As usual, this gives the editors a chance to point out the value of accurate and modern transcription. As published by Anne Cary Morris in her two volume edition, it was scrambled, paragraphs dropped, a paragraph from another letter entirely inserted, punctuation changed, etc., etc.:
Robert
Walsh junr.[1] Esqr. Morrisania 5
Feby. 1811
Philadelphia
Dear Sir
Genl. Hamilton had little Share
in forming the Constitution. He disliked it, beleiving all republican Government
to be radically defective. He admired, nevertheless, the british Constitution
which I consider as an Aristocracy in fact though a Monarchy in Name. The King
can do Nothing but appoint Ministers who then become the acting responsible
Executive. And even in the Nomination of those (who by the Curtesy are stiled)
his Ministers he is rarely a free Agent. In getting Rid of one Set another
stands ready which he must take or see the Men of his Choice in a Minority and
the Machine of Government stand still. But you know all this better than I do.
Genl. Hamilton hated
republican Government because he confounded it with democratical Government
& he detested the latter, because he beleived it must end in Despotism; and
be in the mean Time destructive to public Morality. He beleived that our Administration
would be enfeebled progressively at every new Election and become at last
contemptible. He apprehended that the Minions of Faction would sell themselves
and their Country as soon as foreign Powers should think it worth while to make
the Purchase. In short his Study of antient History impressed on his Mind a Conviction
that Democracy, ending in Tyranny, is while it lasts a cruel and oppressing Domination.
One marked Trait of the General's Character was the pertinacious Adherence to Opinions
he had once formed. From his Situation in early Life it was not to be expected
that he should have a Fellow Feeling with those who idly supposed themselves to
be the natural Aristocracy of this Country. In maturer Age his Observation and
good Sense demonstrated that the Materials for an Aristocracy do not exist in
America: wherefore taking the People as a Mass in which there was Nothing of
Family Wealth Prejudice or Habit to raise a permanent Mound of Distinction in
which (moreover) the Torrent of Opinion had already washed away every Mole Hill
of Respect raised by the Industry of individual Pride, he considered the Fate
of Rome in her meridian Splendor and that of Athens from the Dawn to the Sun
Set of her Glory as the Portraits of our future Fortune. Moreover the Extent of
the United States led him to fear a Defect of national Sentiment. That which at
the Time our Constitution was formed had been generated by Fellowship in the
revolutionary War was sinking under the Pressure of State Interest commercial
Rivalry the Pursuit of Wealth and those thousand giddy Projects which the Intoxication
of Independence an extravagant Idea of our own Importance, a profound Ignorance
of other Nations, the Prostration of public Credit and the Paucity of our
Ressources had engendred.
He heartily assented nevertheless to the
Constitution because he considered it as a Band which might hold us together
for some Time, and he knew that national Sentiment is the Offspring of national
Existence. He trusted moreover that in the Changes and Chances of Time we should
be involved in some War which might strengthen our Union and nerve the Executive[.]
He was not (as some have supposed) so
blind as not to see that the President could purchase Power and shelter himself
from Responsibility by sacrificing the Rights and Duties of his Office at the Shrine
of Influence. But he was too proud and, let me add, too virtuous to recommend
or tolerate Measures eventually fatal to Liberty and Honor. It was not, then,
because he thought the executive Magistrate too feeble to carry on the Business
of the State that he wished him to possess more Authority but because he
thought there was not sufficient Power to carry on the Business honestly. He apprehended
a corrupt Understanding between the Executive and a dominating Party in the
Legislature which would destroy the 's Responsibility,
and he was not to be taught (what every one knows) that where Responsibility
ends Fraud Injustice Tyranny and Treachery begin.
Genl. Hamilton was of that Kind
of Men which may most safely be trusted, for he was more covetous of Glory than
of Wealth or Power. But he was of all Men the most indiscreet. He knew that a
limited Monarchy, even if established, could not preserve itself in this Country.
He knew also that it could not be established, because there is not the regular
Gradation of Ranks among our Citizens which is essential to that Species of Government.
