matter is again put into its former situation. Tithes are now
become the property of the Church, as formerly ; because it again
has a legal claim to them ; and the conditional consent of the
people is set aside. Thus we see, that this Act does not, in fact,
permit a tolerated church to enjoy "its own property," but
gives it a real and legal property in that which it before held
from the bounty and liberality of its professors ; and which they
might withhold, or diminish, at pleasure : and this, in the most
proper sense, converts it into an establishment.

The characteristic difference between a tolerated and estab
lished religion, consists in this : With respect to the support of
the former, the law is passive and improvident, leaving it to
those who profess it, to make as much, or as little, provision as
they shall judge expedient ; and to vary and alter that provision,
as their circumstances may require. In this manner, the Pres
byterians, and other sects, are tolerated in England. They are
allowed to exercise their religion without molestation, and to
maintain their clergy as they think proper. These are wholly
dependent upon their congregations, and can exact no more than
they stipulate and are satisfied to contribute. But with respect
to the support of the latter, the law is active and provident.
Certain precise dues, (tithes &c.,) are legally annexed to the
clerical office, independent on the liberal contributions of the
people ; which is exactly the case with the Canadian priests ;
and therefore, no reasonable, impartial man, will doubt that the
religion of the Church of Eome is established in Canada. "While
tithes were the free, though customary, gift of the people, as was
the case before the passing of the Act in question, the Koman
Church was only in a state of toleration : but when the law came
to take cognizance of them, and, by determining their permanent
existence, destroyed the free agency of the people, it then re-



134 HAMILTON'S WORKS. [^E T . 18.

sumed the nature of an establishment, which it had been divested
of at the time of the capitulation.

As to the Protestant religion ; it is often asserted that ample
provision has been made by the Act, for its future establish
ment : to prove which, the writer before mentioned, has quoted
a clause in the following mutilated manner : " It is provided,"
says he, "that his Majesty, his heirs or successors, may make
such provision out of the accustomed dues, or rights, for the en
couragement of the Protestant religion, and for the maintenance
of a Protestant clergy within the said province, as he or they
shall, from time to time, think necessary and expedient."

It must excite a mixture of anger and disdain to observe
the wretched arts to which a designing administration, and its
abettors, are driven, in order to conceal the enormity of their
measures. This whole clause, in its true and original construc
tion, is destitute of meaning ; and was evidently inserted for no
other end than to deceive by the appearance of a provident re
gard for the Protestant religion. The Act first declares, " That
his Majesty's subjects, professing the religion of the Church of
Eome, may have and enjoy the free exercise of their religion ;
and that the clergy of the said church, may hold, receive, and
enjoy their accustomed dues and rights." Then follows this
clause : " Provided, nevertheless, that it shall be lawful for his
Majesty, his heirs and successors, to make such provision out of
the rest of the said accustomed dues and rights, for the encour
agement of the Protestant religion, for the maintenance and sup
port of a Protestant clergy within the said province, as he or
they shall, from time to time, think necessary and expedient."

Thus we see, the Eomish clergy are to have, hold, and enjoy,
their accustomed dues and rights ; and the rest and remainder
of them, is to be applied towards the encouragement of the
Protestant religion : but when they have had their wonted dues,
I fancy it will puzzle administration, by any effort of political
chemistry to produce the rest, or remainder. Suppose, for in
stance, A. made an actual settlement of a hundred pounds on
B. ; and, by a subsequent act, should declare that B. should
continue to hold and enjoy his accustomed and annual bounty ;



