VIII. That the Journals of Congress shall be published at
least once a year, with exception of such parts relating to trea
ties or military operations as in the judgment of either House
shall require secrecy.
IX. That the judicial power of the United States shall extend
to no controversy respecting land, unless it relate to claims of
territory or jurisdiction between States, or to claims of land
between individuals, or between States and individuals under
grants of different States.
X. That no judge of the Supreme Court shall hold any
other office under the United States or any of them.
JET. 31.] RESOLUTIONS IN CONGRESS. 471
XI. That when the number of persons in the district of ter
ritory to be laid out for the seat of the Government of the United
States, shall, according to the rule for the apportionment of Eep-
resentatives and direct taxes, amount to , such district
shall cease to be parcel of the State granting the same, and pro
vision shall be made by Congress for having a distinct represen
tation in that body.
XII. That the Eepresentatives, Senators, Presidents, Yice-
Presidents, and Judges of the United States, shall each take an
oath or affirmation not to infringe or violate the Constitution of
the respective States.
XIII. That no capitation tax shall ever be laid by Congress.
EESOLUTIOISrS IN CONGEESS.
NEW-YORK, August 7, 1788.
Whereas the Convention assembled at Philadelphia, in the
Commonwealth of Pennsylvania, did, on the seventeenth day of
September, last past, resolve, as the opinion of that Convention,
that as soon as the Conventions of nine States should have rati
fied the Constitution, then and there agreed upon by the said
Convention, the United States, in Congress assembled, should fix
a day on which electors should be appointed by the States which
should have ratified the same, and a day on which the electors
should assemble to vote for the President, and the time and place
for commencing proceedings under the said Constitution ; and
whereas the United States, in Congress assembled, having re
ceived the ratifications of the said Constitution, by eleven States,
did, on the twenty-eighth ultimo, and on the fourth and sixth in
stant, agree to the following resolutions, to wit : That the first
Wednesday in January next be the day for appointing electors
in the several States, which before the said day shall have rati
fied the said Constitution ; that the first Wednesday in February
next, be the day for the electors to assemble in their respective
472 HAMILTON'S WORKS. [&T. 31.
States, and vote for a President ; and that the first "Wednesday in
March next be the time, and the present seat of Congress the
place, for commencing the proceedings under the said Consti
And whereas it does not appear that the States of Ehode
Island and North Carolina have ratified the said Constitution, and
whereas the delegates of the said two States have voted upon
certain parts of the said resolutions, therefore,
Resolved, as the sense of this Congress, That any vote given, or
which may be given on said resolutions, by the delegate or dele
gates of any State which hath not ratified the said Constitution,
shall in no wise be construed, directly or indirectly, to imply, on
their part, or on the part of the States which they represent, an
approbation of the Constitution aforesaid, or of any part thereof,
or any manner or kind of obligation on the part of any such
State touching the same, or the relinquishment of any right
heretofore or now claimed, or which may be claimed by such
State ; and that all and singular the rights of such State shall re
main, continue, and are, to all intents and purposes, in the same
situation as if such delegates had refrained from voting respect
ing the said resolutions.
ASYLUM TO FUGITIVE SLAVES.
August 26, 1788.
On the report of a committee, consisting of Mr. Hamilton,
Mr. Sedgewick, and Mr. Madison, to whom was referred a report
of the Secretary for the Department of Foreign Affairs, of the
Bzsolved, That the Secretary for the Department of Foreign
Affairs be directed to transmit copies of the papers referred to in
his said report, to the Charge des Affaires of the United States at
Madrid, and instruct him to represent to his Catholic Majesty the
inconveniences which the States bordering on his dominions ex
perience from the asylum afforded to fugitive negroes belonging
JEi. 31.] RESOLUTIONS IN CONGRESS. 473
to the citizens of the said States ; and that Congress have full
confidence that orders shall be given to his governors to permit
and facilitate their being apprehended and delivered to persons
authorized to receive them ; assuring his Majesty that the said
States will observe the like conduct respecting all such negroes
belonging to his subjects, as may be found therein.
