common justice; and was highly derogatory to the honor of the State; that it was totally inconsistent with the public good, for so large a proportion of the citizens remained in the 'region' possessed by the British armies, that in most places it would be difficult, in many absolutely impossible, to find men to fill the necessary offices, even for conducting elections, until a new set of inhabitants could be procured"—that it was "directly in the face of the treaty," and instituted "a new court" in express violation of the constitution of the state. The act, nevertheless, passed by the votes of more than two-thirds of the members, under the specious title of "An Act to preserve the Freedom and Independence of the State."

The other bill was "An Act for the speedy Sale of Confiscated Estates," which, though also objected to by the Council of Revision, became a law on the same day.

Hamilton remarked, as to this test act, "A share in the sovereignty of the State, which is exercised by the citizens at large in voting at elections, is one of the most important rights of the subject, and in a republic ought to stand foremost in the estimation of the law. It is that right by which we exist a free people; and it certainly therefore will never be admitted, that less ceremony ought to be used in divesting any citizen of that right, than in depriving him of his property. Such a doctrine would ill suit the principles of the revolution, which taught the inhabitants of this country to risk their lives and fortunes in asserting their liberty, or, in other words, their right to a share in the government." He cautioned against "precedents which may in their consequences render our title to this great privilege precarious." Resolutions were also introduced-one, calling on the governors of the States to interchange lists of the banished persons in order, as was

professed, that the principles of the Federal union might be adhered to and preserved; another, that notwithstanding the recommendation of congress, they could not comply with the fifth article of the treaty. A memorial of one of these nine representatives of New York for a grant of a large body of land by the commissioners of forfeiture, and the fact, that another of them acquired his wealth by the purchase of confiscated property within that city, explain the motives of these arbitrary procedures. An Act to repeal the laws inconsistent with the treaty was also rejected by North Carolina.

It will be remarked, that through the whole of these proceedings intolerance sought to conceal its deformity under the mask of the demagogue-a watchful solicitude for liberty, and a distrust of designs to effect a revolution in the genius of the government.

It is an invidious office to accumulate testimony of the vitiated state of the popular feeling at this time, and to embody the evidence of facts tending to impair the national character, were not a lesson to be derived from them of infinite value-the tendency of the state governments in moments of excitement to violate the admitted maxims of public law, to disregard the most sacred obligations, and to encroach upon and undermine the rights of individuals, and that the only security of the American citizen against local violence and usurpation, is in his national character, and the broad protection which a well-balanced general government can alone give.

To show the extent to which the rapacious spirit of the times was carried, but one more instance will be adduced. It was a proposal to confiscate the estates of "the society instituted by a charter from the British government for the propagation of the gospel in foreign parts," in which light the British colonies and plantations were regarded in that charter-notwithstanding the fifth and sixth articles

of the treaty-notwithstanding the pure and benevolent purposes of its institution-notwithstanding that from its very nature it could not have had any agency in the war, nor have become the object of resentment and confiscation. This purpose called forth the indignant and determined opposition of Hamilton. He contended that a regard to honour, justice, and humanity, ought to be alone sufficient to restrain the legislature from wresting their estates from the hands of a charitable society which had committed no offence to incur a forfeiture; and that especially in an hour of profound tranquillity. That if the articles of the treaty had been silent on the subject of confiscation, yet under a general treaty of peace, it being an established maxim of the law of nations, which is a part of the law of the land, that every such treaty virtually implies an amnesty for every thing done during the war, even by an active enemy, that the rights of this society were therefore necessarily secured; and that as the exclusive right of making peace and war belonged to the great federal head of the nation, every treaty made by their authority, was binding upon the whole people, uncontrollable by any particular legislature, and that any legislative act in violation of the treaty, was illegal and void; and that upon a different construction, "the confederation, instead of cementing an honourable union, would, with respect to foreign powers, be a perfidious snare, and every treaty of peace, a solemn mockery."

However desirable it may have appeared to the magnanimous part of the community to bury their resentments from motives of benevolence, it became now apparent that their efforts could no longer be confined to mere persua sion, but that the fears of the considerate must be aroused to a general co-operation. The effect of popular violence, though steadily resisted by the American courts, was seen strongly operative in the councils of Great Britain.

The

protection of the tories had, during the discussions of the provisional treaty, been a subject of much anxious negotiation. When she found that the recommendations of congress were wholly disregarded, England made these proceedings a ground for refusing the indemnities for spoliations stipulated by the treaty, and for what was a source of more general interest and alarm, a refusal to deliver up the frontier posts, which kept in awe the whole interior of the country. Hamilton, who, as early as the spring of seventeen hundred and seventy-eight, had been the open advocate, if the revolution should be effected, of a general act of amnesty and oblivion, could no longer brook the tyranny of a small number of active demagogues, the founders of the democratic party in the state of New-York.

He resolved to come forward as a mediator between the passions and the true interests of the people. With this view, early in the year seventeen hundred and eighty-four, he addressed a pamphlet "to the considerate citizens of New-York on the politics of the times, in consequence of the peace," under the signature of "PHOCION."

This brief production, written at a time when the author says "he has more inclination than leisure to serve the people, by one who has had too deep a share in the common exertions in this revolution to be willing to see its fruits blasted by the violence of rash or unprincipled men, without at least protesting against their designs," contains an earnest, appeal to the friends of liberty, and to the true whigs, on the enormity of the recent laws passed by men "bent upon mischief, practising upon the passions of the people, and propagating the most inflammatory and pernicious doctrines."

The persons alluded to, he says, "pretend to appeal to the spirit of whigism, while they endeavour to put in motion all the furious and dark passions of the human mind. The spirit of whigism is generous, humanc, beneficent, and

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just. These men inculcate revenge, cruelty, persecution. and perfidy. The spirit of whigism cherishes legal liberty. holds the rights of every individual sacred, condemns or punishes no man without regular trial, and conviction of some crime declared by antecedent laws, reprobates equally the punishment of the citizen by arbitrary acts of the legislature, as by the lawless combinations of unauthorized individuals; while these men are the advocates for expelling a large number of their fellow-citizens unheard, untried; or, if they cannot effect this, are for disfranchising them in the face of the constitution, without the judgment of their peers, and contrary to the law of the land."

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The danger of this arbitrary power, the extent to which it had been abused by being exercised against general descriptions of persons, are strongly portrayed. Nothing is more common," Hamilton observed," than for a free people, in times of heat and violence, to gratify momentary passions, by letting into the government principles and precedents which afterwards prove fatal to themselves. Of this kind is the doctrine of disqualification, disfranchisement, and banishment by acts of the legislature. The dangerous consequences of this power are manifest. If the legislature can disfranchise any number of citizens at pleasure by general descriptions, it may soon confine all the votes to a small number of partisans, and establish an aristocracy or an oligarchy; if it may banish at discretion all those whom particular circumstances render obnoxious, without hearing or trial, no man can be safe, nor know when he may be the innocent victim of a prevailing faction. The name of liberty applied to such a government, would be a mockery of common sense.

"The English whigs, after the revolution, from an overweening dread of popery and the pretender, from triennial, voted the parliament septennial. They have been trying ever since to undo this false step in vain, and are repenting