Title: To Alexander Hamilton from William Heth, 14 January 1799
From: Heth, William
To: Hamilton, Alexander

Petersburg [Virginia] 14th. Jany 1799
Dear Sir

It is some days since I was made happy by the receipt of your kind favor of the 18th. Ulto. A man of your lively feelings, can easily guess what my sensations were, on receiving this letter, when I tell you, that I had actually concluded you had forgotten me: and not so much on account of your not acknowledging the rect of my pamphlet of June last as having two, if not three, other confidential letters,—unanswerd—(for I know well your avocations, and consequently, know how to make allowances.) One of those letters enclosed a news paper, containing a piece that I was desirous you should see, and I have been much concerned, under an apprehension, that it miscarried—for, it was sent by Water.
I thank you, my dear Sir, for the very flattering manner in which you are pleased to think of me, in case of a call to Arms! Having spent some days lately, with my old friend, brother soldier, and fellow prisoner General Pinkney, I understand from him, that you are as well acquainted as he is, with the confidential correspondence which I have had with our beloved chief, respecting the station which I should be proud to take in case of such a call. When I presumed thus to suggest my wishes, I conceived that the present commander in chief would be indulged, if he wished an higher rank than is already provided by Law, for any particular character to serve near his person. Is it proper, do you think, to encourage such an Idea? It arose, not only from the consideration, that there was little reason to expect that rank in the line (Should my services be wanting), to which, I might suppose myself entitled from former service and experience; but, from what I still consider, as a well founded opinion that one aid at least, to a Commander in chief, ought to hold an higher rank than a Colonel. A consideration of this nature, affects, as you know, our friend Carrington. (we are in habits, as you may suppose, of the closest intimacy & confidence) for it never can be expected of him to take the Station, marked out for him, & which he is so peculiarly qualified to fill, under the rank at present attach’d to it.
Should I be calld upon in the way I wish, or in any other way, there are considerations, which equally apply to Carrington and myself, and on which, he has no doubt, some time since written to the Commander in Chief. Viz.—After having experienced much labor, & anxiety of mind, for little compensation in bringing our Offices to that reputation which they now hold, ought we to be deprived of them, just as they promise something handsome during life, or good behaviour—on being calld upon to fill other public stations, which may prove to be, but of Short duration? You will greatly oblige me, by your opinion on this subject.
You heard no doubt that I was deprived in September last without a moments notice scarce, of both my Clerks, by the Yellow fever. What my labor and application has been since, you, can easily guess. But, I am now happy to find, that in two or three months more, I shall be better supported than ever. A young gentleman of about five or six and Twenty—of very liberal education & fine talents; of uncommon Steadiness & application, of the most respectable connextions, and most unblemished character; has, after spending a quarter with me, engaged for the current year. This gentleman, in case of my being calld upon, could with great propriety discharge the duties of the Office in my name; or—if it would be better that he should be actually appointed to the Office, I could rely upon his resigning in my favor, in case I should be fortunate enough to weather another conflict, in defence of my injured, & insulted Country. Your sentiments on this question, would be highly gratifying. I could make my arrangements accordingly.
Persuaded that it will give you much pleasure to find how our friend Pinkney was recd at this place, hitherto considered as highly Democratic—you have enclosed an history of our doings—which I hope you will think, at least worth the postage it will cost you.
The toasts you will say, are too long. True—but they are what I wished them to be, pointed, unequivocal, & animated and I do not think that such things can be made too public—for really, the faction appears to me, to be fast sinking—and, in my opinion, it requires only some great, energetic measure, like open war, to bring those deluded and imposed upon, of our fellow citizens, to a just sense of their weakness & folly. We now appear to have a most favorable oppy. to give a decided blow to French ambition & cruelty. War, even brings peace. I need not say more to a man of your quickness of comprehension, to convey what I mean.
You ask, “What do the faction in your State really aim at?” I answer—Nothing short of disunion, and the heads of John Adams, and Alexander Hamilton; & some few others perhaps. So—take care of yourself.
I should appear more like an Irishman than I really am, were I to offer as an apology for the verbosity of this, my having been oblig’d to write in great hurry, & under much interruption: but, in truth, if I had time to correct and copy; or if I could have taken time to have Marshal’d my Ideas, I should certainly have been much more concise. However, if you will excuse this, and will be kind enough to drop me a few lines in answer, for I shall be impatient to hear from you—I promise not to trouble you with such a long letter again, unless I shall have more important things to communicate. Adieu—and believe me to be most affectionately and
Truly yours

W Heth


Title: From Alexander Hamilton to James McHenry, 14 January 1799
From: Hamilton, Alexander
To: McHenry, James

New York Jany 14. 1799
Dr. Sir

I received on Saturday two letters from you desiring that your different propositions might be thrown into two Bills & suggesting the idea of an Incorporation of the several existing laws into one system. This idea is a good one, but to accomplish it with sufficient correctness would require several days to examine carefully and prepare with accuracy. Besides this, I incline to the opinion that it will be best in the first instance to present the alterations and additions proposed independently—that the progress of them may not be embarrassed by the consideration of an entire system; and I had even thought of a distribution into more than two divisions to secure at all events the passage of some things. The organisation on my plan would form one bill comprehending the sections in the inclosed draft No. 1 to   inclusively. The Hospital department would form another Bill. The provisional army & volunteers a third. The miscellaneous points a fourth. The plan however of two Bills is now pursued, except that I shall prepare the sections for the Hospital establishment separately; which with the provisional army Bill will go by tomorrows Post.
I do not exactly seize your idea about the Inspector of Fortifications and therefore have prepared nothing on that point. Is it essential to have a distinct Officer of th⟨is⟩ character? Or may not the objects of it be fulfilled by some one of the Engineers of the establishment? I will endeavour to embrace your plan on this head and if I do I will throw it into the form of a Section of a Bill.
I do not lose sight of the idea of an Incorporation of the whole Military system into one law; but I believe you will on more reflection judge it adviseable to make this a subsequent Operation of greater leisure and care.
I remain with great esteem & regard   Dr. Sir   Yr Obed serv

A Hamilton
Js Mc.Henry Esq.


Title: From Alexander Hamilton to Robert Liston, 15 January 1799
From: Hamilton, Alexander
To: Liston, Robert

[New York, January 15, 1799. On January 20, 1799, Liston wrote to Hamilton: “Mr. Brunel delivered to me yesterday your letter of the 15th of this month.” Letter not found.]


Title: From Alexander Hamilton to James McHenry, [15 January 1799]
From: Hamilton, Alexander
To: McHenry, James

[New York, January 15, 1799]
Dr. Sir

I find I cannot have ready for this days post the bill for the Provisional army. Inclosed are some additional clauses relating to organisation consequently to be inserted in the Bill sent by yesterdays post. You will easily determine their proper position there. They are necessary to systematic propriety. General provisions of this kind will prevent continual repetitions in every new law respecting the military force.
With esteem & regard   Yr. Obed servt.

A H
NYork Jany. 15. 1799
Js Mc.Henry Esq


Title: From Alexander Hamilton to James McHenry, 16 January 1799
From: Hamilton, Alexander
To: McHenry, James

New York Jany 16. 1799
Dr. Sir,

You will receive herewith the Draft of a Bill for a provisional army. It includes only those things of the former Bill which are appropriate to this object—the other parts of that Bill being now in full force. The operation of the Bill which has been already sent you renders the repetition of several clauses in the present un [ne]cessary. The aim indeed ought to be to have a fundamental arrangement which will attack of course upon all subsequent provisions of force so that the law for every augmentation need only define the number to be raised and the duration of service and the mode of raising.
An eye has been had to this in the draught of the first Bill and of the two additional clauses now sent for the same Bill has the same view. This will be more deliberately & correctly attended to in the plan of a Bill which I shall begin to work upon from this time but which cannot be ready for a considerable time. A Bill for the Hospital establishment will follow in two or three days.
Yrs. truly

A H

PS. The considerable mutilation of the nominations proposed by the Commander in Chief as it appears in the result naturally excites curiosity. It ought to be presumed, and yet the mind involuntarily disputes the presumption, that there are good reasons for it and that the service will be finally benefitted. But I confess it would be a relief to me to know a little in detail what has influenced the departure—how the unfitness of those who have been declined has appeared and what means are in train to do better. Pray be particular and confidential. You will not consider any letter of mine beginning with “Dear Sir” as Official.


Title: To Alexander Hamilton from William Duer, 17 January 1799
From: Duer, William
To: Hamilton, Alexander

[New York, January 17, 1799. The summary of this letter reads: “On Duer’s wretched condition.” Letter not found.]


Title: To Alexander Hamilton from Charles Cotesworth Pinckney, 17 January 1799
From: Pinckney, Charles Cotesworth
To: Hamilton, Alexander

[January 17, 1799. On March 7, 1799, Hamilton wrote to Pinckney: “I duly received… Your letter of the 17th of January.” Letter not found.]


Title: To Alexander Hamilton from William Heth, 18 January 1799
From: Heth, William
To: Hamilton, Alexander

Petersburg [Virginia] 18th. Jany 1799
Dear Sir

When I wrote you a long letter the other day, I as little expected to intrude upon you again so soon, as that, our domestic tranquility would so soon, be seriously threatened.
Leave has been given within a few days past, in our Legislature, to bring in a bill, authorising persons taken up under the sedition Law,to be removed to State Courts, or to be released, should our Judges see cause. At least—this I understand to be the object of the bill. Judge Iredell, who will hand you this, will be able to inform you more particularly, as he will receive full information, on passing thro’ Richmond. As certainly, as such a bill shall be brought in, as certainly will it pass: And the next moment, some of those of the opposition, who are panting to become Martyrs in the holy cause, will throw themselves in the way of the Marshal, or of some officer of the government whom they may suppose bound by oath & duty, to notice seditions, or treasonable expressions. And thus, the signal of Civil War will be given. I hope the Marshal may prove himself to be a Man of firmness & intrepidity.
Early in the present session, I understand, a resolution passed, to suspend the building of our Penitentiary House, & to apply a large Sum in the Treasury appropriated therefor, to the purchase of Arms.
Under this alarming, & distressing prospect of public affairs, it is proper, that every Man Should be known: and persuaded that I shall be among the first in this quarter, whom the desperate faction will aim at, in case of open convulsion, I would wish to be among the first to be calld upon, to support the standard of the U. States. Presuming therefore, that Genl. Lee will be immediately ordered to hold himself in readiness, to head part of the provisional army—I should be glad, if propriety should not forbid it—to be also held in requisition, in any way; but, if such rank, as the Commander in chief & yourself, may think I merit, could be obtained for one of his aids de Camp, and he could now, without any scruple or reluctance, appoint me to that station, my utmost wishes would be gratified, to serve with Lee in case of necessity, til otherwise calld upon. I would pledge myself not to draw pay, or other emoluments, except when in actual service. I have now written, My Dear sir, in the utmost confidence to you. If the Ideas which I have now suggested, are improper, I shall rely upon their going no further.
Burn this—and believe me to be as always Yrs sincerely & Affectionately

W Heth

The activity & zeal which I have late manifested in honor of my friend Pinkney, as well as similar conduct last summer on Marshals arrival—has occasiond me to be markd by the Democrats. In order to stimulate the Citizens of this Town to the measures in honor of Pinkney the other day, I rode down from Richmond the Morning the General left it to this place in 2 hours & 53 Minutes—25 Miles—a proof that I dont yet feel old age.