^ET. 18.] QUEBEC BILL. 135

and that the rest of the said bounty should be given to C. : it is
evident that C. would have nothing, because there would be no
rest whatever. Exactly parallel and analogous is the case in
hand. The Komish priests are to have their accustomed dues
and rights ; and the rest of the said dues and rights, is to be
dedicated to the encouragement of the Protestant religion. In
the above recited quotation, there is a chasm: the words "the
rest of," being artfully omitted, to give the passage some mean
ing which it has not in itself. With this amendment, the sense
must be, that his Majesty might appropriate what portion of the
customary revenues of the Komish clergy he should think pro
per, to the support and maintenance of Protestant churches.
But, according to the real words of the Act, he can only devote
"the rest," or remainder, of such revenues to that purpose;
which, as I have already shown, is nothing. So that the seem
ing provision in favor of the Protestant religion, is entirely ver
bal and delusory. Excellent must be the encouragement it will
derive from this source. But this is not all. Had there been
really provision made, to be applied at the discretion of his
Majesty, I should still consider this Act as an atrocious infraction
on the rights of Englishmen, in a point of the most delicate and
momentous concern. No Protestant Englishman would consent
to let the free exercise of his religion depend upon the mere
pleasure of any man, however great or exalted. The privilege
of worshipping the Deity, in the manner his conscience dictates,
which is one of the dearest he enjoys, must, in that case, be
rendered insecure and precarious. Yet this is the unhappy sit
uation to which the Protestant inhabitants of Canada are now
reduced.

The will of the king must give law to their consciences. It
is in his power to keep them for ever dispossessed of all religious
immunities ; and there is too much reason to apprehend, that the
same motives which instigated the Act, would induce him to
give them as little future encouragement as possible.

I imagine it will clearly appear, from what has been offered,
that the Eoman Catholic religion, instead of being tolerated, as
stipulated by the Treaty of Peace, is established by the late Act;



136 HAMILTON'S WORKS. [&T. 18.

and that the Protestant religion has been left entirely destitute
and unbefriended in Canada. But if there should be any who
think that the indulgence granted, does not extend to a perfect
establishment; and that it may be justified by the terms of the
treaty, and the subsequent conduct of the Canadians ; and if
they should also be at a loss to perceive the dangerous nature of
the Act, with respect to the other colonies ; I would beg their
further attention to the following considerations.

However justifiable this Act may be, in relation to the pro
vince of Quebec, with its ancient limits, it cannot be defended
by the least plausible pretext, when it is considered as annexing
such a boundless extent of new territory to the old.

If a free form of government had " been found by experi
ence to be inapplicable to the state and circumstances of the pro
vince;" and if "a toleration less generous, although it might
have fulfilled the letter of the articles of the treaty, would not
have answered the expectations of the Canadians, nor have left
upon their minds favorable impressions of British justice and
honor ;" if these reasons be admitted as true, and allowed their
greatest weight, they only prove that it might be just and
politic to place the province of Quebec, alone, with its former
boundaries, in the circumstances of civil and religious govern
ment which are established by this Act. But when it is de
manded, Why it has also added the immense tract of country
that surrounds all these colonies, to that province, and has placed
the whole under the same exceptionable institutions, both civil
and religious ? the advocates for administration must be con.
founded and silent.

This Act developes the dark designs of the ministry more
fully than any thing they have done ; and shows that they have
formed a systematic project of absolute power.

The present policy of it is evidently this. By giving a legal
sanction to the accustomed dues of the priests, it was intended
to interest them in behalf of the administration ; and by means
of the dominion they possessed over the minds of the laityi
together with the appearance of good will towards their religion,
to prevent any dissatisfaction which might arise from the loss of



jET. 18.] QUEBEC BILL. 13Y

their civil rights ; and to propitiate them to the great purposes
in contemplation ; first, the subj ugation of the colonies ; and after
wards, that of Great Britain itself. It was necessary to throw
out some such lure to reconcile them to the exactions of that
power which has been communicated to the King, and which
the emergency of the times may require in a very extensive
degree.

The future policy of it demands particular attention. The
nature of its civil government will hereafter put a stop to emigra
tions from other parts of the British dominions thither, and from
all other free countries. The pre-eminent advantages secured
to the Eoman Catholic religion, will discourage all Protestant
settlers, of whatever nation ; and on these accounts, the province
will be settled and inhabited by none but Papists. If lenity
and moderation are observed in administering the laws ; the
natural advantages of this fertile infant country, united to the
indulgence given to their religion, will attract droves of emi
grants from all the Eoman Catholic States in Europe : and these
colonies, in time, will find themselves encompassed with innu
merable hosts of neighbors, disaffected to them, both because of
difference in religion and government. How dangerous their
situation would be, let every man of common sense judge.

