Friday, June 30, 2006

Constitutional Adoption Debates, Pennsylvania - James Wilson

Excerpts;
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"We have remarked that civil government is necessary to the perfection of society; we now remark that civil liberty is necessary to the perfection of civil government. Civil liberty is natural liberty itself, divested of only that part which, placed in the government, produces more good and happiness to the community than if it had remained in the individual. Hence it follows that civil liberty, while it resigns a part of natural liberty, retains the free and generous exercise of all the human faculties, so far as it is compatible with the public welfare. (Note; Unless, it has been retained in a Bill of Rights – which it is).
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"In considering and developing the nature and end of the system before us, it is necessary to mention another kind of liberty, which has not yet, as far as I know, received a name. I shall distinguish it by the appellation of federal liberty. When a single government is instituted, the individuals of which it is composed surrender to it a part of their natural independence, which they before enjoyed as men. When a confederate republic is instituted, the communities of which it is composed surrender to it a part of their political independence, which they before enjoyed as states. The principles which directed, in the former case, what part of the natural liberty of the man ought to be given up, and what part ought to be retained, will give Similar directions in the latter case. The states should resign to the national government that part, and that part only, of their political liberty, which, placed in that government, will produce more good to the whole than if it had remained in the several states. While they resign this part of their political liberty, they retain the free and generous exercise of all their other faculties, as states, so far as it is compatible with the welfare of the general and superintending confederacy.
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"Since states, as well as citizens, are represented in the Constitution before us, and form the objects on which that Constitution is proposed to operate, it was necessary to notice and define federal as well as civil liberty.
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"These general reflections have been made in order to introduce, with more propriety and advantage, a practical illustration of the end proposed to be accomplished by the late Convention.
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"It has been too well known--it has been too severely felt--that the present Confederation is inadequate to the government, and to the exigencies, of the United States. The great struggle for Liberty in this country, should it be unsuccessful, will probably be the last one which she will have for her existence and prosperity in any partof the globe. And it must be confessed that this struggle has, in some of the stages of its progress, been attended with symptoms that foreboded no fortunate issue. To the iron hand of Tyranny, which was lifted up against her, she manifested, indeed, an intrepid superiority. She broke in pieces the fetters which were forged for her, and showed that she was unassailable by force. But she was environed with dangers of another kind, and springing from a very different source. While she kept her eye steadily fixed on the efforts of oppression, licentiousness was secretly undermining the rock on which she stood.
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"Need I call to your remembrance the contrasted scenes of which we have been witnesses? On the glorious conclusion of our conflict with Britain, what high expectations were formed concerning us by others! What high expectations did we form concerning ourselves! Have those expectations been realized? No. What has been the cause? Did our citizens lose their perseverance and magnanimity? No. Did they become insensible of resentment and indignation at any high-handed attempt that might have been made to injure or enslave them? No. What, then, has been the cause? The truth is, we dreaded danger only on one side: this we manfully repelled. But, on another side, danger, not less formidable but more insidious, stole in upon us; and our unsuspicious tempers were not sufficiently attentive either to its approach or to its operations. Those whom foreign strength could not overpower, have well nigh become the victims of internal anarchy...."
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"....Shall I become more particular still? The tedious detail would disgust me. The years of languor are now over. We have felt the dishonor with which we have been covered--we have seen the destruction with which we have been threatened. We have penetrated to the causes of both, and when we have once discovered them, we have begun to search for the means of removing them. For the confirmation of these remarks, I need not appeal to an enumeration of facts. The proceedings of Congress, and of the several states, are replete with them. They all point out the weakness and insufficiency as the cause, and an efficient general government as, the only cure, of our political distempers.
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"Under these impressions, and with these views, was the late Convention appointed; and under these impressions, and with these views, the late Convention met.
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"We now see the great end which they proposed to accomplish. It was to frame, for the consideration of their constituents, one federal and national constitution--a constitution that would produce the advantages of good, and prevent the inconveniences of bad government--a constitution whose beneficence and energy would pervade the whole Union, and bind and embrace the interests of every part--a constitution that would insure peace, freedom, and happiness, to the states and people of America.
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"We are now naturally led to examine the means by which they proposed to accomplish this end. This opens more particularly to our view the discussion before us. But, previously to our entering upon it, it will not be improper to state some general and leading principles of government, which will receive particular application in the course of our investigations.There necessarily exists, in every government, a power from which there is no appeal, and which, for that reason, may be termed supreme, absolute, and uncontrollable. Where does this power reside? To this question writers on different governments will give different answers. Sir William Blackstone will tell you, that in Britain the power is lodged in the British Parliament; that the Parliament may alter the form of the government; and that its power is absolute, without control. The idea of a constitution, limiting and superintending the operations of legislative authority, seems not to have been accurately understood in Britain. There are, at least, no traces of practice conformable to such a principle. The British constitution is just what the British Parliament pleases. When the Parliament transferred legislative authority to Henry VIII., the act transferring could not, in the strict acceptation of the term, be called unconstitutional.
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"To control the power and conduct of the legislature, by an overruling constitution, was an improvement in the science and practice of government reserved to the American states.
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"Perhaps some politician, who has not considered with sufficient accuracy our political systems, would answer that, in our governments, the supreme power was vested in the constitutions. This opinion approaches a step nearer to the truth, but does not reach it. The truth is, that, in our governments, the supreme, absolute, and uncontrollable power remains in the people. As our constitutions are superior to our legislatures, so the people are superior to our constitutions. Indeed, the superiority, in this last instance, is much greater; for the people possess over our constitutions control in act, as well as right.The consequence is, that the people may change the constitutions whenever and however they please. This is a right of which no positive institution can ever deprive them.
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"These important truths, sir, are far from being merely speculative. We, at this moment, speak and deliberate under their immediate and benign influence. To the operation of these truths we are to ascribe the scene, hitherto unparalleled, which America now exhibits to the world--a gentle, a peaceful, a voluntary, and a deliberate transition from one constitution of government to another. In other parts of the world, the idea of revolutions in government is, by a mournful and an indissoluble association, connected with the idea of wars, and all the calamities attendant on wars. But happy experience teaches us to view such revolutions in a very different light--to consider them only as progressive steps in improving the knowledge of government, and increasing the happiness of society and mankind.
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"Oft have I marked, with silent pleasure and admiration, the force and prevalence, through the United States, of the, principle that the supreme power resides in the people, and that they never part with it. It may be called the panacea in politics. There can be no disorder in the community but may here receive a radical cure. If the error be in the legislature, it may be corrected by the constitution; if in the constitution, it may be corrected by the people. There is a remedy, therefore, for every distemper in government, if the people are not wanting to themselves; if they are wanting to themselves, there is no remedy. From their power, as we have seen, there is no appeal; of their error there is no superior principle of correction."

"Trace the Steps leading to Indepen[den]ce and Shew the Necessity of Defending that in order to prevent the claims of our Enemies"....

