consent of the others? It is in vain to expose the futility of this reasoning. It is founded on all those passions which have the strongest influence on the human mind." The day after the passage of these resolutions, General Schuyler retired from the canvass to make room for Hamilton. He was elected a delegate to Congress. Ere long, he replied to his friend Colonel Laurens, announcing his election, "Peace made, my dear friend, a new scene opens. The object then will be to make our Independence a blessing. To do this we must secure our UNION on solid foundations, an herculean task; and to effect which mountains of prejudice must be levelled. Come to Congress. We know each other's sentiments. Our views are the same. We have fought side by side to make America free, let us, hand in hand, struggle to make her happy." To expedite this great plan of a national re-organization, a meeting of public creditors was held at Albany, at which a State delegation to a general convention was appointed.

Hamilton's doubts "of the concurrence of the other States," in this great measure, were too well founded. Instead of a spirit of union, a spirit of jealous discord prevailed. The question of territorial rights had delayed the ratification of the Articles of Confederation, and was attended with circumstances most unpropitious. The charters of some of the Colonies extended their bounds to the South sea; and these Colonies, now States, claimed that, on the Declaration of Independence, the property and jurisdiction of the crown lands passed from the crown to these Colonies. A jealousy of these claims early prompted a proposition, that "to render the Union and Confederacy firm and perpetual; it was essential that the limits of each respective territorial jurisdiction should be ascertained by the Articles of Confederation." This proposition was rejected. A second, asserting to the United States the sole and exclusive power of ascertaining this boundary, was also rejected. This proposition being repeated the next year, met with the same fate. It was founded on the opinion, that, as "from the crown, of Great Britain, the sovereignty of its territory passed to the people, the unappropriated lands, which belonged to the crown, passed, not to the people of the Colony or State within whose limits they were situated, but to the whole "people of the United States."

* Opinion of Jay, Chief Justice. 8 Dallas Rep. 419.

Under this conviction, a bounty in the public lands-as an inducement to enlistments-was offered by Congress, in the second year of the war. Averse to this measure, Maryland suggested the substitution of a money bounty. Two years later, Virginia passed a law, opening offices for the sale of her lands. Congress urged her to "forbear." New Jersey, Delaware, Maryland, each asserted its common right in these lands. In her true solicitude for the preservation and peace of the Union, New York, though with a strong conviction of her territorial rights, ceded them to the United States "to enure to their use and benefit."-Virginia did not willingly yield any part of her wide domain, but adopted a remonstrance to Congress, asserting "her exclusive rights of sovereignty and jurisdiction within her own territory;" until, affrighted by the invasion of her State, and the occupation by Arnold of her undefended Capital, at that very moment,* she also passed a vote of cession. This cession was clogged with conditions, which Congress pronounced "incompatible with the honor, interest and peace of the Union."

To ascertain what territory belonged to the United States, and to establish a plan for the disposal of it, in order to a discharge of the national debts, was soon after proposed in Congress. But, Virginia, now freed from the presence of an enemy by the victory at Yorktown, resumed her pretensions; protested against the proposed action of Congress; refused to give evidence of her title; and looked to a civil war in support of her claims. In Congress the advocates of a national policy, again reported a recommendation to the States, of the cessions of the late crown lands-as "an important fund for the discharge of the National debt." On the final vote, this report was lost by a geographical division-the States North of the Potomac being unanimous in favor of it, and the four Southern States, with the exception of two members opposing it. Powerless as Virginia * January 2, 1781.

Hist. Repub. ii. 327. Madison writes-"We are very anxious to bring the matter to an issue, that the State may know what course their honor and security require them to take."-Nov. 1, 1780. Again, "Considering the extensive interests and claims which Virginia has and the enemies and calumnies which these very claims form against her, she is perhaps under the strongest obligation of any State in the Union to preserve her military contingent on a respectable footing; and unhappily, her line is, perhaps of all, in the most disgraceful condition." April 1782. Madison Papers, vol. i. pp. 99, 101, 117. Colonel Bland, of Virginia, and Izard, of South Carolina.

NAVIGATION OF THE MISSISSIPPI, RIGHT OF ASSERTED. XXXVii

was in money, in arms, in discipline, Congress had declared, in an address to the several States, while the integrity of the Union was thus being menaced, "We possess no funds which do not originate with you. We can command no levies which are not raised under your own acts."