Resolved, That the said Secretary be also directed to commu
nicate the said papers to the Encargado de Negocios of Spain,
and to signify to him that his interposition to obtain proper regu
lations to be made on the subject, would be very agreeable to
FKEE NAVIGATION OF THE MISSISSIPPI.
September 16, 1788.
On the report of the committee, consisting of Mr. Hamilton,
Mr. Madison, Mr. Williamson, Mr. Dane, and Mr. Edwards, to
whom was referred the report of the Secretary for Foreign Affairs,
on a motion of the delegates of North Carolina, stating the un
easiness produced by a report " that Congress are disposed to
treat with Spain for the surrender of their claim to the naviga
tion of the river Mississippi," and proposing a resolution intended
to remove such apprehensions,
Resolved, That the said report, not being founded in fact, the
delegates be at liberty to communicate all such circumstances as
may be necessary to contradict the same, and to remove miscon
Resolved, That the free navigation of the river Mississippi is a
clear and essential right of the United States, and that the same
ought to be considered and supported as such.
Resolved, That no further progress be made in the negotia
tions with Spain, by the Secretary for Foreign Affairs, but that-
the subject to which they relate be referred to the Federal Con
gress, which is to assemble in March next.
474 HAMILTON'S WORKS. [^Ei. 32.
NEW- YORK, February 18, 1789.
To the Supervisors of the City of Albany, in the County of Albany.
The last Tuesday of April next being the day appointed by
law for the election of a Governor for the ensuing three years,
the great importance of making a wise choice in the present
peculiar situation of our local and national affairs, appears to
have made a deep impression on the minds of considerate men
in the different parts of the State.
On the eleventh instant, a numerous meeting of respectable
inhabitants was held in this city, to consult on what was best to
be done in relation to that object ; and we have been advised
that similar meetings have been held in some other counties.
The meeting in this city were unanimous in the result of
their deliberations ; and we, the subscribers, were appointed a
committee to correspond with our fellow-citizens in the other
counties, upon the subject, in order that a mutual communication
of sentiments might promote mutual confidence, and a happy
concert in such a choice, as a dispassionate attention to the good
of the community, divested of all particular attachments or dis
likes, should be found to recommend.
The people of this State are the sovereigns of it ; and being now
called upon by their Constitution to appoint a Chief Magistrate,
it cannot but be useful that so high an act of sovereignty should
be preceded by an interchange of ideas and sentiments, especially
at so critical a juncture as the present ; for at no period can it be
more necessary to take care that our affairs be committed to the
management of disinterested, discreet, and temperate rulers, than
at a period when the heats of party are to be assuaged, discord
ant opinions reconciled, and all the inconveniences attending
changes in national government provided against.
As this State is only part of a larger community ; as its pros
perity must therefore materially depend on its maintaining its
due weight in the national scale ; on its being charged with only
MT. 32.] ADDRESS. 4V5
its due proportion of public burthens; and on its deriving from
the General Government its due share of favor and protection ;
it is evidently of the greatest moment that the people should be
united and circumspect, and their rulers should be men who will
neither be seduced by interest, nor impelled by passion, into de
signs or measures which may justly forfeit the confidence or
friendship of the other members of the great national society.
On this ground, it is highly necessary that the Chief Magis
trate of the State should be free from all temptation wantonly to
perplex or embarrass the National Government whether that
temptation should arise from a preference of partial confedera
cies ; from a spirit of competition with the national rulers for
personal pre-eminence ; from an impatience of the restraints of
national authority ; from the fear of a diminution of power and
emoluments ; from resentment or mortification, proceeding from
disappointment ; or from any other cause whatsoever. For all at
tempts to perplex and embarrass, would not only tend to prevent
the Government from doing the good they may meditate, but
would also expose this State to the distrust and ill will of the
It is also of no inconsiderable consequence, in the same
view, that the Governor of the State should be of a disposi
tion to pay those decent attentions, and practise that be
coming republican hospitality, which the persons who adminis
ter the National Government, and distinguished strangers in
public character, whom the affairs of the nation call to reside in
our capital, have a right to expect. The dignity as well as the
interests of the State require this, and ample provision is con
stantly made for it by the liberal salary and perquisites annexed
to the office. A contrary conduct cannot fail to create disgust and
contempt ; and to draw not merely upon the Magistrate himself,
but, in some measure, upon the State, imputations not a little
mortifying to a people long celebrated for their hospitality, and
who uniformly enable their Executive representative to maintain
their character in this respect. For it can never be presumed to
be their intention to attach such considerable emoluments to the
office, merely for the sake of enriching its possessor.
