It is in vain, sir, to extenuate the matter. Gentlemen may cry, Peace, peace! but there is no peace. The war is actually begun! The next gale that sweeps from the North will bring to our ears the clash of resounding arms! Our brethren are already in the field! Why stand we here idle? What is it that gentlemen wish? What would they have? Is life so dear, or peace so sweet, as to be purchased at the price of chains and slavery? Forbid it, Almighty G.o.d! I know not what course others may take, but as for me, give me liberty or give me death!
II. COERCION OF DELINQUENT STATES
ALEXANDER HAMILTON
In the summer of 1788 the New York Convention a.s.sembled at Poughkeepsie to consider the question of the ratification of the Const.i.tution of the United States. Forty-six of the sixty-five delegates at first stoutly opposed ratification. Hamilton in a series of speeches upheld the Const.i.tution, and when the vote was taken a majority of three sustained his position. The following is an extract from one of those speeches:
The honorable member who spoke yesterday went into an explanation of a variety of circ.u.mstances, to prove the expediency of a change in our National Government, and the necessity of a firm Union. At the same time he described the great advantages which this state, in particular, receives from the Confederacy, and its peculiar weaknesses when abstracted from the Union. In doing this he advanced a variety of arguments which deserve serious consideration.
Sir, it appears to me extraordinary, that while the gentlemen in one breath acknowledge that the old Confederation requires many material amendments, they should in the next deny that its defects have been the cause of our political weakness and the consequent calamities of our country. We contend that the radical vice in the old Confederation is that the laws of the Union apply only to States in their corporate capacity. Has not every man who has been in our Legislature experienced the truth of this position? It is inseparable from the disposition of bodies who have a const.i.tutional power of resistance to examine the merits of a law. The States have almost uniformly weighed the requisitions by their own local interests, and have only executed them so far as answered their particular convenience or advantage. Hence there have ever been thirteen different bodies to judge of the measures of Congress, and the operations of Government have been distracted by their taking different courses. Those which were to be benefited have complied with the requisitions; others have totally disregarded them.
Have not all of us been witnesses to the unhappy embarra.s.sments which resulted from these proceedings? Even during the late war, while the pressure of common danger connected strongly the bond of our union, and incited to vigorous exertion, we have felt many distressing effects of the important system. How have we seen this State, though most exposed to the calamities of the war, complying in an unexampled manner with the federal requisitions, and compelled by the delinquency of others to bear most unusual burdens! Our misfortunes in a great degree proceeded from the want of vigor in the Continental Government.
From the delinquency of those States which have suffered little by the war, we naturally conclude that they have made no efforts; and a knowledge of human nature will teach us that their ease and security have been a princ.i.p.al cause of their want of exertion. While danger is distant its impression is weak, and while it affects only our neighbors we have few motives to provide against it. Sir, if we have national objects to pursue we must have national revenues. If you make requisitions and they are not complied with what is to be done? It has been observed to coerce the States is one of the maddest projects that was ever devised. A failure of compliance will never be confined to a single State. This being the case can we suppose it wise to hazard a civil war? Suppose Ma.s.sachusetts, or any large State, should refuse and Congress should attempt to compel them, would they not have influence to procure a.s.sistance, especially from those States which are in the same situation as themselves? What picture does this idea present to our view? A complying State at war with a non-complying State; Congress marching the troops of one State into the bosom of another; this State collecting auxiliaries and forming, perhaps, a majority against its federal head. Here is a nation at war with itself. Can any reasonable man be well disposed toward a government which makes war and carnage the only means of supporting itself--a government that can exist only by the sword? Every such war must involve the innocent with the guilty. This single consideration should be sufficient to dispose every peaceable citizen against such a government.
But can we believe that one State will ever suffer itself to be used as an instrument of coercion? The thing is a dream; it is impossible. Then we are brought to this dilemma--either a federal standing army is to enforce the requisitions, or the federal treasury is left without supplies, and the Government without support. What, sir, is the cure for this great evil? Nothing, but to enable the national laws to operate on individuals in the same manner as those of the States do. This is the true reasoning upon the subject, sir. The gentlemen appear to acknowledge its force; and yet, while they yield to the principle, they seem to fear its application to the government.
What, then, shall we do? Shall we take the old Confederation as a basis of a new system? Can this be the object of the gentlemen? Certainly not.
