eighty three; or until, States having peculiar commercial advantages, should forbear a system of partial legislation." Yielding to wise influences she rescinded this resolution; but declared, that the requisition had no binding force. There was reason to expect that Pennsylvania would perform her federal duty, and would enlarge the federal powers; but that New York would depart from her then selfish and obnoxious policy, there was little ground of hope. The improvident importations made on the return of peace had poured into her coffers a large revenue, increased by the navigation acts of other States; rendering her the entrepôt of the region east of the Delaware. Under these circumstances, it was not difficult to inculcate a persuasion, "that the commercial advantage of the State depended upon retaining the power to collect her own revenues."* Thus cupidity, and ambition, and pride were all united in blinding her to exterior dangers; in giving her an undue sense of her own importance; and in rendering her, for the time, a jealous advocate of State sovereignty! This was seen in all her recent persistent legislation. An act passed, in accordance with the first recommendation of Congress, in seventeen hundred and eighty one, of the grant of power to raise an impost, giving them the fullest authority to levy, and collect it by their own officers, was repealed; and, although the grant was renewed, the duties were to be collected by the officers, and under the authority of the State. The second recommendation of Congress, in seventeen hundred and eighty three, was rejected by the two successive legislatures of seventeen hundred and eighty four, and eighty five; and in eighty six, though a power of raising a revenue by an impost was granted, "the sole power of levying and collecting the duties" was reserved to the State. Thus denied all virility, Congress could only implore. Hamilton felt that it was now time to bring to a definite issue, the pregnant question in her policy, of granting or refusing the means of maintaining the Union; if refused by her, of her entering into a concert in a general arrangement embracing leading national objects.†

* Curtis-History of the Constitution, i. 344. In opposition to the adoption of the present Constitution was a busy organization called "The Republican Club," the most active person of which in his correspondence with the opponents of it in other States, was the Collector of the New York Customs. George Mason agreed to act as chairman of the "Republican Society" in Virginia.-Life of John Lamb.

"Hamilton," Colonel Troup relates, "had no idea that the legislature could be prevailed on to adopt the system as recommended by Congress;

Massachusetts, checked for a time in her forward action, was now again in motion. Her Governor, after descanting upon the importance of conferring the requisite powers upon Congress, placed before her legislature the grave enquiry-"Shall the Union cease to exist?"; and, as soon as he received the Circular of Virginia, recommended an appointment of Commissioners to the contemplated Commercial Convention, which was made. New Jersey, Pennsylvania, and Delaware united with Virginia in the mission to Annapolis, where Benson, the Attorney General, and Hamilton, two of the representatives appointed by the legislature of New York, arrived on the seventh of September. After some delay, awaiting the deputies from other States who did not appear, this assemblage of only twelve persons, appointed a committee to prepare a report, which being accepted, the Convention adjourned.

The draft of this report was by Hamilton, though not formally one of the Committee.* In this draft, as originally framed, Hamilton exhibited at large, the condition of the country, and the necessity of an efficient national Government. But, from the opinions he met there, and from the lukewarmness manifested by the non-attendance of the delegates of most of the States, it was thought, that his statements were too full, and explicit; and he reduced the report to the form in which it was issued on the fourteenth of September seventeen hundred and eighty six. It was addressed to the five States there represented; and copies of it were transmitted to Congress and to the executives of the other States. The terms of this Address are seen to have been very carefully guarded, so as to be in strict accordance with the thirteenth of the articles of the Confedera

neither had he any partiality for a commercial convention, otherwise than as a stepping stone to a general convention, to form a General Constitution. In pursuance of his plan, Mr. Duer, the late Colonel Malcolm and myself, were sent to the State legislature, as part of the city delegation, and we were to make every possible effort to accomplish Hamilton's objects. * **We went all our strength in the appointment of commissioners to attend the commercial convention, in which we were successful-Hamilton was appointed one of them. Thus it was, that he was the principal instrument to turn the State to a course of policy that saved our country from incalculable mischiefs, if not from ruin."

* Memoir published by Judge Benson.

Edmund Randolph, Governor of Virginia, objected to the Report as first framed; Madison then observed to Hamilton, "You had better yield to this man, otherwise all Virginia will be against you."

tion, which required that, "any alteration of them should be agreed to in Congress, and confirmed by the legislature of every State;" while the latitude with which the object of the proposed Convention is expressed-" to devise such further provisions as shall appear to them necessary to render the Constitution of the federal government adequate to the exigencies of the Union," indicates clearly Hamilton's determined purpose to endeavor to establish a well organized NATIONAL GOVERNMENT. The contemplated general Convention was asked to meet at Philadelphia on the second Monday of the coming May.

