The Essential Hamilton, page 48
85.18 General Knox] Major General Henry Knox (1750–1806) signed the Newburgh petition.
FRAMING AND RATIFYING THE CONSTITUTION, 1787–1789
89.1 Plan of Government] Hamilton included this plan as part of his lengthy speech to the Federal Convention on June 18, 1787. In mid-September 1787, around the time of the close of the Convention, Hamilton presented James Madison with a more detailed draft of a proposed constitution; some of the changes and additions included in the later draft are noted below.
89.4 Assembly . . . senate] Hamilton specified in his later draft that initially the Assembly would have 100 members and the Senate 40, both apportioned among the states according to population. Bills for raising revenue, for support of the navy and army, and for appropriating money to pay the salaries of government officials would originate in the Assembly, but could be altered and amended by the Senate.
89.6 pass all laws whatsoever] In his later draft Hamilton included prohibitions against the passing of bills of attainder and ex post facto laws, the granting of titles of nobility, and the establishment of religious denominations and of religious tests for office.
89.8 by the People] Hamilton specified in his later draft that members of the Assembly were to be chosen by “the free male citizens and inhabitants” of the states over the age of 21.
89.11–12 Electors . . . People] In his later draft Hamilton specified that the senatorial electors were to be chosen by males who would hold an estate in land for life or for at least fourteen years.
89.17 governor] In the later draft, “President of the United States.”
89.19 by the people] Hamilton specified in his later draft that the presidential electors would be chosen by citizens “having an estate of inheritance or for three lives in land” or a personal estate of at least $1,000.
89.24–25 Commander in Chief] Hamilton added in his later draft that the President would not take actual command in the field without the consent of the Senate and the Assembly.
90.7 twelve Judges] In his later draft Hamilton wrote that the “Supreme Court” should consist of “not less than six nor more than twelve judges” and be headed by a “Chief Justice.”
90.9–10 original jurisdiction . . . appellative jurisdiction] Hamilton added in his later draft that the Supreme Court would have original jurisdiction in all cases “in which the United States shall be a party, in all controversies between the United States and a particular state or between two or more states” and appellate jurisdiction in all cases “in which the fundamental rights of this constitution are involved.” All crimes (except impeachment) would be tried by a twelve-man jury in the state where the crime occurred. The later draft also included an article on the trial of territorial claims.
90.20–21 impeachments . . . judges] Hamilton’s later draft added that a majority of judges present could convict.
91.1–2 Speech . . . Plan of Government] This speech, delivered on June 18, 1787, and lasting between five and six hours, constituted Hamilton’s principal contribution to the convention debates. In addition to the versions of the speech recorded by James Madison and Robert Yates that are presented here, John Lansing Jr. and Rufus King recorded shorter versions in their notes. Yates’s version of the speech was first published in 1821, Madison’s in 1840, King’s in 1894, and Lansing’s in 1939.
91.14 both plans] The Virginia Plan, presented to the Convention by Edmund Randolph on May 29, 1787, and the New Jersey Plan, presented by William Paterson on June 15. While the Virginia Plan proposed creating a supreme national government with distinct executive, legislative, and judicial branches, the New Jersey Plan proposed retaining the existing Congress while granting it additional powers.
91.32 (Mr. R.)] Virginia governor Edmund Randolph (1753–1813).
93.7 Masss. . . . necessity] A series of protests by farmers in western Massachusetts against tax collections and farm foreclosures led in September 1786 to the outbreak of “Shays’ Rebellion,” named after one of its leaders, the Revolutionary War veteran Daniel Shays (1747?–1825). The uprising was suppressed by Massachusetts militia in February 1787.
96.13 Mr. Neckar] Jacques Necker (1732–1804), French director-general of finance, 1777–81.
96.30 Senate (of Maryland)] Under the 1776 state constitution, the Maryland senate was elected indirectly by an electoral college chosen by the voters.
96.33 a paper emission] The Maryland senate rejected bills issuing paper money passed by the house of delegates in December 1785 and December 1786.
98.8–9 Report . . . the whole] The Convention met as a committee of the whole from May 30 to June 13, 1787, to debate the Virginia Plan and then prepared a report in the form of nineteen resolutions.