Will any man who entertains a wish for the safety of his country trust the sword and purse with a single a.s.sembly organized on principles so defective, so rotten? Though we might give to such a government certain powers with safety, yet to give them the full and unlimited powers of taxation and the national forces would be to establish a despotism, the definition of which is, a government in which all power is concentrated in a single body. To take the old Confederation and fashion it upon these principles would be establishing a power which would destroy the liberties of the people. These considerations show clearly that a government totally different must be inst.i.tuted. They had weight in the convention who formed the new system. It was seen that the necessary powers were too great to be trusted to a single body; they therefore formed two branches and divided the powers that each might be a check upon the other. This was the result of their wisdom and I presume every reasonable man will agree to it. The more this subject is explained the more clear and convincing it will appear to every member of this body.
The fundamental principle of the old Confederation is defective; we must totally eradicate and discard this principle before we can expect an efficient government.
III. THE REPLY TO HAYNE
DANIEL WEBSTER
This speech was delivered in the Senate, January 26, 1830. The doctrine of Nullification and State Rights had been set forth with great zeal and ability by Senator Hayne of South Carolina. The arguments were overthrown by the masterly speech of Webster.
If anything be found in the national Const.i.tution, either by original provision or subsequent interpretation, which ought not to be in it, the people know how to get rid of it. If any construction unacceptable to them be established, so as to become practically a part of the Const.i.tution, they will amend it at their own sovereign pleasure. But while the people choose to maintain it as it is, while they are satisfied with it, and refuse to change it, who has given, or who can give, to the State legislatures a right to alter it either by interference, construction, or otherwise? Gentlemen do not seem to recollect that the people have any power to do anything for themselves.
They imagine there is no safety for them, any longer than they are under the close guardianship of the State legislatures. Sir, the people have not trusted their safety, in regard to the general Const.i.tution, to these hands. They have required other security, and taken other bonds.
They have chosen to trust themselves, first, to the plain words of the instrument, and to such construction as the government itself, in doubtful cases, should put on its own powers, under its oaths of office, and subject to its responsibility to them; just as the people of a State trust their own State governments with a similar power. Secondly, they have reposed their trust in the efficacy of frequent elections, and in their own power to remove their own servants and agents whenever they see cause. Thirdly, they have reposed trust in the judicial power, which, in order that it might be trustworthy, they have made as respectable, as disinterested, and as independent as was practicable.
Fourthly, they have seen fit to rely, in case of necessity or high expediency, on their known and admitted power to alter or amend the Const.i.tution peaceably and quietly, whenever experience shall point out defects or imperfections. And, finally, the people of the United States have at no time, in no way, directly or indirectly, authorized any State legislature to construe or interpret their high instrument of government; much less to interfere by their own power to arrest its course and operation.
I have thus stated the reasons of my dissent to the doctrines which have been advanced and maintained. I am conscious of having detained you and the Senate much too long. I was drawn into the debate with no previous deliberation, such as is suited to the discussion of so grave and important a subject. But it is a subject of which my heart is full, and I have not been willing to suppress the utterance of its spontaneous sentiments. I cannot, even now, persuade myself to relinquish it, without expressing once more my deep conviction that, since it respects nothing less than the union of the states, it is of most vital and essential importance to public happiness.
I profess, sir, in my career hitherto to have kept steadily in view the prosperity and honor of the whole country, and the preservation of our Federal Union. It is to that Union we owe our safety at home, and our consideration and dignity abroad. It is to that Union that we are chiefly indebted for whatever makes us most proud of our country. That Union we reached only by the discipline of our virtues in the severe school of adversity. It had its origin in the necessities of disordered finance, prostrate commerce, and ruined credit. Under its benign influences, these great interests immediately awoke as from the dead, and sprang forth with newness of life. Every year of its duration has teemed with fresh proofs of its utility and its blessings; and although our territory has stretched out wider and wider, and our population spread farther and farther, they have not outrun its protection or its benefits. It has been to us all a copious fountain of national, social, and personal happiness.
I have not allowed myself, sir, to look beyond the Union to see what might lie hidden in the dark recess behind. I have not coolly weighed the chances of preserving liberty, when the bonds that unite us together shall be broken asunder. I have not accustomed myself to hang over the precipice of disunion, to see whether, with my short sight, I can fathom the depth of the abyss below; nor could I regard him as a safe counsellor in the affairs of this government, whose thoughts should be mainly bent on considering, not how the Union should be best preserved, but how tolerable might be the condition of the people when it shall be broken up and destroyed.