Title: To Alexander Hamilton from Susan Kean, 18 January 1799
From: Kean, Susan
To: Hamilton, Alexander

[Elizabethtown, New Jersey, January 18, 1799. On January 23, 1799, Hamilton wrote to Susan Kean and referred to her “letter of the 18th instant.” Letter not found.]


Title: To Alexander Hamilton from Rufus King, [19 January 1799]
From: King, Rufus
To: Hamilton, Alexander

[London, January 19, 1799. Letter not found.]


Title: To Alexander Hamilton from James McHenry, 21 January 1799
From: McHenry, James
To: Hamilton, Alexander

War Department, January 21, 1799. Encloses the “Proceedings of two Military Courts, held on Governeurs Island, one a General Court Martial on the 5th of September, the other a Garrison Court Martial on the 25. of the same month” and discusses “certain irregularities … of the said Proceedings.” Asks “Two Questions affecting the Legality of the General Court Martial.… 1st Can the Commandant of a Port or Garrison, where, there are a sufficient number of officers, to form a General Court Martial, as such, order a General Court Martial? 2d Do, or do not, the Rules, and Articles of War, make the Judge Advocate, his Deputy, or some Person properly appointed, to act as Judge Advocate or Recorder, essential to a Court Martial; and as the Proceedings of the aforesaid Court, exhibit no Person, to have acted as Judge Advocate, was the Court properly constituted, and are the proceedings duly authenticated, by the signature of the President of the Court only?”


Title: To Alexander Hamilton from James McHenry, 21 January 1799
From: McHenry, James
To: Hamilton, Alexander

War Department 21 Jany. 1799
Dear Sir.

The Inclosed Schedule shews 1st Certain names contained in the list made out by the Generals, not sent to the Senate. 2d The names of those postponed by the Senate & 3d One name negatived by the Senate.
I have not had an opportunity of learning from the Senators their reasons for putting a negative on the nomination of Nathaniel White.
Bradbury Cilly declined. Caleb Gibb’s was seriously objected to by Mr Goodhue, Mr Otis, Mr Sewell Mr Dwt. Foster & Mr Isaac Parker. 1 As deficient in capacity for command of a Regiment. 2 As being of Boston, from which town or its vicinity it was inexpedient to take both Commandants. 3 Because there were men who would accept, in other parts of the State, better qualified to command a Regiment, more respectable in Society, and whose influence would be more extensively felt in the recruiting service and upon the community.
John Hobby Marshal of Maine. Represented by the Secretary of the Treasury suspected of misconduct in Office—that an investigation of the subject is in train—and that he has either neglected to collect judgements on revenue bonds, or ha⟨s⟩ collected & detained or misapplied public mon⟨ies. ⟩
John Chipman would not accep⟨t⟩ of a majority nor James Sawyer of a Captaincy. They are said to be well qualified for higher grades.
George Woodward Wm. Switzer & Marmaduke Wait would not serve in the rank respectively assigned them.
Richard Motley would not accept an Ensigncy.
The observation of some on the Massachusetts arrangement is: that too great a number are selected from Boston, and that the residue are not well proportioned to different parts of the State—That most of the officers arranged for the district of Maine are from Mr Parkers part of the Country which it is said does not contain one fifth of the population.
Hermanus P Schuyler was withdrawn upon his own letter.
John McDougal Laurence not sent in at the instance of his father.
Wm. B. Peters postponed by the Senate for further information.
George Taylor would not accept.
Thomas Swearingen Thos. Ralston Elisha P. Barrows & Edward Nichlas represented as antifederal.
Peter Jacquet represented as nobody.
Wm. S. Dallam opposed to the Government and of French principles.
D. C. Heath of Delaware. Saml. Davis not of sound principle.
Wm. K. Blue was an associate of Zacharia Coxe’s.
George Hite—anti-governmental and of French principles.
Thomas Opie dead. Gerrard Roberts postponed by the Senate for information.
I have just received your letter of the 19th respecting the rank of Lieutenant Brindley of Rhode Island.
This gentleman, on the original schedule, made out by the general officers, stands the 4th Lieutenant. Francis Gardner of New Hampshire the 1st Lieutenant and Robert Overing of Rhode Island the 2d. I have informed him, resting upon your representation, that he should take the place of Overing, who I understand is a young man without experience and of inferior pretensions, and if on inquiry he could with propriety be placed first it should be done, with which he was satisfied.
The list as it appears in the news papers settled nothing, and it was so expressed in a note at the bottom of the appointments, which I suppose you did not see. I intend to be guided by the relative rank, as established in the schedule unless cogent reasons, which the General Officers were unacquainted with, shall render deviations proper & necessary.
Yours sincerely

James McHenry
Majr. Gen. Alex Hamilton


Title: Enclosure: [List of Nominations for Senate Approval], [21 January 1799]
From: McHenry, James
To:

† Nathaniel White
Lt: Colonel
New Hampshire.

O Bradbury Cilley
Major
ditto.

O Caleb Gibbs
Lt. Colonel
Massachusetts.

O John Hobby
Major
ditto.

O John Chipman
ditto
Vermont.

O James Sawyer
Captain
ditto.

O George Woodward
Lieut:
ditto.

O William Switzer
ditto
ditto.

O Marmaduke Wait
Ensign
ditto.

O Richard Motley
ditto
Massachusetts

withdrawn.
  Hermanus p. Schuyler
Captain
New York.

O John Mc.Dugal Laurence
Lieut:
ditto.

P William B. peters
ditto
ditto.

O Clement Woods
ditto
New Jersey.

O George Taylor
Captain
Pennsylvania.

O Thomas Swearingen
ditto
ditto.

O James Ralston
ditto
ditto.

O Elisha p. Barrows
Lieut.
ditto.

O Edward Nicholas
ditto
ditto.

O Peter Jacquett
ditto
Delaware.

O William S. Dallum
Captain
Maryland.

O Daniel C. Heath
Lieut:
ditto.

O Samuel Davis
Ensign
ditto.

O William K. Blue
Captain
Virginia.

O George Hite
ditto
ditto.

Dead.
O Thomas Opie
Lieut:
ditto.

P Gerard Roberts
Ensign
ditto.

† negatived by the Senate.
O not sent in.
P postponed.


Title: From Alexander Hamilton to James McHenry, [21 January 1799]
From: Hamilton, Alexander
To: McHenry, James

[New York, January 21, 1799]
Dr. Sir

I send you the draft of a Bill for regulating the Medical Establishment (I avoid purposely the term department which I would reserve for the great branches of Administration). You will see that nothing but an organisation with a general outline of duty is provided for. Detail-regulations will properly come from the President and the Departments, and the less these are legislated upon, in such cases, the better. When fixed by law, they cannot be varied as experience advises.
This particular establishment, however, is one to the right fashioning of which I feel myself more than ordinarily incompetent.
You mention in one of your letters that by the law of the 16 of July the appropriation for the augmented army ceases at the end of the present session. This is one construction of that law. A different might perhaps be maintained. But be this as it may, you find by a subsequent act of the same date intitled “An Act making certain appropriations &c” that 900000 Dollars are there appropriated for the same object without any qualification—and I take it for granted that whatever money should have been issued from the Treasury for the use of the War Department, previous to the end of the session, upon the first of those acts might be expended afterwards by this department without any question about its regularity.
Yrs. truly

A Hamilton
New York Jany 21. 1799
James Mc.Henry Esq


Title: To Alexander Hamilton from James McHenry, 22 January 1799
From: McHenry, James
To: Hamilton, Alexander

War Department 22 Jany 1799
Dear Sir

I omitted to inclose to you yesterday the annexed schedule upon which my letter was a commentary.
The General in Chief has mentioned to me in explicit terms that it is a part of his plan to decline the occupations of the office unless, and until his presence in the field should be required for actual operations or other imperious circumstances should require his assistance. That persevering in this plan he cannot undertake to assume a direct agency incompatible therewith and that a half way acting might be more inconvenient than totally declining it. He then advises, in conformity with my opinion given to him in Philadelphia, a division of the military command between the existing general officers. I mention this that you may experience no embarrassment in giving me your ideas upon the distribution most proper to be adopted.

I have this moment received your note of the 21. and the sketch of the Hospital Bill, and am ever you affectionate friend

James McHenry

You will see Francis in New York who will inform you what progress he has made in preparing cloathing for the army &c.


Title: To Alexander Hamilton from James Gunn, [23 January 1799]
From: Gunn, James
To: Hamilton, Alexander

[Philadelphia, January 23, 1799]
Dr. General

In haste I inclose you, by the days mail, a printed Copy of the Military Bill Reported to the Senate. The Bill was handed me by McHenry, and he is engaged in drawing a Bill for Regulating the hospital department. Have the goodness to Return the Bill With Such amendments as you think proper to make. I do not see the utility of a full Col. to a Regiment. If your other engagements are not too pressing you will greatly oblige me by enclosing a plan for the provisional army. It is my opinion that every State ought to officer one regiment at least, and that the President be authorized to Commission all the officers Immediately. The policy of the thing will not be doubted. Our friends in the House of Representatives permit the enemy to gain time by long Speeches.
With very great Regard   I am   Dr. Sir   Your Obdt ser.

