj'-s, called the Continentalist, with the view of impressing on the people the necessity of those reforms in their government which he had already suggested. But the time had now arrived for decisive action on the part of the American army. After a campaign in North Carolina, Lord CornwaUis had entered Virginia, and was encamped on York Eiver. Washington still remained in the neighbourhood of New York, where Sir Henry Clinton was in daily expectation of being attacked by him, when tidings reached the American general, that the Count de Grasse, with a French fleet and army, was on his way to the Chesapeake 106 CLOSE OF THE WAR. Washington at once saw that the blow must be struck in Virginia. With great secrecy and despatch, having first garrisoned West Point and the posts on the Hudson, he led his troops southwards. The English were not aware of his departure, untU. he was far upon the road, and it was too late for Sir Henry Clinton to oppose any obstacles to the march. Passing through Philadelphia and Baltimore, Wash- ington heard, on his way, of the safe arrival of the Prench, and that York Eiver was blockaded by their fleet, while Lafayette had effected a junction with their land forces. Awakened to a sense of his danger, Cornwallis attempted to retreat to the Caro- linas, but it was no longer possible. He found himself surrounded by enemies, and had no choice but to fall back on his intrenchments at Yorktown. On the 28th of September, the combined armies proceeded to invest the place, and their first parallel was opened on the 6th of October. On the 9th and 10th, three Prench and three American batteries poured a continuous and heavy fire on the besieged, and, on the 11th, the second parallel was opened within three hundred and sixty yards of their works. Cooped up in his defences, with an army reduced to not more than six or seven thousand men, Corn- CLOSE OF THE WAE. 107 wallis felt that, unless relieved, his case was despe- rate. He resolved, however, to make a vigorous resistance, and severely galled the Americans from two redoubts, which enfiladed the line of their intrenchments. These redoubts it was determined to carry by storm, and the one was to be attacked by the American light infantry, while the other was assigned to the French grenadiers and chasseurs. Hamilton had started on the campaign, impatient and eager to distinguish himself. He now saw the opportunity he had so long desired, for, on the day of the assault, his turn of duty had come round. To his great mortification, he found that another officer had been appointed to lead the attack. He instantly appealed to Washington, and claimed his right as the officer of the day. His claim was admitted, and he returned in the highest spirits to his men, repeating : " We have it ! we have it ! " At eight o'clock in the evening of the 14th of October, two rockets gave the signal for the simul- taneous attacks on the redoubts. Hamilton rushed forward at the head of his party, who, without waiting for the sappers to demolish the ahatlis, pushed or pulled them down with their hands, and scrambled over. Placing his foot on the 108 CLOSE OF THE WAE. shoulder of a soldier, who knelt on one knee for the purpose, Hamilton was the first to mount the parapet. He stood on it for a moment with three of his men, calling on the others to follow, and then jumped into the ditch. Exposed to a tre- mendous fire he reached the counterscarp, made his way over every obstacle, and carried the work at the point of the bayonet. So impetuous had been the assault, that the whole affair only lasted a few minutes. And the iastant he found himself in possession of the redoubt, his humanity was as conspicuous as Ms valour. He checked his men in the rush and fury of the onslaught, turned aside a bayonet that was directed against the breast of Colonel Campbell, and so well exerted his authority, that not one 'of the enemy was injured after the resistance had ceased. The French attacked the other redoubt in a more regular manner, and were much longer about it ; but they also ultimately succeeded in their part of the enterprise. The next day Cornwallis wrote to Sir Henry- Clinton : — " Last evening, the enemy carried my two advanced redoubts on the left by storm, and during the night have included them in their second parallel, which they are at present busy in perfecting. CLOSE OF THE WAR. 109 My situation now becomes very critical; we dare not show a gun to their old batteries, and I expect tbat their new ones will open to-morrow morning. Experience has shown that our fresh earth-works do not resist their powerful artillery, so that we shall soon be exposed to an assault in ruined works, in a bad position, and with weakened numbers. The safety of the place is, therefore, so precarious, that I cannot recommend that the fleet and army should run great risk in endeavouring to save us." But, while Cornwallis thus generously warned his countrymen not to expose themselves to immi- nent danger on his account, he was himself ready to dare the worst, rather than surrender. Having tried a sortie, which, though gallantly conducted, was repulsed by superior numbers, he resolved on a desperate attempt to escape. His plan was to leave his sick, wounded, and baggage ; to cross over to Gloucester Point, on the opposite side of the river, in the night — to attack the enemy's camp there, and mount his infantry on the captured cavalry horses, and such others as could be col- lected — and then to push on northwards, and fight his way through Maryland, Pennsylvania, and the Jerseys, to New York. Wild as it appears, the 110 CLOSE OF THE WAR. scheme might possibly have succeeded ; but, when a portion of the troops had actually crossed over, and a second division was preparing to follow, a violent storm arose, which dispersed the boats, and drove them down the river. The day broke before the passage could be effected, and it was with great difficulty that the advanced party could be brought back again. All hope was now at an end, and to save the lives of the brave troops who had stood by him with dauntless resolution, and only waited his orders to bury themselves with him in the ruins of Torktown, Cornwallis at length consented to capitulate. Though the terms granted were not dishonourable, it was with difficulty that the British soldiers could be brought to submit to a humiliation, which England, in the long course of her annals, has not often suffered at the hands of any foe. They marched out slowly and sullenly, their drums beating a British march, and threw down their arms with a violence that threatened to break them to pieces. But the officers bowed courteously to each other, whilst both French and Americans looked on without any demonstrations of triumph, and showed their respect for gallant enemies by an expressive silence. CLOSE OF THE WAE. Ill Yet the joy was great and general throughout the Confederacy, and the consternation scarcely less so in the United Kingdom. "When Lord North received the news in Downing Street, he considered it as decisive of the contest. "He took it," said Lord George Germaine, who brought him the tidings, "as he would have taken a ball in the breast; for he opened his arms, exclaiming wildly, as he paced up and down the apartment : God ! it is all over ! " The part which Hamilton performed in this affair gained him universal honour, and his bearing under it was equally becoming. He received the con- gratulations of his feUow-soldiers with modest dignity, and it was in these quiet and unpretending terms that he wrote to his wife with reference to his late exploit : — " Two nights ago, my Eliza, my duty and my honour obliged me to take a step in which your happiness was too much risked. I commanded an attack upon one of the enemy's redoubts ; we carried it in an instant; and with little loss. You will see the particulars in the Philadelphia papers. There will be, certainly, no- thing more of this kind ; all the rest will be by approach ; and if there should be another occasion it wOl not fall to my lot to execute it." 112 CLOSE OF THE WAK. Cornwallis having surrendered, and the efforts of General Greene in South Carolina having brought the campaign there to a successful issue for the Americans, Sir Henry Clinton was left to act wholly on the defensive, and the war was virtually at an end. It was true that England might yet renew the struggle ; but it was generally believed that she was weary of so unprofitable a contest, and that, if she could succeed in striking some great blow at her old enemies of France and Spain, she would be willing to let her rebellious children depart in peace. A few months later, Eodney's great victory restored to her the imdisputed empire of the sea, the East and West Indies were once more within her grasp, and the vaunted floating batteries of the Chevalier d'Ar^on perished in blood and fire beneath the guns of Gibraltar — ^but Lord North's administration had already fallen before a hostile vote of the House of Commons, and no further operations were attempted on the continent of America. Meanwhile, the Confederacy waited in an attitude of expectation, and Hamilton returned home to Albany to his wife and new-born child. He expressed his intention of retiring from active service, but at the same time announced that he CLOSE OF THE WAE. 113; shoiild always be ready at the call of his country to act in any capacity that might be required. Convinced that the war was drawing to a close, he had already determined to engage in a profession which would enable him to support his family in comfort and independence. It was now the spring of 1782, and the soldier of five-and-twenty (to whom had been committed such important interests as were hardly ever before confided to a man so young) withdrew from the field with no emolument but his fame, and set himself to study the law, in preparation for an entirely new career. De- clining the generous offers of Schuyler, and re- gardless of the advice of friends, who wished him to apply to Congress for some employment worthy of his talents and eminent services, he resolved to trust to himself alone for the advancement of his fortunes. Within four months from the commence- of his studies, he had composed for his own use a Manual on the Practice of the Law, which subse- quently served as a guide for future students, and became the groundwork of enlarged treatises on the subject. The same vigour of mind, which he had displayed in aU other pursuits, enabled him to master with ease the difficulties and subtleties I 114 CLOSE OF THE WAE. of legal procedure, and in after years lie 'attained the position of a leading practitioner at the bar. But while he was employed in preparing for his new profession, his attention was never whoUy diverted from politics. In June, 1782, he is found strongly protesting against the contemplated exe- cution of Captain Asgill, a young British officer, who had been selected by lot from the other prisoners, to suffer in retaliation for the murder of an American captain, named Huddy, put to death by some refugees on the English side. "A sacrifice of this sort," he says, "is entirely repug- nant to the genius of the age we live in, and is without example in modern history, nor can it fail to be considered in Europe as wanton and unneces- sary. It appears that the enemy (from necessity, I grant, but the operation is the same) have changed their system, and adopted a more humane one ; and, therefore, the only justifying motive of retalia- tion, the preventing a repetition of cruelty, ceases. But, if this were not the case, so solemn and de- liberate a sacrifice of the innocent for the guilty must be condemned on the present received notions of humanity, and encourage an opinion, that we are in a certain degree ia a state of barbarism. OLOSE OF THE WAE. 115 Gur affairs are now in a prosperous train, and so Adgorous, I would rather say so violent a measure, would want the plea of necessity. It would argue meanness in us, that at this late stage of the war, in the midst of success, we should suddenly depart from that temper with which we have all along borne with as great, and more frequent provo- cations." These moderate and humane counsels were soon after backed by the representations of the Court of France, moved by the intercession of the young officer's mother to Queen Marie Antoinette, and Captain Asgill was ultimately set at liberty, and restored to his friends ; but in this, as in other instances, Hamilton had the merit of upholding the cause of mercy from the first, and of seeing at a glance that it was identical with the true policy of his country. He was next appointed Eeceiver of Continental Taxes in the State of New York — a newly-created office, which he held only for a short time — and, a little later, he was elected a delegate to Congress. He entered that body with a high reputation for ability, which he more than justified in the sequel General Schuyler, writing to his daughter from Philadelphia, in December, 1782, thus speaks of 116 CLOSE OF THE WAE: his son-in-law : — " Participate afresh in the satis- faction I experience from the connexion you have made with my beloved Hamilton. He affords me happiness too exqiiisite for expression. I daily experience the pleasure of hearing encomiums on his virtue and abilities, from those who are capable of distinguishing between real and pretended merit. He is considered, as he certainly is, the ornament of his country, and capable of rendering it the most essential services, if his advice and suggestions are attended to. In short, every true patriot rejoices that he is one of the great council of these States." The principal questions, which occupied the atten- tion of Congress during this session, were the ad- justment of the terms of peace with England, the reduction of the expenditure of the Confederacy, the disbanding of the army, and the organization of a peace establishment. No authentic reports of the debates exist, but it is well known that Hamilton took an important part in almost every discussion, and that his influence was felt and acknowledged from the commencement. He had clearly before his mind one grand design — the union of the several States into a nation, under a free and settled govern- ment — and to this end he devoted aU his energies. CLOSE OF THE WAE. 117 He was aware that, to effect his purpose, many petty fears, many local jealousies, must be met and con- quered ; but, above and before all, he was convinced that the Congress must begin by redeeming its credit, and satisfying aU who had rightful claims on its justice or its gratitude, if it hoped to establish the Confederacy on sure and lasting foimdations. One of the chief difficulties was the army. After aU its hard service, it was about to be disbanded, without any provision for the promised half-pay of the of&cers, or even for the arrears due to the men. The treasury was empty, and could only be reple- nished with the consent of the several States ; for Congress had no authority to raise taxes, and the concurrence of nine States was required even to contract a loan, or to appropriate public money. The soldiers saw with dismay that, now they were no longer needed, their claims were likely to be postponed to an indefinite future, and they not un- naturally resolved to ask for justice, while they had yet arms in their hands, and were able to enforce their demands. Meetings were held, and language was uttered in the army, which filled the peaceable citizens with alarm, and it needed all the firmness, the moderation, and the popularity of Washington 118 CLOSE OF THE WAK. to avert the danger. He addressed the ofScers in terms which found a way to their hearts, and im- plored them by every consideration of honour and patriotism, not to suUy the glory they had acquired, hy any violent or mutinous conduct. He pledged himself to exert whatever abilities he possessed in their favour ; but he conjured them to rely on the plighted faith of their country, and to place full confidence in the purity of the intentions of Con- gress. He produced a letter he had received, to prove the good disposition of the governing body, and when, after reading the first paragraph, he paused to take out his spectacles, and excused himself with the remark, " that he had grown gray in their service, and now found himself growing blind," every heart was touched, and every eye moistened. He finished by persuading them to wait the result of the delibe- rations in Congress, and not to take any measures that might " open the floodgates of civil discord, and deluge their rising empire in blood." While Washington was thus labouring to control the impatience of the army, and at the same time representing their grievances to Congress, Hamilton was pleading their cause in the bosom of that assembly, Eenouncing his own claim to half-pay CLOSE OF THE WAR. 119 from motives of delicacy, he fought the battle of his fellow-soldiers with dauntless and resolute per- severance. The debates were long and stormy, and Hamilton, who had nothing to conceal, wished them to be op6n to the public ; but in this he was over- ruled by the majority, and the delegate from Ehode Island observed, "that if the member wished to display his eloq^uence, he should address the people from the balcony." No taimts or opposition, how- ever, could silence the gifted orator in his advocacy of the claims of justice. The decision was indeed delayed, till the troops were on the verge of mutiny, but Hamilton and the friends of fair dealing at length prevailed. Nine States were brought to agree in a tardy and reluctant act of good faith. The half- pay was commuted into a sum equal to five years' full pay, for which securities were to be issued, Kke those given to the other public creditors, with in- terest at six per cent. In the resolution making this grant (which had been prepared by Hamilton) it was stated, "that Congress was desirous, as well of gratifying the reasonable expectations of the officers of the army, as of removing aU objections which may exist in any part of the United States to the principle of the half-pay establishment— 120 CLOSE OP THE WAE. persuaded that those objections can only arise from the nature of the compensation, not from any indis- position to compensate those whose services, sacri- fices, and sufferings have so just a title to the approbation and rewards of their country." And now the news arrived, that the long-wished- for peace was really concluded. In December, 1782, George III. had already acknowledged the indepen- dence of the American Colonies in the speech from the throne. "In thus admitting their separation," he said, " from the Crown of these kingdoms, I have sacrificed every consideration of my own to the wishes and opinion of my people. I make it my humble and earnest prayer to Almighty God, that Great Britain may not feel the evils which might resvlt from so great a dismemberment of the empire ; and that America may be free from those calamities, which have formerly proved in the mother-country how essential monarchy is to the enjoyment of constitutional liberty. Eeligion, language, interest, affections, may, and I hope will, yet prove a bond of permanent union between the two countries. To this end neither attention nor disposition shall be wanting on my