Inhabitants of the United States
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Letters of Delegates to Congress: Volume 7,
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Friends and fellow Citizens
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[ante May 29, 1777](1)
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We your Delegates in Congress address you at this Period in order to give you a Just Notion of your affairs and of the Exertions Necessary for compleating your Freedom and Happiness.
Our Enemy are unwearied in their Endeavours to seduce you from that honest and virtuous firmness wherewith you have united against their Usurpations. They pretend that your resistance do's not arise from a Sense of Violence done to your Rights, but from a Delusion into which you have been lead by Some designing men whose purpose is only to set up an Independant Dominion that they themselves may enjoy the supreme Power.
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These Suggestions your own Experience can best refute, to you it is best known that they are false and Groundless, and every honest unprejudiced man will be convinced of it from a short View of the progress of the Contest.
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The British Parliament expressly declared that they had and of Right ought to have Power to bind the Inhabitants of America in all Cases whatsoever. They proceeded to the Exercise of such Power by laying Taxes to be paid in America, and they Instituted arbitrary Courts supported by Military Force to Compel Obedience. This Tax, confessedly, was not laid for the Value of the revenue, but to form a precedent for exercising the Power when and to what Extent they pleased.
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The Representatives of the People in their general Assemblies Complained of those Doings as violating the Rights of their Constituents. They knew it was their distinguished Privilege to give and grant their own Money, and to Consent to all Laws which they were bound to obey.
Soon as the Governors perceived the Assemblies were in Deliberation on this Subject they dissolved them. Other Representatives were chozen and those Extravagant Usurpations Still presented themselves as the greatest Grievance. When they entered on the Consideration of them they were again dissolved. This mode was pursued until the People every where became Sensible that no Opportunity would be given them ever to Complain. Necessity pointed out to them that they must have recourse to other Methods of representing their wrongs and requiring redress. Nature pointed out to them the mode they Adopted, and they were so reluctant to do any thing which might even appear a Deviation from Established Form, that they long forbore assembling in Towns and Counties and did not at length yield to the Necessity until they found every hope of redress any other way was lost.
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When obliged to take this first Step the People proceeded with the utmost Caution. No tumult or disorder appeared, every man was impressed with an awful Sense of the Necessity he was under of Exercising that Right which Nature gave to every Man, and which the British Constitution expressly Assented, that of Consulting and resolving Concerning his Safety and Happiness, and each was determined to Exercise it no farther than the Necessity pressingly required.
In the most humble manner they declared their attachment to the Established Government, and even affection to the person of the Prince, they Complained of Wrongs which they modestly supposed to have arisen from no ill Intention or design in the Prince or Parliament, and they determined to Communicate their Sentiments to their Neighbors in Conventions of representatives Chozen and Instructed for this purpose. The same Necessity pressing at the Same time in every Colony, the same Sense of Wrong being every where felt, and Simple Nature every where Suggesting the same Expedient the meetings were every where held nearly at the same time, and they produced Conventions nearly at the Same time in every one of the present United States. Instructions from the People were nearly the Same in every Town and County, and they all Breathed (nearly) the same Spirit of humility, Moderation and Loyalty. All pointed out the Propriety of a Common Communication between the Different Colonies, and of Joint Supplications to the Throne for redress of Wrongs and Protection from Usurpations.
This produced the first Congress, and that Congress Confined itself entirely to Stating the Grievances of the People of America, Peti[ti]oning the King for a redress of them, professing the most Loyal humility and recommending Frugality and A Suspension of Commerce, unless within a Certain time the Wrongs should be redressed.
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It is fresh in every Ones Memory that their Petition was treated with the most Insulting Contempt. That another Congress Still fondly holding by the Hope that Britain would forego her unjust Claims and Harmony be Restored, most humbly entreated the King to point out Some Method by which the Complaints of America might find their way to him without offending him, but to this Petition, the lowest Condescention to which a free People ever Stooped, was refused even an Answer. This humiliating Measure which Nothing but the Extream reluctance of the People of America to seperate from Britain can Account for or Justify was as fruitless as every other, and Acts of Parliament were made to subject the persons and Properties of Americans every where to Military plunder and Execution. Regular Bands of Soldiers were marched into the Country under their officers to deal Hostile Murders and Ravages around them. A formidable Naval Force was employed to hinder the Commerce of populous Cities and thereby to reduce the poor Inhabitants to Wretchedness, and even to prevent their availing themselves of the Food which the Sea Washing their own Coasts afforded to their Industry-and it was expressly declared that no Mitigation of those violences could be obtained but by Submitting without Condition to the absolute Will of the Parliament of Great Britain, a Body composed of men unknown to and unchozen by the Inhabitants of America, and who showed but too little regard to the Rights of their own Constituents, and of human Nature.
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The Conduct of the British Court towards the Americans in the repeated dissolutions of their Assemblies whenever they attempted to Complain, in disregarding their Complaints when offered in the most humble and supplicating Manner by their Representatives in Congress, in refusing even to point out a Mode whereby they might find an Inoffensive passage to the Royal Ear, in disregarding all Rules of Justice and humanity by Subjecting their persons and Properties to Military Violence and Endeavouring even to Starve them, and by denying any Mitigation of those Enormities, Unless absolute Submission Should be made. this Conduct of the B[ritish] C[ourt] left no room to doubt that they considered the Americans as objects merely of Dominion not of Government. of Plunder not of Protection, of Military Tyranny not of Legal administration of Justice. No choice was left but to Oppose Arms to Arms, or submit to the absolute dominion of Men whose pride and Cruelty is incurrable, and whose rapacity is without Bounds. No alternative was left to the Citizen but to rouse into a Soldier or Sink into a Slave and entail Servitude Irrevocably on his posterity.
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Yet even after this altho the People of America Could not Hesitate to take Arms, they kept in view their much loved Constitutional Connection with Britain, and altho they knew that when Protection was denied them, and they were driven to arms for their Safety, all relation between them and the Crown of Britain was dissolved, yet they chose to overlook this, and so long as any Hope remained of obtaining it on Just and reasonable Grounds to leave every possible Avenue open to reconciliation, nor did they forego this pleasing tho Imaginary prospect until they four.d that Britain was arming Slaves, Savages, and foreign Mercenaries against them and that she was totally regardless of their sufferings and Intent only on Subduing them to absolute Slavery. It now became Folly to indulge any Hope of Reconciliation. The Americans were universally Sensible that in all her progress Britain was determined to Establish over them an unlimitted Tyranny, that nothing less would Satisfy her ambition, and to Effect this She would Not Scruple to Expose them to the Undistinguishing Plunder and Massacres of Slaves, Indians, and more unfeeling Mercenary Soldiers. All Connection with Britain became impossible Except as Slaves without Right or property, but what must be held at the Precarious Will and pleasure of her Ministers.(2) Reconciliation became the same thing as Slavery, Independence the same thing as Freedom. Independance was not the voluntary choice of America but the Alternative which she prefered to Servitude, for no other Choice but one of them was left.
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Every Man in America knows that during the whole Progress until the Declaration of Independance Britain might have disarmed America and made her perfectly Happy by recalling her Fleets and armies, renouncing her claims to absolute Dominion and declaring she would be Satisfied with regulating Commerce. That the Declaration of Independance was adopted at length as a Measure of Necessity to which Britain herself had driven America, and every Man of Common Sense and Honesty must be convinced it is Necessary to maintain it. Because to give it up would be to Sink into the most abject Slavery to a People who have given the most convincing Proofs that they regard us only as objects of their rapine; whose Policy it must be to keep us always poor, dejected and oppressed in order to Subdue our Spirit of Resistance to their Tyranny and to blot out even the Memory of that Liberty which Animates us at present to defend our Rights under so many disadvantagesw Even to suspend it would deprive us of the Confidence of Foreign Powers, and Consequently of their Friendship and assistance. Thus Britain could she prevail in this would deprive us of every prospect of Support and might pursue her purpose of enslaving us without danger of any Effectual resistance, and we should be deprived of every resource which enables us to make a stand for our Liberties.
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In short it is manifest that from the Begining Britain has pursued a purpose of making the People of America Submit to her absolute Dominion, and regardless of Right, Justice and humanity, has employed means the most destructive and Calamitous.
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On the other Hand America has Supplicated with the most humble Voice and manner of Complaint, have prayed with most Submissive humility for Peace, Liberty and Safety, but in vain, and at length when forced to take Arms for self-preservation She raised them with reluctance against Britain even in Defence of her own Bosom, and at length unwillingly seperated altho she plainly saw that any further Connection must involve her in Circumstances worse than utter Perdition.
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To maintain this Seperation is to maintain the Religion, Liberty and Property of ourselves and our Posterity, to renounce it is to Sink into the lowest meanness and Slavery.
May God remove every such thought from every American Breast! Welcome first the Life of the most uncivilized Savages ! Welcome Death itself and everlasting Oblivion to our race!
Your own Experience, Fellow Citizens, will best bear Testimony to the Truth of the Facts here set forth. Your own Experience can best prove the Falshood of the Suggestion that you are deluded by Individuals who aim at Nothing but Power. You know how little Influence Individuals have over you. You know that every Man trusted or Employed by you is a creature of your free Choice, and by every choice you make and every act you do you manifest that you feel you are Sovereign and supreme, and Influenced by Nothing but a Conviction that you ought to be free, a Determined Resolution to remain so and to transmit freedom unimpaired to your Children. You well know that you Command Your Servants to Execute Certain Duties which tho arduous and dangerous they think they ought not to refuse because every Citizen is devoted to his Country, and ought Serve on such Duty as his Country shall think proper to require.