James Gunn
Philada. Jany. 23d. 1799.
General Hamilton.


Title: From Alexander Hamilton to James McHenry, 24 January 1799
From: Hamilton, Alexander
To: McHenry, James

New York January 24 1799
Dear Sir

You ask my opinion as to proper arrangements for the command of the Military Force, on the ground that the Commander in Chief declines at present an active part. This is a delicate subject for me—yet, in the shape in which it presents itself, I shall wave the scruples which are natural on the occasion.
If I rightly understood the Commander in Chief, his wish was that all the Military points and Military force every where should be put under the direction of the two Major Generals, who alone should be the organs of the Department of War. The objects of this plan are to disburthen the head of that department of infinite details which must unavoidably clog his general arrangements, and to establish a vigilant military superintendence over all the military points. There is no difficulty in this plan except as to the Western army. It will be a very natural disposition to give to the Inspector General the command of all the troops and posts North of Maryland and to General Pinckney the command of all the Troops and posts South of the district assigned to the Inspector General. How will this plan, as to the Western Army answer? Let all the troops upon the Lakes, including those on the Miami which communicates with Lake Erie, be united under the command of one Officer to be stationed at . Let all the troops in Tennessee be united under the command of one Officer to be stationed at . Let them consider themselves as under the orders of the General who commands the Western army—and let the whole be placed under the superintendence of the Inspector General. The Officers commanding on the Lakes and in Tennessee to be permitted to correspond immediately with the Inspector General and receive orders from him. All the communication as well of these Officers as of the General of the Western army to be sent open under cover to the Secretary at War—who in urgent cases if the Inspector General be not on the spot will himself give orders which he will communicate for his future government to the Inspector General—and in cases not urgent will leave matters to the Agency of the Inspector General according to the instructions which he shall receive from the Department of War.
It is easy to perceive that there are objections to this plan. I am not sure that it ought to be adopted. The pour and the contre will readily occur to you—and you will take or reject as shall appear to you proper; assured always that personally I shall be content with any arrangement you may think adviseable
Affecty & truly   yrs.

A Hamilton
The Secy at War


Title: To Alexander Hamilton from John F. Hamtramck, 25 January 1799
From: Hamtramck, John F.
To: Hamilton, Alexander

Fort Wayne [Territory Northwest of the River Ohio] January 25, 1799. “It Gives me a singular pleasure to have an opportunity of Congratulating you on the choice that the President and Senate have made in the appointment of the Inspector General of the Army. America will see once more those Military talents which formerly were confined in their execution to too small a Compass; now Diffuse themselves into every Department of the Profession, and Display themselves on a much larger scale —and the Pupil under your tuition will rejoice in having an opportunity of making himself perfect in the Art of War. I hope my Dear General that you will not give a wrong interpretation to my pen it is not flattery, it is the real sentiments I have always entertained of your abilities since I had the honor of serving under your immediate Command, and on the occasions I have proclaimed them to the Western Army. Long and long have I wished to introduce those principles you taught me, and much do I wish to see Duty done à la Hamilton. it is but a few Days ago since I returned from the army on the Mississippi: General Wilkinson having been an eye witness to the Decline of my Health, has permitted me to Return to this place, and has Recommended to the secretary of war to Give me the General Command of the Post on the lakes what will be done about it I know not. But it is absolutely necessary for the good of Service that Such a Commission Should exist with Some person.…”


Title: From Alexander Hamilton to Theodore Sedgwick, 25 January 1799
From: Hamilton, Alexander
To: Sedgwick, Theodore

New York Jany 25 1799
My Dear Sir

The cold which I had when you were here increased after you left me & has a great part of the time confined me to bed. This is the chief cause that you have not heard from me in reply to your letter. I have perused the answer in Chancery & incline at present to the Opinion that we can at the ensuing term obtain a dissolution of the Injunction. I will shortly reperuse it & if I change my mind I will immediately inform you. If not I will make the application for the dissolution.
Yrs. truly

A H

Circumstances intervened which made me dispair of ⟨e⟩ffecting what I intimated.
Yrs.

A H
⟨Theodore Sedgwick⟩ Esq


Title: From Alexander Hamilton to John Jay, [26–30 January 1799]
From: Hamilton, Alexander
To: Jay, John

[New York, January 26–30, 1799]
Dr. Sir

I have received your Letter of the 25th. Various circumstances have prevented my being ready to make the Report you desire. The Survey of the Port made while I was at Philadelphia was but partial; not extending beyond the Narrows. A survey of the lower part of the Bay, which presents some objects worthy of Consideration, was effected by some of the Commanders of the British Army—And is in the hands of a Mr. Hill, who holds it up at a higher price than I was willing to give. But what is of more importance, I have not yet been able to obtain the engineering assistance which I deem essential. On the whole Sir I must observe that this is a business of great intrinsic Difficulty requiring much more investigation and thought than there has yet been opportunity for, or than can be bestowed in time for offering any Specific plan to the Legislature.


Title: From Alexander Hamilton to Harrison Gray Otis, 26 January 1799
From: Hamilton, Alexander
To: Otis, Harrison Gray

New York January 26th 1799
Dear Sir

You will recollect that I reserved for a future answer part of a letter which I had the pleasure of receiving from you some time since. These are my ideas on that Subject.
I should be glad to see, before the close of the Session, a law impowering the President, at his discretion, in case a negotiation between the United States and France should not be on foot by the first of August next, or being on foot should terminate without an adjustment of differences, to declare that a state of war exists between the two Countries, and thereupon to employ the Land and Naval forces of the United States in such manner as shall appear to him most effectual for annoying the Enemy and for preventing and frustrating hostile designs of France, either directly or indirectly through any of her Allies.
This course of proceeding, by postponing the event, and giving time for the intervention of negotiation, would be a further proof of moderation in the Government and would tend to reconcile our Citizens to the last extremity, if it shall ensue; gradually accustoming their minds to look forward to it.
If France be really desirious of accommodation, this plan will accelerate her measures to bring it about. If she have not that desire, it is best to anticipate her final vengeance, and to throw whatever weight we have into the Scale opposed to her. This conduct may contribute to disable her to do the mischief, which she may meditate.
As it is every moment possible, that the project of taking possession of the Floridas and Louisiana, long since attributed to France, may be attempted to be put in execution, it is very important that the Executive should be cloathed with power to meet and defeat so dangerous an enterprise. Indeed if it is the policy of France to leave us in a state of semi-hostility ’tis preferable to terminate it; and by taking possession of those countries for ourselves, to obviate the mischief of their falling into the hands of an Active foreign power, and at the same time to secure to the United States the advantage of keeping the key of the Western Country. I have been long in the habit of considering the acquisition of those countries as essential to the permanency of the Union, which I consider as very important to the welfare of the whole.
If universal empire is still to be the pursuit of France, what can tend to defeat the purpose better than to detach South America from Spain which is only the Channel, though which the riches of Mexico and Peru are conveyed to France? The Executive ought to be put in a situation to embrace favorable conjunctures for effecting that separation. Tis to be regretted that the preparation of an adequate Military force does not advance more rapidly. There is some sad nonsense on this Subject in some good heads. The reveries of some of the friends of the Government are more injurious to it than the attacks of its declared enemies. When will men learn to profit by experience?
Yrs with great esteem and regard

A Hamilton
Mr Otis


Title: To Alexander Hamilton from Rufus King, [27 January 1799]
From: King, Rufus
To: Hamilton, Alexander

[London, January 27, 1799. Letter not found.]


Title: From Alexander Hamilton to Stephen Van Rensselaer, 27 January 1799
From: Hamilton, Alexander
To: Van Rensselaer, Stephen

New York Jany 27. 1799
Dear Sir

I ought to beg your pardon for not having before answered your letters of the 12th. of Novemr and 11th instant. You know the multitude of my engagements. Added to them, my health for a considerable time past has been very indifferent. Be indulgent.
I left a memorandum with the Secy at War respecting Mr. Tisdale.
As to an Insolvent law, these are my ideas. There is a serious doubt whether any such law, passed by a Legislature subsequent to the adoption of the Constitution of the UStates, will not be an infringement of that article, which forbids a state to pass “any law impairing the obligation of Contracts.” I think it the better opinion that it will. What way so effectual to impair the obligation of a Contract as to defeat the means which the established laws allow for its enforcement? In the eye of a human forum, the essence of the obligation of a Contract consists in the sanctions by which it is carried into execution; by which, as between Debtor & Creditor, the former can obtain a satisfaction, whether by exertion of the person or property of the Debtor.
This difficulty out of the Way I should feel no great objection to a law like the following—
Providing that after a Debtor shall have been imprisonned by his Creditor upon execution for a term of five years, it shall be in the discretion of Commissioners to examine into the circumstances of the case, and to liberate the Debtor from imprisonment, upon the condition however of a surrender of all the property he has & leaving all he may acquire afterwards to be subject to the demands of his Creditors—in order to which the Debtor to account every five years on oath before the Commissioners for whatever surplus he may have acquired, they to direct what dividend shall be made among the Creditors and to permit him to retain from time to time so much as they may think expedient for carrying on whatever business he may be engaged in having regard to the interest of his Creditors. His Liberty also so long as he shall be called to account to be exempt from execution, the same as before his Insolvency.
The Commissioners to be selected and designated by the Council of Appointment with competent allowances. These may arise from fees.
As to the pretended decision of the Commissioners on the 6th article of the British Treaty all I can say is, that it must be from the nature of things, matter of conjecture not of knowlege how far any principle they may have adopted will go in swelling the sum to be paid—that I have not heared of any decision likely to occasion it to amount to any thing near the sum which you state—that if the Commissioners by misconstruction exceed their authority, the UStates may & will dispute the validity of their decisions & probably by negotiation will rectify them.
It is true indeed that the Commissoners have shewn some disposition to stretch points—but any thing improper will be steadily resisted and it may be hoped with success. All this however is tender ground and must be trodden upon with caution. Eliza joins in love to Mrs. Rensselaer. Adieu.
I remain   Yr sincere & ob ser

Alex Hamilton
Lt G Rensselaer


Title: To Alexander Hamilton from Samuel Lewis, Senior, 28 January 1799
From: Lewis, Samuel, Sr.
To: Hamilton, Alexander

War Department, January 28, 1799. Encloses a “Draft for four hundred and ninety six dollars and seventy Cents, on the Branch Bank at New York—the balance (forty dollars) I have paid into the hands of the Secy of War—the whole amounting to five hundred and thirty six dollars and seventy Cents, agreeably to a Warrant issued from the War Department on account of your Pay Subsistence and Forage for November and December 1798.…”


Title: To Alexander Hamilton from James McHenry, 29 January 1799
From: McHenry, James
To: Hamilton, Alexander

War Department, January 29, 1799. “Until your instructions can be made out defining the extent of your Command you will be pleased to require the proper reports to be made to you by the Garrisons at New York and West point and to exercise such superintendance over the same as may consert with military rules and usage and to make from time to time the necessary communications to this department.…”


Title: From Alexander Hamilton to Samuel Lewis, Senior, 31 January 1799
From: Hamilton, Alexander
To: Lewis, Samuel, Sr.

