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THE SPIRIT OF AMERICA
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THE SPIRIT OF AMERICA
as shown by her great documents
1620-1920
Old Colony Trust Company
17 Court Street
52 Temple Place 222 Boylston Street
Boston, Massachusetts
Eir5
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COP\"RIGHT, 1920, BY OLD COLONY TRUST COMPANY
FEB 10 1920
THE UNHERSITY PRESS, CAMBRroCE, MASS.
I.A56i815
FOREWORD
"W" Y" ISTORY, as usually understood, concerns m B itself with material things, with events and dates. There is another and more vital His- tory,— that of the Mind and Soul of a people. Records of the collective mind of a nation write the History of its Spirit. The birth and development of the Spirit of America are clearly recorded in cer- tain public documents. These records, contained in broadly accepted public documents and in speeches of individual men, have been the outspeaking of a true national voice, — the expression of the collective Spirit of a people. Casting out from, the huge mass of public documents such as are of transitory interest or simply new statements of already accepted prin- ciples, the list IS not long. It will be well for our people if the same courage to search for and follow the Right is shown by the records in the next as it has been in the last three hundred years.
Old Colony Trust Company
THE MAYFLOWER COMPACT
[ 1620]
This document was drawn up and signed on board the " May- flower " in Provincetown Harbor, Cape Cod, on November 21, 1 620 ( new style ) .
IN the name of God, Amen. We, whose names are underwritten, the loyal subjects of our dread sover- eigne Lord, King James, by the grace of God, of Great Britaine, France, and Ireland king, defender of the faith, etc., having undertaken, for the glory of God, and advancement of the Christian faith, and hon- our of our king and country, a voyage to plant the first colony in the Northerne parts of Virginia, doe, by these presents solemnly and mutually in the presence of God, and one of another, covenant and combine ourselves together into a civill body politick, for our better order- ing and preservation and furtherance of the ends afore- said; and by virtue hereof to enacte, constitute, and frame such just and equall laws, ordinances, acts, constitutions, and oflices, from time to time, as shall be thought most meete and convenient for the generall good of the Col- onic unto which we promise all due submission and obedi- ence. In witness whereof we have hereunder subscribed our names at Cap-Codd the 1 1. of November, in the year of the raigne of our sovereigne lord, King James, of Eng- land, France, and Ireland, the eighteenth, and of Scot- land the fiftie-fourth. Anno. Dom. 1620.
John Carver Samuel Fuller Edward Tilly
William Bradford Christopher Martin 1*^^" Tilly
Edward Winslow Wilham Mullins Francis Cook
WiUiam Brewster Wilham White Thomas Rogers
Isaac Allerton Richard Warren Thomas Tinker
Miles Standish John Howland John Ridgdale
John Alden Steven Hopkins Edward Fuller
John Turner Digery Priest Richard Clark
Francis Eaton Thomas Williams Richard Gardiner
James Chilton Gilbert Winslow John Allerton
John Craxton Edmond Margeson Thomas English
John Billington Peter Brown Edward Doten
Joses Fletcher Richard Bitteridge Edward Liester
John Goodman George Soule
THE NEW ENGLAND CONFEDERATION
[1643]
The plan of this Confederation appears to have originated in 1637 with Connecticut, to strengthen that Colony against en- croachments from the Dutch, but it was not until 1643 that the articles were submitted to the Courts of the several colonies and were duly ratified by them.
Articles of Confederation betweene y^ Planta- tions UNDER Y'^ GoVERMENTE OF MaSSACHUSETS,
Y"^ Plantations under y'^ Govermente of New- Plimoth, y''^ Plantations under y^ Govermente of Conightecute, and y"^ Govermente of New- Haven, WITH Y^ Plantations in combination therwith.
WHERAS we all came into these parts of America with one and y® same end and aime, namly, to advance the kingdome of our Lord Jesus Christ, & to injoye y^ liberties of y*' Gospell in puritie with peace; and wheras in our setling (by a wise providence of God) we are further disperced upon y® sea coasts and rivers then was at first intended, so y*^ we cannot, according to our desires, with conven- iencie comunicate in one govermente & jurisdiction; and wheras we live encompassed with people of severall na- tions and Strang languages, which hereafter may prove injurious to us and our posteritie; and for as much as y*^ natives have formerly comitted sundrie insolencies and outrages upon severall plantations of y® English, and have of late combined them selves against us; and seeing, by reason of those distractions in England (which they have heard of) and by which they know we are hindered from y^ humble way of seeking advice or reaping those comfurtable fruits of protection which at other times
we might well expecte; we therfore doe conceive it our bounden duty, without delay, to enter into a presente con- sociation amongst our selves, for mutuall help & strength in all our future concernments. That as in nation and religion, so in other respects, we be & continue one, ac- cording to y*" tenor and true meaning of the insuing arti- cles. ( I ) Wherfore it is fully agreed and concluded by & betweene y** parties or jurisdictions above named, and they joyntly & severally doe by these presents agree & conclude, that they all be and henceforth be called by y* name of The United Colonies of New-England.
2. 7'he said United Collonies, for them selves & their posterities, doe joyntly & severally hereby enter into a firme & perpetuall league of frendship & amitie, for of- fence and defence, mutuall advice and succore upon all just occasions, both for preserving & propagating y*^ truth of y® Gospell, and for their owne mutuall saftie and wellfare.
3. It is further agreed that the plantations which at presente are or hereafter shall be setled with [in] y® limites of y^ Massachusets shall be for ever under y^ Massachusets, and shall have peculier jurisdiction amonge them selves in all cases, as -an intire body. And y' Pli- moth, Conightecutt, and New-Haven shall each of them have like peculier jurisdition and govermente within their limites and in refference to y® plantations which allready are setled, or shall hereafter be erected, or shall setle within their limites, respectively; provided y* no other jurisdition shall hereafter be taken in, as a distincte head or member of this confederation, nor shall any other plantation or jurisdiction in presente being, and not all- ready in combination or under y^ jurisdiction of any of these confederats, be received by any of them; nor shall any tow of y*^ confederats joyne in one jurisdiction, with- out consente of y^ rest, which consente to be interpreted us is expressed in y*^ sixte article ensewing.
4. It is by these conffederats agreed, y^ the charge of all just warrs, whether offencive or defencive, upon what parte or member of this confederation soever they fall,
10
shall, both in men, provlssions, and all other disburse- ments, be borne by all y*^ parts of this confederation, in differente proportions, according to their differente abilli- ties, in maner following: namely, y* the comissioners for each jurisdiction, from time to time, as ther shall be occasion, bring a true accounte and number of all their males in every plantation, or any way belonging too or under their severall jurisdictions, of what qualitie or con- dition soever they be, from i6. years old to 60. being inhabitants ther; and y*^ according to y*" differente num- bers which from time to time shall be found in each juris- diction upon a true & just accounte, the service of men and all charges of y® warr be borne by y*^ pole; each jurisdiction or plantation being left to their owne just course & custome of rating them selves and people ac- cording to their differente estates, with due respects to their qualities and exemptions amongst them selves, though the confederats take no notice of any such privi- ledg. And y* according to their differente charge of each jurisdiction & plantation, the whole advantage of y® warr, (if it please God to blesse their indeaours, ) whether it be in lands, goods, or persons, shall be pro- portionately devided amonge y^ said confederats.
5. It is further agreed, that if these jurisdictions, or any plantation under or in combynacion with them, be invaded by any enemie whomsoever, upon notice & re- queste of any 3. magistrats of y*^ jurisdiction so invaded, y® rest of y^ confederats, without any further meeting or expostulation, shall forthwith send ayde to y^ confeder- ate in danger, but In differente proportion; namely, y° Massachusets an hundred men sufficently armed & pro- vided for such a service and journey, and each of y^ rest forty five so armed and provided, or any lesser number, if less be required according to this proportion. But if such confederate in danger may be supplyed by their nexte confederates, not exeeding y*" number hereby agreed, they may crave help ther, and seeke no further for y*' presente; y® charge to be borne as in this article is
II
exprest, and at y*' returne to be victuled & suplyed with powder & shote for their jurney (If ther be need) by y* jurisdiction which imployed or sent for them. But none of y*" jurisdictions to exceede these numbers till, by a meeting of y^ comissioners for this confederation, a greater aide appear nessessarie. And this proportion to continue till upon knowledge of greater numbers in each jurisdiction, which shall be brought to y*^ nexte meeting, some other proportion be ordered. But in such case of sending men for presente aide, whether before or after such order or alteration, it is agreed y* at y^ meeting of y*^ comissioners for this confederation, the cause of such warr or invasion be duly considered; and if it appeare y* the falte lay in y*" parties so invaded, y' then that juris- diction or plantation make just satisfaction both to y* in- vaders whom they have injured, and beare all y® charges of y*^ warr them selves, without requiring any allowance from y* rest of y*" confederats towards y^ same. And fur- ther, y*^ if any jurisdiction see any danger of any inva- sion approaching, and ther be time for a meeting, that in such a case 3. magistrats of y* jurisdiction may sumone a meeting, at such conveniente place as them selves shall thinke meete, to consider & provid against y*' threatened danger, provided when they are mett, they may remove to what place they please; only, whilst any of these foure confederats have but 3 magistrats in their jurisdiction, their requeste, or summons, from any 2. of them shall be accounted of equall force with y^ 3. mentioned in both the clauses of this article, till ther be an increase of majestrats ther.