476 HAMILTON'S WORKS. [JE T . 32.
Many considerations might be detailed to show the important
light in which our political annexation as a member of the Union
ought to be viewed, and to demonstrate how much the regula
tion of our trade, the repossession of our frontier posts, and va
rious other important interests may be affected, by our having
much or little influence in the Confederacy. But this would
lead to a discussion too long for the occasion, and, to reflecting
men, be unnecessary. Hence, however, this inference is to
be drawn, that we cannot be too careful of keeping power and
opportunity from those, whom we have reason to believe may
be predisposed to employ them in a manner calculated to alien
ate the friendship and confidence of our sister States.
As to the domestic situation of the State, it appeared to the
meeting to be such as to admonish us to use great circumspection
in the choice of a Governor. The council of appointment is so
powerful an engine in the hands of a Governor, for perpetuating
himself in office, that his conduct in it cannot be regarded with
too watchful an eye ; because it is evident, that an artful man
may, in the course of ten or twelve years, so fasten himself to
the office, by means of this engine, as to become too indifferent
to the opinion and control of the people, and perhaps immov
able by the efforts of the virtuous and independent. Extremely
free from blame, therefore, and from all suspicion of undue at
tachment to place or to profit, and very satisfactory to the com
munity at large, ought to be the administration of a Governor, to
render it prudent in the people to leave so powerful an engine in
his hands for a long succession of years.
As on the one hand, in this council of appointment, the Gov
ernor will, for the most part, have a preponderating influence,
so on the other, that influence will generally be exerted, accord
ing to the views and wishes of the man. If he wishes to pro
mote the public good, and to acquire fame and popularity, by
acting as the Governor of the State, and not as the Governor of
a party, then merit in every situation will be cherished and em
ployed. If, on the contrary, offices are to be the price of obedi
ence, and men are to enjoy his favor, no longer than they con
sent to be his tools, merit will be neglected, and the State must
Mi. 32.] ADDRESS.
suffer by having the public business, in too many instances,
intrusted to improper hands.
In addition to the parties which have too long existed in the
State, on personal and particular grounds, it must be lamented,
that the new Constitution for the government of the United
States has divided the community on a more extensive scale,
and has occasioned animosities which have not yet ceased to
operate. On that great question very honest men took opposite
sides ; and those who were not honest assisted in " troubling the
But certainly, it is now high time that those parties should sub
side ; and should, for the sake of the public good, unite ; agreeing
in these two points, that all should join in supporting the Constitu
tion established by the people of the United States, and that all
should join in obtaining a reconsideration of the parts which have
been the subject of objection, in order that every reasonable and
safe endeavor may be used to give universal satisfaction, to remove
the apprehensions entertained by the honest opponents of the
system, and to provide, if upon cool and deliberate examination
any be found requisite, such additional -securities to the liberties
of the people, as shall be compatible with the salutary and neces
sary energy of an efficient National Government. To such a
compromise, it is essential that the unhappy divisions which now
exist among us should be buried. And to this end, it is equally
essential, that our first magistrate should be a man of modera
tion, sincerely disposed to heal, not to widen those divisions ; to
promote conciliation, not dissension, to allay, not excite the fer
mentations of party spirit, and to restore that cordial good will
and mutual confidence, which ought to exist among a people,
bound to each other by all the ties which connect members of
the same society.
