1 1 2 3 4 5 6 7 8 9 10 11 HIS 201 – AMERICAN HISTORY: DISCOVERY TO 1877 12 13 COURSE NOTEBOOK

14 15 (6th Edition: For use with Visions of America 16 only in sections taught by Mr. Burnette)

17

18 MIDLANDS TECHNICAL COLLEGE 19 20 COLUMBIA, SOUTH CAROLINA 21 22 23 24 25 26

27

28

29

2 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49THIS PAGE INTENTIONALLY LEFT BLANK (BACK OF FRONT COVER).

3 D-2 50Lesson 1: "Course Introduction: How to Succeed in this Course / Effective Writing” 51 52Assignment: 53 54None 55 56ID/SIG Terms: None 57 58Learning Objectives: 59 601. Understand the Course Objectives. 61 62 ______63 64______65 66 ______67 68______69 70 ______71 722. Understand the Attendance Policy. 73 74 ______75 76______77 78 ______79 80______81 82 ______83 843. Understand the policy on Academic Dishonesty. 85 86 ______87 88______89 90 ______91 92______93 94 1

4 D-3 954. Understand the course’s Instructional Methodology, to include use of Learning Objectives 96(LOs) and Identification and Significance (ID/SIG) Terms. 97 98 ______99 100______101 102 ______103 104______105 106 ______107 1085. Understand the Course Requirements, to include when and what the graded events are, what 109you are responsible for on each one, what the Writing Assignment requirements are, and how 110you will be graded on it. 111 112 ______113 114______115 116 ______117 118______119 120 ______121 1226. Understand how to organize and effectively write an essay. 123 124______125 126______127 128 ______129 130______131 132 ______133 134 135 136 137

2

5 D-4 138 EFFECTIVE WRITING 139 140OVERVIEW 141 142• Writing should transmit a clear message in a single, rapid reading and be generally free of 143errors in grammar, mechanics, and usage. 144 145• Good Writing is: 146– Clear 147– Concise 148– Organized 149– Right to the Point 150 151• Put the recommendation, conclusion, or reason for writing – the “bottom line” – in the first 152paragraph, not at the end. 153• Use the active voice. 154• Use short sentences (normally 15 or fewer words). 155• Write paragraphs that average 6 to 7 sentences in length. 156• Use correct spelling, grammar, and punctuation. 157 158“ACTIVE VOICE” VERSUS “PASSIVE VOICE” 159 161• The active voice is direct, natural, and forceful 162verb form. 163• The active voice shortens sentences. 164 165• The passive voice hides the “doer”of the action. 167• The passive voice normally uses one of the forms 168of “to be”, plus a verb ending in “-ed” or “-en”. 169 Examples are: “is requested,” “were beaten.” 172ACTIVE: Michigan beat Michigan State. 174PASSIVE: Michigan State was beaten by Michigan. 175 176FIVE STEP WRITING PROCESS 177 178• Research 179• Plan 180• Draft 181• Revise 182• Proof 183 184 Research includes identifying the task and topic, collecting information, analyzing how it 185supports or refutes the topic, developing a thesis statement (controlling idea), and determining 186what additional information that you need to complete the task. 188 190

6 D-5 191• Planning means that you decide on your thesis statement, develop an outline to support your 192thesis, and write out a tentative introduction and conclusion. To plan is to determine where you 193are going, how you are going to get there, and how to know when you have arrived. 194 195• Drafting is when you sit down, develop an outline, and begin writing. At this stage you do not 196worry about how the paper reads, but want to get the ideas on paper quickly. 197 198• Revising is the hardest part of writing. This is where you read the draft to determine if each 199word, sentence, and paragraph supports the thesis. This is when you identify the ideas that do 200not belong in the paper. It is also where you ensure that you have shown the linkages between 201your ideas, and how they all come together to support your thesis. 202 203• Proofing is the final task and is where you check to see that the paper is written as it should be. 204It is a good idea to have another person proof the writing as it is difficult to catch every error 205when you have been working on a paper. Use the proofing input to develop your final paper. 206 207SUGGESTED WAY TO BEGIN AN ESSAY 208 209• Write the topic of your essay in the center of a sheet of paper. 210• Using single words and short phrases, jot down everything you know about the topic. 211• On a second sheet of paper, arrange the words and phrases on the first sheet into three or four 212topic groups. 213• Determine where you need to complete additional research. 214• Write your thesis statement in a single declarative sentence on a third sheet of paper. 215• Below your thesis, draft a tentative outline. 216 217ESSAY COMPONENTS 218 219• Thesis: The argument or position which the author makes with regard to the subject under 220discussion. 221• Main Points: The principal reasons (usually three or four) why your thesis is correct. 222• Supporting Points or Evidence: These show why your main points are correct. These are 223normally each linked to only one main point. Each main point will have its own supporting 224points or evidence (usually three or four points per main point). 225 226 227

4

7 D-6 228SUGGESTED OR COMMON ESSAY FORMAT 229 230• Paragraph 1: 231– Thesis 232– First Main Point 233– Second Main Point 234– Third Main Point 235• Paragraph 2: First Main Point 236– 1st Supporting Point / Evidence 237– 2nd Supporting Point / Evidence 238– 3rd Supporting Point / Evidence 239• Paragraph 3: Second Main Point 240– 1st Supporting Point / Evidence 241– 2nd Supporting Point / Evidence 242– 3rd Supporting Point / Evidence 243• Paragraph 4: Third Main Point 244–1st Supporting Point / Evidence 245– 2nd Supporting Point / Evidence 246– 3rd Supporting Point / Evidence 247• Paragraph 5: Consideration of Opposing Viewpoints 248• Paragraph 6: Conclusion: Restatement of Thesis and Main Points 249 250CONSIDERATION OF OPPOSING VIEWPOINTS 251 252• A solid essay will normally consider the opposite position and show why the author’s argument 253is superior. 254• Be sure to point out what parts of the opposing argument are valid, but then discuss why your 255position is better. 256 257• Normally this is done just before your concluding paragraph.

8 D-7 258 STANDARD WRITING EVALUATION CRITERIA 259 260 The purpose of the evaluation instrument is to assist students in understanding how effective they are as 261writers, and what changes they may need to consider to improve their writing skills. 262 263 The evaluation instrument contains four Major categories and several subcategories. Each subcategory 264contains a Likert rating scale (5 being Most Effective and 1 being Most Ineffective) to use in evaluating student 265writing and space for your comments. Record in the comment section the evidence from the essay that supports 266your observations along with short suggestions that the writer needs to consider to improve his/her writing skill. 267 268 Scoring: Most Effective = 5, Most Ineffective = 1 269 270I. INTRODUCTION 271 272 a. Title/Subject -- An information or persuasive essay will have a title that draws attention to the subject 273matter in the paper. An information or decision paper will clearly state the subject in the purpose paragraph. 274 275 Most Effective: An information or persuasive essay title is descriptive, arrests, and grabs readers 276attention. An information or decision paper narrows and precisely states the subject. 277 Adequate: The title or subject is stated in broad terms, or it may raise expectations beyond what 278the essay or paper can support. 279 Most Ineffective: No title, the title is not descriptive, too broad, or requires subtitles to clarify. 280The subject of an information or decision paper is omitted or stated so broadly that it requires several sentences to 281clarify the writer's intent. 282 283 b. Opening/Purpose -- How effective is the opening paragraph in focusing the reader's attention on the 284specific topic or purpose. For example, the purpose of a written product, regardless of the format used, may focus 285on informing the brigade commander that 30% of the brigade failed to qualify with the M-16. 286 287 Most Effective: Identifies the topic and stimulates the reader interest. 288 Adequate: States the general purpose of the essay. 289 Most Ineffective: Abrupt, unrelated to the topic, does not creates interest in the topic or unrelated 290to the topic. 291 292 c. Thesis/CI (Controlling Idea) -- This refers to the writer's bottom line, the position that he/she takes 293on the subject under discussion. Do not confuse this with the purpose statement (see above). For example, your 294purpose is to inform the brigade commander about the 30% percent failure rate, but this statement fails to 295communicate why the failure rate is so high. A thesis/controlling idea would provide the reader with the bottom 296line: "Thirty percent failed to qualify because of damaged rifles." 297 298 Most Effective: Compelling, creates momentum, challenging. 299 Adequate: Succinct, focused. 300 Most Ineffective: Thesis omitted, too broad, vague, wordy, not clearly focused. 301 302 d. Main Points -- The introduction of the product should include the main points of the document. The 303writer does not develop the main points in the introduction, but merely states the main points so that the reader can 304see the writer's logic in support of his/her thesis/controlling idea. 305 306 Most Effective: Logically supports the writer's thesis. 307 Adequate: Logical and clear. 308 Most Ineffective: Not identified, not clear, illogical, difficult to follow. 309 310 311 312II. BODY OF THE ESSAY

9 D-8 313 314 a. Evidence -- The evidence consists of the facts, information, and opinion and analysis of the same to support 315the major points and therefore the essay. However, evidence rarely stands by itself. The writer provides an analysis 316that tells the reader how the evidence supports the thesis/controlling idea. 317 318 Most Effective: Comprehensive, clear analysis that shows how the evidence consistently supports major 319points, minor points, and thesis. 320 Adequate: It is relevant and accurate, but writer does not always show how the evidence supports the 321thesis. 322 Most Ineffective: Irrelevant, sketchy, inadequate, and excessive use of quotations, but no analysis show 323how the evidence supports the major points, minor points and thesis. 324 325 b. Organization -- The organization of the material reflects the writer's purpose. The writer may begin with 326material familiar to the audience and proceed to introduce new material not familiar to the audience. However, the 327writer organizes the product it must reinforce what he/she is saying. 328 329 Most Effective: Most Effectively reinforces essay, shows clear relationship between main and 330supporting ideas; uses deductive and inductive logic as appropriate. 331 Adequate: Uses some deductive and inductive logic. 332 Most Ineffective: None evident, awkward, or no clear relationship between ideas. 333 334 c. Main Points -- It is critical that writers provide both sides of a position, even for an information essay 335or an information paper. This gives credibility to the writer along with providing the additional information the 336reader needs to understand. The main points themselves may consist of one supporting and one opposing a 337particular position. 338 339 Most Effective: Gives the opposing point of view. Is persuasive in supporting a specific point of 340view, and not biased. 341 Adequate: Leads the reader to the author's point of view by presenting a distorted view of 342opposing points of view, or only a cursory examination. 343 Most Ineffective: Gives only one viewpoint. Is incomplete, evidence stacked in the author's 344favor. 345 346 d. Use of Sources -- What sources does the writer use to support his position or conclusion. Does the 347writer's sources support the thesis/controlling? Are they merely facts and opinions? Are they used out of context? 348Are they even needed? Are there any questions that the evaluator must consider. 349 350 Most Effective: Evidence and analysis of evidence reinforces the major points. 351 Adequate: Only gives opinions and facts with little or no analysis of evidence. 352 Most Ineffective: Omits sources, uses sources out of context. Does not document sources. 353 354 e. Transitions -- Effective transitions help the reader to follow the writer's thinking from point to point. 355Weak transitions can leave the reader floundering trying to understand the writer's intent. 356 357 Most Effective: Smoothly connects the major and minor parts so that the reader can clearly see 358how the writer develops his/her thesis. 359 Adequate: Effectively led the reader. 360 Most Ineffective: Omitted, vague, mechanical throughout. 361 362 363 364 365III. CONCLUSION. Good writing will include a conclusion that summarizes the writer's position, restates the 366thesis/controlling idea, does not add new material that is not introduced in the paper, and brings closure to the topic. 367 368 a. Summary

10 D-9 369 370 Most Effective: Reinforced or synthesized the discussion. 371 Adequate: Smooth, restated key ideas, reviewed essential ideas. 372 Most Ineffective: Missing, vague, incomplete, mechanical, new material added. 373 374 b. Restatement of Thesis 375 376 Most Effective: Synthesized the paper. 377 Adequate: Restated to reinforce essay. 378 Most Ineffective: Omitted, changed the thesis, mechanical, introduced a new thesis. 379 380 c. Closure 381 382 Most Effective: Fully integrated into the overall pattern of the essay. 383 Adequate: Definite and planned. 384 Most Ineffective: Omitted, indefinite, inadequate, mechanical routine. 385 386IV. STYLE -- Style describes how the writer communicates the message intended. This includes the words 387selected to convey a thought, sentence and paragraph structure, grammar, punctuation and spelling. The format the 388writer uses to convey the message must be appropriate to the audience and the requirement. 389 390 a. Format -- Does the writer use the appropriate format for the requirement. For example, the writer 391who produces an information paper using an essay format would be using the information format. The same is true 392if the writer produces a decision paper but uses the format for an information paper. 393 394 Most Effective: Correct format for the requirement. 395 Most Ineffective: Incorrect format for the requirement. 396 397 b. Word Choice -- Are the words of the essay appropriate for the task. For example, a writer who uses 398technical jargon in a paper for an audience without a technical background would not be effective because the 399audience most likely will have difficulty understanding the intended message. 400 401 Most Effective: Precise diction at appropriate level. 402 Adequate: Adequate word choice, some jargon. 403 Most Ineffective: Imprecise, vague, pretentious, overuse of jargon. 404 405 c. Sentences -- Long wordy sentences increase the difficulty to communicate clearly and concisely. Do 406the sentences express coordination? Are they primarily written in the active voice. Where the writer uses passive 407voice does he/she use it appropriately? A general rule of thumb for sentence length is that sentences will average 12 408to 20 words. Some may be shorter, some longer, but when you add up the total words and divide by the number of 409sentences the average will be somewhere between 12 and 20 words. 410 411 Most Effective: Written to express coordination, proper use of passive voice. 412 Adequate: Clear, concise, Most Effective subordination and coordination. 413 Most Ineffective: Too long or short, excessive passive voice, fragments, and run-on sentences. 414 415 416 417 418d. Paragraphs -- Not only must the paragraphs advance the ideas of the writer, but generally they are short 419averaging 6 to 8 sentences. Again, like sentences, some paragraphs may be shorter, some longer. However, when 420you add up the total sentences in the paper and divide by the number of paragraphs the average will fall somewhere 421around 6 - 8 sentences. 422 423 Most Effective: Fully integrated into essay, advanced the ideas. 424 Adequate: Well focused, concise.

11 D-10 425 Most Ineffective: Poor focus, too long, topic did not advance essay. 426 427 e. Grammar -- Grammatical errors can spoil an otherwise excellent paper. 428 429 Most Effective: Only one or two errors. 430 Adequate: Very few grammar errors. 431 Most Ineffective: Numerous errors, became a major distraction. 432 433 f. Punctuation -- Does the writer punctuate appropriately? A few errors don't really get in the way of the 434reader. However, numerous errors increase the reading difficulty. 435 436 Most Effective: Only one or two errors. 437 Adequate: Very few errors. 438 Most Ineffective: Numerous errors, made reading difficult. 439 440 g. Spelling -- Spelling and capitalization become important when they get in the way of what the writer 441is trying to say. Numerous misspelled words and poor capitalization increase the reading difficulty. 442 443 Most Effective: No misspellings, no capitalization errors. 444 Adequate: One or two misspelled words or capitalization errors. 445 Most Ineffective: Numerous misspelled words, poor capitalization. 446 447 Position 448 449Once you have the controlling idea, add your support paragraphs and an introduction (if needed) and a conclusion 450(if needed). What you have is a rough plan or outline. Now you're ready to write your first draft. 451 452 Step 3 -- Drafting is an important step. The draft is the bridge between your idea and the expression of it. Write 453your draft quickly and concentrate only on getting your ideas down on paper. Don't worry about punctuation and 454spelling errors. 455 456Use your plan. State your controlling idea (the bottom line) early and follow the order you've already developed. 457When you have the ideas down and you're satisfied with the sequence, put the paper aside. You've finished the 458draft, and you need to get away from the paper for a while before you start to revise. 459 460 Step 4 -- Revising is looking at the material through the eyes of your audience. Read the paper as if you have 461never seen it before. Find where you need to put in transitions; look for places that need more evidence. 462 463Then write another draft making the changes you've noted and using a simple style. Package the material so it's 464easy to read by using short paragraphs and labels (if necessary). 465 466 Step 5 -- Proof. Now you're ready to proof the draft. At this point, forget about substance, organization, and 467style; concentrate on grammar, mechanics, and usage. You may want to have someone else read the paper, too. 468Sometimes other people can find errors you can't because you're too close to the problem. 469 470When you finish, write the final draft, making the corrections. Mission accomplished. 471 472

9

12 D-11 473 WRITING SIMPLY 474 475 BACKGROUND 504 476 505Use simpler language. Why say "at this point in 477Too much writing doesn't do what it's supposed to 506time" when you could say "now"? Is "utilize" really 478communicate. Writers often have other agendas 507better than "use." 479which supersede communicating: they want to 508 480impress their readers with their vocabulary, or they 509Simpler is better. 481believe they must follow some "official" style. 510 482 511 USE THE HELP AVAILABLE 483 WRONG! 512 484 513Ask your co-workers. Show your material to 485 THE CLEAR WRITING STANDARD 514someone who hasn't seen it before. Ask them if the 486 515material is easy to understand. Ask them if you left 487Good writing transmits a clear message in a single, 516anything out. The danger here is that friends and 488rapid reading and is generally free of errors in 517co-workers are sometimes reluctant to tell you what 489grammar, mechanics, and usage. 518they really think. They don't want to hurt your 490 519feelings. 491If you want to meet this standard, write simply. 520 492Adopt a conversational style. 521Search out honest feedback and use it to improve 493 522your writing. Don't take offense at what someone 494 OTHER WAYS TO SIMPLIFY WRITING 523tells you because you'll not get honest feedback 495 524anymore. 496Use jargon, including acronyms, carefully. Jargon 525 497and acronyms communicate only to those who 526Another way to review your work is to set it aside for 498understand them. Everyone else is lost. 527a while. Work on something else, and let your brain 499 528"cool off" on that subject. You'll break the mindset 500If you're in doubt, use everyday words (even if this 529you've been working with and be able to take a fresh 501means using more words), and spell out acronyms on 530look at the paper 502first use. It's better to use more words than confuse 531 503your reader. 532 533 534 535 536 537 538 539 540 541 542 543 544 545 546 547 548 549 550 551 552 553 554 555

10 13 D-12 556 557 ACTIVE AND PASSIVE VOICE 558 559 DESCRIPTION 609Active: Cheryl typed the letter. (4 words - a 33 560 610 percent reduction) 561 Active Voice occurs when the subject of the 611 562sentence does the action. 612 IDENTIFYING PASSIVE VOICE 613 563 John will load the trailer. 614You can locate passive voice in your writing in much 564 actor action 615the same way a computer would. Look for a form of 565 616the verb "to be" (am, is, are, was, were, be, being, or 566 Passive Voice occurs when the subject of the 617been) followed by a past participle verb (a verb 567sentence receives the action. 618ending in ed, en, or t). Passive voice requires BOTH! 568 The trailer will be loaded by John. 619 569 receiver action actor 620 Your leave was approved by the commander. 570 621 571 PROBLEMS WITH PASSIVE 622A "to be" verb by itself is simply an inactive verb 572 623(shows no action). A verb ending in ed, en, or t by 573Writers should use active voice whenever possible. 624itself is a past tense verb and not passive voice. 574 625 The rifle is loaded. 5751. Passive voice obscures or loses part of the 626 (No physical action taking place.) 576substance (the actor) of a sentence. When you use 577passive voice, the receiver of the action becomes the 627 The Eagle landed on the Moon. 578subject of the sentence; and the actor appears in a 628 (An action in the past.) 579prepositional phrase after the verb. 629 580 630 DECISION TIME 581Worse yet, you can leave the actor out completely 631 582and still have a good English sentence. This means 632Once you have found the passive voice in your (or 583you have eliminated part of the substance. 633someone else's writing), you have to decide whether 584 634you want to change it to active or not. 585 Calisthenics were conducted by the Coach. 635 586 (Calisthenics is not the actor.) 636 1. Use passive voice when you want to 587 subject verb actor 637emphasize the receiver of the action. 588 638 589 Your pay records were lost. (No actor.) 639Passive: Your mother was taken to the hospital. 590 subject verb 640 591 641Active: An ambulance took your mother to the 5922. Passive voice is less conversational than active 642 hospital. 593voice. Therefore, it is less natural when someone 6432. Use passive voice when you don't know who did 594reads it. 644the action. 595 645 596Passive: A drink of water is required by me. 646Passive: The rifle was stolen. 597 647Active: A person or persons stole the rifle. 598Active: I need a drink of water. 599 6003. Passive voice is less efficient than active voice. 601Active writing usually requires fewer words to get 602the same message to your audience. The number of 603words saved per sentence may seem small, but when 604you multiply that savings by the number of sentences 605in a paper, the difference is much more significant. 606 607Passive: The letter was typed by Cheryl. (6 words) 608

11

14 D-13 15

649Lesson 2: "Native American Cultures / Initial European Colonization” 650 651Assignment: 652 653Visions of America: 2-33 654 655Learning Objectives: 656 6571. Describe the cultural diversity of Native Americans in North America by the end of 658the fifteenth century. What are the implications of this diversity? 659 660______661 662______663 664______665 666______667 668______669 670______671 6722. Explain what made colonization of the New World both possible and desirable for 673Europeans around the year 1500. 674 675 ______676 677______678 679______680 681______682 683______684 685______686 6873. Compare and contrast Native American and Western European cultures. 688 689 ______690 691______692 693______694 695______

16 14 17

696 697______698 699______700 7014. Define the Protestant Reformation and explain its importance to American history. 702 703 ______704 705______706 707______708 709______710 711______712 713______714 715 716

18 15 19

717Lesson 3: "The Colonial Chesapeake, Carolinas, and the Caribbean” 718 719Assignment: 720 721Visions of America: 34-41, 48-49, 53-56 722Document 1: "1623 Letter from Richard Frethorne" 723 724Learning Objectives: 725 7261. Explain when and why the Chesapeake colonies were founded, and describe the 727Chesapeake’s society, culture, and economy. 728 729______730 731______

732______

733______

734___

735______736 737______

7382. Explain the impact Anglo-Indian warfare had on the society of colonial Virginia. 739 740______

741______

742__

743______

744______

745______746 747______

7483. Explain the reasons behind and significance of Bacon's Rebellion. How does 749Frethorne's letter (see document) help explain why indentured servants might rebel? 750

20 16 21

751______

752______

753______

754___

755______756 757______758 759______

7604. Describe slavery and explain why it became the dominant labor system in the 761Chesapeake. 762 763______764 765______766 767______768 769______770 771______772 773______

7745. What do conditions on slave ships during the Middle Passage imply about American 775society and culture? 776 777______778 779______780 781______782 783______784 785______786 787______

7886. Explain when and why the Lower South colonies were founded, and describe the 789Lower South’s society, culture, and economy. 790

22 17 23

791______792 793______794 795______796 797______798______799 800______

8017. Describe slavery in the Lower South and explain why it became the dominant labor 802system. 803 804______805 806______807 808______809 810______811 812______813 814______

8158. Explain the ways in which Spanish Florida was different from the Lower South and 816why these differences posed a threat to the white settlers of the Lower South. 817 818______819 820______821 822______823 824______825 826______827 828______

829 830 831 832 833 834

24 18 25

835 836 837 838 839 840 841 842Document 1: 1623 letter from Richard Frethorne, a Virginia indentured servant, to 843his parents in England. 844 845Loving and kind father and mother, 846 My most humble duty remembered to you hoping in God of your good health, as I 847myself at the making hereof. 848 This is to let you understand that I, your child, am in a most heavy case, by reason 849of the nature of the country, is such that it causeth me much sickness, as the scurvy and 850the bloody flux and diverse other diseases, which make the body very poor and weak. 851And when we are sick, there is nothing to comfort us. For since I came out of the ship, I 852never ate anything but peas and loblollie (that is water gruel). As for deer or venison, I 853never saw any since I came into this land. There is indeed some fowl, but we are not 854allowed to go and get it, but must work hard both early and later for a mess of water gruel 855and a mouthful of bread and beef. A mouthful of bread, for a penny loaf must serve four 856men, which is most pitiful, if you did know as much as I, when people cry out day and 857night, O that they were in England without their limbs, and would not care to lose any 858limbs to be in England, yea though they beg from door to door. 859 For we live in fear of the enemy every hour, yet we have had a combat with them 860on the Sunday before Shrovetide. And we took two alive and made slaves of them. But 861it was by policy, for we are in great danger, for our plantation is very weak, by reason of 862death and sickness of our company. For we came but twenty, for the merchants and they 863are half dead just. And we look every hour when two more should go. Yet there came 864some other men to live with us, of which there is but one alive, and our lieutenant is dead, 865and his father, and his brother, and there was some five or six of last year's twenty, of 866which there is but three left, so that we are fain to get other men to plant with us, and yet 867we are but thirty-two to fight against three thousand if they should come. And the 868nighest help that we have is ten miles of us. And when the rogues overcame this place 869last, they slew eighty persons. 870 And I have nothing to comfort me, nor is there nothing to be gotten here but 871sickness and death, except one had money to lay out in some things for profit. But I have 872nothing at all, no, not a shirt on my back, but two rags, nor no clothes, but one poor suit, 873nor but one pair of shoes, but one pair of stockings, but one cap. My cloak was stolen by 874one of my own fellows, and to his dying hour he would not tell me what he did with it. 875But some of my fellows saw him have butter and beef out of a ship, which my cloak I 876doubt paid for. So that I have not a penny, nor a penny worth to help me to either spice, 877or sugar, or strong waters, without the which one cannot live here. For as strong beer in 878England doth fatten and strengthen thee, so water doth wash and weaken here, only keeps 879life and soul together.

26 19 27

880 For I am not half a quarter as strong as I was in England, and all is for want of 881victuals, for I do protest until you that I have eaten more in a day at home than I have 882allowed me here for a week. You have given more than my day's allowance to a beggar 883at the door. 884 And, if Mr. Jackson had not relieved me, I should be in poor case. But he like a 885father and she like a loving mother doth still help me, for when we go up to James Town, 886that is ten miles of us, there lie all the ships that come up to the land, and there they must 887deliver their goods. And when we went up to town as it may be on Monday at noon, and 888come there by night, then load the next day by noon, and go home in the afternoon, and 889unload, and then away again in the night, and be up about midnight. Then if it rained or 890blowed never so hard, we must lie in the boat in the water, and have nothing but a little 891bread, for when we go in the boat we have a loaf allowed to two men, and it is all if we 892stayed there two days, which is hard. And we must lie all that while in the boat. But 893Goodman Jackson pitied me and made me a cabin to lie in always when I come up. . . . 894Oh, they be very godly folks, and love me very well, and will do anything for me. And 895he much marveled that you would send me a servant to the company. He said I had been 896better knocked on the head, and indeed I find it now to my great grief and misery, and say 897that if you love me you will redeem me suddenly, for which I do entreat and beg. And if 898you cannot get the merchant to redeem me for some little money, then for God's sake get 899a gathering, or entreat some folks to lay out some little sum of money, in meals, and 900cheese and butter, and beef. . . . 901 Wherefore for God's sake pity me. I pray you to remember my love to all my 902friends and kindred. I hope all my brothers and sisters are in good health, and, as for my 903part, I have set down my resolution that certainly will be: that the answer to this letter 904will be life or death to me. 905 906 907 NOTES: 908 909______

910______

911______

912___

913______

914______

915__

28 20 29

916Lesson 4: "The Colonial New England & Mid-Atlantic Regions (Middle Colonies)" 917 918Assignment: 919 920Visions: 42-47, 50-53, 56-63 921Document 2: John Winthrop's "Model of Christian Charity" 922Document 3: Excerpts from John Locke's second treatise "Of Civil Government" 923Document 4: Death Sentence of King Charles Stuart (Charles I) 924 925Learning Objectives: 926 9271. Explain when and why the New England colonies were founded, and describe New 928England’s society, culture, and economy. 929 930______931 932______933 934______935 936______937 938______939 940______

9412. Explain the role of religion in, and its impact on New England society. How, 942according to your documents for today, did religion foster a sense of community? 943 944______945 946______947 948______949 950______951 952______953 954______

9553. Explain what impact Anglo-Indian warfare had on colonial Massachusetts’s society. 956 957______958 959______

30 21 31

961______962 963______964 965______966 967______

9684. Explain when and why the Middle Colonies (Mid-Atlantic Region) were founded, and 969describe their society, culture, religion, and economy. 970 971______972 973______974 975______976 977______978 979______980 981______

9825. Why did the Quakers in Pennsylvania have such a good relationship with the Native 983Americans who lived near them? 984 985______986 987______988 989______990 991______992 993______994 995______

9966. Explain how John Locke's second treatise justified rebellion against the Stuart kings. 997What did Locke say were citizens' fundamental rights? 998 999______1000 1001______1002 1003______1004

32 22 33

1005______1006 1007______1008 1009______

10107. According to your documents, what reasons did the British High Court have, in 1649, 1011to execute King Charles I? 1012 1013______1014 1015______1016 1017______1018 1019______1020 1021______1022 1023______

10248. Define the Glorious Revolution and explain its importance to the evolution of colonial 1025political thought. 1026______1027 1028______1029 1030______1031 1032______1033 1034______1035 1036______

34 23 35

1037 1038Document 2: Excerpts from John Winthrop's 1630 "Model of Christian Charity" 1039(See page 89 and 1070 (Volume 2) of Nation of Nations for background.) 1040 1041GOD ALMIGHTY, in His most holy and wise providence, has so disposed of the 1042condition of mankind, as in all times some must be rich; some poor; some high and 1043eminent in power and dignity; others mean and in subjection. 1044 The Reason Hereof: first, to hold conformity with the rest of His works, being 1045delighted to show forth the glory of His wisdom in the variety and difference of the 1046creatures and the glory of His power, in ordering all these differences for the preservation 1047and good of the whole; and the glory of His greatness in that, as it is the glory of princes 1048to have many officers, so this Great King will have many stewards, counting Himself 1049more honored in dispensing His gifts to man by man than if He did it by His own 1050immediate hand. 1051 Second, that He might have the more occasion to manifest the work of His spirit; 1052first, upon the wicked in moderating and restraining them, so that the rich and mighty 1053should not eat up the poor, nor the poor and despised rise up against their superiors and 1054shake off their yoke; second, in the regenerate in exercising His graces in them, as in the 1055great ones their love, mercy, gentleness, temperance, etc; in the poor and inferior sort, 1056their faith, patience, obedience, etc. 1057 Third, that every man might have need of others, and from hence they might be 1058all knit more nearly together in the bond of brotherly affection. From hence it appears 1059plainly that no man is made more honorable than another or more wealthy, etc., out of 1060any particular or singular respect to himself, but for the glory of his Creator and the 1061common good of the creature, man. Therefore, God still reserves the property of these 1062gifts to Himself, as Ezek. 16:17; He there calls wealth His gold and His silver, etc. Prov. 10633:9 He claims their service as His due: "Honor the Lord with thy riches," etc. All men 1064are thus (by Divine Providence) ranked into two sorts, rich and poor; under the first are 1065included all men such as are able to live comfortably by their own means duly improved; 1066and all others are poor according to the former distribution. 1067 There are two rules whereby we are to walk on toward another: justice and mercy. 1068These are always distinguished in their act and in their object, yet may they both concur 1069in the same subject in each respect, as sometimes there may be an occasion of showing 1070mercy to a rich man in some sudden danger of distress; and also doing of mere justice to 1071a poor man in regard of some particular contract, etc. here is likewise a double law by 1072which we are regulated in our conversation one toward another: in both the former 1073respects, the law of nature and the law of grace, or the moral law or the law of the gospel 1074(we may omit the law of justice as not properly belonging to this purpose otherwise than 1075it may fall into consideration in some particular case). By the first of these laws, man . . . 1076is commanded to love his neighbor as himself. Upon this ground stand all the precepts of 1077the moral law which concerns our dealings with men. To apply this to the works of 1078mercy, this law requires two things: first, that every man afford his help to another in 1079every want or distress; second, that he perform this out of the same affection which 1080makes him careful of his own good, according to that of our Savior, (Matt. 7:12) 1081"Whatsoever ye would that me should do to you. . . ." 1082 The law of grace or the gospel has some difference from the former as in these 1083respects: First, the law of nature was given to man in the estate of innocence; the law of

36 24 37

1084the gospel in the estate of regeneracy. Second, the law of nature propounds one man to 1085another, as the same flesh and image of God, the law of gospel as a brother in Christ also, 1086and in the communion of the same spirit, and so teaches us to put a difference between 1087Christians and others. . . . The law of nature could give no rules for dealing with enemies, 1088for all are considered as friends in the state of innocence, but the gospel commands love 1089to an enemy. . . . "If thine enemy hunger, feed him; love your enemies; do good to them 1090that hate you" (Matt. 5:44). 1091 This law of the gospel propounds, likewise, a difference of seasons and occasions. 1092There is a time when a Christian must sell all and give to the poor as they did in the 1093apostles' times. There is a time also when Christians (though they give not all yet) must 1094give beyond their ability. . . . Likewise, community of perils calls for extraordinary 1095liberality and so does community in some special service for the Church. Lastly, when 1096there is no other means whereby our Christian brother may be relieved in this distress, we 1097must help him beyond our ability, rather than tempt God in putting him upon help by 1098miraculous or extraordinary means. 1099 This duty of mercy is exercised in . . . giving, lending, and forgiving. 1100 Question: What rule shall a man observe in giving in respect to the measure? 1101 Answer: If the time and occasion be ordinary, he is to give out of his abundance -- 1102let him lay aside, as God has blessed him. If the time and occasion be extraordinary, he 1103must be ruled by them. . . . Then a man cannot likely do too much, especially if he may 1104leave himself and his family under . . . means of comfortable subsistence. 1105 Objection: A man must lay up for posterity; the fathers lay up for posterity and 1106children, and he is worse than an infidel that provides not for his own. 1107 Answer: For the first, it is plain that the statement is made by way of comparison 1108and must be meant for the ordinary and usual course of fathers and cannot extend to times 1109and occasions extraordinary, for in another place the apostle speaks against those who 1110walk inordinately, and it is without question that he is worse than an infidel who through 1111his own sloth and voluptuousness shall neglect to provide for his family. 1112 Objection: "The wise man's eyes are in his head," says Solomon (Eccles. 2:14), 1113"and forseeth the plague," therefore we must forecast and lay up against evil times when 1114he or his may stand in need of all he can gather. 1115 Answer: Solomon uses this very argument to persuade to liberality. Eccles. 2:1: 1116"Cast thy bread upon the waters . . . for thou knowest not what evil may come upon the 1117land"; Luke 16: "Make you friends of the riches of iniquity." You will ask how this shall 1118be? Very well. First, he that gives to the poor lends to the Lord, who will repay him 1119even in this life and a hundredfold to him or his. The righteous man is ever merciful and 1120lends, and his seed enjoy the blessing; and besides we know what advantage it will be to 1121us in the day of accounting, when many such witnesses shall stand forth for us to witness 1122the improvement of our talent. And I would know of those who plead so much for laying 1123up for time to come, whether they hold Matt. 16:19 to be gospel: "Lay not up for 1124yourselves treasures upon earth." If they acknowledge it, what extent will they allow it? 1125If only to those primitive times, let them consider the reason whereupon our Savior 1126grounds it. The first is that treasures are subject to the moth, rust, and the thief; the 1127second is that they will steal away the heart; where the treasure is, there will the heart be 1128also . . . . 1129

38 25 39

1130 Question: What rule must we observe in lending? 1131 Answer: You must observe whether your brother has present or probable or 1132possible means of repaying your, or if none of these, you must give to him according to 1133his necessity, rather than lend to him as he asks. If he has present means of repaying, you 1134are to look at him not as the recipient of mercy but by way of commerce, wherein you are 1135to walk by the rule of justice. But his means of repaying you are only probably or 1136possible, then he is an object of mercy and you must lend to him though there is danger 1137of losing it. Deut. 15:7: "If any of they brethren be poor . . . thou shalt lend him 1138sufficient." That men might not shift off this duty because of the apparent hazard, he tells 1139them that though the Year of Jubilee were at hand (when he must remit it, if he could not 1140repay it before), yet he must lend, and that cheerfully. Deut. 15: 7-11: "It may not grieve 1141thee to give him," and because some might object, why so I should impoverish myself 1142and my family, he adds: "With all they work." Matt. 3:42: "From him that would borrow 1143of thee turn not away." . . . 1144 1145 The definition which the Scripture gives us of love is this: love is the bond of 1146perfection (Col. 3:14). First, it is a bond, or ligament. Second, it makes the work perfect. 1147There is no body that does not consist of parts, and that which knits these parts together 1148gives the body its perfection, because it makes each part so contiguous to the others that 1149they mutually participate with each other, both in strength and infirmity, in pleasure and 1150in pain. To instance the most perfect of all bodies: Christ and His church make one body. 1151The several parts of this body considered apart before they were united were as 1152disproportionate and as much disordered as so many contrary to qualities or elements, but 1153when Christ came and by His spirit and love knit all these parts to Himself and to each 1154other, it became the most perfect and best proportioned body in the he world. . . . 1155 Now to make some application of this discourse to the situation which gave the 1156occasion of writing it. Herein are four things to be propounded: the persons, the work, 1157the end, the means. 1158 First, for the persons, we are a company professing ourselves fellow members of 1159Christ. . . . Though we are absent from each other by many miles, and have our 1160employments at far distance, we ought to account ourselves knitted together by this bond 1161of love, and live in the exercise of it, if we would have the comfort of our being in Christ. 1162This was common in the practice of Christians in former times; they used to love any of 1163their own religion even before they were acquainted with them. 1164 Second, the work we have in hand is by mutual consent with a special overruling 1165Providence, with a more than ordinary mandate from the churches of Christ to seek out a 1166place to live and associate under a due form of government both civil and ecclesiastical. 1167In such cases as this the care of the public must hold sway over all private interests. To 1168this not only conscience but mere civil policy binds us, for it is a true rule that private 1169estates cannot exist to the detriment of the public. 1170 Third, the end is to improve our lives to do more service to the Lord and to 1171comfort and increase the body of Christ of which we are members, so that ourselves and 1172our posterity may be better preserved from the common corruptions of this evil world in 1173order to serve the Lord and work out our salvation under the power and purity of His holy 1174ordinances.

40 26 41

1175 Fourth, the means whereby this must be effected are twofold. First, since the 1176work and end we aim at are extraordinary, we must not content ourselves with usual 1177ordinary means. Whatsoever we did or ought to have done when we lived in England, we 1178must do that and more also wherever we go. That which most people in their churches 1179only profess as a truth, we must bring into familiar and constant practice. We must love 1180our brothers without pretense; we must love one another with a pure heart and fervently; 1181we must not look only on our own things but also on the things of our brethren. Nor must 1182we think that the Lord will bear with such failings at our hands as He does from those 1183among whom we have lived, for three reasons: (1) Because of the closer bonds of 1184marriage between the Lord and us, wherein He has taken us to be His own in a most strict 1185manner, which makes Him more jealous of our love and obedience, just as He told the 1186people of Israel, "You only have I known of all the families of the Earth; therefore will I 1187punish you for your transgressions" (Amos 3:2); (2) Because the Lord will be sanctified 1188in those who come near Him. We know that there were many who corrupted the service 1189of the Lord, some setting up altars to other gods before Him, others offering both strange 1190fires and sacrifices; yet no fire came from heaven, or other sudden judgment upon 1191them . . . ; (3) When God gives a special commission He wants it strictly observed in 1192every article. . . . 1193 1194 Thus stands the case between God and us. We are entered into covenant with 1195Him for this work. We have taken out a commission. The Lord has given us leave to 1196draw our own articles; we have promised to base our actions on these ends, and we have 1197asked Him for favor and blessing. Now if the Lord shall please to hear us, and bring us 1198in peace to the place we desire, then He has ratified this covenant and sealed our 1199commission, and will expect strict performance of the articles contained in it. But if 1200neglect to observe these articles, which are the ends we have propounded, and -- 1201dissembling with our God -- shall embrace this present world and prosecute our carnal 1202intentions, seeking great things for ourselves and our posterity, the Lord will surely break 1203out in wrath against us and be revenged of such a perjured people, and He will make us 1204know the price of the breach of such a covenant. 1205 Now the only way to avoid this shipwreck and to provide for our posterity is to 1206follow the counsel of Micah: to do justly, to love mercy, to walk humbly with our God. 1207For this end, we must be knit together in this work as one man; we must hold each other 1208in brotherly affection; we must be willing to rid ourselves of our excesses to supply 1209others' necessities; we must uphold a familiar commerce together in all meekness, 1210gentleness, patience, and liberality. We must delight in each other, make others' 1211conditions our own and rejoice together, mourn together, labor and suffer together, 1212always having before our eyes our commission and common work, our community as 1213members of the same body. 1214 So shall we keep the unity of the spirit in the bond of peace. The Lord will be our 1215God and delight to dwell among us as His own people. He will command a blessing on 1216us in all our ways, so that we shall see much more of His wisdom, power, goodness, and 1217truth than we have formerly known. We shall find that the God of Israel is among us, and 1218ten of us shall be able to resist a thousand of our enemies. The Lord will make our name 1219a praise and glory, so that men shall say of succeeding plantations: "The Lord make it

42 27 43

1220like that of New England." For we must consider that we shall be like a City upon a Hill; 1221the eyes of all people are on us. 1222 If we deal falsely with our God in this work we have undertaken and so cause 1223Him to withdraw His present help from us, we shall be made a story and a byword 1224throughout the world; we shall open the he mouths of enemies to speak evil of the ways 1225of God and all believers in God; we shall shame the faces of many of God's worthy 1226servants and cause their prayers to be turned into curses upon us, till we are forced out of 1227the new land where we are going. 1228 Now to end this discourse with the exhortation of Moses, that faithful servant of 1229the Lord, in his last farewell to Israel (Deut. 30): 1230 1231 Beloved, there is now set before us life and good, death and evil, 1232 in that we are commanded this day to love the Lord our God, and to 1233 love one another; to walk in His ways and keep His commandments 1234 and His ordinance, and His laws, and the articles of our covenant with 1235 Him, that we may live and be multiplied, and that the Lord our God 1236 may bless us in the land whither we go to possess it. But if our hearts 1237 shall turn away so that we will not obey, but shall be seduced and 1238 worship other gods, our pleasures and profits, and serve them; it is 1239 propounded unto us this day, we shall surely perish out of the good 1240 land whither we pass over this vast sea to possess it. Therefore, let us 1241 choose life that we and our seed may live; by obeying His voice, and 1242 cleaving to Him, for He is our life and our prosperity. 1243 1244

44 28 45

1245 1246Document 3: Excerpts from John Locke, Second Treatise of Government, 1690 1247 1248 1249 Of the State of Nature 1250 1251 To understand Political Power right, and derive it from its Original, we must 1252consider what State all Men are naturally in, and that is, a State of perfect Freedom to 1253order their Actions, and dispose of their Possessions, and Persons as they think fit, within 1254the bounds of the law of Nature, without asking leave or depending upon the Will of any 1255other Man. 1256 A State also of Equality, wherein all the Power and Jurisdiction is reciprocal, no 1257one having more than another: there being nothing more evident, than that Creatures of 1258the same species and rank promiscuously born to all the same advantages of Nature, and 1259the use of the same faculties, should also be equal one amongst another without 1260Subordination or Subjection, unless the Lord and Master of them all, should by any 1261manifest Declaration of his Will set one above another, and confer on him by an evident 1262and clear appointment an undoubted Right to Dominion and Sovereignty. 1263 1264 This equality of Men by Nature, the Judicious Hooker looks upon as so evident in 1265itself, and beyond all question, that he makes it the Foundation of that Obligation to 1266mutual Love amongst Men, on which he Builds the Duties they owe one another, and 1267from whence he derives the great Maxims of Justice and Charity. His words are; 1268 The like natural inducement, hath brought Men to know that it is no less their 1269Duty, to Love others than themselves, for seeing those things which are equal, must 1270needs all have one measure; If I cannot but wish to receive good, even as much at every 1271Man's hands, as any Man can wish unto his own Soul, how should I look to have any part 1272of my desire herein satisfied, unless my self be careful to satisfie the like desire, which is 1273undoubtedly in other Men, being of one and the same nature? to have any thing offered 1274them repugnant to this desire, must needs in all respects grieve them as much as me, so 1275that if I do harm, I must look to suffer, there being no reason that other should shew 1276greater measure of love to me, than they have by me, shewed unto them; my desire 1277therefore to be lov'd of my equals in nature, as much as possible may be imposeth upon 1278me a natural Duty of bearing to themward, fully the like affection; From which relation 1279of equality between our selves and them, that are as our selves, what several Rules and 1280Canons, natural reason hath drawn for direction of Life, no man is ignorant. Ecc. Pol. 1281Lib. 1. 1282 1283 But though this be a State of Liberty, yet it is not a State of Licence, though Man in 1284that State have an uncontroleable Liberty, to dispose of his Person or Possessions, yet he 1285has not Liberty to destroy himself, or so much as any Creature in his Possession, but 1286where some nobler use, than its bare Preservation calls for it. The State of Nature has a 1287Law of Nature to govern it, which obliges every one: And Reason, which is that Law, 1288teaches all mankind, who will but consult it, that being all equal and independent, no one 1289ought to harm another in his Life, Health, Liberty, or Possessions. . . . 1290

46 29 47

1291 And that all Men may be restrained from invading others Rights, and from doing 1292hurt to one another, and the Law of Nature be observed, which willeth the Peace and 1293Preservation of all Mankind, the Execution of the Law of Nature is in that State, put into 1294every Mans hands, whereby every one has a right to punish the transgressors of that Law 1295to such a degree, as may hinder its Violation. For the Law of Nature would, as all other 1296Laws that concern Men in this World, be in vain, if there were no body that in the State 1297of Nature, had a Power to Execute that Law, and thereby preserve the innocent and 1298restrain offenders, and if any one in the State of Nature may punish another, for any evil 1299he has done, every one may do so. For in that State of perfect Equality, where naturally 1300there is no superiority or jurisdiction of one, over another, what any may do in 1301prosecution of that Law, every one must needs have a Right to do. . . . 1302 1303 To this strange Doctrine, viz. That in the State of Nature, every one has the 1304Executive Power of the Law of Nature, I doubt not but it will be objected, That it is 1305unreasonable for Men to be Judges in their own Cases, that Self-love will make Men 1306partial to themselves and their Friends. And on the other side, that Ill Nature, Passion 1307and Revenge will carry them too far in punishing others. And hence nothing but 1308Confusion and Disorder will follow, and that therefore God hath certainly appointed 1309Government to restrain the partiality and violence of Men. I easily grant, that Civil 1310Government is the proper Remedy for the Inconveniences of the State of Nature, which 1311must certainly be Great, where Men may be Judges in their own Case, since 'tis easily to 1312be imagined, that he who was so unjust as to do his Brother an Injury, will scarce be so 1313just as to condemn himself for it: But I shall desire those who make this Objection, to 1314remember that Absolute Monarchs are but Men, and if Government is to be the Remedy 1315of those Evils, which necessarily follow from Mens being Judges in their own Cases, and 1316the State of Nature is therefore not be endured, I desire to know what kind of 1317Government that is, and how much better it is than the State of Nature, where one Man 1318commanding a multitude, has the Liberty to be Judge in his own Case, and may do to all 1319his Subjects whatever he pleases, without the least liberty to any one to question or 1320controle those who Execute his Pleasure? And in whatsoever he doth, whether led by 1321Reason, Mistake or Passion, must be submitted to? Much better it is in the State of 1322Nature wherein Men are not bound to submit to the unjust will of another: And if he that 1323judges, judges amiss in his own, or any other Case, he is answerable for it to the rest of 1324Mankind. . . . 1325 1326 Of the State of War 1327 1328 The State of War is a State of Enmity and Destruction; And therefore declaring by 1329Word or Action, not a passionate and hasty, but a sedate setled Design, upon another 1330Mans Life puts him in a State of War with him against whom he has declared such an 1331Intention, and so has exposed his Life to the others Power to be taken away by him, or 1332any one that joyns with him in his Defence, and espouses his Quarrel: it being reasonable 1333and just I should have a Right to destroy that which threatens me with Destruction. For 1334by the Fundamental Law of Nature, Man being to be preserved, as much as possible, 1335when all cannot be preserv'd, the safety of the Innocent is to be preferred: And one may 1336destroy a Man who makes War upon him, or has discovered an Enmity to his being, for

48 30 49

1337the same Reason, that he may kill a Wolf or a Lyon; because such Men are not under the 1338ties of the Common Law of Reason, have no other Rule, but that of Force and Violence, 1339and so may be treated as Beasts of Prey, those dangerous and noxious Creatures, that will 1340be sure to destroy him, whenever he falls into their Power. 1341 And hence it is, that he who attempts to get another Man into his Absolute Power, 1342does thereby put himself into a State of War with him; It being to be understood as a 1343Declaration of a Design upon his Life. For I have reason to conclude, that he who would 1344get me into his Power without my consent, would use me as he pleased, when he had got 1345me there, and destroy me too when he had a fancy to it: for no body can desire to have 1346me in his Absolute Power, unless it be to compel me by force to that, which is against the 1347Right of my Freedom, i.e. make me a Slave. To be free from such force is the only 1348security of my Preservation: and reason bids me look on him, as an Enemy to my 1349Preservation, who would take away that Freedom, which is the Fence to it: so that he who 1350makes an attempt to enslave me, thereby puts himself into a State of War with me. He 1351that in the State of Nature, would take away the Freedom, that belongs to any one in that 1352State, must necessarily be supposed to have a design to take away every thing else, that 1353Freedom being the Foundation of all the rest: As he that in the State of Society, would 1354take away the Freedom belonging to those of that Society or Common-wealth, must be 1355supposed to design to take away from them every thing else, and so be looked on as in a 1356State of War. . . . 1357 To avoid this State of War (wherein there is no appeal but to Heaven, and wherein 1358every the least difference is apt to end, where there is no Authority to decide between the 1359Contenders) is one great reason of Mens putting themselves into Society, and quitting the 1360State of Nature. For where there is an Authority, a Power on Earth, from which relief can 1361be had by appeal, there the continuance of the State of War is excluded, and the 1362Controversie is decided by that Power. 1363 1364 Of Slavery 1365 1366 The Natural Liberty of Man is to be free from any Superior Power on Earth, and 1367not to be under the Will or Legislative Authority of Man, but to have only the Law of 1368Nature for his Rule. The Liberty of Man, in Society, is to be under no other Legislative 1369Power, but that established, by consent, in the Common-wealth, nor under the Dominion 1370of any Will, or Restraint of any Law, but what the Legislative shall enact according to the 1371Trust put in it. Freedom then is not what Sir R. F. tells us, A Liberty for every one to do 1372what he lists, to live as he pleases, and not to be tyed by any Laws: But Freedom of Men 1373under Government, is, to have a standing Rule to live by, common to every one of that 1374Society, and made by the Legislative Power erected in it; A Liberty to follow my own 1375will in all things, where the Rule prescribes not; and not to be subject to the inconstant, 1376uncertain, unknown, Arbitrary Will of another Man. As Freedom of Nature is to be 1377under no other restraint but the Law of Nature. 1378 1379 This Freedom from Absolute, Arbitrary Power, is so necessary to, and closely 1380joyned with a Man's Preservation, that he cannot part with it, but by what forfeits his 1381Preservation and Life together. For a Man, not having the Power of his own Life, 1382cannot, by Compact or his own Consent, enslave himself to any one, nor put himself

50 31 51

1383under the Absolute, Arbitrary Power of another, to take away his Life, when he pleases. 1384No body can give more Power than he has himself; and he that cannot take away his own 1385Life, cannot give another power over it. Indeed having, by his fault, forfeited his own 1386Life, by some Act that deserves Death; he, to whom he has forfeited it, may (when he has 1387him in his Power) delay to take it, and make use of him to his own Service, and he does 1388him no injury by it. For, whenever he finds the hardship of his Slavery out-weigh the 1389value of his Life, 'tis in his Power, by resisting the Will of his Master, to draw on himself 1390the Death he desires. 1391 1392 This is the perfect condition of Slavery, which is nothing else, but the State of 1393War continued, between a lawful Conqueror, and a Captive. For, if once Compact enter 1394between them, and make an agreement for a limited Power on the one side, and 1395Obedience on the other, the State of War and Slavery ceases, as long as the Compact 1396endures. For, as has been said, no Man can, by agreement, pass over to another that 1397which he hath not in himself, a Power over his own Life. . . . 1398 1399 Of the Ends of Political Society and Government 1400 1401 If Man in the State of Nature be so free, as has been said; If he be absolute Lord 1402of his own Person and Possessions, equal to the greatest, and subject to no Body, why 1403will he part with his Freedom? Why will he give up this Empire, and subject himself to 1404the Dominion and Controul of any other Power? To which 'tis obvious to Answer, that 1405though in the state of Nature he hath such a right, yet the Enjoyment of it is very 1406uncertain, and constantly exposed to the Invasion of others. For all being Kings as much 1407as he, every Man his Equal, and the great part no strict Observers of Equity and Justice, 1408the enjoyment of the property he has in this state is very unsafe, very unsecure. This 1409makes him willing to quit a Condition, which however free, is full of fears and continual 1410dangers: And 'tis not without reason, that he seeks out, and is willing to joyn in Society 1411with others who are already united, or have a mind to unite for the mutual Preservation 1412of their Lives, Liberties and Estates, which I call by the general Name, Property. 1413 1414 The great and chief end therefore, of Mens uniting into Commonwealths, and 1415putting themselves under Government is the Preservation of their Property. To which in 1416the state of Nature there are many things wanting. 1417 First, There wants an establish'd, settled, known Law, received and allowed by 1418common consent to be the Standard of Right and Wrong, and the common measure to 1419decide all Controversies between them. For though the Law of Nature be plain and 1420intelligible to all rational Creatures; yet Men being biased by their Interest, as well as 1421ignorant for want of study of it, are not apt to allow of it as a Law binding to them in the 1422application of it to their particular Cases. 1423 1424 Secondly, In the State of Nature there wants a known and indifferent Judge, with 1425Authority to determine all differences according to the established Law. For every one in 1426that state being both Judge and Executioner of the Law of Nature, Men being partial to 1427themselves, Passion and Revenge is very apt to carry them too far, and with too much

52 32 53

1428heat, in their own Cases, as well as negligence, and unconcernedness, to make them too 1429remiss, in other Mens. 1430 1431 Thirdly, In the state of Nature there often want Power to back and support the 1432Sentence when right, and to give it due Execution. They who by an Injustice offended, 1433will seldom fail, where they are able, by force to make the punishment dangerous, and 1434frequently destructive, to those who attempt it. . . . 1435 1436 These are the Bounds which the trust that is put in them by the Society, and the 1437Law of God and Nature, have set to the Legislative Power of every Commonwealth, in all 1438Forms of Government. 1439 First, They are to govern by promulgated establish'd Laws, not to be varied in 1440particular Cases, but to have one Rule for Rich and Poor, for the Favourite at Court, and 1441the Country Man at Plough. 1442 Secondly, These Laws also ought to be designed for no other end ultimately but 1443the good of the People. 1444 Thirdly, the must not raise Taxes on the Property of the People, without the 1445Consent of the People, given by themselves, or their Deputies. And this properly 1446concerns only such Governments where the Legislative is always in being, or at least 1447where the People have not reserv'd any part of the Legislative to Deputies, to be from 1448time to time chosen by themselves. . . . 1449 1450[Justification for Slavery] 1451 1452 Thirdly, The power a Conquerour gets over those he overcomes in a Just War, is 1453perfectly Despotical: he has an absolute power over the Lives of those, who by putting 1454themselves in a State of War, have forfeited them; but he has not thereby a Right and 1455Title to their Possessions. This I doubt not, but at first sight will seem a strange Doctrine, 1456it being so quite contrary to the practice of the World; There being nothing more familiar 1457in speaking of the Dominion of Countries, than to say, such an one Conquer'd it. As if 1458Conquest, without any more ado, convey'd a right of Possession. But when we consider, 1459that the practice of the strong and powerful, how universal soever it may be, is seldom the 1460rule of Right, however it be one part of the subjection of the Conquered, not to argue 1461against the Conditions, cut out to them by the Conquering Sword. . . . 1462 1463[Justification for forming a new government] 1464 1465 The Reason why Men enter into Society, is the preservation of their Property; and 1466the end why they chuse and authorize a Legislative, is, that there may be Laws made, and 1467Rules set as Guards and Fences to the Properties of all the Members of the Society, to 1468limit the Power, and moderate the Dominion of every Part and Member of the Society. 1469For since it can never be supposed to be the Will of the Society, that the Legislative 1470should have a Power to destroy that, which every one designs to secure, by entering into 1471Society, and for which the People submitted themselves to the legislators of their own 1472making; whenever the Legislators endeavour to take away, and destroy the Property of 1473the People, or to reduce them to Slavery under Arbitrary Power, they put themselves into

54 33 55

1474a state of War with the People, who are thereupon absolved from any farther Obedience, 1475and are left to the common Refuge, which God hath provided for all Men, against Force 1476and Violence. Whensoever therefore the Legislative shall transgress this fundamental 1477Rule of Society; and either by Ambition, Fear, Folly or Corruption, endeavour to grasp 1478themselves, or put into the hands of any other an Absolute Power over the Lives, 1479Liberties, and Estates of the People; By this breach of Trust they forfeit the Power, the 1480People had put into their hands, for quite contrary ends, and it devolves to the People, 1481who have a Right to resume their original Liberty, and, by the Establishment of a new 1482Legislative (such as they shall think fit) provide for their own Safety and Security, which 1483is the end for which they are in Society. What I have said here, concerning the 1484Legislative, in general, holds true also concerning the supreame Executor, who having a 1485double trust put in him, both to have a part in the Legislative, and supreme Execution of 1486the Law, Acts against both, when he goes about to set up his own Arbitrary Will, as the 1487Law of the Society. He acts also contrary to his Trust, when he either imploys the Force, 1488Treasure and Offices of the Society, to corrupt the Representatives, and gain them to his 1489purposes: or openly pre-ingages the Electors, and prescribes to their choice, such, whom 1490he has by Sollicitations, Threats, Promises, or otherwise won to his designs; and imploys 1491them to bring in such, who have promised before-hand, what to Vote, and what to Enact. 1492Thus to regulate Candidates and Electors, and new model the ways of Election, what is it 1493but to cut up the Government by the Roots, and poison the very Fountain of publick 1494Security?

