peace," the compelling the people to lend the public their commodities; and that it would be a permanent resource by which the war might be supported as long as the earth would yield its increase." It was to be a system of impress-of forced loanswhich, merely as an occasional resort, Hamilton had recently condemned as "violent, unequal, oppressive and odious." Such are the dangers of an unbalanced government. It threatened, as Hamilton afterwards deprecated, that "anarchy would shoot into monarchy." Defeat and disaster following, only called forth the powers of Hamilton's mind, in repeated calls by him for increased governmental energies, but all were to be the energies of an adequately constituted government. "But, above all things," he wrote, "let us have without delay a vigorous government, and a well constituted army for the war."* "We must have an administration distinct from Congress, and in the hands of single men, under their orders." "I am sorry to find," referring to his recent letter of September, "we do not seem to agree in the proper remedies to our disorders, at least in the practicability of applying those which are proper. Convinced, as I am, of the absolute insufficiency of our present system to our safety, if I do not despair of the Republic, it is more the effect of constitution than of judgment." The disasters which pressed at this time, were occurring at the South, whence General Greene wrote to him; "There is nothing but murders and devastations in every quarter. Government here is much more popular than to the northward; and there is no such thing as national character or national sentiment. The inhabitants are numerous, but they would be rather formidable abroad than at home. There is a great spirit of enterprize among the black people, and those that come out as volunteers are not a little formidable to the enemy."§ On the twelfth of December previous, a circular from the Convention, which had met at Hartford, addressed to the several States, was presented to Congress. This Convention proposed, "that the several States should make the necessary provisions by law, to enable Congress to levy and collect such taxes, and duties within them respectively, as Congress should call for;" and that the delegates thereto should be authorized to pledge the faith of their respective States that they will pass the requisite laws for that purpose. The States * Hist. Rep. ii. 124-Hamilton to Duane. † Ibid. 134, to Isaac Sears, Oct. 12, 1780. Ibid. 135, to Duane. Hist. Rep. ii. 164, Greene to Hamilton, January 10, 1781. were called upon to sink their full quotas of the continental bills; and were to call "for a return of the number of persons, blacks as well as whites, in each State," as the basis of a rule of contribution.* This circular boldly urged the necessity of these grants. "Our present embarrassments, we imagine to arise in a great measure from a defect in the present government of the United States. All government supposes the power of coercion. This power, however, in the general government of the Continent never did exist; or which has produced equally disagreeable consequences, never has been exercised. By the expulsion of the enemy we may be emancipated from the tyranny of Great Britain. We shall however, be without a solid hope of peace and freedom, unless we are properly cemented among ourselves; and, although we feel the calamities of war, yet we have not sufficient inducements to wish a period to them, until our distresses, if other means cannot effect it, have, as it were, forced us into a Union." In pursuance of its suggestion, a Continental Judicature was ere long appointed by Congress, "for the trial and determination of all causes, in relation to offences committed against the United States in the civil departments thereof."+ These departments were soon after constituted. On the tenth of January, seventeen hundred and eighty one, Hamilton's proposal of "an Administration by single men" was brought before Congress; and subsequently a Secretary of Foreign affairs-a Superintendent of Finance-a Secretary of Marineand a Secretary of War were appointed, with defined powers. Hamilton was in contemplation as head of the finance, but Robert Morris was wisely elected.§ This measure gave much alarm, yet in despite of factious jealousies and opposition, Congress recommended to the States, "as indispensably necessary to vest Congress with a power to levy for the use of the United States," a duty on imports, and on condemned prizes and prize goods. Wiser and more honest counsels had now begun to prevail; and this body, being without power to provide any means for their redemption, declared that their bills of credit, should not be a tender, in any other manner, than at their current value compared with gold and silver;|| and *Hist. Rep. ii. 198. † Ibid. ii. 199. Duane, to whom Hamilton had proposed this measure, was of this Committee. Ibid. ii. 200. ? Ibid. 201. ||February 3, 1781. recommended the States, where laws making paper bills a tender still existed, to repeal those laws.* But the dominant jealousy yet prevailed; and a proposal to vest Congress with the exclusive right of laying duties on all imports, and that these duties should be uniform, was rejected. Hamilton, nevertheless, with unfailing purpose, soon after renewed his financial suggestions, and again urged a Convention. ""Tis, in a National bank, alone," he wrote, "that we can find the ingredients to constitute a wholesome, solid, and beneficial paper credit." "Congress must," he added, "demand an instant, positive, and perpetual investiture of an Impost on trade, a land tax, and a poll tax to be collected by their own agents. This Act to become a part of the Confederation. It has ever been my opinion, that Congress ought to have complete sovereignty in all, but the mere municipal law of each State; and I wish to see a CONVENTION OF ALL THE STATES, with full power to alter and amend, finally and irrevocably, the present futile and senseless Confederation."