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It is not Strange that our Enemies should have fallen at first into this Error, accustomed to a Country where only the Shadow of Liberty remains to the People, where Multitudes know no more of freedom than the Liberty of following their choice of leaders, where the most groce [gross] and wicked artifices are every day practized in order to acquire Power and trust to Individuals who afterwards abuse them, to the purposes of avarice and Luxury, where the People in short are Considered as fit for Nothing but to toil that men of high birth and Fortune may (riot on what) live in Ease and Splender. Accustomed to this it is not surprising they should expect to find the Same in America. They know not the Plenty which the fruitful Soil of America yields to the Hand which gives it Cultivation, that penury and oppressive Landlords are here equally unknown, that Americans undebauched by Luxury have few wants and these few are always supply'd by a chearful and Laborious Industry, that wanting nothing they have nothing to Hope from Individuals, and no Individuals having Power or Inclination to hurt they have nothing from Individuals to fear. That each man has Leisure to Search out and understand what are his rights and that none Can Comprehend any reason why they should be given up to the absolute will of another. In Such a state as this no One is in a Situation to delude or be deluded, and the People of America well know that it is their State, altho of such the present race of Men in Britain have no Experience. But it is not to be believed that they Still Continue in this Error. They have Seen the People change their Servants frequently since they were compelled to take arms for their Defence, and yet the resistance has rather increased upon every change. They have seen the People in every State Erect Governments by their Sovereign authority, and in these Governments take special care that no Individuals should ever acquire any Influence over them. They have met with one Common Spirit of resistance every where in America, and that Spirit actuated the People without Distinction. This must undoubtedly have Convinced them long before this that the Americans are all apprehensive of Danger from the same Object and are Influenced by nothing but that Common Apprehension, and a firm resolution to meet it with Effectual Opposition.
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But altho they cannot believe it they make use of it as an Engine wherewith to deceive the timorous and unwary amongst us. They put it as an argument into the mouths of their Emissaries, and Such Inhabitants of America, as are insensible of the Blessings of Freedom, Such as are unfeeling and mean spirited enough to prefer their present ease and oppulence to the Happiness of Milions now living and of Myriads yet unborn, Such as have wickedly determined for the Hopes of private advantages to assist in enslaving the Country which gave them birth, or Support, or altered them by the pleasing prospect of Liberty and plenty, Such endeavour to avail themselves of it, to excuse their Indolence, their selfishness or their Criminal Endeavours.(3) We flatter ourselves their are few of our fellow Citizens who answer this description, but we are sorry to find there are Some, and we warn you against all who use these arguments to you. Every Man who uses them is himself convinced of their falshood, and every Man to whom they are used need but apply one moment to his own Experience to refute them. We advise you therefore to Consider all such as men who wish you to Submit to the absolute Will of a People whose rapine as appears by their Treatment of Ireland and the East Indies can never be Satisfied, as long as the most Cruel Violence can Extort any thing from you.(4)
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The War in which we are engaged for the defence of the Liberty Religion, and property of ourselves and our Posterity was begun under every disadvantage which a brave and virtuous People could struggle with. A powerfull and warlike oppressor whose Numbers of Inhabitants and boundless Commerce render her resources infinite and inex-haustable, with armies disciplined and officers Experienced, with a Fleet in every respect the Dread and Envy of the World on our part Inexperience, (went of Numbers,) want of Commerce, of warlike stores and even of (arms), and of every resource but an Inextinguishable Love of Liberty and a Confidence in the Justice of Divine Providence. In this Situation were we opposed to that Power which a few years ago Shook the most formidable Monarchies in Europe and carried Terror all over the World, (and who ungenerously as well as unjustly relying on her Superior Force insisted on binding us in all Cases whatever without our Consent, and on binding us to an absolute Submission to the Will and pleasure of her Corrupt and venal Ministers). Not detered by such Disadvantages, nor despairing of Divine aid and Protection the Virtuous Inhabitants of America determined (without Hesitation) to resist all attempts to enforce such unjust and extravagant Claims, and to maintain that Freedom which Heaven had originally bestowed on Mankind, and which their Ancestors had wrested from the Hands of usurping Tyrants, and rendering it more valuable by their Blood shed in its defence transmitted Improved to their Posterity, chusing rather to trust to the Issue of any War however callamitous, than to the boundless and Insatiable rapine of Ministers who had a whole People once great and Free to corrupt, and Consequently Innumerable Minions to employ, whose avarice or Luxury must be Satiated with the plunder extorted from the Industrious Poor in America. The Events of the War hitherto have justified our Trust in Divine Providence, and prove to us that an all wise and beneficent God will never forsake men who have virtue enough to Struggle for those Blessings which he has bestowed upon them, and who will rely on his Protection against all superiority of worldly Power, for, our unfeeling Enemy, tho possessed of the advantages of superior Force, Discipline and Experience, and employing every Engine of Fraud and violence in a three years War have acquired only one City and a small Teritory round it which by reason of their superiority in shipping could not be defended and they have been baffled in every (Considerable Enterprize) attempt to Penetrate into the Country whether from Canada or the Sea. They have been forced to fly from Boston, and have been repelled and defeated with disgrace at Charlestown, and their Efforts against Virginia, North and South Carolina, either by Invasion from the Sea, by Inroads which they procured the Savage Indians to make on Western Frontiers or the Insurrections Excited by them among the Slaves, the Ignorant Highlanders, and disaffected Tories have been all repelled and suppressed, with little Damage to us; but with Irreparable Ruin to their Instruments. Their attempts against Pennsylvania were rendered abortive, their Troops defeated, and Captivated, and their Generals forced to retreat in order to save the remains of their army from utter destruction, altho this Enterprize was undertaken under the Conduct of their most experienced officers, with a numerous, well disciplined and well appointed army at a time when we had but few Troops, and these Few under every disadvantage. This Happy event was produced by the Superior Skill and Sagacity of our Commander in Chief, by the Indefatigable perseverance and Intrepidity of our fellow Citizens who composed the army under his Command great part of which consisted of the Militia of Philadelphia, and other parts of Pennsylvania, Jersey and Maryland, and above all by the peculiar Interposition of Divine Providence. Ever Since they have been confined to Straight Quarter and never attempted to pass without them but they are repulsed defeated or taken Prisoners.
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The Campaign is now nearly ready to open. We have large Supplies of Arms and Military Stores, we have large Magazines of Provisions, and our Country abounds in plenty, for among other marks of Divine favor Heaven has blessed us with Extraordinary fruitfulness. Your Delegates in Congress have provided a liberal, and they Hope useful Establishment for the assistance and care of all who during the Course of the War may be afflicted with Wounds or diseases and are taking every precaution to preserve the Health of their fellow Citizens who must form the armies. Nothing is now wanting but the Zealous Exertions of our brave fellow Citizens to Compleat our armies, and to man our Navy, and to watch, detect, and suppress the Tories amongst us with Spirit and Vigilence.
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For these purpose[s] we Exhort you every where to use every Effort for recruiting the Battalions from our brave and Magnanimous Youth, to whom must be due the Glory of Freeing their Country from Oppression, and bestowing Liberty and Happiness on their Families to be transmitted to future ages in a bright and improving Succession, to Apprehend all Deserters who not only disgrace themselves by quitting so Noble a Conflict, but Rob you of the Monies which have been advanced to them, to Seize and bring to legal punishment all who Endeavour to deceive any men into a Belief that they ought to Submit to the absolute Dominion of Britain or to renounce that Independance which alone can Secure us from it, in a Word to Employ the most vigorous and Zealous Vigilence in Executing the Laws Enacted by every State upon Offenders against the public cause. We have the Strongest Confidence that the men You entrust with the Power of making Laws will provide such as will be Competent to every desirable purpose, and we assure you that we shall not remit the greatest care, attention and Vigor in discharging the Duties you have Enjoyned us to perform.(5)
May the all bountiful, Merciful, and Gracious God enable us to Conclude the War in a short time, and with as little Misery to Mankind as possible, and so may he prosper our Endeavours as he knows our Intentions are void of ambition, and of every Motive but that of Securing those Blessings which we derive from him as the Great and bountiful Father of Mankind. We hope Fellow Citizens that your Virtue and Piety will always merit his Divine Protection, and we humbly beseech him to make you the Care of his All righteous Providence. MS (Nc-Ar). In the hand of Thomas Burke and endorsed by him: "Rough [draft] of an address to the People drawn when member of Congress in 1777."
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1 In order to mobilize popular support for the forthcoming campaign, Congress appointed Burke, William Duer, and James Wilson on April 30 "to prepare an address to the inhabitants of the thirteen United States, on the present situation of public affairs." On May 29 the committee submitted a draft address to Congress, written by Wilson and containing marginal comments by Burke, which reviewed the controversy between America and Great Britain and exhorted the American people to defend their rights vigorously against British tyranny. Congress read the address but took no further action on it. There is no explanation in the journals or in the delegates' surviving correspondence of Congress' failure to approve the address, but Wilson's bombastic style and occasional lack of clarity may have convinced many delegates that his work was unsuited for a popular audience. This conclusion is suggested by a marginal comment Burke made about Wilson's justification of the adoption of the Declaration of Independence: "This does not enter my Mind with sufficient force, clearness and Simplicity, neither the reasoning or motive is full, satisfactory or conclusive." PCC, item 24, fols. 233-39; and JCC, 7:314, 8:397-404. Burke's remark is reminiscent of Congress' reaction to one of Wilson's earlier literary efforts, for in February 1776 it had rejected his proposed address to the colonies on the grounds that it was "very long, badly written & full against Independence." See Richard Smith's Diary, February 13, 1776.
Burke doubtless drafted the address printed here sometime between his appointment to the committee on April 30 and the submission of Wilson's address to Congress on May 29. Burke's address differs greatly in content and style from Wilson's and a careful comparison of the two fails to reveal any influence by Burke on Wilson's work. As there is no known testimony of the three committee members about their work, it is impossible to determine why they preferred Wilson's draft to Burke's, which is in many respects a more vigorous statement.
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2 On a detached sheet Burke wrote what might be a variant draft of the preceding sentence: "By this the Political union between you and Great Britain was dissolved, and because you would not be slaves you were not suffered to be subjects."
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3 After this sentence in the MS Burke first wrote and then deleted: "of all such we warn you to beware."
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4 At this point Burke apparently decided to discontinue the present draft and start afresh. On the next MS page he first drew up an outline for a new draft- "1. General Situation of affairs. 2. Suggestions of the Enemy's Arts. 3. Cautions and Incentives-[traitors?], Deserters. Trace the Steps leading to Indepen[den]ce and Shew the Necessity of Defending that in order to prevent the claims of our Enemies"-and then wrote a salutation and paragraph identical to the opening of the present address. After this, however, he deleted both the outline and opening paragraph and resumed writing his original draft.
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5 On a detached sheet Burke wrote a sentence that might have been intended for insertion near the end of this paragraph: "We advise you to be dilligent in bringing all such men to the Chastisement provided by Law for their Offenses, and Suppress and disappoint their Endeavours as you would prevent your Enemy from gaining an advantage over you."
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Can understand why they don't want us to see this one.....