part." On the 20th of the following January, the preliminaries of peace were signed at CLOSE OF THE WAR. 121 Paris, and a letter from Lafayette, who had returned to his native country, first brought the tidings of the event to America. The vessel, which carried the letter, reached Philadelphia on the 23d of March, 1783. The people of the United States have never stood so high in the estimation of mankLad as they did at this moment. The internal dissensions which had begun to darken the face of their triumph were not perceptible abroad, their financial difficulties were rightly ascribed to the inevitable results of war, and whatever weakness might be inherent in their Con- federacy was unknown or disregarded. It was only remembered that they had ventured all in defence of those liberties which they claimed as their birthright ; that, through eight long years, they had maintained the struggle with singular courage, per- severance, and sagacity ; that they had raised armies, organized a government, contracted foreign alliances, and finally succeeded in establishing their indepen- dence, and taking their place amongst the recognized powers of the world ; and that all this had been done with means apparently inadeq[uate, and had not been accompanied with the excesses of revo- lutionary violence, No wonder that the philan- 122 CLOSE OF THE WAK. thropists of all countries hailed their success as a great step in the progress of humanity, and looked to their future as fuU of hope and prondse. It seemed as if the problem of centuries was ahout to be solved by the young Eepublic of the Weat^ and that the nations were at length to behold the spectacle of a people entirely self-governed, with wisdom and virtue enough to unite aU the conditions of order, security, and freedom. It remains to be seen how far the hope has been realized, and the briUiant promise fulfilled. CHAPTEE VI. THE CONPEDBRACY IN DANGER. SCAECELY was the termination of the war known in America, when Hamilton thus wrote to Washington : — " Your Excellency will, before this reaches you, have received a letter from the Marquis de Lafayette, informing you that the preliminaries of peace, between all the belligerent powers, have been concluded. I congratulate your Excellency on this happy conclusion of your labours. It now only remains to make solid establishments within, to perpetuate our Union, to prevent our being a ball in the hands of European powers, bandied against each other at their pleasure; in fine, to make our independence truly a blessing. This, it is to be lamented, will be an arduous work; for, to borrow a figure from mechanics, the centrifugal is much stronger than the centripetal force in these States. The seeds of disunion are much more numerous 124 THE CONFEDERA.CY IN DANGBE. than those of union. I will add, that your Excel- lency's exertions are as essential to accomplish this end, as they have been to establish independence." A few days after, "Washington replied in these terms: — "I rejoice most exceedingly there is an end to our warfare, and that such a field is open to our view, as will, with wisdom to direct the cultivation of it, make us a great, a respectable, and a happy people; but it must be improved by other means than state politics and unreasonable jealousies and prejudices, or it requires not the second-sight to see that we shall be instruments in the hands of our enemies. . . . My wish to see the Union of these States established upon liberal and permanent principles, and inclination to con- tribute my mite in pointing out the defects of the present constitution, are equally great. All my private letters have teemed with these sentiments, and, wherever this topic has been the subject of conversation, I have endeavoured to diffuse and enforce them; but how far any further essay by me might be productive of the wished-for end, or appear to arrogate more than belongs to me, depends so much upon popular opinion, and the temper and disposition of people, that it is not THE CONFEDEKACY IN DANGER. 125 easy to decide. I shall be obliged to you, how- ever, for the thoughts you have promised me on this subject, and as soon as you can make it convenient. No man in the United States is or can be more deeply impressed with the necessity of a reform in our present Confederation than myself No man, perhaps, has felt the bad effects of it more sensibly; for to the defects thereof, and want of powers in Congress, may justly he ascribed the prolongation of the war, and, consequently, the ea^enses occasioned hy it. More than half of the perplexities I have experienced in the course of my command, and almost the whole of the diffi- culties and distress of the army, have their origin here ; but stiQ, the prejudices of some, the designs of others, and the mere machinery of the majority, make address and management necessary to give weight to opinions, which are to combat the doctrines of these different classes of men in the field of politics." The general and his former aide-de-camp were thus fully agreed in the necessity of a change in the consti- tution, and, indeed, the defects of the Confederacy soon forced themselves on the attention of all sober and thoughtful miads. It had originated in a league 126 THE CONFEDERACY IN DANGER. of independent States for a special purpose, and the first Congress was nothing more than a volun- tary meeting of delegates from separate communi- ties, to concert measures of resistance, to the demands of England. When war became imminent, they were obliged to raise a continental army, to appoint a commander-in-chief, and to do other acts of sovereignty, which are generally supposed to belong exclusively to a national government. A little later, the Declaration of Independence expressly established the principle, that the United States could enter into treaties, contract alliances, levy war, or conclude peace, in their corporate capacity. And on the 17th of November, 1777, Congress recommended the thirteen States to invest their delegates with competent powers to subscribe articles of Confederation and Perpetual Union; but this recommendation was not finally adopted by all the States, till after a delay of nearly three years and a half. New Hampshire, Massachusetts, Ehode Island, Connecticut, New York, Pennsylvania, Vir- ginia, and South Carolina, ratified the Articles on the 9th of July, 1778 ; North Carolina followed on the 21st of July, Georgia on the 24th of the same month, and New Jersey on the 26th of November ; THE CONFEDEEACY IN DANGER. 127 but Delaware did not sign till the 5th of May, 1779, and Maryland not till the 1st of March, 1781. These Articles of Confederation were, in them- selves, very vague and unsatisfactory. They declared, as might have been expected, that their object was to establish a permanent Union, for their common defence, the security of their liberties, and their mutual and general weKare. They provided, that the free iahabitants of each State should be entitled to all the privileges of free citizens in the several States ; that there should be an open intercourse and commerce between them; that fugitives from justice should be delivered up by one State to an- other ; and that full credit should be given iu each State to the records, acts, and judicial proceedings of every other State. But they likewise declared, that each State retained its sovereignty, freedom, and independence, and every power, jurisdiction, and right, not expressly delegated by the instru- ment itself to the United States in Congress as- sembled. The Congress was to consist of one Eepresentative Assembly, elected by the several States, in such manner as the Legislature of each State might determine ; but no State was to be repre- sented by more than seven, or less than two delegates. 128 THE CONFEDERACY IN DANGER. and, in deciding any question, eacH State was to have one vote. To the Congress, so constituted, was committed the sole right of determining on peace and war, of sending and receiving ambassadors, of entering into treaties and alliances, of dealing with all captures and prizes, of granting letters of marque and reprisal, and of establishing courts for the trial of piracies and felonies on the high seas. It was also invested with power to decide, in the last resort, all disputes between two or more States, concerning boundary, jurisdiction, or any other cause ; to regu- late the alloy and value of coin, struck by its own authority, or that of the respective States ; to fix the standard of weights and measures ; to regulate the trade with the Indians ; to take the management of the post-offices; and generally to appoint all officers in the service of the United States, and to direct the operations of the forces by sea and land. But the restrictions which accompanied these powers rendered them almost nugatory. By the same instrument it was provided, that Congress should never engage in a war, nor grant letters of marque or reprisal, nor enter into any treaties or THE CONFEDERACY IN DANGER. 129 alliances, nor coin money or regulate its value, not ascertain the sums of money necessary for the puhlic defence and welfare, nor emit bills, nor borrow money on the credit of the United States, nor appropriate money, nor agree upon the number of vessels for the navy, or the number of land and sea forces to be raised, nor appoint a commander- in-chief, unless nine States should assent to the same. And, while aU expenses for the common defence and welfare had to be defrayed out of a 'public treasury, this treasmy was to be supplied, not by taxes, duties, or imposts levied by the authority of Congress, hut ly taxes laid and levied ly the Legislatures of the several States, in proportion to the value of the land, buildings, and improvements within the limits of each State. And although the Articles of Confederation declared that every State should abide by the decision of Congress, on all the questions subject to the control of that body, they contained no provision for enforcing its • measures, and practically left every State at liberty to disregard them, unless constrained by the feax of the penalties of civil war. There was, indeed, one security against the dis- solution of the Confederacy, in the existence of a K IBO THE CONEEDEEACY IN DANGER. vast territory, as yet unoccupied, tut hereafter to "be formed into new States and Governments, which Was held, as it were, in trust by Congress, for the benefit of the whole Union. It was clear that no single State could withdraw from the Confederacy, without risking its interest in these possessions, ■and there can be little doubt that this consideration ■had a powerful influence in binding the States together. StUl, whatever may have been the force of this motive, and of those recollections of common danger and glory, whicb had been Mt by the events of the war, it soon became apparent, when the pressure from without was removed by the return of peace, that the several members of the league had a strong tendency to fly asunder, 'and that the constitution they had adopted was far too feeble to serve as a restraining tie. The proofs of the weakness of the government Were too patent to be denied. While Hamilton was urging a provision for the maintenance of a peace establishment of military and naval forces,- the mutiny of some eighty soldiers at Philadelphia, and the refusal of the local authorities to call out the militia, obliged Confess to leave that place, and to. adjourn to Princeton, in New -Jersey. It .THE CONFEDEKACY IN DASTGEI^. 131 afterwards removed to Aimapolis ; and, as tlie States oould not agree on a seat of government, it seemed likely to become a migratory body, with constantly diminishing numbers and influence. It had so dwindled away, that in December, 1783, on the solemn occasion when Washington came to resign his trust into the hands of the country he had saved, only seven States, represented by about twenty delegates, took part in the ceremony. And when the Treaty of Peace was finally to be ratified by the Legislature, many weeks elapsed before the attendance of the required number of nine States could be pro- cured, and, even then, only three-and-twenty members were present at the ratification. Such was the body — so powerless, and already grown so neglectful of its duties — that was expected to meet aU the difficulties of the transition from war to peace, to maintain the faith of the country with foreign nations, to uphold its credit abroad and at home, and to preserve and perpetuate the Union. Some stood aghast at the prospect, and others attempted to avert the danger by temporary expedients. Hamilton, and Hamilton alone, saw the fuU extent of the peril, and was prepared to devise a remedy. He entered into a complete K 2 132 .THE CONFEDEKACY IN DANGER. examination of the principles of the existing Con- federation, and condemned them as utterly im- practicable, and incapable of adaptation or amend- ment. He held that the only course was for Congress freely and frankly to inform the country of the defects under which they laboured, and which made it impossible for them to conduct the public affairs with honour to themselves or advan- tage to the Union ; and to recommend to the several States to appoint a Convention, with full powers to revise the Confederation, and to adopt and pro- pose such alterations in the constitution and govern- ment as should appear necessary, to be finally approved or rejected by the respective States. With this, purpose, he drew up a set of resolutions to be submitted to Congress, which afford the most striking evidence of his far-reaching views, and contain the first germ of the future constitution of his country. In them he pointed out that the Confederation was essentially defective : 1st. In confining the Federal Government within too narrow limits ; in withholding from it ef&cacious authority and influence in all matters of common concern; in embarrassing general provisions by unnecessary details and inconvenient exceptions, THE CONFEDEEACY IN DANGER. 133 tending to create jealousies and disputes between the Union and the particular States. 2d. In confounding legislative and executive powers in a single body, contrary to the most ap- proved and well-founded maxims of free govern- ment, which require that the legislative, executive, and judicial authorities should be deposited in dis- tinct and separate hands. 3d. In the want of a Federal Judicature, having cognisance of all matters of general concern in the last resort, especially those in which foreign nations and their subjects are interested ; from which defect the national treaties were liable to be in- fringed, the national faith violated, and the public tranquillity disturbed. 4th. In vesting the United States in Congress assembled with the power of general taxation for certain purposes, and yet rendering that power nugatory, by withholding from them all control over either the imposition or collection of taxes. 5th. In fixing a rule for determining the pro- portion of each State towards the common charges, which, if practicable at all, must in the execution be attended with great expense, inequality, un- certainty, and difBculty. 134 THE CONFEDERACY IN DANGER. 6th. In authorizing Congress to borrow money, or emit bills, on the credit of the United States, without the power of establishing funds to secure the repayment of the money, or the redemption of the bills. And, indeed, in authorizing Congress at all to emit an unfwnded ^paper as the sign of value — a resource indispensable in the commence- ment of the Eevolution, but in its nature pregnant with abuses, liable to be made the engine of im- position and fraud, and pernicious to the integrity of government and to the morals of the people. 'Tth. In not making proper or competent pro- vision for interior or exterior defence. 8th. In not vesting in the United States a general superintendence of trade, equally necessary in the view of revenue and regulation, 9th. In defeating essential powers by provisoes and limitations inconsistent with their nature ; as the power of making treaties with foreign nations, provided that no treaty of commerce shall be made restricting the respective States from imposing du- ties, "or from prohibiting the importation or ex- portation of any species of goods or eommodities whatsoever." 10th. In granting to the .United States the sole THE .CONFEDERACY IN DANGER. 135 power of regulating the alloy aixd value of coin struck by their' own authority, or that of the re- spective States, without the power of regulating foreign coin in circulation. 11th. In requiring the assent of nine States to matters of principal importance, and of seven States to all others, except adjournments from day to day — a rule destructive of vigour, consistency, oj expedition in affairs, and tending to subject the sense of the majority to that of the minority, by putting it in the power of a small combination to retard, and even to frustrate, the most necessary measures. 12th. In vesting in the Federal Government th§ sole direction of the interests of the United States in their intercourse with foreign nations, without empowering it to pass all general laws in aid and support, of the laws of nations ; for the want of which authority the faith of the United States might be broken, their reputation sullied, and their peace interrupted,, by the fl,,egligenoe or mis* conception of any particular State. ^ The resolutions then go on to declare that, whereast experience has clearly manifested that the powers, reserved to. the Union, aje unequal to the purposes 136 THE CONFEDEEACY IN DAl^GEK. of the- comTnon welfare and defence — whereas the United States have been too often compelled to make the administration of their affairs a succession of temporary expedients^ inconsistent with order, economy, energy, or a scrupulous adherence to the public engagements, and now find themselves, at the close of a glorious struggle for independence, without any certain means of doing justice to those who have fought and suffered, and contributed their property and personal service to the common cause ; whereas the security of their funded debt depends on the precarious concurrence of thirteen distinct deliberative assemblies, the dissent of any one of which might leave these States, at this early- period of their existence, involved in all the disgrace and mischief of violated faith and national bankruptcy — and whereas it is essential to the happiness and security of these States, that their Union should be established on the most solid foundations, and it is manifest that this desirable object cannot be effected but by a Govbbnment, capable, both in peace and war, of making every member of the Union contribute in just proportion to the common necessities, and directing the forces and wills of the several parts to a general end — Congress conceive it to be their THE CONFEDEEACY IN DANGEE. 