President William H. Harrison
"We admit of no government by divine right, believing that, so far as power is concerned, the beneficent Creator has made no distinction amongst men; that all are upon an equality, and that the only legitimate right to govern is an express grant of power from the governed. The Constitution of the United States is the instrument containing this grant of power to the several departments composing the Government. On an examination of that instrument it will be found to contain declarations of power granted and of power withheld. The latter is also susceptible of division into power which the majority had the right to grant, but which they did not think proper to intrust to their agents, and that which they could not have granted, not being possessed by themselves. In other words, there are certain rights possessed by each individual American citizen which, in his compact with the others, he has never surrendered. Some of them, indeed, he is unable to surrender, being, in the language of our system, unalienable."
- President William H. Harrison, Inaugural speech, March 4, 1841. [Journal of the executive proceedings of the Senate of the United States of America, 1837-1841. MARCH 4, 1841.]
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Self-preservation is the first law of nature, and has been implanted in the heart of man by his Creator, for the wisest purpose; and no political union, however fraught with blessings and benefits in all other respects, can long continue, if the necessary consequence be to render the homes and the firesides of nearly half the parties to it habitually and hopelessly insecure.
- President James Buchanan, Washington City, December 3, 1860. Message to the U.S. House & Senate.
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"Every free man has a right to the use of the press, so he has to the use of his arms. [B]ut if he commits [libel], he abuses his privilege, as unquestionably as if he were to plunge his sword into the bosom of a fellow citizen."
- "Philodemos", Pennsylvania Gazette (Philadelphia), March 8, 1788.
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...Surely each man has as strong a motive now, to preserve our liberties, as each had then, to establish them.....In a word, the people will save their government, if the government itself, will do its part, only indifferently well.
...This is essentially a People's contest. On the side of the Union, it is a struggle for maintaining in the world, that form and substance of government, whose leading object is, to elevate the condition of men--to lift artificial weights from all shoulders; to clear the paths of laudable pursuit for all; to afford all an unfettered start, and a fair chance in the race of life. Yielding to partial and temporary departures, from necessity, this is the leading object of the government for whose existence we contend....
...Our popular government has often been called an experiment. Two points in it our people have already settled--the successful establishing and the successful administering of it. One still remains--its successful maintenance against a formidable internal attempt to overthrow it. It is now for them to demonstrate to the world, that those who can fairly carry an election, can also suppress a rebellion; that ballots are the rightful and peaceful successors of bullets; and that when ballots have fairly and constitutionally decided, there can be no successful appeal back to bullets; that there can be no successful appeal except to ballots themselves, at succeeding elections. Such will be a great lesson of peace; teaching men that what they cannot take by an election, neither can they take it by a war; teaching all the folly of being the beginners of a war.
Lest there be some uneasiness in the minds of candid men, as to what is to be the course of the government, towards the southern States, after the rebellion shall have been suppressed, the Executive deems it proper to say, it will be his purpose then, as ever, to be guided by the Constitution and the laws; and that he probably will have no different understanding of the powers and duties of the federal government relatively to the rights of the States and the people, under the Constitution, than that expressed in the inaugural address:
He desires to preserve the government, that it may be administered for all, as it was administered by the men who made it. Loyal citizens everywhere, have the right to claim this of their government; and the government has no right to withhold, or neglect it. It is not perceived that, in giving it, there is any coercion, any conquest, or any subjugation, in any just sense of those terms.
The Constitution provides, and all the States have accepted the provision, that "The United States shall guarantee to every State inthis Union a republican form of government." But, if a State may lawfully go out of the Union, having done so, it may also discard the republican form of government; so that to prevent its going out is an indispensable means, to the end, of maintaining the guaranty mentioned; and when an end is lawful and obligatory, the indispensable means to it, are also lawful and obligatory.
It was with the deepest regret that the Executive found the duty of employing the war-power, in defence of the government, forced upon him. He could but perform this duty, or surrender the existence of the government. No compromise, by public servants, could, in this case, be a cure; not that compromises are not often proper, but that no popular government can long survive a marked precedent, that those who carry an election, can only save the government from immediate destruction, by giving up the main point, upon which, the people gave the election. The people themselves, and not their servants, can safely reverse their own deliberate decisions.
As a private citizen, the Executive could not have consented that these institutions shall perish; much less could he, in betrayal of so vast, and so sacred a trust, as these free people had confided to him. He felt that he had no moral right to shrink, nor even to count the chances of his own life, in what might follow. In full view of his great responsibility, he has, so far, done what he has deemed his duty. You will now, according to your own judgment, perform yours. He sincerely hopes that your views, and your action, may so accord with his, as to assure all faithful citizens, who have been disturbed in their rights, of a certain, and speedy restoration to them, under the Constitution and the laws.
And having thus chosen our course, without guile, and with pure purpose, let us renew our trust in God, and go forward without fear, and with manly hearts.
- Abraham Lincoln, July 4, 1861. [Journal of the Senate of the United States of America, 1789-1873
FRIDAY, July 5, 1861. A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875]
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"Of each particular thing ask: what is it in itself? What is its nature? What does he do, this man you seek?"
- Roman Emperor Marcus Aurelius Antoninus Augustus, (Born: 26 April AD 121 - Died: 17 March AD 180), 'Meditations'.
Answers: (As applied to the typical 'gun control' politician).
What is it in itself? - CONTROL.
What is its nature? - HUNGERING for more POWER.
What does he do? - Effect domination of the sheeple by use of mass hysteria, misinformation and downright lies.
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The policy of Arming the Refugees.
is urged by all the Superintendents. One says:
"I believe in giving them their freedom by their swords. Policy and humanity say, Arm the negro. History affords all the necessary precedents for liberating slaves and arming them as soldiers, to fight in defence of their county. Blacks fought in the Revolutionary struggle, and in the War of 1812. Let them fight in the war for their own liberty."
The Superintendent at Memphis takes up the same strain and says:
"Yes, arm him! It will do him worlds of good. He will know then that he has rights, and dare maintain them -- a grand step towards manhood. Arm him! for our country needs soldiers. These men will make good soldiers. Arm him! for the rebels need enemies, and heaven knows the blacks have reason to be that. Once armed and drilled, the black man will be an enemy the rebels will neither love nor despise. Arm him, and let the world see the black man on a vast scale returning good for evil, helping with blood and life the cause of the race which hated, oppressed and scorned him."
Finally the Superintendent at La Grange says:
"Arm them at once. We can hurt the rebels more by the use of the negro than by any others means in our power. Arm him -- use him; do it speedily. Why leave him to labor for our enemy, and thus keep up the strife? Arm him -- he is a man -- he will fight -- he can save the Union. I pledge you and the world they will make good soldiers."
- Robert Dale Owen to Abraham Lincoln, Wednesday, August 05, 1863 (Sends report of John Eaton concerning freedmen in Tennessee; with abstract of Eaton's report). [Abraham Lincoln Papers at the Library of Congress. Transcribed and Annotated by the Lincoln Studies Center, Knox College. Galesburg, Illinois.]
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Any power that can be abused will be abused.
Tyranny Law #1
Abuse always expands to fill the limits of resistance to it.
Tyranny Law #2
If people don't resist the abuses of others, they will have no one to resist the abuses of themselves, and tyranny will
prevail.
Tyranny Law #3
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Let me ask you, Sir, when is the Time for brave Men to exert themselves in the Cause of Liberty and their Country, if this is not? Should any Difficulties that they may have to encounter, at this important Crisis, deter them? God knows, there is not a Difficulty that you both very justly complain of, that I have not in an eminent Degree experienced, that I am not every Day experiencing; but we must bear up against them, and make the best of Mankind as they are, since we cannot have them as we wish.
George Washington to Philip J. Schuyler, Dec. 24, 1775. [The George Washington Papers at the Library of Congress, 1741-1799]
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"That they had consulted a number of well informed officers of the militia, and found that nothing in the present state of things was to be expected from that quarter. That the militia of the city in general, were not only ill provided for service, but disinclined to act upon the present occasion. That the council did not believe any exertions were to be looked for from them, except in case of further outrage and actual violence to person or property. That in such case a respectable body of citizens would arm for the security of their property and of the public peace; but it was to be doubted what measure of outrage would produce this effect; and in particular, it was not to be expected merely from a repetition of the insult which had happened."