56 34 57

1495 1496Document 4: 1649 Death Sentence of King Charles Stuart (Charles I) 1497 1498NOTE: Charles I was the second Stuart King. Parliament, following the English 1499 Civil War, ordered his execution in 1649 for overstepping his authority as 1500 King. 1501 1502Sentence of the High Court of Justice upon the king (January 27, 1649) 1503 1504Whereas the Commons of England assembled in parliament, have by their late act, 1505intituled "An Act of the Commons of England assembled in parliament for erecting an 1506High Court of Justice for the trying and judging of the said Charles Stuart king of 1507England," authorized and constituted us an High Court of Justice for the trying and 1508judging of the said Charles Stuart for the crimes and treasons in the said act mentioned; 1509by virtue whereof the said Charles Stuart hath been three several times convented 1510before this High Court. 1511 1512 The charge of treason 1513 1514The first day, being Saturday, the 20th of January, instant, in pursuance of the said act, 1515a charge of high treason and other high crimes was, in the behalf of the people of 1516England, exhibited against him and read openly unto him, wherein it was charged 1517that he, the said Charles Stuart, being admitted king of England, and therein 1518trusted with a limited power to govern by and according to the law of the land and 1519not otherwise; and by his trust, oath, and office, being obliged to use the power 1520committed to him for the good and benefit of the people and for the preservation 1521of their rights and liberties; yet, nevertheless, out of a wicked design to erect and 1522uphold in himself an unlimited and tyrannical power to rule according to his will, 1523and to overthrow the rights and liberties of the people, and to take away and make 1524void the foundations thereof and of all redress and remedy of misgovernment, 1525which by the fundamental constitutions of this kingdom were reserved on the 1526people’s behalf in the right and power of frequent and successive parliaments or 1527national meetings in council; he, the said Charles Stuart, for accomplishment of 1528such his designs, and for the protecting of himself and his adherents in his and 1529their wicked practices, to the same end hath traitorously and maliciously levied war 1530against the present parliament and people therein represented, as with the 1531circumstances of time and place is in the said charge more particularly set forth. . . . 1532 1533 The sentence 1534 1535For all which treasons and crimes this court doth adjudge that he, the said Charles 1536Stuart, as a tyrant, traitor, murderer, and public enemy to the good people of this nation, 1537shall be put to death by the severing of his head from his body. 1538 1539 1540 1541 1542 1543

58 35 59

1544 Founding of North American Colonies Chesapeake New England Middle Lower South Colonies Gentry Gentry Multi-national: Caribbean Planters Dutch, Scandinavian, Social Middle Class Middle Class English, German Origins Some Lower Class Puritans and Catholics (MD Separatists

LAND Religious Beliefs Imperial War LAND Motives for Wealth LAND, Wealth Wealth Colonization Land Buffer against Spain Religion (MD) Religion (PA) (Georgia) Individual Settlers Families Families Individual Settlers Few Women Well organized Small Communities Families Demographic Isolated Farms and Towns/Villages Many Individual Isolated Farms and Pattern Plantations Port Towns/Cities Farms Plantations Few Towns Port Towns/Cities

Anglican Congregational Congregational Anglican Religion Catholic (Puritan) Quaker Separatists Anglican Some Puritan Presbyterian Lutheran

Company Township Proprietorship Proprietorship Land Individual Holdings Individual Holdings Distribution Individual Holdings 50 Acre Headrights 50 Acre Headrights

Commercial Subsistence Commercial Commercial Agriculture Agriculture Agriculture Agriculture

Economy Fishing Commerce Fur Trade Commerce Fur Trade Naval Stores

Indentured Servants Family Members Indentured Servants Black Slaves Labor Some Indentured Family Members Black Slaves Servants Few Indentured Few Black Slaves Black Slaves Servants

Local County Town County and Town County Justice of the Peace Town Meeting and Justice of the Peace Justice of the Peace Political and Sheriff Officials Sheriff and Sheriff Organization Town Meeting

Joint Stock Co. to Joint Stock Co. Proprietary and Royal Colony Royal Governor Proprietary to Colonial Governor Governor Royal Governor Government Advisors Assistants Elected Assembly Elected Assembly Elected Assembly Elected Assembly

1545

60 36 61

1546Lesson 5: "The Mosaic of 18th Century America / The Enlightenment and Great 1547Awakening in America" 1548 1549Assignment: 1550 1551Visions: 64-86 1552Document 5: The Albany Plan of Union 1553Document 6: Excerpts from Jonathan Edwards's 1741 "Sinners in the Hands of an Angry 1554God" 1555 1556Learning Objectives: 1557 15581. Explain why Benjamin Franklin proposed the Albany Plan of Union, what its 1559provisions were, and how the social, cultural, political, economical, and geographic 1560divisions in mid-eighteenth century America led to its rejection. 1561 1562______1563 1564______1565 1566______1567 1568______1569 1570______1571 1572______1573 1574______

15752. Describe the differences between patterns of slavery in New England, the Middle 1576(Mid-Atlantic) Colonies, the Chesapeake, and the Lower South. 1577 1578______1579 1580______1581 1582______1583 1584______1585 1586______1587 1588______

1589

62 37 63

15903. Describe and explain the importance of slave communities, culture, and patterns of 1591resistance. 1592 1593______1594 1595______1596 1597______1598 1599______1600 1601______1602 1603______

16044. Define the Enlightenment and explain its impact on eighteenth century colonial 1605society. 1606 ______1607 1608______1609 1610______1611 1612______1613 1614______1615 1616______1617 1618______

16195. Define the First Great Awakening and explain its impact on eighteenth century 1620colonial society. What arguments did Jonathan Edwards make to try to convert those 1621who came to hear him preach? How persuasive were his arguments? 1622 1623______1624 1625______1626 1627______1628 1629______1630 1631______1632 1633______

64 38 65

1634 1635Document 5: The Albany Plan of Union 1636 1637It is proposed that humble application be made for an act of Parliament of Great Britain, 1638by virtue of which one general government may be formed in America, including all the 1639said colonies, within and under which government each colony may retain its present 1640constitution, except in the particulars wherein a change may be directed by the said act, 1641as hereafter follows. 1642 That the said general government be administered by a President-General, to be 1643appointed and supported by the crown; and a Grand Council, to be chosen by the 1644representatives of the people of the several Colonies met in their respective assemblies. 1645 That within--months after the passing such act, the House of Representatives that 1646happen to be sitting within that time, or that shall be especially for that purpose 1647convened, may and shall choose members for the Grand Council, in the following 1648proportion, that is to say, 1649 1650Massachusetts Bay 7 1651New Hampshire 2 1652Connecticut 5 1653Rhode Island 2 1654New York 4 1655New Jersey 3 1656Pennsylvania 6 1657Maryland 4 1658Virginia 7 1659North Carolina 4 1660South Carolina 4 1661 48 1662 1663--who shall meet for the first time at the city of Philadelphia, being called by the 1664President-General as soon as conveniently may be after his appointment. 1665 That there shall be a new election of the members of the Grand Council every 1666three years; and, on the death or resignation of any member, his place should be supplied 1667by a new choice at the next sitting of the Assembly of the Colony he represented. 1668 1669 That after the first three years, when the proportion of money arising out of each 1670Colony to the general treasury can be known, the number of members to be chosen for 1671each Colony shall, from time to time, in all ensuing elections, be regulated by that 1672proportion, yet so as that the number to be chosen by any one Province be not more than 1673seven, nor less than two. 1674 That the Grand Council shall meet once in every year, and oftener if occasion 1675require, at such time and place as they shall adjourn to at the last preceding meeting, or as 1676they shall be called to meet at by the President-General on any emergency; he having first 1677obtained in writing the consent of seven of the members to such call, and sent duly and 1678timely notice to the whole.

66 39 67

1679 That the Grand Council have power to choose their speaker; and shall neither be 1680dissolved, prorogued, nor continued sitting longer than six weeks at one time, without 1681their consent or the special command of the crown. 1682 That the members of the Grand Council shall be allowed for their session and 1683journey to and from the place of meeting; twenty miles to be reckoned a day's journey. 1684 That the assent of the President-General be requisite to all acts of the Grand 1685Council, and that it be his office and duty to cause them to be carried into execution. 1686 That the President-General, with the advice of the Grand Council, hold or direct 1687all Indian treaties, in which the general interest of the Colonies may be concerned; and 1688make peace or declare war with Indian nations. 1689 That they make such laws as they judge necessary for regulating all Indian trade. 1690 That they make all purchases from Indians, for the crown, of lands not now within 1691the bounds of particular Colonies, or that shall not be within their bounds when some of 1692them are reduced to more convenient dimensions. 1693 That they make new settlements on such purchases, by granting lands in the 1694King's name, reserving a quitrent to the crown for the use of the general treasury. 1695 That they make laws for regulating and governing such new settlements, till the 1696crown shall think fit to form them into particular governments. 1697 That they raise and pay soldiers and build forts for the defense of any of the 1698Colonies, and equip vessels of force to guard the coasts and protect the trade on the 1699ocean, lakes, or great rivers; but they shall not impress men in any Colony, without the 1700consent of the Legislature. 1701 That for these purposes they have power to make laws, and lay and levy such 1702general duties, imposts, or taxes, as to them shall appear most equal and just (considering 1703the ability and other circumstances of the inhabitants in the several Colonies), and such as 1704may be collected with the least inconvenience to the people; rather discouraging luxury, 1705than loading industry with unnecessary burdens. 1706 That they may appoint a General Treasurer and Particular Treasurer in each 1707government when necessary; and, from time to time, may order the sums in the treasuries 1708of each government into the general treasury; or drew on them for special payments, as 1709they find most convenient. 1710 Yet no money to issue but by joint orders of the President-General and Grand 1711Council; except where sums have been appropriated to particular purposes, and the 1712President-General is previously empowered by an act to draw such sums. 1713 That the general accounts shall be yearly settled and reported to the several 1714Assemblies. 1715 That a quorum of the Grand Council, empowered to act with the President- 1716General, do consist of twenty-five members; among whom there shall be one or more 1717from a majority of the Colonies. 1718 That the laws made by them for the purposes aforesaid shall not be repugnant, 1719but, as near as may be, agreeable to the laws of England, and shall be transmitted to the 1720King in Council for approbation, as soon as may be after their passing; and if not 1721disapproved within three years after presentation, to remain in force. 1722 That, in case of the death of the President-General, the Speaker of the Grand 1723Council for the time being shall succeed, and be vested with the same powers and 1724authorities, to continue till the King's pleasure be known.

68 40 69

1725 That all military commission officers, whether for land or sea service, to act under 1726this general constitution, shall be nominated by the President-General; but the 1727approbation of the Grand Council is to be obtained, before they receive their 1728commissions. And all civil officers are to be nominated by the Grand Council, and to 1729receive the President-General's approbation before they officiate. 1730 But, in case of vacancy by death or removal of any officer, civil or military, under 1731this constitution, the Governor of the Province in which such vacancy happens may 1732appoint, till the pleasure of the President-General and Grand Council can be known. 1733 That the particular military as well as civil establishments in each Colony remain 1734in their present state, the general constitution notwithstanding; and that on sudden 1735emergencies any Colony may defend itself, and lay the accounts of expense thence 1736arising before the President-General and General Council, who may allow and order 1737payment of the same, as far as they judge such accounts just and reasonable.

70 41 71

1738 1739Document 6: Excerpts from Jonathan Edwards, Sinners in the Hands of an Angry 1740God 1741 1742Deuteronomy 32:35 - Their foot shall slide in due time. 1743 In this verse is threatened the vengeance of God on the wicked, unbelieving 1744Israelites that were God's visible people, and lived under means of grace; and that 1745notwithstanding all God's wonderful works that He had wrought toward that people, yet 1746remained, as is expressed verse 28, void of counsel, having no understanding in them; 1747and that, under all the cultivation's of heaven, brought forth bitter and poisonous fruit, as 1748in the two verses next preceding the text. 1749 The expression that I have chosen for my text, Their foot shall slide in due time, 1750seems to imply the following things relating to the punishment and destruction that these 1751wicked Israelites were exposed to. 1752 1753 1. That they were always exposed to destruction, as one that stands or walks in 1754slippery places is always exposed to fall. This is implied in the manner of their 1755destruction's coming upon them, being represented by their foot's sliding. The same is 1756expressed (Ps. 73:18): "Surely thou didst set them in slippery places; thou castedst them 1757down into destruction." 1758 2. It implies that they were always exposed to sudden, unexpected destruction, as 1759he that walks in slippery places is every moment liable to fall, he cannot foresee one 1760moment whether he shall stand or fall the next; and when he does fall, he falls at once, 1761without warning, which is also expressed in that Ps. 73:18, 19: "Surely thou didst set 1762them in slippery places; thou castedst them down into destruction: how are they brought 1763into desolation as in a moment." 1764 3. Another thing implied is that they are liable to fall of themselves, without 1765being thrown down by the hand of another, as he that stands or walks on slippery ground 1766needs nothing but his own weight to throw him down. 1767 4. That the reason why they are not fallen already, and do not fall now, is only 1768that God's appointed time is not come; for it is said that when that due time, or appointed 1769time, comes, their feet shall slide. Then they shall be left to fall, as they are inclined by 1770their own weight. God will not hold them up in these slippery places any longer, but will 1771let them go; and then, at that very instant, they shall fall into destruction, as he that stands 1772in such slippery declining ground on the edge of a pit that he cannot stand alone; when he 1773is let go he immediately falls and is lost. 1774 The observation from the words that I would now insist upon is this: There is 1775nothing that keeps wicked men at any one moment out of hell but the mere pleasure of 1776God. 1777 By the mere pleasure of God, I mean His sovereign pleasure, His arbitrary will, 1778restrained by no obligation, hindered by no manner of difficulty, anymore than if nothing 1779else but God's mere will had in the least degree or in any respect whatsoever, any hand in 1780the preservation of wicked men one moment. . . . 1781 So that thus it is that natural men are held in the hand of God over the pit of hell; 1782they have deserved the fiery pit and are already sentenced to it; and God is dreadfully 1783provoked - His anger is as great toward them as to those that are actually suffering the

72 42 73

1784executions of the fierceness of His wrath in hell, and they have done nothing in the least 1785to appease or abate that anger; neither is God in the least bound by any promise to hold 1786them up one moment. The devil is waiting for them; hell is gaping for them; the flames 1787gather and flash about them, and would fain lay hand on them and swallow them up; the 1788fire pent up in their own hearts is struggling to break out; and they have no interests in 1789any Mediator - there are no means within reach that can be any security to them. In short, 1790they have no refuge, nothing to take hold of; all that preserves them every moment is the 1791mere arbitrary will and unconvenanted, unobliged forbearance of an incensed God. 1792 1793 1794 APPLICATION 1795 1796 The use may be of awakening to unconverted persons in this congregation. This 1797that you have heard is the case of every one of you that are out of Christ. That world of 1798misery, that lake of burning brimstone, is extended abroad under you. There is the 1799dreadful pit of the glowing flames of the wrath of God; there is hell's wide, gaping mouth 1800open; and you have nothing to stand upon, nor anything to take hold of. There is nothing 1801between you and hell but the air; it is only the power and mere pleasure of God that holds 1802you up. 1803 You probably are not sensible of this; you find you are kept out of hell, but do not 1804see the hand of God in it; but look at other things, as the good state of your bodily 1805constitution, your care of your own life, and the means you use for your own 1806preservation. But indeed these things are nothing; if God should withdraw His hand, they 1807would avail no more to keep you from falling than the thin air to hold up a person that is 1808suspended in it. 1809 Your wickedness makes you as it were heavy as lead, and to tend downward with 1810great weight and pressure toward hell; and if God should let you go, you would 1811immediately sink and swiftly descend and plunge into the bottomless gulf, and your 1812healthy constitution, and your own care and prudence, and best contrivance, and all your 1813righteousness would have no more influence to uphold you and keep you out of hell than 1814a spider's web would have to stop a falling rock. Were it not that so is the sovereign 1815pleasure of God, the earth would not bear you one moment; for you are a burden to it; the 1816creation groans with you; the creature is made subject to the bondage of your corruption, 1817not willingly; the sun does not willingly shine upon you to give you light to serve sin and 1818Satan; the earth does not willingly yield her increase to satisfy your lusts; nor is it 1819willingly a stage for your wickedness to be acted upon; the air does not willingly serve 1820you for breath to maintain the flame of life in your vitals, while you spend you life in the 1821service of God's enemies. 1822 God's creatures are good, and were made for men to serve God with, and do not 1823willingly subserve to any other purpose, and groan when they are abused to purposes so 1824directly contrary to their nature and end. And the world would spew you out were it not 1825for the sovereign hand of Him who hath subjected it in hope. There are the black clouds 1826of God's wrath now hanging directly over your heads, full of the dreadful storm, and big 1827with thunder; and were it not for the restraining hand of God, it would immediately burst 1828forth upon you. The sovereign pleasure of God, for the present stays His rough wind;

74 43 75

1829otherwise it would come with fury, and your destruction would come like a whirlwind, 1830and you would be like the chaff of the summer threshing floor. 1831 The wrath of God is like great waters that are dammed for the present; they 1832increase more and more, and rise higher and higher, till an outlet is given; and the longer 1833the stream is stopped, the more rapid and mighty is its course, when once it is let loose. It 1834is true that judgment against your evil work has not been executed hitherto. The floods 1835of God's vengeance have been withheld; but your guilt in the meantime is constantly 1836increasing, and you are every day treasuring up more wrath; the waters are continually 1837rising, and waxing more and more mighty; and there is nothing but the mere pleasure of 1838God that holds the waters back, that are unwilling to be stopped and press hard to go 1839forward. If God should only withdraw His hand from the floodgate, it would 1840immediately fly open, and the fiery floods of the fierceness and wrath of God would rush 1841forth with inconceivable fury, and would come upon you with omnipotent power; and if 1842your strength were ten thousand times greater than it is - yes, ten thousand times greater 1843than the strength of the stoutest, sturdiest devil in hell - it would be nothing to withstand 1844or endure it. 1845 The bow of God's wrath is bent, and the arrow made ready on the string, and 1846justice bends the arrow at your heart, and strains the bow, and it is nothing but the mere 1847pleasure of God, and that of an angry God, without any promise or obligation at all, that 1848keeps the arrow one moment from being made drunk with your blood. 1849 Thus are all you that never passed under a great change of heart, by the mighty 1850power of the Spirit of God upon your souls; all that were never born again, and made new 1851creatures, and raised from being dead in sin to a state of new, and before altogether 1852inexperienced, light and life (however you may have reformed your life in may things, 1853and may have had religious affections, and may keep up a form of religion in your 1854families and closets and in the houses of God, and may be strict in it), you are thus in the 1855hands of an angry God; it is nothing but His mere pleasure that keeps you from being this 1856moment swallowed up in everlasting destruction. 1857 However unconvinced you may now be of the truth of what you hear, by and by 1858you will be fully convinced of it. Those that are gone from being in the like 1859circumstances with you see that it was so with them; for destruction came suddenly upon 1860most of them, when they expected nothing of it, and while they were saying, peace and 1861safety. Now they see that those things that they depended on for peace and safety were 1862nothing but thin air and empty shadows. 1863 The God that holds you over the pit of hell, much as one holds a spider or some 1864loathsome insect over the fire, abhors you, and is dreadfully provoked. His wrath toward 1865you burns like fire; He looks upon you as worthy of nothing else but to be cast into the 1866fire; He is of purer eyes than to bear to have you in His sight; you are ten thousand times 1867so abominable in His eyes as the most hateful and venomous serpent is in ours. You have 1868offended Him infinitely more than ever a stubborn rebel did his prince; and yet it is 1869nothing but His hand that holds you from falling into the fire every moment. It is 1870ascribed to nothing else that you did not go to hell the last night; that you were suffered to 1871awake again in this world after you closed your eyes to sleep; and there is no other reason 1872to be given why you have not dropped into hell since you arose in the morning, but that 1873God's hand has held you up. There is no other reason to be given why you have not gone 1874to hell, since you have sat here in the house of God, provoking His pure eyes by your

76 44 77

1875sinful, wicked manner of attending His solemn worship; yea, there is nothing else that is 1876to be given as a reason why you do not this very moment drop down into hell. 1877 O sinner! consider the fearful danger you are in: it is a great furnace of wrath, a 1878wide and bottomless pit, full of the fire of wrath, that you are held over in the hand of that 1879God, whose wrath is provoked and incensed as much against you as many of the dammed 1880in hell. You hang by a slender thread, with the flames of divine wrath flashing about it, 1881and ready every moment to singe it and burn it asunder; and you have no interest in any 1882Mediator, and nothing to lay hold of to save yourself, nothing to keep of the flames of 1883wrath, nothing of your own, nothing that you ever have done, nothing that you can do to 1884induce God to spare you one moment. . . . 1885 1886 And now you have an extraordinary opportunity, a day wherein Christ has thrown 1887the door of mercy wide open, and stands in the door calling and crying with a loud voice 1888to poor sinners; a day wherein many are flocking to Him, and pressing into the kingdom 1889of God. Many are daily coming from the east, west, north, and south; many that were 1890very lately in the same miserable condition that you are in, are now in a happy state, with 1891their hearts filled with love to Him who has loved them, and washed them from their sins 1892in his own blood, and rejoicing in hope of the glory of God. 1893 How awful is it to be left behind at such a day! To see so many others feasting, 1894while you are pining and perishing! To see so may rejoicing and singing for joy of heart, 1895while you have cause to mourn for sorrow of heart, and howl for vexation of spirit! How 1896can you rest one moment in such a condition? Are not your souls as precious as the souls 1897of the people at Suffield, where they are flocking from day to day to Christ? 1898 Are there not many here that have lived long in the world and are not to this day 1899born again? and so are aliens from the commonwealth of Israel, and have done nothing 1900ever since they have lived but treasure up wrath against the day of wrath? Oh, sirs, your 1901case, in an especial manner, is extremely dangerous. Your guilt and hardness of heart is 1902extremely great. Do you not see how generally persons of your years are passed over and 1903left in the present remarkable and wonderful dispensation of God's mercy? You had need 1904to consider yourselves, and wake thoroughly out of sleep. You cannot bear the fierceness 1905and wrath of the infinite God. 1906 And you, young men and young women, will you neglect this precious season 1907which you now enjoy, when so many others of your age are renouncing all youthful 1908vanities and flocking to Christ? You especially have now an extraordinary opportunity; 1909but if you neglect it, it will soon be with you as it is with those persons who spent all the 1910precious days of youth in sin, and are now come to such a dreadful pass in blindness and 1911hardness. And you, children, who are unconverted, do not you know that you are going 1912down to hell, to bear the dreadful wrath of that God who is now angry with you every day 1913and every night? Will you be content to be the children of the devil, when so many other 1914children in the land are converted, and are become the holy and happy children of the 1915King of kings? 1916 And let everyone that is yet out of Christ, and hanging over the pit of hell, 1917whether they be old men and women, or middle-aged, or young people, or little children, 1918now hearken to the loud calls of God's word and providence. This acceptable year of the 1919Lord, a day of such great favors to some, will doubtless be a day of as remarkable 1920vengeance to others. Men's hearts harden, and their guilt increases apace at such a day as

78 45 79

1921this if they neglect their souls; and never was there so great danger of such persons being 1922given up to hardness of heart and blindness of mind. 1923 God seems now to be hastily gathering in His elect in all parts of the land; and 1924probably the greater part of adult persons that ever shall be saved will be brought in now 1925in a little time; and that it will be as it was on that great outpouring of the Spirit upon the 1926Jews in the apostles' days - the election will obtain, and the rest will be blinded. If this 1927should be the case with you, you will eternally curse this day, and will curse the day that 1928ever your were born, to see such a season of the pouring out of God's Spirit, and will 1929wish that you had died and gone to hell before you had seen it. Now undoubtedly it is, as 1930it was in the days of John the Baptist, the axe is in an extraordinary manner laid at the 1931root of the trees, that every tree that brings not forth good fruit may be hewn down and 1932cast 1933into the fire. Therefore, let everyone that is out of Christ now awake and fly from the 1934wrath to come. The wrath of Almighty God is now undoubtedly hanging over great part 1935of this congregation. Let everyone fly out of Sodom: "Haste and escape for your lives, 1936look not behind you, escape to the mountain, lest you be consumed." 1937

80 46 81

1938Lesson 6: "Anglo-American Worlds of the 18th Century / The Seven Years’ War 1939and its Aftermath" 1940 1941Assignment: 1942 1943Visions: 87-100 1944Document 7: Cato’s Letter number 115 1945Document 8: Resolutions of the Stamp Act Congress 1946 1947Learning Objectives: 1948 19491. Explain why and to what extent England and her American colonies were different 1950and the same socially, demographically, economically, and politically by the eve of the 1951Seven Years' War. 1952 1953______1954 1955______1956 1957______1958 1959______1960 1961______1962 1963______1964 1965______1966 1967______1968 1969______1970 19712. Explain how, as a result of these differences, England and America viewed each other. 1972 1973______1974 1975______1976 1977______1978 1979______1980 1981______1982 1983______

82 47 83

1984 1985______1986 19873. Explain why the British fought the Seven Years' War with France. Compare and 1988contrast the expectations of the British government with those of the colonists in America 1989after the war. 1990 1991______1992 1993______1994 1995______1996 1997______1998 1999______2000 2001______

20024. Explain why the British government thought that post-war revenue raising measures 2003were justified and why the colonists did not. 2004 2005______2006 2007______2008 2009______2010 2011______2012 2013______2014 2015______

20165. What does Cato’s Letter Number 115 say about the dangers of unchecked power? 2017How does this relate to the colonists’ political position? 2018 2019______2020 2021______2022 2023______2024 2025______2026 2027______2028

84 48 85

2029______

20306. What were the requests of the Stamp Act Congress? How did the colonists justify 2031these requests? 2032 ______2033 2034______2035 2036______2037 2038______2039 2040______2041 2042______

2043Document 7: Cato’s Letter Number 115, Saturday, February 9, 1722 (Written by 2044John Trenchard and Thomas Gordan.) 2045 2046The encroaching Nature of Power, ever to be watched and checked. 2047 2048Sir, 2049 Only the checks put upon magistrates make nations free; and only the want of 2050such checks makes them slaves. They are free, where their magistrates are confined 2051within certain bounds set them by the people, and act by rules prescribed them by the 2052people: And they are slaves, where their magistrates choose their own rules, and follow 2053their lust and humours; than which a more dreadful curse can befall no people; nor did 2054ever any magistrate do what he pleased, but the people were undone by his pleasure; and 2055therefore most nations in the world are undone, and those nations only who bridle their 2056governors do not wear chains. 2057 2058 Unlimited power is so wild and monstrous a thing, that however natural it be to 2059desire it, it is as natural to oppose it; nor ought it to be trusted with any mortal man, be his 2060intentions ever so upright: For, besides that he will never care to part with it, he will 2061rarely dare. In spite of himself he will make many enemies, against whom he will be 2062protected only by his power, or at least think himself best protected by it. The frequent 2063and unforeseen necessities of his affairs, and frequent difficulties and opposition, will 2064force him for his own preservation, or for the preservation of his power, to try expedients, 2065to tempt dangers, and to do things which he did not foresee, nor intend, and perhaps, in 2066the beginning, abhorred. 2067 2068 We know, by infinite examples and experience, that men possessed of power, 2069rather than part with it, will do anything, even the worst and the blackest, to keep it; and 2070scarce ever any man upon earth went out of it as long as he could carry every thing his 2071own way in it; and when he could not, he resigned. I doubt that there is not one 2072exception in the world to this rule; and that Dioclesian, Charles V, and even Sulla, laid 2073down their power out of pique and discontent, and from opposition and disappointment.

86 49 87

2074This seems certain, that the good of the world, or of their people, was not one of their 2075motives either for continuing in power, or for quitting it. 2076 2077 It is the nature of power to be ever encroaching, and converting every 2078extraordinary power, granted at particular times, and upon particular occasions, into an 2079ordinary power, to be used at all times, and when there is no occasion; nor does it ever 2080part willingly with any advantage: From this spirit it is, that occasional commissions 2081have grown sometimes perpetual; that three years have been improved into seven, and 2082one into twenty; and that when the people have done with their magistrates, their 2083magistrates will not have done with the people. 2084 2085 The Romans, who knew this evil, having suffered by it, provided wise remedies 2086against it; and when one ordinary power grew too great, checked it with another. Thus 2087the office and power of the tribunes was set up to balance that of the consuls, and to 2088protect the populace against the insolence, pride, and intrenchments of the nobility: And 2089when the authority of the tribunes grew too formidable, a good expedient was found out 2090to restrain it; for in any turbulent or factious design of the tribunes, the protest or dissent 2091of any one of them made void the purposes and proceedings of all the rest. And both the 2092consuls and tribunes were chosen only for a year. 2093 2094 Thus the Romans preserved their liberty by limiting the time and power of their 2095magistrates, and by making them answerable afterwards for their behaviour in it: And 2096besides all this, there lay from the magistrates an appeal to the people; a power which, 2097however great, they generally used with eminent modesty and mercy; and, like the people 2098of other nations, sinned much seldomer than their governors. Indeed in any publick 2099disorder, or misfortune, the people are scarce ever in the fault; but far on the other side, 2100suffer often, with a criminal patience, the sore evils brought wantonly or foolishly upon 2101them by others, whom they pay dear to prevent them. 2102 This sacred right of appealing to the people, was secured to them by a very good 2103and very severe law, which is found in Livy in these words: 2104 2105 Aliam deinde consularem legem de provocatione, unicum praesidium 2106 libertatis, decemvirali potestate eversam, non restituunt modo, sed etiam 2107 muniunt, sanciendo novam legem, ne quis ullum magistratum sine 2108 provocatione crearet: Qui creasset, eum jus fasque esset occidi: Neve 2109 caedes capitalis noxae haberetur. 2110 2111 The former consular law for appealing to the people (the first and only 2112 great support of liberty), having been overturned by the usurpation of the 2113 Decemviri, was now not only restored, but fortified by a new law, which 2114 forbad the creating of any magistrate without appeal, and made it lawful to 2115 kill any man that did so, without subjecting the killer to a capital penalty. 2116 2117The Romans had but too good reason for these laws; for the Decemviri, from whom there 2118was no appeal, had enslaved them. 2119

88 50 89

2120 And because the being frequently chosen into power, might have effects as bad as 2121the long continuance in it, Cicero, in his book De Legibus, tells us, that there was an 2122express law, Eundem magistratum, ni interfuerint decem anni, ne quis capito; “That no 2123man should bear the same magistracy which he had borne before, but after an interval of 2124ten years.” This law was afterwards strengthened with severe penalties. Hence Rutilius 2125Censorius blamed the people in a publick speech for creating him twice censor: And 2126Fabius Maximus would have hindered them from choosing his son consul, though 2127possessed of every virtue proper for one, because the chief magistracies had been too 2128long and too often in the Fabian family. And there are many instances in the Roman 2129history, of magistrates, chief magistrates, being degraded for their pride, avarice, and 2130maladministration; and those who were thus degraded, were by law disabled, like our late 2131directors, from ever enjoying again any post or power. Nor were the Romans less careful 2132to oblige their magistrates as soon as they came out of their offices and governments, to 2133make up their accounts, and to give a strict account of their good behaviour; and for an ill 2134one they were often condemned, and their estates confiscated. Besides all which, to be a 2135Senator, or a magistrate, a certain qualification in point of fortune was required; and those 2136who had run through their fortunes were degraded from the dignity of Senators. A 2137reasonable precaution, that they who were entrusted with the interest of their country, 2138should have some interest of their own in it. 2139 2140 In this manner did the Roman people check power, and those who had it; and 2141when any power was grown quite ungovernable, they abolished it. Thus they expelled 2142Tarquin, and the kingly government, having first suffered much by it; and they prospered 2143as eminently without it. That government too had been extremely limited: The first 2144Roman kings were little more than generals for life: They had no negative vote in the 2145Senate, and could neither make war nor peace; and even in the execution of justice, an 2146appeal lay from them to the people, as is manifest in the case of the surviving Horatius, 2147who slew his sister. Servius Tullius made laws, says Tacitus, which even the kings were 2148to obey. By confining the power of the crown within proper bounds, he gained power 2149without bounds in the affections of the people. But the insolent Tarquin broke through all 2150bounds, and acted so openly against law, and the people of Rome, that they had no 2151remedy left but to expel him and his race; which they did with glorious success. 2152 2153 The dictatorial power was afterwards given occasionally, and found of great use; 2154but still it was limited to so many months; and there are instances where even the dictator 2155could not do what he pleased, but was over-ruled by the judgment of the people. Besides, 2156when the Romans came to have great and distant territories, and great armies, they 2157thought the dictatorial power too great and too dangerous to be trusted with any subject, 2158and laid it quite aside; nor was it ever afterwards used, till it was violently usurped, first 2159by Sulla, afterwards by Caesar, and then Rome lost its liberty. 2160 2161 T I am, &c. 2162 2163Document 8: Resolutions of the Stamp Act Congress (See pages 154-155 of Nation of 2164Nations for background.) 2165

90 51 91

2166 The members of this Congress, sincerely devoted with the warmest sentiments of 2167affection and duty to His Majesty's person and Government, inviolably attached to the 2168present happy establishment of the Protestant succession, and with minds deeply 2169impressed by a sense of the present and impending misfortunes of the British colonies on 2170this continent; having considered as maturely as time will permit the circumstances of the 2171said colonies, esteem it our indispensable duty to make the following declarations of our 2172humble opinion respecting the most essential rights and liberties of the colonists, and of 2173the grievances under which they labour, by reason of several late Acts of Parliament. 2174 I. That His Majesty's subjects in these colonies owe the same allegiance to the 2175Crown of Great Britain that is owing from his subjects born within the realm, and all due 2176subordination to that august body the Parliament of Great Britain. 2177 II. That His Majesty's liege subjects in these colonies are intitled to all the 2178inherent rights and liberties of his natural born subjects within the kingdom of Great 2179Britain. 2180 III. That it is inseparably essential to the freedom of a people, and the undoubted 2181right of Englishmen, that no taxes be imposed on them but with their own consent, given 2182personally or by their representatives. 2183 IV. That the people of these colonies are not, and from their local circumstances 2184cannot be, represented in the House of Commons in Great Britain. 2185 V. That the only representatives of the people of these colonies are persons 2186chosen therein by themselves, and that no taxes ever have been, or can be constitutionally 2187imposed on them, but by their respective legislatures. 2188 VI. That all supplies to the Crown being free gifts of the people, it is 2189unreasonable and inconsistent with the principles and spirit of the British Constitution, 2190for the people of Great Britain to grant to His Majesty the property of the colonists. 2191 VII. That trial by jury is the inherent and invaluable right of every British subject 2192in these colonies. 2193 VIII. That the late Act of Parliament, entitled An Act for granting and applying 2194certain stamp duties, and other duties, in the British colonies and plantations in America, 2195etc., by imposing taxes on the inhabitants of these colonies; and the said Act, and several 2196other Acts by extending the jurisdiction of the courts of Admiralty beyond its ancient 2197limits, have a manifest tendency to subvert the rights and liberties of the colonists. 2198 IX. That the duties imposed by several late Acts of parliament, from the peculiar 2199circumstances of these colonies, will be extremely burthensome and grievous; and from 2200the scarcity of specie, the payment of them absolutely impracticable. 2201 X. That as the profits of the trade of these colonies ultimately center in Great 2202Britain, to pay for the manufactures which they are obliged to take from thence, they 2203eventually contribute very largely to all supplies granted there to the Crown. 2204 XI. That the restrictions imposed by several late Acts of Parliament on the trade 2205of these colonies will render them unable to purchase the manufactures of Great Britain. 2206 XII. That the increase, prosperity, and happiness of these colonies depend on the 2207full and free enjoyments of their rights and liberties, and an intercourse with Great Britain 2208mutually affectionate and advantageous. 2209 XIII. That is the right of the British subjects in these colonies to petition the King 2210or either House of Parliament.

92 52 93

2211 Lastly, That it is the indispensable duty of these colonies to the best of sovereigns, 2212to the mother country, and to themselves, to endeavour by a loyal and dutiful address to 2213His Majesty, and humble applications to both Houses of Parliament, to procure the repeal 2214of the Act for granting and applying certain stamp duties, of all clauses of any other Acts 2215of Parliament, whereby the jurisdiction of the Admiralty is extended as aforesaid, and of 2216the other late Acts for the restriction of American commerce. 2217 2218 2219

94 53 95

2220

96 54 97

2221 The Colonies in Contrast to England 2222 THE COLONIES ENGLAND Land Broad Based (many have it) 2% hold 70% of the land; only 25% Holding 70-75% own land; Farms; big business Capital Relatively low Relatively high Supply Depend on England for it Lloyds of London VA owes money (English £) The Bank of England Labor Low High Supply High wages paid Low wages paid Slavery (widespread in South) Limited slavery Wage Rates Wages twice as high as in ½ as high as colonies England; Poor get poorer Poor do not stay poor Land Cost Cheap land; workers buy land Poor can’t buy land % Urban 90% in towns of <2,000 25%; London huge, 675,000 people Products Raw materials Moving to finished goods tobacco, wheat, sugar, rice, textiles, mines indigo, fish Value Relatively low Relatively high and the Profits Added go to the Owners Wealth Low; ¾ are “middling sort” High, 2/3 are subsistence Inequality Franchise Land ownership sufficient Same, but fewer own land Requireme for economic independence nts % White 70% and increasing 25% and stable Males who could vote Aristocracy Elites, but no true aristocracy Strong; aristocrats inherit seats in Limited hierarchy the no inherited titles House of Lords; “Gentlemen” hold no hereditary political power; vastly wealthy privileges not as wealthy Theory of Actual—A representative Balanced—As a result of the Representa represented Glorious tion an actual district; Revolution, each social order was Representatives must represented in government by live in district and are virtue of accountable to it; what social order they were in. King-monarchy; Lords-aristocracy Direct bicameral Legislature Commons—democracy with Virtual—Members of Parliament did executive not represent a particular district, but all England Practice of Actual (within limits); Some Monarchy controlled patronage and Representa politicians half tion buy votes with liquor of Parliament; Money and liquor bribe voters; “Rotten boroughs”

98 55 99

Executive Governors are weak in Monarch is very powerful; Authority practice, Controlled through patronage and dependent on the legislature for salary; did not control through patronage Political Followed “Opposition” writings; Satisfied with results of the Glorious Ideology Saw strong government as Revolution. Saw “Opposition” as corrupt and not to be trusted a fringe party 2223 2224

100 56 101

2225Lesson 7: "Toward the War for Independence" 2226 2227Assignment: 2228 2229Visions: 100-110 2230Document 9: Samuel Adams, "Natural Rights of the Colonists" 2231Document 10: Extract from Cato’s Letters number 95 2232 2233Learning Objectives: 2234 22351. Explain how, why, and to what extent Americans moved toward independence from 22361765 to 1775. 2237______2238 2239______2240 2241______2242 2243______2244 2245______2246 2247______2248 2249______

22502. What, according to Samuel Adams, were the rights of the colonists as men, and as 2251British subjects? How much of Adams’s thinking reflected the political philosophy 2252expressed in Locke’s Second Treatise, or in Trenchard and Gordon’s Cato’s Letters? 2253What course does Adams imply that the colonists would take if Parliament did not 2254change its policies toward America? 2255 2256______2257 2258______2259 2260______2261 2262______2263 2264______2265 2266______2267 2268______

2269Document 9: Excerpts from: Samuel Adams, "The Rights of the Colonists"

102 57 103

2270(Written on November 20, 1772. ) 2271 2272 2273NATURAL RIGHTS OF THE COLONISTS AS MEN 2274 2275Among the natural rights of the colonists are these: first, a right to life, second, to liberty; 2276third, to property; together with the right to support and defend them in the best manner 2277they can. These are evident branches of, rather than deductions from, the duty of self- 2278preservation, commonly called the first law of nature. 2279 2280 All men have a right to remain in a state of nature as long as they please; and in 2281case of intolerable oppression, civil or religious, to leave the society they belong to, and 2282enter into another. 2283 When men enter into society, it is by voluntary consent; and they have a right to 2284demand and insist upon the performance such conditions and previous limitations as form 2285an equitable original compact. 2286 Every natural right not expressly given up, or, from the nature of a social 2287compact, necessarily ceded, remains. 2288 All positive and civil laws should conform, as far as possible, to the law of natural 2289reason and equity. 2290 As neither reason requires nor religion permits the contrary, every man living in 2291or out of a state of civil society has a right peaceably and quietly to worship God 2292according to the dictates of his conscience. 2293 "Just and true liberty, equal and impartial liberty," in matters spiritual and 2294temporal, is a thing that all men are clearly entitled to by the eternal and immutable laws 2295of God and nature, as well as by the Law of nations and all well-grounded municipal 2296laws, which must have their foundation in the former. 2297 In regard to religion, mutual toleration in the different professions thereof is what 2298all good and candid minds in all ages have ever practised, and, both by precept and 2299example, inculcated on mankind. And it is now generally agreed among Christians that 2300this spirit of toleration, in the fullest extent consistent with the being of civil society, is 2301the chief characteristical mark of the church. Insomuch that Mr. Locke has asserted and 2302proved, beyond the possibility of contradiction on any solid ground, that such toleration 2303ought to be extended to all whose doctrines are not subversive of society. The only sects 2304which he thinks ought to be, and which by all wise laws are excluded from such 2305toleration, are those who teach doctrines subversive of the civil government under which 2306they live. The Roman Catholics or Papists are excluded by reason of such doctrines as 2307these: that princes excommunicated may be deposed, and those that they call heretics 2308may be deposed, and those that they call heretics may be destroyed without mercy; 2309besides their recognizing the pope in so absolute a manner, in subversion of government, 2310by introducing, as far as possible into the states under whose protection they enjoy life, 2311liberty, and property, that solecism in politics, imperium in imperio, leading directly to 2312the worst anarchy and confusion, civil discord, war, and bloodshed. 2313 The natural liberty of man, by entering into society, is abridged or restrained so 2314far only as is necessary for the great end of society, the best good of the whole.

104 58 105

2315 In the state of nature every man is, under God, judge and sole judge of his own 2316rights and of the injuries done him. By entering into society he agrees to an arbiter or 2317indifferent judge between him and his neighbors; but he no more renounces his original 2318right than by taking a course out of the ordinary course of law, and leaving the decision to 2319referees or indifferent arbitrators. In the last case, he must pay the referees for time and 2320trouble. He should also be willing to pay his just quota for the support of government, 2321the law, and the constitution; the end of which is to furnish indifferent and impartial 2322judges in all cases that may happen, whether civil, ecclesiastical, marine, or military. 2323 The natural liberty of man is to be free from any superior power on earth, and not 2324to be under the will or legislative authority of man, but only to have the law of nature for 2325his rule. 2326 In the state of nature men may, as the patriarch did, employ hired servants for the 2327defense of their lives, liberties, and property; and they should pay them reasonable wages. 2328Government was instituted for the purposes of common defense, and those who hold the 2329reins of government have an equitable, natural right to an honorable support from the 2330same principle that "the laborer is worthy of his hire." But then the same community 2331which they serve ought to be the assessors of their pay. Governors have no right to seek 2332and take what they please; by this, instead of being content with the station assigned 2333them, that of honorable servants of the society, they would soon become absolute 2334masters, despots, and tyrants. Hence, as a private man has a right to say what wages he 2335will give in his private affairs, so has a community to determine what they will give and 2336grant of their substance for the administration of public affairs. And, in both cases, more 2337are ready to offer their service at the proposed and stipulated price than are able and 2338willing to perform their duty. 2339 In short, it is the greatest absurdity to suppose it in the power of one or any 2340number of men, at the entering into society, to renounce their essential natural rights, or 2341the means of preserving those rights, when the grand end of civil government, from the 2342very nature of its institution, is for the support, protection, and defense of those very 2343rights; the principal of which, as is before observed, are life, liberty, and property. If 2344men, through fear, fraud, or mistake, should in terms renounce or give up any essential 2345natural right, the eternal law of reason and the grand end of society would absolutely 2346vacate such renunciation. The right to freedom being the gift of God Almighty, it is not 2347in the power of man to alienate this gift and voluntarily become a slave. . . . 2348 2349 The Rights of the Colonists as Subjects 2350 2351 A commonwealth or state is a body politic, or civil society of men, united together 2352to promote their mutual safety and prosperity by means of their union. 2353 The absolute rights of Englishmen and all freemen, in or out of civil society, are 2354principally personal security, personal liberty, and private property. 2355 All persons born in the British American colonies are, by the laws of God and 2356nature and by the common law of England, exclusive of all charters from the Crown, well 2357entitled, and by acts of the British Parliament are declared to be entitled, to all the natural, 2358essential, inherent, and inseparable rights, liberties, and privileges of subjects born in 2359Great Britain or within the Realm. Among those rights are the following, which no man,

106 59 107

2360or body of men, consistently with their own rights as men and citizens, or members of 2361society, can for themselves give up or take away from others. 2362 First, "the first fundamental positive law of all commonwealths or states is the 2363establishing the legislative power. As the first fundamental natural law, also, which is to 2364govern even the legislative power itself, is the preservation of the society." 2365 Second, the legislative has no right to absolute, arbitrary power over the lives and 2366fortunes of the people; nor can mortals assume a prerogative not only too high for men, 2367but for angels, and therefore reserved for the exercise of the Deity alone. 2368 "The legislative cannot justly assume to itself a power to rule by extempore 2369arbitrary decrees; but it is bound to see that justice is dispensed, and that the rights of the 2370subjects be decided by promulgated, standing, and known laws, and authorized 2371independent judges"; that is, independent, as far as possible, of prince and people. "There 2372should be one rule of justice for rich and poor, for the favorite at court, and the 2373countryman at the plough." 2374 Third, the supreme power cannot justly take from any man any part of his 2375property, without his consent in person or by his representative. 2376 These are some of the first principles of natural law and justice, and the great 2377barriers of all free states and the British constitution in particular. It is utterly 2378irreconcilable to these principles and to many other fundamental maxims of the common 2379law, common sense, and reason that a British House of Commons should have right at 2380pleasure to give and grant the property of the colonists. (That the colonists are well 2381entitled to all the essential rights, liberties, and privileges of men and freemen born in 2382Britain is manifest not only from the colony charters in general, but acts of the British 2383Parliament.) The statue of the 13th year of George II, chap. 7, naturalizes even foreigners 2384after seven years' residence. The words of the Massachusetts charter are these: 2385 2386 And further, our will and pleasure is, and we do hereby 2387 for Us, Our Heirs, and Successors, grant, establish, and ordain that all 2388 and every of the subjects of Us, Our Heirs, and Successors, which shall 2389 go to, and inhabit within our said province or territory, and every of 2390 their children, which shall happen to be born there or on the seas in 2391 going thither or returning from thence, shall have and enjoy all liberties 2392 and immunities of free and natural subjects within any of the dominions 2393 of Us, Our Heirs, and Successors, to all intents, constructions, and 2394 purposes whatsoever, as if they and every one of them were born within 2395 this Our Realm of England. 2396 2397 Now what liberty can there be where property is taken away without consent? 2398Can it be said with any color of truth and justice that this continent of 3,000 miles in 2399length, and of a breadth as yet unexplored, in which, however, it is supposed there are 24005,000,000 people, has the least voice, vote, or influence in the British Parliament? Have 2401they all together any more weight or power to return a single member to that House of 2402Commons who have not inadvertently, but deliberately, assumed a power to dispose of 2403their lives, liberties, and properties, than to choose an emperor of China? Had the 2404colonists a right to return members to the British Parliament, it would only be hurtful; as,

108 60 109

2405from their local situation and circumstances, it is impossible they should ever be truly and 2406properly represented there. 2407 2408 The inhabitants of this country, in all probability, in a few years will be more 2409numerous than those of Great Britain and Ireland together; yet it is absurdly expected by 2410the promoters of the present measures that these, with their posterity to all generations, 2411should be easy, while their property shall be disposed of by a House of Commons at 24123,000 miles' distance from them, and who cannot be supposed to have the least care or 2413concern for their real interest; who have not only no natural care for their interest, but 2414must be in effect bribed against it, as every burden they lay on the colonists is so much 2415saved or gained to themselves. Hitherto, many of the colonists have been free from 2416quitrents; but if the breath of a British House of Commons can originate an act for taking 2417away all our money, our lands will go next, or be subject to rack rents from haughty and 2418relentless landlords, who will ride at ease, while we are trodden in the dirt. The colonists 2419have been branded with the odious names of traitors and rebels only for complaining of 2420their grievances. How long such treatment will be ought to be borne is submitted.

110 61 111

2421 2422Document 10: Extract from Cato’s Letters number 95, Saturday, September 22, 24231722, “Further Reasonings against Standing Armies” 2424 2425 It is certain that all parts of Europe, which are enslaved, have been enslaved by 2426armies; and it is absolutely impossible, that any nation which keeps them amongst 2427themselves can long preserve their liberties; nor can any nation perfectly lose their 2428liberties who are without such guests: And yet, though all men see this, and at times 2429confess it, yet all have joined in their turns, to bring this heavy evil upon themselves and 2430their country. Charles II formed his guards into a little army, and his successor increased 2431them to three or four times their number: and without doubt these kingdoms had been 2432enslaved, if known events had not prevented it. We had no sooner escaped these dangers, 2433than King William’s ministry formed designs for an army again, and neglected Ireland 2434(which might have been reduced by a message) till the enemy was so strong, that a great 2435army was necessary to recover it; and when all was done abroad that an army was wanted 2436for, they thought it convenient to find some employment for them at home. However, the 2437nation happened to be not of their mind, and disbanded the greatest part of them, without 2438finding any of these dangers which they were threatened with from their disbanding. . . . 2439 2440 2441

112 62 113 Action and Reaction Toward the War for Independence

2442 KICKOFF BRITISH ACTION 1 TOWNSHEND ACTS COLONIAL A) Suspends ______until it caves in to ______REACTION B) Creates ______(______) 2 C) Also creates more ______Courts A) Colonists feel ______D) Places duties on ______in B) Organize ______in Boston 1767 C) In 1768, Boston _____ E) Tariff revenues support ______D) Individual ______form E) Americans protest with ______

1768 – British send ______to Boston to ______4 3 1769 – Clashes in ______1769 – Colonists resume ______1770 – Boston ______inflames ______5 A) ______are repealed except for ___ B) In 1770, Lord North becomes Prime Minister C) British are still losing ______HALF-TIME

A) From 1770-1772, there are two years of ______6 B) However, ______Courts remain C) Colonists still pay revenues for ______D) Backcountry sees ______

SECOND HALF KICKOFF

In 1772, Colonists burn ______7 8 ______A) British establish ______to try ______the offenders B) In 1773, they institute the ______, which bails out the East India Company with a monopoly on tea, but lowers the ______

PARTY TIME 9 A) Colonists see ______as a new ___ B) In December 1773, have ______, in which they ______C) Form ______to rally protestors

114 63 115 Action and Reaction Toward the War for Independence

2443 BRITISH ACTION COLONIAL REACTION

HAMMER TIME BOSTON TEA PARTY 9

10 INTOLERABLE (COERCIVE) ACTS A) ______in 1774 closes the port until the dumped tea is paid for B) 1774—______replaces the colonial government C) ______is extended beyond Massachusetts D) The ______says that 11 the British will now try their own officials A) Colonists now fear ______, as defined by ______in England B) They now fear ______, leading to greater colonial unity C) In 1774, the ______convenes D) In October, they publish the ______, which says that Parliament could regulate _____, but had no right to ______(KEY) E) There is widespread civil disobedience to the ______(______) Acts F) Colonists want a return to the conditions of ____ G) The ______approves a ______12 ______until the Intolerable Acts are repealed

1774—Gage, the Massachusetts Governor, dissolves the ______13 ______form, first in Massachusetts, then elsewhere 14 NAP TIME A) _____ in England B) Attempted arrest of ______BATTLE TIME 15 1775 – Battles of ______(Rubicon Crossed)

116 64 117

2444Lesson 8: "Declaring Independence" 2445 2446Assignment: 2447 2448Visions: 110-112 2449Document 11: 1777 Black Petition Against Slavery in Massachusetts 2450Document 12: The Declaration of Independence, 1776 2451Document 13: Extract from Jefferson’s Rough Draft of the Declaration of Independence 2452 2453Learning Objectives: 2454 24551. Explain why America declared its independence from Britain in 1776. To what extent 2456can the Declaration be seen as a function of current events circa 1765-1776? 2457 2458______2459 2460______2461 2462______2463 2464______2465 2466______2467 2468______

24692. Explain the extent to which the Declaration of Independence was a product of the 2470Enlightenment and Opposition Thinking. 2471 2472______2473 2474______2475 2476______2477 2478______2479 2480______2481 2482______

24833. Explain the promise and limitations of the Declaration of Independence. 2484 2485______2486

118 65 119

2487______2488 2489______2490 2491______2492 2493______2494 2495______

24964. What are the implications about for whom the Declaration of Independence was 2497written, given that the extract on slavery (see documents) was omitted? 2498 2499______2500 2501______2502 2503______2504 2505______2506 2507______2508 2509______

2510 2511

120 66 121

2512Document 11: 1777 Black Petition Against Slavery in Massachusetts 2513 2514 The petition of a great number of blacks detained in a state of slavery in the 2515bowels of a free and Christian country humbly shows that your petitioners apprehend that 2516they have in common with all other men a natural and unalienable right to that freedom 2517which the Great Parent of the universe has bestowed equally on all mankind and which 2518they have never forfeited by any compact or agreement whatever. But they were unjustly 2519dragged by the hand of cruel power from their dearest friends and some of then even torn 2520from the embraces of their tender parents, from a populous, pleasant, and plentiful 2521country and in violation of laws of nature and of nations and in defiance of all the tender 2522feelings of humanity, brought here either to be sold like beasts of burden and, like them, 2523condemned to slavery for life -- among a people professing the mild religion of Jesus; a 2524people not insensible of the secrets of rational being, nor without spirit to resent the 2525unjust endeavors of others to reduce them to a state of bondage and subjection. Your 2526Honor need not be informed that a life of slavery like that of your petitioners, deprived of 2527very social privilege of everything requisite to render life tolerable, is far worse then 2528nonexistence. 2529 In imitation of the laudable example of the good people of these states, your 2530petitioners have long and patiently awaited the event of petition after petition presented 2531by them to the legislative body of this state, and cannot but with grief reflect that their 2532success has been but too similar. They cannot but express their astonishment that it has 2533never been considered that every principle from which American has acted in the course 2534of their unhappy difficulties with Great Britain pleads stronger than a thousand arguments 2535in favor of your petitioners. 2536 They therefore humbly beseech Your Honors to give this petition its due weight 2537and consideration, and cause an act of legislation to be passed whereby they may be 2538restored to the enjoyments of that which is the natural right of all men, and that their 2539children, who were born in this land of liberty, may not be held as slaves after they arrive 2540at the age of twenty-one years. So may the inhabitants of this state, no longer chargeable 2541with the inconsistency of acting themselves the part which they condemn and oppose in 2542others, be prospered in their present glorious struggle for liberty and have those blessings 2543for themselves. 2544 2545

122 67 123

2546Document 12: The Declaration of Independence (Adopted by Congress on July 4, 25471776) 2548 2549The Unanimous Declaration of the Thirteen United States of America 2550When, in the course of human events, it becomes necessary for one people to dissolve the 2551political bonds which have connected them with another, and to assume among the 2552powers of the earth, the separate and equal station to which the laws of nature and of 2553nature's God entitle them, a decent respect to the opinions of mankind requires that they 2554should declare the causes which impel them to the separation. 2555We hold these truths to be self-evident, that all men are created equal, that they are 2556endowed by their Creator with certain unalienable rights, that among these are life, 2557liberty and the pursuit of happiness. That to secure these rights, governments are 2558instituted among men, deriving their just powers from the consent of the governed. That 2559whenever any form of government becomes destructive to these ends, it is the right of the 2560people to alter or to abolish it, and to institute new government, laying its foundation on 2561such principles and organizing its powers in such form, as to them shall seem most likely 2562to effect their safety and happiness. Prudence, indeed, will dictate that governments long 2563established should not be changed for light and transient causes; and accordingly all 2564experience hath shown that mankind are more disposed to suffer, while evils are 2565sufferable, than to right themselves by abolishing the forms to which they are 2566accustomed. But when a long train of abuses and usurpations, pursuing invariably the 2567same object evinces a design to reduce them under absolute despotism, it is their right, it 2568is their duty, to throw off such government, and to provide new guards for their future 2569security. --Such has been the patient sufferance of these colonies; and such is now the 2570necessity which constrains them to alter their former systems of government. The history 2571of the present King of Great Britain is a history of repeated injuries and usurpations, all 2572having in direct object the establishment of an absolute tyranny over these states. To 2573prove this, let facts be submitted to a candid world. 2574He has refused his assent to laws, the most wholesome and necessary for the public good. 2575He has forbidden his governors to pass laws of immediate and pressing importance, 2576unless suspended in their operation till his assent should be obtained; and when so 2577suspended, he has utterly neglected to attend to them. 2578He has refused to pass other laws for the accommodation of large districts of people, 2579unless those people would relinquish the right of representation in the legislature, a right 2580inestimable to them and formidable to tyrants only. 2581He has called together legislative bodies at places unusual, uncomfortable, and distant 2582from the depository of their public records, for the sole purpose of fatiguing them into 2583compliance with his measures. 2584He has dissolved representative houses repeatedly, for opposing with manly firmness his 2585invasions on the rights of the people.