While the Union lasts, we have high, exciting, gratifying prospects spread out before us, for us and our children. Beyond that I seek not to penetrate the veil. G.o.d grant that, in my day at least, that curtain may not rise! G.o.d grant that on my vision never may be opened what lies behind! When my eyes shall be turned to behold, for the last time, the Sun in heaven, may I not see him shining on the broken and dishonored fragments of a once glorious Union; on States dissevered, discordant, belligerent; on a land rent with civil feuds, or drenched, it may be, in fraternal blood! Let their last feeble and lingering glance rather behold the gorgeous ensign of the republic, now known and honored throughout the Earth, still full high advanced, its arms and trophies streaming in their original l.u.s.ter, not a stripe erased or polluted, nor a single star obscured; bearing for its motto, no such miserable interrogatory as, "What is all this worth?" nor those other words of delusion and folly, "Liberty first, and Union afterwards;" but everywhere, spread all over in characters of living light, blazing on all its ample folds, as they float over the sea and over the land, and in every wind under the whole heavens, that other sentiment, dear to every true American heart,--Liberty and Union, now and for ever, one and inseparable!
IV. THE MURDER OF LOVEJOY
WENDELL PHILLIPS
On November 7, 1837, Elijah P. Lovejoy, an anti-slavery editor, was shot by a mob at Alton, Ill., while defending his printing-press from destruction. Prominent citizens of Boston called a meeting, on December 8, to condemn the act of the mob. The Attorney-General of Ma.s.sachusetts opposed the resolutions of condemnation, defended the mob, and declared that "Lovejoy died as the fool dieth." Wendell Phillips said to a friend, "Such a speech made in Faneuil Hall must be answered in Faneuil Hall." He made his way to the platform and spoke in part as follows:
Mr. Chairman, We have met for the freest discussion of these resolutions, and the events which gave rise to them. I hope I shall be permitted to express my surprise at the sentiments of the last speaker, surprise not only at such sentiments from such a man, but at the applause they have received within these walls. A comparison has been drawn between the events of the Revolution and the tragedy at Alton. We have heard it a.s.serted here, in Faneuil Hall, that Great Britain had a right to tax the colonies, and we have heard the mob at Alton, the drunken murderers of Lovejoy, compared to those patriot fathers who threw the tea overboard. Fellow-citizens, is this Fanueil Hall doctrine?
The mob at Alton were met to wrest from a citizen his just rights, met to resist the laws. We have been told that our fathers did the same, and the glorious mantle of Revolutionary precedent has been thrown over the mobs of our day. To make out their t.i.tle to such defense the gentleman says that the British Parliament had a right to tax these colonies. It is manifest that without this his parallel falls to the ground, for Lovejoy had stationed himself within const.i.tutional bulwarks. He was not only defending the freedom of the press, but he was under his own roof in arms with the sanction of the civil authority. The men who a.s.sailed him went against and over the laws. The mob as the gentleman terms it,--mob, forsooth! certainly we sons of the tea spillers are a marvelously patient generation!--the "orderly mob" which a.s.sembled in the Old South to destroy the tea were met to resist, not the laws,--but illegal exactions. Shame on the American who calls the tea-tax and stamp-act laws! Our fathers resisted, not the king"s prerogative, but the king"s usurpation. To find any other account, you must read our Revolutionary history upside down. Our State archives are loaded with arguments of John Adams to prove the taxes laid by the British Parliament unconst.i.tutional, beyond its power. It was not till this was made out that the men of New England rushed to arms.
The arguments of the Council Chamber and the House of Representatives preceded and sanctioned the contest. To draw the argument of our ancestors into a precedent for mobs, for a right to resist laws we ourselves have enacted, is an insult to their memory. The difference between the excitements of those days and our own, which the gentleman in kindness to the latter has overlooked, is simply this: the men of our day went for the right as secured by the laws. They were the people rising to sustain the laws and const.i.tution of the Province. The rioters of our day go for their own wills, right or wrong. Sir, when I heard the gentleman lay down principles which place the murderers of Alton side by side with Otis and Hanc.o.c.k, with Quincy and Adams, I thought those pictured lips[33] would have broken into voice to rebuke the recreant American, the slanderer of the dead. The gentleman said that he should sink into insignificance if he dared to gainsay the principles of these resolutions. Sir, for the sentiments he has uttered on soil consecrated by the prayers of Puritans and the blood of patriots, the earth should have yawned and swallowed him up.
The gentleman says Lovejoy was presumptuous and imprudent, he "died as the fool dieth." And a reverend clergyman of the city tells us that no citizen has a right to publish opinions disagreeable to the community!
If any mob follows such publication on him rests the guilt. He must wait forsooth till the people come up to it and agree with him. This libel on liberty goes on to say that the want of right to speak as we think is an evil inseparable from republican inst.i.tutions. If this be so what are they worth? Welcome the despotism of the Sultan where one knows what he may publish and what he may not, rather than the tyranny of this many-headed monster the mob, where we know not what we may do or say till some fellow-citizen has tried it and paid for the lesson with his life. This clerical absurdity chooses as a check for the abuses of the press, not the law but the dread of the mob. By so doing it deprives not only the individual and the minority of their rights, but the majority also, since the expression of their opinion may sometimes provoke disturbance from the minority. A few men may make a mob as well as many.