[New York, January 31, 1799. On the back of the letter Hamilton received from Lewis, dated January 28, 1799, Hamilton wrote: “Jany 31 Answered & Rect. sent.” Letter and receipt not found.]


Title: Introductory Note: From Philip Schuyler, [31 January 1799]
From:
To:

[Albany, January 31, 1799]
The opening paragraph of the letter printed below contains the first reference in Hamilton’s extant correspondence to a series of events that led to the chartering of the Manhattan Company. This company, which eventually was to supply New York City with an inadequate water system and a major bank, owed its creation primarily to the ingenuity of Aaron Burr, who at the time the charter was granted was a member of the New York Assembly. Although it is—and was—generally believed that Burr wished to create a bank that would be responsive and favorable to the Republican interests in the city, it is highly unlikely that he would have succeeded in obtaining a charter for the company without the support of Hamilton. Nor was this all, for Burr was assisted by other prominent Federalists, and one of the company’s original directors was John B. Church, Hamilton’s close friend and associate and his wife’s brother-in-law.

In 1799 politicians assumed that banks, like most other institutions, were dominated by one or the other of the major parties, and New York’s Republicans charged that the city’s two banks—the Bank of New York and the local branch of the Bank of the United States—discriminated against Republicans and used their influence to secure the election of Federalist candidates. At the same time it was generally recognized that steps should be taken to improve the city’s water supply. It remained for Burr to perceive a connection between these two apparently unrelated situations by developing a plan to establish a bank with a charter that created a company ostensibly for furnishing the city with water.
In February, 1796, the New York City Common Council appointed a special committee “on the subject of supplying this City with fresh Water.” Although the committee received numerous proposals from various individuals during the next three years, it took no effective action until the yellow fever epidemic of 1798 convinced New Yorkers that the spread of the disease could be attributed in part to the impurity of the city’s drinking water. Among those presenting plans to the Common Council for an improved water supply was Dr. Joseph Browne, Burr’s brother-in-law. In December, 1796, and again in July, 1798, Browne proposed to the Council that it should urge the state legislature to charter a private company to supply the city with water from the Bronx River. On December 17, 1798, the Council approved the “Plan suggested by Doctor Joseph Brown for conveying the Waters of … [the Bronx] River … with some few variations.…” At the same time it rejected Browne’s plan for a private company, for it ordered that a bill be prepared and submitted to the legislature authorizing the city to establish and operate a municipal system.
Any bill providing for a public water system posed an obvious threat to Burr’s plan to use a law chartering a private water company as a device for the establishment of a new bank. But Burr proved more than equal to the situation. After February 16, 1799, when the Assembly “Ordered, That Mr. Burr have leave of absence for ten days,” he left Albany for New York, where he formed a committee of six, of which both he and Hamilton were members and which consisted of three Federalists and three Republicans. According to the minutes of the Common Council for February 25, 1799, “The Mayor informed the Board That on Friday last Mr Burr one of the Members from this City in the Assembly of the State together with John Murray Esqr as the President of the Chamber of Commerce, Gulian Verplanck Esqr as the President of the Office of Discount and Deposit of the Bank of the United States in this City, Peter H. Wendover as the President of the Mechanic Society together with Major General Hamilton and John Broome Esqr, according to an Appointment by Mr Burr, called on him and stated to him in the Presence of the Recorder, who was also requested to attend for the purpose, that great difficulties had arisen in the minds of the Members of the Legislature touching the Powers requested to be vested in this Board, by the Bill for supplying this City with Water and the Bill for investing this Board with adequate Powers in relation to certain objects of importance to the Health of the City: that it was Problematical whether those Bills would pass in the form Proposed and He therefore submitted the Propriety of this Board requesting the Legislature that if those Bills respectively should not be deemed Proper in the form proposed by the Board, the Legislature should make such Provisions on the several Subjects thereof as to them should appear most eligible.
“That after some Conversation with Mr Burr and the other Gentlemen accompanying him the Recorder and himself requested that their Propositions might be stated in Writing to be communicated to the Board as on this day. And Mr Recorder now laid before the Board a Paper without Signature which he stated to the Board he had received from Major General Hamilton as the Propositions for their consideration this day, which being read
“Resolved, That before the Board proceed upon the said Propositions they ought to be sanctioned by the Signature of the parties recommending the same; And that the Nature and Circumstances of the Difficulties which have attended the several applications made on the behalf of this Board to the Legislature should also be stated.
“Resolved further that the above Resolution be communicated to Mr Burr and Major General Hamilton without delay; And as the objects above alluded to are of great importance to the welfare of the City, the Mayor be requested to call a special Meeting of this Board as soon as he shall receive the Proper communications in consequence of the above Resolution.”
In compliance with the request for a signed statement from the committee, Hamilton wrote to Mayor Richard Varick on February 26 and enclosed a memorandum containing the arguments for a private company. On February 28 the Council resolved that “… they will be perfectly satisfied if the objects in View are pursued in any Way that the Legislature may think proper by which their fellow Citizens may be benefitted in the most easy, safe and effectual method, and the Charter rights of the City remain inviolate.” But Hamilton was still not finished, for he then prepared a “memorial” to the legislature calling for a “Company … with a Capital not exceeding one Million of Dollars to be formed by voluntary subscriptions of fifty dollars to a share.…”
“An act for supplying the city of New-York with pure and wholesome water,” which was passed by the Assembly on March 28, 1799, and by the Senate on March 30, became law on April 2. The provision which enabled the Manhattan Company to establish a bank was inserted toward the end of the measure and reads in its entirety: “And be it further enacted, That it shall and may be lawful for the said company to employ all such surplus capital as may belong or accrue to the said company in the purchase of public or other stock, or in any other monied transactions or operations not inconsistent with the constitution and laws of this state or of the United States, for the sole benefit of the said company.” In 1799 the Manhattan Company established both a water system and a bank. The water system was inadequate from the outset and stopped operations in 1840. The bank survived, prospered, and exists today as the Chase Manhattan Bank.
Hamilton lived to regret the part that he had played in the chartering of the Manhattan Company. In the course of a letter to James A. Bayard on January 16, 1801, stating his opposition to Burr as President, Hamilton wrote: “I have been present when he has contended against Banking Systems with earnestness …” and then added: “Yet he has lately by a trick established a Bank, a perfect monster in its principle; but a very convenient instrument of profit & influence.”


Title: To Alexander Hamilton from Philip Schuyler, [31 January 1799]
From: Schuyler, Philip
To: Hamilton, Alexander

Albany Jany. 31st 1799
My Dear Sir
This will be delivered to you by Mr Weston, who has been requested by the Corporation of your city to a conference on the Subject of supplying the city with water. Permit me to entreat your Attention to him.
Mrs. Church writes me that you Suffer from want of exercise, that this and unremitted Attention to business injures your health. I believe It is difficult for an Active mind to moderate an application to business but My Dear Sir you must make some sacrifice to that health which is so precious to all who are dear to you, and to that country which revers and Esteems you. Let me then entreat you to use more bodily exercise, and less of that of the mind.

By a Mistake of mine my Nephew Ph: Schuyler’s name is not Corre[c]t. It should have been Philip Cortland Schuyler instead of Philip Stephen Schuyler, there being another of the latter name. My Nephew has written on this Subject to the Secretary at War. Will you be so good as to interpose on the Occasion.
All here are well and Unite in love to you My Eliza & the Children.
I am My dear Sir   Ever most Affectlly Yours

Ph: Schuyler
Hone M: Genl Hamilton


Title: To Alexander Hamilton from Daniel C. Brent, 2 February 1799
From: Brent, Daniel C.
To: Hamilton, Alexander

City of Washington, February 2, 1799. “The following is nearly a correct copy of a letter which I wrote to you on the 16th of July 1798.…”


Title: To Alexander Hamilton from John F. Hamtramck, 2 February 1799
From: Hamtramck, John F.
To: Hamilton, Alexander

Fort Wayne [Territory Northwest of the River Ohio] February 2, 1799. “It will no Doubt be Surprising to you to See an officer of my Rank, and of twenty one years service—make an application so incompatible with the profession of arms; But Sir the Military Establishment of the united States is So unsettled and so changeable, that a promotion frequently proves more injurious than advantageous to a man who Makes the art of war his profession. To be promoted for a few Days, and be discharged would be a fatal Stroke to me.… let me entreat you to guard against an appointment which might be the means of throwing me out of Service; that is if it Can be done with honor to my Self.…”


Title: From Alexander Hamilton to Theodore Sedgwick, 2 February 1799
From: Hamilton, Alexander
To: Sedgwick, Theodore