6. It is also agreed y*, for y^ managing & concluding of all affairs propper, & concerning the whole confedera- tion, tow comissioners shall be chosen by & out of each of these 4. jurisdictions; namly, 2. for y*^ Massachusets, 2. for Plimoth, 2. for Conightecutt, and 2. for New- Haven, being all in church fellowship with us, which shall bring full power from their severall Generall Courts respectively to hear, examene, waigh, and detirmine all
12
affairs of warr, or peace, leagues, aids, charges, and num- bers of men for warr, divisions of spoyles, & whatsoever is gotten by conquest; receiving of more confederats, or plantations into combination with any of y*^ confederates, and all things of like nature, which are y*" proper con- comitants or consequences of such a confederation, for amitie, offence, & defence; not intermedling with y^ gov- ermente of any of y^ jurisdictions, which by y^ 3. article is preserved entirely to them selves. But if these 8. comissioners when they meete shall not all agree, yet it concluded that any 6. of the 8. agreeing shall have power to setle & determine y*^ bussines in question. But if 6. doe not agree, that then such propositions, with their reasons, so farr as they have been debated, be sente, and referred to y*^ 4. Generall Courts, viz. y^ Massachusets, Plimoth, Conightecutt, and New-haven; and if at all y*^ said Generall Courts y^ bussines so referred be concluded, then to be prosecuted by y^ confederats, and all their members. It was further agreed that these 8. comis- sioners shall meete once every year, besids extraordinarie meetings, (according to the fifte article,) to consider, treate, & conclude of all affaires belonging to this con- federation, which meeting shall ever be y*^ first Thursday in September. And y* the next meeting after the date of these presents, which shall be accounted y® second meet- ing, shall be at Boston in y*^ Massachusets, the 3. at Hart- ford, the 4. at New-Haven, the 5. at Plimoth, and so in course successively, if in y*^ meane time some midle place be not found out and agreed on, which may be comodious for all y^ jurisdictions.
7. It is further agreed, y* at each meeting of these 8. comissioners, whether ordinarie, or extraordinary, they all 6. of them agreeing as before, may chuse a presidente out of them selves, whose office & work shall be to take care and directe for order, and a comly carrying on of all proceedings in y*^ present meeting; but he shall be in- vested with no such power or respecte, as by which he shall hinder y*^ propounding or progrese of any business,
13
or any may cast y^ scalles otherwise then in y*" precedente article is agreed.
8. It is also agreed, y* the comissioners for this con- federation hereafter at their meetings, whether ordinary or extraordinarie, as they may have comission or oppor- tunitie, doe indeaover to frame and establish agreements & orders in generall cases of a civill nature, wherin all y® plantations are interessed, for y^ preserving of peace amongst them selves, and preventing as much as may be all occasions of warr or difference with others; as aboute y^ free & speedy passage of justice, in every jurisdiction, to all y*^ confederats equally as to their owne; not receiv- ing those y* remove from one plantation to another with- out due certificate; how all y*^ jurisdictions may carry towards y*^ I-ndeans, that they neither growe insolente, nor be injured without due satisfaction, least warr breake in upon the confederats through such miscarriages. It is also agreed, y* if any servante rune away from his maister into another of these confederated jurisdictions, that in such case, upon y^ certificate of one magistrate in y*' juris- diction out of which y^ said servante fledd, or upon other due proofe, the said servante shall be delivered, either to his maister, or any other y* pursues & brings such certifi- cate or proofs. And y* upon y^ escape of any prisoner whatsoever, or fugitive for any criminall cause, whether breaking prison, or getting from y® officer, or otherwise escaping, upon y^ certificate of 2. magistrats of y*^ juris- diction out of which y*" escape is made, that he was a prisoner, or such an offender at y* time of y*" escape, they magistrats, or sume of them of y* jurisdiction wher for y*^ presente the said prisoner or fugitive abideth, shall forthwith grante such a warrante as y^ case will beare, for y^ apprehending of any such person, & y^ delivering of him into y*" hands of y'' officer, or other person who pursues him. And if ther be help required, for y® safe returning of any such offender, then it shall be granted to him y* craves y*^ same, he paying the charges thereof.
9. And for y* the justest warrs may be of dangerous
14
consequence, espetially to y^ smaler plantations in these United Colonies, it is agreed y*^ neither y*^ Massachusets, Plimoth, Conightecutt, nor New-Haven, nor any member of any of them, shall at any time hear after begine, under- take, or ingage them selves or this confederation, or any parte thereof, in any warr whatsoever, (sudden* exe- gents, with y"^ necessary consequents thereof excepted, which are also to be moderated as much as y*^ case will permitte,) without y^ consente and agreemente of y^ fore- mentioned 8. comissioners, or at y® least 6. of them, as In y*^ sixt article provided. And y* no charge be required of any of they confederats, in case of a defensive warr, till y^ said comissioners have mett, and approved y^ justice of y^ warr, and have agreed upon y*' sume of money to be levied, which sume is then to be paid by the severall confederats in proportion according to y® fourth article.
10. That in extraordinary occasions, when meetings are summoned by three magistrates of any jurisdiction, or 2. as in y*^ 5. article, if any of y** comissioners come not, due warning being given or sente, it is agreed y* 4. of the comissioners shall have power to directe a warr which cannot be delayed, and to send for due proportions of men out of each jurisdiction, as well as 6. might doe if all mett; but not less than 6. shall determine the justice of y*^ warr, or alow y*' demands or bills of charges, or cause any levies to be made for y^ same.
11. It is further agreed, y^ if any of y^ confederats shall hereafter breake any of these presente articles, or be any other ways injurious to any one of y^ other juris- dictions, such breach of agreemente or injurie shall be duly considered and ordered by y^ comissioners for y® other jurisdiction; that both peace and this presente con- federation may be intirly preserved without violation.
12. Lastly, this perpetuall confederation, and y^ sev- erall articles thereof being read, and seriously considered, both by y*^ Generall Courte for y^ Massachusets, and by y^ comissioners for Plimoth, Conigtecute, & New-Haven,
• Substituted for sundry on the authority of the original MS. records.
IS
were fully alowed & confirmed by 3. of y^ forenamed confederats, namly, y^ Massachusets, Conightecutt, and New-Haven; only y^ comissioners for Pllmoth hav^elng no comisslon to conclude, desired respite till they might ad- vise with their Generall Courte; wher upon it was agreed and concluded by y*' said Courte of y*" Massachusets, and the comissioners for y® other tow confederats, that, if Plimoth consente, then the whole treaty as it stands in these present articls is, and shall continue, firme & stable without alteration. But if Plimoth come not in, yet y^ other three confederats doe by these presents confeirme y® whole confederation, and y® articles therof; only in September nexte, when y*" second meeting of y*^ comis- sioners is to be at Boston, new consideration may be taken of y*^ 6. article, which concerns number of comis- sioners for meeting & concluding the affaires of this con- federation, to y*^ satisfaction of y*^ Courte of y*" Massa- chusets, and y^ comissioners for y*" other 2. confederats, but y^ rest to stand unquestioned. In y^ testimonie wherof, y^ Generall Courte of y^ Massachusets, by ther Secretary, and y*^ comissioners for Conightecutt and New-Haven, have subscribed these presente articles this 19. of y^ third month, comonly called May, Anno Dom : 1643.
At a meeting of y® comissioners for y*^ confederation held at Boston y^ 7. of Sept: it appearing that the Gen- erall Courte of New-Plimoth, and y^ severall towneshipes therof, have read & considered & approved these articles of confederation, as appeareth by comission from their Generall Courte bearing date y*" 29. of August, 1643, to M"". Edward Winslow and M'". William Collier, to ratifie and confirme y^ same on their behalfes. We, therfore, y® Comissioners for y^ Massachusets, Conightecutt, & New Haven, doe also, for our severall governments, sub- scribe unto them.
John Winthrop, Gov^. of y® Massachusets.
Tho: Dudley. Theoph: Eaton.
Geo: Fenwick. Edwa: Hopkins.
Thomas Gregson.
16
THE DECLARATION OF INDEPENDENCE
[1776]
The Declaration of Independence was adopted unanimously on July 4, 1776, in the third session of the Second Continental Con- gress. A resolution declaring the United Colonies free and inde- pendent states was proposed by Richard Henry Lee of Virginia, and was seconded by John Adams of Massachusetts. The com- mittee which drew up the Declaration itself consisted of Thomas Jefferson, John Adams, Roger Sherman, and Robert Livingstone.
WHEN in the course of human events, it be- comes necessary for one people to dissolve the political bands which have connected them with another, and to assume among the Powers of the earth, the separate and equal station to which the Laws of Nature and of Nature's God entitle them, a decent respect to the opinions of mankind re- quires that they should declare the causes which impel them to the separation.
We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Cre- ator with certain unalienable Rights, that among these are Life, Liberty, and the pursuit of Happiness. That to secure these rights. Governments are instituted among Men, deriving their just powers from the consent of the governed. That whenever any Form of Government be- comes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Gov- ernment, laying its foundation on such principles and or- ganizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness. Pru- dence, indeed, will dictate that Governments long estab- lished should not be changed for light and transient
17
causes; and accordingly all experience hath shown, that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing invariably the same Object, evinces a design to reduce them under abso- lute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security. — Such has been the patient sufferance of these Colonies; and such is now the necessity which con- strains them to alter their former Systems of Govern- ment. 1'he history of the present King of Great Britain is a history of repeated injuries and usurpations, all having in direct object the establishment of an absolute Tyranny over these States. To prove this, let Facts be submitted to a candid world.
He has refused his Assent to Laws, the most whole- some and necessary for the public good.
He has forbidden his Governors to pass Laws of im- mediate and pressing importance, unless suspended in their operation till his Assent should be obtained; and when so suspended, he has utterly neglected to attend to them.
He has refused to pass other Laws for the accommo- dation of large districts of people, unless those people would relinquish the right of Representation in the Legis- lature, a right inestimable to them and formidable to tyrants only.