Alexander Hamilton to John Dickinson, Sept. ?, 1783. [Letters of Delegates to Congress: Volume 20 March 12, 1783 - September 30, 1783]
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When the Enemy has invaded our Lives, Liberty and Property, We must exert every Nerve to defend them; when We have once secured them, let Us turn our Attention to the Conveniences of Life- but without Liberty my dearest there is no safety or enjoyment in Life. Could you read History and see the dreadful Miseries of the unhappy People who have lost their Liberty, young as you are I believe you would consent to give up Goods, Business & ease & every pleasure and chearfully suffer all the Dangers & Hardships of War & even risque your Life in Defence of your Country rather than submit to that horrid State of Oppression, Slavery & Misery which others now groan under & Britain is trying to reduce Us to. The War between the Dutch & the Spaniards, lasted sixty years; should this War last one quarter so long you would be able to take up Arms in Defence of your Country; Cherish therefore the Love of Liberty & your Country which next to the Love of God I have endeavoured to plant in your tender heart that you may be qualified the Moment your Age & Strength allow it bravely to take up Arms in the Defence of your dear Country if necessary.
I am pleased with the Acct. which You give Me of the military Operations in the Colony, I expect We shall suffer much, I hope We shall bear it as becomes Freemen and have no Doubt but Heaven will crown our generous Efforts with Success & that We shall finally expel the Monsters from this Continent & establish the Peace, Welfare & Happiness of our Country upon a lasting Foundation.
- Samuel Ward to John Ward, Feb. 10th, 1776, [Letters of Delegates to Congress: Volume: 3 January 1, 1776 - May 15, 1776]
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"To trust arms in the hands of the people at large has, in Europe, been believed...to be an experiment fraught only with danger. Here by a long trial it has been proved to be perfectly harmless...If the government be equitable; if it be reasonable in its exactions; if proper attention be paid to the education of children in knowledge and religion, few men will be disposed to use arms, unless for their amusement, and for the defence of themselves and their country.
- Timothy Dwight, Travels in New England
and New York [London 1823]
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It may be safely assumed, as an axiom in the government of States, that the greatest wrongs inflicted upon a people are caused by unjust and arbitrary legislation, or by the unrelenting decrees of despotic rulers, and that the timely revocation of injurious and oppressive measures is the greatest good that can be conferred upon a nation. The legislator or ruler who has the wisdom and magnanimity to retrace his steps, when convinced of error, will sooner or later be rewarded with the respect and gratitude of an intelligent and patriotic people.
Our own history--although embracing a period less than a century--affords abundant proof that most if not all of our domestic troubles are directly traceable to violations of the organic law and excessive legislation. The most striking illustrations of this fact are furnished by the enactments of the past three years upon the question of reconstruction. After a fair trial they have substantially failed and proved pernicious in their results, and there seems to be no good reason why they should longer remain upon the statute-book....
....We should, as far as possible, remove all pretext for violations of the organic law, by remedying such imperfections as time and experience may develop, ever remembering that "the Constitution which at any time exists, until changed by an explicit and authentic act of the whole people, is sacredly obligatory upon all."
- President Andrew Johnson, Message to the U.S. House and Senate, December 9, 1868.
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The safety of America depends essentially on a union of the people in it.
- George Wythe, Oct. 12, 1775, Debate on the State of Trade, Journals of the Continental Congress.
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...Nothing is heard but the sound of Drums & Fifes, all Ranks & Degrees of men are in Arms learning the Manual Exercise Evolution & the management of Artillery. They have now in this City Twenty eight Companies of Foot of 68 men each including Officers all of whom are out twice every day in Training. Several more Companies are forming, they have also two Companies of Light Horse in short it is impossible to describe the Spirit of these people and the alteration they have undergone since I left them in December last. All the Quakers except a few of the old Rigid ones have taken up arms, there is not one Company without several of these people in it, and I am told one or two of the Companies are composed entirely of Quakers. The people of this Province in general are associating in Companies and employing Sarjants to teach them the exercise. I find all the Provinces are in Arms Except No. Carolina. New York has been Converted almost as instantaneously as St Paul was of old, a Tory dare not open his mouth either in that Province or this. The Battle near Boston & the Act of Parliament for restraining the Trade of all the Colonies except New York & N. Carolina has wrought the Conversion of New York. I wish to God it may have the same affect on our Province, I tremble for No. Carolina, every County ought to have at least one Company formed & exercised, pray encourage it. Speak to the people, write to them, urge strongly the necessity of it, I had rather perish Ten thousand times than they should give up the matter now in the time of tryal....
- Joseph Hewes to Samuel Johnston, May 11th, 1775. [ A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875.Letters of Delegates to Congress: Volume 1 AUGUST 1774 - AUGUST 1775.]
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My dear Son (1) Philadelpa. 10th Feby. 1776 The old Proverb is with You "better late than never." I have sometimes been displeased that you have not obeyed my Commands & wrote to Me. I will however forgive you but dont omit for the future to write to Me once a Month at least & let me know all about the Business of the Farm & Stock, how you all do, how you imploy your time, what Progress in learning you make and what Books you read.
Goods you observe are scarce; We must learn to manufacture every thing necessary and to do with out every thing else. When the Enemy has invaded our Lives, Liberty and Property, We must exert every Nerve to defend them; when We have once secured them, let Us turn our Attention to the Conveniences of Life- but without Liberty my dearest there is no safety or enjoyment in Life. Could you read History and see the dreadful Miseries of the unhappy People who have lost their Liberty, young as you are I believe you would consent to give up Goods, Business & ease & every pleasure and chearfully suffer all the Dangers & Hardships of War & even risque your Life in Defence of your Country rather than submit to that horrid State of Oppression, Slavery & Misery which others now groan under & Britain is trying to reduce Us to. The War between the Dutch & the Spaniards, lasted sixty years; should this War last one quarter so long you would be able to take up Arms in Defence of your Country; Cherish therefore the Love of Liberty & your Country which next to the Love of God I have endeavoured to plant in your tender heart that you may be qualified the Moment your Age & Strength allow it bravely to take up Arms in the Defence of your dear Country if necessary.
I am pleased with the Acct. which You give Me of the military Operations in the Colony, I expect We shall suffer much, I hope We shall bear it as becomes Freemen and have no Doubt but Heaven will crown our generous Efforts with Success & that We shall finally expel the Monsters from this Continent & establish the Peace, Welfare & Happiness of our Country upon a lasting Foundation.
Write to Me soon; tell Ray & Dicky that I command them to write to me by first Post. You must all take the best Care which you can of the Business, spend all the time you can in improving your Minds, be sure to avoid every thing mean, base or wicked, keep no bad Compy. & as little that is low as possible. May God preserve my dear Son & his Bros. & Sisters. Your affectionate Father, S Ward
[P.S.] Give my warmest Love to your dear Sister Betsy, tell her I think much of her & long to see her, do all you can to make her & each other happy.
RC (RHi).
1 John Ward (1762-1823) was Ward's second youngest son. Ward, Corrcspondence (Knollenberg), pp. 214, 217.
- Samuel Ward to John Ward, [Letters of Delegates to Congress: Volume: 3 January 1, 1776 - May 15, 1776.]
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...At a Time like this, when every man of Sensibility, & patriotism is "feelingly alive all oer," when all that he can expect to save out of the general wreck of the Times is a Consciousness of having done every thing in his power to save his Country and render it happy, and a Character among his Countrymen correspondent therewith, We must be stupidly negligent to Ourselves, & Our immediate posterity affected by Our Characters, should We silently pass by the strongest Censure pass'd on Us by implication, in the late New Appointment-A Censure in the Face of the whole Continent, and which if unexplained will be forever considered as Such, though they will, which is Our cheif happiness, never find ground, or Cause in Our Conduct. Phlegmatic people may reason as they feel on the occasion; dark, envious, & designing persons, whither outdoors or in, may gloss it over to suit their Views. We trust neither set will prevent Our having a public opportunity of giving an Account of the Manner in which we have executed so farr as We have been permitted the all important Trust committed to Us, which is the only favor we wish for, or ask....
- Connecticut Delegates to Jonathan Trumbull, Sr., Dec. 5, 1775. [Letters of Delegates to Congress: Volume 2 September 1775 - December 1775.]
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The people are not to be disarmed of their weapons. They are left in full possession of them. The government is administered by the representatives of the people, voluntarily and freely chosen.
Under these circumstances, should any one attempt to establish their own system, in prejudice of the rest, they would be universally detested and opposed, and easily frustrated. This is a principle which secures religious liberty most firmly. The government will depend on the assistance of the people in the day of distress .