124 68 125

2586He has refused for a long time, after such dissolutions, to cause others to be elected; 2587whereby the legislative powers, incapable of annihilation, have returned to the people at 2588large for their exercise; the state remaining in the meantime exposed to all the dangers of 2589invasion from without, and convulsions within. 2590He has endeavored to prevent the population of these states; for that purpose obstructing 2591the laws for naturalization of foreigners; refusing to pass others to encourage their 2592migration hither, and raising the conditions of new appropriations of lands. 2593He has obstructed the administration of justice, by refusing his assent to laws for 2594establishing judiciary powers. 2595He has made judges dependent on his will alone, for the tenure of their offices, and the 2596amount and payment of their salaries. 2597He has erected a multitude of new offices, and sent hither swarms of officers to harass 2598our people, and eat out their substance. 2599He has kept among us, in times of peace, standing armies without the consent of our 2600legislature. 2601He has affected to render the military independent of and superior to civil power. 2602He has combined with others to subject us to a jurisdiction foreign to our constitution, 2603and unacknowledged by our laws; giving his assent to their acts of pretended legislation: 2604For quartering large bodies of armed troops among us: 2605For protecting them, by mock trial, from punishment for any murders which they should 2606commit on the inhabitants of these states: 2607For cutting off our trade with all parts of the world: 2608For imposing taxes on us without our consent: 2609For depriving us in many cases, of the benefits of trial by jury: 2610For transporting us beyond seas to be tried for pretended offenses: 2611For abolishing the free system of English laws in a neighboring province, establishing 2612therein an arbitrary government, and enlarging its boundaries so as to render it at once an 2613example and fit instrument for introducing the same absolute rule in these colonies: 2614For taking away our charters, abolishing our most valuable laws, and altering 2615fundamentally the forms of our governments: 2616For suspending our own legislatures, and declaring themselves invested with power to 2617legislate for us in all cases whatsoever. 2618He has abdicated government here, by declaring us out of his protection and waging war 2619against us.

126 69 127

2620He has plundered our seas, ravaged our coasts, burned our towns, and destroyed the lives 2621of our people. 2622He is at this time transporting large armies of foreign mercenaries to complete the works 2623of death, desolation and tyranny, already begun with circumstances of cruelty and perfidy 2624scarcely paralleled in the most barbarous ages, and totally unworthy the head of a 2625civilized nation. 2626He has constrained our fellow citizens taken captive on the high seas to bear arms against 2627their country, to become the executioners of their friends and brethren, or to fall 2628themselves by their hands. 2629He has excited domestic insurrections amongst us, and has endeavored to bring on the 2630inhabitants of our frontiers, the merciless Indian savages, whose known rule of warfare, is 2631undistinguished destruction of all ages, sexes and conditions. 2632In every stage of these oppressions we have petitioned for redress in the most humble 2633terms: our repeated petitions have been answered only by repeated injury. A prince, 2634whose character is thus marked by every act which may define a tyrant, is unfit to be the 2635ruler of a free people. 2636Nor have we been wanting in attention to our British brethren. We have warned them 2637from time to time of attempts by their legislature to extend an unwarrantable jurisdiction 2638over us. We have reminded them of the circumstances of our emigration and settlement 2639here. We have appealed to their native justice and magnanimity, and we have conjured 2640them by the ties of our common kindred to disavow these usurpations, which, would 2641inevitably interrupt our connections and correspondence. We must, therefore, acquiesce 2642in the necessity, which denounces our separation, and hold them, as we hold the rest of 2643mankind, enemies in war, in peace friends. 2644We, therefore, the representatives of the United States of America, in General Congress, 2645assembled, appealing to the Supreme Judge of the world for the rectitude of our 2646intentions, do, in the name, and by the authority of the good people of these colonies, 2647solemnly publish and declare, that these united colonies are, and of right ought to be free 2648and independent states; that they are absolved from all allegiance to the British Crown, 2649and that all political connection between them and the state of Great Britain, is and ought 2650to be totally dissolved; and that as free and independent states, they have full power to 2651levy war, conclude peace, contract alliances, establish commerce, and to do all other acts 2652and things which independent states may of right do. And for the support of this 2653declaration, with a firm reliance on the protection of Divine Providence, we mutually 2654pledge to each other our lives, our fortunes and our sacred honor.

128 70 129

2655Document 13: Extract from Jefferson’s Rough Draft of the Declaration of 2656Independence, June 28, 1776 2657 2658He has waged cruel war against human nature itself, violating it's most sacred rights of 2659life and liberty in the persons of a distant people who never offended him, captivating 2660and carrying them into slavery in another hemisphere, or to incure miserable death in 2661their transportation hither. this piratical warfare, the opprobium of infidel powers, is the 2662warfare of the Christian king of Great Britain. [determined to keep open a market where 2663MEN should be bought and sold,] he has prostituted his negative for suppressing every 2664legislative attempt to prohibit or to restrain this execrable commerce [determining to 2665keep open a market where MEN should be bought and sold]: and that this assemblage 2666of horrors might want no fact of distinguished die, he is now exciting those very people to 2667rise in arms among us, and to purchase that liberty of which he had deprived them, by 2668murdering the people upon whom he also obtruded them: thus paying off former crimes 2669committed against the liberties of one people, with crimes which he urges them to 2670commit against the lives of another.

2671 2672 2673 2674

130 71 131

2675Lesson 9: "The Revolutionary War” 2676 2677Assignment: 2678 2679Visions: 113-116 2680 2681Learning Objectives: 2682 26831. Considering social, political, economic, and diplomatic factors, explain why the 2684British strategy failed, and the American strategy succeeded during the Revolutionary 2685War. 2686 2687______2688 2689______2690 2691______2692 2693______2694 2695______2696 2697______

26982. Explain the different roles and social composition of the militia and the Continental 2699Army. 2700______2701 2702______2703 2704______2705 2706______2707 2708______

27093. Explain American women's contribution toward the war effort. 2710 2711______2712 2713______2714 2715______2716 2717______2718 2719______

132 72 133

27204. Explain the role of African Americans during the war. 2721 2722______2723 2724______2725 2726______2727 2728______2729 2730______

27315. To what extent was American society united in its support for the war? Implications? 2732 2733______2734 2735______2736 2737______2738 2739______2740 2741______

2742______2743 2744______

2745

134 73 135

2746Lesson 10: "America Under the Articles of Confederation" 2747 2748Assignment: 2749 2750Visions: 117-141 2751Document 14: Abigail Adams Argues for Equal Rights for Women 2752Document 15: The Articles of Confederation 2753 2754Learning Objectives: 2755 27561. Identify the strengths and weaknesses of the new state constitutions and the Articles of 2757Confederation. How were these governments an outgrowth of republican thought? 2758 2759______2760 2761______2762 2763______2764 2765______2766 2767______2768 2769______

27702. Explain how the new republic dealt with the problem of westward expansion. 2771 2772______2773 2774______2775 2776______2777 2778______2779 2780______

2781______2782 2783______

27843. Explain why women and African-Americans did not gain equality as a result of the 2785American Revolution. What were Abigail Adams's views on what women ought to gain 2786as a result of the Declaration of Independence? 2787 2788______2789

136 74 137

2790______2791 2792______2793 2794______2795 2796______2797 2798______

2799 2800

138 75 139

2801Document 14: Abigail Adams to John Adams, 1776 2802 2803 . . . I long to hear that you have declared an independancy--and by the way in the 2804Code of Laws which I suppose it will be necessary for you to make I desire you would 2805Remember the Ladies, and be more generous and favourable to them than your ancestors. 2806Do not put such unlimited power into the hands of the Husbands. Remember all Men 2807would be tyrants if they could. If perticuliar care and attention is not paid to the Ladies 2808we are determined to foment a Rebelion, and will not hold ourselves bound by any Laws 2809in which we have no voice, or Representation. 2810 That your Sex are Naturally Tyrannical is a Truth so thoroughly established as to 2811admit of no dispute, but such of you as wish to be happy willingly give up the harsh title 2812of Master for the more tender and endearing one of Friend. Why then, not put it out of 2813the power of the vicious and the lawless to use us with cruelty and indignity and 2814impunity. Men of Sense in all Ages abhor those customs which treat us only as the 2815vassals of your Sex. Regard us then as Beings placed by providence under your 2816protection and in immitation of the Supreem Being make use of that power only for our 2817happiness. 2818 2819 2820 2821

140 76 141

2822Document 15: The Articles of Confederation, 1781 (See pages 199-200 and 203 of 2823Nation of Nations for background.) 2824 2825 Art. I. The Stile of this confederacy shall be "The United States of America." 2826 Art. II. Each state retains its sovereignty, freedom and independence, and every 2827Power, Jurisdiction and right, which is not by this confederation expressly delegated to 2828the United States, in Congress assembled. 2829 Art. III. The said states hereby severally enter into a firm league of friendship 2830with each other, for their common defence, the security of their Liberties, and their 2831mutual and general welfare, binding themselves to assist each other, against all force 2832offered to, or attacks made upon them, or any of them, on account of religion, 2833sovereignty, trade, or any other pretense whatever. 2834 Art. IV. The better to secure and perpetuate mutual friendship and intercourse 2835among the people of the different states in this union, the free inhabitants of each of these 2836states, paupers, vagabonds and fugitives from Justice excepted, shall be entitled to all 2837privileges and immunities of free citizens in the several states; and the people of each 2838state shall have free ingress and regress to and from any other state, and shall enjoy 2839therein all the privileges of trade and commerce, subject to the same duties, impositions 2840and restrictions as the inhabitants thereof respectively, provided that such restriction shall 2841not extend so far as to prevent the removal of property imported into any state, to any 2842other state of which the Owner is an inhabitant; provided also that no imposition, duties 2843or restriction shall be laid by any state, on the property of the united states, or either of 2844them. 2845 If any Person guilty of, or charged with treason, felony, or other high 2846misdemeanor in any state, shall flee from Justice, and be found in any of the united states, 2847he shall upon demand of the Governor or executive power, of the state from which he 2848fled, be delivered up and removed to the state having jurisdiction of his offense. 2849 Full faith and credit shall be given in each of these states to the records, acts and 2850judicial proceedings of the courts and magistrates of every other state. 2851 Art. V. for the more convenient management of the general interests of the united 2852states, delegates shall be annually appointed in such manner as the legislature of each 2853state shall direct, to meet in Congress on the first Monday in November, in every year, 2854with a power reserved to each state, to recall its delegates, or any of them, at any time 2855within the year, and to send others in their stead, for the remainder of the year. 2856 No state shall be represented in Congress by less than two, nor by more than 2857seven Members; and no person shall be capable of being a delegate for more than three 2858years in any term of six years; nor shall any person, being, a delegate, be capable of 2859holding any office under the united states, for which he, or another for his benefit 2860receives any salary, fees or emolument of any kind. 2861 Each state shall maintain its own delegates in a meeting of the states, and while 2862they act as members of the committee of the states. 2863 In determining questions in the united sates, in Congress assembled, each state 2864shall have one vote. 2865 Freedom of speech and debate in Congress shall not be impeached or questioned 2866in any Court, or place out of Congress, and the members of congress shall be protected in

142 77 143

2867their persons from arrests and imprisonments, during the time of their going to and from, 2868and attendance on congress, except for treason, felony, or breach of the peace. 2869 Art. VI. No state without the Consent of the united states in congress assembled, 2870shall send any embassy to, or receive any embassy from, or enter into any conference, 2871agreement, or alliance or treaty with any King, prince or state; nor shall any person 2872holding any office of profit or trust under the united states, or any of them, accept of any 2873present, emolument, office or title of any kind whatever from any king, prince or foreign 2874state; nor shall the united states in congress assembled, or any of them, grant any title of 2875nobility. 2876 No two or more states shall enter into any treaty, confederation or alliance 2877whatever between them, without the consent of the united states in congress assembled, 2878specifying accurately the purposes for which the same is to be entered into, and how long 2879it shall continue. 2880 No state shall lay any imposts or duties, which may interfere with any stipulations 2881in treaties, entered into by the united states in congress assembled, with any king, prince 2882or state, in pursuance of any treaties already proposed by congress, to the courts of 2883France and Spain. 2884 No vessels of war shall be kept up in time of peace by any state, except such 2885number only, as shall be deemed necessary by the united states in congress assembled, 2886for the defense of such state, or its trade; nor shall any body of forces be kept up by any 2887state, in time of peace, except such number only; as in the judgment of the united states, 2888in congress assembled, shall be deemed requisite to garrison the forts necessary for the 2889defence of such state; but every state shall always keep up a well regulated and 2890disciplined militia, sufficiently armed and accoutered, and shall provide and constantly 2891have ready for use, in public stores, a due number of field pieces and tents, and a proper 2892quantity of arms, ammunition and camp equipage. 2893 No state shall engage in any war without the consent of the united states in 2894congress assembled, unless such state be actually invaded by enemies, or shall have 2895received certain advice of a resolution being formed by some nation of Indians to invade 2896such state, and the danger is so imminent as not to admit of a delay, till the united states 2897in congress assembled can be consulted: nor shall any state grant commissions to any 2898ships or vessels of war, nor letters of marque or reprisal, except it be after a declaration of 2899war by the united states in congress assembled, and then only against the kingdom or 2900state and the subjects thereof, against which war has been so declared, and under such 2901regulations as shall be established by the united states in congress assembled, unless such 2902state be infested by pirates, in which case vessels of war may be fitted out for that 2903occasion, and kept so long as the danger shall continue, or until the united states in 2904congress assembled shall determine otherwise. 2905 Art. VII. When land-forces are raised by any state for the common defence, all 2906officers of or under the rank of colonel, shall be appointed by the legislature of each state 2907respectively by whom such forces shall be raised, or in such manner as such state shall 2908direct, and all vacancies shall be filled up by the state which first made the appointment. 2909 Art. VIII. All charges of war, and all other expenses that shall be incurred for the 2910common defence or general welfare, and allowed by the united states in congress 2911assembled, shall be defrayed out of a common treasury, which shall be supplied by the 2912several states, in proportion to the value of all land within each state, granted to or

144 78 145

2913surveyed for any Person, as such land and the buildings and improvements thereon shall 2914from time to time direct and appoint. The taxes for paying that proportion shall be laid 2915and levied by the authority and direction of the legislatures of the several states within the 2916time agreed upon by the united states in congress assembled. 2917 Art. IX. The united states in congress assembled, shall have the sole and 2918exclusive right and power of determining on peace and war, except in the cases 2919mentioned in the sixth article-of sending and receiving ambassadors-entering into treaties 2920and alliances, provided that no treaty of commerce shall be made whereby the legislative 2921power of the respective states shall be restrained from imposing such imposts and duties 2922on foreigners, as their own people are subjected to, or from prohibiting the exportation 2923or importation of any species of goods or commodities whatsoever--of establishing rules 2924for deciding in all cases, what captures on land or water shall be legal, and in what 2925manner prizes take by land or naval forces in the service of the united states shall be 2926divided or appropriated.--of granting letters of marque and reprisal in times of peace- 2927appointing courts for the trial of piracies and felonies committed on the high seas and 2928establishing courts for receiving and determining finally appeals in all cases of captures, 2929provided that no member of congress shall be appointed a judge of any of the said courts. 2930 The united states in congress assembled shall also be the last resort on appeal in 2931all disputes and differences now subsisting or that hereafter may arise between two or 2932more states concerning boundary, jurisdiction nor any other cause whatever; which 2933authority shall always be exercised in the manner following. Whenever the legislative or 2934executive authority or lawful agent of any state in controversy with another shall present 2935a petition to congress, stating the matter in question and praying for a hearing, notice 2936thereof shall be given by order of congress to the legislative or executive authority of the 2937other state in controversy, and a day assigned for the appearance of the parties by their 2938lawful agents, who shall then be directed to appoint by joint consent, commissioners or 2939judges constitute a court for hearing and determining the matter in question: but if they 2940cannot agree, congress shal name three persons out of each of the united states, and from 2941the list of such persons each party shall alternately strike out one, the petitioners 2942beginning, until the number shall be reduced to thirteen; and from that number not less 2943than seven, nor more than nine names as congress shall direct, shall in the presence of 2944congress be drawn out by lot, and the persons whose names shall be so drawn or any five 2945of them, shall be commissioners or judges, to hear and finally determine the controversy, 2946so always as a major part of the judges who shall hear the cause shall agree in the 2947determination: and if either party shall neglect to attend at the day appointed, without 2948shewing reasons, which congress shall judge sufficient, or being present shall refuse to 2949strike, the congress shall proceed to nominate three persons out of each state, and the 2950secretary of congress shall strike in behalf of such party absent or refusing; and the 2951judgment and sentence of the court to be appointed, in the manner before prescribed, 2952shall be final and conclusive; and if any of the parties shall refuse to submit to the 2953authority of such court, or to appear to defend their claim or cause, the courts shall 2954nevertheless proceed to pronounce sentence, or judgment, which shall in like manner be 2955final and decisive, the judgment or sentence and other proceedings being in either case 2956transmitted to congress, and lodged among the acts of congress for the security of the 2957parties concerned: provided that every commissioner, before he sits in judgment, shall 2958take an oath to be administered by one of the judges of the supreme or superior court of

146 79 147

2959the state, where the cause shall be tried, "well and truly to hear and determine the matter 2960in question, according to the best of his judgment, without favour, affection or hope of 2961reward": provided also that no state shall be deprived of territory for the benefit of the 2962united states. 2963 All controversies concerning the private right of soil claimed under different 2964grants of two or more states, whose jurisdictions as they may respect such lands, and the 2965states which passed such grants are adjusted, the said grants or either of them being at the 2966same time claimed to have originated antecedent to such settlement of jurisdiction, shall 2967on the petition of either party to the congress of the united sates, be finally determined as 2968near as may be in the same manner as is before prescribed for deciding disputes 2969respecting territorial jurisdiction between different states. 2970 The united states in congress assembled shall also have the sole and exclusive 2971right and power of regulating the alloy and value of coin struck by their own authority, or 2972by that of the respective states--fixing the standard of weights and measures throughout 2973the united states--regulating the trade and managing all affairs with the Indians, not 2974members of any of the states, provided that the legislative right of any state within its 2975own limits be not infringed or violated--establishing and regulating post offices from one 2976state to another, throughout all the united states, and exacting such postage on the papers 2977passing thro' the same as may be requisite to defray the expences of the said office-- 2978appointing all officers of the land forces, in the service of the united states, excepting 2979regimental officers-appointing all the officers of the naval forces, and commissioning all 2980officers whatever in the service of the united states--making rules for the government and 2981regulation of the said land and naval forces, and directing their operations. 2982 The united states in congress assembled shall have authority to appoint a 2983committee, to sit in the recess of congress, to be denominated "A Committee of the 2984States," and to consist of one delegate from each state; and to appoint such other 2985committees and civil officers as may be necessary for managing the general affairs of the 2986united states under their direction--to appoint one of their number to preside, provided 2987that no person be allowed to serve in the office of president more than one year in any 2988term of three years; to ascertain the necessary sums of Money to be raised for the service 2989of the united states, and to appropriate and apply the same for defraying the public 2990expenses--to borrow money, or emit bills on the credit of the united states, transmitting 2991every half year to the respective states an account of the sums of money so borrowed or 2992emitted,--to build and equip a navy--to agree upon the number of land forces, and to 2993make requisitions from each state for its quota, in proportion to the number of white 2994inhabitants in such state; which requisition shall be binding, and thereupon the legislature 2995of each state shall appoint the regimental officers, raise the men and cloath, arm and 2996equip them in a soldier like manner, at the expense of the united states, and the officers 2997and men so cloathed, armed and equipped shall march to the place appointed, and within 2998the time agreed on by the united states in congress assembled shall, on consideration of 2999circumstances judge proper that any state should not raise men, or should raise a smaller 3000number than its quota, and that any other state should raise a greater number of men than 3001the quota thereof, such extra number shall be raised, officered, cloathed, armed and 3002equipped in the same manner as the quota of such state, unless the legislature of such 3003state shall judge that such extra number cannot be safely spared out of the same, in which 3004case they shall raise officer, cloath, arm and equip as many of such extra number as they

148 80 149

3005judge can be safely spared. And the officers and men so cloathed, armed and equipped, 3006shall march to the place appointed, and within the time agreed on by the united states in 3007congress assembled. 3008 The united states in congress assembled shall never engage in a war, nor grant 3009letters of marque and reprisal in time of peace, nor enter into any treaties or alliances, nor 3010coin money, nor regulate the value thereof, nor ascertain the sums and expences 3011necessary for the defence and welfare of the united states, or any of them, nor emit bills, 3012nor borrow money on the credit of the united states, nor appropriate money, nor agree 3013upon the number of vessels of war, to be built or purchased, or the number of land or sea 3014forces to be raised, nor appoint a commander in chief of the army or navy, unless nine 3015states assent to the same: nor shall a question on any other point, except for adjourning 3016from day to day be determined, unless by the votes of a majority of the united states in 3017congress assembled. 3018 The congress of the united states shall have power to adjourn to any time within 3019the year, and to any place within the united states, so that no period of adjournment be for 3020a longer duration than the space of six Months, and shall publish the Journal of their 3021proceedings monthly, except such parts thereof relating to treaties, alliances or military 3022operations as in their judgment require secresy; and the yeas and nays of the delegates of 3023each state on any question shall be entered on the Journal, when it is desired by any 3024delegate; and the delegates of a state, or any of them, at his or their request shall be 3025furnished with a transcript of he said Journal, except such parts as are above excepted, to 3026lay before the legislatures of the several states. 3027 Art. X. The committee of the states, or any nine of them, shall be authorized to 3028execute, in the recess of congress, such of the powers of congress as the united states in 3029congress assembled, by the consent of nine states, shall from time to time think expedient 3030to vest them with; provided that no power be delegated to the said committee, for the 3031exercise of which, by the articles of confederation, the voice of nine states in the congress 3032of the united states assembled is requisite. 3033 Art. XI. Canada acceding to this confederation, and joining in the measures of the 3034united states, shall be admitted into, and entitled to all the advantages of this union: but 3035no other colony shall be admitted into the same, unless such admission be agreed to by 3036nine states. 3037 Art. XII. All bills of credit emitted, monies borrowed and debts contracted by, or 3038under the authority of congress, before the assembling of the united states, in pursuance 3039of the present confederation, shall be deemed and considered as a charge against the 3040united states, for payment and satisfaction whereof the said united states, and the public 3041faith are hereby solemnly pledged. 3042 Art. XIII. Every state shall abide by the determinations of the united states in 3043congress assembled, on all questions which by this confederation are submitted to them. 3044And the Articles of this confederation shall be inviolably observed by every state, and the 3045union shall be perpetual; nor shall any alteration at any time hereafter be made in any of 3046them; unless such alteration be agreed to in a congress of the united sates, and be 3047afterwards confirmed by the legislatures of every state. 3048 AND WHEREAS it hath pleased the Great Governor of the World to incline the 3049hearts of the legislatures we respectively represent in congress, to approve of, and to 3050authorize us to ratify the said articles of confederation and perpetual union. KNOW YE

150 81 151

3051that we the under-signed delegates, by virtue of the power and authority to us given for 3052that purpose, do by these presents, in the name and in behalf of our respective 3053constituents, fully and entirely ratify and confirm each and every of the said articles of 3054confederation and perpetual union, and all and singular the matters and things therein 3055contained: And we do further solemnly plight and engage the faith of our respective 3056constituents, that they shall abide by the determinations of the united states in congress 3057assembled, on all questions, which by the said confederation are submitted to them. And 3058that the articles thereof shall be inviolably observed by the states we respectively 3059represent, and that the union shall be perpetual. In Witness whereof we have here-unto 3060set our hands in Congress. Done at Philadelphia in the state of Pennsylvania the ninth 3061Day of July in the Year of our Lord one Thousand seven Hundred and Seventy-eight, and 3062in the third year of the independence of America.

152 82 153

3063 republican ideology: 3064 3065A social and political utopian movement affecting the very character of American 3066society, based on the literary legacy of the Roman world and seventeenth century 3067Commonwealth Whig political philosophy which greatly feared the power (and standing 3068armies) of a strong executive, held that the ancient republics represented the perfect 3069government, and was prone to believe in the existence of conspiracies against the people, 3070the central tenets of republicanism were that vice, passion and corruption posed the 3071greatest threats to society and good government, and that the patriotism, frugality, 3072industry, virtue, temperance, egalitarianism and simplicity of the yeoman farmer were the 3073best counters to these threats. A movement which involved a reordering of eighteenth- 3074century society and politics, the essence of republicanism was that citizens ought to 3075exemplify the spirit of “public virtue,” that is, to sacrifice their individual interests (even 3076their lives) for the greater good of the whole of society. The exclusive end of republican 3077government, it was thought, ought to be ensuring the public good, the people’s welfare. 3078 3079REPUBLICAN IDEOLOGY—KEY POINTS: 3080 3081 -- Power (and thus strong central government) is dangerous 3082 -- Liberty is based on independence 3083 3084 -- Independence is based on property 3085 -- Actual representation 3086 3087 -- “natural aristocracy” will lead 3088 -- public honor (virtue); private virtue (selfless service) 3089 3090 -- virtue is naturally attacked by corruption 3091 -- political parties are a source of corruption 3092 3093 --conspiracy / paranoia 3094 3095 -- the “people” can do no wrong 3096 --Government could rule effectively only over small areas 3097 3098 --Distance --> corruption 3099 --Leads to thinking in terms of states 3100 3101 --Distrust of courts and the executive

154 83 155

3102Lesson 11: "Ratifying the Constitution" 3103 3104Assignment: 3105 3106Visions: 141-157 3107Document 16: Extract from Baron de Montesquieu’s The Spirit of the Laws 3108Document 17: Excerpts from the 1787 Federalist Paper Number Ten, by James Madison 3109Document 18: The Constitution, Bill of Rights (First Ten Amendments), and Civil War 3110 Era Amendments (13th, 14th, and 15th Amendments)(Study only the Constitution 3111 and Bill of Rights for this lesson.) 3112 3113 3114Learning Objectives: 3115 31161. Explain the shortcomings of the national government under the Articles of 3117Confederation that led to the Constitutional Convention. 3118 3119______3120 3121______3122 3123______3124 3125______3126 3127______3128 3129______

3130______3131 3132______

31332. Analyze the arguments for and against ratification of the Constitution and the Bill of 3134Rights. 3135______3136 3137______3138 3139______3140 3141______3142 3143 3144______3145 3146______

156 84 157

3147______3148 3149______

31503. Analyze both Montesquieu’s (see Document 16) and Madison’s (See Federalist 3151Number 10) arguments about what the proper size of a republic ought to be. Who has the 3152better argument? Why? 3153 3154______3155 3156______3157 3158______3159 3160______3161 3162______3163 3164______3165 31664. Explain the powers and responsibilities of the federal government and of the 3167individual states under the Constitution. 3168 3169______3170 3171______3172 3173______3174 3175______3176 3177______3178 3179______

31805. Define the Constitution’s original position on slavery and explain the rationale for this 3181position. 3182______3183 3184______3185 3186______3187 3188______3189 3190______3191

158 85 159

3192______

3193Document 16: Extract from Baron de Montesquieu’s 1748 The Spirit of the Laws 3194(part sixteen of Book 8): 3195 3196 Distinctive Properties of a Republic 3197 3198 It is natural for a republic to have only a small territory; otherwise it cannot long 3199subsist. In an extensive republic there are men of large fortunes, and consequently of less 3200moderation; there are trusts to considerable to be placed in any single subject; he has 3201interests of his own; he soon begins to think that he may be happy and glorious, by 3202oppressing his fellow-citizens; and that he may raise himself to grandeur on the ruins of 3203his country. 3204 3205 In an extensive republic the public good is sacrificed to a thousand private views; 3206it is subordinate to exceptions, and depends on accidents. In a small one, the interest of 3207the public is more obvious, better understood, and more within the reach of every citizen; 3208abuses have less extent, and, of course, are less protected. 3209 3210 The long duration of the republic of Sparta was owing to her having continued in 3211the same extent of territory after all her wars. The sole aim of Sparta was liberty; and the 3212sole advantage of her liberty, glory. 3213 3214 It was the spirit of the Greek republics to be as contented with their territories as 3215with their laws. Athens was first fired with ambition and gave it to Lacedaemon; but it 3216was an ambition rather of commanding a free people than of governing slaves; rather of 3217directing than of breaking the union. All was lost upon the starting up of monarchy--a 3218government whose spirit is more turned to increase of dominion. 3219

160 86 161

3220 3221Document 17: Excerpts from the 1787 Federalist Paper Number Ten, by James Madison 3222 3223Among the numerous advantages promised by a well-constructed Union, none deserves 3224to be more accurately developed than its tendency to break and control the violence of 3225faction. The friend of popular governments never finds himself so much alarmed for their 3226character and fate as when he contemplates their propensity to this dangerous vice. He 3227will not fail, therefore, to set a due value on any plan which, without violating the 3228principles to which he is attached, provides a proper cure for it. . . . 3229 3230By a faction I understand a number of citizens, whether amounting to a majority or 3231minority of the whole, who are united and actuated by some common impulse of passion, 3232or of interest adverse to the rights of other citizens, or to the permanent and aggregate 3233interests of the community. 3234 3235There are two methods of curing the mischiefs of faction: the one, by removing its 3236causes; the other, by controlling its effects. 3237 3238There are again two methods of removing the causes of faction: the one, by destroying 3239the liberty, which is essential to its existence; the other, by giving to every citizen the 3240same opinions, the same passions, and the same interests. 3241 3242It could never be more truly said than of the first remedy that it was worse than the 3243disease. Liberty is to faction what air is to fire, an element without which it instantly 3244expires. But it could not be a less folly to abolish liberty, which is essential to political 3245life, because it nourishes faction than it would be to wish the annihilation of air, which is 3246essential to animal life, because it imparts to fire its destructive agency. 3247 3248The second expedient is as impracticable as the first would be unwise. As long as the 3249reason of man continues fallible, and he is at liberty to exercise it, different opinions will 3250be formed. As long as the connection subsists between his reason and his self-love, his 3251opinions and his passions will have a reciprocal influence on each other. The diversity of 3252the faculties of men from which the rights of property originate is not less an insuperable 3253obstacle to a uniformity of interests. The protection of these faculties is the first object of 3254government. From the protection of different and unequal faculties of acquiring property, 3255the possession of different degrees and kinds of property results; and from the interest of 3256these on the sentiments and views of the respective proprietors ensues a division of the 3257society into different interests and parties. 3258 3259The latent causes of faction are thus sown in the nature of man; and we see them 3260everywhere brought into different degrees of activity according to the different 3261circumstances of civil society. A zeal for different opinions concerning religion, 3262concerning government, and many other points, as well of speculation as of practice; an 3263attachment to different leaders ambitiously contending for preeminence and power; or to 3264persons of other descriptions whose fortunes have been interesting to the human passions, 3265have, in turn, divided mankind into parties, inflamed them with mutual animosity, and

162 87 163

3266rendered them much more disposed to vex and oppress each other than to co-operate for 3267their common good. So strong is this propensity of mankind to fall into mutual 3268animosities that where no substantial occasion presents itself the most frivolous and 3269fanciful distinctions have been sufficient to kindle their unfriendly passions and excite 3270their most violent conflicts. But the most common and durable source of factions has 3271been the various and unequal distribution of property. 3272 3273Those who hold and those who are without property have ever formed distinct interests in 3274society. Those who are creditors, and those who are debtors, fall under a like 3275discrimination. A landed interest, a manufacturing interest, a mercantile interest, a 3276moneyed interest, with many lesser interests, grow up of necessity in civilized nations, 3277and divide them into different classes, actuated by different sentiments and views. The 3278regulation of these various and interfering interests forms the principal tasks of modern 3279legislation and involves the spirit of party and faction in the necessary and ordinary 3280operations of the government. . . . 3281 3282It is in vain to say that enlightened statesmen will be able to adjust these clashing 3283interests and render them all subservient to the public good. Enlightened statesmen will 3284not always be at the helm. Nor, in many cases, can such an adjustment be made at all 3285without taking into view indirect and remote considerations, which will rarely prevail 3286over immediate interest. The inference to which we are brought is that the causes of 3287faction cannot be removed and that relief is only to be sought in the means of controlling 3288the effects. 3289 3290The inference to which we are brought is that the causes of faction cannot be removed 3291and that relief is only to be sought in the means of controlling its effects. 3292 3293If a faction consists of less than a majority, relief is supplied by the republican principle, 3294which enables the majority to defeat its sinister views by regular vote. It may clog the 3295administration, it may convulse the society, but it will be unable to execute and mask its 3296violence under the forms of the Constitution. When a majority is included in a faction, 3297the form of popular government on the other hand enables it to sacrifice to its ruling 3298passion or interest both the public good and the rights of other citizens. To secure the 3299public good and private rights against the danger of such a faction, and at the same time 3300to preserve the spirit and the form of popular government, is then the great object to 3301which our inquiries are directed. . . . 3302 3303By what means is this object attainable? Evidently by one of two only. Either the 3304existence of the same passion or interest in a majority at the same time must be 3305prevented, or the majority, having such coexistent passion o interest, must be rendered, 3306by their number and local situation, unable to concert and carry into effect schemes of 3307oppression. . . . 3308 3309From this view of the subject, it may be concluded that a pure democracy, by which I 3310mean a society consisting of a small number of citizens, who assemble and administer the 3311government in person can admit of no cure for the mischiefs of faction. A common

164 88 165

3312passion or interest will, in almost every case, be felt by a majority of the whole; and there 3313is nothing to check the inducements to sacrifice the weaker party or an obnoxious 3314individual. Hence it is that such democracies have ever been spectacles of turbulence and 3315contention; have ever been found incompatible with personal security or the rights of 3316property; and have in general been as short in their lives as they have been violent in their 3317deaths. Theoretic politicians, who have patronized this species of government, have 3318erroneously supposed that by reducing mankind to perfect equality in their political 3319rights, they would, at the same time, be perfectly equalized and assimilated in their 3320possessions, their opinions, and their passions. 3321 3322A republic, by which I mean a government in which the scheme of representation takes 3323place, opens a different prospect and promises the cure for which we are seeking. Let us 3324examine the points in which it varies from pure democracy, and we shall comprehend 3325both the nature of the cure and the efficacy which it must derive from the Union. 3326 3327The two great points of difference between a democracy and a republic are: first, the 3328delegation of the government, in the latter, to a small number of citizens elected by the 3329rest; secondly, the greater number of citizens and greater sphere of country over which 3330the latter may be extended. 3331 3332The effect of the first difference is, on the one hand, to refine and enlarge the public 3333views by passing them through the medium of a chosen body of citizens, whose wisdom 3334may best discern the true interest of their country and whose patriotism and love of 3335justice will be least likely to sacrifice it to temporary or partial considerations. Under 3336such a regulation it may well happen that the public voice pronounced by the 3337representatives of the people will be more consonant to the public good than if 3338pronounced by the people themselves. On the other hand, the effect may be inverted. 3339Men of factious tempers, of local prejudices, or of sinister designs, may by intrigue, by 3340corruption, or by other means, first obtain suffrages and then betray the interests of the 3341people. The question resulting is, whether small or extensive republics are more 3342favorable to the election of proper guardians of the public weal; and it is clearly decided 3343in favor of the latter by two obvious considerations. 3344 3345In the first place it is to be remarked that however small the republic may be the 3346representatives must be raised to a certain number in order to guard against the cabals of 3347a few; and that however large it may be they must be limited to a certain number in order 3348to guard against the confusion of a multitude. . . . 3349 3350In the next place, as each representative will be chosen by a greater number of citizens in 3351the large than in the small republic, it will be more difficult for unworthy candidates to 3352practice with success the vicious arts by which elections are too often carried; and the 3353suffrages of the people being more free, will be more likely to center on men who possess 3354the most attractive merit and the most diffusive and established characters. 3355 3356It must be confessed that in this, as in most other cases, there is a mean, on both sides of 3357which inconveniences will be found to lie. By enlarging too much the number of

166 89 167

3358electors, you render the representative too little acquainted with all their local 3359circumstances and lesser interests; as by reducing it too much, you render him unduly 3360attached to these and too little to comprehend and pursue great and national objects. The 3361federal Constitution forms a happy combination in this respect: the great and aggregate 3362interests being referred to the national, the local and particular to the state legislatures. 3363 3364The other point of difference is the greater number of citizens and extent of territory 3365which may be brought within the compass of republican than of democratic government; 3366and it is this circumstance principally which renders factious combinations less to be 3367dreaded in the former than in the latter. The smaller the society, the fewer probably will 3368be the distinct parties and interests composing it; the fewer the distinct parties and 3369interests, the more frequently will a majority be found of the same party; and the smaller 3370the number of individuals composing a majority, and the smaller the compass within 3371which they are placed, the more easily will they concert and execute their plans of 3372oppression. Extend the sphere and you take in a greater variety of parties and interests; 3373you make it less probable that a majority of the whole will have a common motive to 3374invade the rights of other citizens; or if such a common motive exists, it will be more 3375difficult for all who feel it to discover their own strength and to act in unison with each 3376other. Besides other impediments, it may be remarked that, where there is a 3377consciousness of unjust or dishonorable purposes, communication is always checked by 3378distrust in proportion to the number whose concurrence is necessary. 3379 3380Hence, it clearly appears that the same advantage which a republic has over a democracy, 3381in controlling the effects of faction, is enjoyed by a large over a small republic—is 3382enjoyed by the Union over the states composing it. Does the advantage consist in the 3383substitution of representatives whose enlightened views and virtuous sentiments render 3384them superior to local prejudices and to schemes of injustice? It will not be denied that 3385the representation of the United States will be most likely to possess these requisite 3386endowments. Does it consist in the greater security afforded by a greater variety of 3387parties, against the event of any one particular party being able to outnumber and oppress 3388the rest? In an equal degree does the increased variety of the parties comprised within the 3389Union increase the security? Does it, in fine, consist in the greater obstacles opposed to 3390the concert and accomplishment of the secret wishes of an unjust and interested majority? 3391Here, again, the extent of the Union gives it the most palpable advantage. 3392 3393The influence of factious leaders may kindle a flame within their particular States but will 3394be unable to spread a general conflagration through the other States. A religious sect may 3395degenerate into a political faction in apart of the Confederacy; but the variety of sects 3396dispersed over the entire face of it must secure the national councils against any danger 3397from that source. A rage for paper money, for an abolition of debts, for an equal division 3398of property, or for any other improper or wicked project, will be less apt to pervade the 3399whole body of the Union than a particular member of it, in the same proportion as such a 3400malady is more likely to taint a particular county or district than an entire State. 3401 3402In the extent and proper structure of the Union, therefore, we behold a republican remedy 3403for the diseases most incident to republican government. And according to the degree of

168 90 169

3404pleasure and pride we feel in being republicans, ought to be our zeal in cherishing the 3405spirit and supporting the character of the Federalists. 3406 3407

170 91 171

3408Document 18: The Constitution, Bill of Rights (First Ten Amendments) and the 3409Civil War Era Amendments (13th, 14th, and 15th Amendments) 3410 3411We the people of the United States, in order to form a more perfect union, establish 3412justice, insure domestic tranquility, provide for the common defense, promote the general 3413welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and 3414establish this Constitution for the United States of America. 3415Article I 3416 3417Section 1. 3418All legislative powers herein granted shall be vested in a Congress of the United States, 3419which shall consist of a Senate and House of Representatives. 3420Section 2. 3421The House of Representatives shall be composed of members chosen every second year 3422by the people of the several states, and the electors in each state shall have the 3423qualifications requisite for electors of the most numerous branch of the state legislature. 3424No person shall be a Representative who shall not have attained to the age of twenty five 3425years, and been seven years a citizen of the United States, and who shall not, when 3426elected, be an inhabitant of that state in which he shall be chosen. 3427Representatives and direct taxes shall be apportioned among the several states which may 3428be included within this union, according to their respective numbers, which shall be 3429determined by adding to the whole number of free persons, including those bound to 3430service for a term of years, and excluding Indians not taxed, three fifths of all other 3431Persons. The actual Enumeration shall be made within three years after the first meeting 3432of the Congress of the United States, and within every subsequent term of ten years, in 3433such manner as they shall by law direct. The number of Representatives shall not exceed 3434one for every thirty thousand, but each state shall have at least one Representative; and 3435until such enumeration shall be made, the state of New Hampshire shall be entitled to 3436chuse three, Massachusetts eight, Rhode Island and Providence Plantations one, 3437Connecticut five, New York six, New Jersey four, Pennsylvania eight, Delaware one, 3438Maryland six, Virginia ten, North Carolina five, South Carolina five, and Georgia three. 3439When vacancies happen in the Representation from any state, the executive authority 3440thereof shall issue writs of election to fill such vacancies. 3441The House of Representatives shall choose their speaker and other officers; and shall 3442have the sole power of impeachment. 3443Section 3. 3444The Senate of the United States shall be composed of two Senators from each state, 3445chosen by the legislature thereof, for six years; and each Senator shall have one vote. 3446Immediately after they shall be assembled in consequence of the first election, they shall 3447be divided as equally as may be into three classes. The seats of the Senators of the first 3448class shall be vacated at the expiration of the second year, of the second class at the 3449expiration of the fourth year, and the third class at the expiration of the sixth year, so that 3450one third may be chosen every second year; and if vacancies happen by resignation, or

172 92 173

3451otherwise, during the recess of the legislature of any state, the executive thereof may 3452make temporary appointments until the next meeting of the legislature, which shall then 3453fill such vacancies. 3454No person shall be a Senator who shall not have attained to the age of thirty years, and 3455been nine years a citizen of the United States and who shall not, when elected, be an 3456inhabitant of that state for which he shall be chosen. 3457The Vice President of the United States shall be President of the Senate, but shall have no 3458vote, unless they be equally divided. 3459The Senate shall choose their other officers, and also a President pro tempore, in the 3460absence of the Vice President, or when he shall exercise the office of President of the 3461United States. 3462The Senate shall have the sole power to try all impeachments. When sitting for that 3463purpose, they shall be on oath or affirmation. When the President of the United States is 3464tried, the Chief Justice shall preside: And no person shall be convicted without the 3465concurrence of two thirds of the members present. 3466Judgment in cases of impeachment shall not extend further than to removal from office, 3467and disqualification to hold and enjoy any office of honor, trust or profit under the United 3468States: but the party convicted shall nevertheless be liable and subject to indictment, trial, 3469judgment and punishment, according to law. 3470Section 4. 3471The times, places and manner of holding elections for Senators and Representatives, shall 3472be prescribed in each state by the legislature thereof; but the Congress may at any time by 3473law make or alter such regulations, except as to the places of choosing Senators. 3474The Congress shall assemble at least once in every year, and such meeting shall be on the 3475first Monday in December, unless they shall by law appoint a different day. 3476Section 5. 3477Each House shall be the judge of the elections, returns and qualifications of its own 3478members, and a majority of each shall constitute a quorum to do business; but a smaller 3479number may adjourn from day to day, and may be authorized to compel the attendance of 3480absent members, in such manner, and under such penalties as each House may provide. 3481Each House may determine the rules of its proceedings, punish its members for 3482disorderly behavior, and, with the concurrence of two thirds, expel a member. 3483Each House shall keep a journal of its proceedings, and from time to time publish the 3484same, excepting such parts as may in their judgment require secrecy; and the yeas and 3485nays of the members of either House on any question shall, at the desire of one fifth of 3486those present, be entered on the journal. 3487Neither House, during the session of Congress, shall, without the consent of the other, 3488adjourn for more than three days, nor to any other place than that in which the two 3489Houses shall be sitting.

174 93 175

3490Section 6. 3491The Senators and Representatives shall receive a compensation for their services, to be 3492ascertained by law, and paid out of the treasury of the United States. They shall in all 3493cases, except treason, felony and breach of the peace, be privileged from arrest during 3494their attendance at the session of their respective Houses, and in going to and returning 3495from the same; and for any speech or debate in either House, they shall not be questioned 3496in any other place. 3497No Senator or Representative shall, during the time for which he was elected, be 3498appointed to any civil office under the authority of the United States, which shall have 3499been created, or the emoluments whereof shall have been increased during such time: and 3500no person holding any office under the United States, shall be a member of either House 3501during his continuance in office. 3502Section 7. 3503All bills for raising revenue shall originate in the House of Representatives; but the 3504Senate may propose or concur with amendments as on other Bills. 3505Every bill which shall have passed the House of Representatives and the Senate, shall, 3506before it become a law, be presented to the President of the United States; if he approve 3507he shall sign it, but if not he shall return it, with his objections to that House in which it 3508shall have originated, who shall enter the objections at large on their journal, and proceed 3509to reconsider it. If after such reconsideration two thirds of that House shall agree to pass 3510the bill, it shall be sent, together with the objections, to the other House, by which it shall 3511likewise be reconsidered, and if approved by two thirds of that House, it shall become a 3512law. But in all such cases the votes of both Houses shall be determined by yeas and nays, 3513and the names of the persons voting for and against the bill shall be entered on the journal 3514of each House respectively. If any bill shall not be returned by the President within ten 3515days (Sundays excepted) after it shall have been presented to him, the same shall be a 3516law, in like manner as if he had signed it, unless the Congress by their adjournment 3517prevent its return, in which case it shall not be a law. 3518Every order, resolution, or vote to which the concurrence of the Senate and House of 3519Representatives may be necessary (except on a question of adjournment) shall be 3520presented to the President of the United States; and before the same shall take effect, shall 3521be approved by him, or being disapproved by him, shall be repassed by two thirds of the 3522Senate and House of Representatives, according to the rules and limitations prescribed in 3523the case of a bill. 3524Section 8. 3525The Congress shall have power to lay and collect taxes, duties, imposts and excises, to 3526pay the debts and provide for the common defense and general welfare of the United 3527States; but all duties, imposts and excises shall be uniform throughout the United States; 3528To borrow money on the credit of the United States; 3529To regulate commerce with foreign nations, and among the several states, and with the 3530Indian tribes;

176 94 177

3531To establish a uniform rule of naturalization, and uniform laws on the subject of 3532bankruptcies throughout the United States; 3533To coin money, regulate the value thereof, and of foreign coin, and fix the standard of 3534weights and measures; 3535To provide for the punishment of counterfeiting the securities and current coin of the 3536United States; 3537To establish post offices and post roads; 3538To promote the progress of science and useful arts, by securing for limited times to 3539authors and inventors the exclusive right to their respective writings and discoveries; 3540To constitute tribunals inferior to the Supreme Court; 3541To define and punish piracies and felonies committed on the high seas, and offenses 3542against the law of nations; 3543To declare war, grant letters of marque and reprisal, and make rules concerning captures 3544on land and water; 3545To raise and support armies, but no appropriation of money to that use shall be for a 3546longer term than two years; 3547To provide and maintain a navy; 3548To make rules for the government and regulation of the land and naval forces; 3549To provide for calling forth the militia to execute the laws of the union, suppress 3550insurrections and repel invasions; 3551To provide for organizing, arming, and disciplining, the militia, and for governing such 3552part of them as may be employed in the service of the United States, reserving to the 3553states respectively, the appointment of the officers, and the authority of training the 3554militia according to the discipline prescribed by Congress; 3555To exercise exclusive legislation in all cases whatsoever, over such District (not 3556exceeding ten miles square) as may, by cession of particular states, and the acceptance of 3557Congress, become the seat of the government of the United States, and to exercise like 3558authority over all places purchased by the consent of the legislature of the state in which 3559the same shall be, for the erection of forts, magazines, arsenals, dockyards, and other 3560needful buildings;--And 3561To make all laws which shall be necessary and proper for carrying into execution the 3562foregoing powers, and all other powers vested by this Constitution in the government of 3563the United States, or in any department or officer thereof. 3564Section 9. 3565The migration or importation of such persons as any of the states now existing shall think 3566proper to admit, shall not be prohibited by the Congress prior to the year one thousand

178 95 179

3567eight hundred and eight, but a tax or duty may be imposed on such importation, not 3568exceeding ten dollars for each person. 3569The privilege of the writ of habeas corpus shall not be suspended, unless when in cases of 3570rebellion or invasion the public safety may require it. 3571No bill of attainder or ex post facto Law shall be passed. 3572No capitation, or other direct, tax shall be laid, unless in proportion to the census or 3573enumeration herein before directed to be taken. 3574No tax or duty shall be laid on articles exported from any state. 3575No preference shall be given by any regulation of commerce or revenue to the ports of 3576one state over those of another: nor shall vessels bound to, or from, one state, be obliged 3577to enter, clear or pay duties in another. 3578No money shall be drawn from the treasury, but in consequence of appropriations made 3579by law; and a regular statement and account of receipts and expenditures of all public 3580money shall be published from time to time. 3581No title of nobility shall be granted by the United States: and no person holding any 3582office of profit or trust under them, shall, without the consent of the Congress, accept of 3583any present, emolument, office, or title, of any kind whatever, from any king, prince, or 3584foreign state. 3585Section 10. 3586No state shall enter into any treaty, alliance, or confederation; grant letters of marque and 3587reprisal; coin money; emit bills of credit; make anything but gold and silver coin a tender 3588in payment of debts; pass any bill of attainder, ex post facto law, or law impairing the 3589obligation of contracts, or grant any title of nobility. 3590No state shall, without the consent of the Congress, lay any imposts or duties on imports 3591or exports, except what may be absolutely necessary for executing it's inspection laws: 3592and the net produce of all duties and imposts, laid by any state on imports or exports, 3593shall be for the use of the treasury of the United States; and all such laws shall be subject 3594to the revision and control of the Congress. 3595No state shall, without the consent of Congress, lay any duty of tonnage, keep troops, or 3596ships of war in time of peace, enter into any agreement or compact with another state, or 3597with a foreign power, or engage in war, unless actually invaded, or in such imminent 3598danger as will not admit of delay. 3599Article II 3600Section 1. 3601The executive power shall be vested in a President of the United States of America. He 3602shall hold his office during the term of four years, and, together with the Vice President, 3603chosen for the same term, be elected, as follows: 3604Each state shall appoint, in such manner as the Legislature thereof may direct, a number 3605of electors, equal to the whole number of Senators and Representatives to which the State

180 96 181

3606may be entitled in the Congress: but no Senator or Representative, or person holding an 3607office of trust or profit under the United States, shall be appointed an elector. 3608The electors shall meet in their respective states, and vote by ballot for two persons, of 3609whom one at least shall not be an inhabitant of the same state with themselves. And they 3610shall make a list of all the persons voted for, and of the number of votes for each; which 3611list they shall sign and certify, and transmit sealed to the seat of the government of the 3612United States, directed to the President of the Senate. The President of the Senate shall, in 3613the presence of the Senate and House of Representatives, open all the certificates, and the 3614votes shall then be counted. The person having the greatest number of votes shall be the 3615President, if such number be a majority of the whole number of electors appointed; and if 3616there be more than one who have such majority, and have an equal number of votes, then 3617the House of Representatives shall immediately choose by ballot one of them for 3618President; and if no person have a majority, then from the five highest on the list the said 3619House shall in like manner choose the President. But in choosing the President, the votes 3620shall be taken by States, the representation from each state having one vote; A quorum 3621for this purpose shall consist of a member or members from two thirds of the states, and a 3622majority of all the states shall be necessary to a choice. In every case, after the choice of 3623the President, the person having the greatest number of votes of the electors shall be the 3624Vice President. But if there should remain two or more who have equal votes, the Senate 3625shall choose from them by ballot the Vice President. 3626The Congress may determine the time of choosing the electors, and the day on which 3627they shall give their votes; which day shall be the same throughout the United States. 3628No person except a natural born citizen, or a citizen of the United States, at the time of 3629the adoption of this Constitution, shall be eligible to the office of President; neither shall 3630any person be eligible to that office who shall not have attained to the age of thirty five 3631years, and been fourteen Years a resident within the United States. 3632In case of the removal of the President from office, or of his death, resignation, or 3633inability to discharge the powers and duties of the said office, the same shall devolve on 3634the Vice President, and the Congress may by law provide for the case of removal, death, 3635resignation or inability, both of the President and Vice President, declaring what officer 3636shall then act as President, and such officer shall act accordingly, until the disability be 3637removed, or a President shall be elected. 3638The President shall, at stated times, receive for his services, a compensation, which shall 3639neither be increased nor diminished during the period for which he shall have been 3640elected, and he shall not receive within that period any other emolument from the United 3641States, or any of them. 3642Before he enter on the execution of his office, he shall take the following oath or 3643affirmation:--"I do solemnly swear (or affirm) that I will faithfully execute the office of 3644President of the United States, and will to the best of my ability, preserve, protect and 3645defend the Constitution of the United States."

182 97 183

3646Section 2. 3647The President shall be commander in chief of the Army and Navy of the United States, 3648and of the militia of the several states, when called into the actual service of the United 3649States; he may require the opinion, in writing, of the principal officer in each of the 3650executive departments, upon any subject relating to the duties of their respective offices, 3651and he shall have power to grant reprieves and pardons for offenses against the United 3652States, except in cases of impeachment. 3653He shall have power, by and with the advice and consent of the Senate, to make treaties, 3654provided two thirds of the Senators present concur; and he shall nominate, and by and 3655with the advice and consent of the Senate, shall appoint ambassadors, other public 3656ministers and consuls, judges of the Supreme Court, and all other officers of the United 3657States, whose appointments are not herein otherwise provided for, and which shall be 3658established by law: but the Congress may by law vest the appointment of such inferior 3659officers, as they think proper, in the President alone, in the courts of law, or in the heads 3660of departments. 3661The President shall have power to fill up all vacancies that may happen during the recess 3662of the Senate, by granting commissions which shall expire at the end of their next 3663session. 3664Section 3. 3665He shall from time to time give to the Congress information of the state of the union, and 3666recommend to their consideration such measures as he shall judge necessary and 3667expedient; he may, on extraordinary occasions, convene both Houses, or either of them, 3668and in case of disagreement between them, with respect to the time of adjournment, he 3669may adjourn them to such time as he shall think proper; he shall receive ambassadors and 3670other public ministers; he shall take care that the laws be faithfully executed, and shall 3671commission all the officers of the United States. 3672Section 4. 3673The President, Vice President and all civil officers of the United States, shall be removed 3674from office on impeachment for, and conviction of, treason, bribery, or other high crimes 3675and misdemeanors. 3676Article III 3677Section 1. 3678The judicial power of the United States, shall be vested in one Supreme Court, and in 3679such inferior courts as the Congress may from time to time ordain and establish. The 3680judges, both of the supreme and inferior courts, shall hold their offices during good 3681behaviour, and shall, at stated times, receive for their services, a compensation, which 3682shall not be diminished during their continuance in office. 3683Section 2. 3684The judicial power shall extend to all cases, in law and equity, arising under this 3685Constitution, the laws of the United States, and treaties made, or which shall be made, 3686under their authority;--to all cases affecting ambassadors, other public ministers and 3687consuls;--to all cases of admiralty and maritime jurisdiction;--to controversies to which 3688the United States shall be a party;--to controversies between two or more states;--between 3689a state and citizens of another state;-- between citizens of different states;--between

184 98 185

3690citizens of the same state claiming lands under grants of different states, and between a 3691state, or the citizens thereof, and foreign states, citizens or subjects. 3692In all cases affecting ambassadors, other public ministers and consuls, and those in which 3693a state shall be party, the Supreme Court shall have original jurisdiction. In all the other 3694cases before mentioned, the Supreme Court shall have appellate jurisdiction, both as to 3695law and fact, with such exceptions, and under such regulations as the Congress shall 3696make. 3697The trial of all crimes, except in cases of impeachment, shall be by jury; and such trial 3698shall be held in the state where the said crimes shall have been committed; but when not 3699committed within any state, the trial shall be at such place or places as the Congress may 3700by law have directed. 3701Section 3. 3702Treason against the United States, shall consist only in levying war against them, or in 3703adhering to their enemies, giving them aid and comfort. No person shall be convicted of 3704treason unless on the testimony of two witnesses to the same overt act, or on confession 3705in open court. 3706The Congress shall have power to declare the punishment of treason, but no attainder of 3707treason shall work corruption of blood, or forfeiture except during the life of the person 3708attainted. 3709Article IV 3710Section 1. 3711Full faith and credit shall be given in each state to the public acts, records, and judicial 3712proceedings of every other state. And the Congress may by general laws prescribe the 3713manner in which such acts, records, and proceedings shall be proved, and the effect 3714thereof. 3715Section 2. 3716The citizens of each state shall be entitled to all privileges and immunities of citizens in 3717the several states. 3718A person charged in any state with treason, felony, or other crime, who shall flee from 3719justice, and be found in another state, shall on demand of the executive authority of the 3720state from which he fled, be delivered up, to be removed to the state having jurisdiction 3721of the crime. 3722No person held to service or labor in one state, under the laws thereof, escaping into 3723another, shall, in consequence of any law or regulation therein, be discharged from such 3724service or labor, but shall be delivered up on claim of the party to whom such service or 3725labor may be due. 3726Section 3. 3727New states may be admitted by the Congress into this union; but no new states shall be 3728formed or erected within the jurisdiction of any other state; nor any state be formed by 3729the junction of two or more states, or parts of states, without the consent of the 3730legislatures of the states concerned as well as of the Congress.

