
John Hancock, (Standing).
I hope he who controuls all Events will still Espouse our Cause, & give such success to our Arms in other Quarters as from the Righteousness of our Cause & our Real Reliance on him he shall judge fit.
- John Hancock, July 19, 1776 to the New Jersey Convention. [Letters of Delegates to Congress: Volume 4.]
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Letters of Delegates to Congress: Volume: 3
John Hancock to William Alexander
My Lord, Philada . March 15th 1776. I had the Honour of receiving your Letters of the 12th [i.e. 10th] and 13th, which were immediately laid before Congress.(1)
Whatever may be the Designs of General Howe, it appears from all the Intelligence received, more than probable, that the Ministry will make an Effort to gain Possession of New York. It is therefore the Desire of the Congress, by all possible Means, to provide for the Defence of that Place.
They have the Satisfaction to find, by the Report of a Committee appointed to confer with General Lee on that Subject,(2) that though the City of New York cannot easily be made defensible against an Attack by Sea, yet it may be made an advantageous Field of Battle, and that by Works thrown up in proper Places, the Enemy may be prevented from gaining Possession of it, and making it a Place of Arms. It is therefore the Desire of Congress, that you would exert the utmost Dilligence in erecting the Works, and perfecting the Defence agreeable to the Plan he left you.
By the enclosed Resolves you will perceive, the Congress have voted eight Thousand Men for the Defence of the Colony of New York. Three Battalions, & a Company of Rifle-Men from Pennsylvania, and one Battalion from New Jersey are ordered to join you with all Expedition. Col. Irvine's Battalion and the Rifle Company are said to be compleatly armed. The Rest are not so well provided as could be wished. But by the Resolve for taking the Arms out of the Hands of the disaffected and Non-associators, it is hoped, they may be soon supplied.(3)
As the Tempest approaches and threatens to burst upon them, I flatter myself the Convention of New York will strain every Nerve in speedily raising and arming the four Battalions, ordered to be raised there for the Defence of their Colony.
Until these Battalions can be got ready, the Congress approve your calling some Militia to your Aid; and I am directed to request the Governor of Connecticut, the Conventions of New York and New Jersey, to hold their Militia in Readiness to march in such Numbers, and at such Times, as may be desired by the Commander of the Forces at New York.(4) This large Power I have no Doubt will be exercised with the greatest Discretion, as the Exigince of Affairs may require.
The Congress have a just Sense of the Importance of defending New York. But as they conceive this may be done by the Means pointed out, they would not have the Measures interrupted which are taken for accomplishing their Views in Canada. I have it therefore in Command to direct you, to order the Troops destined for Canada to proceed on their March agreeably to their former Orders.(5)
I have the Honour to be, My Lord, your Lordship's most obedt. & very hble Sevt . John Hancock Presidt.
[P.S.] The Inclos'd Letter for Govr. Trumbull,6 I beg the favour you will immediately forward to him by a fresh Express, & Return to me the Man I Send to you, as soon as your Dispatches are ready.
RC (NjP). In the hand of Jacob Rush, with signature and postscript by Hancock.
1 Alexander's letters of March 10 and 13, which were read in Congress on March 15 JCC, 4:206), are in PCC, item 162, 2:447-48, 451, and Am. Archives, 4th ser. 5:17576, 202.
2 This committee's report of March 14 is printed in the journals and is followed by Congress' subsequent resolutions pertaining to New York. See JCC, 4:201-4, 206-7.
3 This resolve was adopted by Congress on March 14. JCC, 4:205.
4 See JCC, 4:207.
5 Ibid.
6 See Hancock to Jonathan Trumbull, Sr., this date.
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"Man is a cestui que trust, not a slave. His right is God-given. Its power is Divinely intrusted for the conservation of his right. All the theories of Hobbes and his utilitarian followers, which place his title to liberty in the will of the Body-politic, or by the grace of government (Hobbes' Leviathan), or of Rousseau and others, which deduce them from a real or hypothetical contract made for him by a dead ancestry or by himself, or implied from his acquiescence, are alike false and fatal to his interests. Deriving his title from God, his claim is higher than the power of all governments. His right precedes its power; and power is God-given to guard God-given right. Man is placed by God in wardship to the Body-politic as his guardian and the guardian's power is legitimate only when it protects, and is ultra vires when it impairs the right of the man."
- John Randolph Tucker, L.L.D., "The Constitution of the United States, A Critical Discussion of its Genesis, Development, and Interpretation", 1899. (Grandson of St. George Tucker, author of "Blackstone's Commentaries", 1803. The first commentary on the Constitution of the United States).
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"It would give to persons of the negro race, who were recognised as citizens in any one State of the Union . . .the full liberty . . .to keep and carry arms wherever they went...."
"More especially, it cannot be believed that the large slaveholding States regarded them as included in the word citizens, or would have consented to a Constitution which might compel them to receive them in that character from another State. For if they were so received, and entitled to the privileges and immunities of citizens, it would exempt them from the operation of the special laws and from the police regulations which they considered to be necessary for their own safety. It would give to persons of the negro race, who were recognized as citizens in any one State of the Union, the right to enter every other State whenever they pleased, singly or in companies, without pass or passport, and without obstruction, to sojourn there as long as they pleased, to go where they pleased at every hour of the day or night without molestation, unless they committed some violation of law for which a white man would be punished; and it would give them the full liberty of speech in public and in private upon all subjects upon which its own citizens might speak; to hold public meetings upon political affairs, and to keep and carry arms wherever they went."
- U.S Supreme Court, Dred Scott v. Sandford, 60 U.S. 393 (1856).
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"...True it is, their bill of rights seems at first view to counteract this policy: but the right of
bearing arms is confined to Protestants, and the words suitable to their condition and degree, have been interpreted to authorise the prohibition of keeping a gun or other engine for the destruction of game, to any farmer, or inferior tradesman, or other person not qualified to kill game. So that not one man in five hundred can keep a gun in his house without being subject to a penalty...."
"...In America we may reasonably hope that the people will never cease to regard the right of keeping and bearing arms as the surest pledge of their liberty...."
- St. George Tucker, Blackstone's Commentaries, (1803).
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The American 'Nazi' Gun Control Act of 1968:
"The Jews for the Preservation of Firearms Ownership and the Gun Owners Alliance both claim that the GCA was inspired by the earlier National Weapons Law of Nazi Germany. This claim, disputed by some, is based on the JPFO's findings that the GCA's author, Senator Thomas J. Dodd, requested that the Library of Congress translate a copy of the Nazi-era National Weapons Law of Germany (which he most likely obtained while serving as a war-crimes prosecutor at Nuremberg), and adapt its language to the American legal system. A side-by-side comparison of the two laws supports the existence of several similarities with the Nazi-era law, which was used to strip opposition groups, dissidents, Jews, and other undesirables from their ability to defend themselves or conduct an effective underground resistance movement within Nazi Germany. The primary similarities stem from key gun control concepts like 'sporting use' and 'prohibited persons', all of which subsequently appeared in the Gun Control Act of 1968."
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Letters of Delegates to Congress: Volume 1
A Delegate in Congress to a Correspondent in London
[August 24, 1775] You will see by the publick Papers some of the Proceedings of our Congress; the rest will soon be published. Three million of Dollars are now striking by their Orders, for defending the Rights of America. The very Quakers in this and other Provinces are in Arms, and appear in the Field every Day in their Regimentals, and make as good a Figure as the best; you may be sure we are in earnest, when they handle a Musquet.
All trade to England, and every other Part of the World, will most certainly be stopped on the 10th of next Month, and if the Ministry do not very soon see the Justice and Equity of placing the Colonies in the same Situation they were in before the Year 1763, in which both Sides experience Satisfaction and mutual Benefit, then you may expect to hear in the Course of next Winter that the Congress have opened all our Ports to every foreign Power that will come with their Manufactures, and trade with US for our Produce. Whether that will not be one Means of dissolving our Connection entirely with Great Britain, I shall leave to wiser Heads to determine; I am far, very far, from wishing such an Event; but, nevertheless, I am very apprehensive, from the present Temper of our People, that a few more violent Steps will lay a Foundation for it.