- Zachariah Johnson, Virginia Ratifying Convention, June 25, 1788
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May yo. 12th. 1758
DR SIR
When Hawkins Letter Came away I had not finished the president Letter and I was not willing to detain the Bearer from Comeing to you I have Sent the president Letter with the Inclosed open that you may perruse them Send the messenger of Directly and Seal the Letter--I at present live in danger of my life every moment being alone none but my wife the neighbours all round me is moved and moveing I intend to Station Some of our or your Militia at my house I being now allmost the frontier and Shall be quite So by Sunday Night I expect to hear of another ingagement in a day or two our people is Reinforceing themselves to overtake them our people Seems to be in high Spirits I hear but I hope it is not true that Wm. Irvine was killd. in the Last ingagement--Dr. Sir be pleased to order Some arms and ammunition with Some flints for our defence Pray if Isham is not Come away I beg youl Send him to assist his mother to Some place of Safety if you Cannot Spare him a Horse Let him Come afoot I expect the Messenger to Come this afternoon which is to bring this --
I am very Scant of paper haveing used what you gave me and one Quire more and have but one Sheet Left and the waggon is not Come which was to bring mine up if any thing material happens you Shall hear from me if Life be Spared me
... I am Dr. Clem as allways
... your most Hble Sert. to Comd.
... MATTW. TALBOT
... [A postscript has been blotted out.]
To
... CLEMT. READ, ESQ.
... Lunenburgh.
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[Abraham Lincoln Papers at the Library of Congress. Transcribed and Annotated by the Lincoln Studies Center, Knox College. Galesburg, Illinois.]
Executive Office
Little Rock Ark
Dec 14th 1864
The President we all feel wishes the loyal people of the Rebel States to receive protection-- An appeal to him will not be disregarded -- as we hope and trust-- Oppression wrong and outrage we have suffered -- beyond the capability of expression-- We have been deprived of the means of protecting ourselves-- The War department abandons us to armed outlaws -- and at the same time refuses us the means of self defense-- And then comes Gen Canbys order to abandon Fort Smith1 and its dependancies Leaving the loyal portion of the state at the mercy of the Indians and desperadoes of the Frontier-- For the sake of humanity and the honour of the Government -- we crushed and broken hearted lovers of the Government of our fathers beseech you as President and Commander in Chief of the Army to redeem your pledges of protection We have done all that could be done on our part-- We have been true -- to the stars & stripe at the risk of life & property-- We ask only protection and that our devotion meet with some respect--
The Bearer Col Bishop2 has our confidence will you listen to him Redress our wrongs -- and save your friends -- from utter ruin
With high Respect
Isaac Murphy
Gov Ark
[Note 1 Maj. Gen. E. R. S. Canby did, in fact, order the evacuation of Fort Smith. The scarcity of troops, and the difficulty in supplying the post, he believed, necessitated the move. See Official Records, Series I, Volume 41, Part IV, 623-34.]
[Note 2 Lt. Col. Albert W. Bishop of the 1st Arkansas (Union) Cavalry was the acting Adjutant General of Arkansas.]
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The attack with which this city is threatened has been productive of most salutary consequences It has occasioned a coalition of parties: a Convention is to be called at a seasonable juncture for altering the Governt. if agreeable to the sense of a majority of the People, & Committees are appointed to collect that Sense, that is, whether they choose to have the Governt. altered or not. Col. Sam Meridith has reassumed his command in the militia; Cadwallader is sent for, & will no doubt follow Meredith's example; in five days, General Mifflin this day to be one, there would be j thousand militia collected at or near this city. 1100 met on the Common this day. Gen. Mifflin made them a spirited harangue which was received with great applause. No Forces will be suffered to act as a neutral part, all must bear arms except Quakers, Monr. de Coudray, who was present at the review this day, spoke to me in high strains of compliment about the militia; he says they are the best Militia he ever saw. He is not a man of compliments, tho' polite, and therefore I lay the greater stress on his praises, as I believe them justly due....
- Charles Carroll, Sr., June 13, 1777. [Letters of Delegates to Congress: Volume 7 May 1, 1777 - September 18, 1777. A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875]
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...Rhode Island is still possessed by the Enemy and lately reinforced by some 4 or 500 Troops. General Pigot perseveres in ravaging the Country as often and as much as he can. He lately intimated by Letter to General Sullivan that as by the American Laws all Males from 16 to 60 are obliged to bear Arms he should capture as many such as he could, or all of such, which he might capture, should be considered as exchangeable for British Soldiers.(4) In pursuance of this Idea he is attempting to add Glory to his name by stealing Boys and reserving the right of ageing them to himself-this shews, to say the mildest, great distress on their part, from the detention of Mr Burgoyne's Men....
4 See Gen. Robert Pigot's widely publicized June 3 letter to Gen. John Sullivan in Sullivan, Papers (Hammond), 2:69-70.
- Henry Laurens to Rawlins Lowndes, June 23, 1778. [Letters of Delegates to Congress: Volume 10 June 1, 1778 - September 30, 1778. A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875]
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...Are we at last brought to such an humiliating and debasing degradation, that we cannot be trusted with arms for our own defence? Where is the difference between having our arms in our own possession and under our own direction, and having them under the management of Congress? If our defence be the real object of having those arms, in whose hands can they be trusted with more propriety, or equal safety to us, as in our own hands?
...The liberties of a people never were, nor ever will be, secure, when the transactions of their rulers may be concealed from them. The most iniquitous plots may be carried on against their liberty and happiness....
- Patrick Henry, June 9, 1788. The Debates in the Several State Conventions, (Virginia), on the Adoption of the Federal Constitution [Elliot's Debates, Volume 3]
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...The United States, fired with the prospect of their future glory, would blush to think that the history of any nation might represent them as humble suppliants for their favor. The least slight from a sovereign whose life will be read with applause by posterity, whose situation places her above those little shifting politics by which inferior princes govern, who has magnanimity enough to feel and declare herself independent of every other tie but that which wisdom and justice impose, might be urged with weight against us and give force to the calumnies of our enemies. All, therefore, sir, that your situation will admit of is to endeavor to give just ideas of this country, of its resources, of its future commerce, its justice and moderation, its sincere desire for peace, but at the same time of its firm determination to forego any present advantage and to brave any danger rather than purchase it upon terms unworthy of the struggles they have made or which shall render their liberties insecure. This, which is an important truth, you will be able to prove by showing the circumstances under which we entered into the war and the difficulties we struggled with, when, without arms, without military stores, without discipline, without government, without commerce, we bid defiance to one of the most powerful nations in the world, and resisted alone, for three years, forty thousand disciplined troops, attended by a considerable navy, and amply supplied with every necessary to enable them to use their force with advantage....
- Robert R. Livingston, March 2, 1782 letter to 'Dana'. [The Revolutionary Diplomatic Correspondence of the United States, Volume 5 Library of Congress.]
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Under our happy system, the people are the sole and exclusive fountain of power. Each government originates from them, and to them alone, each to its propel' constituents, are they respectively and solely responsible, for the faithful discharge of their duties, within their constitutional limits. And that the people will confine their public agents, of every station, to the strict line of their constitutional duties, there is no cause to doubt.
- President James Monroe, Dec. 3, 1822 message to the Senate of the United States of America.
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You will observe that distrust is the mother of Security. You think we have had too much of this at home & too little abroad. A virtuous jealousy even over our own rulers is proper; when it rises too high it is injurious; where it is extinct, liberty expires. In this, as in most things there is a medium, and happy are that people who discover it.
- David Howell, Oct. 18, 1782 letter to Nathanael Greene. [Letters of Delegates to Congress: Volume 19 August 1, 1782 - March 11, 1783.]
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The honorable gentleman from Boston has stated at large most of the checks the people have against usurpation, and the abuse of power, under the proposed Constitution; but from the abundance of his matter, he has, in my opinion, omitted two or three, which I shall mention. The oath the several legislative, executive, and judicial officers of the several states take to support the federal Constitution, is as effectual a security against the usurpation of the general government as it is against the encroachment of the state governments. For an increase of the powers by usurpation is as clearly a violation of the federal Constitution as a diminution of these powers by private encroachment; and that the oath obliges the officers of the several states as vigorously to oppose the one as the other. But there is another check, founded in the nature of the Union, superior to all the parchment checks that can be invented. If there should be a usurpation, it will not be on the farmer and merchant, employed and attentive only to their several occupations; it will be upon thirteen legislatures, completely organized, possessed of the confidence of the people, and having the means, as well as inclination, successfully to oppose it. Under these circumstances, none but madmen would attempt a usurpation. But, sir, the people themselves have it in their power effectually to resist usurpation, without being driven to an appeal to arms. An act of usurpation is not obligatory; it is not law; and any man may be justified in his resistance. Let him be considered as a criminal by the general government, yet only his own fellow-citizens can convict him; they are his jury, and if they pronounce him innocent, not all the powers of Congress can hurt him; and innocent they certainty will pronounce him, if the supposed law he resisted was an act of usurpation. . .