Thursday, June 29, 2006

Lord paramount....

"Every measure which tends to greive one member of the Union, tends to a Dissolution; for nature teaches to seek redress: And Self preservation, among Laws, is Lord paramount."
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- David Howell to Nicholas Brown,
Letters of Delegates to Congress:
Volume 19,
Oct. 30, 1782.

Sunday, June 25, 2006

...founded on the inherent and inalienable right of all men to resist oppression...

Journal of the Senate of the United States of America,
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MONDAY, January 28, 1833.

The President communicated a letter from the Secretary of War, transmitting, for the use of the Senate, fifty printed copies of the Army Register for the present year....
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....Ordered, That it be referred to the Committee on the Militia.
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Mr. Buckner presented a preamble and resolutions of the Legislature of the State of Missouri, as follows:
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Whereas the consideration of the doctrine of nullification, (that is, the right of one or more States, at pleasure, to nullify, or render invalid the acts of the Congress of the United States,) has been urged upon the attention of this General Assembly by the message of the Governor of this State, by sundry resolutions passed by the Legislatures of sister States, and, more especially, by the recent acts of the State of South Carolina. And whereas it is deemed expedient that the Representatives of the people of Missouri should express the opinions of their constituents, as far as they are authorized so to do, upon this momentous subject: therefore,
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1. Resolved by the General Assembly of the State of Missouri, That, whilst we acknowledge the duty incumbent upon each State to guard its individual rights with watchful care, we must also admit an obligation, of nearly equal force, to guard the rights of all the other States of the Federal Union.
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2. Resolved, That we view the acts of any of the States, having even a remote tendency to destroy the Union of the several States, with extreme disapprobation and regret, because we hold the dissolution of the Union to be the certain harbinger of the destruction of the whole frame of our republican institutions.
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3. Resolved, That we most heartily concur in the sentiment of the President of the United States, as expressed in his late proclamation, that "the power to annul a law of the United States, assumed by one State, is incompatible with the existence of the Union, contradicted expressly by the letter of the constitution, unauthorized by its spirit, inconsistent with every principle on which it was formed, and destructive of the great objects for which it was formed." And we proclaim it to all concerned, as the unalterable purpose of the people of Missouri, that "our Federal Union must be preserved" at all hazards.
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4. Resolved, That a copy of these resolutions shall be sent to the President of the United States, to each of our Senators and our Representative in Congress, and to the Governor of each State in the Union.
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The preamble and resolutions were read; and
Ordered, That they be laid on the table.....
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....on the subject of the relative powers of the State Governments and those of the General Government, together with the amendment proposed thereto by Mr. Grundy; and,
On motion by Mr. Clayton,
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To amend the proposed amendment by striking out the 5th and 6th paragraphs, as follows:
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"5. That an attempt, on the part of a State, to annul an act of Congress passed upon any subject exclusively confided by the constitution to Congress, is an encroachment on the rights of the General Government.
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"6. That attempts to obstruct or prevent the execution of the several acts of Congress imposing duties on imports, whether by ordinances of Conventions, or legislative enactments, are not warranted by the constitution, and dangerous to the political institutions of the country;" and inserting the following:
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That the power to annul the several acts of Congress imposing duties on imports, or any other law of the United States, when assumed by a single State, is "incompatible with the existence of the Union, contradicted expressly by the letter of their constitution, unauthorized by its spirit, inconsistent with every principle on which it was founded, and destructive of the great object for which it was formed;" that the people of these United States are, for the purposes enumerated in their constitution, ONE PEOPLE, AND A SINGLE NATION, having delegated full power to their common agents to preserve and defend their national interests for the purpose of attaining the great end of all government, the safely and happiness of the governed; that, while the constitution does provide for the interest and safety of all the States, it does not secure all the rights of independent sovereignty to any; that the allegiance of the people is rightfully due, as it has been freely given, to the General Government, to the extent of all the sovereign power expressly ceded to that Government by the constitution; that the Supreme Court of the United States is the proper and only tribunal, in the last resort, for the decision of all cases in law and equity arising under the constitution, the laws of the United States, and treaties made under their authority; that resistance to the laws, founded on the inherent and inalienable right of all men to resist oppression, is, in its nature, revolutionary and extra-constitutional. And that, entertaining these views, the Senate of the United States, while willing to concede every thing to any honest difference of opinion which can be yielded consistently with the honor and interest of the nation, will not fail, in the faithful discharge of its most solemn duty, to support the Executive in the just administration of the Government, and to clothe it with all constitutional power necessary to the faithful execution of the laws, and the preservation of the Union.
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On motion by Mr. Calhoun,
Ordered, That the resolutions and the proposed amendments be laid on the table.
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Agreeably to the order of the day, the Senate resumed, as in Committee of the Whole the bill further to provide for the collection of duties on imports; and,
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On motion by Mr. Mangum,
That the further consideration thereof be postponed to, and made the order of the day for, Thursday next;
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It was determined in the negative,
Yeas, ... 15,
Nays, ... 30.
On motion by Mr. Mangum,
The yeas and nays being desired by one-fifth of the Senators present,
Those who voted in the affirmative, are,
Messrs. Bibb, Black, Brown, Calhoun, King, Mangum, Miller, Moore, Poindexter, Rives, Smith, Troup, Tyler, Waggaman, White.
Those who voted in the negative, are,
Messrs. Benton, Chambers, Clay, Clayton, Dallas, Dickerson, Dudley,
Ewing, Foot, Forsyth, Frelinghuysen, Grundy, Hendricks, Hill, Holmes, Johnston, Kane Knight, Prentiss, Robbins, Robinson, Ruggles, Seymour, Silsbee, Sprague, Tipton, Tomlinson, Webster, Wilkins, Wright.
After debate,
On motion by Mr. Grundy,
The Senate adjourned.
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Bet you can guess which sentence jumped out to me;
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"....that resistance to the laws, founded on the inherent and inalienable right of all men to resist oppression, is, in its nature, revolutionary and extra-constitutional."
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Had never heard the term 'extra-constitutional' before. You can also bet that it is a term that I will not allow to be forgotten....
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Another part that was particularly interesting though, at least to me, is a state making the stand for the Law of the Land - Our Constitution, and the sovereignty of it. It would be nice if we had quite a few more like that today, wouldn't it? (Not to mention an honorable Federal government, in ALL its branches). What do you suppose has happened to honor? I have been seeking it earnestly and can say that it is very difficult to find these days....
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Thursday, June 22, 2006

Well, well....what have we here?