And he very well knew that no Monarchy whatever could be established but by the
Mob. When a Multitude of indigent profligate People can be collected and
organized their Envy of Wealth Talents and Reputation will induce them to give
themselves a Master provided that, in so doing they can humble and mortify
their Superiors. But there is no Instance to prove and it is indeed flatly
absurd to suppose that the upper Ranks of Society will, by setting up a King,
put down themselves. Fortunately for us no such Mass of People can be collected
in America. None such exists. But altho Genl Hamilton knew these Things
from the Study of History and perceived them by the Intuition of Genius he
never failed on every Occasion to advocate the Excellence of and avow his Attachment
to monarchical Government. By this Course, he not only cut himself off from all Chance of
rising into Office but singularly promoted the Views of his Opponents, who with
the Fondness for Wealth and Power which he had not, affected a Love for the People
which he had and which they had not. Thus Meaning very well he acted very ill
and approached the Evils he apprehended by his very Solicitude to keep them at
a Distance.
Those who formed our Constitution were
not blind to its Defects. They beleived a monarchical Form to be neither solid
nor durable. They conceived it to be vigorous or feeble active or slothful wise
or foolish mild or cruel just or unjust according to the personal Character of
the Prince. It is a Dupery to cite the Duration of french Monarchy at Eight Centuries.
In that Period the Provinces which lately composed it passed by various Fortune
from their Subjection to Rome thro the Conquest of Barbarians the Ferociousness
of feudal Aristocracy and the Horrors of Anarchy and civil War to their Union
under the Bourbons. That Union was not consolidated untill the soaring Spirit
of Richelieu and the flexible Temper of Mazarin had tamed an indignant Nobility
to the Yoke of Obedience. By the Vanity the Ambition and the Talents of Louis
the Fourteenth, France became the Terror of Europe. By the facile Immorality of
the Regent & and the lascivious Feebleness of Louis the Fifteenth she sunk
almost into Contempt. After a few Years of distempered Existence under the mild
and virtuous Louis the Sixteenth the Lamp of that boasted Monarchy was
extinguished in his Blood.
Fond,
however, as the Framers of our national Constitution were of republican
Government, they were not so much blinded by their Attachment as not to discern
the Difficulty, perhaps Impracticability, of raising a durable Edifice from crumbling
Materials. History the Parent of political Science had told them that it was
almost as vain to expect Permanency from Democracy as to construct a Pallace on
the Surface of the Sea. But it would have been foolish to fold their Arms and
sink into Despondence because they could neither form nor establish the best of
all possible Systems. They tell us in their President's Letter of the 17th Sepr
1787 "The Constitution which we now present is the Result of a Spirit of Amity
and of that mutual Deference and Concession which the Peculiarity of our
political Situation rendered indispensible." It is not easy to be wise for
all Times. Not even for the present; much less for the future: and those who
judge of the past must recollect that when it was present, the present was
future. Supposing however that one or two solitary Individuals, blessed with an
unusual Portion of the divine Afflatus, could determine what will fit Futurity;
they would find it no easy Task to prevail so far with the present Generation
as to induce their Adoption of a Plan at variance with their Feelings. As in War,
after the best Disposition which the Ground, the Soldiers you command the Arms
they use their Numbers Courage and Skill compared with the Arms the Skill and
the Courage of your Enemy will admit of, much must be left to Chance or in
other Words to Combinations of which we are ignorant; so in Politics after all
that human Prudence can do Events which no Genius could foresee will often
direct a Course wholly different from the high Road of Probability. The
Materials of which Society is formed are continually changing, and altho while
floating together on the Tide of Time the Progress is unobserved by all, yet
any one on looking back and comparing Conditions will perceive a great
Difference. It was therefore pardonable to suppose that what would in one Day
be neither advisable nor practicable might in another Day be safe and easy.