New York Feby 2. 1799

What, My Dear Sir, are you going to do with Virginia? This is a very serious business, which will call for all the wisdom and firmness of the Government. The following are the ideas which occur to me on the occasion.
The first thing in all great operations of such a Government as ours is to secure the opinion of the people. To this end, the proceedings of Virginia and Kentucke with the two laws complained of should be referred to a special Committee. That Committee should make a report exhibiting with great luminousness and particularity the reasons which support the constitutionality and expediency of those laws—the tendency of the doctrines advanced by Virginia and Kentucke to destroy the Constitution of the UStates—and, with calm dignity united with pathos, the full evidence which they afford of a regular conspiracy to overturn the government. And the Report should likewise dwell upon the inevitable effect and probably the intention of these proceedings to encourage a hostile foreign power to decline accommodation and proceed in hostility. The Government must ⟨no⟩t merely ⟨de⟩fend itself ⟨bu⟩t must attack and arraign its enemies. But in all this, there should be great care to distinguish the people of Virginia from the legislature and even the greater part of those who may have concurred in the legislature from the Chiefs; manifesting indeed a strong confidence in the good sense and patriotism of the people, that they will not be the dupes of an insidious plan to disunite the people of America to break down their constitution & expose them to the enterprises of a foreign power.
This Report should conclude with a declaration that there is no cause for a Repeal of the laws. If however on examination any modifications consistent with the general design of the laws, but instituting better guards, can be devised it may [be] well to propose them as a bridge for those who may incline to retreat over. Concessions of this kind adroitly made have a good rather than a bad effect. On a recent though hasty revision of the Alien law it seems to me deficient in precautions against abuse and for the security of Citizens. This should not be.
No pains or expence should be spared to desseminate this Report. A little pamphlet containing it should find its way into every house in Virginia.
This should be left to work and nothing to court a shock should be adopted.
In the mean time the measures for raising the Military force should proceed with activity. Tis much to be lamented that so much delay has attended the execution of this measure. In times like the present not a moment ought to have been lost to secure the Government so powerful an auxiliary. Whenever the experiment shall be made to subdue a refractory & powerful state by Militia, the event will shame the advocates of their sufficiency. In the expedition against the Western Insurgents I trembled every moment lest a great part of the Militia should take it into their heads to return home rather than go forward.
When a clever force has been collected let them be drawn towards Virginia for which there is an obvious pretext—& then let measures be taken to act upon the laws & put Virginia to the Test of resistance.
This plan will give time for the fervour of the moment to subside, for reason to resume the reins, and by dividing its enemies will enable the Government to triumph with ease.
As an auxiliary measure, it is very desireable that the Provisional Army Bill should pass & that the Executive should proceed to the appointment of the Officers. The tendency of this needs no comment.
Yrs. affecy

A Hamilton
T. Sedgwick Es


Title: To Alexander Hamilton from Benjamin Walker, 3 February 1799
From: Walker, Benjamin
To: Hamilton, Alexander

Utica [New York] February 3, 1799. States: “Judge Cooper has written me that you are about setling the matter respecting his claim on the black river Land and he wishes me to give you my ideas on the business.…” Gives his version of this land dispute which involved Walker, Cooper, and others.


Title: From Alexander Hamilton to Rufus King, 6 February 1799
From: Hamilton, Alexander
To: King, Rufus

New York Feby 6. 1799
Dr. Sir

This will be delivered to you by Mr. Isambard Brunell French by birth, but Anti-Jacobin by principle, and by necessity an Inventor of Ingenious Machines. He goes to England to endeavour to obtain a patent for one, which he has contrived for the purpose of copying. He has a passport from Mr. Liston and I believe our Secretary of State. This letter is to ask for him such patronage as in your situation and in his may be proper.
You will have seen the Kentucke & Virginia resolutions. If well managed this affair will turn to good account. In my apprehension it is only disagreeable not formidable. The general progress of things continues in a right direction.
Yrs. truly & Affecly

A Hamilton
R King Esq


Title: From Alexander Hamilton to James McHenry, 6 February 1799
From: Hamilton, Alexander
To: McHenry, James

New York, February 6, 1799. “… I perceive that it will be useful for me in the progress of the trusts, which I am and shall be charged to execute, to have an accurate statement of the Officers of the corps of Artillerists and Engineers, and the distribution of them which has been heretofore made among the different portions of this Corps.…”


Title: From Alexander Hamilton to James McHenry, 6 February 1799
From: Hamilton, Alexander
To: McHenry, James

New York Feby. 6. 1799
Dr. Sir

In one of your letters you desire me to think of the Distribution of the States into recruiting districts. I have accordingly turned my attention to the subject. But the result is that it will be best to assign to each Regiment its district and to charge its commanding Officer with the arrangement into subdivisions. If you approve this idea you had better write me an official letter, briefly telling me that the Recruiting service is to be put under my direction & desiring me to make a preliminary arrangement for the distribution of the States into Recruiting Districts and rendezvouses; upon which I will send the proper instructions to the several Commanders of Regiments.

I have not yet observed that the places of the Officers omitted in the arrangement reported by the General Officers has been supplied. I hope the Recruiting service will begin with complete not with mutilated or defective corps.
I regretted that Gibbs was not appointed. There is good reason to believe that he would command a Regiment well, probably better than the person whom the Objectors to him would approve. Their rule of judging of military qualification is most likely no very accurate one.
I regret also that the objection against Antifœderalism has been carried so far as to exclude several of the characters proposed by us. We were very attentive to the importance of appointing friends of the Governt. to Military stations—but we thought it well to relax the rule in favour of particular merit in a few instances and especially in reference to the inferior grades. It does not seem adviseable to exclude all hope & to give to appointments too absolute a party feature. Military situations, on young minds particularly, are of all others best calculated to inspire a zeal for the service and the cause in which the Incumbants are employed. When the President thinks of his son in law he should be moderate in this respect.
The inclosed letter from Col Fairlie relates to the second son of our late Chief Justice. His father you know was Antifœderal. This young man has as yet no fixed political creed. They tell me there is nothing personally to his disadvantage. I am clear therefore that it will be expedient to give him an appointment.
Adieu My Dr friend   Yrs. truly

A H
J McHenry Esq


Title: To Alexander Hamilton from Benjamin Stoddert, 6 February 1799
From: Stoddert, Benjamin
To: Hamilton, Alexander

Navy Depart. 6 Feby 1799
Sir

I have the honor to enclose a paper containing the circumstances, & all the circumstances, connected in the relative rank of Captains Truxton, Talbot & Dale.
It appears to me, that Talbot & Dale, cannot now be placed above Truxton, but by dismissing the latter from the Service.
Dale who has permission to make an East India Voyage, is reconciled to what He conceives unavoidable, to rank after Truxton. Entertaining a very high opinion of Talbot—I am anxious that he should also acquiesce. From conversation with him, I Judge it is in your power alone, to satisfy him.
The error was in not selecting the three Senior Captains, for the Three Frigates continued in Service. The President, I conceive had no power to continue more Captains, than Frigates.
If Talbot will continue, only Barry Nicholson & Truxton, will be above him. Nicholson cannot be long in his way. Barry is old & infirm, & not satisfied that he is not made an admiral. It is more than probable, Truxton & Talbot may not be on the same service.
I wrote you some Days ago respecting Mr. Hy Seaton. I ought to have waited long enough for an answer—but his appointment was so much pressed—He was so well recommended—I was so well satisfied, a Story which I had heard, was without foundation—and a Lieut. being instantly wanted—He is appointed. I wish he may turn out well. I am anxious too, that Daubeny should continue to deserve your good opinion. They are both ordered on immediate Service.

I have the honor to be with great respect & esteem Sir Yr most obed Servt

Ben Stoddert


Title: To Alexander Hamilton from Theodore Sedgwick, 7 February 1799
From: Sedgwick, Theodore
To: Hamilton, Alexander

Philadelphia 7th. Feby. 1799

I had the pleasure, my dear sir, the day before yesterday to receive your favor of the 2nd.
With regard to the conduct of Virginia & Kentucky—The moment I came into town I applied to the apparent leaders in the house of Representatives, & stated to them my opinion of the measures which to me seemed expedient to be adopted—That it was necessary to preoccupy the ground—that, for this purpose it would be expedient to appoint an able committee, to refer the addresses on the subject, with an inten⟨tion⟩ of making a report, which should have all the properties of an address. I had two reasons for proposing this being done by the house—because we had before the senate no address on the subject and because, for obvious reasons, the conduct of the house would excite more attention and make a deeper impression. I spoke to no gentlem⟨an⟩ who did not explicitly concur with me in opinion but Nothing has been done, because, as I understand, the gentlemen cannot agree on the precise mode in which it is to be done. They still say, and I have this day had conversation with them on the subject, that the business will yet be done. Had it not been beleived that the house would have, before this time, executed this important object, it would have been, long since, in progress in the Senate. It is not yet, perhaps, too late, tho’ I regret as much as any one can the delay.
You have seen, I presume, the address of the minority of the house of Representatives of Virga to their constituents. It is said to have been drawn by Marshall. It is able, & elegant, and eloquent, but the eloquence is of a kind not to make a deep impression on the gross materials to which it is addressed. It shews that its authors beleive their situation critical & the danger iminent. It was, perhaps incompatible with the relation of the addressers, as a minority, to employ the instrument of denunciation, and yet, I am persuaded, no procedure of this kind can be effectual without it.
Under the present circumstances is it expedient that this subject should be undertaken by the Senate?
The delays in the military department are as unaccountable as they are injurious. Immediately after receiving your letter I called on the Secy. at war. He told me that the delay had originated principally from a disappointment in obtaining clothing—that the contracts had failed. I replied that if such was the case by an immediate employment of all the tailors in the great towns cloths might be procured faster than they would be wanted by the recruits—that this was the season to inlist—that it would soon be passed and that if this opportunity was neglected, no one could foresee the evil consequences which might result. It would give encouragement to those who had already erected the Standard of opposition; it would dishearten the friends of the government and render the government itself unpopular. He said that the business of inlistment would be put under your immediate direction—that the orders for that purpose were in forwardness and would that day be compleated and submited to the President for his approbation and that the next day they would be forwarded to you by the mail. Before this time, therefore, you have them, but if they are not impracticable I shall be agreeably disappointed. Is there no remedy for this evil? Will it be possible to get on in a state of war or insurrection?
I need not say that I write to you in the most perfect confidence. I last evening called to pay my respects to the President—he was alone, and, as I hoped, soon introduced the subject of our military. I gave him my view of the subject & some what at large. He replied nearly in the following words. “As to the Virginians, sir, it is weakness to apprehend any thing from them, but if you must have an army I will give it to you, but remember it will make the government more unpopular than all their other acts. They have submited with more patience than any people ever did to the burden of taxes which has been liberally laid on, but their patience will not last always.” This was the text on which he dilated extensively. I cannot say that I was astonished. Astonishment is a sentiment which he has, for some time, lost the power to excite. During the time that I was with him the bill before the Senate for the new organization of the army was mentioned. He asked me what additional authority it was proposed to give the commander in chief. I answered none—that all that was proposed was giving him a new title that of “General.” “What,” said he “are you going to appoint him general over the President?” “I have not been so blind but I have seen a combined effort, among those who call themselves the friends of government to annihilate the essential powers given by the president. This sir (raising his voice) “my understanding has perceived and my heart felt.” After an expression of supprise and a declaration of belief that he was mistaken, with all humility I prayed him to mention the facts from which he had made this inference. He answered that if I had not seen it, it was improper for him to go into the detail.
This shews that we are afflicted with an evil for which certainly no compleat remedy can be applied, but it might be paliated perhaps by bringing into the administration a man of talents ⟨and⟩ of that peculiar kind which gives an ascendency ⟨with⟩out its being perceived. This never was in any ⟨co⟩untry more important. Nor if the right character could be found is it an object unattainable. With all his good qualities, however, our friend C——n is not the man. In official details and execution he has, perhaps, no superior, but in the other and more essential characteristic to my mind he is wholly deficient. But can a vacancy be made? While I have been continuing writing amidst the chit-chat of senatorial debate the mail is closed. Will you permit me to close this without revision? I have written I know not what, but I hope it is inteligible. This I do know that I am yours sincerely