- Theophilus Parsons, Jan., 1788. The Debates in the Several State Conventions, (MASSACHUSETTS), on the Adoption of the Federal Constitution [Elliot's Debates, Volume 2]
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...The judiciary has also given the solemn sanction of its authority to the same view of the case. The judges of the Supreme Court have included the southern States in their circuits, and they are constantly, in banc and elsewhere, exercising jurisdiction which does not belong to them, unless those States are States of the Union.
If the southern States are component parts of the Union, the Constitution is the supreme law for them, as it is for all the other States. They are bound to obey it, and so are we. The right of the federal government, which is clear and unquestionable, to enforce the Constitution upon them, implies the correlative obligation on our part to observe its limitations and execute its guarantees. Without the Constitution we are nothing; by, through, and under the Constitution we are what it makes us We may doubt the wisdom of the law, we may not approve of its provisions, but we cannot violate it merely because it seems to confine our powers within limits narrower than we could wish. It is not a question of individual, or class, or sectional interest, much less of party predominance, but of duty--of high and sacred duty--which we are all sworn to perform. If we cannot support the Constitution with the cheerful alacrity of those who love and believe in it, we must give to it at least the fidelity of public servants who act under solemn obligations and commands which they dare not disregard....
President Andrew Johnson, Dec. 3, 1867, Message to the Senate. [Journal of the Senate of the United States of America. A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875]
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...The News We had of the sailing of the before mentioned Fleet to the Southward, and some other Intelligence induced an Opinion that the Enemy intended to attempt the Possession of this City; and thereupon the Committee of Safety published and distributed a Hand-Bill through Town & Country requesting the Inhabitants to arm and prepare themselves to defend the City. The Account of the Number of the Fleet was exaggerated beyond the Intelligence and beyond all Credibility. What Effect this inflated Hand-Bill had on the People I don't know, for the next Morning they countermanded their Request....
- William Ellery, Nov. 16, 1776 letter to Nicholas Cooke. [Letters of Delegates to Congress: Volume 5 August 16, 1776 - December 31, 1776]
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...The gentleman then proceeds, and inquires why we assumed the language of "We, the people." I ask, Why not? The government is for the people; and the misfortune was, that the people had no agency in the government before. . . . . . What harm is there in consulting the people on the construction of a government by which they are to be bound? Is it unfair? Is it unjust? If the government is to be binding on the people, are not the people the proper persons to examine its merits or defects? I take this to be one of the least and most trivial objections that will be made to the Constitution; it carries the answer with itself....
- Gov. Edmund Randolph, June 4, 1788. The Debates in the Several State Conventions, (Virginia), on the Adoption of the Federal Constitution [Elliot's Debates, Volume 3]
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...Look at history, which has been so often quoted. Look at the great volume of human nature. They will foretell you that a defenceless country cannot be secure. The nature of man forbids us to conclude that we are in no danger from war, The passions of men stimulate them to avail themselves of the weakness of others....
- John Marshall, June 10, 1788. The Debates in the Several State Conventions, (Virginia), on the Adoption of the Federal Constitution [Elliot's Debates, Volume 3]
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I was surprised when I heard introduced the opinion of a gentleman (Mr. Jefferson) whom I highly respect. I know He great abilities of that gentleman. Providence has, for the good of mankind, accompanied those extensive abilities with a disposition to make use of them for the good of his fellow-beings; and I wish, with all my heart, that he was here to assist us on this interesting occasion. As to his letter, impressed as I am with the force of his authority, I think it was improper to introduce it on this occasion. The opinion of a private individual, however enlightened, ought not to influence our decision. But, admitting that this opinion ought to be conclusive with us, it strikes me in a different manner from the honorable gentleman. I have seen the letter in which this gentleman has written his opinion upon this subject. It appears that he is possessed of that Constitution, and has in his mind the idea of amending it--he has in his mind the very question, of subsequent or previous amendments, which is now under consideration. His sentiments on this subject are as follows: "I wish, with all my soul, that the nine first conventions may accept the new Constitution, because it will secure to us the good it contains, which I think great and important. I wish the four latest, whichever they be, may refuse to accede to it till amendments are secured." He then enumerates the amendments which he wishes to be secured, and adds, "We must take care, however, that neither this nor any other objection to the form, produce a schism in our Union. That would be an incurable evil; because friends falling out never cordially reunite." Are these sentiments in favor of those who wish to prevent its adoption by previous amendments? He wishes the first nine states to adopt it. What are his reasons? Because he thinks it will secure to us the good it contains, which he thinks great and important; and he wishes the other four may refuse it, because he thinks it may tend to obtain necessary amendments. But he would not wish that a schism should take place in the Union on any consideration. If, then, we are to be influenced by his opinion at all, we shall ratify it, and secure thereby the good it contains. The Constitution points out a plain and ordinary method of reform, without any disturbance or convulsions whatever. I therefore think that we ought to ratify it, in order to secure the Union, and trust to this method for removing those inconveniences which experience shall point out.
- Edmund Pendleton, June 12, 1788. The Debates in the Several State Conventions, (Virginia), on the Adoption of the Federal Constitution [Elliot's Debates, Volume 3]
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Col. Carrington tells me he has sent you the first volume of the federalist, and adds the 2d by this conveyance. I believe I never have yet {mentioned to you that publication}.(4) It {was undertaken last fall by Jay, Hamilton and myself}. The {proposal came from the two former}. The {execution was thrown by the sickness of Jay mostly on the two others}. Though {carried in concert the writers are not mutually answerable} for {all the ideas of each other} there being {seldom time for even a perusal} of the {pieces by any but the writer before they were wanted at the press} and {sometimes hardly by the writer himself}.
- James Madison, Letter to Thomas Jefferson, Aug. 10. 1788. [Letters of Delegates to Congress: Volume 25 March 1, 1788-December 31, 1789.]
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A motion was made by Mr. Harris further to amend the bill by inserting therein the following section, as the 4th section thereof:
Sec. 4. And be it further enacted, That every person whose rifle or other fire-arm may heretofore have been impressed into the service of the United States by the order of any officer therein employed, and which shall not have been returned or otherwise accounted for, shall be entitled to pay for the same.
And the question being taken,
It was determined in the negative.
- Journal of the House of Representatives of the United States, Jan. 28, 1815.
(Hmmmm, so they used We The People's private arms, but refused to pay for loss or damage? Nice).
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The revolution, in having emancipated us from the shackles of Great Britain, has put the entire government in the hands of one order of people only--freemen; not of nobles and freemen. This is a peculiar trait in the character of this revolution. That this sacred deposit may be always retained there, is my most earnest wish and fervent prayer. That union is the first object for the security of our political happiness in the hands of gracious Providence, is well understood and universally admitted through all the United States....
...What is the object of the division of power in America? Why is the government divided into different branches? For a more faithful and regular administration. Where is there a check? We have more to apprehend from the union of these branches than from the subversion of any; and this union will destroy the rights of the people. There is nothing to prevent this coalition; but the contest which will probably subsist between the general government and the individual governments will tend to produce it. There is a division of sovereignty between the national and state governments. How far, then, will they coalesce together? Is it not to be supposed that there will be a conflict between them? If so, will not the members of the former combine together? Where, then, will be the check to prevent encroachments on the rights of the people? There is not a third essentially distinct branch, to preserve a just equilibrium, or to prevent such encroachments. In developing this plan of government, we ought to attend to the necessity of having checks. I can see no real checks in it....
- James Monroe, June 10, 1788. The Debates in the Several State Conventions, (Virginia), on the Adoption of the Federal Constitution [Elliot's Debates, Volume 3]
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Does a government which is dependent for its existence on others, and which is unable to afford protection to the people, deserve to be continued? But the honorable gentleman has no objections to see little storms in republics; they may be useful in the political as well as in the natural world. Every thing the great Creator has ordained in the natural world is founded on consummate wisdom: but let him tell us what advantages convulsions, dissensions, and bloodshed, will produce in the political world. Can disunion be the means of securing the happiness of the people in this political hemisphere? The worthy member has enlarged on our bill of rights.