Hope that your breakfast has had time to digest before you read the following. It sure made my stomach turn when I first read it....
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Autobiography Draft Fragment, January 6 through July 27
Thomas Jefferson,
July 27, 1821
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Adams returned to America before his election as Vice President.] future councel on our affairs in their hands. But I had no powers, no instructions, no means, and no familiarity with the subject. It had always been exclusively under his management, except as to occasional and partial deposits in the hands of Mr. Grand, banker in Paris, for special and local purposes. These last had been exhausted for some time, and I had fervently pressed the Treasury board to replenish this particular deposit; as Mr. Grand now refused to make further advances. They answered candidly that no funds could be obtained until the new government should get into action, and have time to make it's arrangements. Mr. Adams had received his appointment to the court of London while engaged at Paris, with Dr. Franklin and myself, in the negotiations under our joint commissions. He had repaired thence to London, without returning to the Hague to take leave of that government. He thought it necessary however to do so now, before he should leave Europe, and accordingly went there. I learned his departure from London by a letter from Mrs. Adams received on the very day on which he would arrive at the Hague. A consultation with him, & some provision for the future was indispensable, while we could yet avail ourselves of his powers. For when they would be gone, we should be without resource. I was daily dunned by a company who had formerly made a small loan to the U S. the principal of which was now become due; and our bankers in Amsterdam had notified me that the interest on our general debt would be expected in June; that if we failed to pay it, it would be deemed an act of bankruptcy and would effectually destroy the credit of the U S. and all future prospect of obtaining money there; that the loan they had been authorized to open, of which a third only was filled, had now ceased to get forward, and rendered desperate that hope of resource. I saw that there was not a moment to lose, and set out for the Hague on the 2d. morning after receiving the information of Mr. Adams's journey. I went the direct road by Louvres, Senlis, Roye, Pont St. Maxence, Bois le duc, Gournay, Peronne, Cambray, Bouchain, Valenciennes, Mons, Bruxelles, Malines, Antwerp, Mordick, dick, and Rotterdam, to the Hague, where I happily found Mr. Adams. He concurred with me at once in opinion that something must be done, and that we ought to risk ourselves on doing it without instructions, to save the credit of the U S. We foresaw that before the new government could be adopted, assembled, establish it's financial system, get the money into the treasury, and place it in Europe, considerable time would elapse; that therefore we had better provide at once for the years 88. 89. & 90. in order to place our government at it's ease, and our credit in security, during that trying interval. We set out therefore by the way of Leyden for Amsterdam, where we arrived on the 10th. I had prepared an estimate showing that
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... Florins.
there would be necessary for the year
88 ... 531,937-10
89 ... 538,540 90 ... 473,540
Total, ... 1,544,017-10...
Flor. to meet this the bankers had in hand ... 79,268-2-8
& the unsold bonds would yield ... 542,800 ... 622,068-2-8
leaving a deficit of ... 921,949-7-4
we proposed then to borrow a million yielding ... 920,000
which would leave a small deficiency of ... 1,949-7-4
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Mr. Adams accordingly executed 1000. bonds, for 1000. florins each, and deposited them in the hands of our bankers, with instructions however not to issue them until Congress should ratify the measure. This done, he returned to London, and I set out for Paris; and as nothing urgent forbade it, I determined to return along the banks of the Rhine to Strasburg, and thence strike off to Paris. I accordingly left Amsterdam on the 30th of March, and proceeded by Utrecht, Nimeguen, Cleves, Duysberg, Dusseldorf, Cologne, Bonne, Coblentz, Nassau, Hocheim, Frankfort, & made an excursion to Hanau, thence to Mayence and another excursion to Rudesheim, & Johansberg; then by Oppenheim, Worms, and Manheim, and an excursion to Heidelberg, then by Spire, Carlsruh, Rastadt & Kelh, to Strasburg, where I arrived Apr. 16th, and proceeded again on the 18th, by Phalsbourg, Fenestrange, Dieuze, Moyenvie, Nancy, Toul, Ligny, Barleduc, St. Diziers, Vitry, Chalons sur Marne, Epernay, Chateau Thierri, Meaux, to Paris where I arrived on the 23d. of April1; and I had the satisfaction to reflect that by this journey our credit was secured, the new government was placed at ease for two years to come, and that
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[Note 1 A journal of this tour, kept by Jefferson, is printed in Washington's edition of his writings, ix., 373.] as well as myself were relieved from the torment of incessant duns, whose just complaints could not be silenced by any means within our power.
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A Consular Convention had been agreed on in 84. between Dr. Franklin and the French government containing several articles so entirely inconsistent with the laws of the several states, and the general spirit of our citizens, that Congress withheld their ratification, and sent it back to me with instructions to get those articles expunged or modified so as to render them compatible with our laws. The minister retired unwillingly from these concessions, which indeed authorized the exercise of powers very offensive in a free state. After much discussion it was reformed in a considerable degree, and the Convention was signed by the Count Montmorin and myself, on the 14th. of Nov. 88 not indeed such as I would have wished; but such as could be obtained with good humor & friendship.(1)
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[Note 1 Among the Jefferson MSS. in the Department of State are printed copies of both the consular conventions negotiated by Franklin and Jefferson, and the original draft of the latter, in Jefferson's handwriting.]
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Inconsistent with the laws of the several states, you say, Tom? And to the general spirit of our citizens as well, eh? Bet I can guess what it was that was so inconsistent. How about you? Most bill collectors don't generally like facing armed debtors. Looks like the Count is finally getting his way with us though, doesn't it?

That Tom, he sure had some wisdom....

"It awakens the people from the slumber over public proceedings in which they are involved. It obliges every member to consult his district on the simple question of war or peace: it shews the people on which side of the house are the friends of their peace as well as their rights, & brings back those friends to the next session supported by the whole American people. I do not know however whether this last measure will be proposed. The late maneuvres have added another proof to the inefficiency of constitutional barriers."
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- Thomas Jefferson to James Monroe, March 21, 1798
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"The gift of provisions was but an act of that friendship to them, when in the same distress, which had induced us to give five times as much to the less friendly nation of the Creeks. But we have given arms to them. We believe it is the practice of every white nation to give arms to the neighboring Indians. The agents of Spain have done it abundantly, and, we suppose, not out of their own pockets, and this for purposes of avowed hostility on us; and they have been liberal in promises of further supplies. We have given a few arms to a very friendly tribe, not to make war on Spain, but to defend themselves from the atrocities of a vastly more numerous and powerful people, and one which, by a series of unprovoked and even unrepelled attacks on us, is obliging us to look toward war as the only means left of curbing their insolence."
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- Thomas Jefferson to William Carmichael and William Short, June 30, 1793
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"The last hope of human liberty in this world rests on us. We ought, for so dear a state to sacrifice every attachment and every enmity. Leave the President free to choose his own coadjutors, to pursue his own measures, and support him and them, even if we think we are wiser than they, honester than they are, or possessing more enlarged information of the state of things. If we move in mass, be it ever so circuitously, we shall attain our object; but if we break into squads, every one pursuing the path he thinks most direct, we become an easy conquest to those who can now barely hold us in check. I repeat again, that we ought not to schismatize on either men or measures. Principles alone can justify that. If we find our government in all its branches rushing headlong, like our predecessors, into the arms of monarchy, if we find them violating our dearest rights, the trial by jury, the freedom of the press, the freedom of opinion, civil or religious, or opening on our peace of mind or personal safety the sluices of terrorism, if we see them raising standing armies, when the absence of all other danger points to these as the sole objects on which they are to be employed, then indeed let us withdraw and call the nation to its tents. But while our functionaries are wise, and honest, and vigilant, let us move compactly under their guidance, and we have nothing to fear. Things may here and there go a little wrong. It is not in their power to prevent it. But all will be right in the end, though not perhaps by the shortest means."
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- Thomas Jefferson to William Duane, March 28, 1811
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Personal safety, you say Tom? Hmmmmm......

Monday, June 19, 2006

Ilegal aliens have Constitutional Rights you say? NOT according to Mr. Jefferson....

Thomas Jefferson to Albert Gallatin,
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June 26, 1806
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The Attorney-General being absent, we must decide for ourselves the question raised by Colonel Newton's letter, whether Mr. Cooper can own a registered vessel? or, in other words, whether he is a citizen of the United States?
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I hold the right of expatriation to be inherent in every man by the laws of nature, and incapable of being rightfully taken from him even by the united will of every other person in the nation. If the laws have provided no particular mode by which the right of expatriation may be exercised, the individual may do it by any effectual and unequivocal act or declaration. The laws of Virginia have provided a mode; Mr. Cooper is said to have exercised his right solemnly and exactly according to that mode, and to have departed from the Commonwealth; whereupon the law declares that "he shall thenceforth be deemed no citizen." Returning afterwards he returns an alien, and must proceed to make himself a citizen if he desires it, as every other alien does. At present he can hold no lands, receive nor transmit any inheritance, nor enjoy any other right peculiar to a citizen.
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The general government has nothing to do with this question. Congress may by the Constitution "establish an uniform rule of naturalization," that is, by what rule an alien may become a citizen. But they cannot take from a citizen his natural right of divesting himself of the character of a citizen by expatriation.
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Now that's really something, isn't it?

Friday, June 16, 2006

This pretty much covers it....

