with a view to increase their powers, and the more enfeeble the general government; the other, the danger to be apprehended of throwing open the whole constitution to a future convention, a measure which might result in a dissolution of the union.

Hamilton's plan avoided these evils. Unwilling to lose his hold upon the constitution about to be recommended as the great bond of union, it provided that amendments might be proposed by the legislature of the United States, two-thirds of its members concurring, which, if ratified by the legislatures or conventions of two-thirds of the states composing the union, should become parts of the still existing constitution.

His plan also probably led to the provisions in the fifth article of the constitution, which was the result of a compromise.

The draft of a constitution reported on the sixth of August, proposed that it should be laid before congress for their approbation, and declared it as "the opinion of the convention," that it should be afterwards submitted to a convention, to be chosen in each state under the recommendation of its legislature, to receive its ratification. Should congress not have thought proper to submit the constitution to be ratified, an event which, from the temper previously displayed by that body, was not improbable, the labours of the convention would have been regarded as little more than a solemn farce.

Hamilton's plan declared, "that this constitution shall be submitted to the consideration of conventions in the several states, the members whereof shall be chosen by the people, under the direction of their legislatures; the ratification of each state being final, with power to each convention, thus immediately expressing the will of the people to appoint its senators and representatives, who, as Wash ington would be the choice, were to elect the first president VOL. III.-22

Thus the establishment of the constitution was ensured, the people of each state ratifying it, becoming by that act parties to it, and forming the nucleus of a more extended union.

The last article of the present constitution was evidently framed in reference to this provision, though it embodied a vicious principle of the confederation; declaring that "the ratification of the conventions of nine* states shall be sufficient for the establishment of the constitution between the states so ratifying" it.

A revised plan of the constitution was reported by Johnson, on the twelfth of September, with a letter to congress stating it to be the result of a spirit of amity, and of that mutual deference and concession which the peculiarity of their political situation rendered indispensable. Several amendments having been made to the plan, an engrossed copy was read before the convention on the seventeenth of September.

Though doubting much of the efficacy of several of its provisions, Hamilton earnestly urged the unanimous approval of all the members of the convention. ThreeGerry, Mason, and Randolph-withheld their assent; all the other delegates affixed their signatures, among which Hamilton's name appears as the sole representative of New-York.t

From the previous narrative, it appears that any uncompelled disclosure of the proceedings of the federal convention, was a breach of an express stipulation among its members. It was to be expected that those who could violate that stipulation, would not be very scrupulous as to the accuracy of their statements.

The eminent position Hamilton held before this nation, would naturally excite opposition and lead to misrepre*Seven had been proposed, then ten, then nine.

The signatures were made under his supervision, as the designation of the States opposite to the members names is, in the engrossed copy, in his hand-writing.

sentation. In the absence of real grounds of mculpation, the more apt would be the resort to imputations of opinions offensive to the easily excited suspicions of a jealous population.

Such was the policy of his enemies. His theoretic doubts of the permanency of purely democratic institutions, and of their power to promote the happiness of a community, and his approval of the British constitution, however qualified, the open avowal of which ought to have produced the opposite effect, were tortured into evidence of opinions unfriendly to liberty, and these opinions were soon represented as designs.

Some additional statements are thus rendered necessary. In the reply previously referred to, made by Hamilton to an anonymous attack in the year seventeen hundred and ninety-two, at the seat of government, when nearly all the members of the convention were living, to a charge that he "opposed the constitution in the grand convention, because it was too republican," he remarked, "This I affirm to be a gross misrepresentation. To prove it so, it were sufficient to appeal to a single fact, namely, that the gentleman alluded to was the only member from the state to which he belonged who signed the constitution, and, it is notorious, against the prevailing weight of the official influence of the state, and against what would probably be the opinion of a large majority of his fellow-citizens, till better information should correct their first impressions. How, then, can he be believed to have opposed a thing which he actually agreed to, and that in so unsupported a situation and under circumstances of such peculiar responsibility? To this, I shall add two more facts :-One, that the member in question never made a proposition to the convention which was not conformable to the republicar theory. The other, that the highest toned of any of the propositions made by him, was actually voted for by the

representatives of several states, including some of the principal ones, and including individuals who, in the estimation of those who deem themselves the only republicans. are pre-eminent for republican character. More than this I am not at liberty to say."*