He has called together legislative bodies at places unusual, uncomfortable, and distant from the depository of their Public Records, for the sole purpose of fatiguing them into compliance with his measures.
He has dissolved Representative Houses repeatedly, for opposing with manly firmness his invasions on the rights of the people.
He has refused for a long time, after such dissolu- tions, to cause others to be elected; whereby the Legisla- tive Powers, incapable of Annihilation, have returned to
the People at large for their exercise; the State remaining in the mean time exposed to all the dangers of invasion from without, and convulsions within.
He has endeavoured to prevent the population of these States; for that purpose obstructing the Laws of Natural- ization of Foreigners; refusing to pass others to encour- age their migration hither, and raising the conditions of new Appropriations of Lands.
He has obstructed the Administration of Justice, by refusing his Assent to Laws for establishing Judiciary Powers.
He has made Judges dependent on his Will alone, for the tenure of their offices, and the amount and payment of their salaries.
He has erected a multitude of New Offices, and sent hither swarms of Officers to harass our People, and eat out their substance.
He has kept among us, in times of Peace, Standing Armies without the Consent of our legislature.
He has affected to render the Military independent of and superior to the Civil Power.
He has combined with others to subject us to a juris- diction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their acts of pretended legislation:
For quartering large bodies of armed troops among us:
For protecting them, by a mock Trial, from Punish- ment for any Murders which they should commit on the Inhabitants of these States:
For cutting off our Trade with all parts of the world:
For imposing taxes on us without our Consent:
For depriving us in many cases, of the benefits of Trial by Jury:
For transporting us beyond Seas to be tried for pre- tended offences :
For abolishing the free System of English Laws in a neighboring Province, establishing therein an Arbitrary
19
government, and enlarging Its Boundaries so as to render it at once an example and fit instrument for introducing the same absolute rule into these Colonies:
For taking away our Charters, abolishing our most valuable Laws, and altering fundamentally the Forms of our Governments:
For suspending our own Legislature, and declaring themselves invested with Power to legislate for us in all cases whatsoever.
He has abdicated Government here, by declaring us out of his Protection and waging War against us.
He has plundered our seas, ravaged our Coasts, burnt our towns, and destroyed the lives of our people.
He is at this time transporting large armies of foreign mercenaries to compleat the works of death, desolation and tyranny, already begun with circumstances of Cru- elty & perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.
He has constrained our fellow Citizens taken Captive on the high Seas to bear Arms against their Country, to become the executioners of their friends and Brethren, or to fall themselves by their Hands.
He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our fron- tiers, the merciless Indian Savages, whose known rule of warfare is an undistinguished destruction of all ages, sexes and conditions.
In every stage of these Oppressions We have Peti- tioned for Redress in the most humble terms : Our re- peated Petitions have been answered only by repeated injury. A Prince, whose character is thus marked by every act which may define a Tyrant, is unfit to be the ruler of a free People.
Nor have We been wanting in attention to our British brethren. We have warned them from time to time of attempts by their legislature to extend an unwarrantable jurisdiction over us. We have reminded them of the
20
circumstances of our emigration and settlement here. We have appealed to their native justice and magnanimity, and we have conjured them by the ties of our common kindred to disavow these usurpations, which, would in- evitably interrupt our connections and correspondence. They too have been deaf to the voice of justice and of consanguinity. We must, therefore, acquiesce in the ne- cessity, which denounces our Separation, and hold them, as we hold the rest of mankind, Enemies in War, in Peace Friends.
We, therefore, the Representatives of the United States of America, in General Congress, Assembled, ap- pealing to the Supreme Judge of the world for, the recti- tude of our intentions, do, in the Name, and by Authority of the good People of these Colonies, solemnly publish and declare. That these United Colonies are, and of Right ought to be Free and Independent States ; that they are Absolved from all Allegiance to the British Crown, and that all political connection between them and the State of Great Britain, is and ought to be totally dissolved; and that as Free and Independent States, they have full power to levy War, conclude Peace, contract Alliances, establish Commerce, and to do all other Acts and Things which Independent States may of right do. And for the support of this Declaration, with a firm reli- ance on the Protection of Divine Providence, we mutually pledge to each other our Lives, our Fortunes and our Sacred Honor.
John Hancock.
NEW HAMPSHIRE JOSIAH BARTLETT MATTHEW THORNTON
WM. WHIPPLE
MASSACHUSETTS BAY SAME. ADAMS ELBRIDGE GERRY
JOHN ADAMS ROBT. TREAT PAINE
RHODE ISLAND STEP. HOPKINS WILLIAM ELLERY
21
CONNECTICUT ROGER SHERMAN WM. WILLIAMS
SAM'EL HUNTINGTON OLIVER WOLCOTT
NEW YORK
frans. lewis lewis morris NEW JERSEY
JOHN HART ABRA. CLARK
WM. FLOYD
PHIL. LIVINGSTON
RICHD. STOCKTON JNO. WITHERSPOON FRAS. HOPKINSON
ROBERT MORRIS BENJAMIN RUSH BENJA. FRANKLIN JOHN MORTON GEO. CLYMER
CAESAR RODNEY GEO. READ
SAMUEL CHASE WM. PACA
PENNSYLVANIA
JAS. SMITH GEO. TAYLOR JAMES WILSON GEO. ROSS
DELAWARE
THOS. m'kEAN
MARYLAND
THOS. STONE CHARLES CARROLL OF CARROLLTON VIRGINIA GEORGE WYTHE THOS. NELSON, JR.
RICHARD HENRY LEE FRANCIS LIGHTFOOT LEE
TH. JEFFERSON CARTER BRAXTON
BENJA. HARRISON
NORTH CAROLINA WM. HOOPER JOHN PENN
JOSEPH HEWES
SOUTH CAROLINA EDWARD RUTLEDGE ARTHUR MIDDLETON
THOS. HEYWARD, JUNR. THOMAS LYNCH, JUNR.
GEORGIA BUTTON GWINNETT GEO. WALTON
LYMAN HALL
22
THE CONSTITUTION OF THE UNITED STATES
[1787]
This document was drawn up by delegates from the various States who met in Philadelphia May 25, 1787. It was com- pleted September 28, 1787, and referred to each of the thirteen States for ratification. By June 21, 1789, it was accepted by nine States, and in consequence a new federal government was estab- lished the same year in New York.
The dates of the amendments are: I-X, 1791 ; XI, 1798; XII, 1804; XIII, 1865; XIV, 1868; XV, 1870; XVI, 1913; XVII, 1913; XVIII, 1919.
WE THE PEOPLE* of the United States, In Order to form a more perfect Union, estab- lish Justice, insure domestic Tranquillity, pro- vide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.
ARTICLE I
Section i
All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.
Section 2
I. The House of Representatives shall be composed of Members chosen every second Year by the People of
* In the original the clauses are not numbered, nor is there any title to the document. It begins, "We the People."
23
the several States, and the Electors In each State shall have the Qualifications requisite for Electors of the most numerous Branch of the State Legislature.
2. No Person shall be a Representative who shall not have attained to the Age of twenty-five Years, and been seven Years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State in which he shall be chosen.
3. Representatives and direct Taxes shall be appor- tioned among the several States which may be included within this Union, according to their respective Numbers, which shall be determined by adding to the whole Num- ber of free Persons, including those bound to Service for a Term of Years, and excluding Indians not taxed, three fifths of all other Persons. The actual Enumeration shall be made within three Years after the first Meeting of the Congress of the United States, and within every subse- quent Term of ten Years, in such Manner as they shall by Law direct. The Number of Representatives shall not exceed one for every thirty Thousand, but each State shall have at Least one Representative ; and until such enumeration shall be made, the State of New Hampshire shall be entitled to choose three, Massachusetts eight, Rhode Island and Providence Plantations one, Connecti- cut five. New York, six, New Jersey four, Pennsylvania eight, Delaware one, Maryland six, Virginia ten. North Carolina five. South Carolina five, and Georgia three.
4. When vacancies happen in the Representation from any State, the Executive Authority thereof shall Issue Writs of Election to fill such Vacancies.
5. The- House of Representatives shall choose their Speaker and other Officers; and shall have the sole Power of Impeachment.
Section 3
I. The Senate of the United States shall be com- posed of two Senators from each State, chosen by the
24
Legislature thereof, for six Years; and each Senator shall have one Vote.
2. Immediately after they shall be assembled in Con- sequence of the first Election, they shall be divided as equally as may be into three Classes. The Seats of the Senators of the first Class shall be vacated at the Expira- tion of the second Year, of the second Class at the Ex- piration of the fourth Year, and of the third Class at the Expiration of the sixth Year, so that one third may be chosen every second Year; and if Vacancies happen by Resignation, or otherwise, during the Recess of the Leg- islature of any State, the Executive thereof may make temporary Appointments until the next Meeting of the Legislature, which shall then fill such Vacancies.
3. No Person shall be a Senator who shall not have attained to the Age of thirty Years, and been nine Years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State for which he shall be chosen.
4. The Vice President of the United States shall be President of the Senate, but shall have no Vote, unless they be equally divided.
5. The Senate shall choose their other Officers, and also a President pro tempore in the Absence of the Vice Presi- dent, or when he shall exercise the Office of President of the United States.
6. The Senate shall have the sole Power to try all Im- peachments. When sitting for that Purpose, they shall be on Oath or Affirmation. When the President of the United States is tried, the Chief Justice shall preside: And no Person shall be convicted without the Concur- rence of two thirds of the Members present.
7. Judgment in Cases of Impeachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of honor. Trust, or Profit under the United States : but the Party convicted shall, nevertheless, be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law.