137 duty freely to. state to their constituents the defects which have heen discovered in the Confederation, and solemnly to call their attention to a thorough revisal of the same. The above is a brief summary of these important resolutions, every line of which deserved the at- tentive consideration of persons calling themselves statesmen. But, as usual with him, Hamilton was anticipating the progress of opinion. He found that it would be impossible to carry his proposal through Congress, and he was unwilling to risk the injurious effect of its formal rejection. Waiting for the period when his principles would be forced on the nation by the lessons of a bitter experience, he withdrew his resolutions, leaving this endorse- ment on the draft he had made of them : — "Intended to be submitted to Congress in 1783, but abandoned for want of support." No doubt, many regarded him as a dangerous innovator, objected to him as a political theorist, or smiled at him as a visionary. " But the tem- porary expedients of the moment," says Mr. Curtis, in his lucid History of the Constitution, " always pass away. The great ideas of a statesman like Hamilton, earnestly bent on the discovery and in- 138 THE. aONFEDEEACY IN DANGER cidcation of truth, do not pass away. Wiser than those by whom he was surrounded, with a deeper knowledge of the science of government and th^ wants of the country than aU of them, and con- stantly enunciating- principles which extended far beyond the temporizing policy of the hour, the smUes of his opponents only prove to posterity how far he was in advance of them." Perceiving, however, that he could effect little good for the present, and anxious to maintain his family by the practice of an honourable profession, Hamilton determined to retire from Congress. Be- fore the resignation of Washington, or the ratifi- fication of the Treaty, he had already returaed home. It is now generally admitted, that the: interval which elapsed between the Peace of 1783 and the Convention of 1787 was fuU of extreme peril to the Confederacy., While Congress was sinking in the public estimation, unable to preserve its credit, or fulfil tke national obligations, the jealousies and rivalries of the States were on the increase, and patriotism usually took the form of some narrow, local attachment. The people of America, united for a season by the great struggle for independency, THE CONFEDERACY IN DANGER. 139 seemed about to spKt into a number of obscure and hostile factions, who only agreed in their devotion to republican forms, and in their antipathy to anjiihing that resembled a strong government. It was observed that the relaxation of authority had been followed by a corresponding change in manners — that the old respect of servants for masters, of children for their parents, of the young for the aged, was on the wane — that politeness and reverence were giving place to a rude and boisterous self-assertion — and, while good men apprehended a moral and social deterioration, merely prudent men looked forward with dismay to the prospect of political anarchy. CHAPTEE VII. HAMILTON AT THE BAK. WHEN the British evacuated New York in 1783, that city numbered only twenty-five thousand inhabitants. It was, however, already a place of importance, and the return of peace secured for it a speedy accession of wealth and commerce. It was there that Hamilton, resolved to fix his residence, and to commence the practice of his profession. The first cause in which he was engaged exactly suited his character and talents. An action was brought by an American citizen against a British subject, under a local statute, which authorized proceedings for trespass by persons who had left their abodes in consequence of the invasion of the enemy, against those who had been in possession of the premises during the war. The statute ex- pressly precluded a justification of the occupancy by virtue of any military order. The case involved HAMILTON AT THE BAR, 141 many others, and affected a large amount of pro- perty; and, under the cireunistances of the times, the plaintiff had all the sympathy of a population which had suffered greatly from the war, and now looked for redress and restitution from the laws of their country. But the treaty with Great Britain had secured an amnesty for acts done during the war ;' and it was without precedent, that, after the conclusion of peace, suits could be commenced hy the subjects of one belligerent against those of another, for injuries com- mitted during the war % military orders. It was obvious that the law of nations was here in collision with the local statute, and it became of the utmost urgency to determine whether the court would up- hold the State-legislation, against the constitutional powers of Congress to bind aU. the members of the Confederacy by treaty. It was a question of national faith and honour, and might be attended with the most momentous consequences. The attorney-general o£ the State appeared for the plaintiff. The statute was explicit and obliga- tory. ISTo court of limited jurisdiction could look beyond it. Look where ? To the law of nations ? That law was unsettled, changeable, affording no 142 HAMILTON AT THE BAE. certain rule, and ought to have no influence on the government of this State. The war was unjust. By an unjust war the unjust party can acquire no rights. Nor was that court to be bound by the treaty. New Tork was a sovereign, independent State. Congress had no power to bind the State in this matter, and could not by treaty give away the rights of its citizens. A case lilce this had never before been heard of It was without a precedent, and he stood upon the statute. Then Hamilton rose for the defendant. He began by dilating on the importance of the question, which might affect aU the relations of two great empires, be discussed in Europe, produce a good or bad impres- sion of America, and establish precedents that would give a complexion to future decisions, and be handed down to posterity as indicating the character of Ame- rican jurisprudence. They were told there was no precedent. Then, indeed, it was a new case, and a new case must be determined by the law of nature and the public good. But this case could be decided by the laws of nations. He was asked, "Where are they to be found? He answered, that they were the deductions of reason, collected from the prin- ciples laid down by writers on the, subject, estab- ■HAMILTON AT THE EAK. 143 lished by the authorized practice of nations, and a part of the law of the land. The laws of nations and the laws of war are part of the common law. After an ahle argument, to show how the general principles of the law of nations applied to the matter in hand, Hamilton proceeded to address him- self to the special effect of the treaty, with a view to prove that this action could not be maintained without a violation of the terms -of peace. The treaty included an amnesty, which was of its very essence, and which applied to private persons as well 3u& to the public. To say that Congress had no right to bind the State was to reduce the Confederation to the " shadow of a shade." But Congress had an uncLuestionable right. The sovereignty and inde- pendence of the people began by a Federal act ; foreign nations only recognized it in the Union ; and the Union was known and legalized in the constitution of New York. The Confederation had left to Congress the full and exclusive powers of war, peace, and treaty. The power of making peace is the power of determining its conditions. It is a rule of reason and law, that, to whomsoever any thing is granted, fliat also is granted without which it cannot exist. It is true that the power in this 144 HAMILTON AT THE- BAR. case did not permit the making all possible conr ditions — suet, as dismembering the empire, or sur- rendering the liberties of the people ; but it included the power of making aU reasonable aiid usual con- ditions — such as a remission of damages — for, with- out it, the state of war would continue. But could Congress, by treaty, give away the rights of citizens of New York ? To this Hamilton answered : — 1st. That the citizens of New York had given them power to do it for their own safety. — ' 2d. That the property of all the individual members of a State is the property of the State itself, in regard to other nations. Hence, an injury from the Govern- ment gives a right to take away, in war, the property of its innocent subjects. Hence, also, the claim of damages for injuries done is in the public, who may agree for an equivalent, or release the claim without it. Hence, to make the defendant answerable would be a breach of the treaty of peace. It would be a breach, also, of the Confederation. Congress having made a treaty pursuant to their power, a breach of that trea,ty would be a violation of their constitu- tional authority, and a breach of the Confederation. The power of Congress in making treaties is of a legislative kind; their proclamation, enjoinino- the HAMILTON AT THE BAE. 145 observance of a treaty, is a law, and a law paramount to that of any particular State. If it be said that the sovereign authority may, for reasons of state, violate its treaties, and that the laws in violation of them bind its own subjects ; it is not true that the sovereignty of any one State has legally this power, for it has delegated all power of the kind to Congress, who are equally to judge of the neces- sity of breaking, as of the propriety of making treaties. If it be said that the accession to the Confedera- tion was an act of the Legislature, and why may not another act alter or dissolve it? — the answer is, that the Union was known in the constitution as pre-existing, and that the act of Confederation was a modification and abridgment of Federal authority. But, if this were not the case, the reasoning would not apply. For the government of ]^ew York, in acceding to the Confederation, must be considered, not as a sovereign enacting a law, but as a party to a contract. It is absurd to say that one of the parties to a contract may, at pleasure, alter it without the consent of the others. It is not denied that a part of an empire may, in certain cases, dismember itself from the rest. L 146 HAMILTON AT THE BAK. But this supposes a dissolution of the original compact. While the Confederation exists, a law of a particular State derogating from its constitutional authority is no law. But how are the judges to decide ? they are servants of the State ! — The answer is, that the Confederation having vested no judicial powers in Congress, excepting in prize causes, in all other matters the judges of each State must, of necessity, be judges of the United States, and take notice of the law of Congress as a part of the law of the land. It is conceded that the Legislature of one State cannot repeal a law of the United States. When there are two laws, one not repealing the other, the judges must construe them so as to make them stand together. And, where two laws clash, that which relates to the most important concerns ought to prevail. "Many of these arguments," he continued, "are on the supposition that the trespass act cannot stand with the laws of nations and the treaty. It may, however, legally receive such a construc- tion as will stand with all; and to give it this construction is precisely the duty of the court. We have seen that to make the defendant liable would be to violate the laws of nations, and to forfeit HAMILTON AT THE BAE. 147 our character as a civilized people; to violate a solemn treaty of peace, and revive the state of hostility; to infringe the Confederation of the United States, and to endanger the peace of the whole. Can we suppose aU this to have been intended by the Legislature ? The answer is : The law cannot suppose it ; if it were intended, the act is void!" He then proceeded to lay down rules for the construction of statutes, which would render this extremity unnecessary ; and, after a minute investi- gation of the jurisdiction of the court, and of the distinctions to be taken between American citizens and British subjects, claiming the protection of the law of nations, he wound up with a vehement exhortation to preserve the Confederation and the national faith, and concluded in the words of Seneca : " Fides sanctificissimum ihumani pectoris honum est." The above argument, although much abridged, has been given at some length, not only as charac- teristic of Hamilton, but because it deals with a great constitutional difficulty, which is constantly reappearing in the history of the United States It is this conflict between State rights and Federal authority which has coloured almost every event L 2 148 HAMILTON AT THE BAR. in the annals of America, influenced the men and measures of the last eighty years, and been the rock on which the republic was ever in danger of splitting. To Hamilton belongs the merit, that he was the first clearly to perceive, and distinctly to point out, the full extent of the danger, and his whole subsequent life was devoted to efforts to remedy and correct the evil. If he did not entirely succeed, it was owing to circumstances beyond the control of any statesman, and to him at least his country is indebted for such a solution of the problem, as secured an interval of comparative repose to more than one generation. In the present instance, he brought over the judges to his opinion, in spite of local prejudice and popular clamour. The court decided that the Union is known and legalized in the constitution, and adopted as a fundamental law in the first act of the Legislature. "The Federal compact," they said, " hath vested Congress with full and exclusive powers to make peace and war. This treaty they have made and ratified, and rendered its obliga- tion perpetual ; and we are clearly of opinion, that no State in this Union can alter or abridge, in a single point, the Federal articles or the treaty." HAMILTON AT THE BAK. 149 But this decision, thougli given in due form of law, was at once called in question. It was first denounced in a great public meeting, as an act of "judicial tyranny ; " and then the Legislature of New York passed resolutions, declaring it to be "sub- versive of all law and good order," and recommend- ing the appointment of judges "who will govern themselves by the known law of the land." A disposition prevailed to set reason and equity at defiance, and to admit no standard of right and wrong but the blind popular will. The same spirit showed itself in other ways, and, wherever it showed itself, Hamilton was there to confront it. Although the treaty had expressly declared " that no prosecutions should be commenced against any person on account of the part he might have taken in the war, and that no person should, on that account, suffer any future loss or damage, either in person, liberty, or property," the Legis- lature of New York passed an act, making those inhabitants who had adhered to the enemy, if found within the State, guilty of misprision of treason, and rendering them incapable of holding of&ce, or voting at elections. What made this proceeding doubly odious was^ that some of the representatives 150 HAMILTOlf AT THE BAR. of tte State had already enriclied themselves by the purchase of the forfeited property of the loyal- istSj and their motives could hardly escape suspicion, ■when they forced through another bill, entitled " An Act for the speedy Sale of Confiscated Estates." It was not -in Hamilton's nature to restrain his indignation at such conduct, and this time it was not as an advocate, but as a private citizen, that he took up the cause of justice. He addressed a pamphlet to the people of New York, under the signature of Phocion, in which he called upon the true friends of liberty to resist the attempts of persons "who pretend to appeal to the spirit of Whiggism, while they endeavour to put in motion all the furious and dark passions of the human mind. The spirit of Whiggism is generous, humane, beneficent, and just. These men inculcate revenge, cruelty, persecution, and perfidy. The spirit of Whiggism cherishes legal liberty, holds the rights of every individual sacred, condemns or punishes no man, without regular trial and conviction of some crime declared by antecedent laws, and reprobates equally the punishment of the citizen by arbitrary acts of the Legislature, as by the lawless combina- tions of unauthorized individuals ; while these men HAMILTON AT THE BAK. 151' are the advocates for expelling a large number of their feUow-citizens, unlieard, untried; or, if they cannot effect this, are for disfranchising them in the face of the constitution, without the judgment of their peers, and contrary to the law of the land." Inspired by those old words of Magna Gharta, which to men of English blood carry more weight than a thousand vague and frothy declamations about natural rights, Hamilton proceeds to show the dangers of such acts of arbitrary power. "Nothing is more common," he says, " than for a free people, in times of heat and violence, to gratify momentary passions by letting into the government principles and precedents which afterwards prove fatal to themselves. Of this kind is the doctrine of dis- qualification, disfranchisement, and banishment, by acts of the Legislature. The dangerous consequences of this power are manifest. If the Legislature can disfranchise any number of citizens at pleasure, by general descriptions, it may soon confine all the votes to a small number of partisans, and establish an aristocracy or an oligarchy ; if it may banish at discretion all those whom particular circumstances render obnoxious, without hearing or trial, no man can be safe, nor know when he may be the innocent 152 HAMILTON AT THE BAE. victim of a prevailing faction. The name of liberty applied to such a government would be a mockery of common sense." Having proved that the scheme proposed was in direct violation of the treaty, he goes on to ask : — " Can we do by act of the Legislature what the treaty disables us from doing by due course of law ? This would be to imitate the Eoman general, who, having promised Antiochus to restore half his vessels, caused them to be sawed in two before their delivery ; or the Platseans, who, having pro- mised the Thebans to restore their prisoners, had them first put to death, and returned them dead. Such fraudulent subterfuges are justly considered more odious than an open and avowed violation of treaty." He then considers the supremacy of Congress on the subject, the danger of retaliatory acts on the part of England, and the impolicy of measures which tend to keep aHve the seeds of perpetual discord. "With regard to an argument which had been used on the other side, that the artisans were interested in excluding the Tories, because they might introduce an injurious competition in their several trades, he replies with a knowledge of HAMILTON AT THE BAR. 153 principles not very common in his time : — " There is a certain proportion or level in all the depart- ments of industry. It is folly to think to raise any of them, and keep them long above their natural height. By attempting to do it, the economy of the political machine is disturbed, and, till things return to their proper state, the society at large suffers. The only object of concern with an in- dustrious artisan is, that there may be plenty of money in the community, and a brisk commerce to give it activity and circulation. All attempts at profit, tTirough the medium of m.onopoly or violence, will he as fallacious as they are culpahle." The pamphlet closes with a passage which every free nation should be ready to lay to heart, and which the United States might stiU study with great