The same spirit was shewn by Virginia in reference to a matter of much greater interest to the whole people of the United States-the right of navigating the Mississippi. During the pending negotiations with Spain, Virginia instructed her delegates in Congress "to use their utmost endeavors to obtain an express stipulation in favor of the United American States for the free navigation of the Mississippi to the sea, with a free port and other privileges at its mouth."* With the same affright under which she had tremblingly thrown up her claim to the late "crown lands," she authorized our negotiator "to recede from his former instructions; and, if Spain unalterably insisted on it, to content himself with a grant of its navigation to the thirty-first degree of North latitude." Thus, was the Unity of this great Empire in the enjoyment of this great national right, trifled with by the then most populous of the States. Jay disregarded the timid instruction, and Hamilton, as Chairman of a Committee of Congress subsequently reported, "that the free navigation of the Mississippi is a clear and essential right of the United States, and that the same ought to be considered and supported as such." These were questions of the future, but the urgency of the present necessities was most grievously shown. Congress was compelled to pass a resolution, suspending the payment of the interest on the loan office certificates. The wide spread public and private distress resulting, and the impending pressing dangers, from the want of an efficacious government, at last drew forth from Hamilton this melancholy sentence-"The more I see, the more I find reason for those who love this country to weep over its blindness."

It was in the midst of an almost hopeless national bankruptcy, that he took his seat in Congress. In the proceedings of that body he had a large share; and, it will be remarked, the Articles of Confederation having then been ratified by all the States; that, while he interpreted their provisions so as to give to them their full scope, he guardedly and strictly observed their limitations. A compliance by all of the States with the

* Nov. 5, 1779.

† Sept. 16, 1788.

Nov. 25, 1782.

past requisitions for money was the first urgency-to provide for the immediate demands of the public service to secure additional aids, and to fulfil the public obligations. The cry for justice by the public creditors was a loud, and indignant, and remonstrating wailing. Among these creditors were the suffering army about to be disbanded. Hamilton deeply felt their wrongs; and, soon after he had taken his seat in Congress, moved a resolution, directing the Superintendent of Finance to represent to the States, the indispensable necessity of their complying with the last requisition, "assuring them, that they were determined to make the fullest justice to the public creditors an invariable object of their counsels and exertions." His resolution embraced the appointment of a deputation to Rhode Island to urge a grant of the impost-" as a measure essential to the safety, and reputation of these States." In vindication of her refusal, that State communicated, through her Governor, her reasons to Congress. These reasons involved in their principles and in their policy the existence of the Confederacy; and Hamilton forthwith came forward, as the champion of the UNION against the contumacy of a STATE. He prepared a Report, the first, on the journals of Congress, which discussed at length, the relations of the States, to the Confederation; and explained and vindicated its powers. Having primarily combated the objection of the unequal bearing of the Impost on the Commercial States, he met that founded on its alleged invasion of "the Constitution of the State." He asserted, that a State had "a discretionary power of appointing officers, not expressly known to its Constitution;" including "that of authorizing the federal government to make the appointments, in cases where the general welfare may require it ;" and also, that such a discretionary power existed in the Confederation. "No federal constitution," he averred, "can exist, without powers, that in their exercise, affect the internal police of the component members. All that is required is, that the Federal government confine its appointments to such as it is empowered to make, by the original act of Union, or by the subsequent consent of the parties. Unless there should be express words of exclusion in the constitution of a State, there can be no reason to doubt, that it is within the compass of legislative discretion, to communicate that authority." The propriety of so doing was next urged. The inadequacy of the revenue to be raised within the States rendering loans necessary; "the next resource," he

remarked, "is to borrow." We must not only stipulate a proper compensation for what "is lent," "but we must give security for the performance." "We must pledge an ascertained fund, simple and productive in its nature, general in its principle, and at the disposal of a single will.” "This will not be the case, unless the collection as well as the appropriation, is under the control of the United States."-They "have a common interest in a uniform and equally energetic collection; and not only policy but justice to all the parties of the Union, designate the utility of lodging the power of making it where the interest is common." * * "By the Confederation, Congress have an absolute discretion in determining the quantum of revenue requisite for the national expenditure. When this is done, nothing remains for the States, separately, but the mode of raising. No State can dispute the obligation to pay the sum demanded, without a breach of the Confederation; and when the money comes into the treasury, the appropriation is the exclusive province of the Federal Government." The strong motive for the compliance with the requisition, that of funding the debt; and that, thereby, "the national credit would revive and stand hereafter on a secure basis," having been stated; Hamilton closed this paper with these observations-" There is a happy mean between too much confidence and excessive jealousy, in which the health and prosperity of a State consist. Either extreme is a dangerous vice. The first is a temptation to men in power to arrogate more than they have a right to; the latter enervates Government, prevents system in the administration; defeats the most salutary measures; breeds confusion in the State, disgusts and discontents among the people; and may eventually prove as fatal to liberty as the opposite temper." To this Report was appended, the first public pledge to establish a SINKING FUND.

An estimate now made by him showed that the probable receipts from the Impost would be insufficient. Before the assent of the States to an increase could be obtained, it was necessary to remove their discontents as to the late requisitions. With this view; and with the much higher view, of keeping the public faith, he moved the appointment of a Committee to report the further provision necessary "for discharging the interest on the loan office certificates, and other liquidated debts; to revise the existing requisitions, and to report, whether they should be continued or altered." One great cause of these