25
Section 4
i„ The Times, Places and Manner of holding Elec- tions for Senators and Representatives, shall be pre- scribed in each State by the Legislature thereof; but the Congress may at any time by Law make or alter such Regulations, except as to the Places of choosing Senators.
2. The Congress shall assemble at least once in every Year, and such Meeting shall be on the first Monday in December, unless they shall by Law appoint a different Day.
Section 5
1. Each House shall be the Judge of the Elections, Returns and Qualifications of its own Members, and a Majority of each shall constitute a Quorum to do Busi- ness; but a smaller Number may adjourn from day to day, and may be authorized to compel the Attendance of absent Members, in such Manner, and under such Penal- ties as each House may provide.
2. Each House may determine the Rules of its Pro- ceedings, punish its Members for disorderly Behavior, and, with the Concurrence of two thirds, expel a Member.
3. Each House shall keep a Journal of its Proceedings, and from time to time publish the same, excepting such Parts as may in their Judgment require Secrecy; and the Yeas and Nays of the Members of either House on any question shall, at the Desire of one fifth of those Present, be entered on the Journal.
4. Neither House, during the Session of Congress, shall, without the Consent of the other, adjourn for more than three days, nor to any other Place than that in which the two Houses shall be sitting.
Section 6
I. The Senators and Representatives shall receive a Compensation for their Services, to be ascertained by Law, and paid out of the Treasury of the United States.
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They shall in all Cases, except Treason, Felony and Breach of the Peace, be privileged from Arrest during their Attendance at the Session of their respective Houses, and in going to and returning from the same; and for any Speech or Debate in either House, they shall not be questioned in any other Place.
2. No Senator or Representative shall, during the Time for which he was elected, be appointed to any civil Office under the Authority of the United States, which shall have been created, or the Emoluments whereof shall have been increased during such time; and no Person holding any Office under the United States, shall be a member of either House during his Continuance in Office.
Section 7
1. All Bills for raising Revenue shall originate in the House of Representatives; but the Senate may propose or concur with Amendments as on other Bills.
2. Every Bill which shall have passed the House of Representatives and the Senate, shall, before it become a Law, be presented to the President of the United States; If he approve he shall sign it, but if not he shall return it, with his Objections, to that House in which it shall have originated, who shall enter the Objections at large on their Journal, and proceed to reconsider it. If after such Reconsideration two thirds of that House shall agree to pass the Bill, it shall be sent, together with the Objections, to the other House, by which it shall likewise be reconsidered, and if approved by two thirds of that House, it shall become a Law. But in all such Cases the Votes of both Houses shall be determined by Yeas and Nays, and the Names of the Persons voting for and against the Bill shall be entered on the Journal of each House respectively. If any Bill shall not be returned by the President within ten Days (Sundays excepted) after it shall have been presented to him, the Same shall be a Law, in like Manner as If he had signed it, unless the
27
Congress by their Adjournment prevent its Return, in which Case it shall not be a Law.
3. Every Order, Resolution, or Vote to which the Con- currence of the Senate and House of Representatives may be necessary (except on a question of Adjournment) shall be presented to the President of the United States; and before the Same shall take Effect, shall be approved by him, or being disapproved by him, shall be repassed by two thirds of the Senate and House of Representa- tives, according to the Rules and Limitations prescribed in the Case of a Bill.
Section 8
1. The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pav the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Ex- cises shall be uniform throughout the United States;
2. To borrow Money on the credit of the United States;
3. To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;
4. To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States ;
5. To coin Money, regulate the Value thereof, and of foreign Coin, and to fix the Standard of Weights and Measures;
6. To provide for the Punishment of counterfeiting the Securities and current Coin of the United States;
7. To establish Post Offices and post Roads;
8. To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;
9. To constitute Tribunals inferior to the Supreme Court;
10. To define and punish Piracies and Felonies
28
committed on the high Seas, and Offences against the Law of Nations;
IT. To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;
12. To raise and support Armies, but no Appropria- tion of Money to that Use shall be for a longer Term than two Years;
13. To provide and maintain a Navy;
14. To make Rules for the Government and Regula- tion of the land and naval Forces;
15. To provide for calling forth the Militia to exe- cute the Laws of the Union, suppress Insurrections and repel Invasions;
16. To provide for organizing, arming, and disci- plining the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress;
17. To exercise exclusive Legislation in all Cases what- soever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the Acceptance of Congress, become the Seat of the Govern- ment of the United States, and to exercise like Authority over all Places purchased by the Consent of the Legis- lature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings; — And
18. To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.
Section 9
I. The Migration or Importation of such Persons as any of the States now existing shall think proper to admit,
29
shall not be prohibited by the Congress prior to the Year one thousand eight hundred and eight, but a Tax or Duty may be imposed on such Importation, not exceeding ten dollars for each Person.
2. The Privilege of the Writ of Habeas Corpus shall not be suspended unless when in Cases of Rebellion or Invasion the public Safety may require it.
3. No Bill of Attainder or ex post facto Law shall be passed.
4. No Capitation or other direct Tax shall be laid, un- less in Proportion to the Census or Enumeration herein before directed to be taken.
5. No Tax or Duty shall be laid on Articles exported from any State.
6. No Preference shall be given by any Regulation of Commerce or Revenue to the Ports of one State over those of another: nor shall Vessels bound to, or from, one State, be obliged to enter, clear, or pay Duties in another.
7. No money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law; and a regular Statement and Account of the Receipts and Ex- penditures of all public Money shall be published from time to time.
8. No Title of Nobility shall be granted by the United States: And no Person holding any Office of Profit or Trust under them, shall, without the Consent of the Con- gress, accept of any present. Emolument, Office, or Title, of any kind whatever, from any King, Prince, or foreign State.
Section 10
I. No State shall enter into any Treaty, Alliance, or Confederation; grant Letters of Marque and Reprisal; coin Money; emit Bills of Credit; make any Thing but gold and silver Coin a Tender in Payment of Debts; pass any Bill of Attainder, ex post facto Law, or Law impair- ing the Obligation of Contracts, or grant any Title of Nobility.
30
2. No State shall, without the Consent of the Con- gress, lay any Imposts or Duties on Imports or Exports, except what may be absolutely necessary for executing its inspection Laws; and the net Produce of all Duties and Imposts, laid by any State on Imports or Exports, shall be for the Use of the Treasury of the United States; and all such Laws shall be subject to the Revision and Con- troul of the Congress.
3. No State shall, without the Consent of Congress, lay any Duty of Tonnage, keep Troops or Ships of War, in time of Peace, enter into any Agreement or Compact with another State, or with a foreign Power, or Engage in War, unless actually invaded, or in such imminent Danger as will not admit of delay.
ARTICLE II
Section i
1. The Executive Power shall be vested in a President of the United States of America. He shall hold his office during the Term of four Years, and, together with the Vice President, chosen for the same Term, be elected as follows :
2. Each State shall appoint, in such manner as the Legislature thereof may direct, a Number of Electors, equal to the whole Number of Senators and Representa- tives to which the State may be entitled in the Congress : but no Senator or Representative, or Person holding an Office of Trust or Profit under the United States, shall be appointed an Elector.
*The electors shall meet in their respective States, and vote by Ballot for two Persons, of whom one at least shall not be an Inhabitant of the same State with them- selves. And they shall make a List of all the Persons voted for, and of the Number of Votes for each; which List they shall sign and certify, and transmit sealed to the
* See Amendment XII. 31
Seat of Government of the United States, directed to the President of the Senate. The President of the Senate shall, in the Presence of the Senate and House of Repre- sentatives, open all the Certificates, and the Votes shall then be counted. The Person having the greatest number of Votes shall be the President, if such Number be a Majority of the whole Number of Electors appointed; and if there be more than one who have such a Majority, and have an equal Number of Votes, then the House of Representatives shall immediately choose by Ballot one of them for President; and if no Person have a Majority, then from the five highest on the List the said House shall in like Manner choose the President. But in choosing the President, the Votes shall be taken by States, the Rep- resentation from each State having one Vote; A quorum for this Purpose shall consist of a Member or Members from two thirds of the States, and a Majority of all the States shall be necessary to a Choice. In every Case, after the Choice of the President, the Person having the greatest Number of Votes of the Electors shall be the Vice President. But if there should remain two or more who have equal Votes, the Senate shall choose from them by Ballot the Vice President.
3. The Congress may determine the Time of choosing the Electors, and the Day on which they shall give their Votes; which Day shall be the same throughout the United States.
4. No Person except a natural-born Citizen, or a Citi- zen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of Presi- dent; neither shall any Person be eligible to that Office who shall not have attained to the Age of thirty five Years, and been fourteen Years a Resident within the United States.
5. In Case of the Removal of the President from Office, or of his Death, Resignation, or Inability to dis- charge the Powers and Duties of the said Office, the Same shall devolve on the Vice President, and the Congress
32
may by Law provide for the Case of Removal, Death, Resignation, or Inability both of the President and Vice President, declaring what Officer shall then act as Presi- dent, and such Officer shall act accordingly, until the Dis- ability be removed, or a President shall be elected.
6. The President shall, at stated Times, receive for his Services, a Compensation, which shall neither be In- creased nor diminished during the Period for which he shall have been elected, and he shall not receive within that Period any other Emolument from the United States, or any of them.
7. Before he enter on the Execution of his Office he shall take the following Oath or Affirmation: — "I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will, to the best of my Abilit^^ preserve, protect, and defend the Constitution of the United States."
Section 2
1. The President shall be Commander In Chief of the Army and Navy of the United States, and of the Militia of the se"^ceral States, when called into actual Service of the United States; he may require the Opinion, in writing, of the principal Officer in each of the Executive Departments, upon any Subject relating to the Duties of their respective Offices, and he shall have Power to grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment.