MS not found; reprinted from the Daily Advertiser (London), October 19, 1775. Printed under the heading: "Extract of a Letter from one of the Gentlemen of the Provincial Congress at Philadelphia, Aug. 24." Force, who took his text and date for this letter from the Weekly! Magazine, or Edinburgh Amusement, October 26,
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While men inhabiting different parts of this vast continent can no more be expected to hold the same opinions, or entertain the same sentiments, than every variety of climate or soil can be expected to furnish the same agricultural products, they can unite in a common object and sustain common principles essential to the maintenance of that object. The gallant men of the south and the north could stand together during the struggle of the revolution; they could stand together in the more trying period which succeeded the clangor of arms. As their united valor was adequate to all the trials of the camp and dangers of the field, so their united wisdom proved equal to the greater task of founding, upon a deep and broad basis, institutions which it has been our privilege to enjoy, and will ever be our most sacred duty to sustain. It is but the feeble expression of a faith strong and universal to say that their sons, whose blood mingled so often upon the same field during the war of 1812, and who have more recently borne in triumph the flag of the country upon a foreign soil, will never permit alienation of feeling to weaken the power of their united efforts, nor internal dissensions to paralyze the great arm of freedom, uplifted for the vindication of self-government.
- President Franklin Pierce, Dec. 5, 1853 message to the U.S. House and Senate. [Journal of the Senate of the United States of America, 1789-1873 TUESDAY, December 6, 1853.]
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...Mr. Sumner presented a memorial of colored people of South Carolina, praying the enactment of laws for the protection of the lives and property of all persons in that State, without regard to color; that the right of suffrage may be granted to colored persons on equal terms with white persons; that colored persons shall not, in all cases, be tried by juries of white men; that colored men may not be excluded from the jury-box, nor denied the right of bearing arms; which was referred to the Joint Committee to inquire into the condition of the States which formed the so-called Confederate States of America.
- MONDAY, January 22, 1866. [Journal of the Senate of the United States of America, 1789-1873.]
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Letters of Delegates to Congress: Volume 4
William Whipple to Joshua Brackett
My Dear Sir Philadelphia, 2nd June, 1776 I am much obliged by your favor of the 21st ult. I must confess that I something wonder that people should move their families and effects into town just at this time, when Britain is collecting her whole strength, aided by every possible Foreign power, she can engage and determined to push the war with the utmost fury. I by no means think she will be able to execute her plans, but still I think it would be prudent for people who move there effects into the country to secure them from danger, to let them remain while the danger continues. My greatest objection to these movings is, that if there should be an alarm, people will be engaged about their goods when they should have arms in their hands to oppose the enemy. As every thing depends on this summer's campaign, every nerve should be exerted and if we are successful, which by divine assistance I am in no doubt of, our enemies will not be able to support the war another year. The terms on which Britain has taken troops of the German States will undoubtedly render her contemptible in the eyes of all Europe. (1)
Tr (MH).
1 In addition to this fragment of Whipple's letter, the following extract and summary of additional subjects Whipple discussed was printed in a 1967 auction catalog describing the letter. "'You want to know when another name is to be adopted instead of the United Colonies; the free Independent States of America is the common toast in this City k I hope ere long will be established by Congress....' Mentions his brother's problems, naval action on the Delaware river, and vessals arriving from the West Indies with ammunition and supplies." Parke-Bernet Galleries Catalog, no. 2569 (May 16, 1967), item 66.
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The Writings of George Washington from the Original Manuscript Sources, 1745-1799. John C. Fitzpatrick, Editor.
George Washington to Massachusetts Safety Committee, July 9, 1776
New York, July 9, 1776.
Gentn.: You will perceive by the inclosed Declaration, which I have the honor to transmit you, that Congress of late have been employed in deliberating on Matters of the utmost Importance. Impelled by Necessity and a Repetition of Injuries unsufferable without the most distant prospect of relief, they have asserted the Claims of the American Colonies to the rights of Humanity and declared them, Free and Independent States.97
[Note 97: Whether Washington inclosed one of the John Dunlap broadsides of the Declaration of Independence or a manuscript copy is not known to the editor.]
Judging from a variety of circumstances, that the British Arms are meant to be directed this Campaign against the State of New York, to effect Its reduction; they have empowred to order the three fullest Regiments of their Troops in the Massachusetts Bay, to reinforce our Northern Army, as you will see, by a Copy of their Resolve which I have inclosed; I have accordingly requested General Ward to detach them with all possible expedition, to join that Army and prevent the fatal and alarming consequences that would result from the Enemies passing the Lakes and making an impression on our Frontiers. I am almost morally certain, that no attempts will be made on the Massachusetts Bay; and if there should, they must prove abortive and ineffectual. The Militia, Independent of other Troops, being more than competent to all the purposes of defensive War; However should it be deemed expedient by your Honble Body, Congress have Authorised you to embody and take into pay a Number of Militia, equal to the Regiments to be detached. I have etc.
...Properly guarded by the provisions of law, it can run into no dangerous evil, nor can any abuse arise under it but such as the Legislature itself will be answerable for, if it be tolerated; since it is but the creature of the law, and is susceptible at all times of modification, amendment, or repeal, at the pleasure of Congress. I know that it has been objected that the system would be liable to be abused by the Legislature, by whom alone it could be abused, in the party conflicts of the day; that such abuse would manifest itself in a change of the law which would authorize an excessive issue of paper for the purpose of inflating prices and winning popular favor. To that it may be answered, that the ascription of such a motive to Congress is altogether gratuitous and inadmissible. The theory of our institutions would lead us to a different conclusion. But a perfect security against a proceeding so reckless, would be found to exist in the very nature of things. The political party which should be so blind to the true interests of the country, as to resort to such an expedient, would inevitably meet with final overthrow in the fact that, the moment the paper ceased to be convertible into specie, or otherwise promptly redeemed, it would become worthless, and would, in the end, dishonor the Government, involve the people in ruin, and such political party in hopeless disgrace....
- President John Tyler, December 7, 1842 message to the U.S. House and Senate. [Journal of the Senate of the United States of America, 1789-1873. WEDNESDAY, December 7, 1842.]
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...But here, I cannot forbear to recommend a repeal of the tax on the transportation of public prints. There is no resource so firm for the Government of the United States, as the affections of the people guided by an enlightened policy; and to this primary good, nothing can conduce more, than a faithful representation of public proceedings, diffused, without restraint, throughout the United States....
- President George Washington, December 3, 1793 Address to Congress. [The Writings of George Washington from the Original Manuscript Sources, 1745-1799. John C. Fitzpatrick, Editor.]
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"It is manifest that, by enlarging the basis of our system and increasing the number of States, the system itself has been greatly strengthened in both its branches. Consolidation and disunion have thereby been rendered equally impracticable. Each government, confiding in its own strength, has less to apprehend from the other; and, in consequence, each enjoying a greater freedom of action, is rendered more efficient for all the purposes for which it was instituted. It is unnecessary to treat, here, of the vast improvement made in the system itself, by the adoption of this constitution, and of its happy effect in elevating the character, and in protecting the rights of the nation; as well as of individuals. To what then do we owe these blessings? It is known to all, that we derive them from the excellence of our institutions. Ought we not then to adopt every measure, which may be necessary to perpetuate them?"
- President James Monroe, Dec. 2, 1823 message to the U.S. House and Senate. [Journal of the Senate of the United States of America.]
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Letters of Delegates to Congress: Volume 1
Thomas Lynch to Ralph Izard
Dear Sir:
Philadelphia,
July 7, 1775.
I this day received your favor dated at Rome, in which you say that you had received no letter from me. Be assured that I wrote two or three, and enclosed you the proceedings of our Congress, and sent them to Mr. Stead, with directions to forward them to you wherever you are.
It gives me much pleasure to hear that those proceedings are approved by the world. We have, indeed, the same accounts from several quarters. America, we hear, is looked up to as the last resource of liberty and the common rights of mankind. Brave and generous, we fight for mankind, and they say, "to it, brave boys," but afford us not one necessary of war--not a musket or bayonet, not a grain of powder. England has cut off our usual supply. Holland and France follow the noble example. They say the Americans are cowards, poltroons, dare not fight; yet these doughty heroes take care to deprive us of the means of defence. If we are so fearful, why disarm us? But they know the contrary. In the first of General Gage's attempts against the people, his regulars were put to flight by half their number of militia, without officers or commanders.... This account comes through men of character on the spot, and may be depended on; it is confirmed by most undoubted letters, and you may say so.