186 99 187

3731The Congress shall have power to dispose of and make all needful rules and regulations 3732respecting the territory or other property belonging to the United States; and nothing in 3733this Constitution shall be so construed as to prejudice any claims of the United States, or 3734of any particular state. 3735Section 4. 3736The United States shall guarantee to every state in this union a republican form of 3737government, and shall protect each of them against invasion; and on application of the 3738legislature, or of the executive (when the legislature cannot be convened) against 3739domestic violence. 3740Article V 3741The Congress, whenever two thirds of both houses shall deem it necessary, shall propose 3742amendments to this Constitution, or, on the application of the legislatures of two thirds of 3743the several states, shall call a convention for proposing amendments, which, in either 3744case, shall be valid to all intents and purposes, as part of this Constitution, when ratified 3745by the legislatures of three fourths of the several states, or by conventions in three fourths 3746thereof, as the one or the other mode of ratification may be proposed by the Congress; 3747provided that no amendment which may be made prior to the year one thousand eight 3748hundred and eight shall in any manner affect the first and fourth clauses in the ninth 3749section of the first article; and that no state, without its consent, shall be deprived of its 3750equal suffrage in the Senate. 3751Article VI 3752All debts contracted and engagements entered into, before the adoption of this 3753Constitution, shall be as valid against the United States under this Constitution, as under 3754the Confederation. 3755This Constitution, and the laws of the United States which shall be made in pursuance 3756thereof; and all treaties made, or which shall be made, under the authority of the United 3757States, shall be the supreme law of the land; and the judges in every state shall be bound 3758thereby, anything in the Constitution or laws of any State to the contrary notwithstanding. 3759The Senators and Representatives before mentioned, and the members of the several state 3760legislatures, and all executive and judicial officers, both of the United States and of the 3761several states, shall be bound by oath or affirmation, to support this Constitution; but no 3762religious test shall ever be required as a qualification to any office or public trust under 3763the United States. 3764Article VII 3765The ratification of the conventions of nine states, shall be sufficient for the establishment 3766of this Constitution between the states so ratifying the same. 3767Done in convention by the unanimous consent of the states present the seventeenth day of 3768September in the year of our Lord one thousand seven hundred and eighty seven and of 3769the independence of the United States of America the twelfth. In witness whereof We 3770have hereunto subscribed our Names, 3771Amendments to the Constitution of the United States 3772

188 100 189

3773Amendment I (1791) 3774Congress shall make no law respecting an establishment of religion, or prohibiting the 3775free exercise thereof; or abridging the freedom of speech, or of the press; or the right of 3776the people peaceably to assemble, and to petition the government for a redress of 3777grievances. 3778Amendment II (1791) 3779A well regulated militia, being necessary to the security of a free state, the right of the 3780people to keep and bear arms, shall not be infringed. 3781Amendment III (1791) 3782No soldier shall, in time of peace be quartered in any house, without the consent of the 3783owner, nor in time of war, but in a manner to be prescribed by law. 3784Amendment IV (1791) 3785The right of the people to be secure in their persons, houses, papers, and effects, against 3786unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but 3787upon probable cause, supported by oath or affirmation, and particularly describing the 3788place to be searched, and the persons or things to be seized. 3789Amendment V (1791) 3790No person shall be held to answer for a capital, or otherwise infamous crime, unless on a 3791presentment or indictment of a grand jury, except in cases arising in the land or naval 3792forces, or in the militia, when in actual service in time of war or public danger; nor shall 3793any person be subject for the same offense to be twice put in jeopardy of life or limb; nor 3794shall be compelled in any criminal case to be a witness against himself, nor be deprived 3795of life, liberty, or property, without due process of law; nor shall private property be 3796taken for public use, without just compensation. 3797Amendment VI (1791) 3798In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, 3799by an impartial jury of the state and district wherein the crime shall have been committed, 3800which district shall have been previously ascertained by law, and to be informed of the 3801nature and cause of the accusation; to be confronted with the witnesses against him; to 3802have compulsory process for obtaining witnesses in his favor, and to have the assistance 3803of counsel for his defense. 3804Amendment VII (1791) 3805In suits at common law, where the value in controversy shall exceed twenty dollars, the 3806right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise 3807reexamined in any court of the United States, than according to the rules of the common 3808law. 3809Amendment VIII (1791) 3810Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual 3811punishments inflicted. 3812Amendment IX (1791) 3813The enumeration in the Constitution, of certain rights, shall not be construed to deny or 3814disparage others retained by the people. 3815Amendment X (1791) 3816The powers not delegated to the United States by the Constitution, nor prohibited by it to 3817the states, are reserved to the states respectively, or to the people.

190 101 191

3818Amendment XI (1798) 3819The judicial power of the United States shall not be construed to extend to any suit in law 3820or equity, commenced or prosecuted against one of the United States by citizens of 3821another state, or by citizens or subjects of any foreign state. 3822Amendment XII (1804) 3823The electors shall meet in their respective states and vote by ballot for President and 3824Vice-President, one of whom, at least, shall not be an inhabitant of the same state with 3825themselves; they shall name in their ballots the person voted for as President, and in 3826distinct ballots the person voted for as Vice-President, and they shall make distinct lists 3827of all persons voted for as President, and of all persons voted for as Vice-President, and 3828of the number of votes for each, which lists they shall sign and certify, and transmit 3829sealed to the seat of the government of the United States, directed to the President of the 3830Senate;--The President of the Senate shall, in the presence of the Senate and House of 3831Representatives, open all the certificates and the votes shall then be counted;--the person 3832having the greatest number of votes for President, shall be the President, if such number 3833be a majority of the whole number of electors appointed; and if no person have such 3834majority, then from the persons having the highest numbers not exceeding three on the 3835list of those voted for as President, the House of Representatives shall choose 3836immediately, by ballot, the President. But in choosing the President, the votes shall be 3837taken by states, the representation from each state having one vote; a quorum for this 3838purpose shall consist of a member or members from two-thirds of the states, and a 3839majority of all the states shall be necessary to a choice. And if the House of 3840Representatives shall not choose a President whenever the right of choice shall devolve 3841upon them, before the fourth day of March next following, then the Vice-President shall 3842act as President, as in the case of the death or other constitutional disability of the 3843President. The person having the greatest number of votes as Vice-President, shall be the 3844Vice-President, if such number be a majority of the whole number of electors appointed, 3845and if no person have a majority, then from the two highest numbers on the list, the 3846Senate shall choose the Vice-President; a quorum for the purpose shall consist of two- 3847thirds of the whole number of Senators, and a majority of the whole number shall be 3848necessary to a choice. But no person constitutionally ineligible to the office of President 3849shall be eligible to that of Vice-President of the United States. 3850Amendment XIII (1865) 3851Section 1. 3852Neither slavery nor involuntary servitude, except as a punishment for crime whereof the 3853party shall have been duly convicted, shall exist within the United States, or any place 3854subject to their jurisdiction. 3855Section 2. 3856Congress shall have power to enforce this article by appropriate legislation. 3857Amendment XIV (1868) 3858Section 1. 3859All persons born or naturalized in the United States, and subject to the jurisdiction 3860thereof, are citizens of the United States and of the state wherein they reside. No state 3861shall make or enforce any law which shall abridge the privileges or immunities of citizens 3862of the United States; nor shall any state deprive any person of life, liberty, or property,

192 102 193

3863without due process of law; nor deny to any person within its jurisdiction the equal 3864protection of the laws. 3865Section 2. 3866Representatives shall be apportioned among the several states according to their 3867respective numbers, counting the whole number of persons in each state, excluding 3868Indians not taxed. But when the right to vote at any election for the choice of electors for 3869President and Vice President of the United States, Representatives in Congress, the 3870executive and judicial officers of a state, or the members of the legislature thereof, is 3871denied to any of the male inhabitants of such state, being twenty-one years of age, and 3872citizens of the United States, or in any way abridged, except for participation in rebellion, 3873or other crime, the basis of representation therein shall be reduced in the proportion 3874which the number of such male citizens shall bear to the whole number of male citizens 3875twenty-one years of age in such state. 3876Section 3. 3877No person shall be a Senator or Representative in Congress, or elector of President and 3878Vice President, or hold any office, civil or military, under the United States, or under any 3879state, who, having previously taken an oath, as a member of Congress, or as an officer of 3880the United States, or as a member of any state legislature, or as an executive or judicial 3881officer of any state, to support the Constitution of the United States, shall have engaged 3882in insurrection or rebellion against the same, or given aid or comfort to the enemies 3883thereof. But Congress may by a vote of two-thirds of each House, remove such disability. 3884Section 4. 3885The validity of the public debt of the United States, authorized by law, including debts 3886incurred for payment of pensions and bounties for services in suppressing insurrection or 3887rebellion, shall not be questioned. But neither the United States nor any state shall assume 3888or pay any debt or obligation incurred in aid of insurrection or rebellion against the 3889United States, or any claim for the loss or emancipation of any slave; but all such debts, 3890obligations and claims shall be held illegal and void. 3891Section 5. 3892The Congress shall have power to enforce, by appropriate legislation, the provisions of 3893this article. 3894 3895Amendment XV (1870) 3896Section 1. 3897The right of citizens of the United States to vote shall not be denied or abridged by the 3898United States or by any state on account of race, color, or previous condition of servitude. 3899Section 2. 3900The Congress shall have power to enforce this article by appropriate legislation. 3901

194 103 195

3902Lesson 12: MID-TERM EXAMINATION 3903 3904Assignment: Review all Readings, Terms to Know, and Learning Objectives. 3905 3906Note: You may NOT use any references (textbook, course notebook, or notes) when 3907taking this examination.

196 104 197

3908Lesson 13: "The Republic Launched / The Emergence of Political Parties" 3909 3910Assignment: 3911 3912Visions: 158-159 3913Document 19: Excerpts from the Kentucky Resolution, by Thomas Jefferson 3914Document 20: The Virginia Resolutions, by James Madison 3915Document 21: Excerpts from President George Washington's Farewell Address 3916 3917Learning Objectives: 3918 39191. Explain why the differences between the areas of the United States which had semi- 3920subsistence and commercial economies were socially and politically important in 1789. 3921 3922______3923 3924______3925 3926______3927 3928______3929 3930______3931 3932______3933 39342. Explain why Alexander Hamilton proposed the funding and assumption program and 3935what were its provisions. 3936 3937______3938 3939______3940 3941______3942 3943______3944 3945 3946______3947 3948______3949 39503. Explain why Thomas Jefferson opposed Hamilton's program in general, and the first 3951Bank of the United States in particular. 3952 3953______

198 105 199

3954 3955______3956 3957______3958 3959______3960 3961______3962 3963______3964 39654. Explain why the First American Party system (Federalists and Republicans) emerged 3966in the 1790s. 3967 ______3968 3969______3970 3971______3972 3973______3974 3975______3976 3977______3978 3979______3980 39815. Compare and contrast the principles of the Federalist and Republican parties. Explain 3982the origins of the differences between these two parties, and why political strife between 3983the two parties was so intense. 3984 3985______3986 3987______3988 3989______3990 3991______3992 3993______3994 3995______3996 3997 3998

200 106 201

39996. Explain the foreign policy precedent set by George Washington in his “Farewell 4000Address.” 4001 4002______4003 4004______4005 4006______4007 4008______4009 4010______4011 40127. What do the Kentucky Resolutions, written by Thomas Jefferson (primary author of 4013the Declaration of Independence), imply about the limits to the power of the Federal 4014Government? 4015 4016______4017 4018______4019 4020______4021 4022______4023 4024______4025 40268. What do the Virginia Resolutions, written by James Madison (primary author of the 4027United States Constitution), imply about the limits to the power of the Federal 4028Government? 4029 4030______4031 4032______4033 4034______4035 4036______4037 4038______4039 4040 4041 4042 4043Document 19: Excerpts from the Kentucky Resolutions (Written in 1798 by Thomas 4044Jefferson.)

202 107 203

4045 4046 1. Resolved, that the several states composing the United States of America are 4047not united on the principle of unlimited submission to their general government; but that, 4048by compact, under the style and title of a Constitution for the United States, and of 4049amendments thereto, they constituted a general government for special purposes, 4050delegated to that government certain definite powers, reserving each state to itself, the 4051residuary mass of right to their own self-government. And that whensoever the general 4052government assumes undelegated powers, its acts are unauthoritative, void, and of no 4053force; that to this compact each state acceded as a state and is an integral party; that this 4054government, created by this compact, was not made the exclusive or final judge of the 4055extent of the powers delegated to itself, since that would have made its discretion, and not 4056the Constitution, the measure of its powers; but that, as in all other cases of compact 4057among parties having no common judge, each party has an equal right to judge for itself, 4058as well of infractions as of the mode and measure of redress. 4059 2. Resolved, that the Constitution of the United States having delegated to 4060Congress a power to punish treason, counterfeiting the securities and current coin of the 4061United States, piracies and felonies committed on the high seas, and offenses against the 4062laws of nations, and no other crimes whatever; and it being true, as a general principle, 4063and one of the amendments to the Constitution having also declared "that the powers not 4064delegated to the United States by the Constitution, nor prohibited by it to the states, are 4065reserved to the states respectively, or to the people"; therefore, also the same act of 4066Congress, passed on the 14th day of July, 1798, and entitled "An Act in Addition to the 4067Act Entitled 'An Act for the Punishment of Certain Crimes Against the United States,'" as 4068also the act passed by them on the 27th day of June, 1798, entitled "An Act to Punish 4069Frauds Committed on the Bank of the United States" (and all other their acts which 4070assume to create, define, or punish crimes other than those enumerated in the 4071Constitution), are altogether void and of no force; and that the power to create, define, 4072and punish, such other crimes is reserved, and of right appertains, solely and exclusively, 4073to the respective states, each within its own territory. 4074 3. Resolved, that it is true, as a general principle, and is also expressly declared 4075by one of the amendments to the Constitution, that the "powers not delegated to the 4076United States by the Constitution, nor prohibited by it to the states, are reserved to the 4077states respectively, or to the people;" and that no power over the freedom of the press, 4078being delegated to the United States by the Constitution, nor prohibited by it to the states, 4079or to the people; that thus was manifested their determination to retain to themselves the 4080right of judging how far the licentiousness of speech, and of the press, may be abridged 4081without lessening their useful freedom, and how far those abuses, which cannot be 4082separated from their use, should be tolerated rather than the use be destroyed. And thus 4083also they guarded against all abridgment, by the United States, of the freedom of religious 4084principles and exercises, and retained to themselves the right of protecting the same, as 4085this stated by a law passed on the general demand of its citizens, had already protected 4086them from all human restraints or interference; and that, in addition to this general 4087principle and express declaration, another and more special provision has been made by 4088one of the amendments to the Constitution, which expressly declares that "Congress shall 4089make no laws respecting an establishment of religion, or prohibiting the free exercise 4090thereof, or abridging the freedom of speech, or the press," thereby guarding, in the same

204 108 205

4091sentence, and under the same words, the freedom of religion, of speech, and of the press, 4092insomuch that whatever violates either throws down the sanctuary which covers the 4093others; and that libels, falsehood, and defamation, equally with heresy and false religion, 4094are withheld from the cognizance of federal tribunals. That, therefore, the act of the 4095Congress of the United States, passed on the 14th of July, 1798, entitled "An Act in 4096Addition to the Act Entitled 'An Act for the Punishment of Certain Crimes Against the 4097United States,'" which does abridge the freedom of the press, is not law, but is altogether 4098void and of no force. 4099 4. Resolved, that alien friends are under the jurisdiction and protection of the laws 4100of the state wherein they are; that no power over them has been delegated to the United 4101States, nor prohibited to the individual states, distinct from their power over citizens; and 4102it being true, as a general principle, and one of the amendments to the Constitution 4103having also declared, that "the powers not delegated to the United States by the 4104Constitution, nor prohibited to the states, are reserved to the states, respectively, or to the 4105people," the act of the Congress of the United States, passed the 22nd day of June, 1798 4106entitled "An Act Concerning Aliens," which assumes power over alien friends not 4107delegated by the Constitution, is not law, but is altogether void and of no force. 4108 4109 In questions of power, then, let no more be said of confidence in man, but bind 4110him down from mischief by the chains of the Constitution. That this commonwealth does 4111therefore call on its co-states for an expression of their sentiments on the acts concerning 4112aliens, and for the punishment of certain crimes herein before specified, plainly declaring 4113whether these acts are or are not authorized by the federal compact. And it doubts not 4114that their sense will be so announced as to proved their attachment to limited government, 4115whether general or particular, and that the rights and liberties of their co-states will be 4116exposed to no dangers by remaining embarked on a common bottom with their own; but 4117they will concur with this commonwealth in considering the said acts as so palpably 4118against the Constitution as to amount to an undisguised declaration, that the compact is 4119not meant to be the measure of the powers of the general government, but that it will 4120proceed in the exercise over these states of all powers whatsoever. That they will view 4121this as seizing the rights of the states, and consolidating them in the hands of the general 4122government with a power assumed to bind the states, not merely in cases made federal 4123but in all cases whatsoever, by laws made, not with their consent but by others against 4124their consent. That this would be to surrender the form of government we have chosen, 4125and live under one deriving its powers from its own will, and not from our authority; and 4126that the co-states, recurring to their natural rights not made federal, will concur in 4127declaring these void and of no force, and will each unite with this commonwealth in 4128requesting their repeal at the next session of Congress. 4129 4130 4131 4132 4133Document 20: The Virginia Resolutions (Written in 1798 by James Madison)

4134

206 109 207

4135RESOLVED, That the General Assembly of Virginia, doth unequivocably express a 4136firm resolution to maintain and defend the Constitution of the United States, and the 4137Constitution of this State, against every aggression either foreign or domestic, and 4138that they will support the government of the United States in all measures warranted 4139by the former. 4140That this assembly most solemnly declares a warm attachment to the Union of the 4141States, to maintain which it pledges all its powers; and that for this end, it is their 4142duty to watch over and oppose every infraction of those principles which constitute 4143the only basis of that Union, because a faithful observance of them, can alone secure 4144it's existence and the public happiness. 4145That this Assembly doth explicitly and peremptorily declare, that it views the powers 4146of the federal government, as resulting from the compact, to which the states are 4147parties; as limited by the plain sense and intention of the instrument constituting the 4148compact; as no further valid that they are authorized by the grants enumerated in that 4149compact; and that in case of a deliberate, palpable, and dangerous exercise of other 4150powers, not granted by the said compact, the states who are parties thereto, have the 4151right, and are in duty bound, to interpose for arresting the progress of the evil, and for 4152maintaining within their respective limits, the authorities, rights and liberties 4153appertaining to them. 4154That the General Assembly doth also express its deep regret, that a spirit has in 4155sundry instances, been manifested by the federal government, to enlarge its powers 4156by forced constructions of the constitutional charter which defines them; and that 4157implications have appeared of a design to expound certain general phrases (which 4158having been copied from the very limited grant of power, in the former articles of 4159confederation were the less liable to be misconstrued) so as to destroy the meaning 4160and effect, of the particular enumeration which necessarily explains and limits the 4161general phrases; and so as to consolidate the states by degrees, into one sovereignty, 4162the obvious tendency and inevitable consequence of which would be, to transform 4163the present republican system of the United States, into an absolute, or at best a 4164mixed monarchy. 4165That the General Assembly doth particularly protest against the palpable and 4166alarming infractions of the Constitution, in the two late cases of the "Alien and 4167Sedition Acts" passed at the last session of Congress; the first of which exercises a 4168power no where delegated to the federal government, and which by uniting 4169legislative and judicial powers to those of executive, subverts the general principles 4170of free government; as well as the particular organization, and positive provisions of 4171the federal constitution; and the other of which acts, exercises in like manner, a 4172power not delegated by the constitution, but on the contrary, expressly and positively 4173forbidden by one of the amendments thererto; a power, which more than any other, 4174ought to produce universal alarm, because it is levelled against that right of freely 4175examining public characters and measures, and of free communication among the 4176people thereon, which has ever been justly deemed, the only effectual guardian of 4177every other right.

208 110 209

4178That this state having by its Convention, which ratified the federal Constitution, 4179expressly declared, that among other essential rights, "the Liberty of Conscience and 4180of the Press cannot be cancelled, abridged, restrained, or modified by any authority of 4181the United States," and from its extreme anxiety to guard these rights from every 4182possible attack of sophistry or ambition, having with other states, recommended an 4183amendment for that purpose, which amendment was, in due time, annexed to the 4184Constitution; it would mark a reproachable inconsistency, and criminal degeneracy, if 4185an indifference were now shewn, to the most palpable violation of one of the Rights, 4186thus declared and secured; and to the establishment of a precedent which may be fatal 4187to the other. 4188That the good people of this commonwealth, having ever felt, and continuing to feel, 4189the most sincere affection for their brethren of the other states; the truest anxiety for 4190establishing and perpetuating the union of all; and the most scrupulous fidelity to that 4191constitution, which is the pledge of mutual friendship, and the instrument of mutual 4192happiness; the General Assembly doth solemnly appeal to the like dispositions of the 4193other states, in confidence that they will concur with this commonwealth in declaring, 4194as it does hereby declare, that the acts aforesaid, are unconstitutional; and that the 4195necessary and proper measures will be taken by each, for co-operating with this state, 4196in maintaining the Authorities, Rights, and Liberties, referred to the States 4197respectively, or to the people. 4198That the Governor be desired, to transmit a copy of the foregoing Resolutions to the 4199executive authority of each of the other states, with a request that the same may be 4200communicated to the Legislature thereof; and that a copy be furnished to each of the 4201Senators and Representatives representing this state in the Congress of the United 4202States. 4203 4204 4205 4206 4207 4208 4209 4210 4211 4212 4213 4214 4215 4216Document 21: Excerpts from George Washington's Farewell Address in 1796 4217 4218 Observe good faith and justice toward all nations. Cultivate peace and harmony 4219with all. Religion and morality enjoin this conduct; and can it be that good policy does 4220not equally enjoin it? It will be worthy of a free, enlightened, and, at no distant period, a 4221great nation to give to mankind the magnanimous and too novel example of a people 4222always guided by an exalted justice and benevolence. Who can doubt that in the course

210 111 211

4223of time and things the fruits of such a plan would richly repay any temporary advantages 4224which might be lost by a steady adherence to it? Can it be that Providence has not 4225connected the permanent felicity of a nation with its virtue? The experiment, at least, is 4226recommended by every sentiment which ennobles human nature. Alas! is it rendered 4227impossible by its vices? 4228 In the execution of such a plan nothing is more essential than that permanent, 4229inveterate antipathies against particular nations and passionate attachments for others 4230should be cultivated. The nation which indulges toward another an habitual hatred or an 4231habitual fondness is in some degree a slave. It is a slave to its animosity or to its 4232affection, either of which is sufficient to lead it astray from its duty and its interest. 4233Antipathy in one nation against another disposes each more readily to offer insult and 4234injury, to lay hold of slight causes of umbrage, and to be haughty and intractable when 4235accidental or trifling occasions of dispute occur. 4236 Hence, frequent collisions, obstinate, envenomed, and bloody contests. The 4237nation prompted by ill will and resentment sometimes impels to war the government, 4238contrary to the best calculations of policy. The government sometimes participates in the 4239national propensity, and adopts, through passion, what reason would reject; at other 4240times, it makes the animosity of the nation subservient to projects of hostility instigated 4241by pride, ambition, and other sinister and pernicious motives. The peace often, 4242sometimes perhaps the liberty, of nations has been the victim. 4243 So, likewise, a passionate attachment of one nation for another produces a variety 4244of evils. Sympathy for the favorite nation, facilitating the illusion of an imaginary 4245common interest in cases where no real common interest exists, and infusing into one the 4246enmities of the other, betrays the former into a participation in the quarrels and wars of 4247the latter without adequate inducement or justification. It leads also to concessions to the 4248favorite nation of privileges denied to others, which is apt doubly to injure the nation 4249making the concessions by unnecessarily parting with what ought to have been retained, 4250and by exciting jealousy, ill will, and disposition to retaliate in the parties from whom 4251equal privileges are withheld. 4252 And it gives to ambitious, corrupted, or deluded citizens (who devote themselves 4253to the favorite nation facility to betray or sacrifice the interests of their own country, 4254without odium, sometimes even with popularity, gilding with the appearances of a 4255virtuous sense of obligation, a commendable deference for public opinion, or a laudable 4256zeal for public good, the base or foolish compliances of ambition, corruption, or 4257infatuation. As avenues to foreign influence in innumerable ways, such attachments are 4258particularly alarming to the truly enlightened and independent patriot. How many 4259opportunities do they afford to tamper with domestic factions, to practise the arts of 4260seduction, to mislead public opinions, to influence or awe the public councils! Such an 4261attachment of a small or weak toward a great and powerful nation dooms the former to be 4262the satellite of the latter. 4263 Against the insidious wiles of foreign influence, I conjure you to believe me, 4264fellow citizens, the jealousy of a free people ought to be constantly awake, since history 4265and experience prove that foreign influence is one of the most baneful foes of republican 4266government. But that jealousy, to be useful, must be impartial, else it becomes the 4267instrument of the very influence to be avoided instead of a defense against it. Excessive 4268partiality for one foreign nation and excessive dislike of another cause those whom they

212 112 213

4269actuate to see danger only on one side and serve to veil and even second the arts of 4270influence on the other. Real patriots, who may resist the intrigues of the favorite, are 4271liable to become suspected and odious, while its tools and dupes usurp the applause and 4272confidence of the people to surrender their interests. 4273 4274 The great rule of conduct for us, in regard to foreign nations, is in extending our 4275commercial relations to have with them as little political connections as possible. So far 4276we have already formed engagements, let them be fulfilled with perfect good faith. Here 4277let us stop. 4278 Europe has a set of primary interests which to us have none, or a very remote 4279relations. Hence she must be engaged in frequent controversies, the causes of which are 4280essentially foreign to our concerns. Hence, therefore, it must be unwise in us to implicate 4281ourselves, by artificial ties, in the ordinary vicissitudes of her politics or the ordinary 4282combinations and collisions of her friendships or enmities. 4283 Our detached and distant situation invites and enables us to pursue a different 4284course. If we remain one people, under an efficient government, the period is not far off 4285when we may defy material injury from external annoyance; when we may take such an 4286attitude as will cause the neutrality we may at any time resolve upon to be scrupulously 4287respected; when belligerent nations, under the impossibility of making acquisitions upon 4288us, will not lightly hazard the giving us provocation; when we may choose peace or war, 4289as our interest guided by our justice shall counsel. 4290 Why forgo the advantages of so peculiar a situation? Why quit our own to stand 4291upon foreign ground? Why, by interweaving our destiny with that of any part of Europe, 4292entangle our peace and prosperity in the toils of European ambition, rivalship, interest, 4293humor, or caprice? 4294 It is our true policy to steer clear of permanent alliances with any portion of the 4295foreign world. So far, I mean, as we are now at liberty to do it, for let me not be 4296understood as capable of patronizing infidelity to existing engagements (I hold the maxim 4297no less applicable to public than to private affairs that honesty is always the best policy). 4298I repeat it, therefore: let those engagements be observed in their genuine sense. But, in 4299my opinion, it is unnecessary and would be unwise to extend them. 4300 Taking care always to keep ourselves, by suitable establishments, on a respectably 4301defensive posture, we may safely trust to temporary alliances for extraordinary 4302emergencies. 4303 Harmony, liberal intercourse with all nations are recommended by policy, 4304humanity, and interest. But even our commercial policy should hold an equal and 4305impartial hand, neither seeking nor granting exclusive favors or preferences; consulting 4306the natural course of things; diffusing and diversifying by gentle means the streams of 4307commerce but forcing nothing; establishing with powers so disposed, in order to give to 4308trade a stable course, to define the rights of our merchants, and to enable the government 4309to support them, conventional rules of intercourse, the best that present circumstances and 4310mutual opinion will permit, but temporary and liable to be from time to time abandoned 4311or varied, as experience and circumstances circumstances shall dictate; constantly 4312keeping in view that it is folly in one nation to look for disinterested favors from another; 4313that it must pay with a portion of its independence for whatever it may accept under that 4314character; that, by such acceptance, it may place itself in the condition of having given

214 113 215

4315equivalents for nominal favors and yet of being reproached with ingratitude for not 4316giving more. There can be no greater error than to expect, or calculate, upon real favors 4317from nation to nation. It is an illusion which experience must cure, which a just pride 4318ought to discard. 4319 In offering to you, my countrymen, these counsels of an old and affectionate 4320friend, I dare not hope they will make the strong and lasting impression I could wish; that 4321they will control the usual current of the passions or prevent our nations from running the 4322course which has hitherto marked the destiny of nations. But if I may even flatter myself 4323that they may be productive of some partial benefit, some occasional good; that they may 4324now and then recur to moderate the fury of party-spirit, to warn against the mischiefs of 4325foreign intrigue, to guard against the imposture of pretended patriotism, this hope will be 4326a full recompense for the solicitude for your welfare by which they have been dictated. 4327 In relation to the still subsisting war in Europe, my proclamation of the 22nd of 4328April, 1793, is the index to my plan. Sanctioned by your approving voice and by that of 4329your representatives in both houses of Congress, the spirit of that measure has continually 4330governed me -- uninfluenced by any attempts to deter or divert me from it. 4331 After deliberate examination with the aid of the best lights I could obtain, I was 4332well satisfied that our country, under all the circumstances of the case, had a right to take, 4333and was bound in duty and interest to take, a neutral position. Having taken it, I 4334determined, as far as should depend upon me, to maintain it, with moderation, 4335perseverance, and firmness. . . . 4336 The inducements of interest for observing that conduct will best be referred to 4337your own reflections and experience. With me, a predominant motive has been to 4338endeavor to gain time to our country to settle and mature its yet recent institutions, and to 4339progress without interruption to that degree of strength and consistency which is 4340necessary to give it, humanly speaking, the command of its own fortune. 4341 Though, in reviewing the incidents of my administration, I am unconscious of 4342intentional error, I am nevertheless too sensible of my defects not to think it probably that 4343I may have committed many errors. Whatever they may be, I fervently beseech the 4344Almighty to avert or mitigate the evils to which they may tend. I shall also carry with me 4345the hope that my country will never cease to view them with indulgence, and that, after 4346forty-five year of my life dedicated to its service, with an upright zeal, the faults of 4347incompetent abilities will be consigned to oblivion as myself must soon be to the 4348mansions of rest. 4349 Relying on its kindness in this as in other things, and actuated by that fervent love 4350toward it which is so natural to a man who views in it the native soil of himself and his 4351progenitors for several generations, I anticipate with pleasing expectations that retreat in 4352which I promise myself to realize, without alloy, the sweet enjoyment of partaking, in the 4353midst of my fellow citizens the benign influence of good laws under a free government, 4354the ever favorite object of my heart, and the happy reward, as I trust, of our mutual cares, 4355labors, and dangers 4356

216 114 217

4357

218 115 219

4358

220 116 221

4359Lesson 14: “The Jeffersonian Republic” 4360 4361Assignment: 4362 4363Visions: 190-201 4364Document 22: Excerpts from Marbury v. Madison 4365 4366Learning Objectives: 4367 43681. Explain Thomas Jefferson's political principles and philosophy of agrarianism. 4369 4370______4371 4372______4373 4374______4375 4376______4377 4378______4379 4380______4381 43822. Evaluate the importance of the doctrine of judicial review as expressed in Marbury v. 4383Madison. 4384______4385 4386______4387 4388______4389 4390______4391 4392______4393 4394______4395 43963. Evaluate the impact the westward advance of white settlers had upon Native American 4397cultures. Compare the rationale behind and relative success of the Native American 4398responses of assimilation, religious revitalization, and political revitalization. 4399 4400______4401 4402______4403 4404______

222 117 223

4405 4406______4407 4408______4409 4410Document 22: Excerpts from the 1803 Marbury v. Madison Supreme Court decision 4411(See page 263 of Nation of Nations for background.) 4412 4413 The question whether an act repugnant to the Constitution can become the law of 4414the land is a question deeply interesting to the United States but, happily, not of an 4415intricacy proportioned to its interest. It seems only necessary to recognize certain 4416principles, supposed to have been long and well established, to decide it. 4417 That the people have an original right to establish, for their future government, 4418such principles as in their opinion, shall most conduce to their own happiness is the basis 4419on which the whole American fabric has been erected. The exercise of this original right 4420is a very great exertion; nor can it, nor ought it, to be frequently repeated. The principles, 4421therefore, so established are deemed fundamental. And as the authority from which they 4422proceed is supreme and can seldom act, they are designed to be permanent. 4423 This original and supreme will organizes the government and assigns to different 4424departments their respective powers. It may either stop here or establish certain limits 4425not to be transcended by those departments. 4426 The government of the United States is of the latter description. The powers of 4427the legislature are defined and limited; and that those limits may not be mistaken or 4428forgot ten, the Constitution is written. To what purpose are powers limited, and to what 4429purpose is that limitation committed to writing, if these limits may, at any time, be passed 4430by those intended to be restrained? The distinction between a government with limited 4431and unlimited powers is abolished if those limits do not confine the persons of whom 4432they are imposed, and if acts prohibited and acts allowed are of equal obligation. It is a 4433proposition too plain to be contested that the Constitution controls any legislative act 4434repugnant to it or that the legislature may alter the Constitution by an ordinary act. 4435 Between these alternatives there is no middle ground. The Constitution is either a 4436superior, paramount law, unchangeable by ordinary means, or it is on a level with 4437ordinary means, or it is on a level with ordinary legislative acts and, like other acts, is 4438alterable when the legislature shall please to alter it. 4439 If the former part of the alternative be true, then a legislative act contrary to the 4440Constitution is not law; if the latter part be true, then written constitutions are absurd 4441attempts, on the part of the people, to limit a power in its own nature illimitable. 4442 Certainly, all those who have framed written constitutions contemplate them as 4443forming the fundamental and paramount law of the nation, and, consequently, the theory 4444of every such government must be that an act of the legislature repugnant to the 4445Constitution is void. 4446 This theory is essentially attached to a written constitution and is, consequently, to 4447be considered by this Court as one of the fundamental principles of our society. It is not, 4448therefore, to be lost sight of in the further consideration of this subject. 4449 If an act of the legislature repugnant to the Constitution is void, does it, 4450notwithstanding its invalidity, bind the courts and oblige them to give it effect? Or, in

224 118 225

4451other words, though it be not law, does it constitute a rule as operative as if it was a law? 4452This would be to overthrow in fact what was established in theory and would seem, at 4453first view, an absurdity too gross to be insisted on. It shall, however, receive a more 4454attentive consideration. 4455 It is, emphatically, the province and duty of the Judicial Department to say what 4456the law is. Those who apply the rule to particular cases must of necessity expound and 4457interpret that rule. If two laws conflict with each other, the courts must decide on the 4458operation of each. So if a law be in opposition to the Constitution, if both the law and the 4459Constitution apply to a particular case, so that the court must either decide that case 4460conformably to the law, disregarding the Constitution, or conformably to the law, 4461disregarding the law, the court must determine which of these conflicting rules governs 4462the case. This is of the very essence of judicial duty. If, then, the courts are to regard the 4463Constitution, and the Constitution is superior to any ordinary act of the legislature, the 4464Constitution, and not such ordinary act, must govern the case to which they both apply. 4465 Those, then, who controvert the principle that the Constitution is to be considered 4466in court as a paramount law are reduced to the necessity of maintaining that courts must 4467close their eyes on the Constitution and see only the law. 4468 This doctrine would subvert the very foundation of all written constitutions. It 4469would declare that an act which, according to the principles and theory of our 4470government, is entirely void, is yet, in practice, completely obligatory. It would declare 4471that if the legislature shall do what is expressly forbidden, such act, notwithstanding the 4472express prohibition, is in reality effectual. It would be giving to the legislature a practical 4473and real omnipotence, with the same breath which professes to restrict their powers 4474within narrow limits. It is prescribing limits and declaring that those limits may be 4475passed at pleasure. 4476 That it thus reduces to nothing what we have deemed the greatest improvement on 4477political institutions, a written constitution, would of itself be sufficient in America, 4478where written constitutions have been viewed with so much reverence, for rejecting the 4479construction. But the peculiar expression of the Constitution of the United States furnish 4480additional arguments in favor of its rejection. 4481 The judicial power of the United States is extended to all cases arising under the 4482Constitution. Could it be the intention of those who gave this power to say that, in using 4483it, the Constitution should not be looked into? That a case arising under the Constitution 4484should be decided without examining the instrument under which it arises? 4485 This is too extravagant to be maintained. In some cases, then, the Constitution 4486must be looked into by the judges. And if they can open it at all, what part of it are they 4487forbidden to read or to obey? . . . 4488 Thus, the particular phraseology of the Constitution of the United States confirm 4489and strengthens the principle, supposed to be essential to all written constitution, that a 4490law repugnant to the Constitution is void and that courts, as well as other department, are 4491bound by the instrument. 4492 The rule must be discharged. 4493

226 119 227

4494 “Jefferson’s Political Principles” BEFORE BECOMING PRESIDENT AFTER BECOMING PRESIDENT

GOVERNMENT -- Classical republican -- Cut the size of the Army down to 3,000 TYPE -- Favored a simple and frugal govt. men; Halted work on frigates and -- Local, decentralized govt. reduced the Navy to gunboats -- Supported the will of the majority -- (Results in 1812?)

POWER -- Power corrupts and is evil -- Power was a “necessary evil” -- Feared power, in general

SLAVERY -- Condemned (initially, at least) -- After 1790, supported those who -- Tried to insert paragraph in favored slavery Declaration of Independence blaming -- Was personally a large slaveholder George III for slavery -- Was a product of a slave society -- Likely had children with his slave -- Could not fundamentally oppose mistress, Sally Hemings slavery without denying his own culture -- Opposed the move to keep slavery out of the Louisiana Territory

CONSTITUTION -- Favored strict, enumerated powers -- Authorized the Louisiana Purchase A which was not an enumerated power L -- Became somewhat of a loose LATITUDE constructionist

INHERENT -- “All men equal,” and “life, liberty, -- Did not believe in a universal vote RIGHTS & the pursuit of happiness.” -- Only property owners could vote -- Suffrage based on property -- No equal rights or voting for women

FREEDOM OF -- A sacred right -- Wanted to prosecute seditious libel SPEECH

GOVT. DEBT -- Opposed government debt -- Spent $15 million on LA Territory -- Overall, lowers debt from $83 million to $57 million while President

HAMILTONIAN -- Opposed funding and assumption -- Largely keeps it in place ECONOMY -- Thought the purpose of commerce -- Lets first Bank of U.S. run its course was to sell agricultural surplus until its charter expires in 1811 -- Does away with whiskey tax -- Keeps Funding and Assumption

AGRARIAN -- Farming nourished honesty, -- No change VALUES independence; agrarian values were essential to a republic; “God’s chosen people labor in the earth” -- To prevent corruption, people should move back to the farm; preferred small, household manufacturing -- cities and commerce promote specu- lation, greed, luxury, & self-indulgence

228 120 229

TAXES -- NA -- Abolishes Whiskey Tax and other internal taxes; got rid of tax collectors -- Finances the Federal Government through land sales and tariffs 4495 4496 4497Lesson 15: "The War of 1812 and Its Aftermath" 4498 4499Assignment: 4500 4501Visions: 202-212 4502Document 23: Tecumseh’s Message in Council to Governor William Henry Harrison 4503Document 24: Report and Resolutions of the Hartford Convention 4504 4505Learning Objectives: 4506 45071. Explain the causes and consequences of the War of 1812. 4508 4509______4510 4511______4512 4513______4514 4515______4516 4517______4518 4519______4520 45212. Using your documents, evaluate Tecumseh’s position regarding the sale of Native- 4522Americans’ land to the United States. 4523 4524______4525 4526______4527 4528______4529 4530______4531 4532______4533 4534______4535

230 121 231

45363. Explain New England's grievances as expressed by the Report of the Hartford 4537Convention. What did the Hartford Convention say was the relationship between the 4538state governments and the federal government? 4539 4540______4541 4542______4543 4544______4545 4546______4547 4548______4549 4550______4551 45524. How was the collapse of the Federalist party related to the nation’s reaction to the 4553Hartford Convention? 4554 4555______4556 4557______4558 4559______4560 4561______4562 45635. Evaluate the importance of the Monroe Doctrine. 4564 4565______4566 4567______4568 4569______4570 4571______4572 4573______4574 4575______4576 4577

232 122 233

4578Document 23: Tecumseh’s August 12, 1810 Message in Council at Vincennes to 4579Governor William Henry Harrison 4580 4581It is true I am a Shawnee. My forefathers were warriors. Their son is a warrior. From 4582them I take only my existence; from my tribe I take nothing. I am the maker of my own 4583fortune; and oh! that I could make of my own fortune; and oh! that I could make that of 4584my red people, and of my country, as great as the conceptions of my mind, when I think 4585of the Spirit that rules the universe. I would not then come to Governor Harrison to ask 4586him to tear the treaty and to obliterate the landmark; but I would say to him: "Sir, you 4587have liberty to return to your own country." 4588 4589The being within, communing with past ages, tells me that once, nor until lately, there 4590was no white man on this continent; that it then all belonged to red men, children of the 4591same parents, placed on it by the Great Spirit that made them, to keep it, to traverse it, 4592to enjoy its productions, and to fill it with the same race, once a happy race, since made 4593miserable by the white people, who are never contented but always encroaching. The 4594way, and the only way, to check and to stop this evil, is for all the red men to unite in 4595claiming a common and equal right in the land, as it was at first, and should be yet; for it 4596never was divided, but belongs to all for the use of each. For no part has a right to sell, 4597even to each other, much less to strangers—those who want all, and will not do with 4598less. 4599 4600The white people have no right to take the land from the Indians, because they had it 4601first; it is theirs. They may sell, but all must join. Any sale not made by all is not valid. 4602The late sale is bad. It was made by a part only. Part do not know how to sell. All red 4603men have equal rights to the unoccupied land. The right of occupancy is as good in one 4604place as in another. There cannot be two occupations in the same place. The first 4605excludes all others. It is not so in hunting or traveling; for there the same ground will 4606serve many, as they may follow each other all day; but the camp is stationary, and that is 4607occupancy. It belongs to the first who sits down on his blanket or skins which he has 4608thrown upon the ground; and till he leaves it no other has a right. 4609

234 123 235

4610 4611Document 24: Resolutions of the 1815 Hartford Convention 4612 4613 If THE UNION BE DESTINED to dissolution by reason of the multiplied abuses 4614of bad administrations, it should, if possible, be the work of peaceable times and 4615deliberate consent. Some new form of confederacy should be substituted among those 4616states which shall intend to maintain a federal relation to each other. Events may prove 4617that the causes of our calamities are deep and permanent. They may be found to proceed, 4618not merely from the blindness of prejudice, pride of opinion, violence of party spirit, or 4619the confusion of the times but they may be traced to implacable combinations of 4620individuals, or of states, to monopolize power and office, and to trample without remorse 4621upon the rights and interests of commercial sections of the Union. Whenever it shall 4622appear that these causes are radical and permanent, a separation, by equitable 4623arrangement, will be preferable to an alliance by constraint, among nominal friends but 4624real enemies, inflamed by mutual hatred and jealousy, and inviting, by intestine division, 4625contempt and aggression from abroad. 4626 But a severance of the Union by one or more states, against the will of the rest, 4627and especially in a time of war, can be justified only by absolute necessity. These are 4628among the principal objections against precipitate measures tending to disunite the states; 4629and when examined in connection with the farewell address to the father of his country, 4630they must, it is believed, be deemed conclusive. 4631 Under these impressions, the Convention have proceeded to confer and deliberate 4632upon the alarming state of public affairs, especially as affecting the interests of the people 4633who have appointed them for this purpose. And they are naturally led to a consideration, 4634in the first place, of the dangers and grievances which menace an immediate or speedy 4635pressure, with a view of suggesting means of present relief; in the next place, of such as 4636are of a more remote and general description, in the hope of attaining future security. . . . 4637 In the catalogue of blessings which have fallen to the lot of the most favored 4638nations, none could be enumerated from which our country was excluded -- a free 4639Constitution, administered by great and incorruptible statesmen, realized the fondest 4640hopes of liberty and independence; the progress of agriculture was stimulated by the 4641certainty of value in the harvest; and commerce, after traversing every sea, returned with 4642the riches of every clime. A revenue, secured by a sense of honor, collected without 4643oppression, and paid without murmurs, melted away the national debt; and the chief 4644concern of the public creditor arose from is too rapid diminution. The wars and 4645commotions of the European nations and their interruptions of the commercial 4646intercourse afforded to those who had not promoted but who would have rejoiced to 4647alleviate their calamities, a fair and golden opportunity, by combining themselves to lay a 4648broad foundation for national wealth. Although occasional vexations to commence arose 4649from the furious collisions of the powers at war, yet the great and good men of that time 4650conformed to the force of circumstances which they could not control and preserved their 4651country in security from the tempests which overwhelmed the Old World, and threw the 4652wreck of their fortunes on these shores. 4653 Respect abroad, prosperity at home, wise laws made by honored legislators, and 4654prompt obedience yielded by a contented people had silenced the enemies of republican 4655institutions. The arts flourished; the sciences were cultivated; the comforts and

236 124 237

4656conveniences of life were universally diffused: and nothing remained for succeeding 4657administrations but to reap the advantages and cherish the resources flowing from the 4658policy of their predecessors. 4659 But no sooner was a new administration established in the hands of the party 4660opposed to the Washington policy than a axed determination was perceived and avowed 4661of changing a system which had already produced these substantial fruits. The 4662consequences of this change, for a few years after its commencement, were not sufficient 4663to counteract the prodigious impulse toward prosperity which had been given to the 4664nation. But a steady perseverance in the new plans of administration at length developed 4665their weakness and deformity, but not until a majority of the people had been deceived by 4666flattery, and inflamed by passion, into blindness to their defects. Under the withering 4667influence of this new system, the declension of the nation has been uniform and rapid. 4668The richest advantages for securing the great objects of the Constitution have been 4669wantonly rejected. While Europe reposes from the convulsions that had shaken down her 4670ancient institutions, she beholds with amazement this remote country, once so happy and 4671so envied, involved in a ruinous war and excluded from intercourse with the rest of the 4672world. 4673 To investigate and explain the means whereby this fatal reverse has been effected 4674would require a voluminous discussion. Nothing more can be attempted in this report 4675than a general allusion to the principal outlines of the policy which has produced this 4676vicissitude. Among these may be enumerated: 4677 First, a deliberate and extensive system for effecting a combination among certain 4678states, by exciting local jealousies and ambition, so as to secure to popular leaders in one 4679section of the Union the control of public affairs in perpetual succession; to which 4680primary object most other characteristics of the system may be reconciled. 4681 Second, the political intolerance displayed and avowed in excluding from office 4682men of unexceptable merit for want of adherence to the executive creed. 4683 Third, the infraction of the judiciary authority and rights by depriving judges of 4684their offices in violation of the Constitution. 4685 Fourth, the abolition of existing taxes, requisite to prepare the country for those 4686changes to which nations are always exposed, with a view to the acquisition of popular 4687favor. 4688 Fifth, the influence of patronage in the distribution of offices, which in these 4689states has been almost invariably made among men the least entitled to such distinction, 4690and who have sold themselves as ready instruments for distracting public opinion, and 4691encouraging administration to hold in contempt the wishes and remonstrances of a people 4692thus apparently divided. 4693 Sixth, the admission of new states into the Union, formed at pleasure in the 4694Western region, has destroyed the balance of power which existed among the original 4695states and deeply affected their interest. 4696 Seventh, the easy admission of naturalized foreigners to places of trust, honor, or 4697profit, operating as an inducement to the malcontent subjects of the Old World to come to 4698these states in quest of executive patronage, and to repay it by an abject devotion to 4699executive measures. 4700 Eighth, hostility to Great Britain and partiality to the late government of France, 4701adopted as coincident with popular prejudice and subservient to the main object, party

238 125 239

4702power. Connected with these must be ranked erroneous and distorted estimates of the 4703power and resources of these nations, of the probable results of their controversies, and of 4704our political relations to them respectively. 4705 Last and principally, a visionary and superficial theory in regard to commerce, 4706accompanied by a real hatred but a feigned regard to its interests, and a ruinous 4707perseverance in efforts to render it an instrument of coercion and war. 4708 But it is not conceivable that the obliquity of any administration could, in so short 4709a period, have so nearly consummated the work of national ruin, unless favored by 4710defects in the Constitution.... 4711 Therefore resolved: that it be and hereby is recommended to the legislatures of 4712the several states represented in this Convention to adopt all such measures as may be 4713necessary, effectually, to protect the citizens of said states from the operation and effects 4714of all acts which have been or may be passed by the Congress of the United States which 4715shall contain provisions subjecting the militia or other citizens to forcible drafts, 4716conscription, or impressments not authorized by the Constitution of the United States. 4717 Resolved, that it be, and hereby is, recommended to the said legislatures to 4718authorize an immediate and earnest application to be made to the government of the 4719United States requesting their consent to some arrangement whereby the said states may, 4720separately or in concert, be empowered to assume upon themselves the defense of their 4721territory against the enemy; and a reasonable portion of the taxes collected within said 4722states may be paid into the respective treasuries thereof, and appropriated to the payment 4723of the balance due said states, and to the future defense of the same. The amount so paid 4724into the said treasuries to be credited, and the disbursements made as aforesaid to be 4725charged to the United States. 4726 Resolved, that it be, and hereby is, recommended to the legislatures of the 4727aforesaid states to pass laws (where it has not already been done) authorizing the 4728governors or commanders in chief of their militia to make detachments from the same, or 4729to form voluntary corps, as shall be most convenient and conformable to their 4730constitutions, and to cause the same to be well armed, equipped, and disciplined, and held 4731in readiness for service; and, upon the request of the governor of either of the other states, 4732to employ the whole of such detachment or corps, as well as the regular forces of the 4733state, or such part thereof as may be required and can be spared consistently with the 4734safety of the state, in assisting the state making such request to repel any invasion thereof 4735which shall be made or attempted by the public enemy. 4736 Resolved, that the following amendments of the Constitution of the United States 4737be recommended to the states represented as aforesaid, to be proposed by them for 4738adoption by the state legislatures, and, in such cases as may be deemed expedient, by a 4739convention chosen by the people of each state. 4740 And it is further recommended that the said states shall persevere in their efforts 4741to obtain such amendments until the same shall be effected. 4742 First, representatives and direct taxes shall be apportioned among the several 4743states which may be included within this Union according to their respective numbers of 4744free persons, including those bound to serve for a term of years, and excluding Indians 4745not taxed and all other persons.

240 126 241

4746 Second, no new state shall be admitted into the Union by Congress, in virtue of 4747the power granted by the Constitution without the concurrence of two-thirds of both 4748houses. 4749 Third, Congress shall not have power to lay any embargo on the ships or vessels 4750of the citizens of the United States, in the ports or harbors thereof, for more than sixty 4751days. 4752 Fourth, Congress shall not have power without the concurrence of two-thirds of 4753both houses, to interdict the commercial intercourse between the United States and any 4754foreign nation or the dependencies thereof. 4755 Fifth, Congress shall not make or declare war, or authorize acts of hostility 4756against any foreign nation, without the concurrence of two-thirds of both houses, except 4757such acts of hostility be in defense of the territories of the United States when actually 4758invaded. 4759 Sixth, no person who shall hereafter be naturalized shall be eligible as a member 4760of the Senate or House of Representatives of the United States, nor capable of holding 4761any civil office under the authority of the United States. 4762 Seventh, the same person shall not be elected President of the United States a 4763second time; nor shall the President be elected from the same state two terms in 4764succession. 4765 Resolved, that if the application of these states to the government of the United 4766States, recommended in a foregoing resolution, should not be unsuccessful and peace 4767should not be concluded, and the defense of these states should be neglected, as it has 4768been since the commencement of the war, it will, in the opinion of this Convention, be 4769expedient for the legislatures of the several states to appoint delegates to another 4770convention, to meet at Boston . . . with such powers and instructions as the exigency of a 4771crisis so momentous may require.

242 127 243

4772 DIPLOMATIC ROAD TO THE WAR OF 1812 4773 47741803 - Hostilities between Britain and France resume 4775 during the Napoleonic Wars. 4776 47771805 - Britain and France are at war. Both raid U.S. 4778 commerce. Britain seizes over 500 American ships, 4779 while France seizes over 300. Britain resorts to 4780 impressment. Britain moves to halt U.S. reexport trade 4781 (which violated their "Rule of 1756") from the French 4782 West Indies. Battle of Trafalgar establishes British 4783 naval superiority. 4784 47851806 - Napoleon closes European ports. 4786 47871807 - British "Orders in Council" declare that ships 4788 trading with France must first stop in a British port, 4789 pay duties, and get a license. Britain blockades 4790 France, Northern Europe. Napoleon's "Berlin 4791 Decree" declares a blockade is in effect around Great 4792 Britain. 4793 47941807 - Napoleon's "Milan Decree" says that ships stopping 4795 in British ports and are in conformity with the 4796 “Orders in Council” are subject to seizure. 4797 Jefferson's "Embargo Act of 1807" made American 4798 exports illegal, and severely reduced trade. 4799 48001807 - The British Leopard fires on the American 4801 Chesapeake in American waters, inflaming American 4802 public opinion. British begin urging Western Indians 4803 to attack U.S. citizens. Allegedly pay $6 a scalp 4804 for Americans. 4805 48061809 - The U.S. repeals the Embargo Act, passes the Non- 4807 Intercourse Act. U.S. merchants may trade with 4808 all countries save Britain and France. Will trade 4809 with the first belligerent which lifts its restric- 4810 tions (Macon's Bill #2). Bans British trade after 4811 Napoleon falsely promises not to interfere with U.S. 4812 shipping. 4813 48141811 - Battle of Tippecanoe. Harrison defeats the 4815 Prophet in Indiana. Western "War Hawks" now have 4816 many Congressional seats. Want to market surplus 4817 foodstuffs, but stopped by Orders in Council. 4818 Have eyes on Canada, Florida, and putting an end to

244 128 245

4819 British support of Indians. 4820 48211812 - Britain, suffering from effects of the embargo, 4822 rescinds the Orders in Council. The news reaches 4823 America two days too late to avert war.

246 129 247

4824

248 130 249

4825

250 131 251

4826Lesson 16: "The Opening of America" 4827 4828Assignment: 4829 4830Visions: 212-213, 252-263 4831Document 25: Excerpts from McCulloch v. Maryland 4832Document 26: Excerpts from John Taylor’s “An Inquiry into the Principles and Policy of 4833 the Government of the United States” 4834 4835Learning Objectives: 4836 48371. Explain how the market revolution, advances in technology, and the transportation 4838revolution were interrelated. 4839 4840______4841 4842______4843 4844______4845 4846______4847 4848______4849 4850______4851 48522. Explain the social, political, and economic consequences of the market and trans- 4853portation revolutions. 4854______4855 4856______4857 4858______4859 4860______4861 4862______4863 4864______4865 4866 4867 4868 4869 48703. Explain how the Gibbons v. Ogden decision aided the creation of a national, domestic 4871market.

252 132 253

4872 4873______4874 4875______4876 4877______4878 4879______4880 4881______4882 4883______4884 48854. Explain what the implications of the McCulloch v. Maryland decision were regarding 4886the powers of the federal government. 4887 4888______4889 4890______4891 4892______4893 4894______4895 4896______4897 4898______4899 49005. Based on your documents, explain why John Taylor opposed a national debt (funding) 4901and a system of paper money. 4902______4903 4904______4905 4906______4907 4908______4909 4910______4911 4912______4913 4914 4915Document 25: Excerpts from the 1819 Supreme Court decision McCulloch v. 4916Maryland 4917

254 133 255

4918THE FIRST QUESTION made in the cause is -- Has Congress power to incorporate a 4919bank? 4920 It has been truly said that this can scarcely be considered as an open question, 4921entirely unprejudiced by the former proceedings of the nation respecting it. The principle 4922now contested was introduced at a very early period of our history, has been recognized 4923by many successive legislatures, and has been acted upon by the Judicial Department, in 4924cases of peculiar delicacy, as a law of undoubted obligation. . . . 4925 4926 Although, among the enumerated powers of government, we do not find the word 4927"bank" or "incorporation," we find the great powers to lay and collect taxes; to borrow 4928money; to regulate commerce; to declare and conduct a war; and to raise and support 4929armies and navies. The sword and the purse, all the external relations, and no 4930inconsiderable portion of the industry of the nation are entrusted to its government. It can 4931never be pretended that these vast powers draw after them others of inferior importance, 4932merely because they are inferior. Such an idea can never be advanced. But it may with 4933great reason be contended that a government, entrusted with such ample powers, on the 4934due execution of which the happiness and prosperity of the nation so vitally depends, 4935must also be entrusted with ample means for their execution. The power being given, it 4936is the interest of the nation to facilitate its execution. It can never be their interest, and 4937cannot be presumed to have been their intention, to clog and embarrass its execution by 4938withholding the most appropriate means. 4939 4940 The government which has a right to do an act, and has imposed on it the duty of 4941performing that act, must, according to the dictates of reason, be allowed to select the 4942means; and those who contend that it may not select any appropriate means, that one 4943particular mode of effecting the object is excepted, take upon themselves the burden of 4944establishing that exception. . . . 4945 4946 But the Constitution of the United States has not left the right of Congress to 4947employ the necessary means for the execution of the powers conferred on the government 4948to general reasoning. To its enumeration of powers is added that of making "all laws 4949which shall be necessary and proper, for carrying into execution the foregoing powers, 4950and all other powers vested by this Constitution, in the government of the United States, 4951or in any department thereof." 4952 4953 The counsel for the State of Maryland have urged various arguments to prove that 4954this clause, though in terms a grant of power, is not so in effect, but is really restrictive of 4955the general right, which might otherwise be implied, of selecting means for executing the 4956enumerated powers. In support of this proposition, they have found it necessary to 4957contend that this clause was inserted for the purpose of conferring on Congress the power 4958of making laws. That, without it, doubts might be entertained whether Congress could 4959exercise its powers in the form of legislation. 4960 4961 But could this be the object for which it was inserted? A government is created 4962by the people, having legislative, executive, and judicial powers. Its legislative powers 4963are vested in a Congress, which is to consist of a Senate and House of Representatives.