T. S.


Title: To Alexander Hamilton from James McHenry, 8 February 1799
From: McHenry, James
To: Hamilton, Alexander

Philad. 8 Febry 1799.
private & had better bedestroyed
Dear Hamilton

I have received your public letter of the 6 and another (private) dated also on the 6th. The latter this morning.
Your instructions are and have been some days with the President. The moment he is pleased to decide so as to enable me to proceed you shall have them. I spoke to him yesterday, on the subject: he had not considered them, and seemed to insinuate the affair need not be hurried. I urged the necessity which existed to put you in possession of my orders, as soon as possible, for that no preparatory arrangements could be made respecting the recruiting service till then, &c &c &c.
The list you suggest makes one of several references annexed to the instructions.
I have taken care in all my lists presented to the President for nominations, not to destroy hope, nor to exclude meritorious young men who had not acted like old unclaimable offenders.
⟨Gibbs⟩ I think would have made a good officer but it is a fact, that his character is very low in Boston, that he is looked upon as a triffler, and has no weight whatever in that quarter of the union.
I shall endeavour to fill up the vacancies in the New Regiments as soon as possible.
Yours sincerely

James McHenry


Title: To Alexander Hamilton from James McHenry, 8 February 1799
From: McHenry, James
To: Hamilton, Alexander

War Department, February 8, 1799. “I have the honor to inclose your instructions and shall send you the schedules and regulations referred to in them as soon as the same can be made out.”


Title: From Alexander Hamilton to Timothy Pickering, 9 February 1799
From: Hamilton, Alexander
To: Pickering, Timothy

New York Feby. 9, 1799
Dr. Sir

I am this moment favoured with your letter of the 9th instant. I shall immediately reflect on the most important point & tomorrow give you the result.
The provision in the law is ample. But in this My Dear Sir, as in every thing else we must unite caution with decision. The UStates must not be committed on the Independence of St Domingo—no guarantee no formal treaty—nothing that can rise up in Judgment. It will be enough to let Toussaint be assured verbally but explicitly that upon his declaration of independence a Commercial intercourse will be opened & continue while he maintains it & gives due protection to our vessels & property. I incline to think the Declaration of Independence ought to precede.
Yrs truly

AH


Title: From Alexander Hamilton to James McHenry, 11 February 1799
From: Hamilton, Alexander
To: McHenry, James

New York, February 11, 1799. “I have this moment received your letter of the 4th instant to the contents of which I shall pay particular attention.”


Title: From Alexander Hamilton to James Wilkinson, 12 February 1799
From: Hamilton, Alexander
To: Wilkinson, James

New York February 12. 1799
Sir

The interesting incidents, which have latterly occurred in our political situation, having rendered it expedient to enlarge the Sphere of our military arrangements, it has, in consequence become necessary to regulate the Superintendence of our military force, in its various and detached positions, in such a manner, as while it will serve to disburthen the Department of War of details incompatible with its more general and more important occupations, will likewise conduce to Uniformity and System in the different branches of the service.
The Commander in Chief, having for the present declined actual command, it has been determined in pursuance of the above views to place the military force every where under the Superintendence of Major General Pinckney and Myself. In the allotment for this purpose, my agency is extended to the garrisons on the Northern Lakes and to all the Troops in the North Western Territory including both banks of the Ohio, and upon the Mississippi; in short to all the Western Army except the parts which may be in the States of Tennessee and Kentuke. Of this you will have been informed by the Secretary at War.
From the relation, which is thus constituted between us, I allow myself to anticipate great mutual Satisfaction. Every disposition on my part will certainly facilitate it, and tend to promote the discharge of your trust in the manner best adapted to your honor and to the advancement of the Service.
It was the united opinion of the Commander in Chief, General Pinckney and myself, when lately convened at Philadelphia, that your speedy presence in this quarter was necessary towards a full discussion of the affairs of the Scene in which you have so long had the direction, in their various relations, and towards the formation, with the aid [of] your lights, of a more perfect plan for present and eventual arrangements. Much may be examined in a personal interview, which at so great a distance can not be effected by writing. The actual and probable Situation of our public affairs in reference to foreign powers renders this step indispensable. You will therefore be pleased, with all practicable expedition, to repair to Philadelphia; upon your arrival there giving me immediate advice of it. If this can be most conveniently accomplished by way of New Orleans, you are at liberty to take that route. On this point you are the best judge and will no doubt act with circumspection.
It must rest with you to dispose of the command of the troops at the different stations during your absence, and to give the proper instructions in conformity with those which have been received from the Secretary at War. On this head only one remark will be made. The confidence in your judgment has probably ⟨led to⟩ the reposing in you discretionary powers, too delicate to be intrusted to an Officer less tried; capable perhaps of being So used as to commit prematurely the peace of the United States. Discretions of this tendency ought not to be transferred, beyond what may be indispensable for defensive security. Care must be taken that the Nation be not embroiled, but in consequence of a deliberate policy in the Government.
Official Letters from you to me, as you have been apprised by the Secretary at War, are to be forwarded thro’ him. They must be open and under cover. The design of this is, that he may have an opportunity, in case of great urgency which could not conveniently wait for my direction, to interpose with the requisite measures. In your absence, it will be proper that the Officer or Officers, you may substitute in the command, should communicate with you; also transmitting their letters open under cover to the Secretary at War. This will preserve unbroken the chain of your command.
With great consideration and esteem   I am Sir   Your Obedt Servt.

Alex Hamilton
Brigadier General Wilkinson


Title: Circular to the Commanding Officers in Northern and Western United States, 15 February 1799
From: Hamilton, Alexander
To: Commanding Officers in Northern and Western United States

New York, February 15, 1799. “A Letter from the Sec of War places under my Superintendance the Posts and Troops under your immediate Command. All further Communications therefore respecting them, including Reports and Returns, are to be addressed to me, not as heretofore to the Sec. of War.…”


Title: To Alexander Hamilton from Samuel L. Mitchell, 15[–16] February 1799
From: Mitchell, Samuel L.
To: Hamilton, Alexander

New York Feby. 15. [–16] 1799
Sir

In estimating the requisites for a Course of Chemistry, regard should be had not merely to the Time employed by the Professor in giving his public Instruction to an audience, but also to the employment of Time in preparing, arranging and conducting experiments. Many of these require much Care and vigilance day after day to manage them properly & make them conduce to the desired end.
In forming an estimate of the good to be done in such a Course, it is not unworthy the attention of the Committee, to contemplate the Expence of Money. Chemical Experiments are attended with Cost, and some of them are consderable drawbacks upon the moderate Salary of a Professor. It can scarcely be expected, he will exhibit so many, or do them so well, when each of them is a draft upon his Pocket. It is desirable that a fund of fifty or sixty Dollars yearly should be provided for the purpose of procuring fuel & Materials for Experiments. Experiments are equally convincing to five hundred as to five Witnesses. It is economical then both in respect to Time and Money to collect all the Pupils, and oblige them to attend together. The annual Course of Chemistry now continues at the rate of five and sometimes six lessons a week from the beginning of November to the beginning of March. This must restrain the Season of Tuition on account of accomodating the Students of Physick. A Considerable Number of Persons who are not attached to the College at all, occasionally frequent these lectures, and can be best accomodated during the Winter. The undergraduate Class of the Students under the Faculty of Arts, might, I think, by an easy arrangement, be enabled to attend at the same hour with the rest.

There will be another advantage in thus collecting the whole Number at once. It will be thus known that the Science of Chemistry is fashionable. The applicants will keep each other in Countenance. There will exist a much more considerable Degree of Emulation.
Within the time mentioned, there can be delivered a Course which shall exhibit the great Principles of the Science, and their Application to a variety of Detail in Agriculture, Medicine, Economics, &c.
A Good Laboratory, and a fund for replacing spoiled or broken Apparatus, and for purchasing Specimens of Mineralogy, &c, are great Desiderata in the arrangement of the Chemical Department in the College. I am yours with great admiration and respect

Saml L Mitchell
Genl. Hamilton

P S. It may not be improper to add one or two more considerations to shew that the Professor of Chemistry is not unemployed, at the Times when he is not employed in lecturing; he is called upon from time to time to give Opinions on public questions of importance: he has, for instance been heretofore applied to by the President of the Chamber of Commerce for an Opinion concerning the Pot-ash of this Market, by the Committee of the Corporation for an opinion on the Qualities of the Brunx River Water, by various Classes of his fellow Citizens on the Nature & Extinguishment of Pestilence, &c, & hardly a week passes, without a specimen of natural minerological Productions being offered for a Judgement of its Composition. For these Services he receives no Compensation. And yet the Assay or Analysis frequently involves considerable Time & Expence. Many of these Things are among the most useful the Professor can perform, and in a liberal Establishment of the Professorship, numberless occurrences of these kinds should be estimated as a part of the Duties thereof, and provided for accordingly. For it may be relied on as a fact, if Utility is contemplated, the Professor’s extra-collegiate Services, are no less important, than those performed within the Walls.