There are now marching to the camp, a thousand riflemen. They are, at 'listing, rejected, unless they can hit a playing-card, without a rest, at one hundred and twenty yards distance. Almost every fencible man, in all the colonies, is trained, and ready to supply any loss. The regulars have, in any case, never appeared equal to our troops, man for man. What, then, have we to fear? Loss of money, alone; and may the wretch perish, who puts that in competition. Will Lord Effingham come to us? he would be almost adored.(1)
Dear sir, can the friends of old England find no way to stop this fatal war going on--to the certain destruction of that once great state? All America pants for reconciliation; they dread, what may be easily prevented by government, a total separation. Should war go on another year, a government must be formed here--it is unavoidable; and when once that is done, it will be, I fear, impossible to restore the connection. When America acts unitedly, she will feel herself too strong to submit to such restrictions as she now does. In short, the time will be past.
The people of New-York are now fixed on the side of liberty. Georgia is near coming in.
Mrs. Lynch unites with me, in compliments to Mrs Izard. We hope to see you, before we leave this part of America. Your affectionate friend, Thomas Lynch.
MS not found; reprinted from Ralph Izard, Correspondence of Mr. Ralph Izard of South Carolina, from the Year 1774 to 1804; with a Short Memoir, ed. Anne Izard Deas (New York: Charles S. Francis 8; Co., 1844), pp. 99-101.
1 Thomas Howard, third Earl of Effingham (1747-91), eccentric British Army officer, was well known for his sympathy with the American cause both before and during the War for Independence, Sir Egerton Brydges, K. J., Collins' Peerage of England; Genealogical, Biographical, and Historical . . ., 9 vols. London: F. C. and J. Rivington et al., 1812), 4:282.
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Resolved . . . . That, when the governors of any people shall have betrayed the confidence reposed in them, and shall have exercised that authority with which they have been clothed for the general welfare, to promote their own private ends, under the basest motives, and to the public detriment, it is the unalienable right of a People, so circumstanced, to revoke the authority thus abused, to resume the rights thus attempted to be bartered, and to abrogate the act thus endeavoring to betray them....
- Journal of the House of Representatives of the United States, Feb. 20, 1804. (Concerning an act done by the Legislature of the State of Georgia).
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...Mr. Loughridge submitted the following resolution; which was read, considered, and agreed to, viz:
Resolved, That this house view with deep interest the heroic struggle of the Cretans to free themselves from the yoke of Turkish despotism, and to achieve their independence as a people, and that liberty which is the inalienable right of all men; and that we, in common with the whole American people, sympathize with them in their sufferings, and ardently wish them speedy triumph....
- Journal of the House of Representatives of the United States, July 20, 1868.
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"Bearing arms for the common defense may well be held to be a political right, or for the protection and maintenance of such rights, intended to be guaranteed; but the right to keep them, with all that is implied fairly as an incident to this right, is a private individual right, guaranteed to the citizen, not the soldier."
- Andrews v. State, 50 Tenn. at 156, 3 Heisk. at 182. (1871).
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"Bad men cannot make good citizens. It is when a people forget God that tyrants forge their chains...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 a frequent recurrence to fundamental principles."
- Patrick Henry
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...Notwithstanding the suspected infidelity of the post, I must hazard this communication. The minority in the H of R, after seeing the impossibility of electing B, the certainty that a legislative usurpation would be resisted by arms, and a recourse to a convention to re-organize and amend the government, held a consultation on this dilemma, whether it would be better for them to come over in a body and go with the tide of the times, or by a negative conduct suffer the election to be made by a bare majority, keeping their body entire & unbroken, to act in phalanx on such ground of opposition as circumstances shall offer; and I know their determination on this question only by their vote of yesterday. Morris of V withdrew, which made Lyon's vote that of his State. The Maryland federalists put in 4. blanks, which made the positive ticket of their colleagues the vote of the State. S Carolina & Delaware put in 6. blanks. So there were 10. States for one candidate, 4. for another, & 2. blanks. We consider this, therefore, as a declaration of war, on the part of this band. But their conduct appears to have brought over to us the whole body of the federalists, who, being alarmed with the danger of a dissolution of the government, had been made most anxiously to wish the very administration they had opposed, & to view it when obtained, as a child of their own. They [ illegible] too their quondam leaders separated fairly from them, and themselves relegated under other banners. Even Hamilton & Higginson have been partisans for us....
- Thomas Jefferson, Feb 18, 1801 Letter to James Madison. [The Works of Thomas Jefferson in Twelve Volumes. Federal Edition. Collected and Edited by Paul Leicester Ford.]
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I know, sir, that the people talk about the liberty of nature, and assert that we divest ourselves of a portion of it when we enter into society. This is declamation against matter of fact. We cannot live without society; and as to liberty, how can I be said to enjoy that which another may take from me when he pleases? The liberty of one depends not so much on the removal of all restraint from him, as on the due restraint upon the liberties of others. Without such restraint, there can be no liberty. Liberty is so far from being endangered or destroyed by this, that it is extended and secured. For I said that we do not enjoy that which another may take from us. But civil liberty cannot be taken from us, when any one may please to invade it; for we have the strength of the society on our side.
I hope, sir, that these reflections will have some tendency to remove the ill impressions which are made by proposing to divest the people of their power.
That they may never be divested of it, I repeat that I am in favor of frequent elections. They who commend annual elections are desired to consider, that the question is, whether biennial elections are a defect in the Constitution; for it does not follow, because annual elections are safe, that biennial are dangerous; for both may be good. Nor is there any foundation for the fears of those, who say that if we, who have been accustomed to choose for one year only, now extend it to two, the next stride will be to five or seven years, and the next for term of life; for this article, with all its supposed defects, is in favor of liberty. Being inserted in the Constitution, it is not subject to be repealed by law. We are sure that it is the worst of the case. It is a fence against ambitious encroachments, too high and too strong to be passed. In this respect, we have greatly the advantage of the people of England, and of all the world. The law which limits their Parliaments is liable to be repealed.
I will not defend this article by saying that it was a matter of compromise in the federal Convention. It has my entire approbation as it stands. I think that we ought to prefer, in this article, biennial elections to annual; and my reasons for this opinion are drawn from these sources: --
From the extent of the country to be governed;
The objects of their legislation;
And the more perfect security of our liberty.
It seems obvious that men who are to collect in Congress from this great territory, perhaps from the Bay of Fundy, or from the banks of the Ohio, and the shore of Lake Superior, ought to have a longer term in office, than the delegates of a single state, in their own legislature. It is not by riding post to and from Congress that a man can acquire a just knowledge of the true interests of the Union. This term of election is inapplicable to the state of a country as large as Germany, or as the Roman empire in the zenith of its power.
If we consider the objects of their delegation, little doubt will remain. It is admitted that annual elections may be highly fit for the state legislature. Every citizen grows up with a knowledge of the local circumstances of the state. But the business of the federal government will be very different. The objects of their power are few and national. At least two years in office will be necessary to enable a man to judge of the trade and interests of the state which he never saw. The time, I hope, will come, when this excellent country will furnish food, and freedom, (which is better than food, which is the food of the soul,) for fifty millions of happy people. Will any man say that the national business can be understood in one year?
Biennial elections appear to me, sir, an essential security to liberty. These are my reasons: --
Faction and enthusiasm are the instruments by which popular governments are destroyed. We need not talk of the power of an aristocracy. The people, when they lose their liberties, are cheated out of them. They nourish factions in their bosoms, which will subsist so long as abusing their honest credulity shall be the means of acquiring power. A democracy is a volcano, which conceals the fiery materials of its own destruction. These will produce an eruption, and carry desolation in their way. The people always mean right; and, if time is allowed for reflection and information, they will do right. I would not have the first wish, the momentary impulse of the public mind, become law; for it is not always the sense of the people, with whom I admit that all power resides. On great questions, we first hear the loud clamors of passion, artifice, and faction. I consider biennial elections as a security that the sober, second thought of the people shall be law. There is a calm review of public transactions, which is made by the citizens who have families and children, the pledges of their fidelity. To provide for popular liberty, we must take care that measures shall not be adopted without due deliberation. The member chosen for two years will feel some independence in his seat. The factions of the day will expire before the end of his term.
The people will be proportionably attentive to the merits of a candidate. Two years will afford opportunity to the member to deserve well of them, and they will require evidence that he has done it.