256 134 257

4964Each house may determine the rule of its proceedings; and it is declared that every bill 4965which shall have passed both houses, shall, before it becomes a law, be presented to the 4966President of the United States. The 7th Section describes the course of proceedings by 4967which a bill shall become a law; and, then, the 8th Section enumerates the powers of 4968Congress. Could it be necessary to say that a legislature should exercise legislative 4969powers in the shape of legislation? After allowing each house to prescribe its own course 4970of proceeding, after describing the manner in which a bill should become a law, would it 4971have entered into the mind of a single member of he Convention that an express power to 4972make laws was necessary to enable the legislature to make them? That a legislature, 4973endowed with legislative powers, can legislate is a proposition too self-evident to have 4974been questioned. 4975 4976 But the argument on which most reliance is placed is drawn from the peculiar 4977language of this clause. Congress is not empowered by it to make all laws which may 4978have relation to the powers conferred on the government, but such only as may be 4979"necessary and proper" for carrying them into execution. The "necessary" is considered 4980as controlling the whole sentence, and as limiting the right to pass laws for the execution 4981of the granted powers, to such as are indispensable and without which the power would 4982be nugatory. That it excludes the choice of means, and leaves to Congress, in each case, 4983that only which is most direct and simple. 4984 4985 Is it true that this is the sense in which the word "necessary" is always used? 4986Does it always import an absolute physical necessity, so strong that one thing to which 4987another may be termed necessary cannot exist without that other? We think it does not. 4988If reference be had to its use, in the common affairs of the world or in approved authors, 4989we find that it frequently imports no more than that one thing is convenient, or useful or 4990essential to another. To employ the means necessary to an end is generally understood as 4991employing any means calculated to produce the end, and not as being confined to those 4992single means without which the end would be entirely unattainable. 4993 4994 Such is the character of human language that no word conveys to the mind, in all 4995situations, one single definite idea; and nothing is more common than to use words in a 4996figurative sense. Almost all compositions contain words which, taken in their rigorous 4997sense, would convey a meaning different from that which is obviously intended. It is 4998essential to just construction that many words which import something excessive should 4999be understood in a more mitigated sense--in that sense which common usage justifies. 5000The world "necessary" is of this description. It has not a fixed character peculiar to itself. 5001It admits of all degrees of comparison, and is often connected with other words, which 5002increase or diminish the impression the mind receives of the urgency it imports. A thing 5003may be necessary, very necessary, absolutely or indispensably necessary. To no mind 5004would the same idea be conveyed by these several phrases. 5005 5006 This comment on the word is well illustrated by the passage cited at the bar, from 5007the 10th Section of the 1st Article of the Constitution. It is, we think, impossible to 5008compare the sentence which prohibits a state from laying "imposts, or duties on imports 5009or exports, except what may be absolutely necessary for executing its inspection laws,"

258 135 259

5010with that which authorizes Congress "to make all laws which shall be necessary and 5011proper for carrying into execution" the powers of the general government, without feeling 5012a conviction that the Convention understood itself to change materially the meaning of 5013the word "necessary" by prefixing the word "absolutely." This word, then, like others, is 5014used in various senses; and, in its construction, the subject, the context, the intention of 5015the person using them are all to be taken into view. 5016 5017 Let this be done in the case under consideration. The subject is the execution of 5018those great powers on which the welfare of a nation essentially depends. It must have 5019been the intention of those who gave these powers to insure, as far as human prudence 5020could insure, their beneficial execution. This could not be done by confining the choice 5021of means to such narrow limits as not to leave it in the power of Congress to adopt any 5022which might be appropriate, and which were conducive to the end. This provision is 5023made in a constitution intended to endure for ages to come, and, consequently, to be 5024adapted to the various crises of human affairs. To have prescribed the means by which 5025government should, in all future time, execute its powers, would have been to change, 5026entirely, the character of the instrument, and give it the properties of a legal code. It 5027would have been an unwise attempt to provide, by immutable rules, for exigencies which, 5028if foreseen at all, must have been seen dimly, and which can be best provided for as they 5029occur. To have declared that the best means shall not be used, but those alone without 5030which the power given would be nugatory, would have been to deprive the legislature of 5031the capacity to avail itself of experience, to exercise its reason, and to accommodate its 5032legislation to circumstances. . . . 5033 5034 But the argument which most conclusively demonstrates the error of the 5035construction contended for by the counsel for the State of Maryland is founded on the 5036intention of he Convention, as manifested in the whole clause. To waste time and 5037argument in proving that, without it, Congress might carry its powers into execution 5038would be not much less idle than to hold a lighted taper to the sun. As little can it be 5039required to prove that, in the absence of this clause, Congress would have some choice of 5040means; that it might employ those which, in its judgment, would most advantageously 5041effect the object to be accomplished; that any means adapted to the end, any means which 5042tended directly to the execution of the constitutional powers of the government, were in 5043themselves constitutional. This clause, as construed by the State of Maryland, would 5044abridge, and almost annihilate, this useful and necessary right of the legislature to select 5045its means. That this could not be intended is, we should think, had it not been already 5046controverted, too apparent for controversy. . . . 5047 5048 The result of the most careful and attentive consideration bestowed upon this 5049clause is that if it does not enlarge, it cannot be construed to retrain the powers of 5050Congress, or to impair the right of the legislature to exercise its best judgment in the 5051selection of measures to carry into execution the constitutional powers of the 5052government. If no other motive for its insertion can be suggested, a sufficient one is 5053found in the desire to remove all doubts respecting the right to legislate on that vast mass 5054of incidental powers which must be involved in the Constitution, if that instrument be not 5055a splendid bauble.

260 136 261

5056 5057 We admit, as all must admit, that the powers of the government are limited, and 5058that its limits are not to be transcended. But we think the sound construction of he 5059Constitution must allow to the national legislature that desecration, with respect to the 5060means by which the powers it confers are to be carried into execution, which will enable 5061that body to perform the high duties assigned to it, in the manner most beneficial to the 5062people. Let the end be legitimate, let it be within the scope of the Constitution, and all 5063means which are appropriate, which are plainly adapted to that end, which are not 5064prohibited, but consist with the letter and spirit of the Constitution, are constitutional. . . . 5065 After the most deliberate consideration, it is the unanimous and decided opinion 5066of this Court that the act to incorporate the Bank of the United States is a law made in 5067pursuance of the Constitution, and is a part of the supreme law of the land. . . . 5068 5069 5070DOCUMENT 26: Excerpts from John Taylor’s 1814 “An Inquiry into the Principles and 5071Policy of the Government of the United States” 5072 5073 . . . How happens it that, while religious frauds are no longer rendered sacred by 5074calling them oracles, political fraud should be sanctified by calling it national credit? 5075Experience, it is agreed, has exploded the promises of oracles; does it not testify also to 5076those of paper stock? 5077 5078 Paper stock always promises to defend a nation and always flees from danger. 5079America and France saved themselves by physical power after danger had driven paper 5080credit out of the field. In America, so soon as the danger disappeared, paper credit loudly 5081boasted of its capacity to defend nations, and, though a deserter, artfully reaped the 5082rewards due to the conqueror. . . . 5083 5084 Whatever destroys a unity of interest between a government and a nation 5085infallibly produces oppression and hatred. Human conception is unable to invent a 5086scheme more capable of afflicting mankind with these evils than that of paper and 5087patronage. It divides a nation into two groups, creditors and debtors; the first supplying 5088its want of physical strength by alliances with fleets and armies, and practicing the most 5089unblushing corruption. A consciousness of inflicting or suffering injuries fills each with 5090malignity toward the other. This malignity first begets a multitude of penalties, 5091punishments, and executions, and then vengeance. 5092 5093 A legislature, in a nation where the system of paper and patronage prevails, will 5094be governed by that interest and legislate in its favor. It is impossible to do this without 5095legislating to the injury of the other interest, that is, the great mass of the nation. Such a 5096legislature will create unnecessary offices that themselves or their relations may be 5097endowed with them. They will lavish the revenue to enrich themselves. They will 5098borrow for the nation that they may lend. They will offer lenders great profits that they 5099may share in them. As grievances gradually excite national discontent, they will fix the 5100yoke more securely by making it gradually heavier. And they will finally avow and

262 137 263

5101maintain their corruption by establishing the irresistible standing army, not to defend the 5102nation but to defend a system for plundering the nation. 5103 5104 A uniform deception resorted to by a funding system, through legislative bodies, 5105unites with experience in testifying to its uniform corruption of legislatures. It professes 5106that its object is to pay debts. A government must either be the fraudulent instrument of 5107the system or the system a fraudulent instrument of a government, or it would not utter 5108this falsehood to deceive the people. This promise is similar to that of protecting 5109property. It promises to diminish, and accumulates; it promises to protect, and invades. 5110All political oppressors deceive in order to succeed. When did an aristocracy avow its 5111purpose? . . . 5112 5113 A nation exposed to a paroxysm of conquering rage had infinitely the advantage 5114of one subjected to this aristocrical system. One is local and temporary; the other is 5115spread by law and perpetual. One is an open robber who warns you to defend yourself; 5116the other, a sly thief who empties your pockets under a pretense of paying your debts. 5117One is a pestilence, which will end of itself; the other, a climate deadly to liberty. 5118 5119 After an invasion, suspended rights may be resumed, ruined cities rebuilt, and 5120past cruelties forgotten; but in the oppressions of the aristocracy of paper and patronage, 5121there can be no respite. So long as there is anything to get, it cannot be glutted with 5122wealth; so long as there is anything to fear, it cannot be glutted with power; other tyrants 5123die, this is immortal. . . . 5124 5125 The only two modes extant of enslaving nations are those of armies and the 5126system of paper and patronage. The European nations are subjected by both, so that their 5127chains are doubly riveted. The Americans devoted their effectual precautions to the 5128obsolete modes of title and hierarchy, erected several barriers against the army mode, and 5129utterly disregarded the mode of paper and patronage. The army mode was thought so 5130formidable that military men are excluded from legislatures and limited to charters or 5131commissions at will; and the paper mode so harmless that it is allowed to break the 5132principle of keeping legislative, executive, and the judicate powers separate and distinct, 5133to infuse itself into all these departments, to unite them in one conspiracy, and to obtain 5134charters or commissions for unrestricted terms, entrenched behind public faith and out of 5135the reach, it is said, of national will; which it may assail, wound, and destroy with 5136impunity. . . . 5137 5138 Thus, while a paper system pretends to make a nation rich and potent, it only 5139makes a minority of that nation rich and potent at the expense of the majority, which it 5140makes poor and impotent. Wealth makes a nation, a faction, or an individual powerful; 5141and, therefore, if paper systems extracted the wealth they accumulate from the winds and 5142not from property or labor, they would still be inimical to the principles of every 5143constitution founded in the idea of national will; because the subjection of a nation to the 5144will of individuals or factions is an invariable effect of great accumulation of wealth. But 5145when the accumulation of a minority impoverishes a majority, a double operation doubly 5146rivets this subjection. . . .

264 138 265

5147 5148 Hereditary aristocracy, supported by perpetuities, is preferable to a paper and 5149patronage aristocracy because its taxation would be less oppressive, since its landed 5150estate would furnish it with opulence and power; whereas eternal and oppressive taxation 5151is necessary to supply the aristocracy of paper and patronage with these vital qualities. 5152 5153

266 139 267

5154 HIS201, LESSON 16: SOME MAJOR TRENDS, 1815-1870 5155 5156 5157 NATIONALISM 5158 JACKSON WAR 5159COLONIAL REVOLU- MONROE DOCTRINE WITH 5160 LUTION LA PURCHASE MEXICO 5161 INDIAN SUBJUGATION 5162 PRELUDE 5163 TO WAR 5164-------------------------------- 5165 51661607 1765 1798 1815 1848 1861 5167 5168 FIRST AMERICA TRANSFORMED CIVIL 5169 AMERICAN WAR 5170 PARTY MARKET REVOLUTION 5171 SYSTEM TRANSPORATION REV. 3RD AM. 5172 FIRST INDUSTRIAL REV. PARTY 5173 2ND AM. PARTY SYSTEM SYSTEM 5174 COMMUNICATIONS REV. 5175 5176 5177______5178 5179 5180SOCIAL: MOVE TOWARD A MORE FREE AND EGALITARIAN SOCIETY 5181 5182POLITICAL: DISASTROUS COLLAPSE OF THE 2ND AM. PARTY SYSTEM AND WAR, 5183CONSTITUTIONAL ISSUES BECOME MORE SETTLED 5184 5185ECONOMIC: SUCCESSFUL, MASSIVE ECONOMIC GROWTH AND TRANSFORMATION, 5186CIVIL WAR SPURS GROWTH, TECHNOLOGY, AND 5187MANAGEMENT SKILLS 5188 5189DIPLOMATIC: RELATIVELY IGNORED EXCEPT FOR INDIAN SUBJUGATION 5190 5191SECTIONAL: DISASTER FOR THE NATION AS A WHOLE AND THE SOUTH IN 5192PARTICULAR (DEPENDING ON YOUR VIEWPOINT)

268 140 269

5193Market Revolution: (Summary of Charles Sellers’ The Market Revolution.) Beginning 5194around 1815, the “market revolution” refers to the economic, social, and political 5195changes that accompanied the transformation of the American economy from being 5196primarily a semi-subsistence economy, to one based on the capitalist market. It 5197dissolved deeply rooted patterns of behavior among both semi-subsistence farmers and 5198the system of apprentices, journeymen, and master craftsmen. It established capitalistic 5199hegemony (control) over the American economy, politics, and culture. It changed the 5200United States from being a democratic republic, to being a capitalistic democratic 5201republic. It changed the nature of the workplace from one where families primarily 5202worked as a unit, to one in which individual workers competed against each other. (This 5203would eventually make the American economy more competitive worldwide. Today, 5204U.S. workers are the most productive in the entire world, and also work longer hours 5205than in almost any other nation.) Under the new market based economy, workers would 5206become increasingly dependent on wage labor to earn their livings. The market placed 5207a new importance on productivity and the importance of time. This, in turn, increased 5208the amount of stress that individuals felt with a resultant huge increase in the 5209consumption of alcohol. To foster and sustain the market revolution, promotion of 5210economic growth, as exemplified by the creation of the Bank of the United States, 5211became one of the key dynamics of the national (Federal) government. Although 5212Jefferson and his fellow Democratic-Republicans tried to delay somewhat the effects of 5213the market revolution, at the state level, governments spent a huge amount of money 5214fostering the growth of transport networks so that their states could be better tied into the 5215market economy. The attendant transportation revolution made the market revolution 5216possible. At the state level, laws were rewritten to favor no-holds-barred competition 5217and the growth of a market economy.

270 141 271

5218Lesson 17: "The Market and Democratic Society" 5219 5220Assignment: 5221 5222Visions: 209-210, 212, 214-227 5223Document 27: Excerpts from Thomas Jefferson's April 22, 1820 letter to John Holmes 5224 5225Learning Objectives: 5226 52271. Define and explain the importance of boom-bust cycles. ______5228 5229______5230 5231______5232 5233______5234 5235______5236 5237______5238 52392. Explain how the market revolution affected American society and culture. 5240 5241______5242 5243______5244 5245______5246 5247______5248 5249______5250 5251______5252 52533. Explain why there was sectional conflict over the admission of Missouri, how this 5254conflict was resolved, and what it presaged for the future. 5255 5256______5257 5258______5259 5260______5261 5262______5263______

272 142 273

5264 5265______5266 52674. Explain why a more democratic system of politics arose in the 1820s and what impact 5268this trend had on national politics. 5269 5270______5271 5272______5273 5274______5275 5276______5277 5278______5279 5280______5281 52825. Based on his letter to John Holmes, what does Jefferson feel, in 1820, about the likely 5283success of the Union, and what are his views about the powers of the state and Federal 5284governments to regulate slavery? 5285 5286______5287 5288______5289 5290______5291 5292______5293 5294______5295 5296______5297

274 143 275

5298

5299 5300

276 144 277

5301Document 27: Excerpts from Thomas Jefferson's April 22, 1820 letter to John 5302Holmes (member of Congress from New England) 5303 5304I THANK YOU, dear sir, for the copy you have been so kind as to send me of the letter 5305to your constituents on the Missouri question. It is a perfect justification to them. I had 5306for a long time ceased to read newspapers, or pay any attention to public affairs, 5307confident they were in good hands, and content to be a passenger in our bark to the shore 5308from which I am not distant. But this momentous question, like a firebell in the night, 5309awakened and filled me with terror. I considered it at once as the knell of the Union. It is 5310hushed, indeed, for the moment. But this is a reprieve only, not a final sentence. A 5311geographical line, coinciding with a marked principle, moral and political, once 5312conceived and held up to the angry passions of men, will never be obliterated; and every 5313new irritation will mark it deeper and deeper. I can say, with conscious truth, that there is 5314not a man on earth who would sacrifice more than I would to relieve us from this heavy 5315reproach, in any practicable way. 5316 The cession of that kind of property, for so it is misnamed, is a bagatelle which 5317would not cost me a second thought, if, in that way, a general emancipation and 5318expatriation could be effected; and gradually, and with due sacrifices, I think it might be. 5319But as it is, we have the wolf by the ears, and we can neither hold him, nor safely let him 5320go. Justice is in one scale, and self-preservation in the other. Of one thing I am certain, 5321that as the passage of slaves from one state to another would not make a slave of a single 5322human being who would not be so without it, so their diffusion over a greater surface 5323would make them individually happier, and proportionally facilitate the accomplishment 5324of their emancipation, by dividing the burden on a greater number of coadjutors. An 5325abstinence too, from this act of power, would remove the jealousy excited by the 5326undertaking of Congress to regulate the condition of the different descriptions of men 5327composing a state. This certainly is the exclusive right of every state, which nothing in 5328the Constitution has taken from them and given to the general government. Could 5329Congress, for example, say that the non-freemen of Connecticut shall be freemen, or that 5330they shall not emigrate into any other state? 5331 5332 I regret that I am now to die in the belief that the useless sacrifice of themselves 5333by the generation of 1776, to acquire self-government and happiness to their country, is 5334to be thrown away by the unwise and unworthy passions of their sons, and that my only 5335consolation is to be that I live not to weep over it. If they would but dispassionately 5336weigh the blessings they will throw away against an abstract principle more likely to be 5337effected by union than by scission, they would pause before they would perpetrate this 5338act of suicide on themselves, and of treason against the hopes of the world. To yourself, 5339as the faithful advocate of the Union, I tender the offering of my high esteem and respect. 5340 5341

278 145 279

5342Lesson 18: "The Age of Jackson" 5343 5344Assignment: 5345 5346Visions: 215-216, 227-253 5347Document 28: John C. Calhoun's Fort Hill Address 5348Document 29: Excerpts from Andrew Jackson's Proclamation to the People of South 5349 Carolina 5350 5351Learning Objectives: 5352 53531. Describe Jackson’s principles and how he symbolized the democratic or common 5354man. 5355 5356______5357 5358______5359 5360______5361 5362______5363 5364______5365 5366______5367 53682. In Jacksonian America describe how minorities (African Americans and Native 5369Americans) were treated by the government and society. Why were they treated that 5370way? What does this treatment say about American society and culture? 5371 5372______5373 5374______5375 5376______5377 5378______5379 5380______5381 5382______5383 53843. Explain the origins of the nullification crisis, and evaluate the argument John C. 5385Calhoun makes for, and Andrew Jackson makes against, nullification. 5386 5387______

280 146 281

5388 5389______5390 5391______5392 5393______5394 5395______5396 5397______5398 53994. Use republican ideology to explain why Jackson so opposed the Second Bank of the 5400United States. 5401 5402______5403 5404______5405 5406______5407 5408______5409 5410 5411______5412 5413______5414 54155. Explain how and why the Second American Party System arose during the election of 54161836. Describe the differences and similarities in ideological support for the Whigs and 5417Democrats. 5418 5419______5420 5421______5422 5423______5424 5425______5426 5427______5428 5429______5430 54316. Explain the extent to which Jackson transformed the presidency. 5432 5433______

282 147 283

5434 5435______5436 5437______5438 5439______5440 5441______5442 5443______5444 5445Document 28: John C. Calhoun's 1831 Fort Hill Address 5446 5447The great and leading principle is, that the General Government emanated from the 5448people of the several States, forming distinct political communities, and acting in their 5449separate and sovereign capacity, and not from all of the people forming one aggregate 5450political community; that the Constitution of the United States is, in fact, a compact, to 5451which each State is a party, in the character already described; and that the several States, 5452or parties, have a right to judge of its infractions; and in case of a deliberate, palpable, 5453and dangerous exercise of power not delegated, that they have the right, in the last resort, 5454to use the language of the Virginia Resolutions, "to interpose for arresting the progress 5455of the evil, and for maintaining, within their respective limits, the authorities, rights, and 5456liberties appertaining to them." This right of interposition, thus solemnly asserted by the 5457State of Virginia, be it called what it may, --State-right, veto, nullification, or by any 5458other name, --I conceive to be the fundamental principle of our system, resting on facts 5459historically as certain as our revolution itself, and deductions as simple and demonstrative 5460as that of any political or moral truth whatever; and I firmly believe that on its 5461recognition depend the stability and safety of our political institutions. 5462 I am not ignorant that those opposed to the doctrine have always, now and 5463formerly, regarded it in a very different light, as anarchial and revolutionary. . . . I have 5464examined, with the utmost care, the bearing of the doctrine in question; and, so far from 5465anarchial or revolutionary, I solemnly believed it to be the only solid foundation of our 5466system, and of the Union itself; and that the opposite doctrine, which denies to the States 5467the right of protecting their reserved powers, and which would vest in the General 5468Government (it matters not through what department) the right of determining, 5469exclusively and finally, the powers delegated to it, is incompatible with the sovereignty 5470of the States, and of the Constitution itself, considered as the basis of a Federal Union. 5471As strong as this language is, it is not stronger than that used by the illustrious Jefferson, 5472who said, to give to the General Government the final and exclusive right to judge of its 5473powers, is to make "its discretion, and not the Constitution, the measure of its powers;" 5474and that, "in all cases of compact between parties having no common judge, each party 5475has an equal right to judge for itself, as well of the infractions as of the mode and 5476measure of redress." Language cannot be more explicit, nor can higher authority be 5477adduced. . . . 5478 To realize its perfection, we must view the General Government and those of the 5479States as a whole, each in its proper sphere independent; each perfectly adapted to its

284 148 285

5480respective objects; the States acting separately, representing and protecting the local and 5481peculiar interests; and acting jointly through one General Government, with the weight 5482respectively assigned to each by the Constitution, representing and protecting the interest 5483of the whole; and thus perfecting, by an admirable but simple arrangement, the great 5484principle of representation and responsibility, without which no government can be free 5485or just. To preserve this sacred distribution as originally settled, by coercing each to 5486move in its prescribed orbit, is the great and difficult problem, on the solution of which 5487the duration of our Constitution, of our Union, and, in all probability, our liberty depends. 5488 5489Document 29: Excerpts from Andrew Jackson's 1832 Proclamation to the People of 5490South Carolina 5491 5492 Whereas, a convention assembled in the state of South Carolina have passed an 5493ordinance by which they declare "that the several acts and parts of acts of the Congress of 5494the United States purporting to be laws for the imposing of duties and imposts on the 5495importation of foreign commodities and now having actual operation and effect within 5496the United States, and more especially" two acts for the same purposes passed on the 29th 5497of May, 1828, and on the 14th of July, 1832, are unauthorized by the Constitution of the 5498United States, and violate the true meaning and intent thereof, and are null and void and 5499no law, nor binding on the citizens of that state or its officers; and by the said ordinance it 5500is further declared to be unlawful for any of the constituted authorities of the state or of 5501the United States to enforce the payment of the duties imposed by the said acts within the 5502same state, and that it is the duty of the legislature to pass such laws as may be necessary 5503to give full effect to the said ordinance; and 5504 Whereas, by the said ordinance it is further ordained that in no case of law or 5505equity decided in the courts of said state wherein shall be drawn in question the validity 5506of the said ordinance, or of the acts of the legislature that may be passed to give it effect, 5507or of the said laws of the United States, no appeal shall be allowed to the Supreme Court 5508of the United States, nor shall any copy of the record be permitted or allowed for that 5509purpose, and that any person attempting to take such appeal shall be punished as for 5510contempt of court; and, finally, the said ordinance declares that the people of South 5511Carolina will maintain the said ordinance at every hazard, and that they will consider the 5512passage of any act by Congress abolishing or closing the ports of said state or otherwise 5513obstructing the free ingress or egress of vessels to and from the said ports, or any other 5514act of the federal government to coerce the state, shut up her ports, destroy or harass her 5515commerce, or to enforce the said acts, otherwise than through the civil tribunals of the 5516country, as inconsistent with the longer continuance of South Carolina in the Union, and 5517that the people of the said state will thenceforth hold themselves absolved from all further 5518obligation to maintain or preserve their political connection with the people of the other 5519states, and will forthwith proceed to organize a separate government and do all other acts 5520and things which sovereign and independent states may of right do; and 5521 Whereas, the said ordinance prescribes to the people of South Carolina a course of 5522conduct in direct violation of their duty as citizens of the United States, contrary to the 5523laws of their country, subversive of its Constitution, and having for its object the 5524destruction of the Union. . . . to preserve this bond of our political existence from 5525destruction, to maintain inviolate this state of national honor and prosperity, and to justify

286 149 287

5526the confidence my fellow citizens have reposed in me, I, Andrew Jackson, President of 5527the United States, have thought proper to issue this my proclamation, stating my views of 5528the Constitution and laws applicable to the measures adopted by the convention of South 5529Carolina and to the reasons they have put forth to sustain them, declaring the course 5530which duty will require me to pursue, and appealing to the understanding and patriotism 5531of the people, warn them of the consequences that must inevitably result from an 5532observance of the dictates of the convention. . . . 5533 5534 Look for a moment to the consequence. If South Carolina considers the revenue 5535laws unconstitutional and has a right to prevent their execution in the port of Charleston, 5536there would be a clear constitutional objection to their collection in every other port; and 5537no revenue could be collected anywhere, for all imposts must be equal. It is no answer to 5538repeat that an unconstitutional law is no law so long as the question of its legality is to be 5539decided by the state itself, for every law operating injuriously upon any local interest will 5540be perhaps thought, and certainly represented, as unconstitutional, and, as has been 5541shown, there is no appeal. 5542 If this doctrine had been established at an earlier day, the Union would have been 5543dissolved in its infancy. . . 5544 5545 Under the Confederation, then, no state could legally annul a decision of the 5546Congress or refuse to submit to its execution; but no provision was made to enforce these 5547decisions. Congress made requisitions, but they were not complied with. The 5548government could not operate on individuals. They had no judiciary, no means of 5549collecting revenue. 5550 But the defects of the Confederation need not be detailed. Under its operation we 5551could scarcely be called a nation. We had neither prosperity at home nor consideration 5552abroad. This state of things could not be endured, and our present happy Constitution 5553was formed but formed in vain if this fatal doctrine prevails. . . . 5554 5555 I consider, then, the power to annul a law of the United States, assumed by one 5556state, incompatible with the existence of the Union, contradicted expressly by the letter of 5557the Constitution, unauthorized by its spirit, inconsistent with every principle on which it 5558was founded, and destructive of the great object for which it was formed. . . . 5559 Our Constitution does not contain the absurdity of giving power to make laws and 5560another to resist them. The sages whose memory will always be reverenced have given 5561us a practical and, as they hoped, a permanent constitutional compact. The father of his 5562country did not affix his revered name to so palpable an absurdity. Nor did the states, 5563when they severally ratified it, do so under the impression that a veto on the laws of the 5564United States was reserved to them or that they could exercise it by implication. Search 5565the debates in all their conventions, examine the speeches of the most zealous opposers of 5566federal authority, look at the amendments that were proposed; they are all silent -- not a 5567syllable uttered, not a vote given, not a motion made to correct the explicit supremacy 5568given to the laws of the Union over those of the states, or to show that implication, as is 5569now contended, could defeat it. 5570 No; we have not erred. The Constitution is still the object of our reverence, the 5571bond of our Union, our defense in danger, the source of our prosperity in peace. It shall

288 150 289

5572descend, as we have received it, uncorrupted by sophistical construction, to our posterity; 5573and the sacrifices of local interests, of state prejudices, of personal animosities that were 5574made to bring it into existence will again be patriotically offered for its support. . . . 5575 5576 This right to secede is deduced from the nature of the Constitution, which, they 5577say, is a compact between sovereign states who have preserved their whole sovereignty 5578and therefore are subject to no superior; that because they made the compact they can 5579break it when in their opinion it has been departed from by the other states. Fallacious as 5580this course of reasoning is, it enlists state pride and finds advocates in the honest 5581prejudices of those who have not studied the nature of our government sufficiently to see 5582the radical error on which it rests. . . . 5583 5584 The Constitution of the United States, then, forms a government, not a league; and 5585whether it be formed by compact between the states or in any other manner, its character 5586is the same. It is a government in which all the people are represented, which operates 5587directly on the people individually, not upon the states; they retained all the power they 5588did not grant. But each state, having expressly parted with so many powers as to 5589constitute, jointly with the other states, a single nation, cannot, from that period, possess 5590any right to secede, because such secession does not break a league but destroys the unity 5591of a nation; and any injury to that unity is not only a breach which would result from the 5592contravention of a compact but it is an offense against the whole Union. 5593 To say that any state may at pleasure secede from the Union is to say that the 5594United States are not a nation, because it would be a solecism to contend that any part of 5595a nation might dissolve its connection with the other parts, to their injury or ruin, without 5596committing any offense. Secession, like any other revolutionary act, may be morally 5597justified by the extremity of oppression; but to call it a constitutional right is confounding 5598the meaning of terms, and can only be done through gross error or to deceive those who 5599are willing to assert a right, but would pause before they made a revolution or incur the 5600penalties consequent on a failure. 5601 Because the Union was formed by a compact, it is said the parties to that compact 5602may, when they feel themselves aggrieved, depart from it; but it is precisely because it is 5603a compact that they cannot. A compact is an agreement or binding obligation. It may by 5604its terms have a sanction or penalty for its breach, or it may not. If it contains no 5605sanction, it may be broken with no other consequence than moral guilt; if it have a 5606sanction, then the breach incurs the designated or implied penalty. A league between 5607independent nations generally has no sanction other than a moral one; or if it should 5608contain a penalty, as there is no common superior it cannot be enforced. A government, 5609on the contrary, always has a sanction, express or implied; and in our case it is both 5610necessarily implied and expressly given. An attempt by force of arms to destroy a 5611government is an offense, by whatever means the constitutional compact may have been 5612formed; and such government has the right by the law of self-defense to pass acts for 5613punishing the offender, unless that right is modified, restrained, or resumed by the 5614constitutional act. In our system, although it is modified in the case of treason, yet 5615authority is expressly given to pass all laws necessary to carry its powers into effect, and 5616under this grant provision has been made for punishing acts which obstruct the due 5617administration of the laws.

290 151 291

5618 It would seem superfluous to add anything to show the nature of that Union which 5619connects us, but as erroneous opinions on this subject are the foundation of doctrines the 5620most destructive to our peace, I must give some further development to my views on this 5621subject. No one, fellow citizens, has a higher reverence for the reserved rights of the 5622states than the magistrate who now addresses you. No one would make greater personal 5623sacrifices or official exertions to defend them from violation; but equal care must be 5624taken to prevent, on their part, an improper interference with or resumption of the rights 5625they have vested in the nation. The line has not been so distinctly drawn as to avoid 5626doubts in some cases of the exercise of power. Men of the best intentions and soundest 5627views may differ in their construction of some parts of the Constitution; but there are 5628others on which dispassionate reflection can leave no doubt. 5629 Of this nature appears to be the assumed right of secession. It rests, as we have 5630seen, on the alleged undivided sovereignty of the states and on their having formed in this 5631sovereign capacity a compact which is called the Constitution, from which, because they 5632made it, they have the right to secede. Both of these positions are erroneous, and some of 5633the arguments to prove them so have been anticipated. 5634 The states severally have not retained their entire sovereignty. It has been shown 5635that in becoming parts of a nation, not members of a league, they surrendered many of 5636their essential parts of sovereignty. The right to make treaties, declare war, levy taxes, 5637exercise exclusive judicial and legislative powers were all of them functions of sovereign 5638power. The states, then, for all these important purposes, were no longer sovereign. The 5639allegiance of their citizens was transferred, in the first instance, to the government of the 5640United States; they became American citizens and owed obedience to the Constitution of 5641the United States and to laws made in conformity with the powers it vested in Congress. . 5642. . 5643 This, then, is the position in which we stand. A small majority of the citizens of 5644one state in the Union have elected delegates to a state convention; that convention has 5645ordained that all the revenue laws of the United States must be repealed, or that they are 5646no longer a member of the Union. The governor of that state has recommended to the 5647legislature the raising of an army to carry the secession into effect, and that he may be 5648empowered to give clearances to vessels in the name of the state. No act of violent 5649opposition to the laws has yet been committed, but such a state of things is hourly 5650apprehended. And it is the intent of this instrument to proclaim, not only that the duty 5651imposed on me by the Constitution "to take care that the laws be faithfully executed" 5652shall be performed to the extent of the powers already vested in me by law, or of such 5653others as the wisdom of Congress shall devise and intrust to me for that purpose, but to 5654warn the citizens of South Carolina who have been deluded into an opposition to the laws 5655of the danger they will incur by obedience to the illegal and disorganizing ordinance of 5656the convention; to exhort those who have refused to support it to persevere in their 5657determination to uphold the Constitution and laws of their country; and to point out to all 5658the perilous situation into which the good people of that state have been led, and that the 5659course they are urged to pursue is one of ruin and disgrace to the very state whose rights 5660they affect to support. . . . 5661 Disunion by armed force is treason. Are you really ready to incur its guilt? If 5662you are, on the heads of the instigators of the act be the dreadful consequences; on their 5663heads be the dishonor, but on yours may fall the punishment. On your unhappy state will

292 152 293

5664inevitably fall all the evils of the conflict you force upon the government of your country. 5665It cannot accede to the mad project of disunion, of which you would be the first victims. 5666Its first magistrate cannot, if he would, avoid the performance of his duty. . . . 5667 Fellow citizens of the United States, the threat of unhallowed disunion, the names 5668of those once respected by who it is uttered, the array of military force to support it, 5669denote the approach of a crisis in our affairs on which the continuance of our unexampled 5670prosperity, our political existence, and perhaps that of all free governments may depend. 5671The conjuncture demanded a free, a full and explicit enunciation, not only of my 5672intentions, but of my principles of action; and as the claim was asserted of a right by a 5673state to annul the laws of the Union, and even to secede from it at pleasure, a frank 5674exposition of my opinions in relation to the origin and forms of our government and the 5675construction I give to the instrument by which it was created seemed to be proper. 5676 Having the fullest confidence in the justness of the legal and constitutional 5677opinion of my duties which has been expressed, I rely with equal confidence on your 5678undivided support in my determination to execute the laws, to preserve the Union by all 5679constitutional means, to arrest, if possible, by moderate and firm measures the necessity 5680of a recourse to force; and if it be the will of Heaven that the recurrence of its primeval 5681curse on man for the shedding of a brother's blood should fall upon our land, that it be not 5682called down by any offensive act on the part of the United States. 5683 Fellow citizens, the momentous case is before you. On your undivided support of 5684your government depends the decision of the great question it involves -- whether your 5685sacred Union will be preserved and the blessing it secures to us as one people shall be 5686perpetuated. 5687

294 153 295

5688Lesson 19: "The Fires of Perfection" 5689 5690Assignment: 5691 5692Visions: 282-315 5693Document 30: Sarah Grimke's 1838 "Legal Disabilities of Women" 5694Document 31: Excerpts from the 1848 Seneca Falls Woman's Rights Convention Report 5695 5696Learning Objectives: 5697 56981. Explain how Evangelical Protestantism, Romanticism, the Reform Impulse, Abolition- 5699ism, demographic change, and the effects of the Market Revolution interacted to trans- 5700form American society and culture from 1820 to 1860, and contributed to the end of the 5701Second American Party system. 5702 5703______5704 5705______5706 5707______5708 5709______5710 5711______5712 5713______5714 5715______5716 5717______5718 57192. Based on your reading of Sarah Grimke's letter, what were the dominant cultural 5720attitudes toward women in mid-nineteenth century America? 5721 5722______5723 5724______5725 5726______5727 5728______5729 5730______5731 5732______5733

296 154 297

57343. What were the main grievances in the 1848 Seneca Falls Woman's Rights Convention 5735Report, and what were the proposed remedies? Based on your reading of the document, 5736to what extent was there gender equality in the mid-nineteenth century? 5737 5738______5739 5740______5741 5742______5743 5744______5745 5746______5747 5748______

298 155 299

5749Document 30: Sarah Grimke, "Legal Disabilities of Women," 1838 5750 5751 5752 There are few things which present greater obstacles to the improvement and 5753elevation of women to her appropriate sphere of usefulness and duty, than the laws which 5754have been enacted to destroy her independence, and crush her individuality; laws which, 5755although they are framed for her government, she has had no voice in establishing, and 5756which rob her of some of her essential rights. Woman has no political existence. With 5757the single exception of presenting a petition to the legislative body, she is a cipher in the 5758nation; or, if not actually so in representative governments, she is only counted, like the 5759slaves of the South, to swell the number of law-makers who form decrees for her 5760government, with little reference to her benefit, except so far as her good may promote 5761their own. . . . 5762 5763 Blackstone, in the chapter entitled 'Of husband and Wife,' says: -- 5764 5765 By marriage, the husband and wife are one person in law; that is, the very 5766 being, or legal existence of the woman is suspended during the marriage, 5767 or at least is incorporated and consolidated into that of the husband under 5768 whose wing, protection and cover she performs everything. . . . 5769 5770 Here now, the very being of a woman, like that of a slave, is absorbed in her 5771master. All contracts made with her, like those made with slaves by their owners, are a 5772mere nullity. Our kind defenders have legislated away almost all our legal rights, and in 5773the true spirit of such injustice and oppression, have kept us in ignorance of those very 5774laws by which we are governed. They have persuaded us, that we have no right to 5775investigate the laws, and that, if we did, we could not comprehend them; they alone are 5776capable of understanding the mysteries of Blackstone, & c. But they are not backward to 5777make us feel the practical operation of their power over our actions. 5778 5779 The husband is bound to provide his wife with necessaries by law, as much 5780 as himself; and if she contracts debts for them, he is obliged to pay for them; 5781 but for anything besides necessaries, he is not chargeable. 5782 5783 Yet a man may spend the property he has acquired by marriage at the ale-house, 5784the gambling table, or in any other way that he pleases. Many instances of this kind have 5785come to my knowledge; and the women, who have brought their husbands handsome for- 5786tunes, have been left, in consequence of the wasteful and dissolute habits of their hus- 5787bands, in straitened circumstances, and compelled to toil for the support of their 5788families. . 5789 5790 The husband, by the old law might give his wife moderate correction, as 5791 he is to answer for her misbehavior. The law thought it reasonable to 5792 entrust him with this power of restraining her domestic chastisement. 5793 The courts of law will still permit a husband to restrain a wife of her 5794 liberty, in case of any gross misbehavior.

300 156 301

5795 5796 What a mortifying proof this law affords, of the estimation in which woman is 5797held! She is placed completely in the hands of a being subject like herself to the 5798outbursts of passion, and unworthy to be trusted with power. Perhaps I may be told 5799respecting this law, that it is a dead letter, as I am sometimes told about the slave laws; 5800but this is not true in either case. The slaveholder does kill his slave by moderate 5801correction, as the law allows; and many a husband, among the poor, exercises the right 5802given him by the law, of degrading women by personal chastisement. And among the 5803higher ranks, if actual imprisonment is not resorted to, women are not unfrequently 5804restrained of the liberty of going to places of worship by irreligious husbands, and of 5805doing many other things about which, as moral and responsible beings, they should be the 5806sole judges. . . . 5807 5808 And farther, all the avails of her labor are absolutely in the power of her husband. 5809All that she acquires by her industry is his; so that she cannot, with her own honest 5810earnings, become the legal purchases of any property. If she expends her money for 5811articles of furniture, to contribute to the comfort of her family, they are liable to be seized 5812for her husbands debts: and I know an instance of a woman, who by labor and economy 5813had scraped together a little maintenance for herself and do-little husband, who was left, 5814at his death, by virtue of his last will and testament, to be supported by charity. I knew 5815another woman, who by great industry had acquired a little money which she deposited in 5816a bank for safe keeping. She has saved this pittance whilst able to work, in hopes that 5817when age or sickness disqualified her for exertion, she might have something to render 5818life comfortable, without being a burden to her friends. Her husband, a worthless, idle 5819man, discovered this hid treasure, drew her little stock from the bank, and expended it all 5820in extravagance and vicious indulgence. . . . 5821 5822 As these abuses do exist, and women suffer intensely from them, our brethren are 5823called upon in this enlightened age, by every sentiment of honor, religion and justice, to 5824repeal these unjust and unequal laws, and restore to women those rights which they have 5825wrested from her. Such laws approximate too nearly to the laws enacted by slaveholders 5826for the government of their slaves, and must end to debase and depress the mind of that 5827being, whom God created as a help meet for man, or 'helper like unto himself,' and 5828designed to be his equal and his companion. Until such laws are annulled, woman never 5829can occupy that exalted station for which she was intended by her Maker. 5830

302 157 303

5831 5832Document 31: Extracts from the Report of the July 19th and 20th, 1848 Seneca Falls, New 5833York, Woman's Rights Convention. 5834 5835Whereas, the great precept of nature is conceded to be; "that man shall pursue his own true and 5836substantial happiness." Blackstone, in his Commentaries, remarks, that this law of Nature being 5837coeval with mankind, and dictated by God himself, is of course superior in obligation to any 5838other. It is binding over all the globe, in all countries, and at all times; not human laws are of any 5839validity if contrary to this, and such of them as are valid, derive all their force, and all their 5840validity, and all their authority, mediately and immediately, from this original; Therefore, 5841 5842Resolved, That such laws as conflict, in any way, with the true and substantial happiness of 5843woman, are contrary to the great precept of nature, and of no validity; for this is "superior in 5844obligation to any other." 5845Resolved, That all laws which prevent woman from occupying such a station in society as her 5846conscience shall dictate, or which place her in a position inferior to that of man, are contrary to 5847the great precept of nature, and therefore of no force or authority. 5848 5849Resolved, That woman is man’s equal—was intended to be so by the Creator, and the highest 5850good of the race demands that she should be recognized as such. 5851 5852Resolved, That the women of this country ought to be enlightened in regard to the laws under 5853which they live, that they may no longer publish their degradation, by declaring themselves 5854satisfied with their present position, not their ignorance, by asserting that they have all the rights 5855they want. 5856 5857Resolved, That inasmuch as man, while claiming for himself intellectual superiority, does accord 5858to woman moral superiority, it is pre-eminently his duty to encourage her to speak, and teach as 5859she has an opportunity, in all religious assemblies. 5860 5861Resolved, That the same amount of virtue, delicacy, and refinement of behavior, that is required 5862of woman in the social state, should also be required of man, and the same transgressions should 5863be visited with equal severity on both man and woman. 5864 5865Resolved, That the objection of indelicacy and impropriety, which is so often brought against 5866woman when she addresses a public audience, comes with a very ill grace from those who 5867encourage, by their attendance, her appearance on the stage, in the concert, or in the feats of the 5868circus. 5869 5870Resolved, That woman has too long rested satisfied in the circumscribed limits which corrupt 5871customs and a perverted application of the Scriptures have marked out for her, and that it is time 5872she should move in the enlarged sphere which her great Creator has assigned her. 5873 5874Resolved, That it is the duty of the women of this country to secure to themselves their sacred 5875right to the elective franchise. 5876 5877Resolved, That the equality of human rights results necessarily from the fact of the identity of the 5878race in capabilities and responsibilities. 5879

304 158 305

5880Resolved, Therefore, That, being invested by the Creator with the same capabilities, and the same 5881consciousness of responsibility for their exercise, it is demonstrably the right and duty of woman, 5882equally with man, to promote every righteous cause, by every righteous means; and especially in 5883regard to the great subjects of morals and religion, it is self-evidently her right to participate with 5884her brother in teaching them, both in private and in public, by writing and by speaking, by any 5885instrumentalities proper to be used, and in any assemblies proper to be held; and this being a self- 5886evident truth, growing out of the divinely implanted principles of human nature, and custom or 5887authority adverse to it, whether modern or wearing the hoary sanction of antiquity, is to be 5888regarded as self-evident falsehood, and at war with the interests of mankind. . . . 5889 DECLARATION OF SENTIMENTS 5890 5891When, in the course of human events, it becomes necessary for one portion of the family of man 5892to assume among the people of the earth a position different from that which they have hitherto 5893occupied, but one to which the laws of nature and of nature’s God entitle them, a decent respect 5894to the opinions of mankind requires that they should declare the causes that impel them to such a 5895course. 5896 5897We hold these truths to be self-evident; that all men and women are created equal; that they are 5898endowed by their Creator with certain inalienable rights; that among these are life, liberty, and the 5899pursuit of happiness; that to secure these rights governments are instituted, deriving their just 5900powers from the consent of the governed. Whenever any form of Government becomes 5901destructive of these ends, it is the right of those who suffer from it to refuse allegiance to it, and 5902to insist upon the institution of a new government, laying its foundation on such principles, and 5903organizing its powers in such form as to them shall seem most likely to effect their safety and 5904happiness. Prudence, indeed, will dictate that governments long established should not be 5905changed for light and transient causes; and accordingly, all experience hath shown that mankind 5906are more disposed to suffer, while evils are sufferable, than to right themselves, by abolishing the 5907forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing 5908invariably the same object, evinces a design to reduce them under absolute despotism, it is their 5909duty to throw off such government, and to provide new guards for their future security. Such has 5910been the patient sufferance of the women under this government, and such is now the necessity 5911which constrains them to demand the equal station to which they are entitled. 5912 5913The history of mankind is a history of repeated injuries and usurpations on the part of man toward 5914woman, having in direct object the establishment of an absolute tyranny over her. To prove this, 5915let facts be submitted to a candid world. 5916 5917He has never permitted her to exercise her inalienable right to the elective franchise. 5918 5919He has compelled her to submit to laws, in the formation of which she had no voice. 5920 5921He has withheld from her rights which are given to the most ignorant and degraded men—both 5922natives and foreigners. 5923 5924Having deprived her of this first right of a citizen, the elective franchise, thereby leaving her 5925without representation in the halls of legislation, he has oppressed her on all sides. 5926 5927He has made her, if married, in the eye of the law, civilly dead. 5928 5929He has taken from her all right in property, even to the wages she earns. 5930

306 159 307

5931He has made her, morally, an irresponsible being, as she can commit many crimes, with 5932impunity, provided they be done in the presence of her husband. In the covenant of marriage, she 5933is compelled to promise obedience to her husband, he becoming, to all intents and purposes, her 5934master—the law giving him power to deprive her of her liberty, and to administer chastisement. 5935 5936He has so framed the laws of divorce, as to what shall be the proper causes of divorce; in case of 5937separation, to whom the guardianship of the children shall be given, as to be wholly regardless of 5938the happiness of women—the law, in all cases, going upon the false supposition of the supremacy 5939of man, and giving all power into his hands. 5940 5941After depriving her of all rights as a married woman, if single and the owner of property, he has 5942taxed her to support a government which recognizes her only when her property can be made 5943profitable to it. 5944 5945He has monopolized nearly all the profitable employments, and from those she is permitted to 5946follow, she receives but a scanty remuneration. 5947 5948He closes against her all the avenues to wealth and distinction, which he considers most 5949honorable to himself. As a teacher of theology, medicine, or law, she is not known. 5950 5951He has denied her the facilities for obtaining a thorough education—all colleges being closed 5952against her. 5953 5954He allows her in Church as well as State, but a subordinate position, claiming Apostolic authority 5955for her exclusion from the ministry, and with some exceptions, from any public participation in 5956the affairs of the Church. 5957 5958He has created a false public sentiment, by giving to the world a different code of morals for men 5959and women, by which moral delinquencies which exclude women from society, are not only 5960tolerated but deemed of little account in man. 5961 5962He has usurped the prerogative of Jehovah himself, claiming it as his right to assign for her a 5963sphere of action, when that belongs to her conscience and her God. 5964 5965He has endeavored, in every way that he could to destroy her confidence in her own powers, to 5966lessen her self-respect, and to make her willing to lead a dependent and abject life. 5967 5968Now, in view of this entire disfranchisement of one-half the people of this country, their social 5969and religious degradation,—in view of the unjust laws above mentioned, and because women do 5970feel themselves aggrieved, oppressed, and fraudulently deprived of their most sacred rights, we 5971insist that they have immediate admission to all the rights and privileges which belong to them as 5972citizens of these United States. 5973 5974In entering upon the great work before us, we anticipate no small amount of misconception, 5975misrepresentation, and ridicule; but we shall use every instrumentality within our power to effect 5976our object. 5977 5978We shall employ agents, circulate tracts, petition the State and national Legislatures, and 5979endeavor to enlist the pulpit and the press in our behalf. We hope this Convention will be 5980followed by a series of Conventions, embracing every part of the country. 5981

308 160 309

5982Firmly relying upon the final triumph of the Right and the True, we do this day affix our 5983signatures to this declaration.

310 161 311

5984

5985

312 162 313

5986Note: The Webster-Hayne debates took place on the floor of the United States Senate from January 19-27, 59871830. The debate was initially over a plan to curtail western land sales. It evolved, however, into a 5988discussion of the true nature of the national government. The following passages are excerpts from the 5989debate, focusing on the discussion over the nature of the national government, slavery, and the implications 5990of the Hartford Convention. 5991 5992Document 32: Excerpts from South Carolina Senator Robert Hayne’s remarks in 5993the United States Senate, January 21, 1830 5994 5995 . . . We are ready to make up the issue with the gentleman [Senator Daniel 5996Webster of Massachusetts], as to the influence of slavery on individual or national 5997character—on the prosperity and greatness, either of the United States or of particular 5998states. Sir, when arraigned before the bar of public opinion, on this charge of slavery, we 5999can stand up with conscious rectitude, plead not guilty, and put ourselves upon God and 6000our country. Sir, we will not consent to look at slavery in the abstract. We will not stop 6001to inquire whether the black man, as some philosophers have contended, is of an inferior 6002race, nor whether his color and condition are the effects of a curse inflicted for the 6003offences of his ancestors. We deal in no abstractions. We will not look back to inquire 6004whether our fathers were guiltless in introducing slaves into this country. If an inquiry 6005should ever be instituted in these matters, however, it will be found that the profits of the 6006slave trade were not confined to the south. Southern ships and southern sailors were not 6007the instruments of bringing slaves to the shores of America, nor did our merchants reap 6008the profits of that “accursed traffic.” But, sir, we will pass over all this. If slavery, as it 6009now exists in this country, be an evil, we of the present day found it ready made to our 6010hands. Finding our lot cast among a people whom God had manifestly committed to our 6011care, we did not sit down to speculate on abstract questions of theoretical liberty. We met 6012it as a practical question of obligation and duty. We resolved to make the best of the 6013situation in which Providence had placed us, and to fulfill the high trusts which had 6014devolved up us as the owners of slaves, in the only way in which such a trust could be 6015fulfilled, without spreading misery and ruin throughout our land. We found that we had 6016to deal with a people whose physical, moral, and intellectual habits and character totally 6017disqualified them from the enjoyment of the blessings of freedom. We could not send 6018them back to the shores from whence their fathers had been taken; their numbers forbade 6019the thought, even if we did not know that their condition here is infinitely preferable to 6020what it possibly could be among the barren sands and savage tribes of Africa; and it was 6021wholly irreconcilable with all our notions of humanity to tear asunder the tender ties 6022which they had formed among us, to gratify the feelings of a false philanthropy. What a 6023commentary on the wisdom, justice, and humanity of the southern slave owner is 6024presented by the example of certain benevolent associations and charitable individuals 6025elsewhere! Shedding weak tears over sufferings which had existence in their own sickly 6026imaginations, these “friends of humanity” set themselves systematically to work to 6027seduce the slaves of the south from their masters. By means of missionaries and political 6028tracts, the scheme was in a great measure successful. Thousands of these deluded victims 6029of fanaticism were seduced into the enjoyment of freedom in our northern cities. And 6030what has been the consequence? Go to these cities now and ask the question. Visit the 6031dark and narrow lanes, and obscure recesses, which have been assigned by common 6032consent as the abodes of those outcasts of the world, the free people of color. Sir, there

314 163 315

6033does not exist, on the face of the whole earth, a population so poor, so wretched, so vile, 6034so loathsome, so utterly destitute of all the comforts, conveniences, and decencies of life, 6035as the unfortunate blacks of Philadelphia, and New York, and Boston. Liberty has been 6036to them the greatest of calamities, the heaviest of curses. Sir, I have had some 6037opportunities of making comparison between the condition of the free Negroes of the 6038north and the slaves of the south, and the comparison has left not only an indelible 6039impression of the superior advantage of the latter, but has gone far to reconcile me to 6040slavery itself. Never have I felt so forcibly that touching description, “the foxes have 6041holes, and the birds of the air have nests, but the Son of man hath not where to lay his 6042head,” as when I have seen this unhappy race, naked and houseless, almost starving in the 6043streets, and abandoned by all the world. Sir, I have seen in the neighborhood of one of 6044the most moral, religious, and refined cities of the north, a family of free blacks, driven to 6045the caves of the rocks, and there obtaining a precarious subsistence from charity and 6046plunder. 6047 When the gentleman from Massachusetts [Senator Webster] adopts and reiterates 6048the old charge of weakness as resulting from slavery, I must be permitted to call for the 6049proof of those blighting effects which he ascribes to its influence. I suspect that when the 6050subject is closely examined, it will be found that there is not much force even in the 6051plausible objection of the want of physical power in slaveholding states. The power of a 6052country is compounded of its population and its wealth, and in modern times, where, 6053from the very form and structure of society, by far the greater portion of the people must, 6054even during the continuance of the most desolating wars, be employed in the cultivation 6055of the soil and other peaceful pursuits, it may be well doubted whether slaveholding 6056states, by reason of the superior value of their productions, are not able to maintain a 6057number of troops in the field fully equal to what could be supported by states with a 6058larger white population, but not possessed of equal resources. 6059 It is a popular error to suppose that, in any possible state of things, the people of a 6060country could ever be called out en masse, or that a half, or a third, or even a fifth part of 6061the physical force of any country could ever be brought into the field. The difficulty is, 6062not to procure men, but to provide the means of maintaining them; and in this view of the 6063subject it may be asked whether the Southern States are not a source of strength and 6064power, and not of weakness, to the country—whether they have not contributed, and are 6065not now contributing, largely to the wealth and prosperity of every state in this Union. 6066From a statement which I hold in my hand, it appears that in ten years—from 1818 to 60671827, inclusive—the whole amount of the domestic exports of the United States was 6068$521,811,045; of which three articles, (the product of slave labor,) viz., cotton, rice, and 6069tobacco, amounted to $339,203,232—equal to about two thirds of the whole. It is not 6070true, as has been supposed, that the advantage of this labor is confined almost exclusively 6071to the Southern States. Sir, I am thoroughly convinced that, at this time, the states north 6072of the Potomac actually derive greater profits from the labor of our slaves than we do 6073our selves. It appears from our public documents, that in seven years—from 1821 to 60741827 inclusive—the six Southern States exported $190,337,281, and imported only 6075$55,646,301. Now the difference between these two sums (near $140,000,000) passed 6076through the hand of the northern merchants, and enabled them to carry on their 6077commercial operations with all the world. Such part of these goods as found its way back 6078to our hands came charged with the duties, as well as the profits, of the merchant, the ship

316 164 317

6079owner, and a host of others, who found employment in carrying on these immense 6080exchanges; and for such part as was consumed at the north, we received in exchange 6081northern manufactures, charged with an increased price, to cover all the taxes which the 6082northern consumer had been compelled to pay on the imported article. It will be seen, 6083therefore, at a glance, how much slave labor has contributed to the wealth and prosperity 6084of the United States, and how largely our northern brethren have participated in the 6085profits of that labor. . . . 6086 6087 . . . There is a spirit, which like the father of evil, is constantly “walking to and 6088fro about the earth, seeking whom it may devour:” it is the spirit of FALSE 6089PHILANTHROPY. The persons whom it possesses do not indeed throw themselves into 6090the flames, but they are employed in lighting up the torches of discord throughout the 6091community. Their first principle of action is to leave their own affairs, and neglect their 6092own duties, to regulate the affairs and duties of others. Theirs is the task to feed the 6093hungry, and clothe the naked of other lands, while they thrust the naked, famished, and 6094shivering beggar from their own doors; to instruct the heathen, while their own children 6095want the bread of life. When this spirit infuses itself into the bosom of a statesman, (if 6096one so possessed can be called a statesman,) it converts him at once into a visionary 6097enthusiast. Then it is that he indulges in golden dreams of national greatness and 6098prosperity. He discovers that “liberty is power,” and not content with vast schemes of 6099improvement at home, which it would bankrupt the treasury of the world to execute, he 6100flies to foreign lands, to fulfill obligations to “the human race,” by inculcating the 6101principles of “political and religious liberty,” and promoting the “general welfare” of the 6102whole human race. It is a spirit which has long been busy with the slaves of the south; 6103and is even now displaying itself in vain efforts to drive the government from its wise 6104policy in relation to the Indians. It is this spirit which has filled the land with thousands 6105of wild and visionary projects, which can have no effect but to waste the energies and 6106dissipate the resources of the country. It is the spirit of which the aspiring politician 6107dexterously avails himself, when, by inscribing on his banner the magical words 6108LIBERTY and PHILANTHROPY, he draws to his support that class of persons who are 6109ready to bow down at the very name of their idols. 6110 But, sir, whatever difference of opinion may exist as to the effect of slavery on 6111national wealth and prosperity, if we may trust to experience, there can be no doubt that it 6112has never yet produced any injurious effect on individual or national character. Look 6113through the whole history of the country, from the commencement of the revolution 6114down to the present hour; where are there to be found brighter examples of intellectual 6115and moral greatness than have been exhibited by the sons of the south? From the 6116FATHER OF HIS COUNTRY down to the DISTINGUISHED CHIEFTAIN who has 6117been elevated by a grateful people to the highest office in their gift, the interval is filled 6118up by a long line of orators, of statesmen, and of heroes, justly entitled to rank among the 6119ornaments of their country, and the benefactors of mankind. Look at the “Old 6120Dominion,” great and magnanimous Virginia, “whose jewels are her sons.” Is there any 6121state in this Union which has contributed so much to honor and welfare of the country? 6122Sir, I will yield the whole question—I will acknowledge the fatal effects of slavery upon 6123character, if any one can say, that for noble disinterestedness, ardent love of country, 6124exalted virtue, and a pure and holy devotion to liberty, the people of the Southern States