Perhaps there is still in my old Bosom too much of the youthful Ardor of Hope,
but I do not despair of our Country. True it is that the present State of Things
has approached with unlooked for Rapidity. But in that very Circumstance there
is a Source of Comfort. In Spite of the Power of Corruption there is still,
perhaps, enough of public Sentiment left to sanctify the approaching
Misfortunes. Let not good Men despair because the People were not awakened by what
has past.[2] It should
be considered that in Proportion to the Size and Strength of the Patient and to
the Dullness of his Organs the Dose must be large to operate with Effect. The
Embargo produced so much of Nausea that our State Doctors perceived the Necessity
of an Opiate. Thus the incipient Spasm was lulled, but Causes must eventually produce
their Effects.
This Digression leads us however from
the Point of your Enquiry: how far has the Senate answered the End of it's Creation?
I answer further than was expected but by no Means so far as was wished. It is
necessary here to anticipate one of your subsequent Questions "What has
been and what is now the Influence of the State Governments on the federal System?
To obtain any Thing like a Check on the Rashness of Democracy it was necessary
not only to organize the Legislature into different Bodies (for that alone is a
poor Expedient) but to endeavor that these Bodies should be animated by a
different Spirit. To this End the States in their corporate Capacity were made Electors
of the Senate; and so long as the State Governments had considerable Influence
and the Consciousness of Dignity which that Influence imparts, the Senate felt
Something of the desired Sentiment and answered in some Degree the End of it's Institution.
But that Day is past. This opens to our View a Dilemma which was not unpercieved
when the Constitution was formed. If the State Influence should continue, the
Union could not last, and if it did not the Utility of the Senate would cease.
It was observed in the Convention at an early Day (by one who had afterwards a
considerable Share of the Business) when the necessity of drawing a Line between
national Sovereignty and State Independence was insisted on "that if
Aarons Rod could not swallow the Rods of the Magicians their Rods would swallow
his." But it is one Thing to perceive a Dilemma and another Thing to get
out of it. In the Option between two Evils that which appeared to be the least
was preferred, and the Power of the Union provided for. At present the Influence
of the general Government has so thoroughly pervaded every State that all the
little Wheels are obliged to turn according to the great one. Factious Leaders sometimes snarl and growl but
the Curs cannot bite and are easily lashed into Order by the great executive
Thing. It is pleasant enough to see them drop their Tails and run yelping to
the Kennel.
A factious Spirit prevails from one End
of our Country to the other. And by that Spirit both Senators and
Representatives are chosen. By that Spirit the Government acts; and as to the
Provisions of the Constitution, however they may serve to fill up the Space of
a Speech to round off a Period or perfume a Flower of Rhetoric, they cannot
restrain Men heated in the Chase of Party Game. Mr. Poindexter lately observed
with no little Truth that it would be vain to oppose what should be enjoined
under Form of Law, because it was forbidden by the Constitution. The Senate (in
my poor Opinion) is little if any Check either on the President or the House of
Representatives. It has not the Disposition. The Members of both Houses are Creatures
which tho differently born are begotten in the same Way and by the same Sire.
They have of Course the same Temper. But their Opposition, were they disposed
to make any would be feeble. They would easily be borne down by the other House
in which the Power resides. The President can indeed do what he pleases
provided always it shall please him to please those who lead a Majority of the
Representatives. This Matter is understood among the Parties concerned. The
Representatives, however, do not yet know that their Power has no Bound except
their Discretion: but a pleasant Lesson is easily learnt and the more they feel
their Power the less will be their Discretion. Authority so placed is liable as
well to Excess as to Abuse, and this Country, unless I am much mistaken will
experience not a little of both.