But, sir, the representatives are the grand inquisition of the Union. They are, by impeachment, to bring great offenders to justice. One year will not suffice to detect guilt, and to pursue it to conviction; therefore they will escape, and the balance of the two branches will be destroyed, and the people oppressed with impunity. The senators will represent the sovereignty of the states. The representatives are to represent the people. The offices ought to bear some proportion in point of importance. This will be impossible if they are chosen for one year only.
Will the people, then, blind the eyes of their own watchmen? Will they bind the hands which are to hold the sword for their defence? Will they impair their own power by an unreasonable jealousy of themselves?....
- Fisher Ames, Jan. 15, 1788. [The Debates in the Several State Conventions on the Adoption of the Federal Constitution [Elliot's Debates, Volume 2] DEBATES IN THE CONVENTION OF THE COMMONWEALTH OF MASSACHUSETTS, ON THE ADOPTION OF THE FEDERAL CONSTITUTION.]
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"At the first dawn the whole body of the people, armed and unarmed, came together into the Achradina to the senate-house; and there, from an altar of Concord, which stood in the place, one of the principal nobles, by name Polyζnus, made a speech fraught with sentiments both of liberty and moderation. He said that men who had experienced the hardships of servitude and insult, knew the extent of the evil against which they vented their resentment; but what calamities civil discord introduces, the Syracusans could have learned only from the relations of their fathers, not from their own experience. He applauded them for the readiness with which they had taken arms, and would applaud them yet more if they did not make use of them unless constrained by the last necessity."
- Titus Livius (Livy), The History of Rome by Titus Livius. Translated from the Original with Notes and Illustrations by George Baker, A.M.. First American, from the Last London Edition, in Six Volumes (New York: Peter A. Mesier et al., 1823). Vol. 3.
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Monticello Jan. 18.26
Dear Sir
Yours of the 11th is recieved. Those of Nov. 2 and Dec.14 have been so in due time. I suppose I had not acknoleged them specificall from being too lazy to recur to them while writing mine of the 3d. I thank you for your information from Mr. Boyd and shall desire the instruments to remain in their present position until I can find a safe and public conveyance and give an order for them. The Russian discourse was duly reviewed and was read with the feelings [they] it would naturally create in the breast of a friend to the Rights of Man. On the subject of emancipation I have ceased to think because not to be a work of my day. The plan of converting the blacks into Serfs would certainly be better than keeping them in their present condition, but I consider that of expatriation to the governments of the W.I. of their own colour as entirely practicable, and greatly preferable to the mixture of colour here, to this I have great aversion; but I repeat my abandonment of the subject. My health is at present as good as I ever expect it to be, and I am ever and affectionately yours, ... TH. Jefferson
RC ( Jefferson Papers, DLC)
- Thomas Jefferson, Letter to William Short, January 18, 1826. [Thomas Jefferson and William Short Correspondence, Transcribed and Edited by Gerard W. Gawalt, Manuscript Division, Library of Congress.]
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...In a country where offices are created solely for the benefit of People, no one man has any more intrinsic right to official station than another. Offices were not established to give support to particular men, at the public expense. No individual wrong is therefore done by removal, since neither appointment to, nor continuance in, office, is matter of right. The incumbent became an officer with a view to public benefits; and when these require his removal, they are not to be sacrificed to private interests. It is the People, and they alone, who have a right to complain, when a bad officer is substituted for a good one. He who is removed has the same means of obtaining a living, that are enjoyed by the millions who never held office. The proposed limitation would destroy the idea of property, now so generally connected with official station; and although individual distress may be sometimes produced, it would, by promoting that rotation which constitutes a leading principle in the republican creed, give healthful action to the system....
- President Andrew Jackson, Dec. 8th, 1829 Address to U.S. House and Senate. [Journal of the House of Representatives of the United States, TUESDAY, December 8, 1829.]
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...Upon this country, more than any other, has, in the providence of God, been cast the special guardianship of the great principle of adherence to written constitutions. If it fail here, all hope in regard to it will be extinguished. That this was intended to be a Government of limited and specific, and not general powers, must be admitted by all; and it is our duty to preserve for it the character intended by its framers. If experience points out the necessity for an enlargement of these powers, let us apply for it to those for whose benefit it is to be exercised; and not undermine the whole system by a resort to overstrained constructions. The scheme has worked well. It has exceeded the hopes of those who devised it, and become an object of admiration to the world. We are responsible to our country, and to the glorious cause of self-government, for the preservation of so great a good....
- President Andrew Jackson, Dec. 8th, 1829 Address to U.S. House and Senate. [Journal of the House of Representatives of the United States, TUESDAY, December 8, 1829.]
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...With respect to a standing army, I believe there was not a member in the federal convention who did not feel indignation at such an institution. What remedy then could be provided? -- Leave the country defenceless? In order to provide for our defence, and exclude the dangers of a standing army, the general defence is left to those who are the objects of defence. It is left to the militia who will suffer if they become the instruments of tyranny. The general government must have power to call them forth when the general defence requires it. In order to produce greater security, the state governments are to appoint the officers. The president, who commands them when in the actual service of the union, is appointed secondarily by the people. -- This is a further security. It is not incredible that men who are interested in the happiness of their country, whose friends, relations, and connections, must be involved in the fate of their country, should turn against their country ? I appeal to every man, whether, if any of our own officers were called upon to destroy the liberty of their country, he believes they would assent to such an act of suicide? The state governments having the power of appointing them, may elect men who are the most remarkable for their virtue & attachment to their country...
- Governor Randolph, June 14th, 1788, Debate in the Virginia Convention. [The Records of the Federal Convention of 1787 [Farrand's Records, Volume 3. CCX.]
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...I have observed that gentlemen suppose that the general legislature will do every thing mischievous they possibly can, and that they will omit to do every thing good which they are authorized to do. If this were a reasonable supposition, their objections would be good. I consider it reasonable to conclude that they will as readily do their duty as deviate from it; nor do I go on the grounds mentioned by gentlemen on the other side--that we are to place unlimited confidence in them, and expect nothing but the most exalted integrity and sublime virtue. But I go on this great republican principle, that the people will have virtue and intelligence to select men of virtue and wisdom. Is there no virtue among us? If there be not, we are in a wretched situation. No theoretical checks, no form of government, can render us secure. To suppose that any form of government will secure liberty or happiness without any virtue in the people, is a chimerical idea. If there be sufficient virtue and intelligence in the community,it will be exercised in the selection of these men; so that we do not depend on their virtue, or put confidence in our rulers, but in the people who are to choose them....
- James Madison, June 20, 1788. The Debates in the Several State Conventions, (Virginia), on the Adoption of the Federal Constitution [Elliot's Debates, Volume 3]
...The hardest and harshest test-oath required from 1766 to the peace of 1783 was an abjuration oath of allegiance to George III, while some of the now so-called bayonet-made constitutions from the south propose absurd and cruel tests; absurd, as in Arkansas, where is interwoven in the organic law a mere party test between the radical reconstructionists and the democratic conservatives, such as would exclude from voting, if living there, the thousands and tens of thousands and hundreds of thousands of democrats in the free States, (art. S, sec. 4;) or cruel, as in Alabama, where no white man can vote who will not forever forswear his own race and color, and perjure himself by swearing, in defiance of the law of God, that the negro is his equal and forever to be his equal at the ballot-box, in the jury-box, with the cartridge-box; in the school, in the college, in house and home, and by the fire-side; in short, in every way, everywhere, (art. 7, sec. 4.)...
- James Brooks, June 24th, 1868, Protest submitted by unanimous consent to the U.S. House of Representatives. [Journal of the House of Representatives of the United States, 1867-1868 WEDNESDAY, June 24, 1868.]
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But moral, political, intellectual improvement, are duties assigned, by the Author of our existence, to social, no less than to individual man. For the fulfilment of those duties, governments are invested with power; and, to the attainment of the end, the progressive improvement of the condition of the governed, the exercise of delegated power is a duty as sacred and indispensable, as the usurpation of power not granted is criminal and odious.
- President John Quincy Adams, Dec. 6, 1825 message to the U.S. House and Senate. [Journal of the House of Representatives of the United States. Dec. 6, 1825]
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...The scheme, my dear Marqs. which you propose as a precedent, to encourage the emancipation of the black people of this Country from that state of Bondage in wch. they are held, is a striking evidence of the benevolence of your Heart. I shall be happy to join you in so laudable a work; but will defer going into a detail of the business, 'till I have the pleasure of seeing you.10....