Feb. 16. S. L. M.


Title: From Alexander Hamilton to George Washington, 15 February 1799
From: Hamilton, Alexander
To: Washington, George

New York February 15. 1799
Sir

The Secretary at War has communicated to me the following disposition with regard to the superintendence of our Military forces and Posts. All those in States South of Maryland in Tennessee and Kentucke are placed under the Direction of Major General Pinckney: those every where else under my direction—to which he has added the general care of the Recruiting service.
The commencement of the business of recruiting, however, is still postponed: for the reason, as assigned by the Secretary, that a supply of cloathing is not yet ready.
In conformity with your ideas, I have directed General Wilkinson to repair to the seat of government, in order to a more full examination of the affairs of the Western scene and to the concerting of ulterior arrangements.
On this, and on every other subject of our military concerns, I shall be happy to receive from time to time such suggestions and instructions as you may be pleased to communicate.

I shall regularly advise you of the progress of things and especially of every material occurrence. With perfect respect
I have the honor to be   Sir   Your very Obed Ser

A Hamilton
Lieutenant General Washington


Title: From Alexander Hamilton to George Washington, 16 February 1799
From: Hamilton, Alexander
To: Washington, George

Private
New York February 16. 1799
Dear Sir

Different reasons have conspired to prevent my writing to you since my return to New York—the multiplicity of my avocations, an imperfect state of health and the want of something material to communicate.
The official letter herewith transmitted will inform you of the disposition of our military affairs which has been recently adopted by the Department of War. There shall be no want of exertion on my part to promote the branches of the service confided to my care.
But I more and more discover cause to apprehend that obstacles of a very peculiar kind stand in the way of an efficient and successful management of our military concerns. These it would be unsafe at present to explain.
It may be useful that I should be able to write to you hereafter some confidential matters relating to our Administration without the mention of names. When this happens, I shall designate the President by X, the Secretary of State by V of the Treasury by I and of the Department of War by C.
Every thing in the Northern Quarter, as far as I can learn, continues favourable to the Government.

Very Affectly & truly I remain   My Dear Sir   Your Obed servt

A Hamilton
General Washington


Title: Circular on Recruiting Service, [18–19 February 1799]
From: Hamilton, Alexander
To:

Circular
[New York, February 18–19, 1799]
Sir

The recruiting service, as connected with the duties of Inspector General, has been committed by the Department of War to my superintendence. It is expected that it will shortly commence for the additional troops which are intended to be raised. [Two Regiments of Infantry are] assigned to Massachusettes. It is conceived to be expedient that for the purpose of recruiting them the state shall be divided into [four] districts, and these four into [twenty] sub districts or company rendezvousses within each of which a Company is to be raised.
You will be pleased, [taking to your aid such of the field officers heretofore appointed for the two regiments as you can convene without loss of time and consulting with General Brooks] whose opinion you will specially transmit to devise a plan for the distribution of the state into the necessary number of districts & sub districts and you will without delay report the result to me. Dispatch is essential; & I doubt not that upon this and upon every other occasion you will display zeal and activity.
With great consideration I am   Sir   Your obed servant

New York
A
“One Regiment of Infantry is”

B
Two

C
ten

Connecticut
A
“One Regiment of Infantry”

B
Two

C
ten

Maryland
same

Ne⟨w⟩ Hampshire
A
“Four Companies”

B
One

C
four

Rhode Island
A
Three Companies

B
One

C
three

Vermont
A
Three Companies

B
One

C
three

New Jersey
A
six companies

B
Two

C
six

Pensylvania
A
Thirteen Companies

B
Three

C
Thirteen

Virginia
A
four

B
four

C
Twenty

Massachusettes

N Carolina
A
Nine Companies

B
Two

C
Nine

D
consulting with Brigadier General Davy if it can be done without material delay,


Title: From Alexander Hamilton to Henry Lee, 18 February 1799
From: Hamilton, Alexander
To: Lee, Henry

New York February 18. 1799
Dear Sir

The inclosed letter to Colonel Parker will explain to you the plan upon which it is deemed expedient to pursue the recruiting service within the State of Virginia. It would be very pleasing to me, if you could yourself make it convenient to digest the arrangement which is referred to the Colonel. In this case, the letter need not be sent to him, unless you think his cooperation may be useful and it can be expeditiously had. For as it is expected the recruiting service will not speedily begin, it is desirable that this preliminary measure be completed without delay. Should you conclude for any reason to forward the letter to Col Parker, you may do it by express, the expence of which will be reimbursed.
With great esteem & regard   I am Dr. Sir   Your obed ser

Major General Lee


Title: From Alexander Hamilton to George Washington, 18 February 1799
From: Hamilton, Alexander
To: Washington, George

New York Feby. 18. 1799
My Dear Sir

Unwilling to take the liberty to ask you to give yourself any particular trouble on the subject I have written the enclosed letters. I beg you to dispose of them as you suppose will best answer the end in view—that is to obtain a speedy distribution of the State into Districts and sub-districts.
With the truest attachment   I have the honor to be My Dear Sir   Your obed servant

A Hamilton
Lt General Washington


Title: To Alexander Hamilton from Theodore Sedgwick, 19 February 1799
From: Sedgwick, Theodore
To: Hamilton, Alexander

Philadelphia 19th. Feby. 1799
My dear sir

The President yesterday, sent the Senate a nomination of Mr Murray to be appointed Minister plenipy. to the french republic, accompanied by a letter, from Talleyrand to the Secy. of the french legation at Amsterdam. By this letter it appears, that for some time, communications have been made to Mr. Murray, of the friendly dispositions of the french Govt. towards this Country, & it contains assurances that any minister from America will be received & treated with the respect due to the Representative of a great powerful & independent nation. I have neither time nor inclination to detail all the false & insidious declarations it contains. This measure, important & mischievous as it is, was the result of presidential wisdom without the knowledge of, or any intimation to, any one of the administration. Had the foulest heart & the ablest head in the world, been permited to select the most embarrassing and ruinous measure, perhaps, it would have been precisely, the one, which has been adopted. In the dilemma to which we are reduced, whether we approve or reject the nomination, evils only, certain, great, but in extent incalculable, present themselves. This would be true was Mr. Murray the ablest negotiator in christendom—but with all his virtues he is feeble and guarded, credulous & unimpressive. I have not yet decided ultimately what I shall do. At present the nomination must be postponed.
I am much obliged to you for the copy you sent me of the report—it is excellent. I have made the best use of it in my power. I am with sincerity your friend

Theodore Sedgwick
Genl Hamilton


Title: To Alexander Hamilton from William Willcocks, [19 February 1799]
From: Willcocks, William
To: Hamilton, Alexander

[New York, February 19, 1799]
Sir,

Messrs Ten Eyck and Williams are to meet at my house half past ten. If you will be so good as to have the thing signed by Troup and Mr. Church he will endeavor to get some other subscribers by Saturday. Mr. Pendleton will subscribe if you send it to him. He attended at the meetings and recommended this mode &c &c.
Yours &c

Wm Willcocks
Feby. 19. 1799.
Genl. Hamilton

Would not Mr. Harrison subscribe if your clerk carried it to him. Williams says he can commence with twenty five or thirty subscriptions.


Title: To Alexander Hamilton from Timothy Pickering, 20 February 1799
From: Pickering, Timothy
To: Hamilton, Alexander

Philadelphia Feby. 20. 1799
Dear Sir,
Since I wrote you on the 9th (which you acknowledge in a short letter, promising further communications) Dr. Stevens has been appointed Consul General of St. Domingo, and will probably embark before the close of next week. If you have written further to me in answer to my letter of the 9th the letter has miscarried, for I have recd. nothing. I must frame Dr. Stevens’s instructions in a few days, and wish to furnish him with your ideas on the points I stated. This cannot be done officially—but he will know how to use it.
I am very respectfully   & sincerely yours

T Pickering
Genl Hamilton


Title: From Alexander Hamilton to Timothy Pickering, 21 February 1799
From: Hamilton, Alexander
To: Pickering, Timothy

New York Feby 21. 1799
My Dear Sir

The multiplicity of my avocations joined to imperfect health has delayed the communication you desired respecting St Domingo. And what is worse it has prevented my bestowing sufficient thought to offer at present any thing worth having.
No regular system of Liberty will at present suit St Domingo. The Government if independent must be military—partaking of the feodal system.
A hereditary Chief would be best but this I fear is impracticable.
Let there be then—
A single Executive to hold his place for life.
The person to succeed on a vacancy to be either the Officer next in command in the Island at the time of the Death of the Predecessor, or the person who by plurality of Voices of the Commandants of Regiments shall be designated within a certain time. In the mean time the Principal Military officers to administer.
All the males within certain ages to be arranged in Military Corps and to be compellable to Military service. This may be connected with the Tenure of Lands.
Let the supreme Judiciary authority be vested in twelve Judges to be chosen for life by the Generals or Chief Military Officers.
Trial by Jury in all Criminal causes not Military to be established. The mode of appointing them must be regulated with reference to the general spirit of the establishment.
Every law inflicting capital or other Corporal punishment or levying a tax or contribution in any shape to be proposed by the Executive to an Assemb[l]y composed of the Generals & commandants of Regiments for their sanction or rejection.
All other laws to be enacted by the sole authority of the Executive.
The Powers of War & Treaty to be in the Executive.