*That Virginia voted for a president during good behaviour, is seen in the journal of the seventeenth of July, and that Madison gave one of these votes is not controverted by him in his report of the proceedings of that day. He only seeks to explain it. His statement is, that Doctor McClurg moved this term of service, with the comment, that "the probable object of this motion was merely to enforce the argument against the re-eligibility of the executive magistrate by holding out a tenure during good behaviour, as the alternative for keeping him independent of the legislature." Madison reports his own speech on this motion, which, as far as it relates to it, does not disapprove it, and adds this observation in a note: "The view here taken of the subject, was meant to aid in parrying the animadversions likely to fall on the motion of Doctor McClurg, for whom J. M. had a particular regard. The Doctor, though possessing talents of the highest order, was modest and unaccustomed to exert them in public debate." It will be recollected that this explana. tion is given after Hamilton's public and then uncontradicted charge, that Madison's views on this subject did not differ from his own. Complaisance strained to its utmost limit might induce these remarks to parry animadver. sions on a friend, but complaisance did not require that Madison should not merely have sought to parry censure of the proposition of a friend which he wished himself to be regarded as disapproving, but that he should have record. ed his vote in favour of it. "This vote," he also observes in a note, "is not to be considered as any certain index of opinion, as a number in the affirmative probably had it chiefly in view to alarm those attached to a dependence of the executive on the legislature, and thereby facilitate some final arrange. ment of a contrary tendency. The avowed friends of an executive' during good behaviour,' were not more than three or four, nor is it certain they would have adhered to such a tenure." Madison has also left the evidence that he did not at that time regard such a term of office as being inconsistent with the republican theory. "If," he wrote, "we resort for a criterion to the dif. ferent principles on which different forms of government are established, we may define a republic to be, or at least may bestow that name on a government which derives all its powers directly or indirectly from the great body of the people, and is administered by persons holding their offices during pleasure, for a limited period, or during good behaviour," &c.-Federalist, No. 39. Thus his vote and his theory were at this time consistent with each other.— Mad. Papers, 1125, 6, 9.

A subsequent misstatement of his course in the convention, drew forth a voluntary publication from Luther Martin. "That Hamilton in a most able and eloquent address, did express his general ideas upon the subject of government, and of that government which would in all human probability be most advantageous for the United States, 1 admit; but, in thus expressing his sentiments, he did not suggest a wish that any one officer of the government should derive his power from any other source than the people; that there should be in any instance an hereditary succession to office, nor that any person should continue longer than during good behaviour."

Another publication appeared, charging him with having proposed a monarchy to the convention. This was denied, and it was replied, that "he proposed a system composed of three branches, an assembly, a senate, and a governor. That the assembly should be elected by the people for three years, and that the senate and governor should be likewise elected by the people, during good behaviour."

In answer to this publication, Hamilton published a full explanatory view of the propositions made by him.

"Thus the charge," he said, "is at length reduced to specific terms. Before it can be decided, however, whether this would be a monarchy or a republic, it seems necessary to settle the meaning of those terms.

"No exact definitions have settled what is or is not a republican government as contradistinguished from a monarchical. Every man who speaks or writes on the subject, has an arbitrary standard in his own mind. The mad democrat will have nothing republican which does not accord with his own mad theory. He rejects even representation. Such is the opinion held by a man, now one of Mr. Jefferson's ministers. Some authors denominate every government a monarchy, in which the executive authority is placed in a single hand, whether for life or for years, and wheth