advantage to themselves and to the world : " Were the people of America with one voice to ask : — What shall we do to perpetuate our liberties and secure our happiness ? — The answer would be : Govern well ! and you have nothing to fear either from internal disaffection or external hostnity. Abuse not the power you possess, and you need never apprehend its diminution or loss. But if you make a • wanton use of it ; if you 154 HAMILTON AT THE BAE. furnish another example, that despotism may debase the government of the many as well as of the few ; you, like all others that have acted the same part, wiU experience that licentiousness is the forerunner of slavery. "How wise was the policy of Augustus, who, after conquering his enemies, when the papers of Brutus were brought to him, which would have disclosed all his secret associates, immediately ordered them to be burnt. He would not even know his enemies, that they might cease to hate when they had nothing to fear. How laudable was the example of Elizabeth, who, when she was transferred from the prison to the throne, fell upon her knees, and, thanking heaven for the deliverance it had granted her from her bloody persecutors, dismissed her resentment. The reigns of these two sovereigns are among the most illustrious in history. Their moderation gave a stability to their government which nothing else could have effected. This was the secret of uniting all parties. "These sentiments are delivered to you in the frankness of conscious integrity, by one who feels that solicitude for the good of the community which the zealots whose opinions he encounters HAMILTON AT THE BAE. 155 profess; by one who pursues not, as they do, the honours or emoluments of his country ; by one who has had too deep a share in the common exertions of this rerolution to be willing to see its fruits blasted by the violence of rash or un- principled men, without at least protesting against their designs ; by one who, though he has had in the course of the revolution a very confidential share in the public councils, civil and military, and has as often, at least, met danger in the common cause as any of those who now assume to be the guardians of the public liberty — asks no other reward of his countrymen, than to be heard without prejudice for their own interest." The tone of these last few lines may, perhaps, remind the reader of the close of Burke's Reflections on the French Revolution ; but they were certainly written some six years before the appearance of that celebrated essay. The pamphlet and its author were at once at- tacked by various writers, and amongst others by a Mr. Isaac Ledyard, under the name of Mentor. To this Hamilton replied in a second letter by Phocion, which finally demolished the arguments of his opponents. The eloquent and solemn warning 156" HAMILTON AT THE.BAE. with which it concludes is all that can be quoted here: "Those who are at present intrusted with power in all these infant republics hold the most sacred deposit that ever was confided to human hands. It is with governments as with individuals, first impressions and early habits give a lasting bias to the temper and character. Our governments hitherto have no habits. How important to the happiness, not of America only, but of mankind, that they should acquire good ones ? — If we set out with justice, moderation, liberality, and a scrupulous regard to the constitution, the govern- ment will acquire a spirit and tone productive of permanent blessings to the community. If, on the contrary, the public councils are guided by humour, passion, and prejudice — if, from resentment to indi- viduals, or a dread of partial inconveniences, the constitution is slighted or explained away upon every frivolous pretext — the future spirit of govern- ment will be feeble, distracted, and arbitrary. The rights of the subject will be the sport of every vicissitude. There wiU. be no settled rule of conduct, but everything will fluctuate with the alternate prevalency of contending factions. HAMILTON AT THE BAR. 157 " The world has its eye upon America. The noble struggle we have made in the cause of liberty has occasioned a kind of revolution ia human senti- ment. The influence of our example has penetrated the gloomy regions of despotism, and has pointed the way to inquiries which may shake it to its. deep- est foundations. Men begin to ask everywhere : — Who is this tyrant, that dares to build his greatness on our misery and degradation ? What commission has he to sacrifice millions to the wanton appetites of himself and the few minions that surround his throne? "To ripen inquiry into action, it remains for us to justify the revolution by its fruits. If the conse- quences prove that we have really asserted the cause of human happiness, what may not be expected from so illustrious an example? In a greater or less degree, the world will bless and imitate. "But if experience, in this instance, verifies the lesson long taught by the enemies of liberty — that the bulk of mankind are not fit to govern them- selves — that they must have a master, and were only made for the rein and the spur— we shall then see the final triumph of despotism over liberty. The advocates of the latter must acknowledge it to be an ignis^ fatuus, and abandon the pursuit. With 158 HAMILTON AT THE BAR, the greatest advantages for promoting it that ever a people had, we shall have betrayed the cause of human- nature. Let those in whose hands it is placed pause for a moment, and contemplate with an eye of reverence the vast trust committed to them. Let them retire into their own bosoms, and examine the motives which there prevail. Let them ask themselves this solemn question : — Is the sacrifice of a few mistaken or criminal indi- viduals an object worthy of the shifts to which we are reduced, to evade the constitution and our national engagements? Then let them review the arguments that have been offered, with dispassionate candour; and if they even dovht the propriety of the measures they may be about to adopt, let them remember, that in a 4oubtful case the consti- tution ought never to be .hazarded without extreme necessity." The letters of Phocion carried conviction to the minds of all moderate men. For that very reason they excited the intense anger and disgust of the more violent demagogues. These determined to pick a quarrel with Hamilton, to challenge him, and to force him to fight them in succession. Ledyard, the Mentor of the controversy, had the HAMILTON AT THE BAE. 159 sense and manliness to prevent this stupid outrage. "No, no, gentlemen,'' he said; "this can never be. "What ! you write as you- please, and, because you cannot refute what he writes in reply, you form a combiaation to take his life ! One challenges, and, if he falls, another follows ! " His remonstrances put a stop to the design; but the fact of its ever haviag been entertained is indicative of the spirit of the party, to which Hamilton, at all times, offered his fearless and uncompromising opposition. It was the same party which distinguished itself by its endeavours to evade the payment of American obligations, private as well as public, and so brought a load of obloquy on the whole Union. The treaty had provided, that creditors on either side should meet with no legal impediments to the recovery of the full value in sterling money of all hond fide claims. It was reckoned that, at the commencement of the war, three millions sterling were due from the inhabitants of the Colonies to merchants in Great Britain, and, according to any fair interpre- tation of the treaty, interest, when agreed to be paid, or payable by custom, might justly be de- manded on such debts. But when, at the return of peace, the British merchants looked for a settle- 160 HAMILTON AT THE BAE. ment of their accounts, they found that the laws of several of the States deprived them of all remedy against their debtors.- Some prohibited the recovery of the principal, some of the interest, and others suspended the collection of both, or made land a good payment in place of money. The patriots, as they called themselves, strongly resisted any altera- tion in these laws, and, for some years, a state of things existed which men like Hamilton felt to be scandalous and humiliating. Long after, a young Irish poet, whose sympathies were not gene- rally on the side of power, described in caustic verse — "Those vaunted demagogues, wlio nobly rose From England's debtors to be England's foes — Who could their monarch in their purse forget. And break allegiance but to cancel debt ! " And, although the vast majority of Americans would indignantly repel the imputation, there was certainly enough in the conduct of some of their politicians, to give a colour to the charge, and to make them feel its sting. But, while Hamilton was thus contending with faction, and haunted by anxious fears for the future of his country, he did not neglect the ordinary HAMILTON AT THE BAR. 161 duties of his profession. The young lawyer had already taken the same high place at the bar which the young soldier had filled in the life of camps. His statement of a case is described as at once clear and exhaustive of the subject, saying all that could be said, and anticipating every objection ; and his eloc^uence would sometimes enchain, for two or three successive hours, the attention of court and jury. His figure, though slight and short, was elegant and graceful, his countenance bright, his carriage dignified, his manner sweet and engaging. He was remarkably fluent in speech, he could rise, on occasion, to lofty flights of rhetoric, and his arguments bore the impress of the integrity and benevolence of his character. With him, law was ever the handmaid to justice, and none could suspect him of paltering with the truth, or suppose him capable of taking any mean or dishonourable advan- tage. Though never a rich man, he was disinterested and generous in all his professional dealings. When a merchant of New York, wishing to retain his legal services for five years, sent him a note for a thousand dollars, he returned it 'as leing too much; and when he had successfully defended a member of the Society of Friends from a charge of Ubel, M 162 HAMILTON AT THE BAE. for publicly exposing a person detected in the act of kidnapping free blacks, lie refused the proffered fee, witb a request that, " as they were both engaged in the cause of humanity, his declining it might not be mentioned." Hamilton, himself, was opposed to the principle of negro-slavery. He never owned a slave; and when he learned that a domestic he had hired was about to be sold by her master, he immediately purchased her freedom. He once belonged to an association for the gradual abolition of slavery, and proposed a resolution, that every member of the society should begin by manumitting his own negroes. To this the others demurred, and Hamil- ton discontinued his attendance at their meetings. He was not to be deceived by words, and would certainly never have adopted that cheap and spurious philanthropy, which consists in the unmeasured and indiscriminate abuse of the slave-holder, while feeding on the fruits, and trading with the produce, and growing rich by the indirect employment of slave-labour. During his first years at the bar, Hamilton was brought into constant intercourse with a man whose name was afterwards fatally associated with his own. HAMILTON AT THE BAR. 163 His chief rival in his profession was a young lawyer, about a year his senior, who, like him, had served with distinction in the army, and, at the close of the war, had betaken himself to far different studies. Aaron Burr was in many respects an extraordinary person, and, if he fell far below Hamilton in genius and moral qualities, he had some great gifts, which would have secured him a distinguished place in almost any career. He was descended from that rigid Puritan stock, which had taken such deep root in New England from the earliest times. His grandfather, on the mother's side, was Jonathan Edwards, a preacher of wonderful power in his day, and equally remarkable for the narrowness of his theology, and the saintliness of his hfe. His father, also, was a Presbyterian divine, a famous schoolmaster, and president of the College of New Jersey. But there was nothing in young Aaron which betokened such a descent, if we except, perhaps, the stubborn vigour which he may have derived from the blood of the old Calvinists, and the free command of language, which seems to have been hereditary in his family. Left an orphan in childhood, he grew up a wild, adventurous, intrepid, ungovern- able boy. He ran away from his uncle, he ran away M 2 164 HAMILTON AT THE BAE. from school — at ten years of age he embarked on board a ship as a cabin-boy, and, when pursued, climbed up to the magt-head, and refused to come down till he had made his own terms — yet, with all this, he astonished his tutors both at school and coUege, by his rapid progress in his studies, when- ever he chose to work. As if in recoil from the strict evangelical views of his relations, he appears to have embraced, while yet very young, sceptical opinions in religion, and somewhat lax notions in morals, and his subsequent experience did not effect much improvement on these heads. When he entered the -si^orld — brave, handsome, intelligent, with honeyed speech, and gay, insinuating manners — he acquired a dangerous influence over the fair sex, which he exercised with few scruples of con- science. At different periods he was engaged in a succession of love affairs, and his contemporaries accused him of leading a life of licentiousness ; but there is some reason to believe that his own vanity, as well as the malice of enemies, contributed to exaggerate the extent of his intrigues and conquests. Be that as it may, he was a self-willed, self-indul- gent, susceptible, and impulsive man, endowed with many of the qualities that women admire and prize. HAMILTON AT THE BAR. 165 and he might have trifled away still more of his time in their society, had it not been for another passion which roused him to energetic exertion. In his secret soul he cherished an ambition as restless and daring, as ever found a home in any human bosom. When the revolutionary war broke out. Burr joined the army as a volunteer, and accompanied Arnold in his bold attempt upon Canada. He marched with him through the wilderness, and travelled a hundred and twenty miles alone through the enemy's country, to convey a message from his chief. He was present in that desperate assault on Quebec, in which the gallant Montgomery lost his life, and, although the campaign was unsuc- cessful, he returned from it loaded with honour. The distinction he had attained recommended him to the notice of Washington, and for a short time he was a member of the general's military family. But his impatient spirit could not brook the restraints of that position, and he speedily threw up his ap- pointment. Washington seems to have mistrusted him from the first, and Burr always disliked the wise, great man, whose virtues towered so im- measurably above the vulgar standard. Yet Wash- 166 HAMILTON AT THE BAE. ington acknowledged to the last Burr's excellence as a soldier, and when, after four years of hard service, the latter, who had risen to the rank of colonel, was compelled by his failing health to retire from the field, the commander-in-chief expressed his regret at "the loss of a good officer, and the cause which made his resignation necessary." Having rested for some months, and recovered his health, he married an accomplished lady, named Prevost, and finding it desirable to recruit his fortune, which was already much impaired by his expensive habits, he applied himself to the study of the law. He settled at New York as a barrister, in the same year with Hamilton, and, to a super- ficial observer, there seemed to be a certain resem- blance between the two. Both were young, newly- married, of pleasing person (they were both below the average height), agreeable in manners, brilliant in conversation, gifted with rare talents, and pos- sessed of dauntless resolution. Both had earned their laurels in war, been inmates of the family of the general, and attained to the same rank in the army. Both had embraced their new profession with ardour, and mastered its details with almost incredible facility. And both, on their first appear- HAMILTON AT THE BAK. 167 ance in court, had produced an impression, whicli marked them out as the future leaders of the bar. But here the resemblance stops. While Hamil- ton loved to dwe^^ in the region of great ideas and high principles, and stooped unwiPingly to the lower ground of dexterous and skilful advocacy, it was in the latter field that Burr was thoroughly at home. A complete master of his weapons, and careless of the side he took, he enjoyed the combat almost as much as the victory, and seldom hesitated as to the means he employed to achieve a purpose. "Law," said he, "is whatever is boldly asserted, and plausibly maintained ; " and, acting on that maxim, he was ever ready to take advantage of the weakness of a judge, or the ignorance of a jury. He had a low opirion of human nature, and turned all its interests and prejudices to ac- count in dealing with his fellow-creatures. He delighted in technicalities, and never failed to catch an opponent tripping in the smallest matter of detail. He neither gave nor received quarter, and, when he had undertaken a cause, he would multiply notices, motions, and appeals, and have recourse to every form of annoyance, until his adversary was wearied out and exhausted. Unlike the flowing 168 HAMILTON AT THE BAE. style of Hamilton, his eloquence was in general concise, compact, and rapid, and he did not often indulge in figures of speech. Yet, on occasion, he would not scruple to avail himself of a theatrical artifice. It is related, that, being engaged in the defence of a person accused of murder, he became convinced, as the trial proceeded, that the guilt lay between the prisoner and one of the witnesses for the prosecution. He subjected the latter to a searching and relentless cross-examination, and then, as he addressed the jury in the gathering dusk of evening, he brought into strong relief every fact that bore against the witness, and, suddenly seizing two candelabra from the table, he threw a glare of light on his face, and exclaimed : " Behold the murderer, gentlemen ! " Alarmed and conscience- stricken, the man reeled as from a blow, turned ghastly pale, and fled from the court. The advocate concluded his speech, and the jury acquitted the prisoner. It would seem that Burr both recognized and admired Hamilton's talents^admired him, perhaps, for some of the qualities in which he was himself deficient,' and that he sought and cultivated his friendship. They were often engaged together in HAMILTON AT THE BAE. 169 the same cause, and must frequently have met in society; but Hamilton, though courteous and con- ciliatory to all, appears to have held aloof from Burr's more intimate advances. His keen glance had already detected, that this clever and agreeable companion might prove a dangerous ally, and he feared the influence which Burr would sooner or later exercise in politics. He saw that none was more likely to acquire