The Debates in the Several State Conventions on the Adoption of the Federal Constitution
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[Elliot's Debates, Volume 1]
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13. RHODE ISLAND.
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May 29th, 1789
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[The Constitution of the United States of America precedes the following ratification.]
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Ratification of the Constitution by the Convention of the State of Rhode Island andProvidence Plantations.
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We, the delegates of the people of the state of Rhode Island and Providence Plantations, duly elected and met in Convention, having maturely considered the Constitution for the United States of America, agreed to on the seventeenth day of September, in the year one thousand seven hundred and eighty-seven, by the Convention then assembled at Philadelphia, in the commonwealth of Pennsylvania, (a copy whereof precedes these presents,) and having also seriously and deliberately considered the present situation of this state, do declare and make known,--
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I. That there are certain natural rights of which men, when they form a social compact, cannot deprive or divest their posterity,--among which are the enjoyment of life and liberty, with the means of acquiring, possessing, and protecting property, and pursuing and obtaining happiness and safety.
II. That all power is naturally vested in, and consequently derived from, the people; that magistrates, therefore, are their trustees and agents, and at all times amenable to them.
III. That the powers of government may be reassumed by the people whensoever it shall become necessary to their happiness. That the rights of the states respectively to nominate and appoint all state officers, and every other power, jurisdiction, and right, which is not by the said Constitution clearly delegated to the Congress of the United States, or to the departments of government thereof, remain to the people of the several states, or their respective state governments, to whom they may have granted the same; and that those clauses in the Constitution which declare that Congress shall not have or exercise certain powers, do not imply that Congress is entitled to any powers not given by the said Constitution; but such clauses are to be construed as exceptions to certain specified powers, or as inserted merely for greater caution.
IV. That religion, or the duty which we owe to our Creator, and the manner of discharging it, can be directed only by reason and conviction, and not by force and violence; and therefore all men have a natural, equal, and unalienable right to the exercise of religion according to the dictates of conscience; and that no particular religious sect or society ought to be favored or established, by law, in preference to others.
V. That the legislative, executive, and judiciary powers of government should be separate and distinct; and, that the members of the two first may be restrained from oppression, by feeling and participating the public burdens, they should, at fixed periods, be reduced to a private station, returned into the mass of the people, and the vacancies be supplied by certain and regular elections, in which all or any part of the former members to be eligible or ineligible, as the rules of the constitution of government and the laws shall direct.
VI. That elections of representatives in legislature ought to be free and frequent; and all men having sufficient evidence of permanent common interest with, and attachment to, the community, ought to have the right of suffrage; and no aid, charge, tax, or fee, can be set, rated, or levied, upon the people without their own consent, or that of their representatives so elected, nor can they be bound by any law to which they have not in like manner consented for the public good.
VII. That all power of suspending laws, or the execution of laws, by any authority, without the consent of the representatives of the people in the legislature, is injurious to their rights, and ought not to be exercised.
VIII. That, in all capital and criminal prosecutions, a man hath the right to demand the cause and nature of his accusation, to be confronted with the accusers and witnesses, to call for evidence, and be allowed counsel in his favor, and to a fair and speedy trial by an impartial jury in his vicinage, without whose unanimous consent he cannot be found guilty, (except in the government of the land and naval forces,) nor can he be compelled to give evidence against himself.
IX. That no freeman ought to be taken, imprisoned, or disseized of his freehold, liberties, privileges, or franchises, or outlawed, or exiled, or in any manner destroyed or deprived of his life, liberty or property, but by the trial by jury, or by the law of the land.
X. That every freeman restrained of his liberty is entitled to a remedy, to inquire into the lawfulness thereof, and to remove the same if unlawful, and that such remedy ought not to be denied or delayed.
XI. That in controversies respecting property, and in suits between man and man, the ancient trial by jury, as hath been exercised by us and our ancestors, from the
time whereof the memory of man is not to the contrary, is one of the greatest securities to the rights of the people, and ought to remain sacred and inviolable.
XII. That every freeman ought to obtain right and justice, freely and without sale completely and without denial, promptly and without delay; and that all establishments or regulations contravening these rights are oppressive and unjust.
XIII. That excessive bail ought not to be required, nor excessive fines imposed, nor cruel or unusual punishments inflicted.
XIV. That every person has a right to be secure from all unreasonable searches and seizures of his person his papers, or his property; and therefore, that all warrants to search suspected places, to seize any person, his papers, or his property, without information upon oath or affirmation of sufficient cause, are grievous and oppressive; and that all general warrants (or such in which the place or person suspected are not particularly designated) are dangerous, and ought not to be granted.
XV. That the people have a right peaceably to assemble together to consult for their common good, or to instruct their representatives; and that every person has a right to petition or apply to the legislature for redress of grievances.
XVI. That the people have a right to freedom of speech, and of writing and publishing their sentiments. That freedom of the press is one of the greatest bulwarks of liberty, and ought not to be violated.
XVII. That the people have a right to keep and bear arms; that a well-regulated militia, including the body of the people capable of bearing arms, is the proper, natural, and safe defence of a free state; that the militia shall not be subject to martial law, except in time of war, rebellion, or insurrection; that standing armies, in time of peace, are dangerous to liberty, and ought not to be kept up, except in cases of necessity; and that, at all times, the military should be under strict subordination to the civil power; that, in time of peace, no soldier ought to be quartered in any house without the consent of the owner, and in time of war only by the civil magistrates, in such manner as the law directs.
XVIII. That any person religiously scrupulous of bearing arms ought to be exempted upon payment of an equivalent to employ another to bear arms in his stead.
Under these impressions, and declaring that the rights aforesaid cannot be abridged or violated, and that the explanations aforesaid are consistent with the said Constitution, and in confidence that the amendments hereafter mentioned will receive an early and mature consideration, and, conformably to the fifth article of said Constitution, speedily become a part thereof,--We, the said delegates, in the name and in the behalf of the people of the state of Rhode Island and Providence Plantations, do, by these presents, assent to and ratify the said Constitution. In full confidence, nevertheless, that, until the amendments hereafter proposed and undermentioned shall be agreed to and ratified, pursuant to the aforesaid fifth article, the militia of this state will not be continued in service out of this state, for a longer term than six weeks, without the consent of the legislature thereof; that the Congress will not make or alter any regulation in this state respecting the times, places, and manner, of holding elections for senators or representatives, unless the legislature of this state shall neglect or refuse to make laws or regulations for the purpose, or, from any circumstance, be incapable of making the same; and that, in those cases, such power will only be exercised until the legislature of this state shall make provision in the premises; that the Congress will not lay direct taxes within this state, but when the moneys arising from impost, tonnage, and excise, shall be insufficient for the public exigencies, nor until the Congress shall have first made a requisition upon this state to assess, levy, and pay, the amount of such requisition made agreeable to the census fixed in the said Constitution, in such way and manner as the legislature of this state shall judge best; and that Congress will not lay any capitation or poll tax.
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Done in Convention, at Newport, in the county of Newport, in the state of Rhode Island and Providence Plantations, the twenty-ninth day of May, in the year of our Lord one thousand seven hundred and ninety, and in the fourteenth year of the independence of the United States of America.
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By order of the Convention.
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(Signed)DANIEL OWEN, President.
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Attest. Daniel Updike, Secretary.
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And the Convention do, in the name and behalf of the people of the state of Rhode Island and Providence Plantations, enjoin it upon the senators and representative or representatives, which may be elected to represent this state in Congress, to exert all their influence, and use all reasonable means, to obtain a ratification of the following amendments to the said Constitution, in the manner prescribed therein; and in all laws to be passed by the Congress in the mean time, to conform to the spirit of the said amendments, as far as the Constitution will admit.
Amendments.
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I. The United States shall guaranty to each state its sovereignty, freedom, and independence, and every power, jurisdiction, and right, which is not by this Constitution expressly delegated to the United States.
II. That Congress shall not alter, modify, or interfere in, the times, places, or manner, of holding elections for senators and representatives, or either of them, except when the legislature of any state shall neglect, refuse, or be disabled, by invasion or rebellion, to prescribe the same, or in case when the provision made by the state is so imperfect as that no consequent election is had, and then only until the legislature of such state shall make provision in the premises.
III. It is declared by the Convention, that the judicial power of the United States, in cases in which a state may be a party, does not extend to criminal prosecutions, or to authorize any suit by any person against a state; but, to remove all doubts or controversies respecting the same, that it be especially expressed, as a part of the Constitution of the United States, that Congress shall not, directly or indirectly, either by themselves or through the judiciary, interfere with any one of the states, in the redemption of paper money already emitted, and now in circulation, or in liquidating and discharging the public securities of any one state; that each and every state shall have the exclusive right of making such laws and regulations for the before-mentioned purpose as they shall think proper.
IV. That no amendments to the Constitution of the United States, hereafter to be made, pursuant to the fifth article, shall take effect, or become a part of the Constitution of the United States, after the year one thousand seven hundred and ninety-three, without the consent of eleven of the states heretofore united under the Confederation.
V. That the judicial powers of the United States shall extend to no possible case where the cause of action shall have originated before the ratification of this Constitution, except in disputes between states about their territory, disputes between persons claiming lands under grants of different states, and debts due to the United States.
VI. That no person shall be compelled to do military duty otherwise than by voluntary enlistment, except in cases of general invasion; any thing in the second paragraph of the sixth article of the Constitution, or any law made under the Constitution, to the contrary notwithstanding.
VII. That no capitation or poll tax shall ever be laid by Congress.
VIII. In cases of direct taxes, Congress shall first make requisitions on the several states to assess, levy, and pay, their respective proportions of such requisitions, in such way and manner as the legislatures of the several states shall judge best; and in case any state shall neglect or refuse to pay its proportion, pursuant to such requisition, then Congress may assess and levy such state's proportion, together with interest, at the rate of six per cent. per annum, from the time prescribed in such requisition.
IX. That Congress shall lay no direct taxes without the consent of the legislatures of three fourths of the states in the Union.
X. That the Journal of the proceedings of the Senate and House of Representatives shall be published as soon as conveniently may be, at least once in every year; except such parts thereof relating to treaties, alliances, or military operations, as in their judgment require secrecy.
XI. That regular statements of the receipts and expenditures of all public moneys shall be published at least once a year.
XII. As standing armies, in time of peace, are dangerous to liberty, and ought not to be kept up, except in cases of necessity, and as, at all times, the military should be under strict subordination to the civil power, that, therefore, no standing army or regular troops shall be raised or kept up in time of peace.
XIII. That no moneys be borrowed, on the credit of the United States, without the assent of two thirds of the senators and representatives present in each house.
XIV. That the Congress shall not declare war without the concurrence of two thirds of the senators and representatives present in each house.
XV. That the words "without the consent of Congress," in the seventh clause in the ninth section of the first article of the Constitution, be expunged.
XVI. That no judge of the Supreme Court of the United States shall hold any other office under the United States, or any of them; nor shall any officer appointed by Congress, or by the President and Senate of the United States, be permitted to hold any office under the appointment of any of the states.
XVII. As a traffic tending to establish or continue the slavery of any part of the human species is disgraceful to the cause of liberty and humanity, that Congress shall, as soon as may be, promote and establish such laws and regulations as may effectually prevent the importation of slaves of every description into the United States.
XVIII. That the state legislatures have power to recall, when they think it expedient, their federal senators, and to send others in their stead.
XIX. That Congress have power to establish a uniform rule of inhabitancy or settlement of the poor of the different states throughout the United States.
XX. That Congress erect no company with exclusive advantages of commerce.
XXI. That when two members shall move and call for the ayes and nays on any question, they shall be entered on the Journals of the houses respectively.
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Done in Convention, at Newport, in the county of Newport, in the state of Rhode Island and Providence Plantations, the twenty-ninth day of May, in the year of our Lord one thousand seven hundred and ninety, and the 14th year of the independence of the United States of America.
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By order of the Convention.
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(Signed)DANIEL OWEN, President.
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Attest. Daniel Updike, Secretary.