318 165 319

6125have ever been surpassed by any in the world. I know, sir, that this devotion to liberty 6126has sometimes been supposed to be at war with our institutions; but it is in some degree 6127the result of those very institutions. Burke, the most philosophical of statesmen, as he 6128was the most accomplished of orators, well understood the operation of this principle, in 6129elevating the sentiments and exalting the principles of the people in slaveholding states. I 6130will conclude my remarks on this branch of the subject, by reading a few passages from 6131his speech “on moving his resolutions for conciliation with the colonies,” the 22d of 6132March, 1775. 6133 “There is a circumstance attending the southern colonies which makes the spirit of 6134liberty still more high and haughty than in those to the northward. It is, that in Virginia 6135and the Carolinas they have a vast multitude of slaves. Where this is the case, in any part 6136of the world, those who are free are by far the most proud and jealous of their freedom. 6137Freedom is to them not only an enjoyment, but a kind of rank and privilege. Not seeing 6138there, as in countries where it is a common blessing, and as broad and general as the air, 6139that it may be united with much abject toil, with great misery, with all the exterior of 6140servitude, liberty looks among them like something more noble and liberal. I do not 6141mean, sir, to commend the superior morality of this sentiment, which has, at least, as 6142much pride as virtue in it—but I cannot alter the nature of man. The fact is so; and these 6143people of the southern colonies are much more strongly, and with a higher and more 6144stubborn spirit, attached to liberty than those to the northward. Such were all the ancient 6145commonwealths—such were our Gothic ancestors—such, in our days, were the Poles— 6146and such will be all masters of slaves who are not slaves themselves. In such a people, 6147the haughtiness of domination combines with the spirit of freedom, fortifies it, and 6148renders it invincible.” 6149 In the course of my former remarks, Mr. President, I took occasion to deprecate, 6150as one of the greatest evils, the consolidation of this government. The gentleman takes 6151alarm at the sound. “Consolidation,” “like the tariff,” grates upon his ear. He tells us, 6152“we have heard much of late about consolidation; that it is the rallying word of all who 6153are endeavoring to weaken the Union, by adding to the power of the states.” But 6154consolidation (says the gentleman) was the very object for which the Union was formed; 6155and in support of that opinion, he read a passage from the address of the president of the 6156convention to Congress, which he assumes to be authority on his side of the question. 6157But, sir, the gentleman is mistaken. The object of the framers of the constitution, as 6158disclosed in that address, was not the consolidation of the government, but “the 6159consolidation of the Union.” It was not to draw power from the states, in order to transfer 6160it to a great national government, but, in the language of the constitution itself, “to form a 6161more perfect Union;”—and by what means? By “establishing justice, promoting 6162domestic tranquility, and securing the blessings of liberty to ourselves and our posterity.” 6163This is the true reading of the constitution. But, according to the gentleman’s reading, the 6164object of the constitution was to consolidate the government, and the means would seem 6165to be, the promotion of injustice, causing domestic discord, and depriving the states and 6166the people “of the blessings of liberty” forever. 6167 The gentleman boasts of belonging to the party of NATIONAL REPUBLICANS. 6168National Republicans! A new name, sir, for a very old thing. The National Republicans 6169of the present day were the Federalists of ’98, who became Federal Republicans during

320 166 321

6170the War of 1812, and were manufactured into National Republicans somewhere about the 6171year 1825. 6172 As a party, (by whatever name distinguished,) they have always been animated by 6173the same principles, and have kept steadily in view a common object, the consolidation of 6174the government. Sir, the party to which I am proud of having belonged, from the very 6175commencement of my political life to the present day, were the Democrats of ’98, 6176(Anarchists, Anti-Federalists, Revolutionists, I think they were sometimes called.) They 6177assumed the name of Democratic Republicans in 1822, and have retained their name and 6178principles to the present hour. True to their political faith, they have always, as a party, 6179been in favor of limitations of power; they have insisted that all powers not delegated to 6180the federal government are reserved, and have been constantly struggling, as they now 6181are, to preserve the rights of the states, and to prevent them from being drawn into the 6182vortex, and swallowed up by one great consolidated government. 6183 Sir, anyone acquainted with the history of parties in this county will recognize in 6184the points now in dispute between the senator from Massachusetts and myself the very 6185grounds which have, from the beginning, divided the two great parties in this county, and 6186which (call these parties by what names you will, and amalgamate them as you may) will 6187divide them forever. The true distinction between those parties is laid down in a 6188celebrated manifesto, issued by the convention of the Federalists of Massachusetts, 6189assembled in Boston, in February, 1824, on the occasion of organizing a party opposition 6190to the reelection of Governor Eustis. The gentleman will recognize this as the “canonical 6191book of political scripture;” and it instructs us that, when the American colonies 6192redeemed themselves from British bondage, and become so many independent nations, 6193they proposed to form a NATIONAL UNION, (not a Federal Union, sir, but a National 6194Union.) Those who were in favor of a union of the states in this form became known by 6195the name of Federalists; those who wanted no union of the states, or disliked the 6196proposed form of union, became known by the name of Anti-Federalists. By means 6197which need not be enumerated, the Anti-Federalists became (after the expiration of 6198twelve years) our national rulers, and for a period of sixteen years, until the close of Mr. 6199Madison’s administration in 1817, continued to exercise the exclusive direction of our 6200public affairs. Here, sir, is the true history of the origin, rise, and progress of the party of 6201National Republicans, who date back to the very origin of the government, and who, 6202then, as now, chose to consider the constitution as having created not a Federal, but a 6203National Union; who regarded “consolidation” as no evil, and who doubtless consider it a 6204“consummation devoutly to be wished” to build up a great “central government,” “one 6205and indivisible.” Sir, there have existed in every age and every country, two distinct 6206orders of men—the lovers of freedom, and the devoted advocates of power. 6207 The same great leading principles, modified only by the peculiarities of manners, 6208habits, and institutions, divided parties in the ancient republics, animated the whigs and 6209tories of Great Britain, distinguished in our own times the liberals and ultras of France, 6210and may be traced even in the bloody struggles of unhappy Spain. . . . The people whom I 6211represent, Mr. President, are the descendants of those who brought with them to this 6212country, as the most precious of their possessions, “an ardent love of liberty;” and while 6213that shall be preserved, they will always be found manfully struggling against the 6214consolidation of the government—AS THE WORST OF EVILS. . . . 6215

322 167 323

6216 . . . The senator from Massachusetts tells us that the tariff is not an eastern 6217measure, and treats it as if the east had no interest in it. The senator from Missouri insists 6218it is not a western measure, and that it has done no good to the west. The south comes in, 6219and, in the most earnest manner, represents to you that this measure, which we are told 6220“is of no value to the east or the west,” is “utterly destructive of our interests.” We 6221represent to you that it has spread ruin and devastation through the land, and prostrated 6222our hopes in the dust. We solemnly declare that we believe the system be wholly 6223unconstitutional, and a violation of the compact between the states and the Union; and 6224our brethren turn a deaf ear to our complaints, and refuse to relieve us from a system 6225“which not enriches them, but makes us poor indeed.” Good God! Mr. President, has it 6226come to this? Do gentlemen hold the feelings and wishes of their brethren at so cheap a 6227rate, that they refuse to gratify them at so small a price? Do gentlemen value so lightly 6228the peace and harmony of the country, that they will not yield a measure of this 6229description to the affectionate entreaties and earnest remonstrances of their friends? Do 6230gentlemen estimate the value of the Union at so low a price, that they will not even make 6231one effort to bind the states together with the cords of affection? And has it come to this? 6232Is this the spirit in which the government is to be administered? If so, let me tell 6233gentlemen, the seeds of dissolution are already sown, and our children will reap the bitter 6234fruit. 6235 The honorable gentleman from Massachusetts, (Mr. Webster,) while he 6236exonerates me personally from the charge, intimates that there is a party in the country 6237who are looking to disunion. Sir, if the gentleman had stopped there, the accusation 6238would have “passed me like the idle wind, which I regard not.” But when he goes on to 6239give his accusation “a local habitation and a name,” by quoting the expression of a 6240distinguished citizen of South Carolina (Dr. Cooper,) “that it was time for the south to 6241calculate the value of the Union,” and in the language of the bitterest sarcasm adds, 6242“Surely then the Union cannot last longer than July, 1831,” it is impossible to mistake 6243either the allusion or the object of the gentleman. Now, Mr. President, I call upon every 6244one who hears me to bear witness that this controversy is not of my seeking. The Senate 6245will do me the justice to remember that at the time this unprovoked and uncalled for 6246attack was made on the south, not one word had been uttered by me in disparagement of 6247New England; nor had I made the most distant allusion either to the senator from 6248Massachusetts or the state he represents. But, sir, that gentleman has thought proper, for 6249purposes best known to himself, to strike the south, through me, the most unworthy of her 6250servants. He has crossed the border, he has invaded the state of South Carolina, is 6251making war upon her citizens, and endeavoring to overthrow her principles and 6252institutions. Sir, when the gentleman provokes me to such a conflict, I meet him at the 6253threshold; I will struggle, while I have life, for our altars and our firesides; and, if God 6254gives me strength, I will drive back the invader discomfited. Nor shall I stop there. If the 6255gentleman provokes the war, he shall have war. Sir, I will not stop at the border; I will 6256carry the war into the enemy’s territory, and not consent to lay down my arms until I have 6257obtained “indemnity for the past and security for the future.” It is with unfeigned 6258reluctance, Mr. President, that I enter upon the performance of this part of my duty; I 6259shrink almost instinctively from a course, however necessary, which may have a 6260tendency to excite sectional feelings and sectional jealousies. But, sir, the task has been 6261forced upon me, and I proceed right onward to the performance of my duty. Be the

324 168 325

6262consequences what they may, the responsibility is with those who have imposed upon me 6263this necessity. The senator from Massachusetts has thought proper to cast the first stone; 6264and if he shall find, according to homely adage, “that he lives in a glass house,” on his 6265head be the consequences. The gentleman has made a great flourish about his fidelity to 6266Massachusetts. I shall make no professions of zeal for the interests and honor of South 6267Carolina; of that my constituents shall judge. If there be one state in the Union, Mr. 6268President, (and I say it not in a boastful spirit,) that may challenge comparison with any 6269other, for a uniform, zealous, ardent, and uncalculating devotion to the Union, that state is 6270South Carolina. Sir, from the very commencement of the revolution up to this hour, there 6271is no sacrifice, however great, she has not cheerfully made, no service she has ever 6272hesitated to perform. She has adhered to you in your prosperity, but in your adversity she 6273has clung to you with more than filial affection. No matter what was the condition of her 6274domestic affairs, though deprived of her resources, divided by parties, or surrounded with 6275difficulties, the call of the country has been to her voice as the voice of God. Domestic 6276discord ceased at the sound; every man became at once reconciled to this brethren, and 6277the sons of Carolina were all seen crowding together to the temple, bringing their gifts to 6278the altar of their common country. . . . 6279 6280 . . . As soon as the public mind was sufficiently prepared for the measure, the 6281celebrated Hartford Convention was got up; not as the act of a few unauthorized 6282individuals, but by authority of the legislature of Massachusetts; and, as has been shown 6283by the able historian of that convention, in accordance with the views and wishes of the 6284party of which it was the organ. Now, Sir, I do not desire to call in question the motives 6285of the gentlemen who composed that assembly. I knew many of them to be in private life 6286accomplished and honorable men, and I doubt not there were some among them who did 6287not perceive the dangerous tendency of their proceedings. I will even go further, and say, 6288that if the authors of the Hartford Convention believed that “gross, deliberate, and 6289palpable violations of the constitution” had taken place, utterly destructive of their rights 6290and interests, I should be the last man to deny their right to resort to any constitutional 6291measures for redress. But, sir, in any view of the case, the time when and the 6292circumstances under which that convention assembled, as well as the measures 6293recommended, render their conduct, in my opinion, wholly indefensible. Let us 6294contemplate, for a moment, the spectacle then exhibited to the view of the world. I will 6295not go over the disasters of the war, nor describe the difficulties in which the government 6296was involved. It will be recollected that its credit was nearly gone, Washington had 6297fallen, the whole coast was blockaded, and an immense force, collected in the West 6298Indies, was about to make a descent, which it was supposed we had no means of 6299resisting. In this awful state of our public affairs, when the government seemed almost to 6300be tottering on its base, when Great Britain, relieved from all her other enemies, had 6301proclaimed her purpose of “reducing us to unconditional submission,” we beheld the 6302peace party of New England (in the language of the work before us) pursuing a course 6303calculated to do more injury to their country, and to render England more effective 6304service than all her armies.” Those who could not find it in their hearts to rejoice at our 6305victories sang Te Deum at the King’s Chapel in Boston, for the restoration of the 6306Bourbons. Those who could not consent to illuminate their dwellings for the capture of 6307the Guerriere could give no visible tokens of their joy at the fall of Detroit. The “beacon

326 169 327

6308fires” of their hills were lighted up, not for the encouragement of their friends, but as 6309signals to the enemy; and in the gloomy hours of midnight, the very lights burned blue. 6310Such were the dark and portentous signs of the times, which ushered into being the 6311renowned Hartford Convention. That convention met, and, from their proceedings, it 6312appears that their chief object was to keep back the men and money of New England 6313from the service of the Union, and to effect radical changes in the government—changes 6314that can never be effected without a dissolution of the Union. 6315 Let us now, sir, look at their proceedings. I read from “A Short Account of the 6316Hartford Convention,” (written by one of its members,) a very rare book, of which I was 6317fortunate enough, a few years ago, to obtain a copy. 6318 It is unnecessary to trace the matter further, or to ask what would have been the 6319next chapter in this history, if the measures recommended had been carried into effect; 6320and if, with the men and money of New England withheld from the government of the 6321United States, she had been withdrawn from the war; if New Orleans had fallen into the 6322hands of the enemy; and if, without troops and almost destitute of money, the Southern 6323and the Western States had been thrown upon their own resources, for the prosecution of 6324the war, and the recovery of New Orleans. 6325 Sir, whatever may have been the issue of the contest, the Union must have been 6326dissolved. But a wise and just Providence, which “shapes our ends, roughhew them as 6327we will,” gave us the victory, and crowned our efforts with a glorious peace. The 6328ambassadors of Hartford were seen retracing their steps from Washington, “the bearers of 6329the glad tidings of great joy.” Courage and patriotism triumphed—the country was saved 6330—the Union was preserved. And are we, Mr. President, who stood by our country then, 6331who threw open our coffers, who bared our bosoms, who freely periled all in that 6332conflict, to be reproached with want of attachment to the Union? If, sir, we are to have 6333lessons of patriotism read to us, they must come from a different quarter. The senator 6334from Massachusetts, who is now so sensitive on all subjects, connected with the Union, 6335seems to have a memory forgetful of the political events that have passed away. I must 6336therefore refresh his recollection a little further on these subjects. The history of disunion 6337has been written by one whose authority stands too high with the American people to be 6338questioned; I mean Thomas Jefferson. I know not how the gentleman may receive this 6339authority. When that great and good man occupied the presidential chair, I believe he 6340commanded no portion of the gentleman’s respect. . . . 6341 6342 . . . Who, then, Mr. President, are the true friends of the Union? Those who 6343would confine the federal government strictly within the limits prescribed by the 6344constitution; who would preserve to the states and the people all powers not expressly 6345delegated; who would make this a federal and not a national Union, and who, 6346administering the government in a spirit of equal justice, would make it a blessing, and 6347not a curse. And who are its enemies? Those who are in favor of consolidation; who are 6348constantly stealing power from the states, and adding strength to the federal government; 6349who, assuming an unwarrantable jurisdiction over the states and the people, undertake to 6350regulate the whole industry and capital of the country. But, sir, of all descriptions of 6351men, I consider those as the worst enemies of the Union, who sacrifice the equal rights 6352which belong to every member of the confederacy to combinations of interested 6353majorities, for personal or political objects. But the gentleman apprehends no evil from

328 170 329

6354the dependence of the states on the federal government; he can see no danger of 6355corruption from the influence of money or of patronage. Sir, I know that it is supposed to 6356be a wise saying that “patronage is a source of weakness;” and in support of that maxim, 6357it has been said, that “every ten appointments make a hundred enemies.” But I am rather 6358inclined to think, with the eloquent and sagacious orator how reposing on his laurels on 6359the banks of the Roanoke, that “the power of conferring favors creates a crowd of 6360dependants;” he gave a forcible illustration of the truth of the remark, when he told us of 6361the effect of holding up the savory morsel to the eager eyes of the hungry hounds 6362gathered around his door. It mattered not whether the gift was bestowed on Towzer or 6363Sweetlips, “Tray, Blanch, or Sweetheart;” while held in suspense, they were all governed 6364by a nod, and when the morsel was bestowed, the expectation of the favors of to-morrow 6365kept up the subjection of to-day. 6366 The senator from Massachusetts, in denouncing what he is pleased to call the 6367Carolina doctrine, has attempted to throw ridicule upon the idea that a state has any 6368constitutional remedy, by the exercise of its sovereign authority, against “a gross, 6369palpable, and deliberate violation of the constitution.” He calls it “an idle” or “a 6370ridiculous notion,” or something to that effect, and added, that it would make the Union a 6371“mere rope of sand.” Now, sir, as the gentleman has not condescended to enter into any 6372examination of the question, and has been satisfied with throwing the weight of his 6373authority into the scale, I do not deem it necessary to do more than to throw into the 6374opposite scale the authority on which South Carolina relies; and there, for the present, I 6375am perfectly willing to leave the controversy. The South Carolina doctrine, that is to say, 6376the doctrine contained in an exposition reported by a committee of the legislature in 6377December, 1828, and published by their authority, is the good old republican doctrine of 6378’98—the doctrine of the celebrated “Virginia Resolutions” of that year, and of 6379“Madison’s Report” of ’99. It will be recollected that the legislature of Virginia, in 6380December, ’98, took into consideration the alien and sedition laws, then considered by all 6381republicans as a gross violation of the constitution of the United States, and on that day 6382passed, among others, the following resolutions:-- 6383 “The General Assembly doth explicitly and peremptorily declare, that it views the 6384powers of the federal government as resulting from the compact to which the states are 6385parties, as limited by the plain sense and intention of the instrument constituting that 6386compact, as no further valid than they are authorized by the grants enumerated in that 6387compact and that in case of a deliberate, palpable, and dangerous exercise of other 6388powers not granted by the said compact, the states who are parties there-to have the right, 6389and are in duty bound, to interpose for arresting the progress of the evil, and for 6390maintaining, within their respective limits, the authorities, rights, and liberties 6391appertaining to them.” 6392 In addition to the above resolution, the General Assembly of Virginia “appealed 6393to the other states, in the confidence that they would concur with that commonwealth, 6394that the acts aforesaid [the alien and sedition laws] are unconstitutional, and that the 6395necessary and proper measures would be taken by each for cooperating with Virginia in 6396maintaining unimpaired the authorities, rights, and liberties reserved to the states 6397respectively, or to the people.” 6398 The legislatures of several of the New England States, having, contrary to the 6399expectation of the legislature of Virginia, expressed their dissent from these doctrines, the

330 171 331

6400subject came up again for consideration during the session of 1799, 1800, when it was 6401referred to a select committee, by whom was made that celebrated report which is 6402familiarly known as “Madison’s Report,” and which deserves to last as long as the 6403constitution itself. In that report, which was subsequently adopted by the legislature, the 6404whole subject was deliberately reexamined, and the objections urged against the Virginia 6405doctrines carefully considered. The result was, that the legislature of Virginia reaffirmed 6406all the principles laid down in the resolutions of 1798, and issued to the world that 6407admirable report which has stamped the character of Mr. Madison as the preserver of that 6408constitution which he had contributed so largely to create and establish. I will here quote 6409from Mr. Madison’s report one or two passages which bear more immediately on the 6410point in controversy. “The resolutions, having taken this view of the federal compact, 6411proceed to infer ‘that in case of a deliberate, palpable, and dangerous exercise of other 6412powers, not granted by the said compact, the states who are parties thereto have the right, 6413and are in duty bound, to interpose for arresting the progress of the evil, and for 6414maintaining, within their respective limits, the authorities, rights, and liberties 6415appertaining to them.” 6416 “It appears to your committee to be a plain principle, founded in common sense, 6417illustrated by common practice, and essential to the nature of compacts, that, where resort 6418can be had to no tribunal superior to the authority of the parties, the parties themselves 6419must be the rightful judges in the last resort, whether the bargain made has been pursued 6420or violated. The constitution of the United States was formed by the sanction of the 6421states, given by each in its sovereign capacity. It adds to the stability and dignity, as well 6422as to the authority, of the constitution, that it rests upon this legitimate and solid 6423foundation. The states, then, being the parties to the constitutional compact, and in their 6424sovereign capacity, it follows of necessity that there can be no tribunal above their 6425authority, to decide, in the last resort, whether the compact made by them be violated, 6426and consequently that, as the parties to it, they must themselves decide, in the last resort, 6427such questions as may be of sufficient magnitude to require their interposition.” 6428 “The resolution has guarded against any misapprehension of its object by 6429expressly requiring for such an interposition ‘the case of a deliberate, palpable, and 6430dangerous breach of the constitution, by the exercise of powers not granted by it.’ It must 6431be a case, not of a light and transient nature, but of a nature dangerous to the great 6432purposes for which the constitution was established. 6433 “But the resolution has done more than guard against misconstruction, by 6434expressly referring to cases of a deliberate, palpable, and dangerous nature. It specifies 6435the object of the interposition, which it contemplates, to be solely that of arresting the 6436progress of the evil of usurpation, and of maintaining the authorities, rights, and liberties 6437appertaining to the states, as parties to the constitution. 6438 “From this view of the resolution, it would seem inconceivable that it can incur 6439any just disapprobation from those who, laying aside all momentary impressions, and 6440recollecting the genuine source and object of the federal constitution, shall candidly and 6441accurately interpret the meaning of the General Assembly. If the deliberate exercise of 6442dangerous powers, palpably withheld by the constitution, could not justify the parties to it 6443in interposing even so far as to arrest the progress of the evil, and thereby to preserve the 6444constitution itself, as well as to provide for the safety of the parties to it, there would be 6445an end to all relief from usurped power, and a direct subversion of the rights specified or

332 172 333

6446recognized under all the state constitutions, as well as a plain denial of the fundamental 6447principles on which our independence itself was declared.” 6448 But, sir, our authorities do not stop here. The state of Kentucky responded to 6449Virginia, and on the 10th of November, 1798, adopted those celebrated resolutions, well 6450known to have been penned by the author of the Declaration of American Independence. 6451In those resolutions, the legislature of Kentucky declare, “that the government created by 6452this compact was not made the exclusive or final judge of the extent of the powers 6453delegated to itself, since that would have made its discretion, and not the constitution, the 6454measure of its powers; but that, as in all other cases of compact among parties having no 6455common judge, each party has an equal right to judge, for itself, as well of infractions as 6456of the mode and measure of redress.” 6457 At the ensuing session of the legislature, the subject was reexamined, and on the 645814th of November, 1799, the resolutions of the preceding year were deliberately 6459reaffirmed, and it was, among other things, solemnly declared,-- 6460 “That, if those who administer the general government be permitted to transgress 6461the limits fixed by that compact, by a total disregard to the special delegations of power 6462therein contained, an annihilation of the state governments, and the erection upon their 6463ruins of a general consolidated government, will be the inevitable consequence. That the 6464principles of construction contended for by sundry of the state legislatures, that the 6465general government is the exclusive judge of the extent of the powers delegated to it, stop 6466nothing short of despotism; since the discretion of those who administer the government, 6467and not the constitution, would be the measure of their powers. That the several states 6468who formed that instrument, being sovereign and independent, have the unquestionable 6469right to judge of its infraction, and that a nullification, by those sovereignties, of all 6470unauthorized acts done under color of that instrument, is the rightful remedy.” 6471 Time and experience confirmed Mr. Jefferson’s opinion on this all important 6472point. In the year 1821, he expressed himself in this emphatic manner; “It is a fatal 6473heresy to suppose that either our state governments are superior to the federal, or the 6474federal to the state; neither is authorized literally to decide which belongs to itself or its 6475copartner in government; in differences of opinion, between their different sets of public 6476servants, the appeal is to neither, but to their employers peaceably assembled by their 6477representatives in convention.” The opinion of Mr. Jefferson on this subject has been so 6478repeatedly and so solemnly expressed, that they may be said to have been among the 6479most fixed and settled convictions of his mind. 6480 In the protest prepared by him for the legislature of Virginia, in December, 1825, 6481in respect to the powers exercised by the federal government in relation to the tariff and 6482internal improvements, which he declares to be “usurpations of the powers retained by 6483the states, mere interpolations into the compact, and direct infractions of it,” he solemnly 6484reasserts all the principles of the Virginia Resolutions of ’98, protests against “these acts 6485of the federal branch of the government as null and void, and declares that, although 6486Virginia would consider a dissolution of the Union as among the greatest calamities that 6487could befall them, yet it is not the greatest. There is one yet greater—submission to a 6488government of unlimited powers. It is only when the hope of this shall become 6489absolutely desperate, that further forbearance could not be indulged.” 6490 In his letter to Mr. Giles, written about the same time, he says,--

334 173 335

6491 “I see as you do, and with the deepest affliction, the rapid strides with which the 6492federal branch of our government is advancing towards the usurpation of all the rights 6493reserved to the states, and the consolidation in itself of all powers, foreign and domestic, 6494and that too by constructions which leave no limits to their powers, &c. Under the power 6495to regulate commerce, they assume, indefinitely, that also over agriculture and 6496manufactures, &c. Under the authority to establish post roads, they claim that of cutting 6497down mountains for the construction of roads, and digging canals, &c. And what is our 6498resource for the preservation of the constitution? Reason and argument? You might as 6499well reason and argue with the marble columns encircling them, &c. Are we then to 6500stand to our arms with the hot-headed Georgian? No; [and I say no, and South Carolina 6501has said no;] that must be the last resource. We must have patience and long endurance 6502with out brethren, &c., and separate from our companions only when the sole alternatives 6503left are a dissolution of our Union with them, or submission to a government without 6504limitation of powers. Between these two evils, when we must make a choice, there can 6505be no hesitation.” 6506 Such, sir, are the high and imposing authorities in support of “the Carolina 6507doctrine,” which is, in fact, the doctrine of the Virginia Resolutions of 1798. 6508 Sir, at that day the whole country was divided on this very question. It formed the 6509line of demarcation between the federal and republican parties; and the great political 6510revolution which then took place turned upon the very questions involved in these 6511resolutions. That question was decided by the people, and by that decision the 6512constitution was, in the emphatic language of Mr. Jefferson, “saved at its last gasp.” I 6513should suppose, sir, it would require more self-respect than any gentleman here would be 6514willing to assume, to treat lightly doctrines derived from such high resources. Resting on 6515authority like this, I will ask gentlemen whether South Carolina has not manifested a high 6516regard for the Union, when, under a tyranny ten times more grievous than the alien and 6517sedition laws, she has hitherto gone no further than to petition, remonstrate, and to 6518solemnly protest against a series of measure which she believes to be wholly 6519unconstitutional and utterly destructive of her interests. Sir, South Carolina has not gone 6520one step further than Mr. Jefferson himself was disposed to go, in relation to the present 6521subject of our present complaints—not a step further than the statesmen from New 6522England were disposed to go, under similar circumstances; no further than the senator 6523from Massachusetts himself once considered as within “the limits of a constitutional 6524opposition.” The doctrine that it is the right of a state to judge of the violations of the 6525constitution on the part of the federal government, and to protect her citizens from the 6526operations of unconstitutional laws, was held by the enlightened citizens of Boston, who 6527assembled in Faneuil Hall, on the 25th of January, 1809. They state, in that celebrated 6528memorial, that “they looked only to the state legislature, who were competent to devise 6529relief against the unconstitutional acts of the general government. That your power (say 6530they) is adequate to that object, is evident from the organization of the confederacy.” 6531 A distinguished senator from one of the New England States, (Mr. Hillhouse,) in a 6532speech delivered here, on a bill for enforcing the embargo, declared, “I feel myself bound 6533in conscience to declare, (lest the blood of those who shall fall in the execution of this 6534measure shall be on my head,) that I consider this to be an act which directs a mortal 6535blow at the liberties of my country—an act containing unconstitutional provisions, to

336 174 337

6536which the people are not bound to submit, and to which, in my opinion, they will not 6537submit.” 6538 And the senator from Massachusetts himself, in a speech delivered on the same 6539subject in the other house, said, “This opposition is constitutional and legal; it is also 6540conscientious. It rests on settled and sober conviction, that such policy is destructive to 6541the interest of the people, and dangerous to the being of government. The experience of 6542every day confirms these sentiments. Men who act from such motives are not to be 6543discouraged by trifling obstacles, nor awed by any dangers. They know the limit of 6544constitutional opposition; up to that limit, at their own discretion, they will walk, and 6545walk fearlessly.” How “the being of the government” was to be endangered by 6546“constitutional opposition” to the embargo, I leave to the gentleman to explain. 6547 Thus it will be seen, Mr. President, that the South Carolina doctrine is the 6548republican doctrine of ’98—that it was promulgated by the fathers of the faith—that it 6549was maintained by Virginia and Kentucky in the worst of times—that it constituted the 6550very pivot on which the political revolution of that day turned—that it embraces the very 6551principles, the triumph of which, at that time, saved the constitution at its last gasp, and 6552which New England statesmen were not unwilling to adopt, when they believed 6553themselves to be the victims of unconstitutional legislation. Sir, as to the doctrine that 6554the federal government is the exclusive judge of the extent as well as the limitations of its 6555powers, it seems to me to be utterly subversive of the sovereignty and independence of 6556the states. It makes but little difference, in my estimation, whether Congress or the 6557Supreme Court are invested with this power. If the federal government, in all, or any, of 6558its departments, is to prescribe the limits of its own authority, and the states are bound to 6559submit to the decision, and are not to be allowed to examine and decide for themselves, 6560when the barriers of the constitution shall be overleaped, this is practically “a government 6561without limitation of powers.” The states are at once reduced to mere petty corporations, 6562and the people are entirely at your mercy. I have but one word more to add. In all the 6563efforts that have been made by South Carolina to resist the unconstitutional laws which 6564Congress has extended over them, she has kept steadily in view the preservation of the 6565Union, by the only means by which she believes it can be long preserved—a firm, manly, 6566and steady resistance against usurpation. The measures of the federal government have, 6567it is true, prostrated her interests, and will soon involve the whole south in irretrievable 6568ruin. But even this evil, great as it is, is not the chief ground of our complaints. It is the 6569principle involved in the contest—a principle which, substituting the discretion of 6570Congress for the limitation of the constitution, brings the states and the people to the feet 6571of the federal government, and leaves them nothing they can call their own. Sir, if the 6572measures of the federal government were less oppressive, we should still strive against 6573this usurpation. The south is acting on a principle she has always held sacred—resistance 6574to unauthorized taxation. These, sir, are the principles which induced the immortal 6575Hampden to resist the payment of a tax of twenty shillings. Would twenty shillings have 6576ruined his fortune? No! but the payment of half twenty shillings, on the principle on 6577which it was demanded, would have made him a slave. Sir, if acting on these high 6578motives—if animated by that ardent love of liberty which has always been the most 6579prominent trait in the southern character—we should be hurried beyond the bounds of a 6580cold and calculating prudence, who is there, with one noble and generous sentiment in his

338 175 339

6581bosom, that would not be disposed, in the language of Burke, to exclaim, “You must 6582pardon something to the spirit of liberty”? 6583 6584Document 33: Excerpts from Massachusetts Senator Daniel Webster’s Reply to 6585Senator Hayne in the United States Senate, January 26, 1830 6586 6587 . . . In the course of my observations the other day, Mr. President, I spoke of the 6588Ordinance of 1787, which prohibits slavery, in all future times, north-west of the Ohio, as 6589a measure of great wisdom and foresight, and one which had been attended with highly 6590beneficial and permanent consequences . . . I said only that it was highly wise and useful, 6591in legislating for the North-western country, while it was yet a wilderness, to prohibit the 6592introduction of slaves; and I added that I presumed there was no reflecting and intelligent 6593person in the neighboring state of Kentucky, who would doubt that, if the same 6594prohibition had been extended at the same early period over that Commonwealth, her 6595strength and population would, at this day, have been far greater than they are. If these 6596opinions be thought doubtful, they are, nevertheless, I trust, neither extraordinary nor 6597disrespectful. They attack nobody, and menace nobody. And yet, Sir, the gentleman’s 6598optics have discovered, even in the mere expression of this sentiment, what he calls the 6599very spirit of the Missouri question! He represents me as making an onset on the whole 6600South, and manifesting a spirit which would interfere with, and disturb, their domestic 6601condition! 6602 Sir, this injustice no otherwise surprises me, than is it is committed here, and 6603committed without the slightest pretense of ground for it. I say it only surprises me as 6604being done here; for I know full well that it is, and has been, the settled policy of some 6605persons in the South for years to represent the people of the North as disposed to interfere 6606with them in their own exclusive and peculiar concerns. This is a delicate and sensitive 6607point in Southern feeling; and of late years it has always been touched, and generally with 6608effect, whenever the object has been to unite the whole South against Northern men or 6609Northern measures. This feeling, always carefully kept alive, and maintained at too 6610intense a heat to admit discrimination or reflection, is a lever of great power in our 6611political machine. It moves vast bodies, and gives to them one and the same direction. 6612But it is without adequate cause, and the suspicion which exists is wholly groundless. 6613There is not, and never has been, a disposition in the North to interfere with these 6614interests of the South. Such interference has never been supposed to be within the power 6615of government; nor has it been in any way attempted. The slavery of the South has 6616always been regarded as a matter of domestic policy, left with the States themselves, and 6617with which the federal government has nothing to do. Certainly, Sir, I am, and never 6618have been, of that opinion. The gentleman, indeed, argues that slavery in the abstract is 6619no evil. Most assuredly, I need not say, I differ with him altogether and most widely on 6620that point. I regard domestic slavery as one of the greatest evils, both moral and political. 6621But whether it be a malady, and whether it be curable, and, if so, by what means; or, on 6622the other hand, whether it be vulnus immedicabile of the social system—I leave it to those 6623whose right and duty it is to inquire and to decide. And this, I believe, Sir, is, and 6624uniformly has been, the sentiment of the North. . . . 6625

340 176 341

6626 . . . The domestic slavery of the Southeastern States I leave where I find it, -- in 6627the hands of their own governments. It is their affair, not mine. Nor do I complain of the 6628peculiar effect which the magnitude of that population has had in the distribution of 6629power under this federal government. We know, Sir, that the representation of the States 6630in the other House is not equal. We know that great advantage in that respect is being 6631enjoyed by the slave-holding States. . . . Nevertheless, I do not complain; nor would I 6632countenance any movement to alter this arrangement of representation. It is the original 6633bargain, the compact; let it stand; let the advantage of it be fully enjoyed. The Union 6634itself is too full of benefit to be hazarded in propositions for changing its original basis. I 6635go for the Constitution as it is, and for the Union as it is. . . . . 6636 6637 . . . On yet another point I was still more unaccountably misunderstood. The 6638gentleman had harangued against a “consolidation.” I told him in reply that there was 6639one kind of consolidation to which I was attached, and that was the consolidation of our 6640Union; and that this was precisely the consolidation to which I feared others were not 6641attached, and that such consolidation was the very end of the Constitution, the leading 6642object, as they had informed us themselves, which its framers had kept in view. I turned 6643to their communication, and read their very words, “the consolidation of the Union,” and 6644expressed my devotion to this sort of consolidation. I said in terms that I wished not, in 6645the slightest degree, to augment the powers of this government; that my object was to 6646preserve, not to enlarge; and that by consolidating the Union I understood no more than 6647the strengthening of the Union, and perpetuating it. Having been thus explicit, having 6648thus read from the printed book the precise words which I adopted as expressing my own 6649sentiments, it passes comprehension how any man could understand me as contending for 6650an extension of the powers of the government, or for consolidation in that odious sense, 6651in which it means an accumulation in the federal government of the powers properly 6652belonging to the States. . . . 6653 6654 . . . By way of defending South Carolina from what he chooses to think an attack 6655on her, he first quotes the example of Massachusetts, and then denounces that example in 6656good set terms. This twofold purpose, not very consistent, one would think, with itself, 6657was exhibited more than once in the course of this speech. He referred, for instance, to 6658the Hartford Convention. Did he do this for authority, or for a topic of reproach? 6659Apparently for both; for he told us that he should find no fault with the mere fact of 6660holding such a convention, and considering and discussing such questions as he supposes 6661were then and there discussed; but what rendered it obnoxious was its being held at the 6662time, and under the circumstances of the country then existing. We were in a war, he 6663said, and the country needed all our aid; the hand of government required to be 6664strengthened, not weakened; and patriotism should have postponed such proceedings to 6665another day. The thing itself, then, is a precedent; the time and manner of it only, a 6666subject of censure. Now, Sir, I go much further on this point than the honorable member. 6667Supposing, as the gentleman seems to do, that the Hartford Convention assembled for 6668any such purpose as breaking up the Union, because they thought unconstitutional laws 6669had been passed, or to consult on that subject, or to calculate the value of the Union; 6670supposing this to be their purpose, or any part of it, then, I say, the meeting itself was 6671disloyal, and was obnoxious to censure, whether held in time of peace or time of war, or

342 177 343

6672under whatever circumstances. The material question is the object. Is dissolution the 6673object? If it be, external circumstances may make it a more or less aggravated case, but 6674cannot affect the principle. I do not hold, therefore, Sir, that the Hartford Convention 6675was pardonable, even to the extent of the gentleman’s admission, if its objects were really 6676such as have been imputed to it. Sir, there never was a time, under any degree of 6677excitement, in which the Hartford Convention, or any other convention, could have 6678maintained itself one moment in New England, if assembled for any such purpose as the 6679gentleman says would have been an allowable purpose. To hold conventions to decide 6680constitutional law! to try the binding validity of statutes, by votes in a convention! Sir, 6681the Hartford Convention, I presume, would not desire that the honorable gentleman 6682should be their defender or advocate, if he puts their case upon such untenable and 6683extravagant grounds. . . . 6684 6685 . . . Sir, let me recur to pleasing recollections; let me indulge in refreshing 6686remembrance of the past;--let me remind you that in early times no States cherished 6687greater harmony, both of principle and feeling, than Massachusetts and South Carolina. 6688Would to God that harmony might again return! . . . 6689 6690 . . . There yet remains to be performed, Mr. President, by far the most grave and 6691important duty which I feel to be devolved on me by this occasion. It is to state, and to 6692defend, what I conceive to be the true principles of the Constitution under which we are 6693here assembled. . . . 6694 6695 . . . I understand the honorable gentleman from South Carolina to maintain that it 6696is a right of the State legislatures to interfere, whenever in their judgment this 6697government transcends its constitutional limits, and to arrest the operation of its laws. 6698 I understand him to maintain this right, as a right existing under the Constitution, 6699not as a right to overthrow it on the ground of extreme necessity, such as would justify 6700violent revolution. 6701 I understand him to maintain an authority, on the part of the States, thus to 6702interfere for the purpose of correcting the exercise of power by the general government, 6703of checking it, and of compelling it to conform to their opinion of the extent of its 6704powers. 6705 I understand him to maintain that the ultimate power of judging the constitutional 6706extent of its own authority is not lodged exclusively in the general government, or any 6707branch of it; but that, on the contrary, the States may lawfully decide for themselves, and 6708each State for itself, whether, in a given case, the act of the general government 6709transcends its power. 6710 I understand him to insist that, if the exigency of the case in the opinion of any 6711State government, require it, such State government may, by its own sovereign authority, 6712annul an act of the general government which it deems plainly and palpably 6713unconstitutional. 6714 This is the sum of what I understand from him to be the South Carolina doctrine 6715and the doctrine which he maintains. I propose to consider it, and compare it with the 6716Constitution. Allow me to say, as a preliminary remark, that I call this the South 6717Carolina doctrine only because the gentleman himself has so denominated it. I do not

344 178 345

6718feel at liberty to say that South Carolina, as a State, has ever advanced these sentiments. I 6719hope she has not, and never may. That a great majority of her people are opposed to the 6720tariff laws, is doubtless true. That a majority, somewhat less than that just mentioned, 6721conscientiously believe these laws unconstitutional, may probably also be true. But, that 6722any majority holds to the right of direct State interference at State discretion,--the right of 6723nullifying acts of Congress by acts of State legislation,--is more than I know, and what I 6724shall be slow to believe. . . . 6725 6726 . . . I am quite aware, Mr. President, of the existence of the [Virginia] resolution 6727which the gentleman read, and has now repeated, and that he relies on it as his authority. 6728I know the source, too, from which it is understood to have proceeded. I need not say 6729that I have much respect for the constitutional opinions of Mr. Madison; they would 6730weigh greatly with me always. But, before the authority of his opinion be vouched for 6731the gentleman’s proposition, it will be proper to consider what is the fair interpretation of 6732that resolution to which Mr. Madison is understood to have given his sanction. As the 6733gentleman construes it, it is an authority for him. Possibly he may not have adopted the 6734right construction. That resolution declares that, in the case of the dangerous exercise of 6735powers not granted by the general government, the States may interpose to arrest the 6736progress of the evil. But how interpose, and what does this declaration purport? Does it 6737mean no more than that there may be extreme cases, in which the people, in any mode of 6738assembling, may resist usurpation and relieve themselves from a tyrannical government? 6739No one will deny this. Such resistance is not only acknowledged to be just in America, 6740but in England also. Blackstone admits as much, in the theory, and practice, too, of the 6741English constitution. We, Sir, who oppose the Carolina doctrine, do not deny that the 6742people may, if they choose, throw off any government, when it becomes oppressive and 6743intolerable, and erect a better in its stead. We all know that civil institutions are 6744established for the public benefit, and that when they cease to answer the ends of their 6745existence they may be changed. But I do not understand the doctrine now contended for 6746to be that which, for the sake of distinction, we may call the right of revolution. I 6747understand the gentleman to maintain that, without revolution, without civil commotion, 6748without rebellion, a remedy for supposed abuse and transgression of the powers of the 6749general government lies in a direct appeal to the interference of the State 6750governments. . . . 6751 6752 . . . What he contends for is, that it is constitutional to interrupt the administration 6753of the Constitution itself, in the hands of those who are chosen and sworn to administer it, 6754by the direct interference, in form of law, of the States, in virtue of their sovereign 6755capacity. The inherent right in the people to reform their government I do not deny; and 6756they have another right, and that is, to resist unconstitutional laws, without overturning 6757the government. It is no doctrine of mine that unconstitutional laws bind the people. The 6758great question is, whose prerogative is it to decide on the constitutionality or 6759unconstitutionality of the laws? On that the main debate hinges. The proposition that, in 6760case of a supposed violation of the Constitution by Congress, the States have a 6761constitutional right to interfere and annul the law of Congress, is the proposition of the 6762gentleman. I do not admit it. If the gentleman had intended no more than to assert the 6763right of revolution for justifiable cause, he would have only said what all agree to. But I

346 179 347

6764cannot conceive that there can be a middle course, between submission to the laws, when 6765regularly pronounced constitutional, on the one hand, and open resistance, which is 6766revolution or rebellion, on the other. I say the right of a State to annul a law of Congress 6767cannot be maintained but on the ground of the inalienable right of man to resist 6768oppression; that is to say, upon the ground of revolution. I admit that there is an ultimate 6769violent remedy, above the Constitution and in defiance of the Constitution, which may be 6770resorted to when a revolution is to be justified. But I do not admit that, under the 6771Constitution and in conformity with it, there is any mode in which a State government, as 6772a member of the Union, can interfere and stop the progress of the general government, by 6773force of her own laws, under any circumstances whatever. 6774 This leads us to inquire into the origin of this government and the source of its 6775power. Whose agent is it? Is it the creature of the state legislatures, or the creature of the 6776people? If the government of the United States be the agent of the State governments, 6777then they may control it, provided they can agree in the manner of controlling it; if it be 6778the agent of the people, then the people alone can control it, restrain it, modify, or reform 6779it. It is observable enough, that the doctrine for which the honorable gentleman contends 6780leads him to the necessity of maintaining, not only that this general government is the 6781creature of the States, but that it is the creature of each of the States severally, so that 6782each may assert the power for itself of determining whether it acts within the limits of its 6783authority. It is the servant of four-and-twenty masters, of different wills and different 6784purposes, and yet bound to obey all. This absurdity (for it seems no less) arises from a 6785misconception as to the origin of this government and its true character. It is, Sir, the 6786people’s Constitution, the people’s government, made for the people, made by the people, 6787and answerable to the people. The people of the United States have declared that this 6788Constitution shall be the supreme law. We must either admit the proposition, or dispute 6789their authority. The States are, unquestionably, sovereign, so far as their sovereignty is 6790not affected by this supreme law. But the State legislatures, as political bodies, however 6791sovereign, are yet not sovereign over the people. So far as the people have given power 6792to the general government, so far the grant is unquestionably good, and the government 6793holds of the people, and not of the State governments. We are all agents of the same 6794supreme power, the people. The general government and the State governments derive 6795their authority from the same source. Neither can, in relation to the other, be called 6796primary, though one is definite and restricted, and the other general and residuary. The 6797national government possesses those powers which it can be shown the people have 6798conferred on it, and no more. All the rest belongs to the State governments, or to the 6799people themselves. So far as the people have restrained State sovereignty, by the 6800expression of their will, in the Constitution of the United States, so far, it must be 6801admitted, State sovereignty is effectually controlled. I do not content that it is, or ought 6802to be, controlled farther. The sentiment to which I have referred propounds that State 6803sovereignty is only to be controlled by its own “feeling of justice;” that is to say, it is not 6804to be controlled at all; for one who is to follow his own feelings is under no legal control. 6805Now, however men may think this ought to be, the fact is, that the people of the United 6806States have chosen to impose control on State sovereignties. There are those, doubtless, 6807who wish they had been left without restraint; but the Constitution has ordered the matter 6808differently. To make war, for instance, is an exercise of sovereignty; but the Constitution 6809declares that no State shall make war. To coin money is another exercise of sovereign

348 180 349

6810power; but no State is at liberty to coin money. Again, the Constitution says that no 6811sovereign State shall be so sovereign as to make a treaty. These prohibitions, it must be 6812confessed, are a control on the State sovereignty of South Carolina, as well as of the other 6813States, which does not arise “from her own feelings of honorable justice.” Such an 6814opinion, therefore, is in defiance of the plainest provisions of the Constitution. 6815 There are other proceedings of public bodies which have already been alluded to, 6816and to which I refer again, for the purpose of ascertaining more fully what is the length 6817and breadth of that doctrine denominated the Carolina doctrine, which the honorable 6818member has now stood up on this floor to maintain. In one of them I find it resolved, that 6819“the tariff of 1828, and every other tariff designed to promote one branch of industry at 6820the expense of others, is contrary to the meaning and intention of the federal compact; 6821and such a dangerous, palpable, and deliberate usurpation of power, by a determined 6822majority, wielding the general government beyond the limits of its delegated powers, as 6823calls upon States which compose the suffering minority, in their sovereign capacity, to 6824exercise the powers which, as sovereigns, necessarily devolve upon them when their 6825compact is violated.” 6826 Observe, Sir, that this resolution holds the tariff of 1828, and every other tariff 6827designed to promote one branch of industry at the expense of another, to be such a 6828dangerous, palpable, and deliberate usurpation of power, as calls upon the States, in their 6829sovereign capacity, to interfere by their own authority. This denunciation, Mr. President, 6830you will please to observe, includes our old tariff of 1816, as well as all others; because 6831that was established to promote the interest of the manufacturers of cotton, to the 6832manifest and admitted injury of the Calcutta cotton trade. Observe, again, that all the 6833qualifications are here rehearsed and charged upon the tariff, which are necessary to bring 6834the case within the gentleman’s proposition. The tariff is a usurpation: it is a dangerous 6835usurpation; it is a palpable usurpation; it is a deliberate usurpation. It is such a 6836usurpation, therefore, as calls upon the States to exercise their right of interference. Here 6837is a case, then, within the gentleman’s principles, and all his qualifications of his 6838principles. It is a case for action. The Constitution is plainly, dangerously, palpably, and 6839deliberately violated; and the States must interpose their own authority to arrest the law. 6840Let us suppose the State of South Carolina to express this same opinion by the voice of 6841her legislature. That would be very imposing; but what then? Is the voice of one State 6842conclusive? It so happens that, at the very moment when South Carolina resolves that the 6843tariff laws are unconstitutional, Pennsylvania and Kentucky resolve exactly the reverse. 6844They hold those laws to be both highly proper and strictly constitutional. And now, Sir, 6845how does the honorable member propose to deal with this case? How does he relieve us 6846from this difficulty, upon any principle of his? His construction gets us into it; how does 6847he propose to get us out? 6848 In Carolina, the tariff is a palpable, deliberate usurpation; Carolina, therefore, may 6849nullify it, and refuse to pay the duties. In Pennsylvania, it is both clearly constitutional 6850and highly expedient; and there the duties are to be paid. And yet we live under a 6851government of uniform laws, and under a Constitution, too, which contains an express 6852provision, as it happens, that all duties shall be equal in all the States. Does not this 6853approach absurdity?

350 181 351

6854 If there be no power to settle such questions, independent of either of the States, is 6855not the whole Union a rope of sand? Are we not thrown back again, precisely, upon the 6856old Confederation? 6857 It is too plain to be argued. Four and twenty interpreters of constitutional law, 6858each with a power to decide for itself, and none with authority to bind anybody else, and 6859this constitutional law the only bond of their union! What is such a state of things but a 6860mere connection during pleasure, or, to use the phraseology of the times, during feeling? 6861And that feeling, too, not the feeling of the people, who established the Constitution, but 6862the feeling of the State governments. 6863 In another of the South Carolina addresses, having premised that the crisis 6864requires “all the concentrated energy of passion,” an attitude of open resistance to the 6865laws of the Union is advised. Open resistance to the laws, then, is the constitutional 6866remedy, the conservative power of the State, which the South Carolina doctrines teach for 6867the redress of political evils, real or imaginary. And its authors further say that, appealing 6868with confidence to the Constitution itself, to justify their opinions, they cannot consent to 6869try their accuracy by the courts of justice. In one sense, indeed, Sir, this is assuming an 6870attitude of open resistance in favor of liberty. But what sort of liberty? The liberty of 6871establishing their own opinions, in defiance of the opinions of all others; the liberty of 6872judging and of deciding exclusively themselves, in a matter in which others have as much 6873right to judge and decide as they; the liberty of placing their own opinions above the 6874judgment of all others, above the laws, and above the Constitution. This is their liberty, 6875and this is the fair result of the proposition contended for by the honorable gentleman. Or 6876it may be more properly said, it is identical with it, rather than a result from it…. 6877 I wish now, Sir, to make a remark upon the Virginia resolutions of 1798. I cannot 6878undertake to say how these resolutions were understood by those who passed them. 6879Their language is not a little indefinite. In the case of the exercise by Congress of a 6880dangerous power not granted to them, the resolutions assert the right, on the part of the 6881State, to interfere and arrest the progress of the evil. This is susceptible of more than one 6882interpretation. It may mean no more than that the States may interfere by complaint and 6883remonstrance; or by proposing to the people an alteration of the federal Constitution. 6884This would all be quite unobjectionable. Or it may be that no more is meant than to 6885assert the general right of revolution, as against all governments, in cases of intolerable 6886oppression. This no one doubts, and this, in my opinion, is all that he who framed the 6887resolutions could have meant by it; for I shall not readily believe that he was ever of 6888opinion that a State, under the Constitution and in conformity with it, could, upon the 6889ground of her own opinion of its unconstitutionality, however clear and palpable she 6890might think the case, annul a law of Congress so far as it should operate on herself, by her 6891own legislative power. 6892 I must now beg to ask, Sir, whence is this supposed right of the States derived? 6893Where do they find the power to interfere with the laws of the Union? Sir, the opinion 6894which the honorable gentleman maintains is a notion founded in a total misapprehension, 6895in my judgment, of the origin of this government, and of the foundation on which it 6896stands. I hold it to be a popular government, erected by the people; those who administer 6897it, responsible to the people, and itself capable of being amended and modified, just as the 6898people may choose it should be. It is as popular, just as truly emanating from the people, 6899as the State governments. It is created for one purpose; the State governments for

352 182 353

6900another. It has its own powers; they have theirs. There is no more authority with them to 6901arrest the operation of a law of Congress, than with Congress to arrest the operation of 6902their laws. We are here to administer a Constitution emanating immediately from the 6903people, and trusted by them to our administration. It is not the creature of the State 6904governments. It is of no moment to the argument, that certain acts of the State 6905legislatures are necessary to fill our seats in this body. That is not one of their original 6906State powers, a part of the sovereignty of the State. It is a duty which the people, by the 6907Constitution itself, have imposed on the State legislatures, and which they might have left 6908to be performed elsewhere, if they had seen fit. So they have left the choice of President 6909with electors; but all this does not affect the proposition that this whole government, 6910President, Senate, and House of Representatives, is a popular government. It leaves it 6911still all its popular character. The governor of a State (in some of the States) is chosen, 6912not directly by the people, but by those who are chosen by the people for the purpose of 6913performing, among other duties, that of electing a governor. Is the government of the 6914State, on that account, not a popular government? This government, Sir, is the 6915independent offspring of the popular will. It is not the creature of State legislatures; nay 6916more, if the whole truth must be told, the people brought it into existence, established it, 6917and have hitherto supported it, for the very purpose, amongst others, of imposing certain 6918salutary restraints on State sovereignties. The States cannot make war; they cannot 6919contract alliances; they cannot make, each for itself, separate regulations of commerce; 6920they cannot lay imposts; they cannot coin money. If this Constitution, Sir, be the creature 6921of State legislatures, it must be admitted that it has obtained a strange control over the 6922volitions of its creators. 6923 The people, then, Sir, erected this government. They gave it a Constitution, and 6924in that Constitution they have enumerated the powers which they bestow on it. They 6925have made it a limited government. They have defined its authority. They have 6926restrained it to the exercise of such powers as are granted; and all others, they declare, are 6927reserved to the States or the people. But, Sir, they have not stopped here. If they had, 6928they would have accomplished but half their work. No definition can be so clear as to 6929avoid possibility of doubt; no limitation so precise as to exclude all uncertainty. Who, 6930then, shall construe this grant of the people? Who shall interpret their will, where it may 6931be supposed they have left it doubtful? With whom do they repose this ultimate right of 6932deciding on the powers of the government? Sir, they have settled all this in the fullest 6933manner. They have left it with the government itself in its appropriate branches. Sir, the 6934very chief end, the main design for which the whole Constitution was framed and 6935adopted, was to establish a government that should not be obliged to act through State 6936agency, or depend on State opinion and State discretion. The people had had quite 6937enough of that kind of government under the Confederation. Under that system the legal 6938action, the application of law to individuals, belonged exclusively to the States. Congress 6939could only recommend; their acts were not of binding force, till the States had adopted 6940and sanctioned them. Are we in that condition still? Are we yet at the mercy of State 6941discretion and State construction? Sir, if we are, then vain will be our attempt to maintain 6942the Constitution under which we sit. 6943 But, Sir, the people have wisely provided in the Constitution itself a proper, 6944suitable mode and tribunal for settling questions of constitutional law. There are in the 6945Constitution grants of powers to Congress, and restrictions on these powers. There are,

354 183 355

6946also, prohibitions on the States. Some authority must, therefore, necessarily exist, having 6947the ultimate jurisdiction to fix and ascertain the interpretation of these grants, restrictions, 6948and prohibitions. The Constitution has itself pointed out, ordained, and established that 6949authority. How has it accomplished this great and essential end? By declaring, Sir, that 6950“the Constitution and the laws of the United States made in pursuance thereof shall be 6951the supreme law of the land, anything in the Constitution or laws of any State to the 6952contrary notwithstanding.” 6953 This, Sir, was the first great step. By this the supremacy of the Constitution and 6954laws of the United States is declared. The people so will it. No State law is to be valid 6955which comes in conflict with the Constitution or any law of the United Sates passed in 6956pursuance of it. But who shall decide this question of interference? To whom lies the 6957last appeal? This, Sir, the Constitution itself decides also, by declaring, “that the judicial 6958power shall extend to all cases arising under the Constitution and laws of the United 6959States.” These two provisions cover the whole ground. They are, in truth, the keystone 6960of the arch! With these, it is a government; without them it is a confederation. In 6961pursuance of these clear and express provisions, Congress established at its very first 6962session, in the judicial act, a mode for carrying them into full effect, and for bringing all 6963questions of constitutional power to the final decision of the Supreme Court. It then, Sir, 6964became a government. It then had the means of self-protection; and, but for this, it 6965would, in all probability, have been now among things which are past. Having 6966constituted the government and declared its powers, the people have further said that, 6967since somebody must decide on the extent of these powers, the government shall itself 6968decide; subject always, like other popular governments, to its responsibility to the people. 6969And now, Sir, I repeat, how is it that a State legislature acquires any power to interfere? 6970Who, or what, gives them the right to say to the people, “We, who are your agents and 6971servants for one purpose, will undertake to decide that your other agents and servants, 6972appointed by you for another purpose, have transcended the authority you gave them!” 6973The reply would be, I think, not impertinent, --“Who made you a judge over another’s 6974servants? To their own masters they stand or fall.” 6975 Sir, I deny this power of State legislatures altogether. It cannot stand the test of 6976examination. Gentlemen may say that, in an extreme case, a State government might 6977protect the people from intolerable oppression. Sir, in such a case, the people might 6978protect themselves without the aid of the State governments. Such a case warrants 6979revolution. It must make, when it comes, a law for itself. A nullifying act of a State 6980legislature cannot alter the case, nor make resistance any more lawful. In maintaining 6981these sentiments, Sir, I am but asserting the rights of the people. I state what they have 6982declared, and insist on their right to declare it. They have chosen to repose this power in 6983the general government, and I think it my duty to support it, like other constitutional 6984powers. 6985 For myself, Sir, I do not admit the jurisdiction of South Carolina, or any other 6986State, to prescribe my constitutional duty; or to settle, between me and the people, the 6987validity of laws of Congress, for which I have voted. I decline her umpirage. I have not 6988sworn to support the Constitution according to her construction of its clauses. I have not 6989stipulated, by my oath of office or otherwise, to come under any responsibility, except to 6990the people and those whom they have appointed to pass upon the question, whether laws 6991supported by my votes conform to the Constitution of the country. And, Sir, if we look to