power in a republic, and none more incliaed to use it for his own advantage — that he was just one of those able and ambitious adventurers, who would play boldly for high stakes, without much regard for rivals or partners in the game — and that, if the opportunity should arise, he would never hesitate to imperil the most sacred interests for a personal end, seek for gain and glory at any cost, and, in some great and formidable crisis, might ruin, if he could not rule the state. So the two men remained on terms of mere civility, and Burr looked out for other allies to aid him in his ultimate projects. In those days, there were stiU certain leading families in the State of 'New York — the Clintons, the Schuylers, and the Livingstons — who organized parties, and possessed considerable influence. But Burr did not join him- 170 HAMILTON AT THE BAE. self to any of these. He ratlier endeavoured to play off one against the other, and watched his opportunity to form an independent party of his own. He gathered round him a number of young men, the gay and thoughtless admirers of whatever is bold and specious, who, charmed by his conversa- tion, and proud of his abilities and accomplishments, were pleased to find in their chief no rigid censor of morals. In after years, Hamilton called them Burr's Myrmidons, and, through many changes of fortune, they showed extraordinary fidelity and devotion to the hero of their choice. They became indeed a power ta the commonwealth, but their objects seem to have been purely personal, and it would be difficult to define what principles they held in common. As for their leader, however it may have suited him to profess extreme democratic views, when they served his purpose in the struggle of parties, no one, who is aware of his contempt for the majority of mankind, can believe that he really held them. The true key to his policy may be found in the words of Hamilton : — " I take it, he is for or against nothing, but as it suits his interest or ambition. He is determined, as I conceive, tft make his way to be the head of the popular party. HAMILTON AT THE BAR. 171 and to climb, jperfas ant nefas, to the highest honours of the state, and as much higher as cireumsiances may permit." The chief colours in this picture have not been borrowed from Burr's political opponents. They are plainly discernible, however ingeniously softened down, in the pages of his latest biographer and apologist, Mr. Parton. It was necessary to form some conception of his peculiar character, to explain the inevitable antagonism between him and Hamil- ton, which accounts for several transactions in the subsequent life of the latter, and which led in the sequel to its tragical and melancholy close. Meanwhile, they worked together at the bar, and treated each other with a courtesy, which by some was mistaken for friendship. In 1 784, Burr became a member of the Legislature of New York, to which Hamilton was not elected till 1786. But both were preparing for a wider and more important stage; and while Burr was studying those party tactics, which he hoped would raise him to the enjoyment of place and power, Hamilton was slowly elaborating the great principles, on which he desired to establish the fortunes and liberties of his country. CHAPTEE VIII. THE CONVENTION. GEADUALLY, and almost imperceptibly, the conviction liad gained possession of every thoughtful mind in the Union, that the Confederacy could not be maintained on its old footing. It had, indeed, brought the war to a successful issue, but it had signally failed in accomplishing the purposes of peace. It had been unable to meet its engage- ments, or to fulfil the ordinary obligations of a government. Between 1781 and 1786, Congress had made requisitions on the States for more than ten millions of dollars, and less than two and a half millions had been received by the public treasury. The interest on the debt, the necessary establish- ments for the safety of navigation and commerce, the payment of civil officers at home, and of the diplomatic service abroad, all remained equally un- provided for. The Congress of 1786 declared, in THE CONVENTION. 173 the most solemn manner, that the crisis had arrived when the people of the United States must decide whether they would preserve the pubHc faith or not. Under the pressure of this appeal, the States seemed inclined to grant to Congress the power of levying a national impost, provided they could all agree to the arrangement ; but New York held out obstinately against it, in spite of the efforts of Hamilton. The old difficulties with regard to the treaty were also still in existence ; and when Mr. Adams, as Minister at the Court of St. James's, demanded why the British garrisons had not been withdrawn from the military posts in the West, he was assured that, whenever the United States should manifest a real determina- tion to fulfil their part of the treaty. Great Britain would be ready to carry every article of it into com- plete effect. It was, moreover, found impossible to conclude treaties of commerce with foreign nations, as there was no security for their provisions being executed by the several States. In a word, the government of the Union was fast falling into con- tempt abroad and at home, and it became evident that, if it did not perish from its own internal weak- ness, the least accident or convulsion might sweep it entirely away. 174 THE CONVENTION". At this conjuncture, a great danger arose in that very State which had taken the lead in the early days of the revolution. Massachusetts contained a population at no time submissive to authority, and now become more democratic than at any former period. It was oppressed with a load of debt, both public and private, which could only be met by con- siderable exertions and sacriiices, and its trade and manufactures had materially suffered by the war. The taxes were heavy, poverty was on the increase, and it soon became a popular doctrine with the more needy citizens, that all ought to share alike in the property which all had aided in defending. Then was seen one of those perilous moments in the history of republics, when the debtor turns his political power against the creditor, and the man who has, nothing against the possessor of wealth. Assemblies were held, in which taxes were voted unnecessary, the courts of justice a grievance, and the law and its officers a nuisance. Armed mobs surrounded the court-houses to prevent the administration of justice, and in the autumn of 1786 the insurgents, regularly embodied, bade defiance to the control of the magis- trates. A majority in the local House of Eepresen- tatives seemed inclined to sympathize with the rebels. THE CONTENTION. 175 and no efficient assistance in suppressing the insur- rection could be expected from Congress. Fortu- nately for Massachusetts, her Governor was a man of sense and resolution, named James Bowdoin. He at once called out the militia, and took the requisite steps to put down the disturbances by force. But great alarm had been excited, not only in New Eng- land, but throughout the Union, and another example had been given of the extreme weakness of Congress in dealing with such emergencies. It was indeed acknowledged, that the Confederation, as such, had no power to interfere in the case of a State rebellion. "You talk," wrote "Washington to a friend in Con- gress, " of employing influence to appease the present tumults in Massachusetts. I know not where that influence is to be found, or, if attainable, that it would be a proper remedy for the disorders. Influence is not government Let us have a government, by which our lives, liberties, and properties will be secured, or let us know the worst at once." It was in the midst of all this confusion and terror, that the genius of Hamilton -at length saw the way to the accomplishment of his designs. Already, in 1785, the citizens of Virginia and Maryland had appointed commissioners to settle their conflicting rights with 176 THE CONVENTION. regard to the waters of the Potomac and Pocomoke ; and these commissioners, during a visit at Mount Vernon, had concerted a further plan for regulating the commercial relations between the two States. This plan included arrangements for maintaining a naval force in the Chesapeake, establishing a fixed tariff of duties on imports, and doing other acts in common ; and, when it came to be discussed in the Legislature of Virginia, it was resolved to invite the other States to send deputies to consider the whole subject of the commerce of the Union. It was proposed that they should meet at Annapolis, and circulars to that effect were addressed to the different States. Hamilton, who believed his opportunity to be now at hand, urged upon New York the accept- ance of the proposal, and was himself appointed one of her commissioners. Arrived at Annapolis, he found there the representatives of five States only, but he was not the less resolved to bring before therci, not only the commercial interests, but the political condition of the country. He presented a report, formally proposing to the several States the assembling of a general Convention, to take into consideration the position and prospects of the United States. THE CONTENTION. 177 He showed in this document that the regulation of trade (the professed object of the present meet- ing) could not be effected without a corresponding change in the general system of government. The defects in that system were the real cause of the embarrassments both in public and private affairs, and could only be remedied by a complete revision. The Articles of Confederation had provided that no alteration should be made in them, unless agreed to by Congress, and confirmed by the Legislature of every State. It was Hamilton's design to obtain such agreement and confirmation — for he was too wise a man to risk any revolutionary interval be- tween the old government and the new — but he felt that Congress was not the proper body to originate the required reforms. It had fallen into a premature decrepitude, and the chief talent of the country was absent from its debates. He, therefore, suggested that a Convention should be named for the special purpose of proposing the necessary changes, and that these should then be submitted to Congress, and to the State Legislatures. The report was adopted by the commissioners at Annapolis, and, not long after, the gathering dangers of the times forced Congress, though unwiUingly, to agree to the plan. On the N 178 THE CONVENTION. 21st of February, 1787, it was resolved, "That, on the second Monday in May next, a Convention of Delegates, who shaU. have been appointed by the several States, be held at Philadelphia, for the sole and express purpose of revising the Articles of Con- federation, and reporting to Congress and the several Legislatures such alterations and provisions therein, as shall, when agreed to in Congress, and confirmed by the States, render the Federal Constitution adequate to the exigencies of Government and the preservation of the Union." Hamilton had thus gained two most important steps. He had the sanction of Congress for that revision of the Constitution which he believed to be essential to the public safety, and the new movement was thereby placed under the protection of the highest existing legal authority; while the scheme of a separate assembly, elected expressly for the purpose, made it almost certain that, on such a momentous occasion, whatever constructive talent was to be found in America would be discovered and brought forward by the several States. Since the meeting of that First Congress, which led the way in the struggle for independence, America had seen no such body of men as THE CONVENTION. 179 now assembled at PhUadelphia. Thither came George Washington, from his retirement at Mount Vernon, where he had hoped " to glide gently down a stream which no human effort can ascend," called away from his rural pursuits, and from his much- loved home, to engage once more in the service of his country. Thither, from the same fair land of Virginia, came James Madison, afterwards President of the United States, hut then a young and rising politician — industrious, indefatigable, clear, logical, eloquent — and Edmund Eandolph, Governor of his native State, .who had defended her both in war and peace, and watched with jealous care to maintain her special interests. Thither, from Mas- sachusetts, came EuFUS King, jurist and statesman, who had doubted the policy of a Convention, but who, when it was once determined on, resolved to give it his best assistance. And thither, from South Carolina, came Chaeles Coteswoeth Pincknbv, soldier, scholar, and lawyer — brave, honourable, and generous — devoted to the views of his brethren in the Southern States, but prepared to surrender many opinions, and make many sacrifices, in order to bind together the scattered members of the Union. Pennsylvania was peculiarly fortunate in her repre- N 2 180 THE CONVENTION. sentatives on this occasion. At their head was Ben- jamin Franklin, now in his eighty-second year, the oldest and most widely known of American public men, and in some sort combining in his own person many of the leading characteristics of America. The poor printer's boy, who had lived on potatoes and rice, that he might save money to buy books — ^the shrewd and skilful tradesman, ever attentive to the advancement of his business, yet stealing time to cultivate his mind, and to make discoveries in science — the philosopher, whose paper kite had drawn the lightning from the sky — the administrator, who had passed from the printing-office to the management of a great public department — the ambassador, who, finding himself suddenly in the presence of courts and kings, had proved more than a match for the trained diplomatists of Europe — ^the moralist, who touched so lightly on the follies and vices of his fellow-creatures, and who never seems to have lost sight of the maxims of the counter and the shop, even while charming with his conversation the wits and beauties of Ver- sailles — was certainly no ordinary character. It may be conceded, that common sense and prudence were his prime qualities, and that he never rose to 'what is sublime and heroic in genius or virtue^ — that he was THE CONVENTION. .181 not free from the weakness of vanity, and that he was sometimes, perhaps unconsciously, swayed by narrow, personal motives — yet, after . ^11 deductions, it must be acknowledged, that he was a man of great vigour and sagacity of mind, and of much kindness of heart. When he took his seat in the Convention, his vene- rable age, his long services, his serene and benignant aspect, commanded the respect of all, and imposed a controlling power on the assembly. "With him came GouVEENEXiR MoEKls, one of the best and wisest of American patriots, who had early foreseen the dan- gers of a too unbridled democracy — Egbert Moeeis, who had made the first attempts at dealing with the complicated difficulties of American finance — and James Wilson, who brought a large share of the acuteness and penetration of his native Scotland, to bear upon the laws, institutions, and government of his adopted country. There were other men of note in the Convention, such as EoGEE Sherman of Connecticut, John Dickinson of Delaware, Luther Martin of Mary- land, John Eutledge of South Carolina, and Geoege Mason of Virginia — fifty-five members iu all, representing twelve sovereign States, for Ehode Island made no appointment. But the whole 182 THE CONVENTION. edifice would have wanted its crowning glory, if ]Srew York had not sent Hamilton, with the trea- sures of his genius and eloquence. Some few leading Americans were necessarily absent — John Jay was Secretary for Foreign Affairs under the Congress, Thomas Jefferson was ambassador in Prance, and John Adams in England — ^but all could he better spared than he, who had first conceived the plan of a reform in the constitution, and who alone could carry it to a successful issue. Whilst others were groping their way in the dark, he saw clearly what was to be done, and was ready to take the entire responsibility of his acts, and to urge his views on the acceptance of unwilling minds. And this man, foremost in an assembly of the most able representatives of the States, and who had already achieved so much in field and council, was yet only thirty years of age. " The very extra- ordinary early maturity of his character," says Mr. Curtis, "naturally reminds us of that remarkable person, who was two years his junior, and who became Prime-Minister of England at the age of twenty-four. The younger Pitt entered public life with almost every possible advantage. Inheriting THE CONTENTION. 183 a great and celebrated name, educated expressly for the career of a statesman, and introduced into the House of Commons at a moment when power was just ready to drop into the hands of any man capable of wielding it, he had only to prove himself a hriUiant and powerful debater, in order to become the ruler of an empire, whose constitution had been settled for ages, and was necessarily administered by the successful leaders of regular parties in its legis- lative body. . . . The theatre, iu which Hamilton appeared, lived, and acted, was one of a character so totally different, that the comparison necessarily ends with the contrast which it immediately sug- gests. Like Pitt, indeed, he seems to have been born a statesman, and to have had no such youth as ordi- narily precedes the manhood of the mind. But, in the American Colonies, no political system of things existed, that was fitted to train him for a career of usefulness and honour; and yet, when the years of his boyhood were hardly ended, he sprang forth into the troubled affairs of the time, with the full stature of a matured and well-furnished statesman. He, in truth, showed himself to be already the man that was wanted. Everything was in an unsettled and anxious state — a state of change and transition. 184 THE CONVENTION. There was no regular, efficient government. It was all but a state of civil war, and tlie more clear- sighted saw that this great disaster was coming. He was compelled, therefore, to mark out for himself, step by step (beginning in 1774), a system of poli- tical principles, which should serve, not to administer existing institutions with wisdom and beneficence, but to create institutions able to unite a people divided into thirteeen independent sovereignties ; to give them the attitude and capacity of an indepen- dent nation ; and then to carry them on, with con- stantly increasing prosperity and power, to their just place in the affairs of the world. . . . Mr. Hamilton, therefore, I conceive, proved himself early to be a statesman of greater talent and power than the celebrated English minister, whose youthful success was in the eyes of the world so much more brilliant, and whose early death was no less disheartening ; for none can doubt, that to buUd up a free and firm State out of a condition of political chaos, and to give it a government capable of developing the resources of its soil and people, and of insuring to it prosperity, power, and permanence, is a greater work than to administer with energy and success, even ia periods of severe trial, the constitution of THE CONVENTION. 