What can speak in plainer language, the corruption of the
British Parliament than this Act, which invests the King with
absolute power over a little world (if I may be allowed the ex
pression), and makes such ample provision for the Popish reli
gion, and leaves the Protestant in such a dependent, disadvanta
geous situation ; that he is like to have no other subjects in this
part of his domain, than Eoman Catholics, who, by reason of
their implicit devotion to their priests, and the superlative reve
rence they bear those who countenance and favor their religion,
will be the voluntary instruments of ambition, and will be ready,
at all times, to second the oppressive designs of administration
against the other parts of the empire.

Hence, while our ears are stunned with the dismal sounds of
New England's Eepublicanism, bigotry, and intolerance ; it be
hooves us to be upon our guard, against the deceitful wiles of



138 HAMILTON'S WORKS. [Mi. 18.

those who would persuade us, that we have nothing to fear from
the operation of the Quebec Act. We should consider it as
being replete with danger to ourselves, and as threatening ruin
to our posterity. Let us not, therefore, suffer ourselves to be
terrified at the prospect of an imaginary and fictitious Scylla ;
and, by that means, be led blindfold into a real and destructive
Charybdis,



. 21.]



REORGANIZATION OF THE ARMY.

January 28, 1778.*

THE numerous defects in our present military establishment,
rendering many reformations and many new arrangements abso
lutely necessary, and Congress having been pleased to appoint
you a committee, in concert with me, to make and recommend
such as shall appear eligible, in pursuance of the various objects
expressed in the resolution, for that purpose; I have, in the
following sheets, briefly delivered my sentiments upon such of
them as appeared to me most essential, so far as observation has
suggested and leisure permitted. These are submitted to con
sideration, and I shall be happy, if they are found conducive to
remedying the evils and inconveniences we are now subject to,
and putting the army upon a more respectable footing. Some
thing must be done ; important alterations must be made ;
necessity requires that our resources should be enlarged and
our system improved, for without it, if the dissolution of the
army should not be the consequence, at least its operations must
be feeble, languid, and ineffectual.

As I consider a proper and satisfactory provision for officers,
as the basis of every other arrangement and regulation neces
sary to be made, since without officers no army can exist ; and
unless some measures be devised to place those officers in a
more desirable condition, few of them would be able, if willing,



* This important communication was addressed by Washington to the com
mittee of Congress, in camp at Valley Forge. It is printed from two incomplete
drafts in the handwriting of Hamilton. The copy is not found among the
archives.



140 HAMILTON'S WORKS. [JE>T. 21.

to continue in it, I shall begin with a few reflections tending
to prove the necessity of

A Half-pay and Pensionary Establishment.

A small knowledge of human nature will convince us, that
with far the greatest part of mankind, interest is the govern
ing principle, and that almost every man is more or less under
its influence. Motives of public virtue may, for a time, or in
particular instances, actuate men to the observance of a con
duct purely disinterested, but they are not sufficient of them
selves to produce a persevering conformity to the refined dic
tates of social duty. Few men are capable of making a con
tinual sacrifice of all views of private interest or advantage, to
the common good. It is in vain to exclaim against the depravity
of human nature on this account, the fact is so, the experience
of every age and nation has proved it, and we must in a great
measure change the constitution of man, before we can make it
otherwise. No institution not built on the presumptive truth of
these maxims can succeed.