2. He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he shall nomi- nate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other Public Minis- ters and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law; but the Congress may by Law vest the Appointment of such inferior Officers, as they think
33
proper, in the President alone, in the Courts of Law, or in the Heads of Departments.
3. The President shall have Power to fill up all Va- cancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session.
Section 3
He shall from time to time give to the Congress In- formation of the State of the Union, and recommend to their Consideration such Measures as he shall judge nec- essary and expedient; he may, on extraordinary Occa- sions, convene both Houses, or either of them, and in Case of Disagreement between them, with Respect to the time of Adjournment, he may adjourn them to such Time as he shall think proper; he shall receive Ambassadors and other public Ministers; he shall take Care that the Laws be faithfully executed, and shall commission all the Officers of the United States.
Section 4
The President, Vice President and all civil Officers of the United States, shall be removed from Office on Im- peachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.
ARTICLE III
Section i
The judicial Power of the United States shall be vested in one supreme Court, and in such inferior Courts as the Congress may, from time to time, ordain and es- tablish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behavior, and shall, at stated Times, receive for their Services a Compensation, which shall not be diminished during their Continuance in Office.
34
Section 2
1. The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority; — to all Cases affecting Ambassadors, other public Ministers and Con- suls;— to all Cases of admiralty and maritime Jurisdic- tion; to Controversies to which the United States shall be a Party; — to Controversies between two or more States; — between a State and Citizens of another State; — be- tween Citizens of different States, — between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens, or Subjects.
2. In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be a Party, the supreme Court shall have original Juris- diction. In all the other Cases before mentioned, the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such regulations as the Congress shall make.
3. The Trial of all Crimes, except in Cases of Im- peachment, shall be by Jury; and such Trial shall be held in the State where the said Crimes shall have been com- mitted; but when not committed within any State, the Trial shall be at such Place or Places as the Congress may by Law have directed.
Section 3
1. Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court.
2. The Congress shall have Power to declare the Pun- ishment of Treason, but no Attainder of Treason shall
35
work Corruption of Blood, or Forfeiture except during the Life of the Person attained.
ARTICLE IV
Section i
Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State. And the Congress may by general Laws prescribe the Manner in which such Acts, Records, and Proceedings shall be proved, and the Effect thereof.
Section 2
1. The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States.
2. A Person charged in any State with Treason, Fel- ony, or other Crime, who shall flee from Justice, and be found in another State, shall on Demand of the executive Authority of the State from which he fled, be delivered up to be removed to the State having Jurisdiction of the Crime.
3. No Person held to Service or Labour in one State, under the Laws thereof, escaping into another, shall, in Consequence of any Law or Regulation therein, be dis- charged from such Service or Labour, but shall be de- livered up on Claim of the Party to whom such Service or Labour may be due.
Section 3
I. New States may be admitted by the Congress into this Union; but no new State shall be formed or erected within the Jurisdiction of any other State; nor any State be formed by the Junction of two or more States, or Parts of States, without the Consent of the Legislatures of the States concerned as well as of the Congress.
36
2. The Congress shall have Power to dispose of and make all needful Rules and Regulations respecting the Territory or other Property belonging to the United States; and nothing in this Constitution shall be so con- strued as to Prejudice any Claims of the United States, or of any particular State.
Section 4
The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion; and on Appli- cation of the Legislature, or of the Executive (when the Legislature cannot be convened) against domestic Violence.
ARTICLE V
The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the Application of the Legislatures of two thirds of the several States, shall call a Conven- tion for proposing Amendments, which, in either Case, shall be valid to all Intents and Purposes, as Part of this Constitution, when ratified by the Legislatures of three fourths of the several States, or by Conventions in three fourths thereof, as the one or the other Mode of Rati- fication may be proposed by the Congress ; Provided that no Amendment which may be made prior to the Year One thousand eight hundred and eight shall in any Manner affect the first and fourth Clauses in the Ninth Section of the first Article; and that no State, without its Consent, shall be deprived of its equal Suffrage in the Senate.
ARTICLE VI
I. All Debts contracted and Engagements entered into, before the Adoption of this Constitution, shall be as
37
valid against the United States under this Constitution, as under the Confederation.
2. This Constitution, and the Laws of the United States which shall be made in pursuance thereof; and all Treaties made, or which shall be made, under the Author- ity of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.
3. The Senators and Representatives before men- tioned, and the Members of the several State Legisla- tures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution; but no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States.
ARTICLE VII
The Ratification of the Conventions of nine States, shall be sufficient for the Establishment of this Consti- tution.between the States so ratifying the same.
Done in Convention by the Unanimous * Consent of the States present the Seven-
teenth Day of September in the Year of our Lord one thousand seven hundred and Eighty seven and of the Independence of the United States of America the Twelfth In irittiess whereof We have hereunto subscribed our Names,
* The word, " the," being interlined between the seventh and eighth Lines of the first Page, The Word "Thirty" being partly written on an Erazure in the fifteenth Line of the first Page, The Words "is tried" being interlined between the thirty second and thirty third Lines of the first Page and the Word "the" being interlined between the forty third and forty fourth Lines of the second Page.
[Note by Department of State: The interlined and rewritten words mentioned in the above explanation are in this edition, printed in their proper places in the text.]
38
G°: WASHINGTON — Pr^5;V/. and Deputy from Virginia.
IS ew Hampshire:
John Langdon Nicholas Gllman
Massachusetts:
Nathaniel Gorham Rufus King
Connecticut:
Wm. Saml. Johnson Roger Sherman
Netv York:
Alexander Hamilton
New Jersey :
Wil : Livingston David Brearley Wm. Patterson Jona : Dayton
Pennsylvania:
B. Franklin Thomas Mifflin Robt. Morris Geo. Clymer Thos. Fitzsimons Jared Ingersoll James Wilson Gouv. Morris
Delaware:
Geo : Read Gunning Bedford jun John Dickinson Richard Bassett Jaco : Broom
Maryland:
James McHenry
Dan of St. Thos. Jenifer
Danl Carroll
Virginia:
John Blair — James Madison Jr.
North Carolina:
Wm: Blount
Richd. Dobbs Spaight
Hu Williamson
South Carolina:
J. Rutledge
Charles Cotesworth Pinckney
Charles Pinckney
Pierce Butler
Georgia:
William Few Abr. Baldwin
Attest William Jackson Secretary.
39
AMENDMENTS
[Articles in Addition to and /Amendment of the Consti- tution of the United States of America, Proposed by Con- gress, and Ratified by the Legislatures of the several States, Pursuant to the Fifth Article of the Original Constitution.'\
ARTICLE I
Congress shall make no \d.\\ respecting an establish- ment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to peti- tion the Government for a redress of grievances.
ARTICLE II
A well-regulated Militia, being necessary to the secur- ity of a free State, the right of the people to keep and bear Arms, shall not be infringed.
ARTICLE III
No soldier shall, in time of peace, be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.
ARTICLE IV
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
40
ARTICLE V
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or in- dictment of a Grand Jury, except in cases arisini^ in the land or naval forces, or in the Militia, when in actual service in time of War or in public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any Criminal Case to be a witness against himself, nor be de- prived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
ARTICLE VI
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously as- certained by law, and to be informed of the nature and cause of the accusation; to be confronted with the wit- nesses against him; to have compulsory process for ob- taining Witnesses inhis favor, and to have the Assistance of Counsel for his defence.
ARTICLE VII
In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.
ARTICLE VIII
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
41
ARTICLE IX
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others re- tained by the people.
ARTICLE X
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are re- served to the States respectively, or to the people.
ARTICLE XI
The Judicial power of the United States shall not be construed to extend to any suit in law or equity, com- menced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State.
ARTICLE XII
The Electors shall meet in their respective states, and vote by ballot for President and Vice President^ one of whom, at least, shall not be an inhabitant of the same state with themselves; they shall name in their ballots the per- son voted for as President, and in distinct ballots the person voted for as Vice President, and they shall make distinct lists of all persons voted for as President, and of all persons voted for as Vice President, and of the num- ber of votes for each, which lists they shall sign and cer- tify, and transmit sealed to the seat of the government of the United States, directed to the President of the Sen- ate;— the President of the Senate shall, in presence of the Senate and House of Representatives, open all the certificates and the votes shall then be counted; — The person having the greatest number of votes for President, shall be the President, if such number be a majority of
42
the whole number of Electors appointed; and If no per- son have such majority, then from the persons having the highest numbers not exceeding three on the list of those voted for as President, the House of Representatives shall choose immediately, by ballot, the President. But In choosing the President, the votes shall be taken by states, the representation from each state having one vote; a quorum for this purpose shall consist of a member or members from two thirds of the states, and a majority of all the states shall be necessary to a choice. And If the House of Representatives shall not choose a President whenever the right of choice shall devolve upon them, be- fore the fourth day of March next following, then the Vice President shall act as President, as in the case of the death or other constitutional disability of the President. The person having the greatest number of votes as Vice President, shall be the Vice President, if such number be a majority of the whole number of Electors appointed, and If no person have a majority, then from the two highest numbers on the list, the Senate shall choose the Vice President; a quorum for the purpose shall consist of two thirds of the whole number of Senators, and a ma- jority of the whole number shall be necessary to a choice. But no person constitutionally ineligible to the office of President shall be eligible to that of Vice President of the United States.
ARTICLE XIII
Section i
Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.
Section 2
Congress shall have power to enforce this article by appropriate legislation.