Thursday, June 15, 2006

Thomas Jefferson Quotes....

"it is the great parent of science & of virtue: and that a nation will be great in both, always in proportion as it is free."
Thomas Jefferson to Joseph Willard, March 24, 1789
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"our liberty depends on the freedom of the press, and that cannot be limited without being lost."
Thomas Jefferson to Dr. James Currie, January 28, 1786
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"nothing can now be believed which is seen in a newspaper. truth itself becomes suspicious by being put into that polluted vehicle."
Thomas Jefferson to John Norvell, June 11, 1807
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"I, however, place economy among the first and most important republican virtues, and public debt as the greatest of the dangers to be feared."
Thomas Jefferson to William Plumer, July 21, 1816
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"bigotry is the disease of ignorance, of morbid minds; enthusiasm of the free and buoyant. education & free discussion are the antidotes of both."
Thomas Jefferson to John Adams, August 1, 1816
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"What a stupendous, what an incomprehensible machine is man! Who can endure toil, famine, stripes, imprisonment & death itself in vindication of his own liberty, and the next moment . . . inflict on his fellow men a bondage, one hour of which is fraught with more misery than ages of that which he rose in rebellion to oppose."
Thomas Jefferson to Jean Nicholas Demeunier, January 24, 1786
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"yet the hour of emancipation is advancing . . . this enterprise is for the young; for those who can follow it up, and bear it through to it's consummation. it shall have all my prayers, and these are the only weapons of an old man."
Thomas Jefferson to Edward Coles, August 25, 1814
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"the two principles on which our conduct towards the Indians should be founded, are justice & fear. after the injuries we have done them, they cannot love us . . . ."
Thomas Jefferson to Benjamin Hawkins, August 13, 1786
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"The expedition of Messrs. Lewis & Clarke for exploring the river Missouri, & the best communication from that to the Pacific ocean, has had all the success which could have been expected."
Thomas Jefferson's Sixth Annual Message to Congress, December 2, 1806
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"I agree with you that it is the duty of every good citizen to use all the opportunities, which occur to him, for preserving documents relating to the history of our country."
Thomas Jefferson to Hugh P. Taylor, October 4, 1823
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"I had rather be shut up in a very modest cottage with my books, my family and a few old friends, dining on simple bacon, and letting the world roll on as it liked, than to occupy the most splendid post, which any human power can give."
Thomas Jefferson to Alexander Donald, February 7, 1788
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"Whenever the people are well informed, they can be trusted with their own government; that whenever things get so far wrong as to attract their notice, they may be relied on to set them to rights."
Thomas Jefferson to Richard Price, January 8, 1789
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"I have often thought that nothing would do more extensive good at small expense than the establishment of a small circulating library in every county, to consist of a few well-chosen books, to be lent to the people of the country under regulations as would secure their safe return in due time."
Thomas Jefferson to John Wyche, May 19, 1809
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"our particular principles of religion are a subject of accountability to our god alone. I enquire after no man's and trouble none with mine; nor is it given to us in this life to know whether yours or mine, our friend's or our foe's, are exactly the right."
Thomas Jefferson to Miles King, September 26, 1814
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" . . . there is no act, however virtuous, for which ingenuity may not find some bad motive."
Thomas Jefferson to Edward Dowse, April 19, 1803
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"When angry, count ten before you speak; if very angry, an hundred."
Thomas Jefferson to Thomas Jefferson Smith, February 21, 1825
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"I cannot live without books."
Thomas Jefferson to John Adams, June 10, 1815
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More can be found here.
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Have been working on a number of detailed projects for the website, (GunShowOnTheNet.com), hence the reason for the lite posting. In addition to recovering from the Windows failure on my system last week. Following are links to new pages on the website and to, the almost complete, The Right....
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Right to Keep and Bear Arms - Origins and Precedent
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Good Reads...
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The Right
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Sunday, June 11, 2006

Well now, what have we here?.....