98.25 sketch of a plan] See pp. 89–90 in this edition.
106.4 my arrival here] Hamilton left Philadelphia on June 29 and returned to New York City to attend to private business.
107.18 Conjectures . . . Constitution] Hamilton did not publish this memorandum, and is not known to have circulated it.
110.1 The Federalist No. 1] The Federalist eventually included 85 essays, 51 of which were written by Hamilton, 29 by James Madison, and 5 by John Jay. (Hamilton and Madison subsequently made conflicting claims regarding the authorship of some of the essays, all of which appeared under the name “Publius”; modern scholarship accepts the accuracy of Madison’s attributions.) Each Federalist essay appeared in several New York newspapers over the course of several days; this edition gives the newspaper and date of first publication at the end of each essay, except for The Federalist No. 78 and No. 84, which first appeared in book form. Hamilton corrected and revised The Federalist for its first book edition, published in two volumes by John and Archibald McLean on March 22 and May 28, 1788. Some significant differences between the newspaper and McLean versions of the essays are noted below.
115.25–27 valuable territories . . . surrendered?] The British continued to occupy several frontier posts in the Northwest Territory ceded to the United States by the 1783 peace treaty, claiming that the United States had not fulfilled its treaty obligations to secure the payment of debts owed to British creditors and to compensate Loyalists for seized property.
122.7 The Federalist No. 35] The Federalist No. 35 in the McLean edition appeared as The Federalist No. 33 in the newspapers.
128.1 The Federalist No. 70] The Federalist No. 70 in the McLean edition appeared as The Federalist No. 69 in the newspapers.
134.35 the celebrated Junius] The author of a series of letters criticizing George III, Lord Chief Justice Mansfield, and the ministry of the Duke of Grafton that were published in the London Public Advertiser from 1769 to 1772.
134.39 De Lome] Jean Louis Delolme (1740–1806), author of Constitution de l’Angleterre (1771).
136.9 a Mr. V Der Kemp] Francis Adrian van der Kemp (1752–1829), a Dutch Mennonite minister who came to America as a political refugee in 1788.
137.14 The Federalist No. 78] The Federalist No. 78 and No. 84 first appeared in the second volume of the McLean edition of The Federalist, published on May 28, 1788. No. 78 was reprinted in the Independent Journal and the New-York Packet from June 14 to June 20, 1788, and No. 84 was reprinted from July 16 to August 12, 1788.
142.38–39 Protest of the minority . . . Martin’s speech] “The Address and Reasons of Dissent of the Minority” was published by 21 members of the Pennsylvania convention in the Pennsylvania Packet on December 18, 1787, six days after the convention voted 46–23 in favor of ratification. Luther Martin (1744–1826), a Maryland delegate to the Federal Convention, gave a lengthy address to his state legislature on November 29, 1787, in which he attacked the Constitution and revealed some of the proceedings of the Convention. An expanded version of his speech was published in twelve installments, December 28, 1787–February 8, 1788, and as a pamphlet, The Genuine Information, in April 1788.
151.6–7 Montgomery county] In 1787 Montgomery was the largest county in the state and extended over a wide area in central and western New York.
152.38 Rutherford’s Institutes] Thomas Rutherforth (1712–71), Institutes of Natural Law: Being the Substance of a Course of Lectures on Grogius de Jure Belli et Pacis (1754–56).
155.20–21 Speech . . . and Corruption] The New York ratifying convention opened in Poughkeepsie on June 17, 1788, with Antifederalists outnumbering Federalists among the delegates 46 to 19. At the time, eight states had ratified the Constitution, leaving only one more ratification necessary to put the Constitution into effect. This is the third of four speeches that Hamilton made on June 21, 1788. The texts of Hamilton’s speeches in the convention are taken from Debates and Proceedings of the Convention of the State of New-York, transcribed and edited by Francis Childs (1788).
155.23 hon. member from Ulster] Governor George Clinton, who had called for a more “comprehensive” representation in Congress.
155.26–27 gentlemen from Albany and Dutchess] John Lansing Jr. (1754–1829) and Melancton Smith (1744–1798), both of whom had advocated a larger representation in Congress.