In what has already been said you may
find some Answer to your Question "How far have the Amendments to the
Constitution altered it's Spirit? These Amendments are,
generally speaking, mere Verbage. They served to deck out pretending Patriots
and dupe those who clamored against an Instrument which it had not pleased God
such as they should understand. One of them, however, that a State should not
be made amenable to Justice thro the Medium of the supreme Court was perhaps
proper. To bring a State into a Court of Justice has more of what the French
call le beau ideal than of rational Policy: for it would not be easy to
coerce a Corporation (such as New York for Instance) which contains near a
Million of Souls. The other Amendments resemble those Bills of Rights which, to
use a fashionable Phrase, were all the Rage some Years ago. It is unwise to
annex such Things to a Form of Government. If the Rights are secured by the
Constitution, to detail them is unnecessary; and if they are not, it is worse
than useless: for the Contradiction between two such Instruments becomes a
Source of dangerous Contention. Finally however the Controversy must be decided
by the Voice and, of Course, according to the Will of the Legislature; whose
Power a Bill of Rights is intended to restrain. Moreover the Uncertainty of
Words when used by those who understand them best renders it difficult, perhaps
impossible, to express the same Thing precisely in two different Ways. Now it has been said that our Constitution is
remarkable for the Perspicuity of it's Language: and if so there was some Hazard
in attempting to cloathe any of it's Provisions by the (so called) Amendments,
in different Terms. It would be a tedious Work of Supererogation to shew that
the original Constitution contained those Guards
which form the apparent Object of the Amendments. A more curious as well as
comprehensive View of the Subject will present itself by a Recurrence to Facts
fresh in our Memory. Those Gentlemen who patronized and matronized the
Amendments have long governed the United States according to their own Will and
Pleasure, as I suppose, tho there are who say they act under the Dictation of a
severe Task Master. Now put your Finger (I pray) on the sixth Article of the Amendments
or Bill of Rights call it which you please. It is there written. "The Right
of the People to be secure in their Persons Houses Papers and Effects against
unreasonable Searches and Seizures shall not be violated and no Warrants shall
issue but upon probable Cause supported by Oath or Affirmation and particularly
describing the Place to be searched and the Persons or Things to be seized."
Had this Provision been made after the last Supplement to the late Embargo Law,
it might be considered by a giddy Populace as giving them sufficient Security
against the outrageous Proceedings directed by that Supplement. But considerate
Men are not the Dupes of patriotic Professions neither will they confide the Defence
of their Liberty to Paper Bulwarks. Such Men never beleived the Amendments gave
any additional Security to Life Liberty or Property. But very few in America,
perhaps not twenty, could imagine that the very Authors of the Article just
cited would be the first to violate it; and that in a Manner so flagrant and
shameless. Let noisy Dram Shop Politicians roar out their Adoration of our
divine System their Detestation of Despots and their Contempt for the Slaves of
Britain; You Sir well know that neither would a british Monarch suggest nor a british
Minister propose nor a british Parliament dare to enact a Statute so hostile to
Freedom as that last Supplement to the Embargo. It must not however be
concluded that the American People are prepared for the Yoke of Despotism.
Should Power revert to federal Hands, and should they, presuming on the Precedent,
attempt any Thing one tenth Part as improper, they would soon be made sensible
of the Difference. But it is an Evil inseparable from Democracy that the Leaders
of that Faction which includes the lower Class of Citizens may commit the
greatest Excesses with Impunity. This my friend Hamilton distinctly foresaw and
would, were he now alive, reproach his intimate Friends for their Attachment to
a Government so liable to Abuse. The Reproach however would be ineffectual.
They would defend themselves by observing that the great Body of American Freeholders
have such direct Interest in the Preservation of Law and Order that they will
stand forth to secure their Rights when the Necessity for it shall appear. They
would say farther that such Necessity cannot be shewn by a Course of political Ratiocination.
Luckily, or to speak with a Reverence proper to the Occasion, providentially, Mankind
are not disposed to embark the Blessings they enjoy on a Voyage of syllogistic
Adventure to obtain Something more beautiful in Exchange. They must feel before
they will act. This is proved not only by the History of other Nations but by
our own. When Misfortunes press hard, and not before, the People will look for
that Wisdom and Virtue in which formerly they found Safety. They will then
listen to the Voice which, in the Wantonness of Prosperity, they despised.
Then, and not till then, can the true Patriot be of any Use.
But it is high Time to close this long
Letter. Beleive me I pray with Esteem & Respect &c:
[1]
Robert Walsh, Jr. (1784-1859). The Papers of Thomas Jefferson has a lengthy
annotation about him, describing him as an "author, educator, and
diplomat."
[2]
Morris wrote "passed" at the end of the page but "past" at
the top of the next.
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