Let us see whether his encomiums on the bill of rights be consistent with his other arguments. Our declaration of rights says that all men are by nature equally free and independent. How comes the gentleman to reconcile himself to a government wherein there are an hereditary monarch and nobility? He objects to this change, although our present federal system is totally without energy. He objects to this system, because he says it will prostrate your bill of rights. Does not the bill of rights tell you that a majority of the community have an indubitable right to alter any government which shall be found inadequate to the security of the public happiness? Does it not say "that no free government, or the blessings of liberty, can be preserved to any people, but by a firm adherence to justice, moderation, temperance, frugality, and virtue, and by frequent recurrence to fundamental principles"? Have not the inadequacy of the present system, and repeated flagrant violations of justice, and the other principles recommended by the bill of rights, been amply proved? As this plan of government will promote our happiness and establish justice, will not its adoption be justified by the very principles of your bill of rights?
- George Nicholas, June 10, 1788. The Debates in the Several State Conventions, (Virginia), on the Adoption of the Federal Constitution [Elliot's Debates, Volume 3]
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"...They tell us that, if we be powerful and respectable abroad, we shall have liberty and happiness at home. Let us secure that liberty, that happiness, first, and we shall then be respectable. . . . . The security of our liberty and happiness is the object we ought to have in view in wishing to establish the union. If, instead of securing these, we endanger them, the name of union will be but a trivial consolation. If the objections be removed, if those parts which are deafly subversive of our rights be altered, no man will go farther than I will to advance the union. . . . . We wish only our rights to be secured. We must have such amendments as will secure the liberties and happiness of the people on a plain, simple construction, not on a doubtful ground. We wish to give the government sufficient energy, on real republican principles; but we wish to withhold such powers as are not absolutely necessary in themselves, but are extremely dangerous. We wish to shut the door against corruption in that place where it is most dangerous--to secure against the corruption of our own representatives. We ask such amendments as will point out what powers are reserved to the state governments, and clearly discriminate between them and those which are given to the general government, so as to prevent future disputes and clashing of interests. Grant us amendments like these, and we will cheerfully, with our hands and hearts, unite with those who advocate it, and we will do every thing we can to support and carry it into execution. But in its present form we never can accede to it. Our duty to God and to our posterity forbids it. We acknowledge the defects of the Confederation, and the necessity of a reform. We ardently wish for a union with our sister states, on terms of security, This I am bold to declare is the desire of most the people. On these terms we will most cheerfully join with the warmest friends of this Constitution. On another occasion I shall point out the great dangers of this Constitution, and the amendments which are necessary...."
- George Mason, June 11, 1788. The Debates in the Several State Conventions, (Virginia), on the Adoption of the Federal Constitution [Elliot's Debates, Volume 3]
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James Madison to Alexander Hamilton
My dear Sir N. York Sunday Evening [July 20, 1788]
Yours of yesterday is this instant come to hand(1) & I have but a few minutes to answer it. I am sorry that your situation obliges you to listen to propositions of the nature you describe. My opinion is that a reservation of a right to withdraw if amendments be not decided on under the form of the Constitution within a certain time, is a conditional ratification, that it does not make N. York a member of the New Union, and consequently that she could not be received on that plan. Compacts must be reciprocal, this principle would not in such a case be preserved. The Constitution requires an adoption in toto, and forever. It has been so adopted by the other States. An adoption for a limited time would be as defective as an adoption of some of the articles only. In short any condition whatever must viciate the ratification. What the New Congress by virtue of the power to admit new States, may be able & disposed to do in such case, I do not enquire as I suppose that is not the material point at present. I have not a moment to add more than my fervent wishes for your success & happiness. Js. Madison
[P.S.] This idea of reserving right to withdraw was started at Richmd. & considered as a conditional ratification which was itself considered as worse than a rejection.
RC (DLC: Hamilton Papers). Madison, Papers (Rutland), 11:189.
1 See Hamilton, Papers (Syrett), 5:177--;78.
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Mr. Chairman, I wonder that these gentlemen, learned in the law, should quibble upon words. I care not whether it be called a compact, agreement, covenant, bargain, or what. Its intent is a concession of power, on the part of the people, to their rulers. We know that private interest governs mankind generally. Power belongs originally to the people; but if rulers be not well guarded, that power may be usurped from them. People ought to be cautious in giving away power. These gentlemen say there is no occasion for general rules: every one has one for himself. Every one has an unalienable right of thinking for himself. There can be no inconvenience from laying down general rules. If we give away more power than we ought, we put ourselves in the situation of a man who puts on an iron glove, which he can never take off till he breaks his arm. Let us beware of the iron glove of tyranny. Power is generally taken from the people by imposing on their understanding, or by fetters.
- William Goudy, July 21, 1788. The Debates in the Several State Conventions, (North Carolina), on the Adoption of the Federal Constitution [Elliot's Debates, Volume 4]
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...we should hasten to bring legislation within the boundaries prescribed by the Constitution, and to return to the ancient landmarks established by our fathers for the guidance of succeeding generations. "The Constitution which at any time exists, until changed by an explicit and authentic act of the whole people, is sacredly obligatory upon all." "If, in the opinion of the people, the distribution or modification of the constitutional Power be in any particular, wrong, let it be corrected by an amendment in the way in which the Constitution designates. But let there be no change by usurpation: for" "it is the customary weapon by which free governments are destroyed." Washington spoke these words to his countrymen, when, followed by their love and gratitude, he voluntarily retired from the cares of public life. "To keep in all things within the pale of our constitutional powers, and cherish the federal Union as the only rock of safety," were prescribed by Jefferson as rules of action to endear to his "countrymen the true principles of their Constitution, and promote a union of sentiment and action equally auspicious to their happiness and safety." Jackson held that the action of the general government should always be strictly confined to the sphere of its appropriate duties, and justly and forcibly urged that our government is not to be maintained nor our Union preserved "by invasions of the rights and powers of the several States. In thus attempting to make our general government strong, we make it weak. Its true strength consists in leaving individuals and States as much as possible to themselves; in making itself felt, not in its power, but in its beneficence; not in its control, but in its protection; not in binding the States more closely to the centre, but leaving each to move unobstructed in its proper constitutional orbit." These are the teachings of men whose deeds and services have made them illustrious, and who, long since withdrawn from the scenes of life, have left to their country the rich legacy of their example, their wisdom, and their patriotism. Drawing fresh inspiration from their lessons, let us emulate them in love of country and respect for the Constitution and the laws....
- President Andrew Johnson, Washington, Dec. 3, 1866. [Journal of the House of Representatives of the United States, 1866-1867 CONGRESS OF THE UNITED STATES]
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Monticello, Sep 9. 1792.
Dear Sir,--I wrote you a long letter from Philadelphia early in the summer, which would not now have been worth recurring to, but that I therein asked the favor of you to sound Mr. Henry on the subject you had written to me on, to wit, the amendment of our constitution, and to find whether he would not approve of the specific amendments therein mentioned, in which case the business would be easy. If you have had any conversation with him on the subject I will thank you for the result. As I propose to return from my present office at the close of the ensuing session of Congress, & to fix myself once more at home, I begin to feel a more immediate interest in having the constitution of our country fixed, & in such a form as will ensure a somewhat greater certainty to our laws, liberty, & property, the first & last of which are now pretty much afloat, & the second not out of the reach of every enterprize. I set out for Philadelphia about the 20th, and would therefore be happy to hear from you before that. I am with great & sincere esteem, Dear Sir Your constant friend & servt.
[Note 1 From the original in the possession of the Virginia Historical Society.]
Thomas Jefferson to Archibald Stuart, September 9, 1792. [The Works of Thomas Jefferson in Twelve Volumes. Federal Edition. Collected and Edited by Paul Leicester Ford.]
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...If there ever had been an instance in this or the preceding administrations, of federal judges so applying principles of law as to condemn a federal or acquit a republican offender, I should have judged them in the present case with more charity. All this, however, will work well. The nation will judge both the offender & judges for themselves. If a member of the Executive or Legislature does wrong, the day is never far distant when the people will remove him. They will see then & amend the error in our Constitution, which makes any branch independent of the nation. They will see that one of the great co-ordinate branches of the government, setting itself in opposition to the other two, and to the common sense of the nation, proclaims impunity to that class of offenders which endeavors to overturn the Constitution, and are themselves protected in it by the Constitution itself; for impeachment is a farce which will not be tried again....