185 an empire whose principles and modes of action have been settled for centuries." And here it may he well to relate an anecdote, indicative of the high estimation in which Hamilton was held by one of the subtlest intellects of France. "When Mr. Ticknor was in Paris, in 1819, Prince TaEeyrand said to him, that he had known nearly all the marked men of his time, but that he had never known one, on the whole, equal to Hamilton. The American answered modestly, that the great states- men of Europe had dealt with larger masses and wider interests. " Mais, monsieur," replied the Prince, "Hamilton avait deviriA I'Europe" It would indeed appear, that Hamilton had an almost intuitive knowledge of European politics. He had studied the various forms of government, and considered the relative position of the different nations of the old world, until they had all become familiar to him, and he spoke of them as if from personal experience. The result was, that he preferred the British Constitution to every other, and held it to be the nearest approach to perfection of all governments past or present. Could he have found the materials for establishing such a form of polity in his own country, there can be no doubt. 186 THE CONTENTION. that he would have devoted all his energies to that end. But, entirely free from the mere fanaticism of theory, he was always wiUing to sacrifice the form to the substance, and to accept those conditions which practically, and under the circumstances, would be most likely to secure the happiness of the people. He saw that some kind of republican government was, at the period of the Convention, the only thing feasible in America, and his object was so to control and modify the democratic element, as to render such a government safe and salutary. The truth is, that the monarchical and aristocratic institutions of the mother-country had struck no root in the United States. The peculiar situation of the Colonies had not been favourable to the growth of a landed gentry (although the germ of it existed in Virginia and elsewhere), and the events of the war had destroyed the old tradition of loyalty to the throne. The Puritan spirit of the North had more or less affected the whole Union, and the revolution had left behind two leading characteris- tics — a strong passion for equality, and an unrea- soning jealousy of power. Here and there might be found a man, who wished to offer the crown of the THE CONTENTION. 187 young Empire of the West to a son of George III. But Hamilton well knew, that such a prince would have heen isolated in the midst of hostile fac- tions, and would have had nothing whereon to rest the foundations of regal authority. There was, indeed, one American, who, had he been less scru- pulous and more ambitious, might possibly have established a dynasty ; but the thought of personal aggrandizement was wholly foreign to the wisdom and moderation of "Washington. Just before the end of the war, many eyes had been turned towards him with some such design, and a veteran officer. Colonel Lewis Nicola, had even addressed him as follows : — " It will, I believe, be uncontroverted, that the same abilities which have led us through diffi- culties, apparently insurmountable by human power, to victory and glory, those qualities that have merited and obtained the universal esteem and veneration of an army, would be most likely to conduct and direct us in the smoother paths of peace. ... If all other things were once adjusted, I believe strong arguments might be produced for admitting the title of king." But Washington at once replied, that he had read these sentiments with surprise and astonishment, and that no occurrence 188 THE CONYENTION. in the course of the war had given him more painful sensations. He was at a loss to conceive what part of his conduct covdd have given encourage- ment to an address big with the greatest mischiefs that could befaU the country, and more disagreeable to himself than to any other person. "Let me conjure you," he added, "if you have any regard for your country, concern for yourself or posterity, or respect for me, to banish these thoughts from your mind, and never communicate, as from your- self or any one else, a sentiment of the like nature." And if monarchy was thus hopeless, all institu- tions based on hereditary distinctions were equally out of the question. At the close of the war, the of&cers of the army, who had shared together so many dangers and hardships, were anxious to pre- serve the remembrance of their military brother- hood, and with that view they founded the " Order of the Cincinnati." Called after the famous Koman who retired from war to the peaceful pursuits of agriculture, their object was to maintain the rights and liberties for which they had fought — to promote feelings of national honour and union between the States — to cherish friendship and brotherly kindness towards each other — and to extend relief to such THE CONVENTION. 189 of their comrades, or their families, as might stand in need of it. Their badge was to be a gold medal, suspended from a deep blue ribbon, edged with white; and they proposed that their society (a purely voluntary association) should last during their lives, and be continued by their eldest male posterity. It was also provided that they might admit persons of distinguished talents and patriotism as honorary members. But scarcely had they formed a design so natural, and in many respects so praise- worthy, when a storm of invective was raised against it from all parts of the Union. Massachusetts led the way, Connecticut followed, and on all sides the of&cers were accused of a plot to elevate the military class above the civil, and to institute an order of hereditary nobility. It was in vain to reason with the popular jealousy ; and both Wash- ington and Hamilton, who had taken much interest in the society, advised that the hereditary principle, and the power of electing honorary members, should be abandoned. On these conditions, the old com- rades in arms were allowed to meet in peace; but the incident clearly proved, if it ever needed demon- stration, how strong was the prejudice in the States against even the shadow of an aristocracy. 190 THE CONVENTION. A republic was then the only resource ; but it by no means follows, that the able leaders of the Con- vention ever intended to give absolute sovereignty to the mass of the people. They were yet too near to English modes of thought to prefer the realization of a theory to the attainment of a practical good, and they had not learned from history or experience that power is best lodged in the hands of the most igno- rant and needy. They knew that, in the old re- publics, the right of citizenship was a privilege not lightly bestowed — that, in England, the House of Commons was chosen by a limited number of electors — and that, even in the States of the Union, the suffrage was everywhere more or less restricted. They knew that those free governments, which had met with any success in the world, had been restrained by checks, and guarded round with many precautions. They still believed in the words of the sage, that " the wisdom of a learned man cometh by opportunity of leisure," and were not disposed to coniide the con- duct of the most important affairs to him "that' driveth oxen, and whose talk is of buUocks." The modern notion of a pure, untempered democracy, based on Universal Suffrage — that contrivance for giving power to a single despot, or to one class only THE CONVENTION. 191 of the community, and that the lowest, to the exclu- sion of aU the rest — ^would have found no favour in their sight. They wished to provide for the inviola- bility of property, the sacredness of law, the protection of minorities, the peace and security of all. To ac- complish these ends, they were willing to adopt such expedients as might commend themselves to their judgment, regardless of the abstract idea which either visionaries or philosophers had chosen to form of a republic. The task was beset with difficulties, and the end by no means certain of attainment. On almost all mat- ters of detail, the members of the Convention differed materially amongst themselves, and they had to con- tend with the constant pressure of hostile influences from without. That they succeeded in framing a constitution, not perfect indeed, but founded on prin- ciples of reasonable compromise, and capable of practical working, is greatly to the credit of their moderation, intelligence, and patriotism. Washington was unanimously called to the chair, and none could have been more fitted to preside over the debates of a deliberative assembly. The proceed- ings were all in secret — a precaution perhaps neces- sary in the disturbed state of the public mind— but 192 THE CONVENTION. Madison devoted his nights to preserve a record of the disciissions. Into particulars of those discussions it is not intended to enter here, but the part which Hamilton took in them was of an importance impos- sible to rate too highly. He stood in the midst of the jarring elements, like a beneficent genius, ready to evoke order out of chaos ; and the proportion in which his views were adopted or rejected may be almost regarded as the measure of the strength and the weakness of the Constitution. Various plans were before the Convention. While some were for maintaining the old character of the Confederation as a mere league of independent States, with a Congress composed of a single as- sembly, invested with a few additional powers, but hardly more effective than those already in exist- ence — the majority recognized the necessity of some kind of national government, and were prepared to admit the principle of the division of the legislative, executive, and judicial fimctions. But whether the legislature should be composed of one or two houses, how it should be elected, whether the ratio of repre- sentation should be based on the wealth or popula- tion of the different States, whether the executive should consist of one, three, or more persons, what THE CONTENTION. 193 should be the qualification for office, and how long its term, how the judges should be appointed, and", finally, what were to be the exact limits of the authority delegated to the central government — were all matters of doubt and controversy. Two separate schemes — commonly known as the New Jersey and the Virginia schemes — were already under the con- sideration of the assembly, when Hamilton rose for the purpose of fully explaining his opinions. Of this speech (one of the most remarkable ever delivered) no accurate report remains, for Madison's notes differ from the brief in Hamilton's own hand- writing, and are, in any case, but a meagre sketch of a discourse which held captive the attention of the audience during the whole of a summer's day. There can be little dispute, however, as to the main scope and object of this memorable oration. He seems to have begun by pointing out the importance of the occasion, which, once let slip, might never again present itself, and would beget despair in the possibility of forming a government by consent. After disposing of the objection, that the Convention had no power to propose a plan differing from the principle of the Confederation, he showed that they had three lines of conduct 194 THE CONVENTION. before tliem : 1st. To make a league, offensive and defensive, between sovereign States, with treaties of conunerce, and an apportionment of the public debt. 2d. To amend the present Confederation, by merely adding such powers to Congress as the public mind appeared ready to grant. 3d. To form a new government to pervade the whole, with deci- sive powers, and a complete sovereignty. The practicability of the last course, and the mode of accomplishing it, were the real questions before them. They involved an inquiry into the principles of civil obedience, which are the supports of all government. But those principles did not exist under the Con- federation, in favour of a central power. The constant feehng of interest was absent; for each State pursued its particular interests, without regard to those of the whole. The conviction of the utility and necessity of a government was absent; for the central power might dissolve, and yet the order of society would continue protected from anarchy by the institutions of the several States. The habitual seme of obligation was unfelt; for it was. to the State governments that the people looked for the preservation of order, and the administration of THE CONVENTION. 195 justice, and they only knew the central govern- ment by its unwelcome demands for money. Force might be of two krads — coercion by law, and coer- cion by arms ; but the Congress had no machinery to employ the former, and to have recourse to the latter would amount to civil war. There remained then only influence, by which he meant not corrup- tion, but the regular and legitimate patronage of a government ; and, as the appointment to almost aU. ofi&ces of honour and emolument was vested in the particular States, this support also was lost to the central power. But no government could maintaiu itseK, which had not in its favour the passions and interests, as well as the reason of its subjects. Passing in rapid review the nations of the old world, he showed that all federal governments had been weak, dis- tracted, and short lived. He showed that there was a perpetual effort in each member of a league to establish its iadependence of the central authority. He showed that republics were no more exempt than monarchies from intestine discord, that jealousy of commerce begets hostility as well as jealousy of power, and that there had been as many popular as royal wars. He examined the constitution and 2 196 THE CONVENTION. history of the Greek Eepuhlics, the Germanic Em- pire, the Swiss Cantons. He glanced from Sparta to Athens, from Eome to Carthage, from Venice to the Hanseatic League, and in this grand survey of the experience of centuries, in which he quoted all sorts of authorities, from Aristotle to Montesquieu, from Cicero to Neckar, he laboured to prove that any government, to be strong, must be sovereign. It must not only have a strong soul, but strong organs by which to operate. It must interest the wants of men in its support, it must make itself useful and necessary, it must have the means of coercion. However it derived its powers, it must ultimately have the decision of all questions without appeal. Passing to the different forms of sovereignty that have existed in the world, he endeavoured to show by examples, that, if government is in the hands of the few, they will tyrannize over the many; that, if it is in the hands of the many, they will tyrannize over the few. It ought to be in the hands of both, the separation should be permanent, and they need a mutual check. He avowed his preference for the British Constitution over every other. An absolute sovereignty vested in King, Lords, and Commons — a monarch, with so much power, that it is not his THE CONVENTION. 197 interest to risk all to acc[uire more — a deinocracy, fairly representing the popular will, combined with an aristocracy capable of resisting popular haste and violence. He admitted that such a combination was not then attainable in America — ^that the political principles of the people would endure nothing but a republican goverrmient, and that it was right and proper, under the circumstances of the country, to give such a government a full and fair trial. But, for that very reason, it was necessary that the government should have all the energy and stability reconcilable with the republican theory. Eecapitu- lating his arguments, that it was impossible to secure the Union by any modification of the present Con- federation — that a mere league, offensive and defen- sive, was fuU of certain evils and greater dangers — and that to establish a general government {purely national, and wholly independent of State organiza- tion) was extremely difficult, if not impracticable — he came to the conclusion, that they must balance inconveniences and dangers, and choose that system which seemed to have the fewest objections. His own plan was, to vest the legislative power in an Assembly and Sienate, subject to a negative— the executive power in a President of the United States 198 THE CONVENTION. — and the supreme judicial authority in a Court of not less than six^ nor more than twelve Judges. The Assembly was to be chosen by the people for three years, and the number of Eepresentatives was to be distributed amongst the several States, accord- ing to population. The Senate was to be appointed by electors chosen for the purpose, but only by persons who had an estate in land ; and the Senators were to hold their office dwring good behaviour, removable only on conviction of some crime or misdemeanour. The President was to be named by electors chosen by electors, according to a somewhat complicated process, intended to secure the fair and complete expression of the popular wishes. He was to hold his office for life, removable only by im- peachment by two-thirds of the Legislature. He was to have the power to convene and prorogue the two houses, except in case of impeachment, which operated as a suspension untU determined — to have a negative on their acts — ^to take care that the laws be faithfully executed — to command the army, navy, and militia — ^to have the absolute ap- pointment of the chief officers in the great executive departments — and, with the advice of the Senate, of all other officers, except such as were differently THE CONVENTION. 199 provided for by law — and to be entitled to pardon all offences except treason. The President of the Senate was to be Vice-President of the United States, and to exercise all the powers of the Presi- dent, in case of his death, resignation, or removal from oifice, until another should be appointed. In the event of an impeachment, the President, Sena- tors, and other great officers were to be tried by the Judges of the Supreme Court, aided by the Chief Justices of the several States. The Judges of the Supreme Court, and of all courts constituted by the Legislature, were to hold their appointments for life or good lehaviour. To such a government, Hamilton would have con- fided sovereign authority. He would have retained the State governments as great municipalities, most important as subordinate agents of the central power, and essential for conducting the local affairs of the various portions of so vast an empire ; but he would have had the central government supreme in all matters whatsoever, and have made the laws of the Union binding on aU its members. He foresaw, with the prescience of a statesman, the inevitable conflicts between the central and local authorities, if both were to continue to exist with a co-ordinate 200 THE CONVENTION. jurisdiction. He would have made use of the State organization, both to constitute his government, and to aid in executing the laws ; but he sought to establish a strong, stable, and permanent power, able to command the allegiance of all its subjects, to protect the national interests, and to uphold the national faith. It was with this view, that he ap- proached as near " to the confines of another govern- ment '' — evidently meaning the British — as the republican principles of America rendered either safe or practicable. It is of course impossible now to determine, whether such a government would have worked well in the long run. Hamilton was ever the first to maintain, that, in politics, a theory can only be tested by experiment, and must be judged ultimately by its effects on the happiness of mankind. It is, however, a remarkable fact, that Hamilton's scheme differs from the constitution finally adopted, exactly in those points in which the latter has proved most defective. By giving an absolute, instead of a limited sovereignty to the central power, he sought to. avoid those collisions between the Confederacy and the States, which have been the fertile source of half the troubles of America; while, by retaining the THE CONVENTION. 