160.17 honorable member] George Clinton.
161.18–19 the watch . . . Major Cochran] Hamilton was assisting Alexander Cochrane, a captain in the Royal Navy, in his attempts to recover a watch belonging to his late brother. The watch was eventually sent by George Washington to Hamilton, who arranged for General Daniel Morgan to receive 50 guineas for it.
163.12 To George Washington] Upon assuming office, Washington asked for advice on presidential etiquette from James Madison, John Adams, John Jay, and Robert R. Livingston, as well as Hamilton.
163.31 a levee day once a week] Washington adopted the practice of holding a formal levee every Tuesday afternoon and a small public dinner on Thursday evenings, while generally refusing private invitations.
SECRETARY OF THE TREASURY, 1789–1795
169.31 Neckar] Jacques Necker, who had served as director general of finance from 1777 to 1781, was returned to his former position in August 1788. Dismissed and then reappointed by Louis XVI under pressure in July 1789, Necker served until his resignation in September 1790.
171.7 your queries] In his letter Lee had asked Hamilton for information concerning the funding of the national debt for his “private information,” while acknowledging that his request might be improper. The two men had been friends since the Revolutionary War.
186.1–2 Opinion . . . National Bank] See Chronology, 1791.
190.31–33 arguments . . . certain State-banks] In the opinion he submitted to President Washington, Thomas Jefferson argued that a national bank was not necessary because “existing banks will without a doubt, enter into arrangements for lending their agency: & the more favorable, as there will be a competition among them for it.”
194.1–2 power . . . to remove officers] Congress gave the president the power to remove executive officers at pleasure in legislation establishing the State, War, and Treasury Departments passed in the summer of 1789 after first debating whether the consent of the Senate was constitutionally required for removals.
199.15–16 an argument . . . debate in the House] By James Madison on February 2, 1791.
218.30 To Philip A. Hamilton] Philip (1782–1801), Hamilton’s eldest child, was attending an Episcopal boarding school in Trenton, New Jersey.
219.11 Mairs introduction] John Mair, An Introduction to Latin Syntax . . . (1775).
219.27 To Edward Carrington] Carrington (1748–1810) had served in the Continental army with Hamilton and had been a Virginia delegate to the Continental Congress, 1785–86. In 1791 he was appointed supervisor of the revenue for Virginia.
223.28 Freneau . . . National Gazette] Supported by Jefferson and Madison, Philip Freneau (1752–1832) began publishing the National Gazette in Philadelphia on October 31, 1791.
224.18 Col Pickering] Timothy Pickering (1745–1829) was appointed Postmaster General in August 1791. Early in 1792 he became involved in a public dispute with Andrew Brown (1744?–1797), publisher of the Federal Gazette and Philadelphia Daily Advertiser, over the postal rates for newspapers. After Brown questioned his truthfulness, Pickering responded by reprinting a public notice from 1786 in which Brown admitted to having falsely accused another man of fraud.
225.1 Mr. Giles] William Branch Giles (1762–1830) of Virginia served in the House of Representatives, 1790–98, where he became a leading member of the Republican opposition.
225.14–16 Mr. Madison . . . such references] The legislation establishing the Treasury Department, passed in 1789 with Madison’s support, authorized its secretary, unlike the Secretaries of State and War, to communicate directly with Congress. In March 1792 Madison and other Republicans in the House opposed a motion directing Hamilton to report on ways to finance army reinforcements for the Northwest frontier, arguing that the request improperly shifted a legislative responsibility onto the executive.
226.17–18 The president . . . speech] Washington’s third annual message to Congress, October 25, 1791.
227.22–24 Charles Carroll . . . Mr. King] Charles Carroll of Carrollton (1737–1832) was a Federalist senator from Maryland, 1789–92. Rufus King (1755–1827) was a Federalist senator from New York, 1789–96, and one of Hamilton’s particular friends; he later served as U.S. minister to Great Britain, 1796–1803.
227.27 Mr. Mercers speech] John Francis Mercer (1759–1821) was a Republican representative from Maryland, 1792–94. He made these remarks in a speech of March 30, 1792.