- Thomas Jefferson to William B. Giles, April 20, 1807. [The Works of Thomas Jefferson in Twelve Volumes. Federal Edition. Collected and Edited by Paul Leicester Ford.]
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"What constitutes a State?
Not high-raised battlements, or labor'd mound,
Thick wall, or moated gate;
Not cities proud, with spires and turrets crown'd;
No: men, high minded men;
Men, who their duties know;
But know their rights; and knowing, dare maintain.
These constitute a State."
- Thomas Jefferson to John Taylor, May 28, 1816. [The Works of Thomas Jefferson in Twelve Volumes. Federal Edition. Collected and Edited by Paul Leicester Ford.]
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"During the war the respective legislatures of the U. S. passed laws to confiscate & sell, to sequester, take possession of & lease the estates of the loyalists, & to apply the proceeds thereof towards the redemption of certificates & bills of credit, or towards defraying the expenses of the war, to enable debtors to pay into the state treasuries or loan offices paper money, then exceedingly depreciated, in discharge of their debts. Under some of the laws, many individuals were attainted by name, others were banished for ever from the country, &, if found within the state, declared felons without benefit of clergy. In some states, the estates and rights of married women, of widows, & of minors, and of persons who have died within the territories possessed by the British arms were forfeited. Authority, also was given to the executive department to require persons who adhered to the crown to surrender themselves by a given day, & to abide their trials for High treason; in failure of which the parties so required were attainted, were subjected to, & suffered all the pains, penalties, & forfeitures awarded against persons attainted of High treason. In one state (New York) a power was vested in the courts to prefer bills of indictment against persons alive or dead, who had adhered to the king, or joined his fleets or armies, (if in full life & generally reputed to hold or claim, or, if dead, to have held or claimed, at the time of their decease real or personal estate) & upon notice or neglect to appear & traverse the indictment or upon trial & conviction the persons charged in the indictment, whether in full life or deceased, were respectively declared guilty of the offences charged, & their estates were forfeited, whether in possession, reversion or remainder. In some of the states confiscated property was applied to the purposes of public buildings & improvements: in others was appropriated as rewards to individuals for military services rendered during the war, & in one instance property mortgaged to a British creditor, was liberated from the incumbrance by a special act of the legislative, as a provision for the representatives of the mortgager who had fallen in battle."
- Thomas Jefferson to George Hammond, May 29, 1792. [The Works of Thomas Jefferson in Twelve Volumes. Federal Edition. Collected and Edited by Paul Leicester Ford.]
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...The great experiment of a political confederation--each member of which is supreme as to all matters appertaining to its local interests and its internal peace and happiness, while, by a voluntary compact with others, it confides to the united power of all, the protection of its citizens in matters not domestic--has been so far crowned with complete success. The world has witnessed its rapid growth in wealth and population; and, under the guidance and direction of a superintending Providence, the developments of the past may be regarded but as the shadowing forth of the mighty future. In the bright prospects of that future, we shall find, as patriots and philanthropists, the highest inducements to cultivate and cherish a love of union, and to frown down every measure or effort which may be made to alienate the States, or the people of the States, in sentiment and feeling, from each other. A rigid and close adherence to the terms of our political compact, and, above all, a sacred observance of the guarantees of the constitution, will preserve union on a foundation which cannot be shaken; while personal liberty is placed beyond hazard or jeopardy. The guarantees of religious freedom; of the freedom of the press; of the liberty of speech; of the trial by jury; of the habeas corpus, and of the domestic institutions of each of the States, leaving the private citizen in the full exercise of the high and ennobling attributes of his nature, and to each State the privilege (which can only be judiciously exerted by itself) of consulting the means best calculated to advance its own happiness;--these are the great and important guarantees of the constitution, which the lovers of liberty must cherish, and the advocates of union must ever cultivate. Preserving these, and avoiding all interpolations by forced construction, under the guise of an imagined expediency, upon the constitution, the influence of our political system is destined to be as actively and as beneficially felt on the distant shores of the Pacific, as it is now on those of the Atlantic ocean The only formidable impediments in the way of its successful expansion (time and space) are so far in the progress of modification, by the improvements of the age, as to render no longer speculative the ability of representatives from that remote region to come up to the capitol, so that their constituents shall participate in all the benefits of federal legislation. Thus it is that, in the progress of time, the inestimable principles of civil liberty will be enjoyed by millions yet unborn, and the great benefits of our system of government be extended to now distant and uninhabited regions. In view of the vast wilderness yet to be reclaimed, we may well invite the lover of freedom of every land to take up his abode among us, and assist us in the great work of advancing the standard of civilization, and giving a wider spread to the arts and refinements of cultivated life. Our prayers should evermore be offered up to the Father of the Universe for his wisdom to direct us in the path of our duty, so as to enable us to consummate these high purposes.
- President John Tyler, Washington, December 3, 1844. [Journal of the House of Representatives of the United States, 1844-1845. TUESDAY, December 3, 1844.]
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...Without being confronted with his accusers and witnesses, without the privilege of calling for evidence in his behalf, he was sentenced to death, and was afterwards actually executed. Was this arbitrary deprivation of life, the dearest gift of God to man, consistent with the genius of a republican government? Is this compatible with the spirit of freedom? This, sir, has made the deepest impression on my heart, and I cannot contemplate it without horror. There are still a multiplicity of complaints of the debility of the laws. Justice, in many instances, is so unattainable that commerce may, in fact, be said to be stopped entirely. There is no peace, sir, in this land. Can peace exist with injustice, licentiousness, insecurity, and oppression? These considerations, independent of many others which I have not yet enumerated, would be a sufficient reason for the adoption of this Constitution, because it secures the liberty of the citizen, his person and property, and will invigorate and restore commerce and industry. An additional reason to induce us to adopt it is that excessive licentiousness which has resulted from the relaxation of our laws, and which will be checked by this government. Let us judge from the fate of more ancient nations: licentiousness has produced tyranny among many of them: it has contributed as much (if not more) as any other cause whatsoever to the loss of their liberties. I have respect for the integrity of our legislatures; I believe them to be virtuous; but as long as the defects of the Constitution exist, so long will laws be imperfect.....
...We are remotely situated from powerful nations, the dread of whose attack might impel us to unite firmly with one another; nor are we situated in an inaccessibly strong position; we have to fear much from one another. We must soon feel the fatal effects of an imperfect system of union. The honorable gentleman attacks the Constitution, as he thinks it is contrary to our bill of rights. Do we not appeal to the people, by whose authority all government is made? That bill of rights is of no validity, because, I conceive, it is not formed on due authority. It is not a part of our Constitution; it has never secured us against any danger; it has been repeatedly disregarded and violated. But we must not discard the Confederation, for the remembrance of its past services. I am attached to old servants. I have regard and tenderness for this old servant; but when reason tells us, that it can no longer be retained without throwing away all that it has gained us, and running the risk of losing every thing dear to us, must we still continue our attachment? Reason and my duty tell me not. Other gentlemen may think otherwise.
...But, sir, is it not possible that men may differ in sentiments, and still be honest? We have an inquisition within ourselves, that leads us not to offend so much against charity. The gentleman expresses a necessity of being suspicious of those who govern. I will agree with him in the necessity of political jealousy to a certain extent; but we ought to examine how far this political jealousy ought to be carried. I confess that a certain degree of it is highly necessary to the preservation of liberty; but it ought not to be extended to a degree which is degrading and humiliating to human nature; to a degree of restlessness, and active disquietude, sufficient to disturb a community, or preclude the possibility of political happiness and contentment. Confidence ought also to be equally limited. Wisdom shrinks from extremes, and fixes on a medium as her choice. Experience and history, the least fallible judges, teach us that, in forming a government, the powers to be given must be commensurate to the object. A less degree will defeat the intention, and a greater will subject the people to the depravity of rulers, who, though they are but the agents of the people, pervert their powers to their emoluments and ambitious views....