201 State governments in a subordinate position, lie hoped that they would apply themselves strictly to the administration of local affairs, serve as a school for the training of public men, and take the place of those great European corporations, which have always been the best safeguards of order, liberty, and law. By vesting the executive power in a Chief Magistrate, chosen indeed by the people, but whose dignity and honour should not be the sport of every breath of popular change, and who should hold his office by a permanent tenure — ^he sought to make that high post an object worthy of the ambition of the best and noblest, and not to be lightly bestowed by any less solemn sanction than the deliberate exercise of a nation's will.. By granting the same tenure of office to one Manch of the legislature, he intended to strengthen the hands of the executive for good, while keeping it within the bounds of its legitimate authority, and to control the impatience, while maintaining the rights of the democracy. Both President and Senators would have been responsible — ^but respon- sible only to the law, interpreted by an impartial and independent tribunal. The whole life of poli- ticians would not have been wasted in election 202 THE CONTENTION. tactics, and wretclied intrigues for power. What other evils might have arisen under this constitution, it is now in vain to inquire. It would at least have given time to adopt a national policy, and to form a generation of statesmen ; and if, after a full and fair trial, it had been found expedient to draw still nearer to the British model, and to substitute the hereditary for the elective principle, the transi- tion need not have been violent, or have involved any sacrifice -of the established liberties of the people. But great as was Hamilton's influence, he could not have carried his plan of government, and indeed he seems rather to have brought it forward as an exposition of his views, than with any serious hope of its' being accepted by the assembly. Short of those views, he was ready to labour assiduously in the preparation of the best attaiuable constitution. With the extreme diversity of opinions in the 'Con- vention — with the contendiag claims of State rights and Federal interests — with some members advo- cating a single chamber, and even Franklin in favour of a plural executive — Hamilton felt, that the only possible solution of their difficulties lay in com- ^omise. In this, the majority agreed with him, THE contention; 203 and eacli in turn surrendered some cherished notion, or proposed some modification of another's scheme. After four months of careful deliberation — after many tedious discussions, lasting through the long days from May to September — a Constitution was at length presented to the people of the United States, to be by them either ratified or rejected. The Congress was to consist of two separate cham- bers — a House of Eepresentatives chosen every second year by the [people of the several States, according to the qualifications in each State for election of its own Legislature, and in proportion to the population of each State, reckoning only three-fifths of the slaves — and a Senate composed of two Senators from each State, chosen by the Legislature thereof for six years. ISTo person hold- ing ojBfice could be a member of this Congress, which was to meet every year, and to have the power to lay and collect taxes, and provide for the co m mon defence and general welfare of the United States; to borrow money; to regulate commerce; to estab- lish uniform rules of naturalization and laws of bankruptcy; to coia money; to provide for the punishment of counterfeiting the public securities ; to establish roads and post-offices ; to grant patents 204) THE CONVENTION. and copyrights ; to define and punish piracies, and offences against the law of nations ; to declare war ; to raise and support armies ; to provide and main- tain a navy; to make rules for the government of the forces ; to call out the militia to execute the laws of the Union, to suppress insurrections, and repel invasions ; to provide for organizing the militia, and governing such part of them as may»be employed in the service of the Union; to exercise exclusive legislation over such district (not exceeding ten miles square) as may become the seat of the govern- ment of the United States, and over all forts, maga- zines, arsenals, and dockyards of the Union ; and generally to make all laws which shall be necessary and proper for carrying into execution the foregoing powers. But Congress was not to prohibit the im- portation of such persons as any State shall think proper to admit (in other words, the slave-trade) prior to the year 1808 ; nor to suspend the writ of Habeas Corpus, unless in case of rebellion or in- vasion ; nor to pass any bill of attainder or ex post facto law ; nor to lay any direct tax, unless in pro- portion to the census; nor to tax articles exported from any State ; nor to give any preference to one State over another by regulations of commerce ; nor THE CONVENTION. 205 to draw money from the treasury, but in conse- quence of appropriations made by law ; nor to grant any title of nobility. And, not content with these limitations of sovereignty, it was afterwards express- ly provided by a separate article, that the powers not delegated to the United States by the Constitu- tion, nor prohibited by it to the States, are reserved to the States respectively, or to the people. The executive power was to be vested in a President of the United States, to hold his office for a term of four years. He and the Vice-President were to be chosen by electors, appointed in such manner as the Legislature of each State should direct, and equal to the whole number of Senators and Eepresentatives to which the State would be entitled in Congress. The lists of persons voted for were to be sent sealed to the Senate of the United States, and opened in presence of Congress. The person having the greatest number of votes, being a majority of the whole number of electors, was to be President ; and if more than one had such majority, and an equal number of votes, then the House of Eepresentatives was to choose one of them by ballot ; and if no person had such majo- rity, then the said House was to choose the President from the five highest on the list. And, after the 206 THE CONVENTION. choice of President, the person having the greatest number of votes was to be Vice-President ; and, if two or more remained with equal votes, the Senate was to choose the Vice-President from them by ballot. The President was to have the power to return any bill to Congress, with his objections to the same ; and it could only become law without his consent, if passed by a majority of two-thirds of both Houses. He was to take care that the laws were faithfully executed, to command the army, navy, and militia, to recommend such measures as he should judge necessary to Congress, to convene both Houses on extraordinary occasions, to receive ambassadors and other public ministers, to grant reprieves and pardons for offences against the United States, and, with the consent of the Senate, to make treaties with foreign powers. He was to nominate, and with the advice of the Senate appoint, all officers of the United States whose appointments should not be otherwise pro- vided for by law. He was to be liable to removal from ofiice, on impeachment by the House of Eepre- sentatives, and conviction by the Senate, of high crimes and misdemeanours ; and in case of his death, removal, resignation, or inability, the duties of his THE CONVENTION. 207 office were to devolve on the Vice-President, who, until such event occurred, was to be President of the Senate. The remaiaing articles provided, that there should be a Supreme Court of the United States, and such inferior courts as Congress might from time to time establish ; that the Judges should hold their offices during good behaviour, and with a fixed compensation ; that the citizens of each State should be entitled to all the privileges of citizens in the several States ; that fugitives from justice, and persons held to service or labour in any State (meaning slaves), should be delivered up by any other State iato which they might have escaped; that new States might be ad- mitted into the Union, but not to the prejudice of the rights of any existing State ; that the Union should guarantee a republican form of government to every State ; that the Constitution might be amended by a Convention called by two-thirds of both Houses of Congress, such amendments being ratified by the Legislatures or Conventions of three-fourths of the several States ; that all debts and engagements pre- viously contracted under the Confederation should be valid against the new government ; that the Consti- tution should be the supreme law of the land, binding 208 THE CONTENTION. all judges and of&cers whatsoever ; and that the rati- fication of the Conventions of niae States shoiild be sufficient for the establishment of this 'Constitution between the States so ratifying the same. Such was the Constitution which the Convention proposed for the acceptance of the people of America. Its authors knew well, and none better than Hamil- ton, that it was in many respects imperfect. But, like wise and practical men, they were content to sink their differences, to moderate their wishes, and to take whatever good lay within their reach. Some of the delegates continued to protest against the plan, some had withdrawn from the Convention, and Luther Martin confidently predicted that his own Maryland would never accept the Constitu- tion. But the document which embodied the scheme was ultimately signed by a majority of the delegates, and by one or more representatives of each of the twelve States present in the Convention. The first name on the list is that of George Washington, who is said to have paused a moment, with the pen m his hand, as he pronounced these words : — "Should the States reject this excellent Constitu- tion, the probability is that an opportunity will never again offer to cancel another in peace. The THE CONVENTION. 209 next will be drawn in blood." And in the last speech which Franklin delivered in the assembly, he thus expressed himself : — " I consent, sir, to this Constitution, because I expect no better, and because I am not sure that this is not the best. The opinions I have had of its errors I sacrifice to the public good. I have never whispered a syllable of them abroad. "Within these walls they were born, and here they shall die. If every one of us, in returning to our constituents, were to report the objections he has had to it, and endeavour to gain partisans in support of them, we might prevent its being generally received, and thereby lose all the salutary effects and great advantages, resulting naturally in our favour, among foreign nations as well as among ourselves, from our real or apparent unanimity. Much of the strength and efficiency of any government, in procuring and securiug hap- piness to the people, depends on opinion — on the general opinion of the goodness of that government, as well as of the wisdom and integrity of the governors. I hope, therefore, that for our own sakes, as a part of the people, and for the sake of posterity, we shall act heartily and unanimously in recommending this Constitution, wherever our p 210 THE CONVENTION. influenee may extend, and turn our future thoughts and endeavours to the means of having it well administered." Then, while the members were signing, he turned towards the image of a sun, painted at the back of the President's chair, and said: — "Often and often, in the course of the session, I have looked at it without being able to tell whether it was rising or setting; but now, at length, I have the happiness to know, that it is a rising, and not a setting sun." Of the delegates from New York, the name of Hamilton is alone attached to the instrument. His two colleagues had withdrawn from the Convention, and left him aU the honour and burthen of the day. There is abundant testimony as to how he discharged the duties of his position. " If," said Br. Johnson of Connecticut, "the Constitution did not succeed on trial, Hamilton was less responsible for it than any other member; for he fully and frankly pointed out to the Convention what he apprehended were the infirmities to which it was liable. And if it answered the fond expectations of the public, the community would be more indebted to HamUton than to any other member; for, after its essential outlines were agreed to, he laboured most inde- THE CONVENTION. 211 fatigably to heal those infirmities, and to guard against the evils to which they might expose it." In thus lending his aid to amend what he could not entirely approve, Hamilton showed the largeness of his mind, and the sincerity of his patriotism. He was not willing to risk anarchy, civil war, perhaps military despotism, in the pursuit of that which can only be attained by time and expeeibnce. The explanation of his conduct is contained in his own memorable words : — " It may be in me a defect of political fortitude, but I acknowledge that I cannot entertain an equal tranquillity with those, who affect to treat the dangers of a longer continu- ance in our present situation as imagioary. A nation without a national government is an awful spectacle. The establishment of a constitution in a time of profound peace, by the voluntary consent of a whole people, is a peodigy, to the completion of which I look forward with trembling anxiety." p 2 CHAPTEE IX. FEDEEALISTS AND EEPUBLICANS. THE Convention being dissolved, the plan of the Constitution was. laid before the country, and at once excited the most varied feelings of approbation and dissent. In general it was sup- ported by those moderate men, who, like its framers, looked with apprehension at the actual state of affairs, and desired, by any reasonable compromise, to consolidate a practicable government. On the other hand, it was violently opposed by all that class of politicians, who viewed with jealousy the rise of any central power, and whose theory of freedom precluded the notion of authority. Two great parties joined issue on the question of its acceptance or rejection. They took the names of Federalists and Anti-Federalists. A few years later, after the Constitution had been adopted, the same two parties, with some modifications, continued to FEDEEALISTJ AND r REPUBLICANS. 213 divide the people of America ; but they were then called Federalists and MepuUicans. These names, like almost aU party designations, do not, in themselves; convey any accurate meaning. In one sense aU Americans were Federalists, for all believed in the necessity of some Federal tie, to bind together the several States; and in one sense all were Eepublicans, for they were persuaded that no other form of government was then possible in the Union. But the original distinction between the parties was, that the one sought first to establish and afterwards to strengthen a central government, with sufficient powers to uphold its own dignity and that of the nation ; whilst the other strove to circumscribe those powers on every side, and to make them in all respects subservient to the local privileges of the States; As time went on, other causes of difference arose between them, some of the leaders changed sides, old alliances were broken up, and new combinations formed. A day was to come, for instance, when Hamilton and Madison stood in direct opposition to each other. But, for the present, they acted heartily together, and their first object was to secure the acceptance of the Constitution. 214 FEDEEALISTS- ..PUBLICANS. One of the most efficient engines employed in accomplishiQg this purpose was the publication of a series of essays under the name of " The Fedeeal- IST," which Americans stni regard as the greatest and most complete exposition of the principles of their constitutional law. It was the work of Hamil- ton, Madison, and Jay ; but of the eighty-five essays, of which it is composed, upwards of fifty were written by Hamilton, "It was from him," says Mr. Curtis, " that the Federalist derived the weight and the power, which commanded the careful atten- tion of the country, and carried conviction to the great body of intelligent men in all parts of the Union. The extraordinary forecast with which its luminous discussions anticipated the operation of the new institutions, and its profound elucidation of their principles, gave birth to American consti- tutional law, which was thus placed at once above the field of arbitrary constructions, and in the domain of legal truth. They made it a science; and so long as the Constitution shall exist, they wlU continue to be resorted to, as the most impor- tant source of contemporaneous interpretation which the annals of the country afford." The iu'st number of the Federalist was written by FEDERALIST'S AND ItEPUBLICANS. 215 Hamilton in the cabin of a sloop, as he glided down the waters of the Hudson on his way to New York, and was published in that city on the 27th of October, 1787. It opens with a remarkable introduction, as full of vigour and boldness as of wisdom and moderation. " Among the most formid- able of the obstacles," it says, "which the new Constitution will have to encounter, may readily be distinguished the obvious interest of a certain class of men in. every State, to resist all changes which may hazard a. diminution of the power, emolument, and consequence of the offices they hold under the State establishments — and the perverted ambition of another class of men, who will either hope to aggrandize themselves by the confusions of their country, or will flatter themselves with fairer pro- spects of elevation from the subdivision of the empire into several partial confederacies, than from its union under one government. "It is not, however, my design to dwell upon observations of this nature. I am aware it would be disingenuous to resolve indiscriminately the opposition of any set" of men into interested or ambitious views, merely because their situations might subject them to suspicion. Candour will 216 FEDERALISTS 'l' ,, ..i^CTBLICANS. oblige us to admit that even sucli men may be actuated by upright intentions; and it cannot be doubted that much of the opposition which has already shown itself, or that may hereafter make its appearance, will spring from sources, blameless at least, if not respectable — the honest errors of minds led astray by preconceived jealousies and fears. So numerous, indeed, and so powerful are the causes which serve to give a false bias to the judgndent, that, upon many occasions, we see wise and good men on the wrong, as well as on the right side of questions of the first magnitude to society. This circumstance, if duly attended to, would always furnish a lesson of moderation to those who are engaged in any controversy, however well persuaded of being in the right. And a further reason for caution in this respect might be drawn from the reflection, that we are not always sure that those who advocate the truth are actuated by purer principles than their antagonists. Ambition, avarice, personal animosity, party opposition, and many other motives not more laudable than these, are apt to operate as well upon' those who support, as upon those who oppose the . right side of a question. Were there not even these inducements to modera- FEDEEALISTS AND REPUBLICANS." 