We find them exemplified in the American officers as well
as in all other men. At the commencement of the dispute, in
the first effusions of their zeal, and looking upon the service to
be only temporary, they entered into it, without paying any re
gard to pecuniary or selfish considerations. But, finding its
duration to be much longer than they at first expected, and that
instead of deriving any advantage from the hardships and dan
gers to which they were exposed, they, on the contrary, were
losers by their patriotism, and fell far short even of a competency
to supply their wants; they have gradually abated in their
ardor, and, with many, an entire disinclination to the service,
under its present circumstances, has taken place. To this, in an
eminent degree, must be ascribed the frequent resignations daily
happening, and the more frequent importunities for permission
to resign, and from some officers of the greatest merit. To this
also, may we ascribe the apathy, inattention and neglect of duty,
which pervade all ranks, and which will necessarily continue and



jEi. 21.] ARMY REORGANIZATION. 141

increase, while an officer, instead of gaining, is impoverished by
his commission, and conceives he is conferring, not receiving, a
favor in holding it. There can be no tie upon men possessing
such sentiments, nor can we adopt any method to oblige those
to a punctual discharge of their duty, who are indifferent about
their continuance in the service, and are often seeking a pretext
to disengage themselves from it. Punishment, in this case, will
be unavailing ; but when an officer's commission is made valu
able to him, and he fears to lose it, then may you exact obedi
ence from him.

It is not indeed consistent with reason or justice, to expect,
that one set of men should make a sacrifice of property, domestic
ease and happiness, encounter the rigors of the field, the perils
and vicissitudes of war, to obtain those blessings which every
citizen will enjoy in common with them, without some adequate
compensation.

It must also be a comfortless reflection to any man, that,
after he may have contributed to the securing the rights of his
country at the risk of his life and the ruin of his fortune, there
would be no provision, to prevent himself and family, from sink
ing into indigence and wretchedness. I urge these sentiments
with the greater freedom, because I cannot, and shall not re
ceive the smallest benefit from the establishment, and have no
other inducement for proposing it, than a full conviction of its
utility and propriety.



Of completing the Regiments and altering their establishment.

The necessity of the first, in the most expeditious manner
possible, is too self-evident to need illustrations or proof ; and I
shall, therefore, only beg leave to offer some reflections on the
mode. Voluntary enlistments seem to be totally out of the
question ; all the allurements of the most exorbitant bounties,
and every other inducement that could be thought of, have been
tried in vain, and seem to have had little other effect than to
increase the rapacity and raise the demands of those to whom
they were held out. We may fairly infer that the country has



142 HAMILTON'S WORKS. [-fir. 21.

been already pretty well drained of that class of men whose
tempers, attachments, and circumstances disposed them to enter
permanently, or for a length of time, into the army ; and that
the residue of such men, who, from different motives, have kept
out of the army, if collected, would not augment our general
strength in any proportion to what they require. If experience
has demonstrated that little more can be done by voluntary en
listments, some other mode must be concerted, and no other pre
sents itself than that of filling the regiments by drafts from the
militia. This is a disagreeable alternative, but it is an unavoida
ble one.

As drafting for the war, or for a term of years, would pro
bably be disgusting and dangerous, perhaps impracticable, I
would propose an annual draft of men, without officers, to serve
till the first day of January in each year. That on or before the
first day of October preceding, these drafted men should be
called upon to re-enlist for the succeeding year ; and as an incite
ment to doing it, those being much better and less expensive
than raw recruits, a bounty of twenty-five dollars should be
offered. That upon ascertaining at this period the number of
men willing to re-engage, exact returns should be made to Con
gress- of the deficiency in each regiment and transmitted by them
to the respective States, in order that they may have their sev
eral quotas immediately furnished and sent on to camp, for the
service of the ensuing year, so as to arrive by or before the first
day of January.

This method, though not so good as that of obtaining men for
the war, is, perhaps, the best our circumstances will allow ; and as
we shall always have an established corps of experienced offi
cers, may answer tolerably well. It is the only mode I can
think of for completing our battalions in time, that promises the
least prospect of success ; the accomplishment of which is an ob
ject of the last importance ; and it has this advantage, that the
minds of the people being once reconciled to the experiment, it
would prove a source of continual supplies hereafter.

Men drafted in this manner, should not, in the first instance,
receive any bounty from the public ; which being solemnly en-



ST.2L] ARMY REORGANIZATION. 143

joined upon each State, and a stop put to the militia substitution
laws, would probably be attended with very happy conse
quences.