The Executive to be obliged to have three Ministers—of Finance war & foreign affairs—whom he shall nominate to the Generals for their approbation or rejection.
The Colonels & Generals when once appointed to hold their Offices during good behaviour removea⟨ble⟩ only by Conviction of an infamous crime in due course of law or the sentence of a Court Martial cashiering them.
Court Martials for Trial of Officers & Capital Offence to be not less than 12 & well guarded as to mode of appointment.
Duties of import & export, taxes on lands & buildings to constitute the Chief branches of Revenue.
These thoughts are very crude but perhaps they may afford some hints.
How is the sending an Agent to Toussaint to encourage the Independence of St Domingo & a Minister to France to negotiate an accommodation reconciliable to consistency or good faith?
Yrs. truly

A H


Title: From Alexander Hamilton to Theodore Sedgwick, 21 February 179[9]
From: Hamilton, Alexander
To: Sedgwick, Theodore

New York Feby 21. 179[9]

The step announced in your letter just received in all its circumstances would astonish, if any thing from that quarter could astonish.
But as it has happened, my present impression is that the measure must go into effect with the additional idea of a Commission of three. The mode must be accommodated with the President. Murray is certainly not strong enough for so immensely important a mission.
Yrs. truly

A H

I will write tomorrow if my impression varies.
T Sedgwick Es


Title: To Alexander Hamilton from Theodore Sedgwick, 22 February 1799
From: Sedgwick, Theodore
To: Hamilton, Alexander

Philadelphia 22. feby. 1799.
Dear sir

In answer to yours of the 19th.—The gentlemen from Massa. have been together, I mean such as I requested, & have agreed on the following as the most eligible division of that state for the purpose of recruiting in your plan. Maine a district—four places of Rendezvous, Portland, Wiscasset, Augusta & custine. The Counties of Essex, Suffolk, Bristol, Dukes county, & Nantucket Barnstable & Plimouth a district—seven placaes of rendezvous—Haverhill, Newbury port, Salem, Boston, Plimouth, Taunton and Bridgewater. Middlesex, Norfolk & Worcester a district—five places of rendezvous—Groton, Watertown, Petersham, Worcester & Dedham. Hampshire & Berkshire a district—four places of rendezvous—Pittsfield, Worthington, Northampton & Springfield. I have presumed that it was not intended to mark the exact limits of each subdistrict, as this could not be done without an enumeration of all the towns in the State and, if expedient to be done at all, may be safely confided to the field officers.
I have seen as far as they are in the office of the Secy. of State Mr. Murray’s communications relative to the intercourse between him and Pichon. Part of his letters have been imediately addressed to the President. As far as I have seen there is more evidence of integrity than of wisdom. The details I have not time to write nor you to read.
It is one of the misfortunes to which we are subjected by the wild & irregular starts of a vain, jealous, and half frantic mind that we are obliged to practice an infraction of correct principle—a direct communication between the Prest. & Senate. I am this morning to wait on him & sollicit an interview between him & the committee upon his nomination. The objects are to induce him to alter it, as it respects the person & instead of an individual to propose a commission as it respects the principles on which the negotiation shall commence, and as it respects the scene within which it shall be carried on. On all these points I am told & from good authority he has formed strong opinions. If they are unalterable, I believe, I must vote against the appointment, but at present I think that is not the inclination of a majority. A circumstance confirmatory of the Prests. total ignorance of human nature is that he has frequently declared that he believed the message would add to the federal energies of the legislature.
I am most sincerely yours

Theodore Sedgwick


Title: From Alexander Hamilton to James McHenry, 23 February 1799
From: Hamilton, Alexander
To: McHenry, James

New York February 23 1799
Sir

I have maturely considered the questions raised by your letter of the 21 of January with the aid of such lights, as memory or inquiry could furnish with regard to usage.
The truth is that the articles are so obscurely worded as to preclude a very clear construction.
The second article of the 18th section of the original code seems to me to be repealed by the first resolution of the 31 of May 1796 in the Appendix; for it comes expressly within the description of “an article relating to the holding of Courts Martial and the confirmation of the sentences thereof.” I therefore pass it by in the examination.
The 2d Article of the appendix (title Administration of Justice) provides that General Courts Martial shall be ordered by “the General or officer commanding the troops” which standing alone would seem to confine the Power to the Officer who should command the whole army of the UStates. “The troops” without any additional words of description would naturally comprehend “All the Troops of the UStates” and the terms “the General” look to a similar conclusion.
But the 23 Article admits that the Commanding Officer of a Department may appoint a General Court Martial, & by implication that the Commanding Officer of a Post or detachment may do it.
And if a Judge Advocate is appropriate to a General Court Martial only, the 6th Article, also by implication admits that the commanding Officer of a detachment or garrison may constitute such Court.
It is therefore admissible to adopt a broader construction & to say that other officers besides the Commander of all the Troops of the UStates may appoint a General Court-Martial.
There are two other kinds of Courts Martial contemplated by the Articles one Regimental—the other Garrison.
The special authority given by the 3d article to the Commander of a Regiment or corps (by which I understand some single corps or integer of the army) to constitute Regimental Courts Martial, and to the commanding officer of any Garrison, Fort, barrack, or other place, to constitute a garrison Court Martial, each of which Courts is limited to three officers, excludes by implication the power to appoint a General Court Martial.
The Construction, which I incline to infer from the whole is, affirmatively that every General of a Department or of a distinct army, every General commanding troops at a Post or on a command so detached from the army as that its ordinary police is and must be distinct, and every Officer, who as a substitute for a General commanding an army, or such other Corps as being the proper command of a General officer is also in the situation last described, may appoint a General Court Martial—and negatively—that no other officer, especially no officer commanding only a Regiment or other corps (whether entire or consisting of detachments), which forms a command not superior to that of a Regiment, can appoint a General Court Martial; Consequently that no Officer commanding either of the Garrisons on the sea Board has power to constitute such a Court. In other words, none but a General or his representative can do it.

The application of this rule is not always obvious, but in most cases it will be so, & in all a satisfactory line may be drawn by the exercise of a sound discernment. It would however be well that there should be some more correct definitions by law.
According to my information the above construction is agreeable to Military usage.
As to the question how far a judge advocate or person acting in that capacity is essential to a Court Martial, I am of opinion that such an officer is essential to every General Court Martial and a Recorder to every Court of Inquiry, but neither of them to any other Court.
I infer this, first from what I understand to be military usage—
Secondly from several clauses in the articles of war.
The sixth article of the appendix directs that the Judge Advocate or his representative shall administer to each member of a Court certain oaths concluding thus “which oaths shall also be taken by all members of Regimental and Garrisons Courts Martial.” If the office of Judge Advocate extended to these last Courts, the previous words were sufficient, & this clause is redundant, if not incorrect.
Again, that part of the 24 Article which requires the Judge Advocate to transmit the proceedings and sentences of Courts Martial to the Secy at War is expressly confined to those which are General. This is a circumstance to imply that his agency is limited to such Courts.
The expediency of having a Judge Advocate or Recorder seems relative to cases of importance, and to those which are only preparatory to some ulterior arrangement. It may be inconvenient to carry it further.
Inclosed are the sentences which you transmitted to me, that you may finally direct what is to be done.
With great respect   I have the honor to be Sir   Yr. Obed serv


Title: To Alexander Hamilton from Ebenezer Stevens, 23 February 1799
From: Stevens, Ebenezer
To: Hamilton, Alexander

New York 23rd February 1799
Dear General

I promised you to commit to writing what I think ought to be done, for the compleating the Defence of this City, and the neighbouring Islands; with some other observations incident thereon—and submit them herein, for your government.

First.
To compleat Fort Jay & build, another Barrack in that Fort. the ensuing Summer.

second.
For Government to purchase Ellis’s Island, and this state to cede the jurisdiction of it, and also of Bedlows and Governors Island, to the United States.

Third.
For you to write the secretary of War, to claim from this State, the One thousand stands of small arms with Cartridge Boxes, which were loaned.

Fourth.
To have the Arsenal, built here last summer, put in suitable order; to unpack, and place on Racks, provided for that purpose, the Three thousand stands of arms, now in my Store, belonging to the state, together with the Cartridge Boxes. I am certain, those articles are receiving damage, by being in boxes, and kept from the air.

Fifth.
To press the secretary of War, to name my compensation; for I am tired of working, without knowing, what I am to receive for my services. And as there is much Writing, and full employment, for a Clerk under me, as agent for the department of War, I would suggest, your recommending that One be allowed me; which would enable me, to devote more of my time to the inspection; and seeing the various objects in my department, properly executed; under my immediate view.

Sixth.
To recommend the secretary of War, to authorize me to establish a Laboratory on Governors Island, which might supply, both the Garrisons, and Navy with Ammunition, and Military Stores. and would be a School for our Commissioned Officers, to learn how to fix those matters, and materially concerns them to be acquainted with. It could be begun on a Small scale, and I would give some part of my time to this object.

I submit the above for your consideration, and respectfully remain Dear General   Yours affectionately

Ebenr Stevens.

P.S. I would earnestly recommend, your making application to His Excellency Governor Jay, for money to pay off the Balances due to sundry persons for the Erection of the fortifications and mounting of Cannon &c. &c—for the defence of this Island last summer, under the immediate direction of the military Committee, which alderman Furman cannot settle, for want of the means—and then, that all those accompts be audited by the military Committee.

Major Genl. Hamilton.


Title: To Alexander Hamilton from Timothy Pickering, 25 February 1799
From: Pickering, Timothy
To: Hamilton, Alexander

(confidential)
Philaa. Feby. 25. 1799.
My dear sir,

This morning I have recd. your favour of the 21st.
We have all been shocked and grieved at the nomination of a minister to negociate with France. There is but one sentiment on the subject among the friends of their country and the real supporters of the President’s administration. Pains have been taken to ameliorate the measure by throwing it into a Commission: but the President is fixed: the Senate must approve or negative the nomination: in the latter event, perhaps he will name Commissioners. I beg you to be assured that it is wholly his own act, without any participation or communication with any of us. It is utterly inconsistent with his late nomination of Mr. King to negociate a commercial treaty with Russia, & of Mr. Smith to negociate a like treaty with the Porte: both these objects will now be defeated. It was by the proffered aid of Russia & Great Britain that we were induced to propose to negociate with the Porte. With respect to St. Domingo, the President will certainly do no act to encourage Touissaint to declare the island independent: but he will doubtless open the commercial intercourse when Dr. Stevens (Consul General) shall certify that privateering is at an end, so that agreeably to the 4th section of the act, the President may consider it safe & for the interests of the U. States to do it.
The foundation of this fatal nomination of Mr. Murray was laid in the President’s speech at the opening of Congress. He peremptorily determined (against our unanimous opinions) to leave open the door for the degrading and mischievous measure of sending another minister to France, even without waiting for direct overtures from her.
I am very truly & respectfully   yours

T. Pickering
Alexander Hamilton Esq