43
ARTICLE XIV Section i
All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, lib- erty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
Section 2
Representatives shall be apportioned among the sev- eral States according to their respective numbers, count- ing the whole number of persons in each State, excluding Indians not taxed. But when the right to vote at any election for the choice of electors for President and Vice President of the United States, Representatives in Con- gress, the Executive and Judicial officers of a State, or the members of the Legislature thereof, is denied to any of the male inhabitants of such States, being twenty-one years of age, and citizens of the United States, or in any way abridged, except for participation in rebellion, or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty- one years of age in such State.
Section 3
No person shall be a Senator or Representative in Congress, or elector of President and Vice President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the
44
Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.
Section 4
The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing in- surrection or rebellion, shall not be questioned. But neither the United States nor any State shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave; but all such debts, obligations and claims shall be held illegal and void.
Section 5
The Congress shall have power to enforce, by appro- priate legislation, the provisions of this article.
ARTICLE XV
Section i
The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude.
Section 2
The Congress shall have power to enforce this article by appropriate legislation.
ARTICLE XVI
The Congress shall have power to lay and collect taxes on incomes, from whatever source derived, without ap- portionment among the several States and without regard to any census or enumeration.
45
ARTICLE XVII
Section i
The Senate of the United States shall be composed of two Senators from each State, elected by the people thereof, for six years; and each Senator shall have one vote. The electors in each State shall have the qualifi- cations requisite for electors of the most numerous branch of the State legislatures.
Section 2
When vacancies happen in the representation of any State in the Senate, the executive authority of such State shall issue writs of election to fill such vacancies: Pro- vided, That the legislature of any state may empower the executive thereof to make temporary appointments until the people fill the vacancies by election as the legislature may direct.
Section 3
This amendment shall not be construed as to affect the election or term of any Senator chosen before it becomes valid as part of the Constitution.
ARTICLE XVIII
Section i
After one year from the ratification of this article the manufacture, sale, or transportation of intoxicating liquors within, the importation thereof into, or the ex- portation thereof from the United States and all territory subject to the jurisdiction thereof for beverage purposes is hereby prohibited.
Section 2
The Congress and the several States shall have con- current power to enforce this article by appropriate legislation.
46
WASHINGTON'S FAREWELL ADDRESS
[1796]
Washington was the first President of the United States and was re-elected for a second term. Six months before the second term closed, he refused to be a candidate for a third term, and
issued a farewell address, September 19, 1796.
Friends and Fellozv Citizens:
THE period for a new election of a citizen, to ad- minister the executive government of the United States, being not far distant, and the time actu- ally arrived when your thoughts must be em- ployed in designating the person who is to be clothed with that important trust, it appears to me proper, especially as it may conduce to a more distinct expression of the public voice, that I should now apprise you of the resolu- tion I have formed, to decline being considered among the number of those out of whom a choice is to be made.
I beg you, at the same time, to do me the justice to be assured, that this resolution has not been taken without a strict regard to all the considerations appertaining to the relation which binds a dutiful citizen to his country; and that, in withdrawing the tender of service, which silence in my situation might imply, I am influenced by no diminu- tion of zeal for your future interest; no deficiency of grateful respect for your past kindness; but am sup- ported by a full conviction that the step is compatible with both.
The acceptance of, and continuance hitherto in, the office to which your suffrages have twice called me, have been a uniform sacrifice of inclination to the opinion of duty, and to a deference for what appeared to be your desire. I constantly hoped that it would have been much
47
earlier in my power, consistently with motives which I was not at liberty to disregard, to return to that retire- ment from which I had been reluctantly drawn. The strength of my inclination to do this, previous to the last election, had even led to the preparation of an address to declare it to you; but mature reflection on the then per- plexed and critical posture of our affairs with foreign nations, and the unanimous advice of persons entitled to my confidence, impelled me to abandon the idea.
I rejoice that the state of your concerns, external as well as internal, no longer renders the pursuit of incli- nation incompatible with the sentiment of duty or pro- priety; and am persuaded, whatever partiality may be retained for my services, that, in the present circum- stances of our country, you will not disapprove my deter- mination to retire.
The impressions with which I first undertook the ardu- ous trust were explained on the proper occasion. In the discharge of this trust I will only say that I have with good intentions contributed toward the organization and administration of the government the best exertions of which a very fallible judgment was capable. Not uncon- scious in the outset of the inferiority of my qualifications, experience in my own eyes, perhaps still more in the eyes of others, has strengthened the motives to diffidence of myself; and every day the increasing weight of years ad- monishes me more and more that the shade of retirement is as necessary to me as it will be welcome. Satisfied that, if any circumstances have given peculiar value to my serv- ices, they were temporary, I have the consolation to believe that, while choice and prudence invite me to quit the political scene, patriotism does not forbid it.
In looking forward to the moment which is intended to terminate the career of my public life, my feelings do not permit me to suspend the deep acknowledgment of that debt of gratitude which I owe to my belov^ed country for the many honors it has conferred upon me; still more for the steadfast confidence with which it has supported
48
me; and for the opportunities I have thence enjoyed of manifesting my inviolable attachment by services faith- ful and persevering, though in usefulness unequal to my zeal. If benefits have resulted to our country from these services, let it always be remembered to your praise, and as an instructive example in our annals, that under cir- cumstances in which the passions, agitated in every direction, were liable to mislead, amidst appearances sometimes dubious, vicissitudes of fortune often discour- aging, in situations in which not unfrequently want of success has countenanced the spirit of criticism, the con- stancy of your support was the essential prop of the efforts, and a guaranty of the plans by which they were effected. Profoundly penetrated with this idea, I shall carry it with me to my grave, as a strong incitement to unceasing vows that Heaven may continue to you the choicest tokens of its beneficence; that your union and brotherly affection may be perpetual; that the free consti- tution, which is the work of your hands, may be sacredly maintained; that its administration in every department may be stamped with wisdom and virtue; that, in fine, the happiness of the people of these States, under the auspices of liberty, may be made complete, by so careful a preservation and so prudent a use of this blessing, as will acquire to them the glory of recommending it to the applause, the affection, and adoption of every nation which is yet a stranger to it.
Here, perhaps, I ought to stop. But a solicitude for your welfare, which cannot end but with my life, and the apprehension of danger natural to that solicitude, urge me, on an occasion like the present, to offer to your solemn contemplation, and to recommend to your fre- quent review, some sentiments, which are the result of much reflection, of no inconsiderable observation, and which appear to me all-important to the permanency of your felicity as a people. These will be offered to you with the more freedom, as you can only see in them the disinterested warnings of a parting friend, who can
49
possibly have no personal motive to bias his counsel. Nor can I forget, as an encouragement to it, your in- dulgent reception of my sentiments on a former and not dissimilar occasion.
Interwoven as is the love of liberty with every liga- ment of your hearts, no recommendation of mine is neces- sary to fortify or confirm the attachment.
The unity of government, which constitutes vou one people, is also now dear to you. It is justly so; for it is a main pillar in the edifice of your real independence, the support of your tranquillity at home, your peace abroad; of your safety; of your prosperity in every shape; of that very liberty which you so highly prize. But as It is easy to foresee that from different causes and from different quar- ters much pains will be taken, many artifices employed, to weaken in your minds the conviction of this truth; as this is the point in your political fortress against which the batteries of internal and external enemies will be most constantly and actively (though, often covertly and insidi- ously) directed, it is of infinite moment that you should properly estimate the immense value of your national union to your collective and individual happiness; that you should cherish a cordial, habitual, and immovable at- tachment to it; accustoming yourselves to think and speak of it as of the palladium of your political safety and pros- perity; watching for Its preservation with jealous anxiety; discountenancing whatever may suggest even a suspicion that it can in any event be abandoned; and indignantly frowning upon the first dawning of every attempt to alienate any portion of our country from the rest, or to enfeeble the sacred ties which now link together the various parts.
For this you have every inducement of sympathy and interest. Citizens, by birth or choice, of a common coun- try, that country has a right to concentrate your affec- tions. The name of American, which belongs to you, in your national capacity, must always exalt the just pride of patriotism, more than any appellation derived from
50
local discriminations. With slight shades of difference, you have the same religion, manners, habits, and political principles. You have in a common cause fought and tri- umphed together; the independence and liberty you pos- sess are the work of joint counsels and joint efforts, of common dangers, sufferings and successes.
But these considerations, however powerfully they address themselves to your sensibility, are greatly out- weighed by those which apply more immediately to your interest. Here ever)^ portion of our country finds the most commanding motives for carefully guarding and preserving the union of the whole.
The North, in an unrestrained intercourse with the South, protected by the equal laws of a common govern- ment, finds in the productions of the latter great addi- tional resources of maritime and commercial enterprise and precious materials of manufacturing industry. The South in the same intercourse, benefiting by the agency of the North, sees its agriculture grow and its commerce expand. Turning partly into its own channels the seamen of the North, it finds its particular navigation invigor- ated; and, while it contributes in different ways to nourish and increase the general mass of the national navigation, it looks forward to the protection of a maritime strength, to which itself is unequally adapted. The East, in a like intercourse with the West, already finds, and in the pro- gressive improvement of interior communications by land and water will more and more find, a valuable vent for the commodities which it brings from abroad, or manu- factures at home. The West derives from the East sup- plies requisite to its growth and comfort, and, what is perhaps of still greater consequence, it must of necessity owe the secure enjoyment of indispensable outlets for its own productions to the weight, influence, and the future maritime strength of the Atlantic side of the Union, directed by an indissoluble community of interest as one nation. Any other tenure by which the West can hold this essential advantage, whether derived from its own
51
separate strength or from an apostate and unnatural con- nection with any foreign power, must be intrinsically precarious.