[Note 10: Lafayette had written (Feb. 5, 1783): "Let us unite in purchasing a small estate, where we may try the experiment to free the negroes, and use them only as tenants. Such an example as yours might render it a general practice; and if we succeed in America, I will cheerfully devote a part of my time to reader the method fashionable in the West Indies. If it be a wild scheme, I had rather be mad this way, than to be thought wise in the other task." Lafayette's letter is printed in Sparks's Letters to Washington, vol. 3. P. 547. The original is not now found in the Washington Papers.]
- George Washington, Letter to Marquis de Lafayette, April 5, 1783, [The Writings of George Washington from the Original Manuscript Sources, 1745-1799. John C. Fitzpatrick, Editor.]
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They will give you all the necessaries of war they produce, if, instead of the bankrupt trash they now are obliged to receive for want of any other, you will give them a paper promise funded on a specific pledge, and of a size for common circulation. But you say the merchants will not take this paper. What the people take the merchants must take or sell nothing. All these doubts and fears prove only the extent of the dominion which the banking institutions have obtained over the minds of our citizens, and especially of those inhabiting cities or other banking places; and this dominion must be broken, or it will break us.
- Thomas Jefferson, Jan. 1, 1815 letter to James Monroe. [The Works of Thomas Jefferson in Twelve Volumes. Federal Edition. Collected and Edited by Paul Leicester Ford.]
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The Enemy left all their Works standing in Boston, and on Bunker's hill, and formidable they are, the Town has shared a much better Fate than was expected, the damage done to the Houses being nothing equal to report, but the Inhabitants have sufferd a good deal by being plunder'd by the Soldiery at their departure. All those who took upon themselves the Style, and title of Government Men in Boston, in short, all those who have acted an unfriendly part in this great Contest have Shipped themselves off in the same hurry, but under still greater disadvantages than the King's Troops have done; being obliged to Man their own Vessels (for Seamen could not be had for the Transports for the Kings use) and submit to every hardship that can be conceiv'd. One or two have done, what a great many ought to have done long ago, committed Suicide. By all Accts. there never existed a more miserable set of Beings, than these wretched Creatures now are; taught to believe that the Power of Great Britain was superior to all opposition, and that foreign aid (if not) was at hand, they were even higher, and more insulting in their opposition than the Regulars. When the Order Issued therefore for Imbarking the Troops in Boston, no Electric Shock, no sudden Clap of thunder. In a word the last Trump, could not have struck them with greater Consternation. they were at their Wits' end, and conscious of their black ingratitude chose to commit themselves in the manner I have above describ'd to the Mercy of the Waves at a tempestuous Season rather than meet their offended Countrymen. but with this declaration the choice was made that if they thought the most abject submission would procure them Peace they never would have stir'd.
- George Washington, March 31, 1776 letter to John A. Washington. [The Writings of George Washington from the Original Manuscript Sources, 1745-1799. John C. Fitzpatrick, Editor.]
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It is an old maxim, that the surest way to make a good peace is to be well prepared for War.
- George Washington, August 20, 1780 to Continental Congress. [The Writings of George Washington from the Original Manuscript Sources, 1745-1799. John C. Fitzpatrick, Editor.]
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Lt. Gov. Randolph's letter of June 2 enclosed an appeal from Gen. Evan Shelby, commander of the militia in the Washington district of North Carolina, to Gen. William Russell, commander of the militia in southwest Virginia. Shelby and Gov. Richard Caswell had become greatly alarmed at the behavior of officials in the self-proclaimed state of Franklin. "The New state party are now falling on the Civil officers of Government with men in arms, and wresting their property from them, forcibly and contrary to law." What was worse, the Franklin assembly was taking possession of and selling lands reserved to the Indians by the North Carolina Assembly, actions that would inevitably result in a general Indian war. Indeed, these "unprovoked Insurrections" by the Franklinites threatened "to dissolve even the very bands of the fOEderal Union." In case North Carolina's militia did not arrive in time, Shelby intended to call on Russell for direct assistance. In his covering letter, Randolph instructed the delegates to lay the matter before Congress so that Virginia would be better prepared to "take Measures. . .most conducive to the peace of the United States." The letters were not submitted to Congress until July 6, two days after Congress finally mustered a quorum, when they were referred to the Secretary at War to report. That same day Congress also referred several other letters to Gen. Henry Knox concerning the state of the western country and relations with the Indians. The problem of theFranklin insurrections thus became caught up in the general question of Indian unrest. See JCC, 32:307n.3; PCC, item 71, 2:531--;38; Cal. of Va. State Papers, 4:274--;75; and Samuel C. Williams, History of the Lost State of Franklin, rev. ed. (New York: Press of the Pioneers, 1933), pp. 140--;48. For General Knox's July 11 report, see Grayson to Randolph, June 25, note 1.
- William Grayson, June 12th. 1787 letter to Beverley Randolph. (Note 1). [Letters of Delegates to Congress: Volume 24.]
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...He is determined to make Examples which will deter the boldest and most harden'd offenders. Men who are called out by their Country to defend the Rights and Property of their fellow Citizens, who are abandoned enough to violate those Rights and plunder that Property deserve and shall receive no Mercy.
- George Washington, October 23, 1778, General Orders. [The Writings of George Washington from the Original Manuscript Sources, 1745-1799. John C. Fitzpatrick, Editor.]
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"I have openly declared my Opinion that Jealousy is a good Security of Publick Liberty. I have expressd my Fears that America is too unsuspecting long to continue free. These I know are the sentiments of Dr Lee. When Men hold these Sentiments & honestly act up to the Spirit of them they must necessarily become exceedingly obnoxious to those who are watching every Opportunity to turn the good or ill Fortune of their Country, and they care not which to their own private Advantage. Such Men there are in this Country, in France & indeed in all Countries & at all times. Some of them you & I have known. Such Men there always have been & always will be, till human Nature itself shall be substantially meliorated. Whether such a Change will ever happen and when, is more within your Province than mine to predict or ascertain. A Politician must take men as he finds them and while he carefully endeavors to make their Humours & Prejudices, their Passions & Feelings, as well as their Reason & Understandings subservient to his Views of publick Liberty & Happiness, he must frequently observe among the many if he has any Sagacity, some who having gaind the Confidence of their Country, are sacrilegiously employing their Talents to the Ruin of its Affairs, for their own private Emolument."
- Samuel Adams, Dec. 25, 1778 letter to Samuel Cooper. [Letters of Delegates to Congress: Volume 11. Library of Congress]
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"The power of the purse is the touch-stone of freedom in all States. If the people command their own money they are free; but if their Sovereign commands it they are slaves. All other strings in government take their tone from the mode of raising money. An alteration therefore in the mode of raising money is an alteration of the Constitution. It is an essential & radical change. A change that, on experience, will be felt most sensibly. It cannot be an indifferent thing, or a matter of small moment. It is like altering the center of gravity. It is like transferring the fee simple of an estate. It is like putting your weapon of defence into another man's hand."
- Rhode Island Delegates To: William Greene, Sept. 8th. 1783. [Letters of delegates to Congress,
1774-1789, Volume 20.]
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The Revolutionary Diplomatic Correspondence of the United States, Vol. 2
Franklin to Samuel Cooper.*
[Note *: * 6 Bigelow's Franklin, 96.]
Paris, May 1, 1777.
I thank you for your kind congratulations on my safe arrival here and for your good wishes. I am, as you supposed treated with great civility and respect by all orders of people; but it gives me still greater satisfaction to find that our being here is of some use to our country. On that head I can not be more explicit at present.
I rejoice with you in the happy change of affairs in America last winter. I hope the same train of success will continue through the summer. Our enemies are disappointed in the number of additional troops they purpose to send over. What they have been able to muster will not probably recruit their army to the state it was in the beginning of last campaign; and ours, I hope, will be equally numerous, better armed, and better clothed than they have been heretofore.
All Europe is on our side of the question, as far as applause and good wishes can carry them. Those who live under arbitrary power do nevertheless approve of liberty, and wish for it; they almost despair of recovering it in Europe; they read the translations of our separate colony constitutions with rapture, and there are such numbers everywhere who talk of removing to America with their families and fortunes as soon as peace and our independence shall be established, that it is generally believed we shall have a prodigious addition of strength, wealth, and arts, from the emigration of Europe; and it is thought that to lessen or prevent such emigrations the tyrannies established there must relax and allow more liberty to their people. Hence it is a common observation here that our cause is the cause of all mankind, and that we are fighting for their liberty in defending our own. It is a glorious task assigned us by Providence, which has, I trust, given us spirit and virtue equal to it, and will at last crown it with success.