356 184 357

6992the general nature of the case, could anything have been more preposterous than to make 6993a government for the whole Union, and yet leave its powers subject, not to one 6994interpretation, but to thirteen, or twenty-four interpretations? Instead of one tribunal, 6995established by all, responsible to all, with power to decide for all, shall constitutional 6996questions be left to four and twenty popular bodies, each at liberty to decide for itself, and 6997none bound to respect the decisions of others; and each at liberty, too, to give a new 6998construction on every new election of its own members? Would anything, with such a 6999principle in it, or rather with such a destitution of all principle, be fit to be called a 7000government? No, Sir; it should not be denominated a Constitution. It should be called, 7001rather, a collection of topics for everlasting controversy; heads of debate for a 7002disputatious people. It would not be a government. It would not be adequate to any 7003practical good, nor fit for any country to live under. To avoid all possibility of being 7004misunderstood, allow me to repeat again, in the fullest manner, that I claim no powers for 7005the government by forced or unfair construction. I admit that it is a government of 7006strictly limited powers, of enumerated, specified, and particularized powers; and that 7007whatsoever is not granted is withheld. But, notwithstanding all this, and however the 7008grant of powers may be expressed, its limit and extent may yet, in some cases, admit of 7009doubt; and the general government would be good for nothing, it would be incapable of 7010long existing, if some mode had not been provided in which those doubts, as they should 7011arise, might be peaceably, but authoritatively solved. 7012 And now, Mr. President, let me run the honorable gentleman’s doctrine a little 7013into is practical application. Let us look at his probable modus operandi. If a thing can 7014be done, an ingenious man can tell how it is to be done. And I wish to be informed how 7015this State interference is to be put in practice without violence, bloodshed, and rebellion. 7016We will take the existing case of the tariff law. South Carolina is said to have made up 7017her opinion upon it. If we do not repeal it (as we probably shall not), she will then apply 7018to the case the remedy of her doctrine. She will, we must suppose, pass a law of her 7019legislature declaring the several acts of Congress, usually called the tariff laws, null and 7020void so far as they respect South Carolina or the citizens thereof. So far, all is a paper 7021transaction, and easy enough. But the collector at Charleston is collecting the duties 7022imposed by these tariff laws. He, therefore, must be stopped. The collector will seize the 7023goods if the tariff duties are not paid. The State authorities will undertake their rescue; 7024the marshal with his posse will come to the collector’s aid; and here the contest begins. 7025The militia of the State will be called out to sustain the nullifying act. They will march, 7026Sir, under a very gallant leader; for I believe the honorable member himself commands 7027the militia of that part of the State. He will raise the nullifying act on his standard, and 7028spread it out as his banner. It will have a preamble, setting forth that the tariff laws are 7029palpable, deliberate, and dangerous violations of the Constitution. He will proceed, with 7030this banner flying, to the custom-house in Charleston. 7031 7032 “All the while, Sonorous metal blowing martial sounds.” 7033 7034Arrived at the custom-house, he will tell the collector that he must collect no more duties 7035under any of the tariff laws. This he will be somewhat puzzled to say, by the way, with a 7036grave countenance, considering what hand South Carolina herself had in that of 1816. 7037But, Sir, the collector would probably not desist at his bidding. He would show him the

358 185 359

7038law of Congress, the treasury instruction, and his own oath of office. He would say he 7039should perform his duty, come what come might. 7040 Here would ensue a pause, for they sat that a certain stillness precedes the 7041tempest. The trumpeter would hold his breath a while, and before all this military array 7042should fall on the custom-house, collector, clerks, and all, it is very probable some of 7043those composing it would request of their gallant commander-in-chief to be informed a 7044little upon the point of law; for they have, doubtless, a just respect for his opinions as a 7045lawyer, as well as for his bravery as a soldier. They know he has read Blackstone and the 7046Constitution, as well as Turenne and Vauban. They would ask him, therefore, something 7047concerning their rights in this matter. They would inquire whether it was not somewhat 7048dangerous to resist a law of the United States. What would be the nature of their offence, 7049they would wish to learn, if they by military force and array resisted the execution in 7050Carolina of a law of the United States, and it should turn out, after all, that the law was 7051constitutional. He would answer, of course, Treason. No lawyer could give any other 7052answer. John Fries, he would tell them, had learned that some years ago. “How then,” 7053they would ask, “do you propose to defend us? We are not afraid of bullets, but treason 7054has a way of taking people off that we do not much relish. How do you propose to 7055defend us?” “Look at my floating banner,” he would reply; “see there the Nullifying 7056Law!” “Is it your opinion, gallant commander,” they would then say, “that, if we should 7057be indicted for treason, that same floating banner of yours would make a good plea in 7058bar?” “South Carolina is a sovereign State,” he would reply. “That is true; but would the 7059judge admit our plea?” “These tariff laws,” he would repeat, “are unconstitutional, 7060palpably, deliberately, dangerously.” “That all may be so; but if the tribunal should not 7061happen to be of that opinion, shall we swing for it? We are ready to die for our country, 7062but it is rather an awkward business, this dying without touching the ground! After all, 7063that is a sort of hemp tax, worse than any part of the tariff.” 7064 Mr. President, the honorable gentleman would be in a dilemma like that of 7065another great general. He would have a knot before him which he could not untie. He 7066must cut it with his sword. He must say to his followers, “Defend yourselves with your 7067bayonets!” And this is war,--civil war. 7068 Direct collision, therefore, between force and force is the unavoidable result of 7069that remedy for the revisions of unconstitutional laws which the gentleman contends for. 7070It must happen in the very first case to which it is applied. Is not this the plain result? To 7071resist by force the execution of a law, generally is treason. Can the courts of the United 7072States take notice of the indulgence of a State to commit treason? The common saying, 7073that a State cannot commit treason herself, is nothing to the purpose. Can she authorize 7074others to do it? If John Fries had produced an act of Pennsylvania annulling the law of 7075Congress, would it have helped his case? Talk about it as we will, these doctrines go the 7076length of revolution. They are incompatible with any peaceable administration of the 7077government. They lead directly to disunion and civil commotion; and therefore it is, that 7078at their commencement, when they are first found to be maintained by respectable men, 7079and in a tangible form, I enter my public protest against them all. 7080 The honorable gentleman argues that, if this government be the sole judge of the 7081extent of its own powers, whether that right of judging be in Congress or the Supreme 7082Court, it equally subverts State sovereignty. This the gentleman sees, or thinks he sees, 7083although he cannot perceive how the right of judging in this matter, if left to the exercise

360 186 361

7084of State legislatures, has any tendency to subvert the government of the Union. The 7085gentleman’s opinion may be that the right ought not to have been lodged with the general 7086government; he may like better such a Constitution as we should have under the right of 7087State interference; but I ask him to meet me on the plain matter of fact. I ask him to meet 7088me on the Constitution itself. I ask him if the power is not found there—clearly and 7089visibly found there. 7090 But, Sir, what is this danger, and what the grounds of it? Let it be remembered 7091that the Constitution of the United States is not unalterable. It is to continue in its present 7092form no longer than the people who established it shall choose to continue it. If they 7093shall become convinced that they have made an injudicious or inexpedient partition and 7094distribution of power between the State governments and the general government, they 7095can alter that distribution at will. 7096 If anything be found in the national Constitution, either by original provision or 7097subsequent interpretation, which ought not to be in it, the people know how to get rid of 7098it. If any construction unacceptable to them be established, so as to become practically a 7099part of the Constitution, they will amend it at their own sovereign pleasure. But while the 7100people choose to maintain it as it is, while they are satisfied with it, and refuse to change 7101it, who has given, or who can give, to the State legislatures a right to alter it either by 7102interference, construction, or otherwise? Gentlemen do not seem to recollect that the 7103people have any power to do anything for themselves. They imagine there is no safety 7104for them, any longer than they are under the close guardianship of the State legislatures. 7105Sir, the people have not trusted their safety, in regard to the general Constitution, to these 7106hands. They have required other security, and taken other bonds. They have chosen to 7107trust themselves, first, to the plain words of the instrument, and to such construction as 7108the government itself, in doubtful cases, should put on its own powers, under its oaths of 7109office, and subject to its responsibility to them; just as the people of a State trust their 7110own State governments with a similar power. Secondly, they have reposed their trust in 7111the efficacy of frequent elections, and in their own power to remove their own servants 7112and agents whenever they see cause. Thirdly, they have reposed trust in the judicial 7113power, which, in order that it might be trustworthy, they have made as respectable, as 7114disinterested, and as independent as was practicable. Fourthly, they have seen fit to rely, 7115in case of necessity or high expediency, on their known and admitted power to alter or 7116amend the Constitution peaceably and quietly, whenever experience shall point out 7117defects or imperfections. And, finally, the people of the United States have at no time, in 7118no way, directly or indirectly, authorized any State legislature to construe or interpret 7119their high instrument of government; much less to interfere by their own power to arrest 7120its course and operation. 7121 If, Sir, the people in these respects had done otherwise than they have done, their 7122Constitution could neither have been preserved, nor would it have been worth preserving. 7123And if its plain provisions shall now be disregarded, and these new doctrines interpolated 7124in it, it will become as feeble and helpless a being as its enemies, whether early or more 7125recent, could possibly desire. It will exist in every State but as a poor dependant on State 7126permission. It must borrow leave to be; and will be no longer than State pleasure, or 7127State discretion, sees fit to grant the indulgence and to prolong its poor existence. 7128 But, Sir, although there are fears, there are hopes also. The people have preserved 7129this, their own chosen Constitution, for forty years, and have seen their happiness,

362 187 363

7130prosperity, and renown grow with its growth, and strengthen with its strength. They are 7131now, generally, strongly attached to it. Overthrown by direct assault, it cannot be; 7132evaded, undermined, nullified, it will not be, if we, and those who shall succeed us here 7133as agents and representatives of the people, shall conscientiously and vigilantly discharge 7134the two great branches of our public trust, faithfully to preserve, and wisely to administer 7135it. 7136 Mr. President, I have thus stated the reasons of my dissent to the doctrines which 7137have been advanced and maintained. I am conscious of having detained you and the 7138Senate much too long. I was drawn into the debate with no previous deliberation such as 7139is suited to the discussion of so grave and important a subject. But it is a subject of which 7140my heart is full, and I have not been willing to suppress the utterance of its spontaneous 7141sentiments. I cannot, even now, persuade myself to relinquish it without expressing once 7142more my deep conviction that, since it respects nothing less than the Union of the States, 7143it is of most vital and essential importance to the public happiness. I profess, Sir, in my 7144career hitherto to have kept steadily in view the prosperity and honor of the whole 7145country, and the preservation of our Federal Union. It is to that Union we owe our safety 7146at home, and our consideration and dignity abroad. It is to that Union that we are chiefly 7147indebted for whatever makes us most proud of our country. That Union we reached only 7148by the discipline of our virtues in the severe school of adversity. It had its origin in the 7149necessities of disordered finance, prostrate commerce, and ruined credit. Under its 7150benign influences, these great interests immediately awoke as from the dead, and sprang 7151forth with newness of life. Every year of its duration has teemed with fresh proofs of its 7152utility and its blessings; and although our territory has stretched out wider and wider, and 7153our population spread farther and farther, they have not outrun its protection or its 7154benefits. It has been to us all a copious fountain of national, social, and personal 7155happiness. 7156 I have not allowed myself, Sir, to look beyond the Union to see what might lie 7157hidden in the dark recess behind. I have not coolly weighed the chances of preserving 7158liberty, when the bonds that unite us together shall be broken asunder. I have not 7159accustomed myself to hang over the precipice of disunion, to see whether, with my short 7160sight, I can fathom the depth of the abyss below; nor could I regard him as a safe 7161counselor in the affairs of this government, whose thoughts should be mainly bent on 7162considering, not how the Union should be best preserved, but how tolerable might be the 7163condition of the people when it should be broken up and destroyed. While the Union 7164lasts, we have high, exciting, gratifying prospects spread out before us,--for us and our 7165children. Beyond that, I seek not to penetrate the veil. God grant that, in my day, at 7166least, that curtain may not rise! God grant that on my vision never may be opened what 7167lies behind! When my eyes shall be turned to behold for the last time the sun in heaven, 7168may I not see him shining on the broken and dishonored fragments of a once glorious 7169Union; on States dissevered, discordant, belligerent; on a land rent with civil feuds, or 7170drenched, it may be, in fraternal blood! Let their last feeble and lingering glance rather 7171behold the gorgeous ensign of the Republic, now known and honored throughout the 7172earth, still full high advanced, its arms and trophies streaming in their original luster, not 7173a stripe erased or polluted, nor a single star obscured; bearing for its motto, no such 7174miserable interrogatory as “What is all this worth?” nor those other words of delusion and 7175folly, “Liberty first, and Union afterwards;” but everywhere, spread all over in characters

364 188 365

7176of living light, blazing on all its ample folds, as they float over the sea and over the land 7177and in every wind under the whole heavens, that other sentiment, dear to every true 7178American heart,--Liberty and Union, now and forever, one and inseparable! 7179 7180

366 189 367

7181Lesson 20: "The Old South--Social Structure and the Conditions of Slavery" 7182 7183Assignment: 7184 7185Visions: 269-281 7186Document 34: Excerpt from the autobiography of Frederick Douglass 7187Document 35: Excerpts from the Narrative of Cornelia, a Slave in Tennessee 7188Document 36: Excerpts from George Fitzhugh's "Slaves without Masters" 7189 7190Learning Objectives: 7191 71921. Explain how the varied geography of the South influenced the distribution and types 7193of staple crops, and regional densities of slavery. 7194 7195______7196 7197______7198 7199______7200 7201______7202 7203 7204______7205 7206______7207 72082. Describe how the institution of slavery had affected white Southern culture, paying 7209particular attention to gender roles on the plantation. 7210 7211______7212 7213______7214 7215______7216 7217______7218 7219______7220 7221______7222 72233. Evaluate whether slaveowners wanted to preserve the institution of slavery more 7224because it was an essential system of labor, or because it had become an integral part of 7225their culture. 7226

368 190 369

7227______7228 7229______7230 7231______7232 7233______7234 7235______7236 7237______7238 72394. Describe the conditions of slavery, to include work, discipline, social hierarchy, food, 7240shelter, and medical provisions. How does Frederick Douglass describe the conditions of 7241slavery? How does Cornelia describe slavery? 7242 7243______7244 7245______7246 7247______7248 7249______7250 7251______7252 7253______7254 7255______7256 7257______7258 7259______7260 72615. Describe the slave culture--its family structure, religion, folk tales, entertainment, 7262community, and patterns of resistance. Explain how this culture helped slaves to cope 7263with the pressures of slavery. 7264 7265______7266 7267______7268 7269______7270 7271______7272

370 191 371

7273______7274______7275 7276______7277 72786. Describe how paternalistic whites in general, and George Fitzhugh in particular, 7279viewed and justified slavery. 7280 7281______7282 7283______7284 7285______7286 7287______7288 7289______7290 7291______7292 7293______7294 72957. What are the implications, both for Thomas Jefferson in particular and for Southern 7296slaveholders as a whole, arising from the fact that it is extremely likely that Jefferson had 7297an affair and children with his slave, Sally Hemings? 7298 7299______7300 7301______7302 7303______7304 7305______7306 7307______

372 192 373

7308Document 34: Extract from the 1845 autobiography of Frederick Douglass 7309 7310Note: the document refers to an incident that occurred in 1833. 7311 7312MASTER THOMAS at length said he would stand it no longer. I had lived with him nine 7313months, during which time he had given me a number of severe whippings, all to no 7314good purpose. He resolved to put me out, as he said, to be broken; and, for this 7315purpose, he let me for one year to a man named Edward Covey. Mr. Covey was a poor 7316man, a farm-renter. He rented the place upon which he lived, as also the hands with 7317which he till it. Mr. Covey had acquired a very high reputation for breaking young slaves 7318and this reputation was of immense value to him. It enabled him to get his farm tilled with 7319much less expense to himself than he could have had it done without such a reputation. 7320Some slaveholders thought it not much loss to allow Mr. Covey to have their slaves one 7321year, for the sake of the training to which they were subjected, without any other 7322compensation. He could hire young help with great ease, in consequence of this 7323reputation. Added to the natural good qualities of Mr. Covey, he was a professor of 7324religion—a pious soul—a member and a class-leader in the Methodist church. All of this 7325added weight to his reputation as a "nigger-breaker." I was aware of all the facts, having 7326been made acquainted with them by a young man who had lived there. I nevertheless 7327made the change gladly; for I was sure of getting enough to eat, which is not the 7328smallest consideration to a hungry man. 7329 7330I left Master Thomas’s house, and went to live with Mr. Covey, on the 1st of January, 73311833. I was now, for the first time in my life, a field hand. In my new employment, I found 7332myself even more awkward than a country boy appeared to be in a large city. I had been 7333at my new home but one week before Mr. Covey gave me a very severe whipping, 7334cutting my back, causing the blood to run, and raising ridges on my flesh as large as my 7335little finger. The details of this affair are as follows: Mr. Covey sent me, very early in the 7336morning of one of our coldest days in the month of January, to the woods, to get a load 7337of wood. He gave me a team of unbroken oxen. He told me which was the in-hand ox, 7338and which the off-hand one. He then tied the end of a large rope around the horns of the 7339in-hand ox, and gave me the other end of it, and told me, if the oxen started to run, that I 7340must hold on upon the rope. I had never driven oxen before, and of course I was very 7341awkward. I, however, succeeded in getting to the edge of the woods with little difficulty; 7342but I had got a very few rods into the woods, when the oxen took fright, and started full 7343tilt, carrying the cart against trees, and over stumps, in the most frightful manner. I 7344expected every moment that my brains would be dashed out against the trees. After 7345running thus for a considerable distance, they finally upset the cart, dashing it with great 7346force against a tree, and threw themselves into a dense thicket. How I escaped death, I 7347do not know. There I was, entirely alone, in a thick wood, in a place new to me. My cart 7348was upset and shattered, my oxen were entangled among the young trees, and there 7349was none to help me. After a long spell of effort, I succeeded in getting my cart righted, 7350my oxen disentangled, and again yoked to the cart. I now proceeded with my team to the 7351place where I had, the day before, been chopping wood, and loaded my cart pretty 7352heavily, thinking in this way to tame my oxen. I then proceeded on my way home. 7353 7354I had now consumed one half of the day. I got out of the woods safely, and felt out of 7355danger. I stopped my oxen to open the woods gate; and just as I did so, before I could 7356get hold of my ox-rope, the oxen again started, rushed through the gate, catching it 7357between the wheel and the body of the cart, tearing it to pieces, and coming within a few

374 193 375

7358inches of crushing me against the gate-post. Thus twice, in one short day, I escaped 7359death by the merest chance. On my return, I told Mr. Covey what had happened, and 7360how it happened. He ordered me to return to the woods again immediately. I did so, and 7361he followed on after me. Just as I got into the woods, he came up and told me to stop my 7362cart, and that he would teach me how to trifle away my time, and break gates. He then 7363went to a large gum-tree, and with his ax cut three large switches, and, after trimming 7364them up neatly with his pocket-knife, he ordered me to take off my clothes. I made him 7365no answer, but stood with my clothes on. He repeated his order. I still made him no 7366answer, nor did I move to strip myself. Upon this he rushed at me with the fierceness of 7367a tiger, tore off my clothes, and lashed me till he had worn out his switches, cutting me 7368so savagely as to leave the marks visible for a long time after. This whipping was the 7369first of a number just like it, and for similar offenses. 7370 7371I lived with Mr. Covey one year. During the first six months of that year, scarce a week 7372passed without his whipping me. I was seldom free from a sore back. My awkwardness 7373was almost always his excuse for whipping me. We were worked fully up to the point of 7374endurance. Long before day we were up, our horses fed, and by the first approach of 7375day we were off to the field with our hoes and plowing teams. Mr. Covey gave us enough 7376to eat, but scarce time to eat it. We were often less than five minutes taking our meals. 7377We were often in the field from the first approach of day till its last lingering ray had left 7378us; and at saving-fodder time, midnight often caught us in the field binding blades. 7379 7380Covey would be out with us. The way he used to stand it was this. He would spend the 7381most of his afternoons in bed. He would then come out fresh in the evening, ready to 7382urge us on with his words, example, and frequently with the whip. Mr. Covey was one of 7383the few slaveholders who could and did work with his hands. He was a hard-working 7384man. He knew by himself just what a man or a boy could do. There was no deceiving 7385him. His work went on in his absence almost as well as in his presence; and he had the 7386faculty of making us feel that he was ever present with us. This he did by surprising us. 7387He seldom approached the spot where we were at work openly, if he could do it secretly. 7388He always aimed at taking us by surprise. Such was his cunning, that we used to call 7389him, among ourselves, "the snake." 7390 7391When we were at work in the cornfield, he would sometimes crawl on his hands and 7392knees to avoid detection, and all at once he would rise nearly in our midst, and scream 7393out, "Ha, ha! Come, come! Dash on, dash on!" this being his mode of attack, it was 7394never safe to stop a single minute. His comings were like a thief in the night. He 7395appeared to us as being ever at hand. He was under every tree, behind every stump, in 7396every bush, and at every window, on the plantation. He would sometimes mount his 7397horse, as if bound to St. Michael’s, a distance of seven miles, and in half an hour 7398afterwards you would see him coiled up in the corner of the wood-fence, watching every 7399motion of the slaves. He would, for this purpose, leave his horse tied up in the woods. 7400Again, he would sometimes walk up to us, and give us orders as though he was upon 7401the point of starting on a long journey, turn his back upon us, and make as though he 7402was going to the house to get ready; and, before he would get half way thither, he would 7403turn short and crawl into a fence-corner, or behind some tree, and there watch us till the 7404going down of the sun. 7405 7406Mr. Covey’s "forte" consisted in his power to deceive. His life was devoted to planning 7407and perpetrating the grossest deceptions. Every thing he possessed in the shape of 7408learning or religion, he made conform to his disposition to deceive. He seemed to think

376 194 377

7409himself equal to deceiving the Almighty. He would make a short prayer in the morning, 7410and a long prayer at night; and, strange as it may seem, few men would at times appear 7411more devotional than he. The exercises of his family devotions were always commenced 7412with singing; and, as he was a very poor singer himself, the duty of raising the hymn 7413generally came upon me. He would read his hymn, and nod at me to commence. I would 7414at times do so; at others, I would not. My noncompliance would almost always produce 7415much confusion. To show himself independent of me, he would start and stagger 7416through with his hymn in the most discordant manner. In this state of mind, he prayed 7417with more than ordinary spirit. Poor man! such was his disposition, and success at 7418deceiving, I do verily believe that he sometimes deceived himself into the solemn belief, 7419that he was a sincere worshipper of the most high God…. 7420 7421If at any one time of my life more than another, I was made to drink the bitterest dregs of 7422slavery, that time was during the first six months of my stay with Mr. Covey. We were 7423worked in all weathers. It was never too hot or too cold; it could never rain, blow, hail or 7424snow, too hard for us to work in the field. Work, work, work, was scarcely more the order 7425of the day than of the night. The longest days were too short for him, and the shortest 7426nights too long for him. I was somewhat unmanageable when I first went there, but a few 7427months of this discipline tamed me. Mr. Covey succeeded in breaking me. I was broken 7428in body, soul and spirit. My natural elasticity was crushed, my intellect languished, the 7429disposition to read departed, the cheerful spark that lingered about my eye died; the dark 7430night of slavery closed in upon me; and behold a man transformed into a brute! 7431 7432

378 195 379

7433Document 35: Narrative of Cornelia, a Slave in Tennessee 7434 7435 My mother was the smartest black woman in Eden. She was as quick as a flash of 7436lightning, and whatever she did could not be done better. She could do anything. She 7437cooked, washed, ironed, spun, nursed and labored in the field. She made as good a field 7438hand as she did a cook. I have heard Master Jennings say to his wife, "Fannie has her 7439faults, but she can outwork any nigger in the country, I'd bet my life on that." 7440 My mother certainly had her faults as a slave. She was very different in nature 7441from Aunt Caroline. Ma fussed, fought, and kicked all the time. I tell you, she was a 7442demon. She said that she wouldn't be whipped, and when she fussed, all Eden must have 7443known it. She was loud and boisterous, and it seemed to me that you could hear her a 7444mile away. Father was often the prey of her high temper. With all her ability for work, 7445she did not make a good slave. She was too high-spirited and independent. I tell you, 7446she was a captain. . . . 7447 7448 One day my mother's temper ran wild. For some reason Mistress Jennings struck 7449her with a stick. Ma struck back and a fight followed. Mr. Jennings was not at home and 7450the children became frightened and ran upstairs. For half hour they wrestled in the 7451kitchen. Mistress, seeing that she could not get the better of ma, ran out in the road, with 7452ma right on her heels. In the road, my mother flew into her again. The thought seemed 7453to race across my mother's mind to tear mistress' clothing off her body. She suddenly 7454began to tear Mistress Jennings' clothes off. She caught hold, pulled, ripped and tore. 7455Poor mistress was nearly naked when the storekeeper got to them and pulled ma off. 7456 "Why, Fannie what to do you mean by that?" he asked. 7457 "Why, I'll kill her, I'll kill dead if she ever strikes me again." 7458 I have never been able to find out the why of the whole thing. My mother was in 7459a rage for two days, and when pa asked her about it and told her that she shouldn't have 7460done it, it was all that Aunt Caroline could do to keep her from giving him the same does 7461of medicine. 7462 "No explaining necessary. You are chicken-livered, and you couldn't 7463understand." This was all ma would say about it. 7464 Pa heard Mr. Jennings say that Fannie would have to be whipped by law. He told 7465ma. Two mornings afterwards, two men came in at the big gate, one with a long lash in 7466his hand. I was in the yard and I hoped they couldn't find ma. To my surprise, I saw her 7467running around the house, straight in the direction of the men. She must have seen them 7468coming. I should have known that she wouldn't hide. She knew what they were coming 7469for, and she intended to meet them halfway. She swooped upon them like a hawk on 7470chickens. I believe they were afraid of her or thought she was crazy. One man had a 7471long beard which she grabbed with one hand, and the lash with the other. Her body was 7472made strong with madness. She was a good match for them. Mr. Jennings came and 7473pulled her away. I don't know what would have happened if he hadn't come at that 7474moment, for one man had already pulled his gun out. Ma did not see the gun until Mr. 7475Jennings came up. On catching sight of it, she said, "Use your gun, use it and blow my 7476brains out if you will."

380 196 381

7477 Master sent her to the cabin and he talked with the man for a long time. I had 7478watched the whole scene with hands calmly clasped in front of me. I felt no urge to do 7479anything but look on. 7480 That evening Mistress Jennings came down to the cabin. She stopped at the door 7481and called my mother. Ma came out. 7482 "Well, Fannie," she said, "I'll have to send you away. You won't be whipped, and 7483I'm afraid you'll get killed. They have to knock you down like a beef." 7484 "I'll go to hell or anywhere else, but I won't be whipped," ma answered. . . . 7485 7486 About a week later, she called me and told me that she and pa were going to leave 7487me the next day, that they were going to Memphis. She didn't know for how long. 7488 "But don't be abused, Puss." She always called me Puss. My right name was 7489Cornelia. I cannot tell in words the feelings I had at that time. My sorrow knew no 7490bound. My very soul seemed to cry out. "Gone, gone, gone forever." I cried until my 7491eyes looked like balls of fire. I felt for the first time in my life that I had been abused. 7492How cruel it was to take my mother and father from me, I thought. My mother had been 7493right. Slavery was cruel, so very cruel. 7494 Thus my mother and father were hired to Tennessee. The next morning they were 7495to leave. I saw ma working around with the baby under her arms as if it had been a 7496bundle of some kind. Pa came up to the cabin with an old mare for ma to ride, and an old 7497mule for himself. Mr. Jennings was with him. 7498 "Fannie, leave the baby with Aunt Mary," said Mr. Jennings very quietly. 7499 At this, ma took the baby by its feet, a foot in each hand, and with the baby's head 7500swinging downward, she vowed to smash its brains out before she'd leave it. Tears were 7501streaming down her face. It was seldom that ma cried, and everyone knew that she meant 7502every word. Ma took her baby with her. . . . 7503 7504 An uneventful year passed. I was destined to be happily surprised by the return of 7505my mother and father. They came one day, and found me sitting by the roadside in a sort 7506of trance. I had not seen them approaching; neither was I aware of their presence until 7507ma spoke. Truly, I had been thinking of ma and pa at the time. I had dreams of seeing 7508them again, but I thought that I would have to go to them. I could hardly believe that ma 7509and pa were standing before my very eyes. I asked myself if I was still dreaming. No, I 7510was not dreaming. They were standing over me. Ma was speaking to me. 7511 "Puss, we've come back, me and pa, and we've come to stay." 7512 "Oh, Ma," I exclaimed, "I was a praying to see you." 7513 She and pa embraced and caressed me for a long time. . . . 7514 7515 7516 7517

382 197 383

7518Document 36: Excerpts from George Fitzhugh's 1857 "Slaves Without Masters" 7519 7520 We are all, North and South, engaged in the white slave trade, and he who 7521succeeds best is esteemed most respectable. It is far more cruel than the black slave 7522trade, because it exacts more of its slaves, and neither protects nor governs them. We 7523boast that it exacts more when we say, "that the profits made from employing free labor 7524are greater than those from slave labor." The profits made from free labor are the amount 7525of the products of such labor which the employer, by means of the command which 7526capital or skill gives him, takes away, exacts, or "exploitates" from the free laborer. The 7527profits of slave labor are that portion of the products of such labor which the power of the 7528master enables him to appropriate. These profits are less, because the master allows the 7529slave to 7530retain a larger share of the results of his own labor than do the employers of free labor. 7531 But we not only boast that the white slave trade is more exacting and fraudulent 7532(in fact, though not in intention) than black slavery but we also boast that it is more cruel, 7533in leaving the laborer to take care of himself and family out of the pittance which skill or 7534capital have allowed him to retain. When the day's labor is ended, he is free, but is 7535overburdened with the cares of family and household, which make his freedom an empty 7536and delusive mockery. But his employer is really free and may enjoy the profits made by 7537others' labor, without a care or a trouble as to their well-being. The Negro slave is free, 7538too, when the labors of the day are over, and free in mind as well as body; for the master 7539provides food, raiment, house, fuel, and everything else necessary to the physical well- 7540being of himself and family. The master's labors commence just when the slave's end. 7541No wonder men should prefer white slavery to capital, to Negro slavery, since it is more 7542profitable and is free from all the cares and labors of black slaveholding. . . . 7543 7544 The Negro slaves of the South are the happiest and, in some sense, the freest 7545people in the world. The children and the aged and infirm work not at all and yet have all 7546the comforts and necessaries of life provided for them. They enjoy liberty, because they 7547are oppressed neither by care nor labor. The women do little hard work and are protected 7548from the despotism of their husbands by their masters. The Negro men and stout boys 7549work, on the average, in good weather, not more than nine hours a day. The balance of 7550their time is spent in perfect abandon. Besides, they have their Sabbaths and holidays. 7551White men, with so much license and liberty, would die of ennui, but Negroes luxuriate 7552in corporeal and mental repose. With their faces upturned to the sun, they can sleep at 7553any hour; and quiet sleep is the greatest of human enjoyments. "Blessed be the man who 7554invented sleep." 'Tis happiness in itself, and results from contentment with the present 7555and confident assurance of the future. 7556 We do not know whether free laborers ever sleep. They are fools to do so; for, 7557while they sleep, the wily and watchful capitalist is devising means to ensnare and 7558exploitate them. The free laborer must work or starve. He is more of a slave than the 7559Negro, because he works longer and harder for less allowance than the slave, and has no 7560holiday, because the cares of life with him begin when its labors end. He has no liberty 7561and not a single right. We know, 'tis often said, air and water are common property, 7562which all have equal right to participate and enjoy; but this is utterly false. The 7563appropriation of the lands carries with it the appropriate of all on or above the lands

384 198 385

7564-- usque and caelum, aut ad inferos. A man cannot breathe the air without a place to 7565breathe it from, and all places are appropriated. All water is private property "to the 7566middle of the stream," except the ocean, and that is not fit to drink. 7567 Free laborers have not a thousandth part of the rights and liberties of Negro 7568slaves. Indeed, they have not a single right or a single liberty, unless it be the right or 7569liberty to die. But the reader may think that he and other capitalists and employers are 7570freer than Negro slaves. Your capital would soon vanish if you dared indulge in the 7571liberty and abandon of Negroes. You hold your wealth and position by the tenure of 7572constant watchfulness, care, and circumspection. You never labor; but you are never 7573free. 7574 Where a few own the soil, they have unlimited power over the balance of society, 7575until domestic slavery comes in to compel them to permit this balance of society to draw 7576a sufficient and comfortable living from terra mater. Free society asserts the right of a 7577few to the earth; slavery maintains that it belongs, in different degrees, to all. 7578 But, reader, well may you follow the slave trade. It is the only trade worth 7579following, and slaves the only property worth owning. All other is worthless, a mere 7580caput mortuum except insofar as it vests the owner with the power to command the labors 7581of others: to enslave them. Give you a palace, 10,000 acres of land, sumptuous clothes, 7582equipage and every other luxury; and, with your artificial wants, you are poorer than 7583Robinson Crusoe or the lowest workingman if you have no slaves to capital or domestic 7584slaves. Your capital will not bring you an income of a cent, nor supply one of your 7585wants, without labor. Labor is indispensable to give value to property, and if you owned 7586everything else and did not own labor, you would be poor. But $50,000 means, and is 7587$50,000 worth of slaves. You can command, without touching on that capital, $3,000 7588worth of labor per annum. You could do no more were you to buy slaves with it, and 7589then you would be cumbered with the cares of governing and providing for them. You 7590are a slaveholder now, to the amount of $50,000 with all the advantages and none of the 7591cares and responsibilities of a master. 7592 "Property in man" is what all are struggling to obtain. Why should they not be 7593obliged to take care of man, their property, as they do their horses and their hounds, their 7594cattle and their sheep? Now, under the delusive name of liberty, you work him "from 7595morn to dewy eve," from infancy to old age; then turn him out to starve. You treat your 7596horses and hounds better. Capital is a cruel master. The free slave trade, the commonest 7597yet the cruelest of trades. 7598 7599

386 199 387

7600Lesson 21: "Westward Expansion" 7601 7602Assignment: 7603 7604Visions: 316-329, 342-345 7605Document 37: Excerpts from John L. O'Sullivan's "Manifest Destiny" speech 7606 7607Document 37: Excerpts from John L. O'25-Sullivan's 1845 "Manifest Destiny" 7608speech 7609 7610 It is time now for opposition to the annexation of Texas to cease, all further 7611agitation of the waters of bitterness and strife, at least in connection with this question, 7612even though it may perhaps be required of us as a necessary condition of the freedom of 7613our institutions, that we must live on forever in a state of unpausing struggle and 7614excitement upon some subject of party division or other. But, in regard to Texas, enough 7615has now been given to party. It is time for the common duty of patriotism to the country 7616to succeed; or if this claim will not be recognized, it is at least time for common sense to 7617acquiesce with decent grace in the inevitable and the irrevocable. 7618 7619 Why were other reasoning wanting, in favor of now elevating this question of the 7620reception of Texas into the Union, out of the lower region of our past party dissensions, 7621up to its proper level of a high and broad nationality, it surely is to be found, found 7622abundantly, in the manner in which other nations have undertaken to intrude themselves 7623into it, between us and the proper parties to the case, in a spirit of hostile interference 7624against us, for the avowed object of thwarting our policy and hampering our power, 7625limiting our greatness and checking the fulfillment of our manifest destiny to overspread 7626the continent allotted by Providence for the free development of our yearly multiplying 7627millions. This we have seen done by England, our old rival and enemy; and by France, 7628strangely coupled with her against us, under the influence of the Anglicism strongly 7629tinging the policy of her present prime minister, Guizot. . . . 7630 7631 It is wholly untrue, and unjust to ourselves, the pretense that the annexation has 7632been a measure of spoliation, unrightful and unrighteous -- of military conquest under 7633forms of peace and law -- of territorial aggrandizement at the expense of justice, justice 7634due by a double sanctity to the weak. This view of the question is wholly unfounded, and 7635has been before so amply refuted in these pages, as well as in a thousand other modes, 7636that we shall not again dwell upon it. 7637 7638 The independence of Texas was complete and absolute. It was an independence, 7639not only in fact, but of right. No obligation of duty toward Mexico tended in the least 7640degree to restrain our right to effect the desired recovery of the fair province once our 7641own -- whatever motives of policy might have prompted a more deferential consideration 7642of her feelings and her pride, as involved in the question. If Texas became peopled with 7643an American population, it was by no contrivance of our government, but on the express 7644invitation of that of Mexico herself; accompanied with such guaranties of state 7645independence, and the maintenance of a federal system analogous to our own, as

388 200 389

7646constituted a compact fully justifying the strongest measures of redress on the part of 7647those afterward deceived in this guaranty, and sought to be enslaved under the yoke 7648imposed by its violation. 7649 7650 She was released, rightfully and absolutely released, from all Mexican allegiance, 7651or duty of cohesion to the Mexican political body, by the acts and fault of Mexico herself, 7652and Mexico alone. There never was a clearer case. It was not revolution; it was 7653resistance to revolution: and resistance under such circumstances as left independence the 7654necessary resulting state, caused by the abandonment of those with whom her former 7655federal association had existed. What then can be more preposterous than all this clamor 7656by Mexico and the Mexican interest, against annexation, as a violation of any rights of 7657hers, any duties of ours?. . . . 7658 7659 California will probably, next fall away from the loose adhesion which, in such a 7660country as Mexico, holds a remote province in a slight equivocal kind of dependence on 7661the metropolis. Imbecile and distracted, Mexico never can exert any real government 7662authority over such a country. The importance of the one and the distance of the other, 7663must make the relation one of virtual independence; unless, by stunting the province of 7664all natural growth, and forbidding that immigration which can alone develope its 7665capabilities and fulfill the purposes of its creation, tyranny may retain a military 7666dominion, which is no government in the legitimate sense of the term. 7667 7668 In the case of California this is now impossible. The Anglo-Saxon foot is already 7669on its borders. Already the advance guard of the irresistible army of the Anglo-Saxon 7670emigration has begun to pour down upon it, armed with the plough and the rifle, and 7671marking its trail with schools and colleges, courts and representative halls, mills and 7672meetinghouses. A population will soon be in actual occupation of California, over which 7673it will be idle for Mexico to dream of dominion. They will necessarily become 7674independent. All this without agency of our government, without responsibility of our 7675people -- in the natural flow of events, the spontaneous working of principles, and the 7676adaptation of the tendencies and wants of the human race to the elemental circumstances 7677in the midst of which they find themselves placed. 7678 7679

390 201 391

7680Lesson 22: "The Mexican War and the Compromise of 1850" 7681 7682Assignment: 7683 7684Visions: 329-341, and 345-348 7685Document 38: Excerpts from John C. Calhoun's "Slavery or Disunion" speech 7686 7687Learning Objectives: 7688 76891. Evaluate the political and economic origins of the decision to annex Texas. 7690 7691______7692 7693______7694 7695______7696 7697______7698 7699______7700 7701______7702 77032. Explain why America launched the Mexican War and how the war’s results affected 7704the United States socially, politically, and economically, and sectionally. 7705 7706______7707 7708______7709 7710______7711 7712______7713 7714______7715 7716______7717 7718______7719 77203. Explain how and why the issue of slavery's extension became so sectionally divisive 7721during and after the Mexican War. Critique Calhoun's argument in his “Slavery or 7722Disunion” speech 7723 7724______7725

392 202 393

7726______7727 7728______7729 7730______7731 7732______7733 7734______7735 7736______7737 77384. Explain why the Compromise of 1850 became necessary, what were its terms, and 7739what were its political results. 7740 7741______7742 7743______7744 7745______7746 7747______7748 7749______7750 7751______7752 7753______7754 7755______7756 7757______7758 7759______7760 7761______7762 7763 7764

394 203 395

7765Document 38: Excerpts from John C. Calhoun's 1850 "Slavery or Disunion" speech. 7766 7767 7768 I have, senators, believed from the first that the agitation of the subject of slavery 7769would, if not prevented by some timely and effective measure, end in disunion. 7770Entertaining this opinion, I have, on all proper occasions, endeavored to call the attention 7771of each of the two great parties which divide the country to adopt some measure to 7772prevent so great a disaster, but without success. The agitation has been permitted to 7773proceed, with almost no attempt to resist it, until it has reached a period when it can no 7774longer go disguised or denied that the Union is in danger. You have thus had forced upon 7775you the greatest and the gravest question that can ever come under your consideration: 7776How can the Union be preserved? 7777 To give a satisfactory answer to this mighty question, it is indispensable to have 7778an accurate and thorough knowledge of the nature and the character of the cause by 7779which the Union is endangered. Without such knowledge, it is impossible to pronounce, 7780with any certainty, by what measure it can be saved. . . . 7781 The first question, then. . . . is: What is it that has endangered the Union? . . . . 7782 One of the causes is, undoubtedly, to be traced to the long continued agitation of 7783the slave question on the part of the North and the many aggressions which they have 7784made on the rights of the South during the time. . . . 7785 There is another lying back of it, with which this is intimately connected, that may 7786be regarded as the great and primary cause. That is to be found in the fact that the 7787equilibrium between the two sections in the government, as it stood when the 7788Constitution was ratified and the government put into action, has been destroyed. At that 7789time there was nearly a perfect equilibrium between the two which afforded ample means 7790to each to protect itself against the aggression of the other; but, as it now stands, one 7791section has the exclusive power of controlling the government, which leaves the other 7792without any adequate means of protecting itself against its encroachment and 7793oppression. . . . 7794 7795 I propose to bestow upon each of these . . . . a few remarks with the view of 7796showing that it is owing to the action of this government that the equilibrium between 7797the two sections has been destroyed and the whole powers of the system centered in a 7798sectional majority. 7799 The first of the series of acts by which the South was deprived of its due share of 7800the territories originated with the Confederacy which preceded the existence of this 7801government. . . . 7802 7803 To sum up the whole, the United States, since they declared their independence, 7804have acquired 2,373,046 square miles of territory, from which the North will have 7805excluded the South if she should succeed in monopolizing the newly acquired territories, 7806from about three-fourths of the whole, leaving to the South but about one-fourth. 7807 Such is the first and great cause that has destroyed the equilibrium between the 7808two sections in the government. 7809 The next is the system of revenue and disbursements which has been adopted by 7810the government. It is well known that the government has derived its revenue mainly

396 204 397

7811from duties on imports. I shall not under take to show that such duties must necessarily 7812fall mainly on the exporting states, and that the South, as the great exporting portion of 7813the Union, has in reality paid vastly more than her due proportion of the revenue because. 7814. . . the subject has on so many occasions been fully discussed. Nor shall I, for the same 7815reason, undertake to show that a far greater portion of the revenue has been disbursed at 7816the North than its due share, and that the joint effect of these causes has been to transfer a 7817vast amount from South to North, which, under an equal system of revenue and 7818disbursement, would not have been lost to her. . . . 7819 7820 The result of the whole of these causes combined is that the North has acquired a 7821decided ascendancy over every department of this government, and through it a control 7822over all the powers of the system. A single section, governed by the will of the numerical 7823majority, has now in fact the control of the government and the entire powers of the 7824system. What was once a constitutional federal republic is now converted, in reality, into 7825one as absolute as that of the Autocrat of Russia, and as despotic in tendency as any 7826absolute government that ever existed. 7827 As, then, the North has the absolute control over the government, it is manifest 7828that on all questions between it and the South, where there is a diversity of interests, the 7829interests of the latter will be sacrificed to the former, however oppressive the effects may 7830be, as the South possesses no means by which it can resist through the action of the 7831government. But if there was no question of vital importance to the South, in reference to 7832which there was a diversity of views between the two sections, this state of things might 7833be endured without the hazard of destruction to the South. There is a question of vital 7834importance to the Southern section, in reference to which the views and feelings of the 7835two sections are as opposite and hostile as they can possibly be. 7836 I refer to the relation between the two races in the Southern section, which 7837constitutes a vital portion of her social organization. Every portion of the North 7838entertains views and feelings more or less hostile to it. Those most opposed and hostile 7839regard it as a sin, and consider themselves under the most sacred obligation to use every 7840effort to destroy it. Indeed, to the extent that they conceive they have power, they regard 7841themselves as implicated in the sin and responsible for suppressing it by the use of all and 7842every means. Those less opposed and hostile regard it as a crime -- an offense against 7843humanity, as they call it -- and, although not so fanatical, feel themselves bound to use 7844all efforts to effect the same object; while those who are least opposed and hostile regard 7845it as a blot and a stain on the character of what they call the nation, and feel themselves 7846accordingly bound to give it no countenance or support. On the contrary, the Southern 7847section regards the relation as one which cannot be destroyed without subjecting the two 7848races to the greatest calamity and the section to poverty, desolation, and wretchedness; 7849and accordingly they feel bound by every consideration of interest and safety to defend it. 7850 This hostile feeling on the part of the North toward the social organization of the 7851South long lay dormant, but it only required some cause to act on those who felt most 7852intensely that they were responsible for its continuance to call it into action. The 7853increasing power of this government and of the control of the Northern section over all its 7854departments furnished the cause. It was this which made an impression on the minds of 7855many that there was little or no restraint to prevent the government from doing whatever 7856it mighty choose to do. This was sufficient of itself to put the most fanatical portion of

398 205 399

7857the North in action for the purpose of destroying the existing relation between the two 7858races in the South. . . . 7859 7860 What has since followed are but the natural consequences. With the success of 7861their first movement, this small, fanatical party began to acquire strength; and, with that, 7862to become an object of courtship to both the great parties with their doctrines, until the 7863infection has extended over both, and the great mass of the population of the North who, 7864whatever may be their opinion of the original Abolition Party which still preserves its 7865distinctive organization, hardly ever fail, when it comes to acting, to cooperate in 7866carrying out their measures. . . . 7867 Unless something decisive is done, I again ask what is to stop this agitation before 7868the great and final object at which it aims -- the abolition of slavery in the South -- is 7869consummated? Is it, then, not certain that if something decisive is not now done to arrest 7870it, the South will be forced to choose between abolition and secession? Indeed as events 7871are now moving, it will not require the South to secede to dissolve the Union. Agitation 7872will of itself effect it. . . . 7873 It is a great mistake to suppose that disunion can be effected by a single blow. 7874The cords which bind these states together in one common Union are far too numerous 7875and powerful for that. Disunion must be the work of time. It is only through a long 7876process, and successively, that the cords can be snapped, until the whole fabric falls 7877asunder. Already the agitation of the slavery question has snapped some of the most 7878important and has greatly weakened all the others. . . 7879 If the agitation goes on, the same force, acting with increased intensity. . . will 7880snap every cord, when nothing will be left to hold the states together except force. But 7881surely that can, with no propriety of language, be called a union, when the only means by 7882which the weaker is held connected with the stronger portion is force. It may, indeed, 7883keep them connected; but the connection will partake much more of the character of 7884subjugation on the part of the weaker to the stronger than the union of free, independent, 7885and sovereign states in one confederation, as they stood in the early stages of the 7886government, and which only is worthy of the sacred name of Union. 7887 Having now, senators, explained what it is that endangers the Union, and traced it 7888to its cause, and explained its nature and character, the question again recurs: How can 7889the Union be saved? To this I answer there is but one way by which it can be; and that is 7890by adopting such measures as will satisfy the states belonging to the Southern section that 7891they can remain in the Union consistently with their honor and their safety. . . . 7892 7893 Having now shown what cannot save the Union, I return to the question with 7894which I commenced: How can the Union be saved? There is but one way by which it 7895can with any certainty, and that is by a full and final settlement on the principle of justice 7896of all the questions at issue between the two sections. The South asks for justice, simple 7897justice, and less she ought not to take. She has no compromise to offer but the 7898Constitution, and no concession or surrender to make. She has already surrendered so 7899much that she has little left to surrender. Such a settlement would go to the root of the 7900evil and remove all cause of discontent by satisfying the South that she could remain 7901honorably and safely in the Union; and thereby restore the harmony and fraternal feelings 7902between the sections which existed anterior to the Missouri agitation. Nothing else can,

400 206 401

7903with any certainty, finally and forever settle the questions at issue, terminate agitation, 7904and save the Union. 7905 But can this be done? Yes, easily; not by the weaker party, for it can of itself do 7906nothing -- not even protect itself -- but by the stronger. The north has only to will it to 7907accomplish it; to do justice by conceding to the South an equal right in the acquired 7908territory, and to do her duty by causing the stipulations relative to fugitive slaves to be 7909faithfully fulfilled; to cease the agitation of the slave question; and to provide for the 7910insertion of a provision in the Constitution, by an amendment, which will restore to the 7911South in substance the power she possessed of protecting herself before the equilibrium 7912between the sections was destroyed by the action of this government. There will be no 7913difficulty in devising such a provision -- one that will protect the South and which, at the 7914same time, will improve and strengthen the government instead of impairing and 7915weakening it. 7916 But will the North agree to do this? It is for her to answer this question. But I 7917will say she cannot refuse if she has half the love of the Union which she professes to 7918have, or without justly exposing herself to the charge that her love of power and 7919aggrandizement is far greater than her love of the Union. At all events, the responsibility 7920of saving the Union rests on the North and not the South. The South cannot save it by 7921any act of hers, and the North may save it without any sacrifice whatever, unless to do 7922justice and to perform her duties under the Constitution should be regarded by her as a 7923sacrifice. 7924

402 207 403

7925 Thought Exercise 7926 79271. ______wrote South Carolina’s first constitution. 79282. In his Second Treatise, ______said that property is the basis of liberty. 79293. One of the main reasons the colonists fought the American Revolution was that they were being 7930______without ______. 79314. This was important because the power to ______was seen as being the power to ______, 7932because it took ______which was the basis of ______. 79335. If Southerners fought the Civil War to preserve the South as it was, what was the difference in the 7934reason why the colonists fought for American Independence and Southerners fought the Civil War? 7935______79366. Was the American Revolution fought to free slaves? ______79377. Did the U.S. Constitution, as originally written, protect slavery? ______79388. In 1850 which side, North or South, was closer to the ideal of government as constituted in the 1770s 7939and 1780s? ______79409. Which changed more from 1780 to 1850, the North or the South? ______7941Why? ______794210. When did slave importation end? ______794311. What was the average male life expectancy in 1850? ______794412. How likely was it, in 1850, that a sixty year old slave owner had ever imported a slave? 7945______794613. How much did an average slave cost in 1850? ______794714. What was the average annual wage? ______794815. In today’s dollars, how much would a slave have cost in 1850? ______794916. How much does the average house cost today in Columbia? ______795017. How did abolitionists plan to reimburse slave-owners for freeing their slaves? 7951______795218. What would be the cost today of freeing half the population of South Carolina? ______795319. This amount converts to $1 million a day for how many years? ______795420. What would happen to South Carolina today if the state lost that much money? 7955______7956 7957NOTE: None of the above discussion seeks to justify slavery, which was morally indefensible. It seeks to 7958explain the political ideology behind slavery, and the economic cost of emancipation to slave-owners. It 7959seeks to explain why white Southerners fought so hard to defend the institution of slavery. 7960

404 208 405

7961Lesson 23: "Sectional Changes and the Political Realignment of the 1850s" 7962 7963Assignment: Visions: 349-360; Note: President Pierce’s name is pronounced “purse.” 7964 Document 39: Extract from Charles Sumner’s Speech on the Floor of 7965 the Senate, 19 & 20 May, 1856 7966 7967Learning Objectives: 7968 79691. Explain how changing transport networks and patterns of commerce, patterns of 7970immigration, and the settlement of the West exacerbated sectional tensions between the 7971North and South during the 1840s and 1850s. 7972 7973______7974 7975______7976 7977______7978 7979______7980 7981______7982 7983______7984 79852. Explain why the Kansas-Nebraska Act was necessary, its terms, and its political 7986consequences. 7987 7988______7989 7990______7991 7992______7993 7994______7995 7996______7997 7998______7999 80003. Explain the causes and implications of the collapse of the second American party 8001system. 8002 8003______8004 8005______8006

406 209 407

8007______8008 8009______8010 8011______8012 8013______8014 80154. Explain the reasons for and the implications of the rise of the Republican party. 8016Describe the party's ideology. 8017 8018______8019 8020______8021 8022______8023 8024______8025 8026______8027 8028______8029 8030______8031 80325. Based on your reading of his speech in the Senate (Document 39), what was 8033Massachusetts Senator Charles Sumner’s opinion of South Carolina? What did he say 8034that led to his caning by Representative Preston Brooks, of South Carolina? What does 8035this speech imply about the level of hostility between North and South in 1856? 8036 8037______8038 8039______8040 8041______8042 8043______8044 8045______8046 8047______8048 8049 8050 8051Document 39: Extract from Charles Sumner’s Speech on the Floor of the Senate, 19 & 20 8052May, 1856 8053

408 210 409

8054[Parallels with the Revolution] 8055 8056 As the tyranny of the British king is all renewed in the president, so on this floor have the 8057old indignities been renewed, which embittered and fomented the troubles of our fathers. The 8058early petition of the American Congress to Parliament, long before any suggestion of 8059independence, was opposed--like the petitions of Kansas--because that body “was assembled 8060without any requisition on the part of the supreme power.” Another petition form New York, 8061presented by Edmund Burke, was flatly rejected, as claiming rights derogatory to Parliament. 8062And still another petition from Massachusetts Bay was dismissed as “vexatious and scandalous,” 8063while the patriot philosopher who bore it was exposed to peculiar contumely. Throughout the 8064debates, our fathers were made the butt of sorry jests and supercilious assumptions. And now 8065these scenes, with these precise objections, have been renewed in the American Senate. 8066 8067[Attacks upon Senator Butler] 8068 8069 Before entering upon the argument, I must say something of a general character, 8070particularly in response to what has fallen from Senators who have raised themselves to 8071eminence on this floor in championship of human wrong: I mean the Senator from South Carolina 8072[Mr. Butler] and the Senator from Illinois [Mr. Douglas], who, though unlike as Don Quixote and 8073Sancho Panza, yet, like this couple, sally forth together in the same adventure. I regret much to 8074miss the elder Senator from his seat; but the cause against which he has run a tilt, with such 8075ebulliion of animosity, demands that the opportunity of exposing him should not be lost; and it is 8076for the cause that I speak. The Senator from South Carolina has read many books of chivalry, 8077and believes himself a chivalrous knight, with sentiments of honor and courage. Of course he 8078has chosen a mistress to whom he has made his vows, and who, though ugly to others, is always 8079lovely to him,--though polluted in the sight of the world, is chaste in his sight: I mean the harlot 8080Slavery. For her his tongue is always profuse in words. Let her be impeached in character, or 8081any proposition be made to shut her out from the extension of her wantonness, and no 8082extravagance of manner or hardihood of assertion is then too great for the Senator. The frenzy of 8083Don Quixote in behalf of his wench Dulchinea del Toboso is all surpassed. The asserted rights of 8084Slavery, which shock equality of all kinds, are cloaked by a fantastic claim of equality. If the 8085Slave States cannot enjoy what, in mockery of the great fathers of the Republic, he misnames 8086Equality under the Constitution,--in other words, the full power of the National Territories to 8087compel fellow-men to unpaid toil,--then, Sir, the chivalric Senator will conduct the State of South 8088Carolina out of the Union! Heroic Knight! Exalted Senator! A second Moses come for a second 8089exodus! . . . 8090 He [Senator Butler] is the uncompromising, unblushing representative on this floor of a 8091flagrant sectionalism now domineering over the Republic,--and yet, with a ludicrous ignorance of

410 211 411

8092his own position, unable to see himself as other see him, or with an effrontery which even his 8093white head ought not to protect him from rebuke, he applies to those here who resist his 8094sectionalism the very epithet which designates himself. . . . 8095 I affirm that the Republican party of the Union is in no sense just sectional, but, more than 8096any other party, national,--and that it now goes forth to dislodge from the high places that 8097tyrannical sectionalism of which the Senator from South Carolina is one of the maddest zealots. 8098 8099[Further attacks on Senator Butler] 8100 8101 With regret, I come again upon the senator from south Carolina, [Mr. Butler,] who, 8102omnipresent in this debate, overflowed with rage at the simple suggestion that Kansas had 8103applied for admission as a state; and, with incoherent phrases, discharged the loose 8104expectoration of his speech, now upon her representative, and then upon her people. There was 8105no extravagance of the ancient parliamentary debate which he did not repeat; nor was there any 8106possible deviation from truth which he did not make, with so much of passion, I am glad to add, 8107as to save him from the suspicion of intentional aberration. But the senator touches nothing 8108which he does not disfigure--with error, sometimes of principle, sometimes of fact. He shows an 8109incapacity of accuracy, whether in stating the constitution or in stating the law, whether in the 8110details of statistics or the diversions of scholarship. He cannot open his mouth, but out there flies 8111a blunder. Surely he ought to be familiar with the life of Franklin; and yet be referred to this 8112household character, while acting as agent of our fathers in England, as above suspicion; and 8113this was done that he might give point to a false contrast with the agent of Kansas--not knowing 8114that, however they may differ in genius and fame, in this experience they are alike: that Franklin, 8115when intrusted with the petition of Massachusetts bay, was assaulted by a foul-mouthed speaker, 8116where he could not be heard in defense, and denounced as a “thief,” even as the agent of 8117Kansas has been assaulted on this floor, and denounced as a “forger.” And let not the vanity of 8118the senator be inspired by the parallel with the British statesmen of that day; for it is only in 8119hostility to freedom that any parallel can be recognized. 8120 8121 8122[Butler’s opinion of South Carolina] 8123 8124 Were the whole history of south Carolina blotted out of existence, from its very beginning 8125down to the day of the last election of the senator to his present seat on this floor, civilization 8126might lose--I do not say how little; but surely less than it has already gained by the example of 8127Kansas, in its valiant struggle against oppression, and in the development of a new science of 8128emigration. 8129

412 212 413

8130 8131 8132

414 213 415

8133 8134Lesson 24: "The Worsening Crisis and Secession" 8135 8136Assignment: 8137 8138Visions: 360-373 8139Document 40: Excerpts from Dred Scott v. Sandford 8140Document 41: Abraham Lincoln’s analysis of the Dred Scott decision 8141Document 42: William H. Seward's October 25th, 1858 "Irrepressible Conflict" Speech 8142Document 43: Jefferson Davis Defines the Confederate Cause 8143Document 44: Abraham Lincoln, Letter to Horace Greeley, August 22, 1862 8144 8145Pronunciation reminder: Roger Taney’s last name rhymes with “aw knee.” 8146 8147Learning Objectives: 8148 81491. Explain the issues involved in the Dred Scott decision, Chief Justice Taney’s ruling 8150and his rationale for it, what the ruling implied about American society and culture, and 8151what it implied about the original intent of Founding Fathers at the Constitutional 8152Convention in 1787. 8153 8154______8155 8156______8157 8158______8159 8160______8161 8162______8163 8164______8165 8166______8167 81682. Explain how the Dred Scott decision, the Panic of 1857, the Lincoln-Douglas debates, 8169Harpers Ferry, the disruption of the Democratic party, and the election of 1860 affected 8170the social, political, economic, and sectional tensions between the North and South from 81711857 to 1860. 8172 8173______8174 8175______8176 8177______8178

416 214 417

8179______8180 8181______8182 8183______8184 8185______8186 81873. Evaluate Abraham Lincoln’s analysis of the Dred Scott decision in 1857. Why did the 8188South believe Lincoln’s views were so dangerous? 8189 8190______8191 8192______8193 8194______8195 8196______8197 8198______8199 8200______8201 8202______8203 82044. Describe the efforts to avert war after the 1860 election, and explain why they failed. 8205Was secession “inevitable?” To what extent to you agree with William H. Seward's 8206"Irrepressible Conflict" Speech? (See document.) If secession was inevitable, at what 8207point did it become so? 8208 8209______8210 8211______8212 8213______8214 8215______8216 8217______8218 8219______8220 8221______8222 8223______8224

418 215 419

82255. How did Jefferson Davis, President of the Confederate States of America, define the 8226Confederate cause? 8227 8228______8229 8230______8231 8232______8233 8234______8235 8236______8237 8238______8239 82406. In 1862, what was Abraham Lincoln’s official view with regard to preserving the 8241Union and ending slavery? 8242 8243______8244 8245______8246 8247______8248 8249 8250 8251______8252 8253 8254______

420 216 421

8255 8256Document 40: Excerpts from the 1857 Supreme Court decision Dred Scott v. 8257Sandford. 8258 8259MR. CHIEF JUSTICE TANEY delivered the opinion of the Court. . . . 8260 The question is simply this: Can a Negro, whose ancestors were imported into 8261this country and sold as slaves, become a member of the political community formed and 8262brought into existence by the Constitution of the United States, and as such become 8263entitled to all the rights and privileges and immunities, guaranteed by that instrument to 8264the citizen? One of which rights is the privilege of suing in a court of the United States in 8265the cases specified in the Constitution. . . . 8266 It is true, every person, and every class and description of persons who were at the 8267time of the adoption of the Constitution recognized as citizens in the several states, 8268became also citizens of this new political body; but none other; it was formed by them 8269and for them and their posterity, but for no one else. And the personal rights and 8270privileges guaranteed to citizens of this new sovereignty were intended to embrace those 8271only who were then members of the several state communities or who should afterward 8272by birthright or otherwise become members, according to the provisions of the 8273Constitution and the principles on which it was founded. It was the union of those who 8274were at that time members of distinct and separate political communities into one 8275political family, whose power, for certain specified purposes, was to extend over the 8276whole territory of the United States. And it gave to each citizen rights and privileges 8277outside of his state which he did not before possess, and placed him in every other state 8278upon a perfect equality with its own citizens as to rights of person and rights of property 8279-- it made him a citizen of the United States. . . . 8280 In the opinion of the Court, the legislation and histories of the times, and the 8281language used in the Declaration of Independence, show that neither the class of persons 8282who had been imported as slaves nor their descendants, whether they had become free or 8283not, were then acknowledged as a part of the people nor intended to be included in the 8284general words used in that memorable instrument. 8285 It is difficult at this day to realize the state of public opinion in relation to that 8286unfortunate race which prevailed in the civilized and enlightened portions of the world at 8287the time of the Declaration of Independence and when the Constitution of the United 8288States was framed and adopted. But the public history of every European nation displays 8289it in a manner too plain to be mistaken. 8290 They had for more than a century before been regarded as beings of an inferior 8291order and altogether unfit to associate with the white race, either in social or political 8292relations; and so far inferior that they had no rights which the white man was bound to 8293respect; and that the Negro might justly and lawfully be reduced to slavery for his benefit. 8294He was bought and sold and treated as an ordinary article of merchandise and traffic 8295whenever a profit could be made by it. This opinion was at that time fixed and universal 8296in the civilized portion of the white race. It was regarded as an axiom in morals as well 8297as in politics, which no one thought of disputing, or supposed to be open to dispute; and 8298men in every grade and position in society daily and habitually acted upon it in their 8299private pursuits, as well as in matters of public concern, without doubting for a moment 8300the correctness of this opinion. . . .