It is seriously to be deplored, that dissension reigns in the
most important departments of the State, and as dissensions
among brethren, so destructive to the happiness of families, are
often appeased by parental influence and prudence, so there is
good reason to flatter ourselves, that a Chief Magistrate, sincerely
desirous of re-establishing concord, may, without much difficulty,
478 HAMILTON'S WORKS. [Mi. 32.
effect it, especially if he should owe his exaltation to the votes
of both the contending parties.
Keflections of this nature had their full weight in forming
the opinion of the meeting, which appointed us, not only as to
the necessity of choosing some other person than the present
Governor, but as to the man whom it would be desirable to
As we are aware, that the warm partisans of men in office
are apt to represent every attempt to change them, as a species
of personal injury, we think it necessary to remark in this
place, that at the expiration of his three years, the Constitution
will return the present Chief Magistrate to the mass of the peo
ple. The question is not, therefore, whether he shall be put out,
but whether he shall be put in. As no man has a right to office,
or re-election, in virtue of long possession, no man, of course,
can have a right to complain, if the people do not think it pro
per to continue to be governed by him.
In the consideration of the character most proper to be held
up at the ensuing election, some difficulties occurred. Our fellow-
citizens in some parts of the State had proposed Judge Yates,
others had been advocates of the Lieutenant Governor, and
others for Chief Justice Morris. It is well known that the in
habitants of this city are, with few exceptions, strongly attached
to the New Constitution, and have been remarkably unanimous
and active in its support. It is also well known, that Lieutenant
Governor Cortland, and Chief Justice Morris, whom we respect
and esteem, were zealous advocates for the same cause. Had it
been agreed to support either of them for the office of Governor,
there would have been reason to fear, that the measure would
have been imputed to party, and not to a desire of relieving our
country from the evils they experience from the heats of party.
It appeared, therefore, most advisable to elect some man of the
opposite party, in whose integrity, patriotism and temper, confi
dence might be placed, however little his political opinions on
the question lately agitated might be approved by those who
were assembled upon the occasion.
Among the persons of this description, there were circum-
jET. 32.] ADDRESS. 479
stances which led to a decision in favor of Judge Yates. And
we flatter ourselves, that this decision, to those who are acquaint
ed with the situation of the State, will be most likely to appear
well founded. It is certain, that as a man and a judge, he is gene
rally esteemed. And though his opposition to the New Constitu
tion was such as his friends cannot but disapprove ; yet, since the
period of its adoption, his conduct has been tempered with a
degree of moderation, and regard to peace and decorum, which
entitle him to credit; and seem to point him out as a man
likely to compose the differences of the State, and to unite its
citizens in the harmonious pursuit of their common and genuine
Of this at least we feel confident, that he has no personal re
venge to gratify, no opponents to oppress, no partisans to pro
vide for, nor any promises for personal purposes to be performed
at the public expense. On the contrary, we trust he will be
found to be a man, who looks with an equal eye on his fellow-
citizens, and who will be more ambitious of leaving a good name
than a good estate to his posterity.
For these, and for other reasons, which considerations of de
corum induce us to pass over in silence, the meeting was una
nimously of opinion, that it would be advisable to try Judge
Yates, as our Governor for the next three years. They were
persuaded, that the State could not lose by the experiment, and
entertained strong hopes, that much good would redound to it
from his administration.
We shall be happy to find, that the same reasons, and that
regard for the public weal, which has at all times distinguished
their conduct, may induce the Lieutenant-Governor and Chief
Justice Morris to forbear a competition which can evidently, un
der the existing circumstances, answer no good purpose ; and
that they, and their particular friends, do generously join with
their fellow-citizens of every place and party, in promoting the
election of Mr. Yates, as the only candidate likely to succeed,
whose character affords a prospect, that he will, under Provi
dence, be instrumental in preserving and advancing the dignity
and interests of the people, and in restoring to them the blessings
of union and cordiality at home, and respect abroad.