I am ever, my dear friend, yours most affectionately,
B. Franklin.
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The people at large are the common superior of the state governments and the general government.
- James Madison, June 11, 1788. The Debates in the Several State Conventions on the Adoption of the Federal Constitution [Elliot's Debates, Volume 3]
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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. . . . The liberty or misery of millions yet unborn are deeply concerned in our decision. . . . 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 on the Adoption of the Federal Constitution [Elliot's Debates, Volume 3]
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Letters of Delegates to Congress: Volume: 3
Josiah Bartlett to Meshech Weare
Sir Philadelphia Febry 26th 1776 The Enclosed order of Congress of the 23d inst I am Directed to transmit to our Colony, and I make no Doubt (if they have not already) they will Speedily Comply with the Recommendations.(1)
The nec[e]ssity of arms & ammunition for our Defence, and the Danger of a Disappointment, Shews the necessity of using our utmost Efforts, to be Supplied as much as may be within our Selves. And tho I can with pleasure inform you, that large Quantities of powder and Salt petre have arrived here, and more is Dayly Expected, yet as we have reason to believe that as soon as the Spring opens, our harbours will be much infested by the Brittish Cruizers, who have orders to Seize all American vessels, and as large Quantities of military Stores will be wanted, for Sea, as well as land Service, I humbly Conceive it will be prudent to Endeavor to Supply our Selves, with the necessaries of life & Defence within our Selves and leave as little to the uncertainty of winds, weather & Enemies as possible, at least for the present.
You will please Sir to See that the Several orders of our Convention or assembly for manufacturing arms, gunpowder & Salt petre be transmitted to me, and an account of what has been Done in Consequence of such orders; as it is necessary the Congress should know as Soon as may be, the true State of all the Colonies with regard to their Supplying themselves with these necessary articles, and when our assembly meets you will please to lay these resolves before them and in the mean time Communicate them to the Council or Committe of Safety or who ever they have left to transact Business in their Recess. I am your most obedt Servant, Josiah Bartlett
RC (MeHi).
1 Undoubtedly the congressional resolutions asking provincial assemblies and conventions to encourage the manufacture of saltpetre, sulphur, and gunpowder. JCC, 4:170-71.
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Letters of Delegates to Congress: Volume 1
Samuel Ward to Samuel Ward, Jr.
Westerly 15th August. 1775. "I am very sorry that there is any Uneasiness relative to the continental Establishment; as the several New England Colonies had made the same Establishment the Congress adopted it, but upon a proper Representation I make no Doubt would do every thing which should appear proper; there is one Circumstance attending the Service which I never thought of which must create you many heavy Expences, that is your being so near as to have much Company from all the Colonies: this War may perhaps last Years; Oeconomy is therefore necessary and I was unwilling to give any extravagant Pay, but the Circumstance above has much weight with Me and probably there may be others which have escaped my Attention; This I can with great Pleasure say that the Man that loves my Country and takes up Arms in her Defence shall while I have one single shilling be welcome to a Part of it: but as Commerce the great Source of Wealth is now almost at an End the utmost Oeconomy I must recommend to You and all the Troops....
I hope and believe there is not an officer worth having that will decline the continental Service; the Commissions are of the same Tenor as far as I recollect with those which the N. E[nglan]d Colonies gave. I would chuse you should receive yours in the most respectful Manner; every Lover of his Country who considers that it is absolutely essential to the Preservation of America that the Resolutions of the Congress should be considered as sacred and inviolable will by no means take any Measure which may draw into Question the Authority of that Congress; this would be not only injurious to the common Cause but ruinous to the Persons who May do it: The Officers above the Rank of Colo. are well provided for I think, and all below that by a proper Representation to the Congress through their General or any other Way which he may direct I doubt not will be properly regarded . . . You wish for Peace, so do I, but never upon any other Terms but those which will secure the Liberties of my Country; my Lord Kames justly observes 'that domestic Convulsions are temporary but the Loss of Liberty perpetual;' however shocking to a benelovent Mind the Horrors of a civil War May be They are infinitely preferable (I may add amiable when compared to D[espotism]) to Slavery; many Nations have rose from a State of the most severe civil Wars to the highest Pitch of Glory and Happiness but Slavery never produced one single good since the Creation; that I wish you every Happiness I need not say; the highest in this World is that you may have an honourable Share in delivering your Country from Oppression."
RC (RHi) . Abstracted from Ward, Correspondence (Knollenberg), pp. 76-79.
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Letters of Delegates to Congress: Volume 1
New York Provincial Congress
Gent. Philadelphia, 3rd June, 1775. We have received your several letters, and communicated such of your papers to the Congress as were intended for their inspection. Your plan for raising money we are much pleased with, though we have some doubt of its being adopted; however, as the reasons on which it is founded, appear to us to be conclucive, we shall use our endeavours to carry it through. Till the success is known, you will, we dare say, see a propriety in keeping the whole secret.
We observe with pleasure the attention of our Colony to Indian affairs, as they are really of the highest importance. Should you conceive the interposition of the Congress necessary, you will let us know the mode in which you think it will be most effectual.
You inquire whether the direction relative to the militia of NewYork was intended to extend farther than that city and county. In answer to this, we must inform you that it was the design of the Congress that the whole Province should be well armed and disciplined.(1)
We wish to hear that you have received some supply of powder, as we fear that none is to be procured here; the people conceiving they have not a sufficient stock for their own defence. We believe, however, that Connecticut will take care to supply their troops at Ticonderoga with that article, as the command of that post is for the present vested in their officers, owing to your repeated declaration of your inability to furnish the arms and ammunition necessary for its defence.
We think it an object of great consequence, to know in whom you would wish to vest the command of the Continental Army in our Province, which is to be maintained at the general charge, and hope you will not be at a loss to fix on men among yourselves, who may be intrusted with that important charge. As general officers will in all probability be shortly appointed by this Congress, your express should return immediately, with a warm recommendation of those persons in our Province, who you think may safely be trusted with the first and second commands, as major and brigadier-generals.(2) If possible, let us have an answer to this by Tuesday morning, drawn up in such a manner, that if necessary, it may be offered to the Congress, with the reasons on which such choice is founded. We know of nothing farther that may require your attention, unless it be to recommend a profound secrecy with respect to any advice we may offer, particularly on the subject of this letter, though we conceive that your own prudence will render any such recommendation unnecessary.
If you wish for any other direction, pray be speedy and explicit in your application. We remain, with great respect, Your most ob. hum. servts. Jas. Duane Francs. Lewis
Robt. R. Livingston, Junr. Wm. Floyd
Ph. Schuyler S. Boerum
John Alsop Henry Wisner
MS not found; reprinted from Journals of N.Y. Prov. Cong., 1:30.
1 For the congressional resolves concerning the New York militia, see JCC, 2:60-61 .
2 The New York Provincial Congress responded to this request on June 7 by recommending Philip Schuyler and Richard Montgomery for the offices of major general and brigadier general respectively. Congress, in turn, appointed Schuyler and Montgomery to the positions for which they were recommended. JCC, 2:99, 103: and Am. Archives, 4th ser 2-1281-82.
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As an improvement in our military establishment, it will deserve the consideration of congress, whether a corps of invalids might not be so organized and employed, as at once to aid in the support of meritorious individuals, excluded by age or infirmities, from the existing establishment, and to procure to the public, the benefit of their stationary services, and of their exemplary discipline. I recommend also, an enlargement of the military academy, already established, and the establishment of others in other sections of the union. And I cannot press too much on the attention of congress, such a classification and organization of the militia, as will most effectually render it the safe-guard of a free state. If experience has shewn in the recent splendid achievements of militia, the value of this resource for the public defence, it has shewn also the importance of that skill in the use of arms, and that familiarity with the essential rules of discipline, which cannot be expected from the regulations now in force. With this subject is intimately connected the necessity of accommodating the laws, in every respect, to the great object of enabling the political authority of the union, to employ, promptly and effectually, the physical power of the union, in the cases designated by the constitution.
- President James Madison, Dec. 5, 1815 message to the U.S. House and Senate. [Journal of the House of Representatives of the United States, 1815-1817.]