217 lion, notMng could be more ill-judged than that intolerant spirit, which has, at aU times, character- ized political parties. For, in politics as in religion, it is equally absurd to aim at making proselytes by fire and sword. Heresies in either can rarely be cured by persecution. "And yet, just as these sentiments must appear to candid men, we have already sufEicient indications that it will happen in this as in aU former cases of great national discussion. A torrent of angry and malignant passions wUl be let loose. To judge from the conduct of the opposite parties, we shall be led to conclude that they will mutually hope to evince the justness of their opinions, and to increase the number of their converts, by the loudness of their declamations, and by the bitterness of their invec- tives. An enlightened zeal for the energy aiid ef&ciency of government, will be stigmatized as the offspring of a temper fond of power, and hostile to the principles of liberty. An over-scrupulous jealousy of danger to the rights of the people, which is more commonly the fault of the head than of the heart, wiU be represented as mere pretence and artifice — the stale bait for popularity at the expense of public good. It wlU be forgotten, on the one 218 FEDEEALISTS AND EEPUBLIOANS. hand, that jealousy is the usual concomitant of , violent love, and that the noble enthusiasm of liberty is too apt to be infected with a spirit of narrow and illiberal distrust. On the other hand, it will be equally forgotten, that the vigour of government is essential to the security of liberty; that, in the contemplation of a sound and well- informed judgment, their interests can never be separated; and that a dangerous ambition more often lurks bfehind the specious mask of zeal for the rights of the people, than under the forbidding appearances of zeal for the firmness and ef&ciency of government. History will teach us, that the former has been found a much more certain road to the in- troduction of despotism than the latter, and that, of those men who have overturned the liberties of re- publics, the greatest number have begun their career by paying an obsequious court to the people — com- mencing demagogues, and ending tyrants." It was in this frank and manly strain — so unlike the nauseous flattery of later times — that Hamilton always addressed his countrymen. By thus appeal- ing to their good sense and spirit of fairness, he was reaUy paying them a higher compliment, than if he had sought to conciliate their prejudices, or pander FEDERALISTS AND EEPUBLICANS. 219 to their foibles. And there was yet enough of sound opinion ia America, unspoiled by the base and grovel- ling adulation which has since exalted the popular idols into gods, to appreciate this mode of dealing with great subjects. The influence of the Federalist was felt throughout' the Union, and left behind it an impression, which all the foUy and arrogance of succeeding years have never whoUy obhterated. It is not intended here, to give a detailed account of this memorable treatise. It purports to discuss the utility of the Union — the insufficiency of the Confederation to preserve it — the necessity of a government at least equally energetic with the one proposed — the conformity of the proposed Consti- tution to republican principles — ^its analogy to the State constitutions — and the additional security which its adoption would afford to the preserva- tion of a republican government, to liberty, and to property. While it exhausts the subject iahand, it abounds ta general reflections of the highest value, and in passages rich with the sterling ore of true political wisdom. It anticipates and answers every objection to the main principles on which the authority of all government must be founded, and its arguments are in many respects as applic- 220 FEDERALISTS AND KEPUBLICANS. aWe to our own or any other day, as they were to the particular times and circumstances in which they were first written. The conclusion to which Hamilton came, and which he endeavoured to impart to his fellow- citizens, was, that the proposed Constitution, al- though not perfect in every part, was upon the whole a good one — the best, perhaps, that the present views and circumstances of the country would permit — and such as promised every species of security which a reasonable people could desire. But he laboured also to impress on their minds, that its success or faHuie must depend, after aU, upon them — that institutions are in themselves of little avaU, unless worked by the energy, and supported by the virtue of freemen. He wished to have a government strong enough to maintain itself against personal cupidity or ambition ; but he looked for no permanent existence of such a government, imless it could command the confidence, acquire the affec- tion, and be sustained by the active co-operation of the main body of the people. " If opposition to the National Government should arise," he says, "from the disorderly conduct of refractory or seditious individuals, it could be overcome by the same FEDERALISTS AND EEPUBLICANS. 221 means, which are daily employed against the same evil under the State Governments. The magistracy, being equally the ministers of the law of the land, from whatever source it might emanate, would doubtless be as ready to guard the national as the local regulations from the inroads of private licen- tiousness. As to those partial commotions and insurrections which sometimes disquiet society, from the intrigues of an inconsiderable faction, or from sudden or occasional iU-humours that do not affect the great body of the community — the general government could command more extensive re- sources for the suppression of disturbances of that kind, than would be in the power of any single member. And as to those mortal feuds, which, in certain conjunctures, spread a conflagration through the whole nation, or through a very large propor- tion of it, proceeding either from weighty causes of discontent given by the government, or from the contagion of some violent popular paroxysm, they do not fall vjithin any ordinary rules of calculation., "When they happen, they commonly amount to revolutions, and dismemberments of empire. No form of government can always either avoid or control them. It is in vain to hope to 222 FEDERALISTS AND EBPUBLICANS. guard against events too mighty for human fore- sight or precaution ; and it would be idle to object to a government, because it could not perform im- possibilities." It is certaia from this, and many similar passages, that, much as he wished to strengthen the central government for aU ordinary purposes, Hamilton never" contemplated the maintenance of the Union ly force, against the declared opposition of a large portion of its members. " Every view we may take of the subject," he says, "as candid inquirers after truth, will serve to convince us, that it is both unwise and dangerous to deny the federal govern- ment an unconfined authority, in respect to aU those objects which are intrusted to its management. It will indeed deserve the most vigilant and careful attention of the people, to see that it be modelled in such a manner, as to admit of its being safely vested with the requisite powers. If any plan, which has been, or may be offered to our con- sideration, should not, upon a dispassionate inspec-. tion, be found to answer this description, it ought to be rejected. A government, the constitution of which renders it unfit to be intrusted with aU the powers which a free peaplc ought to delegate, to any FEDEEALISTS AUB EEPUBLICANS. 223 government, -would be an unsafe and improper deposi- tary of the national interests. "Wherever these can with propriety be confided, the coincident powers may safely accompany them. This is the true result of all just reasoning upon the subject. And the adversaries of the plan promulgated by the Con- vention would have given a better impression of their candour, if they had confined themselves to showing, that the internal structure of the proposed government was such as to render it unworthy of the confidence of the people. They ought not to have wandered into inflammatory declamations and \mmeaning cavils about the extent of the powers. The powers are not too extensive for the objects of federal administration, or, in other words, for the management of our national interests; nor can any satisfactory argument be framed to show that they are chargeable with such an excess. If it be true, as has been insinuated by some of the writers on the other side, that the difiiculty arises from the nature of the thing, and that the extent of the coujitry will not permit us to form a government, in which such ample powers can safely be reposed, it would prove, that we ought to contract our views, and resort to the expedient of separate confederacies. 224 FEDERALISTS AND EEPUBLICANS. which will move within more practicable spheres. For the absurdity must continually stare us in the face, of coniidiag to a government the direction of the most essential national concerns, without daring to trust it with the authorities which are indispensable to their proper and efficient manage- ment. Let us not attempt to reconcile contradic- tions, but firmly embrace a rational alternative." All the ability displayed in the Federalist, and all the exertions of Hamilton and his friends, were required to secure the acceptance of the Constitu- tion. The struggle was long and arduous. The adoption of the scheme was not only opposed by passion and prejudice, but by the strong and earnest convictions of some men of high talent and character. "I can say with truth," exclaimed liUther Martin, addressing the legislature of Maryland, "that so far was I from being influenced in my conduct by interest, or the consideration of office, that I would cheerfully resign the appointment I now hold; I would biad myself never to accept another, either under the general government or that of my own State ; I would do more, sir — so destructive do I consider the present system to the happiness of my pountry — I would cheerfully sacrifice that share of FEDERALISTS AND REPUBLICANS. 225 property with which heaven has blessed a life of industry; I would reduce myself to indigence and poverty; and those who are dearer to me than my own existence, I would intrust to the care and protection of that Providence who hath so kindly protected myseH — if on these terms only I could procure my country to reject those chains which are forged for it." In the face of such an opposition it was impossible not to feel anxious. '' It is almost arrogance," said Hamilton, "in so complicated a subject, depending so entirely upon the incalculable fluctuations of the human passions, to attempt even a conjecture about the result." What he did was to throw his whole strength into the contest, and to leave no honest means untried to accomplish the end. During the months that elapsed between the dissolution of the Convention and the ratification of the Constitution, his vigilance never slumbered, and his exertions were not relaxed for a moment. Many able men were engaged in that struggle, but none rendered such service as he did to the Federalist cause. He had made it emphatically his own, and was resolved to aid it with all the resources of his genius. The first State which ratified the Constitution Q 220 FEDEEALISTS AND EEPUBLICANS. was the little community of Delaware, on the 7th of December, 1787. Tlie important State ^of Pennsyl- vania, influenced by the name of Tranlslin, and the personal exertions of James Wilson, was the next to foUow. Then came New Jersey, Georgia, and Connecticut. But, with the opening of the year 1788, it was felt that the chief battle must be fought in^ Massachusetts, New York, and Virginia, and that, if even all three were gained* over, it would still require one of the remaining States, to make up that mystical number nine on which so mvich depended. The Convention of Massachusetts met on the 9th of January, and, after long debate, ratified the Constitution on the 7th of February, but only by a majority of nineteen votes, in a house of 355 members. Maryland followed on the 28th of AprU, in spite of the efforts of Luther Martin, and, before the close of May, South Carolina had given in her adhesion. Eight States were thus gained ; but New York, Virginia, and New Hampshire were yet doubtful, and North Carolina and Ehode Island seemed determined to stand aloof. The Convention of Virginia was to meet on the 2d of June at Eichmond, and that of New York on the 17th of the same month, at Poughkeepsie, on the banks of FEDERALISTS AND EEPUBLIOANS. 227 the Hudson. In tlie one was Madison, in the other Hamilton; and a system of horse-expresses was arranged between them, as well as with the Federal- ists of New Hampshire, to convey the earliest intelligence of those momentous proceedings to each other. In Virginia the opposition was led by Patrick Henry, whose fiery eloq^uence had done so much in exciting his countrymen to resistance, in the com- mencement of the struggle with Great Britain ; in New York the whole interest of Governor Clinton and his friends, and many local, and many personal prejudices, were arrayed against the adoption of the Constitution. There was even a party in the latter State, with sufficient confidence ia the growing power and importance of their own community, to be willing to separate altogether from the Union. " Let us tui-n our eyes," says Mr. Curtis, in the valuable work so often quoted in these pages, " to the pleasant village on the banks of the Hudson, where the Convention of New York was already assembling. Hamilton was there, and was its leading spirit. How vigilant and thoughtful he was, we know — sometimes watching for the messenger who might descend the Eastern hiUs with reports from New Q 2 228 FEDERALISTS AND EEPTJBLICANS. Hampshire — sometimes turning to the South, and listening for the footfall of his couriers from Virginia — but always preparing to meet difficulties, always ready to contest every inch of ground, and never losing sight of the great end to be accomplished. The hours were slow and heavy to him. The lines of horse-expresses which he had so carefully adjusted, and at whose intersection he stood to collect the momentous intelligence they would bring him, were indeed a marvel of enterprise at that day ; but how unlike were they to the metallic lines that now daily gather for us, from all ends of the land and with the speed of lightning, minute notices of the most trivial or the most important events ! Still, such as his apparatus was, it was all that could be had ; and he awaited, alike with a firm patience and a faithful hope, for the decisive results. Even at this distance of time, we share the fluctuations of his anxious spirit, and our patriotism is quickened by our sympathy. "Earely indeed, if ever, was there a statesman having more at stake in what he could not person- ally control, or greater cause for solicitude concern- ing the public weal of his own times, or that of future ages, than Hamilton now had. His own FEDERALISTS AND KEPUELICANS. 229 prospects of usefulness, according to tlie principles which had long guided him, and the happiness or misery of his country, were all, as he was deeply convinced, involved in what might happen within any hour of these few eventful days. The rejection of the Constitution by Virginia would, in all pro- bability, cause its rejection by ^ew York. Its rejec- tion by those States would, as he sincerely believed, be followed by eventual disunion and civil war. But if the Constitution could be established, he could see the way open to the happiness and wel- fare of the whole Union; for, although it was not in all respects the system that he would have pre- ferred, he had shown in the Federalist how pro- foundly he understood its bearing upon the interests of the country, into what harinony he could bring its various provisions, and what powerful aid he could give in adjusting it into its delicate relations to the States. He had, too, akeady conceived the hope that its early administration might be imder- taken by Washington; and with the government in the hands of Washington, Hamilton could foresee the success which, to us, is now historical. " To say that Hamilton was ambitious, is to say that he was human ; and he was by no means free 230 FEDEEALISTS AND ■ KEPUBLICANS. from human imperfections. But his was the ambi- tion of a great mind, regulated by principle, and made incapable by the force and nature of his con- victions of seeking personal aggrandizement through any course of public policy, of which those convic- tions were not the mainspring and the life. In no degree is the character of any other American states- man undervalued or disparaged, when I insist on the importance to all America, through all time, of Hamilton's public character and conduct in this respect. It was because his future opportunities for personal distinction and usefulness were now evidently at stake, in the success of a system that would admit of the exercise of his great powers in the service • of the country — a system that wouM afford at once a field for their exercise, and for the application of his political principles — and because he could neither seek nor find distinction in a line of politics which tended to disunion — that his posi- tion at this time is so interesting and important. As a citizen of New York, too, liis position was personally critical. He had carried on a vigorous contest with the opponents of the Constitution in that State; he had encountered obloquy, and mis- representation, and rancour — perhaps, he had pro- FEDERALISTS AND REPUBLICANS. 231 voked them. He had told the people of the State, for years, that they had listened to wrong counsels, ■when they had lent themselves to measures that retarded the growth of a national spirit and an efficient general government. The correctness of his judgment was now, therefore, openly and pal- pably in the issue. His public policy, with reference to the relations of the State to the Union, was now to stand or to fall with the Constitution proposed." At first, the opposition sought to reject the plan as defective, while they disclaimed all wish to bring about a dissolution of the Union ; but when, on the 24