This interval was momentous. The insurrection in New England, suppressed by a local force, raised without waiting the sanction of Congress, which the Articles of Confederation required, proved the want of the peace establishment which Hamilton in vain, had planned and urged; and New York, in stolid stubbornness, was defying every appeal to her better reason, to her great interests, and to her highest duty. The other States had at length granted to Congress, power to levy and collect an impost. These grants, the last act of New York in relation to it, rendered nugatory. In this great emergency, Congress requested her Governor to convene an extra session of her legislature. Clinton refused on the ground, that his power to convene it was limited, to "extraordinary occasions." Congress, then sitting at New York, declared that the act of New York was not a compliance with the general plan-that "the present critical and embarrassed state of the finances was such as to require that the system of impost should be carried into immediate effect;" that they consider this as "an occasion sufficiently important and extraordinary" for the convening of the legislature, and earnestly recommended that it should be immediately called. Clinton was deaf to this most earnest appeal. The friends of the Union in New York were roused with indignation. They resolved to endeavour to redeem their State from such misguiding. General Schuyler had again been elected to its Senate. Hamilton, though opposed by the men whose cupidity he had exposed in 'eighty four, and who were among the chief adherents of Clinton, was chosen by the City of New York, one of its members of Assembly. His services in this body have left a marked impress on the legislative code of this State; but these were secondary to the influence he was enabled to exert upon the counsels of the Confederacy. The question before it, which rose in magnitude above all others, was-that of the grant to Congress of the

power to raise an Impost. In behalf of this grant, Hamilton made an effort of argument and of eloquence not below the momentous topic-the union and general welfare of a free people. Around him were standing the few disheartened members of an anxious Congress; and most of the most distinguished men of the State. His effort, though thwarted, was not in vain, for he then and there established an influence, which, perhaps, it may not be erroneously stated, established the Federal constitution. What force of mind he displayed is seen in the fact, that not one of the numerous opposition ventured a reply. The resolution for the grant was defeated by a silent vote—as was said "the Impost was strangled by a band of mutes." This vote was given on the fifteenth of February 1787 while Congress were still hesitating their approval of the proposed General Convention. Though outvoted in this measure, Hamilton felt that in all this exertion of his powers, his gracious temper had rightly touched the temper of the Assembly; and, the day after this vote, a notice was given of an intended motion for an instruction to Congress to recommend the call of a general Convention. This proposed instruction was expressive of the great purpose in Hamilton's thoughts;-that "of revising the Articles of Confederation and perpetual Union, by such alterations and amendments, as a majority of the representatives shall judge proper and necessary to render them adequate to the preservation and government of the Union." Had this instruction as thus framed passed, the present civil conflict would not have taken place, and the question of the duration of this Government would not continue to agitate thoughtful minds. Though injuriously modified in its terms by the State party in the House, this Instruction passed; and through the influence of Schuyler, at an urgent moment, was adopted by the Senate, by a majority of one vote. The next day, Hamilton's Report from Annapolis was called up in Congress. By some it was supposed their sanction of the Convention might stimulate; by others it was alleged, that it would impede the action of the States. Some looked with jealousy at a body so formed, others doubted its "legality." Amid this perplexity-at this critical moment-the instruction of New York was presented to them and determined their action. Its precise instruction failed, though supported by Massachusetts and Virginia. A new resolution, offered by a member of the former state, being amended, passed.

Referring to the provision for their alteration, in the Articles

of the Confederation, and to " the instructions of several States; and particularly the State of New York;" and declaring it to be "the most probable means of establishing in these States a firm national Government," it sanctioned the contemplated Convention, for the purpose "of revising" the Confederation, and reporting to Congress and to the several States "such alterations and provisions therein, as shall, when agreed to by Congress, and confirmed by the States, render the Federal Constitution, adequate to the exigencies of government and the preservation of the Union." One great barrier, Hamilton had now removed. Congress had surrendered its exclusive right to innovate upon the Articles of the Confederation. His great purpose was attained-the calling of a Convention to be composed of men of the highest intellect, and the longest and largest experience in this country, by Congress, thus giving its sanction to this new body when convened-and trusting to the indeterminate commissions of its members, to organize a government fully capable of promoting and perpetuating the welfare of a great nation. Nor was this all. The existing Government was, by this act, made auxiliary to its own modification, or even subversion, by the substitution of another government, without violating the constitutional provisions of the Confederation; and, still looking to every contingency, the ligaments of the imperfect league were preserved; until, perhaps, the coming of some more favorable moment for its reconstruction. This may be pronounced a masterly achievement.

Having thus successfully exerted the influence of this act of reluctant New York upon the reluctant Congress; Hamilton was eager to derive the benefit of the influence of this recommendation of Congress upon that State; and five days after, he presented a resolution to the assembly of New York, conforming to that recommendation, for the appointment of five commissioners to meet in the General Convention. The proposed number was reduced to three; and a proviso was urged, that the alterations and provisions of the Confederation "should be not repugnant to, or inconsistent with the Constitution of this State."* This proviso was lost by the vote of the presiding officer of the Senate. Hamilton's resolution was passed; and on the eighth of March, Hamilton, Lansing and Yates were appointed the three commissioners. As the rule of the Confedera

*Proposed by Chief Justice Yates.