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"...Upon this wretch, man, however wicked he may be, nature has unequivocally bestowed one boon. This blessing, the hereditary system proposes to deprive him of; our policy uses it as the principle of civil government; it is the right of self preservation. No other government, ancient or modern, has fairly provided for the safety of this right. In all others, it is fettered by compounds of orders or separate interests; by force or by fraud. Between governments which leave to nations the right of self preservation, and those which destroy it, we must take our stand, to determine on which side the preference lies. A coincident view of happiness and misery, will presently transform this line, into a wide gulf, on the farther side of which, we shall behold the governed of all other nations, expressing their agonies. Shall we go to them, because they cannot come to us? ...."
"...Let us return from this digression, if it be one, to the comparison we have undertaken. Mr. Adamss system is incapable of a division of rights between a nation and a government. This idea is incompatible with hereditary, but conformable to responsible power. It is incompatible with natural orders, but conformable to natural rights. And it is incompatible with the opinion, that the people are no guardians, but conformable to the opinion, that they are the best guardians of their own liberty. Therefore his system annihilates that sacred effort of our policy, to withhold powers useless or pernicious; and to secure rights necessary for the preservation of liberty, or without the office of governments. Among these, the rights of bearing arms, of religion, and of discussion, constitute of themselves a measureless superiority in our policy, over any other, unable, by reason of different principles, to place them beyond the reach of government; as we shall presently endeavour to prove...."
"...To assert, without enforcing this doctrine, would be equivalent to its relinquishment. Even Mr. Adams is willing nominally to admit it, in his virtual representative quality of hereditary orders. This idea is an admission of national rights independent of government; but it confides them to the custody of the idea only. How far they have been actually secured by hereditary power, in discharge of its supposed representative duties, depends upon a fact, to which all history testifies....
"...National rights and national opinion, cannot really exist, without powers for defending the one, and organs for expressing the other. The system of orders must shew these or confess that they have provided for neither, and that it uses the terms as decoy phantoms to delude nations within its grasp. The policy of the United States, exhibits its militia, its right of bearing arms, its rights retained, its right of instruction, and its inclusive right of abolishing the entire government...."
- John Taylor, An Inquiry into the Principles and Policy of the Government of the United States, Section the Sixth, (1814).
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"Mr. Sherlock J. Andrews laid on the Clerk's table, under the order of the House of the 29th of March, two memorials of citizens of the State of Ohio, residing in and about Cleveland, representing that the people of that region are laboring under great embarrassment and distress, arising from the excessive importations of foreign manufactures, and from the want of a sound currency, and praying Congress to pass such a law in regard to duties on imports as will give adequate protection to the manufacture of wool, cotton, silk, paper, glass, iron, fire-arms, and all other articles essential to the comfort of our people, and to the protection of the country in case of war, and which we have the ability to make among ourselves..."
- Journal of the House of Representatives of the United States, May 19, 1842.
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...Within these walls, for a course of years, I have been an admiring witness of a succession of information, eloquence, patriotism, and independence, which, as they would have done honor to any Senate in any age, afford a consolatory hope, (if the legislatures of the states are equally careful in their future selections, which there is no reason to distrust,) that no council more permanent than this, as a branch of the legislature, will be necessary, to defend the rights, liberties, and properties of the people, and to protect the constitution of the United States, as well as the constitutions and rights of the individual states, against errors of judgment, irregularities of the passions, or other encroachments of human infirmity, or more reprehensible enterprise, in the Executive on one hand, or the more immediate representatives of the people on the other....
- Vice-President John Adams, Feb. 15, 1797 address to U.S. Senate. [Journal of the Senate of the United States of America.]
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...It is not strange, however much it may be regretted, that such an exuberance of enterprise should cause some individuals to mistake change for progress, and the invasion of the rights of others for national prowess and glory. The former are constantly agitating for some change in the organic law, or urging new and untried theories of human rights. The latter are ever ready to engage in any wild crusade against a neighboring people, regardless of the justice of the enterprise,and without looking at the fatal consequences to ourselves and to the cause of popular government. Such expeditions, however, are often stimulated by mercenary individuals, who expect to share the plunder or profit of the enterprise, without exposing themselves to danger, and are led on by some irresponsible foreigner, who abuses the hospitality of our own government, by seducing the young and ignorant to join in his scheme of personal ambition or revenge, under the false and delusive pretence of extending the area of freedom. These reprehensible aggressions but retard the true progress of our nation, and tarnish its fair fame. They should, therefore, receive the indignant frowns of every good citizen who sincerely loves his country and takes a pride in its prosperity and honor.
Our constitution, though not perfect, is doubtless the best that ever was formed. Therefore, let every proposition to change it be well weighed, and, if found beneficial, cautiously adopted. Every patriot will rejoice to see its authority so exerted as to advance the prosperity and honor of the nation, whilst he will watch with jealousy any attempt to mutilate this charter of our liberties, or pervert its powers to acts of aggression or injustice. Thus shall conservatism and progress blend their harmonious action in preserving the form and spirit of the constitution, and at the same time carry forward the great improvements of the country, with a rapidity and energy which freemen only can display....
- President Millard Fillmore, Washington, December 6, 1852. [Journal of the Senate of the United States of America.]
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...That there should have been, in the progress of recent events, doubts in many quarters, and in some a heated opposition to every change, cannot surprise us. Doubts are properly attendant on all reform; and it is peculiarly in the nature of such abuses as we are now encountering, to seek to perpetuate their power by means of the influence they have been permitted to acquire. It is their result, if not their object, to gain for the few an ascendency over the many, by securing to them a monopoly of the currency, the medium through which most of the wants of mankind are supplied--to produce throughout society a chain of dependance which leads all classes to look to privileged associations for the means of speculation and extravagance,--to nourish, in preference to the manly virtues that give dignity to human nature, a craving desire for luxurious enjoyment and sudden wealth, which renders those who seek them dependant on those who supply them--to substitute for republican simplicity and economical habits a sickly appetite for effeminate indulgence, and an imitation of that reckless extravagance which impoverished and enslaved the industrious people of foreign lands; and at last, to fix upon us, instead of those equal political rights, the acquisition of which was alike the object and supposed reward of our revolutionary struggle, a system of exclusive privileges conferred by partial legislation. To remove the influences which had thus gradually grown up among us--to deprive them of their deceptive advantages--to test them by the light of wisdom and truth--to oppose the force which they concentrate in their support--all this was necessarily the work of time, even among a people so enlightened and pure as that of the United States. In most other countries, perhaps, it could only be accomplished through that series of revolutionary movements, which are too often found necessary to effect any great and radical reform; but it is the crowning merit of our institution&s, that they create and nourish, in the vast majority of our people, a disposition and a power peaceably to remedy abuses which have elsewhere caused the effusion of rivers of bloody and the sacrifice of thousands of the human race. The result thus far is most honorable to the self denial, the intelligence, and the patriotism of our citizens; it justifies the confident hope that they will carry through the reform which has been so well begun, and that they will go still farther than they have yet gone in illustrating the important truth, that a people as free and enlightened as ours, will, whenever it becomes necessary, show themselves to be indeed capable of self-government, by voluntarily adopting appropriate remedies for every abuse, and submitting to temporary sacrifices, however great, to ensure their permanent welfare....
- President Martin Van Buren, December 2, 1839 message to the U.S. House and Senate. [Journal of the Senate of the United States of America, TUESDAY, December 24, 1839.]
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...I am aware it is assumed that this system of government for the southern States is not to be perpetual. It is true this military government is to be only provisional, but it is through this temporary evil that a greater evil is to be made perpetual. If the guarantees of the Constitution can be broken provisionally to serve a temporary purpose, and in a part only of the country, we can destroy them everywhere and for all time. Arbitrary measures often change, but they generally change for the worse. It is the curse of despotism that it has no halting place. The intermitted exercise of its power brings no sense of security to its subjects, for they can never know what more they will be called to endure when its red right hand is armed to plague them again. Nor is it possible to conjecture how or where power, unrestrained by law, may seek its next victims. The States that are still free may be enslaved at any moment; for if the Constitution does not protect all, it protects none...."
"...This, to the minds of some persons, is so important that a violation of the Constitution is justified as a means of bringing it about. The morality is always false which excuses a wrong because it proposes to accomplish a desirable end. We are not permitted to do evil that good may come. But in this case the cud itself is evil, as well as the means...."
