to washington - Alexander Hamilton, The Works of Alexander Hamilton, (Federal Edition), vol. 10 [1774]
Edition used:
The Works of Alexander Hamilton, ed. Henry Cabot Lodge (Federal Edition) (New York: G.P. Putnam’s Sons, 1904). In 12 vols. Vol. 10.
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to washington
March 28, 1796.
Sir:
I am mortified at not being able to send you by this post a certain draft. But the opinion that reasons ought to be given, and pretty fairly, has extended it to considerable length and a desire to make it accurate as to idea and expression keeps it still upon the anvil. But it is so far prepared that I can assure it by to-morrow’s post. Delay is always unpleasant. But the case is delicate and important enough to justify it.
I mentioned as my opinion, that the instructions to Mr. Jay, if published, would do harm. The truth, unfortunately, is that it is in general a crude mass, which will do no credit to the administration. This was my impression of it at the time, but the delicacy of attempting too much reformation in the work of another head of department, the hurry of the moment, and a great confidence in the person to be sent, prevented my attempting that reformation.
There are several particular points in it which would have a very ill effect to be published.
- I—There is a part which seems to admit the idea that an adjustment might be made respecting the spoliations which should leave that matter finally to the ordinary course of the British courts. This is obscurely and ambiguously expressed, but the least color for such a construction would give occasion for infinite clamor.
- II—The negotiator is expressly instructed to accede to the entire abolition of alienism as to inheritances of land. You have seen what clamor has been made about the moderate modification of this idea in the treaty, and can thence judge what a load would fall on this part of the instructions.
- III—He is instructed to enter into an article against the employment of privateers in war. This is manifestly against the policy of a country which has no navy in a treaty with a country which has a large navy. For it is chiefly by privateers that we could annoy the trade of Great Britain. Some would consider this as a philosophic whim; others as an intentional sacrifice of the interests of this country to Great Britain.
- IV—There are several parts which hold up the disreputable and disorganizing idea of not being able to restrain our own citizens.
- V—There are parts the publication of which, though proper to our own agent, would be a violation of decorum towards Great Britain, after an amicable termination of the affair, and offensive because contrary to the rules of friendly and respectful procedure.
- VI—The instructions have too little point (in the spirit of the framer, who was in the habit of saying much and saying little), and would be censured as altogether deficient in firmness and spirit.
On the whole, I have no doubt that the publication of these instructions would do harm to the Executive, and to the character and interest of the government.
The draft will be so prepared as to admit of this conclusion.
If the President concludes to send papers, they ought only to be the commissions, and Mr. Jay’s correspondence, saying that these are all that it appears to him for the public interest to send.
But he may be then prepared for as much clamor as if he had sent none. It would be said that what was done showed that the principle had not been the obstacle—and that the instructions were withheld because they would not bear the light. Or, at most, only that part of the instructions should go which begins at these words, “4. This enumeration presents, generally, the objects which it is desirable to comprise in a commercial treaty,” etc., to the end of the instructions.
But after the fullest reflection I have been able to give the subject (though I perceive serious degrees of inconveniencies in the course), I entertain a final opinion that it will be best, after the usurpation attempted by the House of Representatives, to send none, and to resist in totality.
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