422 217 423

8301 The language of the Declaration of Independence is equally conclusive. It begins 8302by declaring that 8303 8304 When, in the course of human events, it becomes necessary 8305 for one people to dissolve the political bands which have connected them 8306 with another, and to assume among the powers of the earth the separate 8307 and equal station to which the laws of nature and nature's God entitle 8308 them, a decent respect for the opinions of mankind requires that they 8309 should declare the causes which impel them to the separation. 8310 8311 It then proceeds to say: 8312 8313 We hold these truths to be self-evident: that all men are 8314 created equal; that they are endowed by their Creator with certain 8315 unalienable rights; that among them is life, liberty, and the pursuit 8316 of happiness; that to secure these rights, governments are instituted, 8317 deriving their just powers from the consent of the governed. 8318 8319 The general words above quoted would seem to embrace the whole human 8320family, and if they were used in a similar instrument at this day would be so understood. 8321But it is too clear for dispute that the enslaved African race were not intended to be 8322included and formed no part of the people who framed and adopted this Declaration; for 8323if the language, as understood in that day, would embrace them, the conduct of the 8324distinguished men who framed the Declaration of Independence would have been utterly 8325and flagrantly inconsistent with the principles they asserted; and instead of the sympathy 8326of mankind, to which they so confidently appealed, they would have deserved and 8327received universal rebuke and reprobation. . . . 8328 But there are two clauses in the Constitution which point directly and specifically 8329to the Negro race as a separate class of persons and show clearly that they were not 8330regarded as a portion of the people or citizens of the government then formed. 8331 One of these clauses reserves to each of the thirteen states the right to import 8332slaves until the year 1808, if it thinks proper. And the importation which it thus sanctions 8333was unquestionably of persons of the race of which we are speaking, as the traffic in 8334slaves in the United States and always been confined to them. And by the other provision 8335the states pledge themselves to each other to maintain the right of property of the master 8336by delivering up to him any slave who may have escaped from his service and be found 8337within their respective territories. 8338 By the first above mentioned clause, therefore, the right to purchase and hold this 8339property is directly sanctioned and authorized for twenty years by the people who framed 8340the Constitution. And by the second, they pledge themselves to maintain and uphold the 8341right of the master in the manner specified, as long as the Government they then formed 8342should endure. And these two provisions show, conclusively, that neither the description 8343of persons therein referred to nor their descendants were embraced in any of the other 8344provisions of the Constitution; for certainly these two clauses were not intended to confer 8345on them or their posterity the blessings of liberty or any of the personal rights so carefully 8346provided for the citizen. . . .

424 218 425

8347 We proceed . . . to inquire whether the facts relied on by the plaintiff entitled him 8348to his freedom. . . . 8349 In considering this part of the controversy, two questions arise: (1) Was he, 8350together with his family, free in Missouri by reason of the stay in the territory of the 8351United States hereinbefore mentioned? and (2) If they were not, is Scott himself free by 8352reason of his removal to Rock Island, in the state of Illinois, as stated in the above 8353admissions? 8354 We proceed to examine the first question. 8355 The act of Congress upon which the plaintiff relies declares that slavery and 8356involuntary servitude, except as a punishment for crime, shall be forever prohibited in all 8357that part of the territory ceded by France, under the name of Louisiana, which lies north 8358of 36o30' north latitude and not included within the limits of Missouri. And the difficulty 8359which meets us at the threshold of this part of the inquiry is whether Congress was 8360authorized to pass this law under any of the powers granted to it by the Constitution; for, 8361if the authority is not given by that instrument, it is the duty of this Court to declare it 8362void and inoperative and incapable of conferring freedom upon anyone who is held as a 8363slave under the laws of any one of the states. . . . 8364 But the power of Congress over the person or property of a citizen can never be a 8365mere discretionary power under our Constitution and form of government. The powers 8366of the government and the rights and privileges of the citizen are regulated and plainly 8367defined by the Constitution itself. And, when the territory becomes a part of the United 8368States, the federal government enters into possession in the character impressed upon it 8369by those who created it. It enters upon it with its powers over the citizen strictly defined 8370and limited by the Constitution, from which it derives its own existence and by virtue of 8371which alone it continues to exist and act as a government and sovereignty. It has no 8372power of any kind beyond it; and it cannot, when it enters a territory of the United States, 8373put off its character and assume discretionary or despotic powers which the Constitution 8374has denied to it. It cannot create for itself a new character separated from the citizens of 8375the United States and the duties it owes them under the provisions of the Constitution. 8376The territory being a part of the United States, the government and the citizen both enter 8377it under the authority of the Constitution, with their respective rights defined and marked 8378out; and the federal government can exercise no power over his person or property 8379beyond what that instrument confers, nor lawfully deny any right which it has 8380reserved. . . 8381 These powers, and others, in relation to rights of person, which it is not necessary 8382here to enumerate, are, in express and positive terms, denied to the general government; 8383and the rights of private property have been guarded with equal care. Thus the rights of 8384property are united with the rights of person and placed on the same ground by the Fifth 8385Amendment to the Constitution, which provides that no person shall be deprived of life, 8386liberty, and property without due process of law. And an act of Congress which deprives 8387a citizen of the United States of his liberty or property, merely because he came himself 8388or brought his property into a particular territory of the United States, and who had 8389committed no offense against the laws, could hardly be dignified with the name of due 8390process of law. . . . 8391 But, in considering the question before us, it must be borne in mind that there is 8392no law of nations standing between the people of the United States and their government

426 219 427

8393and interfering with their relations to each other. The powers of the government and the 8394rights of the citizen under it are positive and practical regulations plainly written down. 8395The people of the United States have delegated to it certain enumerated powers and 8396forbidden it to exercise others. It has no power over the person or property of a citizen 8397but what the citizens of the United States have granted. And no laws or usages of other 8398nations, or reasoning of statesmen or jurists upon the relations of master and slave, can 8399enlarge the powers of the government or take from the citizens the rights they have 8400reserved. And if the Constitution recognizes the right of property of the master in a slave, 8401and makes no distinction between that description of property and other property owned 8402by a citizen, no tribunal, acting under the authority of the United States, whether it be 8403legislative, executive, or judicial, has a right to draw such a distinction or deny to it the 8404benefit of the provisions and guarantees which have been provided for the protection of 8405private property against the encroachments of the government. 8406 Now, as we have already said in an earlier part of this opinion, upon a different 8407point, the right of property in a slave is distinctly and expressly affirmed in the 8408Constitution. The right to traffic in it, like an ordinary article of merchandise and 8409property, was guaranteed to the citizens of the United States, in every state that might 8410desire it, for twenty years. And the government in express terms is pledged to protect it 8411in all future time if the slave escapes from his owner. This is done in plain words -- too 8412plain to be misunderstood. And no word can be found in the Constitution which gives 8413Congress a greater power over slave property or which entitles property of that kind to 8414less protection than property of any other description. The only power conferred is the 8415power coupled with the duty of guarding and protecting the owner in his rights. 8416 Upon these considerations it is the opinion of the Court that the act of Congress 8417which prohibited a citizen from holding and owning property of this kind in the territory 8418of the United States north of the line therein mentioned is not warranted by the 8419Constitution and is therefore void; and that neither Dred Scott himself, nor any of his 8420family, were made free by being carried into this territory; even if they had been carried 8421there by the owner with the intention of becoming a permanent resident. 8422 8423Document 41: Abraham Lincoln’s opinion of the Dred Scott decision, delivered in a 8424speech at Springfield, Illinois on June 26, 1857. 8425 8426 . . . Why, this same Supreme Court once decided a national bank to be 8427constitutional, but General Jackson, as President of the United States, disregarded the 8428decision and vetoed a bill for a recharter, partly on constitutional ground, declaring that 8429each public functionary must support the Constitution “as he understands it.” . . . 8430 Chief Justice Taney, in his opinion in the Dred Scott case, admits that the 8431language of the Declaration [of Independence] is broad enough to include the whole 8432human family, but he and Judge Douglas argue that the authors of that instrument did not 8433intend to include Negroes by the fact that they did not at once actually place them on an 8434equality with the whites. Now this grave argument comes to just nothing at all, by the 8435other fact that they did not at once, or ever afterward, actually place all white people on 8436an equality with one another. And this is the staple argument of both the chief justice and 8437the senator for doing this obvious violence to the plain, unmistakable language of the 8438Declaration.

428 220 429

8439 I think the authors of that notable instrument intended to include all men, but they 8440did not intend to declare all men equal in all respects. They did not mean to say all were 8441equal in color, size, intellect, moral developments, or social capacity. They defined with 8442tolerable distinctness in what respects they did consider all men created equal—equal 8443with “certain inalienable rights, among which are life, liberty, and the pursuit of 8444happiness.” This they said, and this they meant. They did not mean to assert the obvious 8445untruth that all were then actually enjoying that equality, nor yet that they were about to 8446confer it immediately upon them. In fact, they had no power to confer such a boon. 8447They meant simply to declare the right, so that enforcement of it might follow as fast as 8448circumstances should permit. 8449 They meant to set up a standard maxim for free society which should be familiar 8450to all and revered by all; constantly looked to, constantly labored for, and even though 8451never perfectly attained, constantly approximated, and thereby constantly spreading and 8452deepening its influence and augmenting the happiness and value of life to all people of all 8453colors everywhere. The assertion that “all men are created equal” was of no practical use 8454in effecting our separation from Great Britain; and it was placed in the Declaration not 8455for that but for future use. Its authors meant it to be—as, thank God, it is now proving 8456itself—a stumbling block to all those who in aftertimes might seek to turn a free people 8457back into the hateful paths of despotism. They knew the proneness of prosperity to breed 8458tyrants, and they meant, when such should reappear in this fair land and commence their 8459vocation, they should find left for them at least one hard nut to crack. . . . 8460 How differently the respective courses of the Democratic and Republican parties 8461incidentally bear on the question of forming a will—a public sentiment—for colonization 8462is easy to see. The Republicans inculcate, with whatever of ability they can, that the 8463Negro is a man, that his bondage is cruelly wrong, and that the field of his oppression 8464ought not to be enlarged. The Democrats deny his manhood; deny, or dwarf to 8465insignificance, the wrong of his bondage; so far as possible, crush all sympathy for him, 8466and cultivate and excite hatred and disgust against him; compliment themselves as 8467Union-savers for doing so; and call the indefinite outspreading of his bondage a “sacred 8468right of self-government.” 8469 The plainest print cannot be read through a gold eagle; and it will be ever hard to 8470find many men who will send a slave to Liberia, and pay his passage, while they can send 8471him to a new country—Kansas, for instance—and sell him for $1,500 and the rise. 8472 8473

430 221 431

8474Document 42: William H. Seward's October 25th, 1858 "Irrepressible Conflict" 8475Speech 8476 8477THE unmistakable outbreaks of zeal which occur all around me show that you are earnest 8478men—and such a man am I. Let us, therefore, at least for a time, pass all secondary and 8479collateral questions, whether of a personal or of a general nature, and consider the main 8480subject of the present canvass. 8481 8482Our country is a theater which exhibits in full operation two radically different political 8483systems—the one resting on the basis of servile or slave labor, the other on the basis of 8484voluntary labor of freemen. 8485 8486The laborers who are enslaved are all negroes, or persons more or less purely of African 8487derivation. But this is only accidental. The principle of the system is that labor in every 8488society, by whomsoever performed, is necessarily unintellectual, groveling, and base; and 8489that the laborer, equally for his own good and for the welfare of the State, ought to be 8490enslaved. The white laboring man, whether native or foreigner, is not enslaved only 8491because he can not as yet be reduced to bondage. 8492 8493You need not be told now that the slave system is the older of the two and that once it 8494was universal. The emancipation of our own ancestors, Caucasians and Europeans as they 8495were, hardly dates beyond a period of five hundred years. The great melioration of human 8496society which modern times exhibit is mainly due to the incomplete substitution of the 8497system of voluntary labor for the old one of servile labor which has already taken place. 8498This African slave system is one which, in its origin and its growth, has been altogether 8499foreign from the habits of the races which colonized these States and established 8500civilization here. It was introduced on this new continent as an engine of conquest and for 8501the establishment of monarchical power by the Portuguese and the Spaniards, and was 8502rapidly extended by them all over South America, Central America, Louisiana, and 8503Mexico. Its legitimate fruits are seen in the poverty imbecility, and anarchy which now 8504pervade all Portuguese and Spanish America. 8505 8506The free-labor system is of German extraction, and it was established in our country by 8507emigrants from Sweden, Holland, Germany, Great Britain, and Ireland. We justly ascribe 8508to its influences the strength, wealth, greatness, intelligence, and freedom which the 8509whole American people now enjoy. One of the chief elements of the value of human life 8510is freedom in the pursuit of happiness. The slave system is not only intolerable, unjust, 8511and inhuman toward the laborer, whom, only because he is a laborer, it loads down with 8512chains and converts into merchandise; but is scarcely less severe upon the freeman, to 8513whom, only because he is a laborer from necessity, it denies facilities for employment 8514and whom it expels from the community because it can not enslave and convert him into 8515merchandise also. It is necessarily improvident and ruinous because, as a general truth, 8516communities prosper and flourish, or droop and decline in just the degree that they 8517practise or neglect to practise the primary duties of justice and humanity. The free-labor 8518system conforms to the divine law of equality which is written in the hearts and 8519consciences of men, and therefore is always and everywhere beneficent.

432 222 433

8520 8521The slave system is one of constant danger, distrust, suspicion and watchfulness. It 8522debases those whose toil alone can produce wealth and resources for defense to the 8523lowest degree of which human nature is capable—to guard against mutiny and 8524insurrection; and thus wastes energies which otherwise might be employed in national 8525development and aggrandizement. 8526 8527Russia yet maintains slavery and is a despotism. Most of the other European States have 8528abolished slavery and adopted the system of free labor. It was the antagonistic political 8529tendencies of the two systems which the first Napoleon was contemplating when he 8530predicted that Europe would ultimately be either all Cossack or all republican. Never did 8531human sagacity utter a more pregnant truth. The two systems are at once perceived to be 8532incongruous. But they are more than incongruous—they are incompatible. They never 8533have permanently existed together in one country and they never can. It would be easy to 8534demonstrate this impossibility from the irreconcilable contrast between their great 8535principles and characteristics. But the experience of mankind has conclusively 8536established it. 8537Slavery, as I have already intimated, existed in every State in Europe. Free labor has 8538supplanted it everywhere except in Russia and Turkey. State necessities developed in 8539modern times are now obliging even those two nations to encourage and employ free 8540labor; and already, despotic as they are, we find them engaged in abolishing slavery. In 8541the United States slavery came into collision with free labor at the close of the last 8542century, and fell before it in New England, New York, New Jersey, and Pennsylvania, 8543but triumphed over it effectually and excluded it for a period yet undetermined, from 8544Virginia, the Carolinas, and Georgia. Indeed, so incompatible are the two systems that 8545every new State which is organized within our ever-extending domain makes its first 8546political act a choice of the one and the exclusion of the other, even at the cost of civil 8547war if necessary. The slave States, without law, at the last national election successfully 8548forbade, within their own limits, even the casting of votes for a candidate for president of 8549the United States supposed to be favorable to the establishment of the free-labor system 8550in new States. 8551Hitherto the two systems have existed in different States, but side by side within the 8552American Union. This has happened because the Union is a confederation of States. But 8553in another aspect the United States constitute only one nation. Increase of population, 8554which is filling the State out to their very borders, together with a new and extended 8555network of railroads and other avenues, and an internal commerce which daily becomes 8556more intimate, is rapidly bringing the States into a higher and more perfect social unity or 8557consolidation. Thus these antagonistic systems are continually coming into closer contact 8558and collision results. 8559 8560Shall I tell you what this collision means? They who think that it is accidental, 8561unnecessary, the work of interested or fanatical agitators, and therefore ephemeral, 8562mistake the case altogether. It is an irrepressible conflict between opposing and enduring 8563forces, and it means that the United States must and will, sooner or later, become either 8564entirely a free-labor nation. Either the cotton and rice-fields of South Carolina and the 8565sugar plantations of Louisiana will ultimately be tilled by free labor, and Charleston and

434 223 435

8566New Orleans become marts for legitimate merchandise alone, or else the rye-fields and 8567wheat-fields of Massachusetts and New York must again be surrendered by their farmers 8568to slave culture and to the production of slaves, and Boston and New York become once 8569more markets for trade in the bodies and souls of men. 8570 8571It is the failure to apprehend this great truth that induces so many unsuccessful attempts 8572at final compromise between the slave and free States, and it is the existence of this great 8573fact that renders all such pretended compromises, when made, vain and ephemeral. 8574Startling as this saying may appear to you, fellow citizens, it is by no means an original 8575or even a modern one. Our forefathers knew it to be true, and unanimously acted upon it 8576when they framed the Constitution of the United States. They regarded the existence of 8577the servile system in so many of the States with sorrow and shame, which they openly 8578confessed, and they looked upon the collision between them, which was then just 8579revealing itself, and which we are now accustomed to deplore, with favor and hope. They 8580knew that either the one or the other system must exclusively prevail. 8581Unlike too many of those who in modern time invoke their authority, they had a choice 8582between the two. They preferred the system of free labor, and they determined to 8583organize the government and so to direct its activity that that system should surely and 8584certainly prevail. For this purpose, and no other, they based the whole structure of 8585government broadly on the principle that all men are created equal, and therefore free— 8586little dreaming that within the short period of one hundred years their descendants would 8587bear to be told by any orator, however popular, that the utterance of that principle was 8588merely a rhetorical rhapsody; or by any judge, however venerated, that it was attended by 8589mental reservations which rendered it hypocritical and false. By the Ordinance of 1787 8590they dedicated all of the national domain not yet polluted by slavery to free labor 8591immediately, thenceforth and for ever; while by the new Constitution and laws they 8592invited foreign free labor from all lands under the sun, and interdicted the importation of 8593African slave labor, at all times, in all places, and under all circumstances whatsoever. It 8594is true that they necessarily and wisely modified this policy of freedom by leaving it to 8595the several States, affected as they were by differing circumstances, to abolish slavery in 8596their own way and at their own pleasure, instead of confiding that duty to Congress; and 8597that they secured to the slave States, while yet retaining the system of slavery, a three- 8598fifths representation of slaves in the federal government, until they should find 8599themselves able to relinquish it with safety. But the very nature of these modifications 8600fortifies my position—that the fathers knew that the two systems could not endure within 8601the Union, and expected that within a short period slavery would disappear for ever. 8602Moreover, in order that these modifications might not altogether defeat their grand design 8603of a republic maintaining universal equality, they provided that two-thirds of the States 8604might amend the Constitution. 8605 8606The very Constitution of the Democratic party commits it to execute all the designs of the 8607slave-holders, whatever they may be. It is not a party of the whole Union—of all the free 8608States and of all the slave States; nor yet is it a party of the free States in the North and in 8609the Northwest; but it is a sectional and local party, having practically its seat within the 8610slave States and counting its constituency chiefly and almost exclusively there. Of all its 8611representatives in Congress and in the electoral colleges, two-thirds uniformly come from

436 224 437

8612these States. Its great element of strength lies in the vote of the slave-holders, augmented 8613by the representation of three-fifths of the slaves. Deprive the Democratic party of this 8614strength and it would be a helpless and hopeless minority, incapable of continued 8615organization. The Democratic party, being thus local and sectional, acquires new strength 8616from the admission of every new slave State and loses relatively by the admission of 8617every new free State into the Union. 8618 8619Document 43: Jefferson Davis Defines the Confederate Cause, 29 April, 1861 8620 8621In the inaugural address delivered by President Lincoln in March last, he asserts, as an 8622axiom, which he plainly deems to be undeniable, that the theory of the Constitution 8623requires that in all cases the majority shall govern. . . This is the lamentable and 8624fundamental error on which rests the policy that has culminated in his declaration of war 8625against these Confederate States. In addition to the long-continued resentment felt by the 8626Southern States at the persistent abuse of the powers they had delegated to the Congress, 8627for the purpose of enriching the manufacturing and shipping classes of the North, at the 8628expense of the South, there has existed for nearly half a century another subject of 8629discord, involving interests of such transcendent magnitude as at all times to create the 8630apprehension in the minds of many devoted lovers of the Union that its permanence was 8631impossible. When the several States delegated certain powers to the United States 8632Congress, a large portion of the laboring population consisted of African slaves imported 8633into the colonies by the mother country. In twelve out of the thirteen states, negro slavery 8634existed and the right of property in slaves was protected by law. This property was 8635recognized by the Constitution, and provision was made against its loss by the escape of 8636the slave. . . . 8637 The climate and soil of the Northern States soon proved unpropitious to the 8638continuance of slave labor, whilst the converse was the case at the South. Under the 8639unrestricted free intercourse between the two sections, the Northern States consulted their 8640own interests by selling their slaves to the South and prohibiting slavery within their 8641limits. The South were willing purchasers of property suitable to their wants, and paid 8642the price of the acquisition without harboring a suspicion that their quiet possession was 8643to be disturbed by those who were inhibited not only by want of constitutional authority 8644but by good faith as vendors, from disquieting a title emanating from themselves. As 8645soon, however, as the Northern States that prohibited African slavery within their limits 8646had reached a number sufficient to give their representation a controlling voice in 8647Congress, a persistent and organized system of hostile measures against the rights of the 8648owners of slaves in the Southern States was inaugurated and gradually extended. A 8649continuous series of measures was devised and prosecuted for the purpose of rendering 8650insecure the tenure of property in slaves. 8651 8652

438 225 439

8653Document 44: Abraham Lincoln, Letter to Horace Greeley, August 22, 1862 8654 8655I would save the Union. I would save it the shortest way under the Constitution. The 8656sooner the national authority can be restored, the nearer the Union will be "the Union as it 8657was." If there be those who would not save the Union, unless they could at the same time 8658save slavery, I do not agree with them. If there be those who would not save the Union 8659unless they could at the same time destroy slavery, I do not agree with them. My 8660paramount object in this struggle is to save the Union, and it is not either to save or 8661destroy slavery. If I could save the Union without freeing any slave I would do it; and if I 8662could save it by freeing all slaves, I would do it; and if I could do it by freeing some and 8663leaving others alone, I would also do 8664that. . . . 8665 I have here stated my purpose according to my view of my official duty; and I 8666intend no modification of my oft-expressed personal wish that all men every where could 8667be free. 8668

440 226 441

8669Lesson 25: "The Civil War: the First Two Years" 8670 8671Assignment: 8672 8673Visions: 374-384 8674 8675Learning Objectives: 8676 86771. Describe the personalities, assets and liabilities of the Confederate and Union 8678presidents. 8679 8680______8681 8682______8683 8684______8685 8686______8687 8688______8689 8690______8691 86922. What advantages and disadvantages did the United States and the Confederacy 8693possess? 8694 8695______8696 8697______8698 8699______8700 8701______8702 8703______8704 8705______8706 87073. Explain the southern and northern strategies and their success and/or failure during 87081861 and 1862. 8709 ______8710 8711______8712 8713______8714

442 227 443

8715______8716 8717______8718 8719______8720 8721______8722 87234. Describe and evaluate the course of the war in 1861 and 1862. 8724 8725______8726 8727______8728 8729______8730 8731______8732 8733______8734 8735______8736 8737______

444 228 445

8738Lesson 26: "The Civil War and Society" 8739 8740Assignment: 8741 8742Visions: 384-403 8743Document 45: The Emancipation Proclamation 8744Document 46: Excerpts from Abraham Lincoln's Second Inaugural Address 8745Document 47: William T. Sherman, September 12, 1864 letter to the Mayor of Atlanta 8746 8747Learning Objectives: 8748 87491. Explain how and why Lincoln decided to issue the Emancipation Proclamation. On 8750what grounds did he issue it? 8751 8752______8753 8754______8755 8756______8757 8758______8759 8760______8761 8762______8763 87642. Describe the course of the war, both on the battlefield and on the home fronts, from 87651863 to 1865. 8766______8767 8768______8769 8770______8771 8772______8773 8774______8775 8776______8777 8778______8779 87803. Explain the rationale behind, and the effects on the South of, Sherman’s “March to the 8781Sea.” What does Sherman’s march imply about the nature of the Civil War? How is this 8782expressed in his letter to the Mayor of Atlanta? 8783

446 229 447

8784______8785 8786______8787 8788______8789 8790______8791 8792______8793 8794______8795 87964. Explain how the Civil War transformed America socially, politically, and 8797economically. 8798 8799______8800 8801______8802 8803______8804 8805______8806 8807______8808 8809______8810 88115. Based on his Second Inaugural Address, how do you feel President Lincoln would 8812have treated the South after the Civil War? 8813 8814______8815 8816______8817 8818______8819 8820______8821 8822______8823 8824______

448 230 449

8825 8826Document 45: The Emancipation Proclamation, by President Abraham Lincoln, 8827 1862 8828 8829Whereas, on the twenty-second day of September, in the year of our Lord one thousand 8830eight hundred and sixty-two, a proclamation was issued by the President of the United 8831States, containing, among other things, the following, to wit: 8832 8833"That on the first day of January, in the year of our Lord one thousand eight hundred and 8834sixty-three, all persons held as slaves within any State or designated part of a State, the 8835people whereof shall then be in rebellion against the United States, shall be then, 8836thenceforward, and forever free; and the Executive Government of the United States, 8837including the military and naval authority thereof, will recognize and maintain the 8838freedom of such persons, and will do no act or acts to repress such persons, or any of 8839them, in any efforts they may make for their actual freedom. 8840 8841"That the Executive will, on the first day of January aforesaid, by proclamation, designate 8842the States and parts of States, if any, in which the people thereof, respectively, shall then 8843be in rebellion against the United States; and the fact that any State, or the people thereof, 8844shall on that day be, in good faith, represented in the Congress of the United States by 8845members chosen thereto at elections wherein a majority of the qualified voters of such 8846State shall have participated, shall, in the absence of strong countervailing testimony, be 8847deemed conclusive evidence that such State, and the people thereof, are not then in 8848rebellion against the United States." 8849 8850Now, therefore I, Abraham Lincoln, President of the United States, by virtue of the power 8851in me vested as Commander-in-Chief, of the Army and Navy of the United States in time 8852of actual armed rebellion against the authority and government of the United States, and 8853as a fit and necessary war measure for suppressing said rebellion, do, on this first day of 8854January, in the year of our Lord one thousand eight hundred and sixty-three, and in 8855accordance with my purpose so to do publicly proclaimed for the full period of one 8856hundred days, from the day first above mentioned, order and designate as the States and 8857parts of States wherein the people thereof respectively, are this day in rebellion against 8858the United States, the following, to wit: Arkansas, Texas, Louisiana, (except the Parishes 8859of St. Bernard, Plaquemines, Jefferson, St. John, St. Charles, St. James Ascension, 8860Assumption, Terrebonne, Lafourche, St. Mary, St. Martin, and Orleans, including the 8861City of New Orleans) Mississippi, Alabama, Florida, Georgia, South Carolina, North 8862Carolina, and Virginia, (except the forty-eight counties designated as West Virginia, and 8863also the counties of Berkley, Accomac, Northampton, Elizabeth City, York, Princess 8864Ann, and Norfolk, including the cities of Norfolk and Portsmouth), and which excepted 8865parts, are for the present, left precisely as if this proclamation were not issued. 8866 8867And by virtue of the power, and for the purpose aforesaid, I do order and declare that all 8868persons held as slaves within said designated States, and parts of States, are, and 8869henceforward shall be free; and that the Executive government of the United States,

450 231 451

8870including the military and naval authorities thereof, will recognize and maintain the 8871freedom of said persons. 8872 8873And I hereby enjoin upon the people so declared to be free to abstain from all violence, 8874unless in necessary self-defence; and I recommend to them that, in all cases when 8875allowed, they labor faithfully for reasonable wages. 8876 8877And I further declare and make known, that such persons of suitable condition, will be 8878received into the armed service of the United States to garrison forts, positions, stations, 8879and other places, and to man vessels of all sorts in said service. 8880 8881And upon this act, sincerely believed to be an act of justice, warranted by the 8882Constitution, upon military necessity, I invoke the considerate judgment of mankind, and 8883the gracious favor of Almighty God. 8884 8885In witness whereof, I have hereunto set my hand and caused the seal of the United States 8886to be affixed. 8887 8888By the President: ABRAHAM LINCOLN 8889WILLIAM H. SEWARD, Secretary of State.

452 232 453

8890 8891Document 46: Excerpts from Abraham Lincoln, The Second Inaugural Address 8892 8893 One-eighth of the population was colored slaves, not distributed generally over 8894the Union, but localized in the southern part of it. These slaves constituted a peculiar and 8895powerful interest. All knew that this interest was somehow the cause of the war. To 8896strengthen, perpetuate and extend this interest was the object for which the insurgents 8897would rend the Union even by war, while the Government claimed no right to do more 8898than to restrict the territorial enlargement of it. Neither party expected for the war the 8899magnitude or duration which it has already attained. Neither anticipated that the cause of 8900the conflict might cease with or even before the conflict should cease. Each looked for 8901an easier triumph, and a result less fundamental and astounding. Both read the same 8902Bible and pray to the same God, and each invokes His aid against the other. The prayers 8903of both could not be answered. That of neither has been answered fully. The almighty 8904has His own purposes. If we shall suppose that American slavery is one of those offenses 8905which, in the providence of God, must needs come, but which, having continued through 8906His appointed time, He now wills to remove, and that He gives to both North and South 8907this terrible war as the woe due to those by whom the offense came, shall we discern 8908therein any departure from those divine attributes which the believers in a living God 8909always ascribe to Him? Fondly do we hope, fervently do we pray, that this mighty 8910scourge of war may speedily pass away. Yet, if God wills that it continue until all the 8911wealth piled by the bondsman's two hundred and fifty years of unrequited toil shall be 8912sunk, and until every drop of blood drawn with the lash shall be paid by another drawn 8913with the sword, as was said three thousand years ago, so still it must be said, "The 8914judgments of the Lord are true and righteous altogether." With malice toward none, with 8915charity for all, with firmness in the right as God gives us to see the right, let us strive on 8916to finish the work we are in, to bind up the nation's wounds, to care for him who shall 8917have borne the battle and for his widow and his orphan, to do all which may achieve and 8918cherish a just and lasting peace among ourselves and with all nations. 8919 8920Document 47: William T. Sherman, September 12, 1864 letter to the Mayor of 8921Atlanta 8922 8923 Gentlemen: I have your letter of the 11th, in the nature of a petition to revoke my 8924orders removing all the inhabitants from Atlanta. I have read it carefully, and give full 8925credit to your statements of the distress that will be occasioned, and yet shall not revoke 8926my orders, because they were not designed to meet the humanities of the case, but to 8927prepare for the future struggles in which millions of good people outside of Atlanta have 8928a deep interest. We must have peace, not only at Atlanta, but in all America. To secure 8929this, we must stop the war that now desolates our once happy and favored country. To 8930stop war, we must defeat the rebel armies which are arrayed against the laws and 8931Constitution that all must respect and obey. To defeat those armies, we must prepare the 8932way to reach them in their recesses, provided with the arms and instruments which enable 8933us to accomplish our purpose. Now, I know the vindictive nature of our enemy, that we 8934may have many years of military operations from this quarter; and, therefore, deem it 8935wise and prudent to prepare in time. The use of Atlanta for warlike purposes is

454 233 455

8936inconsistent with its character as a home for families. There will be no manufactures, 8937commerce, or agriculture here, for the maintenance of families, and sooner or later want 8938will compel the inhabitants to go. Why not go now, when the arrangements are 8939completed for the transfer, instead of waiting till the plunging shot of contending armies 8940will renew the scenes of the past month? Of course, I do not apprehend any such thing at 8941this moment, but you do not suppose this army will be here until the war is over. I cannot 8942discuss this subject with you fairly, because I cannot impart to you what we propose to 8943do, but I assert that our military plans make it necessary for the inhabitants to go away, 8944and I can only renew my offer of services to make their exodus in any direction as easy 8945and comfortable as possible. 8946 8947 You cannot qualify war in harsher terms than I will. War is cruelty, and you 8948cannot refine it; and those who brought war into our country deserve all the curses and 8949maledictions a people can pour out. I know I had no hand in making this war, and I know 8950I will make more sacrifices to-day than any of you to secure peace. But you cannot have 8951peace and a division of our country. If the United States submits to a division now, it will 8952not stop, but will go on until we reap the fate of Mexico, which is eternal war. The 8953United States does and must assert its authority, wherever it once had power; for, if it 8954relaxes one bit to pressure, it is gone, and I believe that such is the national feeling. This 8955feeling assume various shapes, but always comes back to that of Union. Once admit the 8956Union, once more acknowledge the authority of the national Government, and, instead of 8957devoting your houses and streets and roads to the dread uses of war, I and this army 8958become at once your protectors and supporters, shielding you from danger, let it come 8959from what quarter it may. I know that a few individuals cannot resist a torrent of error 8960and passions, such as swept the South into rebellion, but you can point out, so that we 8961may know those who desire a government, and those who insist on war and its 8962desolation. 8963 8964 You might as well appeal against the thunder-storm as against these terrible 8965hardships of war. They are inevitable, and the only way the people of Atlanta can hope 8966once more to live in peace and quiet at home, is to stop the war, which can only be done 8967by admitting that it began in error and is perpetuated in pride. 8968 8969 We don't want your negroes, or your horses, or your houses, or your lands, or any 8970thing you have, but we do want and will have a just obedience to the laws of the United 8971States. That we will have, and if it involves the destruction of your improvements, we 8972cannot help it. 8973 8974 You have heretofore read public sentiment in your newspapers, that live by 8975falsehood and excitement; and the quicker you seek the truth in other quarters, the better. 8976I repeat then that, by the original compact of Government, the United States had certain 8977rights in Georgia, which have never been relinquished and never will be; that the South 8978began war by seizing forts, arsenals, mints, custom-houses, etc., etc., long before Mr. 8979Lincoln was installed, and before the South had one jot or title of provocation. I 8980myself have seen in Mississippi, hundreds and thousands of women and children fleeing 8981from your armies and desperadoes, hungry and with bleeding feet. In Memphis,

456 234 457

8982Vicksburg, and Mississippi, we fed thousands upon thousands of the families of rebel 8983soldiers left on our hands, and whom we could not see starve. Now that war comes home 8984to you, you feel very different. You deprecate its horrors, but did not feel them when you 8985sent car-loads of soldiers and ammunition, and moulded shells and shot, to carry war into 8986Kentucky and Tennessee, to desolate the homes of hundreds and thousands of good 8987people who asked only to live in peace at their old homes, and under the Government of 8988their inheritance. But these comparisons are idle. I want peace, and believe it can only 8989be reached through union and war, and I will ever conduct war with a view to perfect and 8990early success. 8991 8992 But, my dear sirs, when peace does come, you may call on me for any thing. 8993Then will I share with you the last cracker, and watch with you to shield your homes and 8994families against danger from every quarter. 8995 8996 Now you must go, and take with you the old and feeble, feed and nurse them, and 8997build for them, in more quiet places, proper habitations to shield them against the weather 8998until the mad passions of men cool down, and allow the Union and Peace once more to 8999settle over your old homes at Atlanta. 9000 9001

458 235 459

9002Handout: Describe the course of the war, both on the battlefield and on the home 9003fronts, from 1863 to 1865. 9004 9005 SHILOH -- April 6,7 1862 -- Confederates initially surprise the Union forces. Grant 9006holds firm. Union forces are victorious the second day and hold the field. Grant becomes 9007convinced that it will take a total war to win. 9008 9009 ANTIETAM -- September 17, 1862. Lee had advanced north into Maryland in order to 9010demonstrate the viability of the Confederacy, in hopes of gaining diplomatic recognition. 9011McClellan vs. Lee. McClellan wins, but fails to commit all his troops, thus allowing Lee to 9012retreat. The Confederacy fails to gain diplomatic recognition. Bloodiest day in American 9013military history. SETS UP THE EMANCIPATION PROCLAMATION, which redefines the 9014nature of the war and the Union. 9015 9016 VICKSBURG -- Grant had spent months trying to get around the swamps surrounding 9017Vicksburg in order to capture it. It was the Confederacy’s last link across the Mississippi River. 9018Grant was unable to attack it from the North. Looking for a new avenue of advance, he cut 9019himself off from his own supplies, floated down the river, crossed to the east side, and attacked 9020from the south. He lay siege to the city. It surrendered on July 4, 1863. The Confederacy was 9021split in half. Grant had learned that an army could advance independent of its supply lines -- a 9022lesson that would later be useful for Sherman in his March to the Sea. 9023 9024 GETTYSBURG -- July 1 - 3, 1863. Desiring to destroy the will of the North to 9025continue fighting, Lee advanced northward again, fresh from his success at Chancellorsville. The 9026battle began initially as a meeting engagement, and ultimately drew the two armies in the east 9027together. Lee attacked (against the advice of Longstreet) and ultimately very nearly broke his 9028army by ordering Pickett's charge. Meade (Union commander) did not aggressively pursue Lee. 9029It marked the highwater mark of the Confederacy. Last major offensive for the Army of Northern 9030Va. Lee had sought the climactic battle that would lead to peace. 51,000 casualties over 3 days. 9031 9032 MISSIONARY RIDGE. Operations around Chattanooga, the gateway to Georgia, in 9033November, 1863. Bragg has encircled Rosecrans' forces in Chattanooga. Grant and Sherman 9034arrive to take charge of the situation. Grant devises a way to get supplies to the Federal army. 9035George Thomas' assault on the thinned out Confederate lines caused the Confederates to break 9036and run. Bragg cannot explain the route. Lincoln realizes now that Grant is the man to lead all 9037the Union forces. 9038 9039 SHERMAN'S MARCH TO THE SEA. Grant moves east to be with the Army of the 9040Potomac. After Missionary Ridge, Georgia is open to invasion. Sherman cuts loose from his line 9041of supplies, and cuts a fifty mile swath through Georgia and South Carolina. Applied principals 9042of total war to destroy the South's industrial/agricultural base. Demoralizes the South. 9043 9044 ATLANTA. This victory, on September 1, 1864, ensures Lincoln's reelection. 9045 9046 GRANT'S CLOSURE WITH LEE IN NORTHERN VIRGINIA. General Ulysses S. 9047Grant (ID/SIG), now General-in-Chief of the Union armies, closes with Lee and does not let 9048go. Fights consecutive battles at The Wilderness, Spotsylvania, New Market, Cold Harbor, and 9049Petersburg. In contrast to earlier commander of the Army of the Potomac, Grant refuses to view 9050battles which are not a clear victory as defeats. Whereas earlier commanders would retreat after 9051engagements with Lee, Grant kept going. After the Battle of the Wilderness, the entire Army 9052let out a cheer when it realized that Grant, instead of wheeling the army northward yet

460 236 461

9053again, was determined to press the war to its conclusion by keeping it driving 9054southeastward. By pinning Lee's army in Virginia, Grant freed Sherman to ravage 9055Georgia, and Siegel to ravage the Shenandoah Valley. Grant coordinated the actions of all 9056the Federal armies, fighting with a telegraph. Grant broke the Confederacy by 9057continuously applying the full strength of the Union armies against it—something no earlier 9058commander had done. Lincoln's selection of Grant as commander, because of (and 9059combined with) Grant's determination to fight the war to its conclusion, led to the Union 9060victory. 9061 9062HANDOUT: Explain how the Civil War transformed America socially, politically, and 9063economically. 9064 9065THE NORTH 9066 9067 SOCIAL: 9068 9069 200,000 blacks serve in the Union Army. Earn the right to claim citizenship (whether or not it is 9070actually granted them in full). Initially given half-pay; later given full pay. 9071 1862 Homestead Act give those who agree to clear and settle land with 160 acres. 9072 Many women enter the work force in cities. Mechanization makes labor shortages less noticeable. 9073 Women begin working as nurses and teachers. 9074 Lincoln suspends writ of habeas corpus. Arrests 14,000. 9075 Copperheads are forerunners of later agrarian movements. 9076 July, 1863 NYC draft riots showed resentment toward conscription. Kill 74. Last for 4 days, or 9077until troops fresh from Gettysburg quell the rebellion. 9078 2 million men serve in the Union Army. GAR is a potent political force for another 40 years. 9079 13th Amendment, abolishing slavery, passed in January, 1865. 9080 About 620,000 soldiers died fighting it. (360 k Union, 260 k Confederate). 680,000 have been 9081killed in all other wars combined. Practically every family lost a friend or a relative. 9082 Until well into the twentieth century, Civil War veterans who were missing an arm or a leg were a 9083common sight in American towns and cities. Veterans associations became potent political forces. 9084 9085 POLITICAL: 9086 9087 1864 = first war-time election in a democracy. Confirmation of Lincoln's direction of the war 9088effort. Wins 55% of the vote in the North. Determines that slavery would end during reconstruction. 9089 What doesn't kill us makes us stronger. The Republic emerges stronger than before the war. 9090 United States went from being a plural to a singular noun. The war also strengthened the national 9091government at the expense of the states. 9092 Millenialism and perfectionism are replaced by practicality and power. 9093 LEAVES A TREMENDOUS GULF BETWEEN ALL THAT OCCURED BEFORE AND ALL 9094THAT WOULD OCCUR AFTER. 9095 9096 ECONOMIC: 9097 9098 Taxes pay for 21% of the war effort, as opposed to 1% in the Confederacy. Internal Revenue 9099Bureau created. National income tax levied. Raises tarrifs. 9100 Real income for workers drops during the war. 9101 Republican goverment establishes cozy relationship with big business. 9102 Stocks rise. 9103 Northern agriculture booms. 9104 War cost $20 billion. 9105 Stimulates industrialization and leads to the rise of the modern corporation. Businesses become 9106larger and truly national.

462 237 463

9107 High number of factory workers needed for war production increases the need for wage labor and 9108hastens completion of the Market Revolution. 9109 9110 9111 DIPLOMATIC 9112 9113 Clearly, the U.S. is respected as a regional power. Forces Maximillian out of Mexico. Britain, 9114recognizing U.S. power, continues its conciliatory policy towards the U.S. (began in 1820s, continues until 9115today). Proof: Alabama claims commission. U.S. sues for, and gets, damages as a result of it having built 9116the C.S.S. Alabama. Gets compensation for shipping and lives lost as a result of the Alabama being built in 9117Liverpool. Other proof: Laird rams, built by Scotland for the Confederacy, were not sold to the 9118Confederacy because of U.S. opposition. 9119 9120 SECTIONAL: Union military victory is a triumph of nationalism. 9121 9122 THE SOUTH 9123 9124 SOCIAL: Free slaves. Book argues that the Emancipation Proclamation creates, in effect a new 9125nation. 9126 Slavery disintegrates behind the lines. 9127 500,000 slaves fled to the North. 9128 Southern women take a more active role in agricultural production. Many work in munitions 9129factories. 9130 In April 1862, establishes a national conscription law. Davis gets the power to decree martial law. 9131The twenty slave rule exempts those with twenty slaves from fighting. 9132 9133 POLITICAL: Davis forced to greatly consolidate political power (ironic since the idea was to 9134give the states more rights). Tries unsuccessfully to nationalize the army. (State governors, particularly in 9135GA and NC, resist.) 9136 9137 ECONOMIC: Shifts production from cotton to foodstuffs. Still, at the end of the war, food 9138shortages were critical. 1863 Bread Riots in Richmond. Forced the South to build up domestic industry. 9139Cotton production plummets from 4.5 million to 300,000 bales. South = better sustained in industrial 9140goods than in agriculture. Confederate government does a poor job at financing the war. Does it mostly by 9141printing money = rampant inflation. Imposes an income tax. Southern wealth declines by 43%, not 9142including the loss of slaves. 9143 9144 By 1865, Federal troops had destroyed 2/3 of the assessed value of Southern wealth, 2/5 of the 9145South’s livestock, and 1/4 of her white men between the ages of twenty and forty. More than half the farm 9146machinery was ruined, and damages to railroads and industry was incalculable. Southern wealth was 9147decreased by 60 percent (by 30 percent if the slaves are not counted). 9148 9149 DIPLOMATIC—Confederacy dies. 9150 9151 SECTIONAL: The South loses its historic position of great political strength. Short- term result 9152(???) is bitterness on the part of the South. 9153

464 238 465

9154Lesson 27: "Reconstruction and its Abandonment" 9155 9156Assignment: 9157 9158Visions: 404-427 9159Document 18: 13th, 14th, and 15th Amendments to the U.S. Constitution (pages 102-103 9160 of this Course Notebook.) 9161Document 48: Excerpts from The Mississippi Black Code of 1865 9162Document 49: Susan B. Anthony's 1873 "Woman's Rights to the Suffrage" Speech 9163 9164Learning Objectives: 9165 91661. Compare and contrast Presidential and Congressional Reconstruction. 9167 9168______9169 9170______9171 9172______9173 9174______9175 9176______9177 9178______9179 91802. Explain how the South changed during Reconstruction. What was the South’s social, 9181political, and economic reaction to Reconstruction? 9182 9183______9184 9185______9186 9187______9188 9189______9190 9191______9192 9193______9194 91953. To what extent did the passage of the Thirteenth, Fourteenth, and Fifteenth Amend- 9196ments fulfill the promise of the second sentence in the Declaration of Independence? 9197 9198______9199

466 239 467

9200______9201 9202______9203 9204______9205 9206______9207 9208______9209 92104. Based on our readings of the documents, evaluate Susan B. Anthony's arguments 9211about why women ought to have the right to vote. 9212 9213______9214 9215______9216 9217______9218 9219______9220 9221______9222 92235. What social, political, and economic gains did southern African Americans make 9224during Reconstruction? How and why were those gains limited? 9225 9226______9227 9228______9229 9230______9231 9232______9233 9234______9235 9236______9237 92386. What were the social, political, and economic reasons why Reconstruction ended? 9239 9240______9241 9242______9243 9244______9245

468 240 469

9246______9247 9248______9249 9250______9251 92527. Explain the legacy of Reconstruction for American society, culture, politics, and the 9253economy. 9254 9255______9256 9257______9258 9259______9260 9261______9262 9263______9264 9265______

470 241 471

9266Document 48: Excerpts from The Mississippi Black Code of 1865 9267 9268Be it enacted,. . . . That it shall not be lawful for any freedman, free negro, or mulatto to 9269intermarry with any white person; nor for any white person to intermarry with any 9270freedman, free negro, or mulatto and any person who shall so intermarry, shall be deemed 9271guilty of felony, and on conviction thereof shall be confined in the State penitentiary for 9272life; and those shall be deemed freedman, free negro, or mulatto who are of pure negro 9273blood, and those descended from a negro to the third generation, inclusive, though one 9274ancestor in each generation may have been a white person. . . . 9275 That all contracts for labor made with freedman, free negroes, or mulattoes for a 9276longer period than one month shall be in writing. . . ., and if the laborer shall quit the 9277service of the employer before expiration of his term of service, without good cause, he 9278shall forfeit his wages for that year, up to the time of quitting. . . . 9279 9280 That every civil officer shall, and every person may arrest and carry back to his or 9281her legal employer any freedman, free negro, or mulatto who shall have quit the service 9282of his or her employer before the expiration of his or her term of service without good 9283cause. . . . 9284 9285 That it shall be the duty of all sheriffs, justices of the peace, and other civil 9286officers of the several counties in this State, to report to the probate courts of their 9287respective counties semi-annually, at the January and July terms of said courts all 9288freedmen, free negroes, and mulattoes, under the age of eighteen, in their respective 9289counties, beats or districts, who are orphans or whose parents have not the means or who 9290refuse to provide for and support said minors; and thereupon it shall be the duty of said 9291court to apprentice said minors to some competent and suitable person, on such terms as 9292the court may direct, having a particular care to the interest of said minor; Provided, that 9293the former owner of said minors shall have the preference, when, in the opinion of the 9294court, he or she shall be a suitable person for that purpose. 9295 9296

472 242 473

9297Document 49: Susan B. Anthony's 1873 "Woman's Rights to the Suffrage" Speech 9298 9299Note: Susan B. Anthony delivered this speech after she had been arrested, tried, and 9300convicted of the charge of voting in the 1872 presidential election. Although she was 9301fined $100.00, she never paid the fine. 9302 9303FRIENDS AND FELLOW CITIZENS:—I stand before you to-night under indictment for 9304the alleged crime of having voted at the last presidential election, without having a lawful 9305right to vote. It shall be my work this evening to prove to you that in thus voting, I not 9306only committed no crime, but, instead, simply exercised my citizen’s rights, guaranteed 9307to me and all United States citizens by the National Constitution, beyond the power of 9308any State to deny. 9309 9310The preamble of the Federal Constitution says: "We, the people of the United States, in 9311order to form a more perfect union, establish justice, insure domestic tranquillity, provide 9312for the common defense, promote the general welfare, and secure the blessings of liberty 9313to ourselves and our posterity, do ordain and establish this Constitution for the United 9314States of America." 9315 9316It was we, the people; not we, the white male citizens; nor yet we, the male citizens; but 9317we, the whole people, who formed the Union. And we formed it, not to give the blessings 9318of liberty, but to secure them; not to the half of ourselves and the half of our posterity, but 9319to the whole people—women as well as men. And it is a downright mockery to talk to 9320women of their enjoyment of the blessings of liberty while they are denied the use of the 9321only means of securing them provided by this democratic-republican government—the 9322ballot. 9323 9324For any State to make sex a qualification that must ever result in the disfranchisement of 9325one entire half of the people is to pass a bill of attainder, or an ex post facto law, and is 9326therefore a violation of the supreme law of the land. By it the blessings of liberty are for 9327ever withheld from women and their female posterity. To them this government has no 9328just powers derived from the consent of the governed. To them this government is not a 9329democracy. It is not a republic. It is an odious aristocracy; a hateful oligarchy of sex; the 9330most hateful aristocracy ever established on the face of the globe; an oligarchy of wealth, 9331where the right govern the poor. An oligarchy of learning, where the educated govern the 9332ignorant, or even an oligarchy of race, where the Saxon rules the African, might be 9333endured; but this oligarchy of sex, which makes father, brothers, husband, sons, the 9334oligarchs over the mother and sisters, the wife and daughters of every household—which 9335ordains all men sovereigns, all women subjects, carries dissension, discord and rebellion 9336into every home of the nation. 9337 9338Webster, Worcester and Bouvier all define a citizen to be a person in the United States, 9339entitled to vote and hold office. 9340 9341The only question left to be settled now is: Are women persons? And I hardly believe any 9342of our opponents will have the hardihood to say they are not. Being persons, then, women

474 243 475

9343are citizens; and no State has a right to make any law, or to enforce any old law, that shall 9344abridge their privileges or immunities. Hence, every discrimination against women in the 9345constitutions and laws of the several States is to-day null and void, precisely as in every 9346one against negroes. 9347 9348 9349

476 244 477

9350Lesson 28: Course Critique / Review for Final Exam 9351Assignment: Come to class ready to write out answers to the below questions. 9352 9353For all “on a scale of one to ten” type questions, one is “least” or “worst,” and ten is “highest” or 9354“best.” Also, please be sure to write down the number. 9355 93561. How much time, on average, did you spend on homework before each lesson for this course? 9357______93582. How much time, on average, do you spend on homework before each lesson for your other 9359courses?______93603. Was this course worse than you expected, about what you expected, or better than you 9361expected? Please explain your answer. ______9362______9363______9364______9365______93664. On a scale of 1 to 10, with ten being high, how well do you believe this course covered the 9367material? Please explain. ______9368______9369______93705. On a scale of 1 to 10, how much do you think you learned from this course? ______93716. Compared to your other courses at Midlands Tech, was this course less difficult, about as 9372difficult, or more difficult? Please explain. ______9373______9374______9375______9376______93777. On a scale of 1 to 10, how well do you think the instructor explained what you needed to do in 9378order to succeed in this course? Please explain. ______9379______9380______9381______93828. On a scale of 1 to 10, how useful were having the Course Notebook with Learning Objectives? 9383Please explain. ______9384______9385______9386______9387______9388

478 245 479

9389 93909. Did, or how did, the Course Notebook help you to learn in this course? ______9391______9392______9393______939410. Would you recommend using the Course Notebook in the future? ______939511. On a scale of 1 to 10, how useful was the writing assignment? Please explain. ______9396______9397______9398______939912. On a scale of 1 to 10, how fair were the quizzes and the mid-term? Please explain.______9400______9401______940213. What was the single best thing about the course? Please explain. ______9403______9404______9405______940614. What was the single worst thing about the course? Please explain. ______9407______9408______9409______941015. How many other courses have you taken at Midlands Tech? ______941116. Compared to other courses you have taken at Midlands Tech, was this course below 9412average, average, or above average? Please explain. ______9413______9414______941517. If you could change one thing about the way this course was taught, what would it be? 9416Please explain. ______9417______941818. What is the single most important thing you learned from this course? ______9419______9420______942119. Would you recommend this course to a friend? Please explain. ______9422______942320. What did you think of the textbook, Visions of America? ______9424______9425______

480 246 481

942621. Other comments? ______9427______

482 247