"...A faithful and conscientious magistrate will concede very much to honest error, and something even to perverse malice, before be will endanger the public peace; and he will not adopt forcible measures, or such as might lead to force, as long as those which are peaceable remain open to him or to his constituents It is true that cases may occur in which the Executive would be compelled to stand on its rights, and maintain them, regardless of all consequences. If Congress should pass an act which is not only in palpable conflict with the Constitution, but will certainly, if carried out, produce immediate and irreparable injury to the organic structure of the government, and if there be neither judicial remedy for the wrongs it inflicts, nor power in the people to protect themselves without the official aid of their elected defender; if, for instance, the legislative department should pass an act even through all the forms of law to abolish a co-ordinate department of the government--in such a case the President must take the high responsibilities of his office, and save the life of the nation at all hazards. The so-called reconstruction acts, though as plainly unconstitutional as any that can be imagined, were not believed to be within the class last mentioned. The people were not wholly disarmed of the power of self-defence...."
- President Andrew Johnson, December 3, 1867 message to U.S. House and Senate. [Journal of the House of Representatives of the United States.]
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In pursuance of this policy, the laws of the United States do not forbid their citizens to sell to either of the belligerent powers, articles contraband of war, or take munitions of war or soldiers on board their private ships for transportation; and although, in so doing, the individual citizen exposes his property or person to some of the hazards of war, his acts do not involve any breach of national neutrality, nor of themselves implicate the government. Thus, during the progress of the present war in Europe, our citizens have, without national responsibility therefor, sold gunpowder and arms to all buyers, regardless of the destination of those articles. Our merchantmen have been, and still continue to be, largely employed by Great Britain and by France, in transporting troops, provisions, and munitions of war to the principal seat of military operations, and in bringing home their sick and wounded soldiers; but such use of our mercantile marine is not interdicted either by the international or by our municipal law, and therefore does not compromit our neutral relations with Russia.
But our municipal law, in accordance with the law of nations, peremptorily forbids not only foreigners, but our own citizens, to fit out within the United States a vessel to commit hostilities against any State with which the United States are at peace or to increase the force of any foreign armed vessel intended for such hostilities against a friendly State.
Whatever concern may have been felt by either of the belligerent powers lest private armed cruisers or other vessels in the service of one might be fitted out in the ports of this country to depredate on the property of the other, all such fears have proved to be utterly groundless. Our citizens have been withheld from any such act or purpose by good faith and by respect for the law.
- President Franlin Pierce, Washington, December 31, 1855. [Journal of the Senate of the United States of America, MONDAY, December 31, 1855.]
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...On that occasion, three modes of performing this branch of the public service were presented for consideration. These were: the creation of a national bank; the revival, with modifications, of the deposite system established by the act of the 23d of June, 1836, permitting the use of the public moneys by the banks; and the discontinuance of the use of such institutions for the purposes referred to, with suitable provisions for their accomplishment through the agency of public officers. Considering the opinions of both Houses of Congress on the first two propositions as expressed in the negative, in which I entirely concur, it is unnecessary for me again to recur to them. In respect to the last, you have had an opportunity since your adjournment, not only to test still further the expediency of the measure, by the continued practical operation of such parts of it as are now in force, but also to discover--what should ever be sought for and regarded with the utmost deference--the opinions and wishes of the people. The national will is the supreme law of the republic, and, on all subjects within the limits of his constitutional powers, should be faithfully obeyed by the public servant. Since the measure in question was submitted to your consideration, most of you have enjoyed the advantage of personal communication with your constituents....
- President Martin Van Buren, December 5, 1837 message to the U.S. House and Senate. [Journal of the House of Representatives of the United States, 1837-1838. TUESDAY, December 5, 1837.]
...Mr. Day presented a memorial of the officers of the seventh brigade and twenty-first division of infantry of the militia of the State of New York, praying that the militia laws of the United States may be so amended as that militiamen may not be compelled to find their own arms and accoutrements; and that persons between twenty-one and thirty-five years of age only may be subject to militia duty; which memorial was referred to the committee appointed on the resolutions of the State of New Hampshire on the subject of the militia....
- Journal of the House of Representatives of the United States, Feb. 17, 1834.
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Resolved, That General Schuyler be directed to have the arms of such of the troops marching to Canada, as pass through Albany, carefully examined there; and such of them as are deficient and want repair, exchanged for good effective arms taken from the tories, and order those exchanged and left, to be repaired.
- Journals of the Continental Congress, Feb. 5, 1776
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"If the authority we desire to use does not come to us through the Constitution, we can exercise it only by usurpation; and usurpation is the most dangerous of political crimes. By that crime the enemies of free government in all ages have worked out their designs against public liberty and private right. It leads directly and immediately to the establishment of absolute rule; for undelegated power is always unlimited and unrestrained."
- President Andrew Johnson, Dec. 3, 1867 message to U.S. House and Senate. [Journal of the Senate of the United States of America, 1789-1873.]
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"Shield & give them victory in the day of Battle-make them Instruments in the establishment of Liberty & Independency-teach our hands to War & our fingers to fight-Subdue our Enemies, let their Weapons in Battle fall from their unnerved Arms..."
- Henry Laurens, Oct. 25, 1777 letter to Robert Howe. [Letters of Delegates to Congress: Volume 8.]
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"We have drawn our Swords in defence of a good Constitution & for the priviledge of being governed by laws of our own making. While you continue to the people these objects they will support you to the last penny in their purse & the last drop of their blood. Infringe their rights, invade the Confederation, & you can no longer assure yourself of the peoples support."
- David Howell, Oct. 30, 1782 letter to Nicholas Brown. [Letters of Delegates to Congress: Volume 19.]
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"The power of the purse is the touch-stone of freedom in all States. If the people command their own money they are free; but if their Sovereign commands it they are slaves. All other strings in government take their tone from the mode of raising money. An alteration therefore in the mode of raising money is an alteration of the Constitution. It is an essential & radical change. A change that, on experience, will be felt most sensibly. It cannot be an indifferent thing, or a matter of small moment. It is like altering the center of gravity. It is like transferring the fee simple of an estate. It is like putting your weapon of defence into another man's hand."
- Rhode Island Delegates, Sept. 8, 1783 letter to William Greene. [Letters of Delegates to Congress: Volume 20.]
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"The rights of conscience, of bearing arms, of changing the government, are declared to be inherent in the people. Freedom of the press too."
- Fisher Ames, June 12, 1789 letter to George R. Minor.
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"...for it is a truth, which the experience of all ages has attested, that the people are commonly most in danger when the means of insuring their rights are in the possession of those of whom they entertain the least suspicion."
-Alexander Hamilton, Federalist #25
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"While this textual exegesis is by no means conclusive, it suggests that "the people" protected by the Fourth Amendment, and by the First and Second Amendments, and to whom rights and powers are reserved in the Ninth and Tenth Amendments, refers to a class of persons who are part of a national community or who have otherwise developed sufficient connection with this country to be considered part of that community."
- Chief Justice Rehnquist, U.S. Supreme Court, opinion delivered by court in UNITED STATES v. VERDUGO-URQUIDEZ, 494 U.S. 259 (1990) 494 U.S. 259.
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"The right of the people to bear arms in their own defence, and to form and drill military organizations in defence of the State, may not be very important in this country, but it is significant as having been reserved by the people as a possible and necessary resort for the protection of self-government against usurpation, and against any attempt on the part of those who may for the time be in possession of State authority or resources to set aside the constitution and substitute their own rule for that of the people. Should the contingency ever arise when it would be necessary for the people to make use of the arms in their hands for the protection of constitutional liberty, the proceeding, so far from being revolutionary, would be in strict accord with popular right and duty."
- Thomas M. Cooley, The Abnegation of Self-Government, The Princeton Rev., July-Dec. 1883, at 209, 213-14, [Levinson, supra note 15, at 649 n.64.]
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"How we burned in the prison camps later thinking: What would things have been like if every police operative, when he went out at night to make an arrest, had been uncertain whether he would return alive? If during periods of mass arrests people had not simply sat there in their lairs, paling with terror at every bang of the downstairs door and at every step on the staircase, but had understood they had nothing to lose and had boldly set up in the downstairs hall an ambush of half a dozen people with axes, hammers, pokers, or whatever was at hand? The organs would very quickly have suffered a shortage of officers and, notwithstanding all of Stalin's thirst, the cursed machine would have ground to a halt."
- Alexander Solzhenitsyn, author of The Gulag Archipelago.
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