While, then, every part of our country thus feels an im.- mediate and particular interest in union, all the parts com- bined in the united mass of means and efforts cannot fail to find greater strength, greater resource, proportionably greater security from external danger, a less frequent interruption of their peace by foreign nations, and, what is of inestimable value, they must derive from union an exemption from those broils and wars between them- selves, which so frequently afflict neighboring countries not tied together by the same governments, which their own rivalships alone would be sufficient to produce, but which opposite foreign alliances, attachments, and in- trigues would stimulate and embitter. Hence, likewise, they will avoid the necessity of those overgrown military establishments which, under any form of government, are Inauspicious to liberty, and which are to be regarded as particularly hostile to republican liberty. In this sense It Is that your union ought to be considered as a main prop of your liberty, and that the love of the one ought to endear to you the preservation of the other.
These considerations speak a persuasive language to every reflecting and virtuous mind, and exhibit the con- tinuance of the Union as a primary object of patriotic desire. Is there a doubt whether a common government can embrace so large a sphere? Let experience solve it. To listen to mere speculation In such a case were criminal. We are authorized to hope that a proper organization of the whole, with the auxiliary agency of governments for the respective subdivisions, will afford a happy issue to the experiment. It is well worth a fair and full experi- ment. With such powerful and obvious motives to union, affecting all parts of our country, while experience shall not have demonstrated Its impracticability, there will al- ways be reason to distrust the patriotism of those who in any quarter may endeavor to weaken its bands.
52
In contemplating the causes which may disturb our Union, it occurs as matter of serious concern, that any ground should have been furnished for characterizing parties by geographical discriminations Northern and Southern, Atlantic and Western; whence designing men may endeavor to excite a belief that there is a real differ- ence of local interests and views. One of the expedients of party to acquire influence, within particular districts, is to misrepresent the opinions and aims of other districts. You cannot shield yourselves too much against the jeal- ousies and heart-burnings which spring from these mis- representations; they tend to render alien to each other those who ought to be bound together by fraternal affec- tion. The inhabitants of our western country have lately had a useful lesson on this head; they have seen, in the negotiation by the executive, and in the unanimous rati- fication by the senate, of the treaty with Spain, and in the universal satisfaction at that event throughout the United States, a decisive proof how unfounded were the suspi- cions propagated among them of a policy in the general government and in the Atlantic States unfriendly to their interests in regard to the Mississippi; they have been wit- nesses to the formation of two treaties, that with Great Britain and that with Spain, which secure to them every- thing they could desire, in respect to our foreign relations, towards confirming their prosperity. Will it not be their wisdom to rely for the preservation of these advantages on the Union by which they were procured? Will they not henceforth be deaf to those advisers, if such there are, who would sever them from their brethren and connect them with aliens?
To the efl^icacy and permanency of your union, a gov- ernment for the whole is indispensable. No alliances, however strict, between the parts can be an adequate sub- stitute; they must inevitably experience the infractions and interruptions which all alliances in all times have experienced. Sensible of this momentous truth, you have improved upon your first essay, by the adoption of a
S3
constitution of government better calculated than your former for an intimate union, and for the efficacious man- agement of your common concerns. This government, the offspring of our own choice, uninfluenced and unawed, adopted upon full investigation and mature deliberation, completely free in its principles, in the distribution of its powers, uniting security with energy, and containing within itself a provision for its own amendment, has a just claim to your confidence and your support. Respect for its authority, compliance with its laws, acquiescence in its measures, are duties enjoined by the fundamental maxims of true Liberty. The basis of our political sys- tems is the right of the people to make and to alter their constitutions of government. But the constitution which at any time exists, till changed by an explicit and authen- tic act of the whole people, is sacredly obligatory upon all. The very idea of the power and the right of the people to establish government presupposes the duty of every in- dividual to obey the established government.
All obstructions to the execution of the laws, all com- binations and associations, under whatever plausible char- acter, with the real design to direct, control, counteract, or awe the regular deliberation and action of the consti- tuted authorities, are destructive of this fundamental prin- ciple, and of fatal tendency. They serve to organize fac- tion, to give it an artificial and extraordinary force; to put in the place of the delegated will of the nation, the will of a party, often a small but artful and enterprising minority of the community; and, according to the alter- nate triumphs of different parties, to make the public ad- ministration the mirror of the ill-concerted and incon- gruous projects of fashion, rather than the organ of consistent and wholesome plans digested by common councils, and modified by mutual interests.
However combinations or associations of the above description may now and then answer popular ends, they are likely, in the course of time and things, to be- come potent engines, by which cunning, ambitious, and
54
unprincipled men will be enabled to subvert the power of the people, and to usurp for themselves the reins of government; destroying afterwards the very engines which have lifted them to unjust dominion.
Towards the preservation of your government, and the permanency of your present happy state, it is requi- site, not only that you steadily discountenance irregular oppositions to its acknowledged authority, but also that you resist with care the spirit of innovation upon its prin- ciples, however specious the pretexts. One method of assault may be to effect, in the forms of the constitution, alterations, which will impair the energy of the system, and thus to undermine what cannot be directly over- thrown. In all the changes to which you may be invited, remember that time and habit are at least as necessary to fix the true character of governments as of other human institutions; that experience is the surest standard by which to test the real tendency of the existing constitution of a country; that facility in changes, upon the credit of mere hypothesis and opinion, exposes to perpetual change, from the endless variety of hypothesis and opinion; and remember, especially, that, for the efficient manage- ment of your common interests, in a country so extensive as ours, a government of as much vigor as is consist- ent with the perfect security of liberty is indispensable. Liberty itself will find in such a government, with powers "properly distributee! and adjusted, its surest guardian. It is, indeed, little else than a name, where the government is too feeble to withstand the enterprise of faction, to confine each member of the society within the limits pre- scribed by the laws, and to maintam all in the secure and tranquil enjoyment of the rights of person and property.
I have already intimated to you the danger of parties in the State, with particular reference to the founding of them on geographical discrimination. Let me now take a more comprehensive view, and warn you in the most solemn manner against the baneful effects of the spirit of party, generally.
5S
This spirit, unfortunately, is inseparable from our na- ture, having its root in the strongest passions of the human mind. It exists under different shapes in all gov- ernments, more or less stifled, controlled, or repressed; but in those of the popular form it is seen in its greatest rankness, and is truly their worst enemy.
The alternate domination of one faction over another, sharpened by the spirit of revenge, natural to party dis- sension, which in different ages and countries has perpe- trated the most horrid enormities, is itself a frightful des- potism. But this leads at length to a more formal and permanent despotism. The disorders and miseries which result, gradually incline the minds of men to seek security and repose in the absolute power of an individual; and sooner or later the chief of some prevailing faction, more able or more fortunate than his competitors, turns this disposition to the purposes of his own elevation, on the ruins of public liberty.
Without looking forward to an extremity of this kind (which nevertheless ought not to be entirely out of sight) , the common and continual mischiefs of the spirit of party are sufficient to make it the interest and duty of a wise people to discourage and restrain it.
It serves always to distract the public councils, and en- feeble the public administration. It agitates the com- munity with ill-founded jealousies and false alarms; kindles the animosity of one part against another, fo-- ments occasionally riot and insurrection. It opens the door to foreign influence and corruption, which find a facilitated access to the government itself through the channels of party passions. Thus the policy and the will of one country are subjected to the policy and will of another.
There is an opinion, that parties in free countries are useful checks upon the administration of the gov^ernment, and serve to keep alive the spirit of liberty. This within certain limits is probably true, and in governments of a monarchical cast, patriotism may look with indulgence,
56
if not with favor, upon the spirit of party. But in those of the popular character, in governments purely elective, it is a spirit not to be encouraged. From their natural tendency, it is certain there will always be enough of that spirit for every salutary purpose. And there being con- stant danger of excess, the effort ought to be, by force of public opinion to mitigate and assuage it. A fire not to be quenched, it demands a uniform vigilance to prevent its bursting into a flame, lest, instead of warming, it should consume.
It is important, likewise, that the habits of thinking in a free country should inspire caution, in those intrusted with its administration, to confine themselves within their respective constitutional spheres, avoiding in the exercise of the powers of one department to encroach upon an- other. The spirit of encroachment tends to consolidate the powers of all the departments in one, and thus to create, whatever the form of government, a real despot- ism. A just estimate of that love of power, and prone- ness to abuse it, which predominates in the human heart, is sufficient to satisfy us of the truth of this position. The necessity of reciprocal checks in the exercise of political power, by dividing and distributing it into different de- positories, and constituting each the guardian of the pub- lic weal against invasions by the others, has been evinced by experiments ancient and modern, some of them in our country and under our own eyes. To preserve them must be as necessary as to institute them. If, in the opin- ion of the people, the distribution or modification of the constitutional powers be in any particular wrong, let it be corrected by an amendment in the way which the Con- stitution designates. But let there be no change by usur- pation; for, though this, in one instance, may be the instrument of good, it is the customary weapon by which free governments are destroyed. The precedent must always greatly overbalance in permanent evil any partial or transient benefit which the use can at any time yield.
Of all the dispositions and habits which lead to
57
political prosperity, religion and morality are indis- pensable supports. In vain would that man claim the tribute of patriotism, who should labor to subvert these great pillars of human happiness, these firmest props of the duties of men and citizens. The mere politician equally with the pious man ought to respect and to cherish them. A volume could not trace all their connections with private and public felicity. Let it simply be asked. Where is the security for property, for reputation, for life, if the sense of religious obligation desert the oaths, which are the instruments of investigation in courts of justice? And let us with caution indulge the supposition, that morality can be maintained without religion. Whatever may be conceded to the influence of refined education on minds of peculiar structure, reason and experience both forbid us to expect, that national morality can prevail in exclusion of religious principle.