A number of idle mercenary fellows would be thrown out of
employment, precluded from their excessive wages as substitutes
for a few weeks or months, and constrained to enlist in the Con
tinental army. In speaking of abolishing the militia substitution
laws, it is not meant to hinder a person who might be drafted in
the annual allotments from procuring a substitute in his stead,
himself in consequence being excused. This indulgence would
be admissible, and, considering all things, necessary, as there are*
many individuals whose dispositions and private affairs would
make them irreconcileably averse from giving their personal
services for so long a duration, and with whom it would be im
politic to use compulsion. The allowance of substitution upon
a smaller scale, in the occasional coming out of the militia for a
few weeks, a month or two, is the thing meant to be reprobated.
It is highly productive of the double disadvantage of preventing

the growth of the army and depreciating our currency.

* * * *

In the new establishment of a Eegiment, as apparent incon
veniences result from the enemy's having no full Colonels in
their army, distinctly such, to exchange with ours in case of
captivity, I would propose that our battalions should be com
manded by Lieutenant-Colonels commandant, with the pay of
Colonel, and consist of the following officers and men : 1 Lieu
tenant-Colonel commandant; 1 Lieutenant-Colonel ; 1 Major; 9
Captains; 9 Lieutenants ; 9 Ensigns; an Adjutant, Quarter-Mas
ter, Pay-Master, Sergeant, Drum and Fife Major, 27 Sergeants,
18 Drums and Fifes, and 504 rank and file.

These I would propose to have divided into eight companies,
and that a Captain, Lieutenant, Ensign, 3 Sergeants, 2 drums
and fifes and 56 rank and file be selected from the whole to com
pose a company of Light Infantry. That the Infantry from each
brigade be commanded by a field officer belonging to it ; if offi
cers, by the reduction of corps and otherwise unprovided for,
are not appointed to these commands a mode preferable to that



144 HAMILTON'S WORKS. [MT. 21.

of drafting from the brigades, as a means of doing the officers
justice, and because the brigades must miss the field officers
taken from them, for this purpose, and that the whole be under
the command of General officers of the line, chosen by the Com-
mander-in-Chief. This body would compose the flying army,
and in conjunction with a body of horse become extremely for
midable and useful.

The benefits arising from a superiority of horse are obvious
to those who have experienced them. Independent of such as
you may derive from it in the field of battle, it enables you very
materially to control the inferior and subordinate motions of
an enemy to impede their knowledge of what you are doing ;
while it gives you every advantage of superior intelligence, and
consequently facilitates your enterprise against them and ob
structs theirs against you. In a defensive war, as in our case, it
is peculiarly desirable, because it affords great protection to the
country, and is a barrier to those inroads and depredations upon
the inhabitants, which are inevitable when the superiority lies
on the side of the invaders. The enemy, fully sensible of the
advantages, are taking all the pains in their power to acquire an
ascendency in this respect, to defeat which, I would propose an
augmentation of the cavalry, by adding a Lieutenant, a Sergeant,
Corporal, and privates to each troop. The establishment will
then be as follows: 1 Colonel; 1 Lieutenant-Colonel; 1 Major;
6 Captains; 12 Lieutenants; 6 Cornets; 1 Adjutant; 1 Quar
ter-Master ; 1 Saddler ; 6 Farriers ; 6 Quarter-Master Sergeants ;

Sergeants; Corporals; Trumpeters; Privates; all as
usual except 6 additional Lieutenants.

There are, and will continue, four regiments of Cavalry,
which, composing a brigade, will require a Brigadier, Brigade-
Major, Quarter-Master, Commissary and Forage-Master, as usual.

The men for this service can easily be gotten ; the providing
horses and accoutrements will be found to suffer some difficulty,
yet will not be impracticable. The procuring horses would be
undertaken by judicious officers, from each regiment, well skilled
in them, and conducted in such a manner as to occasion no inter
ference with each other. Let Sheldon's purchases be confined to



^ET. 21.] ARMY REORGANIZATION. 145

the eastward of the North River ; Moylan's between the North
River and the Susquehanna ; Baylor's between Susquehanna
and James River ; and Eland's to the southward of that. The
number of horses purchased by each, ought to be determined,
and an average price limited, disclosed only to the purchaser,