+ Ere the end of the following month, a bank was chartered by Congress. Hamilton's plan of a national bank was, it is seen, but a part of that larger system of measures on which his mind was fixed. His proposed Convention of all the States to establish a Constitution of Government, met with little countenance in Congress. The Articles of Confederation were to them a new, and an untried experiment. Not alive to the dangers of unbalanced. power, they were content to seek relief to the public necessities, in solicitations to the States, to vest them with new powers. With this view, a grand committee, as it was called, of the States; after frequent deliberations, presented a report to Congress late in July 1781, nearly three months subsequent to Hamilton's letter to Morris. After enumerating the instances. in which the Confederation needed execution, it recommended a grant by the States of certain specified powers;-a grant of powers, from their very nature, certain to be refused. Of these proposed powers, one was "to prescribe rules for impressing property into the service of the United States during the present war;" another was, "to distrain the property of a State delinquent in its assigned proportion of men or money;" with which were * A short time before, Virginia enacted a law rendering her paper a legal tender. Edmund Pendleton to Madison, Dec. 4, 1780. Hist. Rep. ii. 224. Hamilton to Robert Morris, April 30, 1781. others of obvious utility-to appoint collectors of, and direct the mode of accounting for taxes imposed, to admit into the Union any part or more of the dismembered States, to stipulate in treaties with foreign nations for the establishment of consular powers without reference to the States individually; to vary the rules of suffrage in Congress; adding the paralysing limitation "to require a concurrence of two thirds of the States" in the exercise of the most urgent powers-those, "of emitting bills of credit, or of borrowing money; the regulating the value of coin; determining the total number of land and sea forces, and allotting to each State its quota of men or money; fixing the number and force of vessels of war, and appointing a commander in chief of the army and navy." The proposition to the States to impart to Congress the power of distraint upon them in case of delinquency-and the proposed limitations on several general and necessary powers, are among the most remarkable incidents in the political history of this country; yet New York had urged the grant of this power of distraint, and it had been vindicated by a delegate from Virginia, on the ground, that, "as the confederation now stands, and according to the nature even of alliances much less intimate, there is an implied right of coercion against the delinquent party, and the exercise of it by Congress," "whenever a palpable necessity occurs, will probably be acquiesced in.”* * Madison to Jefferson, April 16, 1781-Madison papers, i. 87. Jefferson sustained this right subsequently on the ground that it was not necessary to give Congress that power expressly, "they have it by the law of nature." Jefferson's writings, ii. 203. The proposed report is in these words; "It is understood and hereby declared in case one or more of the Confederated States shall refuse or neglect to abide by the determinations of Congress, and to observe all the Articles of Confederation, as required by the 13th Article, the said United States in Congress assembled are fully authorized to employ the force of the United States, as well by sea as by land, to compel such State or States to fulfil their federal engagements; and particularly to make distraint on any of the effects, vessels, and merchandizes of such State or States, or of any of the citizens thereof, wherever found; and to prohibit and prevent their trade and intercourse as well with any other of the United States and the citizens thereof as with any foreign State, and as well by land as by sea; until full compensation or compliance be obtained with respect to all requisitions made by the United States in Congress assembled, in pursuance of the Articles of Confederation." This new article was "to be binding on all the States not actually in possession of the enemy, as soon as the same shall be acceded to and ratified by each of the said States." Report to Congress for consideration-Madison Papers, i. 89. What the probability of this acquiescence was, may be judged from the past history of this country; for this tremendous power, the analogy to which is seen in the worst feature of the ancient confederacies, proving fatal to them; contemplated the delinquency of, and distraint not merely of one, but of "one or more States.” Well might Hamilton pronounce it a proposition to ENACT a civil war! That, in war, Government should rise with plume and mighty arms to the exertion of all the energies which war demands, is at times, the great necessity, the very condition of its existence; but that these energies should be so exerted as to cause the least unnecessary sacrifice of public and private rights, and interests; and that in peace, Government by its manly prudence, avoiding war, should by its policy render peace truly a blessing, these Hamilton felt, were objects worthy all a Statesman's care. Looking also, upon the States as essential parts of a compound Federal system, he never forgat, that they were "artificial beings"-existing and to exist for certain limited purposes; but regarding first and most the all involving general interests, before his clear view ever was present the grand perspective of the people of the United States, as ONE NATION. And thus, it was, the steady aim of his whole life, that this Unity should be perpetuated, not merely by parchment forms and artificial ties, but by the lasting ties of a great brotherhood of mutual affections and interests under paternal counsels, able not only to direct but to protect. To him nothing was more distasteful than an irregular and unnecessary exercise of power. Order working by its proper means to secure and enlarge the sphere of order, was all his favorite thought-Moderation in the selection and use of means, his favorite practice. To effect a permanent system of order, was with him as yet, only a hope; but to aid in securing the present means, by which that hope might become a certainty, was a duty. He felt it to be such. Hitherto he had confined himself to private instances. Now he came forward, and opened his embassy of great truths to all the people. Having temporarily retired from active service in the army; while Congress were engaged in preparing the recommendations to the States, previously mentioned, he wrote a series of essays, "to confirm an opinion already pretty generally received, that it was necessary to augment the powers of the Confederation;" and to fix the public judgment definitely on the points which ought to compose that augmentation. These Essays-the precursors of the Federalist,-he entitled, as |