Inaugural Address of James A. Garfield
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FRIDAY, MARCH 4, 1881
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Fellow-Citizens:
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We stand to-day upon an eminence which overlooks a hundred years of national life--a century crowded with perils, but crowned with the triumphs of liberty and law. Before continuing the onward march let us pause on this height for a moment to strengthen our faith and renew our hope by a glance at the pathway along which our people have traveled.
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It is now three days more than a hundred years since the adoption of the first written constitution of the United States--the Articles of Confederation and Perpetual Union. The new Republic was then beset with danger on every hand. It had not conquered a place in the family of nations. The decisive battle of the war for independence, whose centennial anniversary will soon be gratefully celebrated at Yorktown, had not yet been fought. The colonists were struggling not only against the armies of a great nation, but against the settled opinions of mankind; for the world did not then believe that the supreme authority of government could be safely intrusted to the guardianship of the people themselves.
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We can not overestimate the fervent love of liberty, the intelligent courage, and the sum of common sense with which our fathers made the great experiment of self-government. When they found, after a short trial, that the confederacy of States, was too weak to meet the necessities of a vigorous and expanding republic, they boldly set it aside, and in its stead established a National Union, founded directly upon the will of the people, endowed with full power of self-preservation and ample authority for the accomplishment of its great object.
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Under this Constitution the boundaries of freedom have been enlarged, the foundations of order and peace have been strengthened, and the growth of our people in all the better elements of national life has indicated the wisdom of the founders and given new hope to their descendants. Under this Constitution our people long ago made themselves safe against danger from without and secured for their mariners and flag equality of rights on all the seas. Under this Constitution twenty-five States have been added to the Union, with constitutions and laws, framed and enforced by their own citizens, to secure the manifold blessings of local self-government.
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The jurisdiction of this Constitution now covers an area fifty times greater than that of the original thirteen States and a population twenty times greater than that of 1780.
The supreme trial of the Constitution came at last under the tremendous pressure of civil war. We ourselves are witnesses that the Union emerged from the blood and fire of that conflict purified and made stronger for all the beneficent purposes of good government.
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And now, at the close of this first century of growth, with the inspirations of its history in their hearts, our people have lately reviewed the condition of the nation, passed judgment upon the conduct and opinions of political parties, and have registered their will concerning the future administration of the Government. To interpret and to execute that will in accordance with the Constitution is the paramount duty of the Executive.
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Even from this brief review it is manifest that the nation is resolutely facing to the front, resolved to employ its best energies in developing the great possibilities of the future. Sacredly preserving whatever has been gained to liberty and good government during the century, our people are determined to leave behind them all those bitter controversies concerning things which have been irrevocably settled, and the further discussion of which can only stir up strife and delay the onward march.
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The supremacy of the nation and its laws should be no longer a subject of debate. That discussion, which for half a century threatened the existence of the Union, was closed at last in the high court of war by a decree from which there is no appeal--that the Constitution and the laws made in pursuance thereof are and shall continue to be the supreme law of the land, binding alike upon the States and the people. This decree does not disturb the autonomy of the States nor interfere with any of their necessary rights of local self-government, but it does fix and establish the permanent supremacy of the Union.
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The will of the nation, speaking with the voice of battle and through the amended Constitution, has fulfilled the great promise of 1776 by proclaiming "liberty throughout the land to all the inhabitants thereof."
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The elevation of the negro race from slavery to the full rights of citizenship is the most important political change we have known since the adoption of the Constitution of 1787. NO thoughtful man can fail to appreciate its beneficent effect upon our institutions and people. It has freed us from the perpetual danger of war and dissolution. It has added immensely to the moral and industrial forces of our people. It has liberated the master as well as the slave from a relation which wronged and enfeebled both. It has surrendered to their own guardianship the manhood of more than 5,000,000 people, and has opened to each one of them a career of freedom and usefulness. It has given new inspiration to the power of self-help in both races by making labor more honorable to the one and more necessary to the other. The influence of this force will grow greater and bear richer fruit with the coming years.
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No doubt this great change has caused serious disturbance to our Southern communities. This is to be deplored, though it was perhaps unavoidable. But those who resisted the change should remember that under our institutions there was no middle ground for the negro race between slavery and equal citizenship. There can be no permanent disfranchised peasantry in the United States. Freedom can never yield its fullness of blessings so long as the law or its administration places the smallest obstacle in the pathway of any virtuous citizen.
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The emancipated race has already made remarkable progress. With unquestioning devotion to the Union, with a patience and gentleness not born of fear, they have "followed the light as God gave them to see the light." They are rapidly laying the material foundations of self-support, widening their circle of intelligence, and beginning to enjoy the blessings that gather around the homes of the industrious poor. They deserve the generous encouragement of all good men. So far as my authority can lawfully extend they shall enjoy the full and equal protection of the Constitution and the laws.
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The free enjoyment of equal suffrage is still in question, and a frank statement of the issue may aid its solution. It is alleged that in many communities negro citizens are practically denied the freedom of the ballot. In so far as the truth of this allegation is admitted, it is answered that in many places honest local government is impossible if the mass of uneducated negroes are allowed to vote. These are grave allegations. So far as the latter is true, it is the only palliation that can be offered for opposing the freedom of the ballot. Bad local government is certainly a great evil, which ought to be prevented; but to violate the freedom and sanctities of the suffrage is more than an evil. It is a crime which, if persisted in, will destroy the Government itself. Suicide is not a remedy. If in other lands it be high treason to compass the death of the king, it shall be counted no less a crime here to strangle our sovereign power and stifle its voice.
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It has been said that unsettled questions have no pity for the repose of nations. It should be said with the utmost emphasis that this question of the suffrage will never give repose or safety to the States or to the nation until each, within its own jurisdiction, makes and keeps the ballot free and pure by the strong sanctions of the law.
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But the danger which arises from ignorance in the voter can not be denied. It covers a field far wider than that of negro suffrage and the present condition of the race. It is a danger that lurks and hides in the sources and fountains of power in every state. We have no standard by which to measure the disaster that may be brought upon us by ignorance and vice in the citizens when joined to corruption and fraud in the suffrage.
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The voters of the Union, who make and unmake constitutions, and upon whose will hang the destinies of our governments, can transmit their supreme authority to no successors save the coming generation of voters, who are the sole heirs of sovereign power. If that generation comes to its inheritance blinded by ignorance and corrupted by vice, the fall of the Republic will be certain and remediless.
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The census has already sounded the alarm in the appalling figures which mark how dangerously high the tide of illiteracy has risen among our voters and their children.
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To the South this question is of supreme importance. But the responsibility for the existence of slavery did not rest upon the South alone. The nation itself is responsible for the extension of the suffrage, and is under special obligations to aid in removing the illiteracy which it has added to the voting population. For the North and South alike there is but one remedy. All the constitutional power of the nation and of the States and all the volunteer forces of the people should be surrendered to meet this danger by the savory influence of universal education.
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It is the high privilege and sacred duty of those now living to educate their successors and fit them, by intelligence and virtue, for the inheritance which awaits them.
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In this beneficent work sections and races should be forgotten and partisanship should be unknown. Let our people find a new meaning in the divine oracle which declares that "a little child shall lead them," for our own little children will soon control the destinies of the Republic.
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My countrymen, we do not now differ in our judgment concerning the controversies of past generations, and fifty years hence our children will not be divided in their opinions concerning our controversies. They will surely bless their fathers and their fathers' God that the Union was preserved, that slavery was overthrown, and that both races were made equal before the law. We may hasten or we may retard, but we can not prevent, the final reconciliation. Is it not possible for us now to make a truce with time by anticipating and accepting its inevitable verdict?
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Enterprises of the highest importance to our moral and material well-being unite us and offer ample employment of our best powers. Let all our people, leaving behind them the battlefields of dead issues, move forward and in their strength of liberty and the restored Union win the grander victories of peace.
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The prosperity which now prevails is without parallel in our history. Fruitful seasons have done much to secure it, but they have not done all. The preservation of the public credit and the resumption of specie payments, so successfully attained by the Administration of my predecessors, have enabled our people to secure the blessings which the seasons brought.
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By the experience of commercial nations in all ages it has been found that gold and silver afford the only safe foundation for a monetary system. Confusion has recently been created by variations in the relative value of the two metals, but I confidently believe that arrangements can be made between the leading commercial nations which will secure the general use of both metals. Congress should provide that the compulsory coinage of silver now required by law may not disturb our monetary system by driving either metal out of circulation. If possible, such an adjustment should be made that the purchasing power of every coined dollar will be exactly equal to its debt-paying power in all the markets of the world.
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The chief duty of the National Government in connection with the currency of the country is to coin money and declare its value. Grave doubts have been entertained whether Congress is authorized by the Constitution to make any form of paper money legal tender. The present issue of United States notes has been sustained by the necessities of war; but such paper should depend for its value and currency upon its convenience in use and its prompt redemption in coin at the will of the holder, and not upon its compulsory circulation. These notes are not money, but promises to pay money. If the holders demand it, the promise should be kept.
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The refunding of the national debt at a lower rate of interest should be accomplished without compelling the withdrawal of the national-bank notes, and thus disturbing the business of the country.
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I venture to refer to the position I have occupied on financial questions during a long service in Congress, and to say that time and experience have strengthened the opinions I have so often expressed on these subjects.
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The finances of the Government shall suffer no detriment which it may be possible for my Administration to prevent.
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The interests of agriculture deserve more attention from the Government than they have yet received. The farms of the United States afford homes and employment for more than one-half our people, and furnish much the largest part of all our exports. As the Government lights our coasts for the protection of mariners and the benefit of commerce, so it should give to the tillers of the soil the best lights of practical science and experience.
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Our manufacturers are rapidly making us industrially independent, and are opening to capital and labor new and profitable fields of employment. Their steady and healthy growth should still be matured. Our facilities for transportation should be promoted by the continued improvement of our harbors and great interior waterways and by the increase of our tonnage on the ocean.
The development of the world's commerce has led to an urgent demand for shortening the great sea voyage around Cape Horn by constructing ship canals or railways across the isthmus which unites the continents. Various plans to this end have been suggested and will need consideration, but none of them has been sufficiently matured to warrant the United States in extending pecuniary aid. The subject, however, is one which will immediately engage the attention of the Government with a view to a thorough protection to American interests. We will urge no narrow policy nor seek peculiar or exclusive privileges in any commercial route; but, in the language of my predecessor, I believe it to be the right "and duty of the United States to assert and maintain such supervision and authority over any interoceanic canal across the isthmus that connects North and South America as will protect our national interest."
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The Constitution guarantees absolute religious freedom. Congress is prohibited from making any law respecting an establishment of religion or prohibiting the free exercise thereof. The Territories of the United States are subject to the direct legislative authority of Congress, and hence the General Government is responsible for any violation of the Constitution in any of them. It is therefore a reproach to the Government that in the most populous of the Territories the constitutional guaranty is not enjoyed by the people and the authority of Congress is set at naught. The Mormon Church not only offends the moral sense of manhood by sanctioning polygamy, but prevents the administration of justice through ordinary instrumentalities of law.
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In my judgment it is the duty of Congress, while respecting to the uttermost the conscientious convictions and religious scruples of every citizen, to prohibit within its jurisdiction all criminal practices, especially of that class which destroy the family relations and endanger social order. Nor can any ecclesiastical organization be safely permitted to usurp in the smallest degree the functions and powers of the National Government.
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The civil service can never be placed on a satisfactory basis until it is regulated by law. For the good of the service itself, for the protection of those who are intrusted with the appointing power against the waste of time and obstruction to the public business caused by the inordinate pressure for place, and for the protection of incumbents against intrigue and wrong, I shall at the proper time ask Congress to fix the tenure of the minor offices of the several Executive Departments and prescribe the grounds upon which removals shall be made during the terms for which incumbents have been appointed.
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Finally, acting always within the authority and limitations of the Constitution, invading neither the rights of the States nor the reserved rights of the people, it will be the purpose of my Administration to maintain the authority of the nation in all places within its jurisdiction; to enforce obedience to all the laws of the Union in the interests of the people; to demand rigid economy in all the expenditures of the Government, and to require the honest and faithful service of all executive officers, remembering that the offices were created, not for the benefit of incumbents or their supporters, but for the service of the Government.
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And now, fellow-citizens, I am about to assume the great trust which you have committed to my hands. I appeal to you for that earnest and thoughtful support which makes this Government in fact, as it is in law, a government of the people.
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I shall greatly rely upon the wisdom and patriotism of Congress and of those who may share with me the responsibilities and duties of administration, and, above all, upon our efforts to promote the welfare of this great people and their Government I reverently invoke the support and blessings of Almighty God.
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Can you imagine that? President Garfield covered a LOT of ground there, didn't he? One of the parts I found most interesting was; "founded directly upon the will of the people, endowed with full power of self-preservation and ample authority for the accomplishment of its great object."
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Even more interesting, and somewhat perplexing in light of our present circumstances, was when he stated "The supremacy of the nation and its laws should be no longer a subject of debate. That discussion, which for half a century threatened the existence of the Union, was closed at last in the high court of war by a decree from which there is no appeal--that the Constitution and the laws made in pursuance thereof are and shall continue to be the supreme law of the land, binding alike upon the States and the people." And, "Finally, acting always within the authority and limitations of the Constitution, invading neither the rights of the States nor the reserved rights of the people." Sort of makes that whole 'states rights' concerning 'Gun Control' contention vaporize into thin air, doesn't it?
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But, I especially liked the part about "The civil service can never be placed on a satisfactory basis until it is regulated by law. For the good of the service itself, for the protection of those who are intrusted with the appointing power against the waste of time and obstruction to the public business caused by the inordinate pressure for place, and for the protection of incumbents against intrigue and wrong, I shall at the proper time ask Congress to fix the tenure of the minor offices of the several Executive Departments and prescribe the grounds upon which removals shall be made during the terms for which incumbents have been appointed." Sort of gave me a warm feeling all over just thinking about it. How about you?