...I shall conclude with a few observations, which come from my heart. I have labored for the continuance of the Union--the rock of our salvation. I believe that, as sure as there is a God in heaven, our safety, our political happiness and existence, depend on the union of the states; and that without this union, the people of this and the other states will undergo the unspeakable calamities which discord, faction, turbulence, war, and bloodshed, have produced in other countries. The American spirit ought to be mixed with American pride, to see the Union magnificently triumphant. Let that glorious pride, which once defied the British thunder, reanimate you again. Let it not be recorded of Americans, that, after having performed the most gallant exploits, after having overcome the most astonishing difficulties, and after having gained the admiration of the world by their incomparable valor and policy, they lost their acquired reputation, their national consequence and happiness, by their own indiscretion. Let no future historian inform posterity that they wanted wisdom and virtue to concur in any regular, efficient government. Should any writer, doomed to so disagreeable a task, feel the indignation of an honest historian, he would reprehend and criminate our folly with equal severity and justice....
- Gov. Edmund Randolph, June 6, 1788. The Debates in the Several State Conventions, (Virginia), on the Adoption of the Federal Constitution [Elliot's Debates, Volume 3]
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...Since the general civilization of mankind, I believe there are more instances of the abridgment of the freedom of the people by gradual and silent encroachments of those in power, than by violent and sudden usurpations; but, on a candid examination of history, we shall find that turbulence, violence, and abuse of power, by the majority trampling on the rights of the minority, have produced factions and commotions, which, in republics, have, more frequently than any other cause, produced despotism. If we go over the whole history of ancient and modern republics, we shall find their destruction to have generally resulted from those causes. If we consider the peculiar situation of the United States, and what are the sources of that diversity of sentiment which pervades its inhabitants, we shall find great danger to fear that the same causes may terminate here in the same fatal effects which they produced in those republics. This danger ought to be wisely guarded against. Perhaps, in the progress of this discussion, it will appear that the only possible remedy for those evils, and means of preserving and protecting the principles of republicanism, will be found in that very system which is now exclaimed against as the parent of oppression....
- James Madison, June 6, 1788. The Debates in the Several State Conventions, (Virginia), on the Adoption of the Federal Constitution [Elliot's Debates, Volume 3]
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...In many localities these guerrillas are in very considerable numbers for instance Col Jackman C. S. A had a force of some 400 or 500 men in the rich and populous counties of Howard and Boone in the central part of the state this band has been in those counties for several months -- are known to have been there recently and are supposed to be still there They have killed Federal soldiers murdered union citizens and stolen large quantities of their property those counties are intensely disloyal and the guerrillas remain with their friends in in perfect security-- recently a band of guerrillas belonging it is beleived to Cobbs command attacked Wright City on the North Missouri Rail Road killed one or two men and burned part of the town they were repulsed by the citizens The trains on that road have been stopped by the guerrillas on several occasions More recently the Steam Boat Marcella was stopped near Dover Landing just below Lexington on the Missouri river by guerrillas the passengers robbed Federal soldiers -- several being on board -- were taken prisoners and were afterwards deliberately murdered-- It was under this conservative policy that the guerilla chieftain Quantrell returned to his old haunts in Jackson County and under its benigne influence his usual force of some 200 or 300 was increased to some 2000 armed ruffians -- many of whom were farmers by day and robbers by night and who after killing or driving out most of the Union families on a territory 40 miles wide and 100 miles long on the border including the populous counties of Jackson Cass and Bates -- shocked the whole country in the commission of that unparalleled act of fiendish barbarity atrocity -- the sacking and buring of Lawrence and the murder of its inhabitants.-- and the most remarkable incident relating to that sad tragedy is the protection afforded by Federal soldiers to the guerrillas on their retreat being closely pursued by the indignant and outraged citizens of Kansas who were threatening them with annihilation They fled to the border with all possible speed and on crossing the state line found themselves fully protected and sheltered from pursuit by a column of troops which Genl Schofield who had just reached the disturbed district had thrown along the state line to check the Kansans in their advance into Missouri.
About this time there was sent to Clay County which did not have in it as citizens 200 loyal men but which did have a regiment of enrolled militia who it is beleived were fully armed -- some three hundred additional guns with which to arm the citizens-- The arms were sent from St Joseph by military authority and are beleived to be guns belonging to the United States-- In pursuance of orders issued by the officer commanding the District of North Missouri requiring the citizens to be disarmed it is beleived that many loyal citizens were disarmed and yet remain so....
...Affairs are rapidly approaching a crisis in Missouri when union men will have to decide as they did in the days of Governor Jacksons treachery between voluntary exile and an independent but united armed defence of their homes-- And for what is this alternative forced upon them? It is that you Mr. President persistently and without any different especial reason that is known to us continue there as Department commander one whose policy has only brought discord and anarchy upon our state and ruin to our people and this you know has been the result of his policy for it has been told you by the largest delegation that has ever travel leded the same distance to ask a redress of grievances of the Chief Magistrate of the nation-- The removal of such commander is to you a very small matter it involves no question of principle-- it occasions no wrong or injury to any one-- Genl. Schofield may can be assigned to a command where there is no complaint against him and where his services may be valuable to his country on and to do so would bring releif to our suffering and desponding people and would at once would fill their hearts with joy and gladness.
Ben Loan
Chairman
[Note 1 ID: Benjamin F. Loan was a brigadier general of Missouri State Militia from 1861 until June 1863. Loan was elected to Congress as an Unconditional Unionist in 1862 and served from 1863 to 1869.]
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...I trust, sir, that observations of this kind are not thrown out to cast a light air on this important subject, or to give any personal bias on the great question before us. I will not agree with gentlemen who trifle with the weaknesses of our country, and suppose that they are enumerated to answer a party purpose, and to terrify with ideal dangers. No. I believe these weaknesses to be real, and pregnant with destruction. Yet, however weak our country may be, I hope we never shall sacrifice our liberties. If, therefore, on a full and candid discussion, the proposed system shall appear to have that tendency, for God's sake, let us reject it! But let us not mistake words for things, nor accept doubtful surmises as the evidence of truth. Let us consider the Constitution calmly and dispassionately, and attend to those things only which merit consideration.
- Alexander Hamilton, Jun 20, 1788. The Debates in the Several State Conventions on the Adoption of the Federal Constitution [Elliot's Debates, Volume 2] THE DEBATES IN THE CONVENTION OF THE STATE OF NEW YORK, ON THE ADOPTION OF THE FEDERAL CONSTITUTION.
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"...The gentlemen, in their reasoning on the subject of corruption, seem to set aside experience, and to consider the Americans as exempt from the common vices and frailties of human nature. It is unnecessary to particularize the numerous ways in which public bodies are accessible to corruption. The poison always finds a channel, and never wants an object. Scruples would be impertinent, arguments would be in vain, checks would be useless, if we were certain our rulers would be good men; but for the virtuous government is not instituted: its object is to restrain and punish vice; and all free constitutions are formed with two views--to deter the governed from crime, and the from tyranny."
- John Lansing, June 24th, 1788. The Debates in the Several State Conventions on the Adoption of the Federal Constitution [Elliot's Debates, Volume 2] THE DEBATES IN THE CONVENTION OF THE STATE OF NEW YORK, ON THE ADOPTION OF THE FEDERAL CONSTITUTION.
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...By a sweeping decree of a Congress subservient to the will of the dictator, the several State constitutions were abolished, and the States themselves converted into mere departments of the Central Government. The people of Texas were unwilling to submit to this usurpation. Resistance to such tyranny became a high duty. Texas was fully absolved from all allegiance to the Central Government of Mexico from the moment that government had abolished her State constitution, and in its place substituted an arbitrary and despotic Central Government.
Such were the principal causes of the Texan revolution. The people of Texas at once determined upon resistance, and flew to arms. In the midst of these important and exciting events, however, they did not omit to place their liberties upon a secure and permanent foundation. They elected members to a convention, who, in the month of March, 1836, issued a formal declaration that their "political connexion with the Mexican nation has forever ended, and that the people of Texas do now constitute a FREE, SOVEREIGN, and INDEPENDENT REPUBLIC, and are fully invested with all the rights and attributes which properly belong to independent nations." They also adopted for their government a liberal republican constitution. About the same time, Santa Anna, then the dictator of Mexico, invaded Texas with a numerous army for the purpose of subduing her people, and enforcing obedience to his arbitrary and despotic government. On the twenty-first of April 1836, he was met by the Texan citizen-soldiers, and on that day was achieved by them the memorable victory of San Jacinto, by which they conquered their independence. Considering the numbers engaged on the respective sides, history does not record a more brilliant achievement. Santa Anna himself was among the captives....
- President James K. Polk, Washington, December 8, 1846 message to U.S. House & Senate.