480 HAMILTON'S WORKS. [^Ei. 32.
It will give us great pleasure to learn the sentiments of
your county, on this important subject, and to know, that they
coincide with those which we entertain, and which we have
every reason to believe, correspond with the general sense of the
people of this city and county. We acknowledge that we feel
a very serious anxiety for the issue ; and that, from the most
mature reflection, we regard a change in the person of the
Chief Magistrate, as a matter of high importance to the tran
quillity and prosperity of the State. Nor can we forbear, as
brethren and fellow-citizens, earnestly to exhort the inhabitants
of your county, to weigh well the importance of the opportunity
which the approaching election presents to them, and to resolve
to exercise their right of suffrage, in that unbiassed and inde
pendent manner, which becomes a free and enlightened people.
We shall only add, that it is manifestly essential to insure suc
cess to the attempt, that all those who concur in the expediency
of a change, should zealously unite in the support of the same
I have the honor to be,
Your obedient servant.
By order of the committee,
ALEXANDER HAMILTON, Chairman.
EULOGIUM ON MAJOK-GENEKAL GKEENE.
DELIVERED BEFORE THE SOCIETY OF THE CINCINNATI,
July 4th, 1789.
There is no duty that could have been assigned to me by
this society which I should execute with greater alacrity than
the one I am now called upon to perform. All the motives
capable of interesting an ingenuous and feeling mind conspire to
prompt me to its execution. To commemorate the talents, virtues,
and exploits, of great and good men, is at all times a pleasing
jET.32.] EULOGIUM ON GEN. GREENE. 481
task to those who know how to esteem them. But when such
men, to the title of superior merit, join that of having been the
defenders and guardians of our country; when they have been
connected with us as companions in the same dangers, sufferings,
misfortunes, and triumphs ; when they have been allied to us in
the still more endearing character of friends ; we recall the ideas
of their worth with sensations that affect us yet more nearly, and
feel an involuntary propensity to consider their fame as our own.
We seem to appropriate to ourselves the good they have done ;
to take a personal interest in the glory they have acquired ; and
to share in the very praise we bestow.
In entering upon a subject in which your feelings as well as
my own are so deeply concerned, however it might become me
to follow examples of humility, I shall refrain from a practice
perhaps not less laudable than it is common. I cannot prevail
upon myself to check the current of your sensibility by the cold
formalities of an apology for the defects of the speaker. These
can neither be concealed or extenuated by the affectation of diffi
dence ; nor even by the genuine concessions of conscious inability.
'Tis your command, and the reverence we all bear to the me
mory of him of whom I am to speak, that must constitute my
excuse, and my claim to your indulgence. Did I even possess
the powers of oratory, I should with reluctance attempt to
employ them upon the present occasion. The native brilliancy
of the diamond needs not the polish of art : the conspicuous
features of pre-eminent merit, need not the coloring pencil of
imagination, nor the florid decorations of rhetoric.
From you who knew and loved him, I fear not the imputa
tion of flattery, or enthusiasm, when I indulge an expectation,
that the name of GREENE will at once awaken in your minds, the
images of whatever is noble and estimable in human nature.
The fidelity of the portrait I shall draw, will therefore have
nothing to apprehend from your sentence. But I dare not hope
that it will meet with equal justice from all others ; or that it will
entirely escape the cavils of ignorance and the shafts of envy.
For high as this great man stood in the estimation of his country,
the whole extent of his worth was little known. The situations
482 HAMILTON'S WORKS. [JEir. 32.
in which he has appeared, though such as would have measured
the faculties and exhausted the resources of men who might justly
challenge the epithet of great, were yet incompetent to the full
display of those various, rare, and exalted endowments, with
which nature only now and then decorates a favorite, as if with
intention to astonish mankind.
As a man, the virtues of Greene are admitted ; as a patriot, he
holds a place in the foremost rank ; as a statesman, he is praised ;
as a soldier, he is admired. But in the two last characters, espe
cially in the last but one, his reputation falls far below his
desert. It required a longer life, and still greater opportunities,
to have enabled him to exhibit, in full day, the vast, I had almost