227.36 Mr. Barnewell] Robert Barnwell (1761–1814) was a Federalist representative from South Carolina, 1791–93.
228.28 bounties to the Fisheries] The bill for aiding the cod fishery was debated and passed by the House in February 1792.
228.33 the Militia bill] The bill, which authorized the president to call forth state militias in case of an insurrection against federal authority, became law on May 2, 1792.
232.27 Poor Knox] Henry Knox (1750–1806) served as Secretary of War in the Washington administration from 1789 to 1794.
234.26–27 “ride in . . . the Storm.”] Joseph Addison (1672–1719), The Campaign (1705), line 291, later used by Alexander Pope in The Dunciad (1728), Book III, line 264.
235.4 An American No. I] Hamilton published two additional “American” letters on August 11 and 18, 1792.
235.7–8 the hint appeared in your Gazette of] The text printed here is taken from Hamilton’s manuscript; in the printed version that appeared in the Gazette of the United States on August 4, 1792, this appeared as “the hint appeared in your Gazette of 25th July.” The “hint” was a short piece by Hamilton, writing as “T.L.,” in which he questioned whether Philip Freneau was paid his government salary for translations or for publications designed to “vilify” the administration.
235.18–19 in capacity of] In the printed version: “in capacity of editor or superintendant.”
235.22–23 His talents for . . . this City.] This sentence did not appear in the printed version. Freneau edited the Freeman’s Journal: or the North-American Intelligencer from June 1781 through the fall of 1782.
235.25–27 There is good . . . that Negotiation.] This sentence did not appear in the printed version.
240.5–6 letter of the 26th of August] In his letter Washington alluded to the bitter feud between Hamilton and Jefferson and expressed his hope that “liberal allowances” would be made “for the political opinions of one another,” adding that without such “mutual forbearances and temporising yieldings on all sides,” he did not see how the Union could survive. The President had made a similar plea for reconciliation in a letter to Jefferson of August 23, 1792.
240.26–27 the retaliations . . . certain public characters] Hamilton refers to his ongoing newspaper campaign against Jefferson; see Chronology, 1792.
241.11–13 the persecution . . . Paine’s pamphlet] In 1791 Jefferson had sent a copy of Thomas Paine’s Rights of Man to Samuel Harrison Smith, a Philadelphia printer, along with a brief note decrying “the political heresies which have sprung up among us”; without Jefferson’s permission, Smith included the note in the pamphlet’s preface. Jefferson’s remark regarding “political heresies” was widely understood to be a criticism of Discourses on Davila (1790–91), a series of essays by John Adams attacking the French Revolution.
242.9 The subject . . . Postscript] Washington had asked Hamilton to note down ideas for inclusion in his address to Congress at the opening of the upcoming session.
242.25–26 Mr. Edwards . . . and Mr. Dallas] Pierpont Edwards (1750–1826), Aaron Burr’s uncle, and Alexander Dallas (1759–1817) of Pennsylvania.
243.14–15 Draft . . . Neutrality Proclamation] After learning in early April 1793 of France’s declaration of war on Great Britain, President Washington consulted with his cabinet and then issued a proclamation of neutrality on April 22, 1793.
244.23 Secret clubs are formed] Many “Democratic Societies” were organized in the spring of 1793 by supporters of the French Republic.
249.1 Pacificus No. I] Seven “Pacificus” essays appeared in the Gazette of the United States on June 29, July 3, 6, 10, 13–17, 17, and 27, 1793.
249.24 three heads] The text printed here is taken from Hamilton’s manuscript; in the printed version, this appeared as “four heads.”
250.39 Vatel] Emmerich de Vatel (1714–1767), The Law of Nations (1758).
257.26 To Andrew G. Fraunces] Andrew Fraunces, the son of Washington’s steward, Samuel Fraunces, had been dismissed from a clerkship in the Treasury Department in March 1793. Denied payment of two warrants issued by the Board of Treasury, he countered by publishing a pamphlet accusing Hamilton of allowing personal considerations to guide his administrative decisions, and then submitted his pamphlet to Congress to request payment on his warrants. Hamilton’s letter and enclosure were printed in two New York newspapers on October 11, 1793.