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Mr. Morris submitted the following motion for consideration; which was ordered to be printed:
1. Resolved, That, in the formation of the federal constitution, the States acted in their sovereign capacities; but the adoption of the same was by the people of the several States, by their agents, specially elected for that purpose; and the people of the several States, by their own free and voluntary assent, entered into the compact of union proposed in the constitution, with the view to "form a more perfect union, establish justice, insure domestic tranquillity, provide for the common defence, promote the general welfare, and secure the blessings of liberty to themselves and their posterity;" and that the means of attaining all those important objects are fully provided for in the grants of power contained in the constitution itself.
2. Resolved, That the people of the several States, in delegating a portion of their power to the Federal Government, which they had formerly exercised by their own Legislatures, severally retained the exclusive and sole right over their domestic institutions, which they had not, by the constitution, granted to the Federal Government; and they reserved to individuals, and to the States in their sovereign character, the full liberty of speech and the press, to discuss the domestic institutions of any of the States, whether political, moral, or religious; and that it would be the exercise of unauthorized power on the part of this Government, or that of any of the States, to attempt to restrain the same; and that any endeavor to do so would be insulting to the people and the States so interfered with, for each State alone has the power to punish individuals for the abuse of this liberty within their own jurisdiction; and whenever one State shall attempt to make criminal, acts done by citizens in another State, which are lawful in the State where dome, the necessary consequence would be to weaken the bonds of our Union.
3. Resolved, That this Government was adopted by the people of the several States of this Union as a common agent, to carry into effect the powers which they had delegated by the constitution; and, in fulfilment of this high and sacred trust, this Government is bound so to exercise its powers as not to interfere with the reserved rights of the States over their own domestic institutions; and it is the duty of this Government to refrain from any attempt, however remote, to operate on the liberty of speech and the press, as secured to the citizens of each State by the constitution and laws thereof; that the United States are bound to secure to each State a republican form of government, and to protect each of them against invasion or domestic violence; and for no other purpose can Congress interfere with the internal police of a State.
4. Resolved, That domestic slavery, as it exists in the southern and western States, is a moral and political evil; and that its existence, at the time of the adoption of the constitution, is not recognised by that instrument as an essential element in the exercise of its powers over the several States; and no change of feeling, on the part of any of the States, can justify them or their citizens in open and systematic attacks on the right of petition, the freedom of speech, or the liberty of the press, with a view to silence either, on any subject whatever; and that all such attacks are manifest violations of the mutual and solemn pledge to protect and defend each other, and, as such, are a manifest breach of faith, and a violation of the most solemn obligations, both political, moral, and religious.
5. Resolved, That it is the indisputable right of any State, or any citizen thereof, as well as an indispensable duty, to endeavor, by all legal and constitutional means, to abolish whatever is immoral and sinful; and that Congress alone possess the power to abolish slavery and the slave trade in this District, or any of the Territories of the United States; and the right of petition, of speech, and of the press, to accomplish this object, is not to be questioned; and that an act of Congress, on this subject, would be within its constitutional powers.
6. Resolved, That the union of these States rests upon the virtue and intelligence of the citizens in supporting the constitution of the United States, and not upon any supposed advantages it may afford to any particular State; and that it is the solemn duty of all, more especially of this body, which represents the States in their sovereign character, to resist all attempts to discriminate between the States; and that it would be unwise, unjust, and contrary to the constitution, to annex any new Territory or State to this confederacy, with the view to the advantage of any State, or its peculiar domestic institutions; that such an attempt would be contrary to that equality of rights which one object of the constitution was to secure alike to all the States; and, if done to favor the slaveholding States, for the purpose of giving to those States a preponderance in this Government, would, in effect, be to establish slavery in all the States.
7. Resolved, That to regulate commerce among the several States is an express power granted by the constitution to the Congress of the United States; that, in the exercise of this power, Congress may rightfully prohibit any article, though made property by the laws of a State, from being used in such commerce, if the same would be detrimental to the general welfare.
8. Resolved, That Congress have possessed the power, since the year 1808, to prohibit the importation of persons into any State as articles of commerce or merchandise.
9. Resolved, That the political condition of the people within the District of Columbia is subject to State regulation; and that Congress, in the exercise of its legislative powers over the district, are bound by the will of their constituents in the same manner as when legislating for the people of the United States generally.
10. Resolved, That this Government was founded and has been sustained by the force of public opinion; and that the free and full exercise of that opinion is absolutely necessary for its healthful action; and that every system which will not bear the test of public investigation is at war with its fundamental principles; and that any proceedings, on the part of those who administer the Government of the United States, or any of the States, or any citizens thereof, which are intended or calculated to make disreputable the free and full exercise of the thoughts and opinions of any portion of our citizens, on any subject connected with the political, moral, or religious institutions of our country, whether expressed by petitions to Congress or otherwise, by attaching to the character of such citizens odious and reproachful names and epithets, strike at the very foundation of all our civil institutions, as well as our personal safety, poison the very fountains of public justice, and excite mobs, and other unlawful assemblies, to deeds of violence and blood; that our only safety is in "tolerating error of opinion while reason is left free to combat it."
- Journal of the Senate of the United States of America, December 29, 1837.
(The above is mainly referring to the First Amendment, obviously. It would be only reasonable to assume that the same spirit applied to our other rights, yes?).
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George Washington to Henry Lee, October 20, 1794
[Note 8: Also the commander in chief of the militia army marching against the insurrectionists in western Pennsylvania.]
Bedford, October 20, 1794.
Sir: Being about to return to the seat of government, I cannot take my departure without conveying through you to the Army under your command the very high sense I entertain of the enlightened and patriotic zeal for the constitution and the laws which has led them chearfully to quit their families and homes and the comforts of private life to undertake and thus far to perform a long and fatiguing march and to encounter and endure the hardships and privations of a Military life. Their conduct hitherto affords a full assurance that their perseverance will be equal to their zeal and that they will continue to perform with alacrity whatever the full accomplishment of the object of their march shall render necessary.
No citizens of the U. States can ever be engaged in a service more important to the Country. It is nothing less than to consolidate and to preserve the blessings of that Revolution which at much expense of blood and treasure constituted us a free and independent Nation. It is to give the world an illustrious example, of the utmost consequence to the cause of mankind. I experience a heart-felt satisfaction in the conviction that the Conduct of the troops throughout will be in every respect answerable to the goodness of the cause and the magnitude of the stake.
There is but one point on which I think it proper to add a special recommendation. It is this, that every officer and soldier will constantly bear in mind that he comes to support the laws and that it would be peculiarly unbecoming in him to be in any way the infractor of them; that the essential principles of a free government confine the provinces of the Military to these two objects: 1st: to combat and subdue all who may be found in arms in opposition to the National will and authority; 2dly to aid and support the civil Magistrate in bringing offenders to justice. The dispensation of this justice belongs to the civil Magistrate and let it ever be our pride and our glory to leave the sacred deposit there unviolated. Convey to my fellow citizens in arms my warm acknowledgments for the readiness with which they have seconded me in the most delicate and momentous duty the chief Magistrate of a free people can have to perform and add my affectionate wishes for their health comfort and success. Could my further presence with them have been necessary or compatible with my civil duties at a period when the approaching commencement of a session of Congress particularly urges me to return to the seat of Government, it would not have been withheld. In leaving them I have the less regret, as I know I commit them to an able and faithful director; and that this director will be ably and faithfully seconded by all.9
[Note 9: From the "Letter Book" copy in the Washington Papers. The entire letter was published in General Lee's orders of Oct. 21, 1794.]
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"The legislative history of the Second Amendment reinforces how the constitutional framers were anxious to preserve a civilian, unorganized militia in contrast to the federally controlled organized militia. In an effort to prevent any usurping federal military power independent and superior to the civil power and rights of the people, the decentralized peoples militia expressed a check against government. Furthermore, if either federal or state government invaded private rights, The Federalist No. 28 argued for the deterrent of an armed people. Private individuals were entitled to bear arms even apart from membership in the militia."
- Leonard P. Liggio, Literature of Liberty: A Review of Contemporary Liberal Thought was published first by the Cato Institute (1978-1979).
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"The great and direct end of government is liberty. Secure our liberty and privileges, and the end of government is answered. If this be not effectually done, government is an evil."
- Patrick Henry, June 25, 1788, The Debates in the Several State Conventions on the Adoption of the Federal Constitution, (Virginia). [Elliot's Debates, Volume 3].
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