The majority then have no right as Christian men, to utter their sentiments if by any possibility it may lead to a mob. Shades of Hugh Peters and John Cotton, save us from such pulpits!
Imprudent to defend the liberty of the press! Why? Because the defense was unsuccessful? Does success gild crime into patriotism, and the want of it change heroic self-devotion into imprudence? Was Hampden imprudent when he drew the sword and threw away the scabbard? Yet he, judged by that single hour, was unsuccessful. After a short exile the race he hated sat again upon the throne.
Imagine yourself present when the first news of Bunker Hill battle reached a New England town. The tale would have run thus, "The patriots are routed, the redcoats victorious, Warren lies dead upon the field."
With what scorn would that Tory have been received who should have charged Warren with imprudence, who should have said that, bred as a physician, he was "out of place" in the battle, and "died as the fool dieth!" How would the intimation have been received that Warren and his a.s.sociates should have waited a better time?
Presumptuous to a.s.sert the freedom of the press on American ground! Is the a.s.sertion of such freedom before the age? So much before the age as to leave one no right to make it because it displeases the community?
Who invents this libel on his country? It is this very thing that ent.i.tles Lovejoy to greater praise. The disputed right which provoked the revolution--taxation without representation--is far beneath that for which he died. As much as thought is better than money, so much is the cause in which Lovejoy died n.o.bler than a mere question of taxes. James Otis thundered in this hall when the king did but touch his pocket.
Imagine if you can his indignant eloquence had England offered to put a gag upon his lips.
FOOTNOTE:
[33] Phillips points to portraits in the hall.
V. THE SLAVERY ISSUE
ABRAHAM LINCOLN
An extract from a speech delivered at Alton, Ill., October 15, 1858. It is taken from one of a series of seven speeches delivered in joint debate with Douglas in the Senatorial campaign in Illinois. Lincoln lost the Senatorship but won the Presidency by this series of speeches.
Fellow-citizens, I have not only made the declaration that I do not mean to produce a conflict between the states, but I have tried to show by fair reasoning that I propose nothing but what has a most peaceful tendency. The quotation that "a house divided against itself cannot stand," and which has proved so offensive to Judge Douglas, was part of the same thing. He tries to show that variety in the domestic inst.i.tutions of the different states is necessary and indispensable. I do not dispute it. I very readily agree with him that it would be foolish for us to insist upon having a cranberry law here in Illinois where we have no cranberries, because they have a cranberry law in Indiana where they have cranberries. I should insist that it would be exceedingly wrong in us to deny to Virginia the right to enact oyster laws, where they have oysters, because we want no such laws here. If we here raise a barrel of flour more than we want and the Louisianians raise a barrel of sugar more than they want, it is of mutual advantage to exchange. That produces commerce, brings us together and makes us better friends. These mutual accommodations bind together the different parts of this Union. Instead of being a thing to "divide the house" they tend to sustain it, they are the props of the house tending always to hold it up.
But is it true that all the difficulty and agitation we have in regard to this inst.i.tution of slavery springs from office seeking, from the mere ambition of politicians? Is that the truth? How many times have we had danger from this question? Go back to the days of the Missouri Compromise. Go back to the Nullification question, at the bottom of which lay this same slavery question. Go back to the time of the annexation of Texas. Go back to the troubles that led to the Compromise of 1850. You will find that every time, with the single exception of the Nullification question, they sprung from an endeavor to spread this inst.i.tution. There never was a party in the history of this country, and there probably never will be, of sufficient strength to disturb the general peace of the country. Parties themselves may be divided and quarrel on minor questions. Yet it extends not beyond the parties themselves.
The Judge alludes very often in the course of his remarks to the exclusive right which the states have to decide for themselves. I agree with him very readily that the different states have the right. Our controversy with him is in regard to the new territories. We agree that when the states come in as states they have the right and the power to do as they please. We have no power as citizens of the free states or in our federal capacity as members of the federal Union through the general government to disturb slavery in the states where it exists. What I insist upon is that the new territories shall be kept free from it while in the territorial condition. Judge Douglas a.s.sumes that we have no interest in them, that we have no right whatever to interfere. I think we have some interest. I think that as white men we have. Do we not wish for an outlet for our surplus population, if I may so express myself? Do we not feel an interest in getting to that outlet with such inst.i.tutions as we would like to have prevail there? If you go to the territory opposed to slavery and another man comes to the same ground with his slave, upon the a.s.sumption that the things are equal, it turns out that he has the equal right all his way and you have no part of it your way.