It is substantially true that virtue or morality is a neces- sary spring of popular government. The rule, indeed, extends with more or less force to every species of free government. Who, that is a sincere friend to it, can look with indifference upon attempts to shake the foundation of the fabric?
Promote, then, as an object of primary importance, institutions for the general diffusion of knowledge. In proportion as the structure of a government gives force to public opinion, it is esential that public opinion should be enlightened.
As a very important source of strength and security, cherish public credit. One method of preserving it is, to use it as sparingly as possible; avoiding occasions of expense by cultivating peace, but remembering also that timely disbursements to prepare for danger frequently prevent much greater disbursements to repel it; avoiding likewise the accumulation of debt, not only by shunning occasions of expense, but by vigorous exertions in time of peace to discharge the debts, which unavoidable wars may have occasioned, not ungenerously throwing upon
58
posterity the burden which we ourselves ought to bear. The execution of these maxims belongs to your represen- tatives, but it is necessary that public opinion should co- operate. To facilitate to them the performance of their duty it is essential that you should practically bear in mind, that towards the payment of debts there must be revenue; that to have revenue there must be taxes; that no taxes can be devised which are not more or less in- convenient and unpleasant; that the intrinsic embarrass- ment, inseparable from the selection of the proper objects (which is always a choice of difficulties), ought to be a decisive motive for a candid construction of the conduct of the government in making it, and for a spirit of ac- quiescence in the measures for obtaining revenue which the public exigencies may at any time dictate.
Observe good faith and justice towards all nations; cultivate peace and harmony with all. Religion and morality enjoin this conduct; and can it be, that good policy does not equally enjoin It? It will be worthy of a free, enlightened, and at no distant period a great nation, to give to mankind the magnanimous and too novel example of a people always guided by an exalted justice and benevolence. Who can doubt that in the course of time and things, the fruits of such a plan would richlv repay any temporary advantages, which might be lost by a steady adherence to it? Can It be that Providence has not connected the permanent felicity of a nation with its virtue? The experiment, at least, Is recommended by every sentiment which ennobles human nature. Alas ! is It rendered Impossible by its vices?
In the execution of such a plan, nothing Is more essen- tial than that permanent, inveterate antipathies against particular nations, and passionate attachments for others, should be excluded; and that, in place of them, just and amicable feelings towards all should be cultivated. The nation which indulges towards another an habitual hatred, or an habitual fondness, is in some degree a slave. It is a slave to Its animosity or to its affection,
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either of which is sufficient to lead it astray from its duty and its interest. Antipathy in one nation against another disposes each more readily to offer insult and injury, to lay hold of slight causes of umbrage, and to be haughty and intractable when accidental or trifling occasions of dispute occur. Hence, frequent collisions, obstinate, en- venomed, and bloody contests. The nation, prompted by ill-will and resentment, sometimes impels to war the government, contrary to the best calculations of policy. The government sometimes participates in the national propensity, and adopts through passion what reason would reject; at other times, it makes the animosity of the nation subservient to projects of hostility instigated by pride, ambition, and other sinister and pernicious mo- tives. The peace often, sometimes perhaps the liberty, of nations has been the victim.
So likewise a passionate attachment of one nation for another produces a variety of evils. Sympathy for the favorite nation, facilitating the illusion of an imaginary common interest in cases where no real common Interest exists, and infusing into one the enmities of the other, betrays the former into a participation in the quarrels and wars of the latter, without adequate inducement or justification. It leads also to concessions to the favorite nation of privileges denied to others, which is apt doubly to injure the nation making the concessions, by unneces- sarily parting with what ought to have been retained, and by exciting jealousy, ill-will, and a disposition to retaliate, in the parties from whom equal privileges are withheld. And it gives to ambitious, corrupted, or deluded citizens (who devote themselves to the favorite nation), facility to betray or sacrifice the interests of their own country, without odium, sometimes even with popularity; gilding with the appearances of a virtuous sense of obligation, a commendable deference for public opinion, or a laudable zeal for public good, the base or foolish compliances of ambition, corruption, or infatuation.
As avenues to foreign influence in innumerable ways
60
such attachments are particularly alarming to the truly enlightened and independent patriot. How many oppor- tunities do they afford to tamper with domestic factions, to practise the arts of seduction, to mislead public opinion, to influence or awe the public councils! Such an attach- ment of a small or weak, towards a great and powerful nation, dooms the former to be the satellite of the latter.
Against the insidious wiles of foreign influence (I con- jure you to believe me, fellow-citizens), the jealousy of a free people ought to be constantly awake, since history and experience prove that foreign influence is one of the most baneful foes of republican government. But that jealousy, to be useful, must be impartial; else it becomes the instrument of the very influence to be avoided, in- stead of a defence against it. Excessive partiality for one foreign nation, and excessive dislike of another, cause those whom they actuate to see danger only on one side, and serve to veil and even second the arts of influence on the other. Real patriots who may resist the intrigues of the favorite, are liable to become suspected and odious; while its tools and dupes usurp the applause and confi- dence of the people, to surrender their interests.
The great rule of conduct for us, in regard to foreign nations, is, in extending our commercial relations, to have with them as little political connection as possible. So far as we have already formed engagements, let them be fulfilled with perfect good faith. Here let us stop.
Europe has a set of primary interests, which to us have none, or a very remote relation. Hence she must be engaged in frequent controversies, the causes of which are essentially foreign to our concerns. Hence, there- fore, it must be unwise in us to implicate ourselves, by artificial ties, in the ordinary vicissitudes of her .politics, or the ordinary combinations and collisions of her friend- ships or enmities.
Our detached and distant situation invites and enables us to pursue a different course. If we remain one people, under an efficient government, the period is not far off
6i
when we may defy material injury from external annoy- ance ; when we may take such an attitude as will cause the neutrality, we may at any time resolve upon, to be scrupu- lously respected; when belligerent nations, under the impossibility of making acquisitions upon us, will not lightly hazard the giving us provocation; when we may choose peace or war, as our interest, guided by our justice, shall counsel.
Why forego the advantages of so peculiar a situation? Why quit our own to stand upon foreign ground? Why, by interweaving our destiny with that of any part of Europe, entangle our peace and prosperity in the toils of European ambition, rivalship, interest, humor, or caprice?
It is our true policy to steer clear of permanent al- liances with any portion of the foreign world; so far, I mean, as we are now at liberty to do it; for let me not be understood as capable of patronizing infidelity to ex- isting engagements. I hold the maxim no less applicable to public than to private affairs, that honesty is always the best policy. I repeat it, therefore, let those engage- ments be observed in their genuine sense. But, in my opinion, it is unnecessary and would be unwise to extend them.
Taking care always to keep ourselves, by suitable es- tablishments, on a respectable defensive posture, we may safely trust to temporary alliances for extraordinary emergencies.
Harmony, liberal intercourse with all nations, are rec- ommended by policy, humanity, and interest. But even our commercial policy should hold an equal and impartial hand; neither seeking nor granting exclusive favors or preferences; consulting the natural course of things; dif- fusing and diversifying by gentle means the streams of commerce, but forcing nothing; establishing with powers so disposed, in order to give trade a stable course, to define the rights of our merchants, and to enable the gov- ernment to support them, conventional rules of inter- course, the best that present circumstances and mutual
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opinion will permit, but temporary, and liable to be from time to time abandoned or varied, as experience and cir- cumstances shall dictate; constantly keeping in view, that it is folly in one nation to look for disinterested favors from another; that it must pay with a portion of its inde- pendence for whatever it may accept under that charac- ter; that, by such acceptance, it may place itself in the condition of having given equivalents for nominal favors, and yet of being reproached with ingratitude for not giving more. There can be no greater error than to ex- pect or calculate upon real favors from nation to nation. It is an illusion, which experience must cure, which a just pride ought to discard.
In offering to you, my countrymen, these counsels of an old and affectionate friend, I dare not hope they will make the strong and lasting impression I could wish; that they will control the usual current of the passions, or prevent our nation from running the course which has hitherto marked the destiny of nations. But, if I may even flatter myself that they may be productive of some partial benefit, some occasional good; that they may now and then recur to moderate the fury of party spirit, to warn against the mischiefs of foreign intrigue, to guard against the impostures of pretended patriotism; this hope will be a full recompense for the solicitude for your wel- fare, by which they have been dictated.
How far in the discharge of my official duties I have been guided by the principles which have been delineated, the public records and other evidences of my conduct must witness to you and to the world. To myself, the assurance of my own conscience is, that I have at least believed myself to be guided by them.
In relation to the still subsisting war in Europe, my proclamation of the 22d of April, 1793, is the index to my plan. Sanctioned by your approving voice, and by that of your Representatives in both Houses of Congress, the spirit of that measure has continually governed me, uninfluenced by any attempts to deter or divert me from it.
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After deliberate examination, with the aid of the best lights I could obtain, I was well satisfied that our country, under all the circumstances of the case, had a right to take, and was bound in duty and interest to take, a neu- tral position. Having taken it, I determined, as far as should depend upon me, to maintain it, with moderation, perseverance, and firmness.
The considerations which respect the right to hold this conduct, it is not necessary on this occasion to detail. I will only observe, that, according to my understanding of the matter, that right, so far from being denied by any of the belligerent powers, has been virtually admitted by all.
The duty of holding a neutral conduct may be inferred, without anything more, from the obligation which justice and humanity impose on every nation, in cases in which it is free to act, to maintain inviolate the relations of peace and amity towards other nations.
The inducements of interest for observing that conduct will best be referred to your own reflections and experi- ence. With me a predominant motive has been to en- deavor to gain time to our country to settle and mature its yet recent institutions, and to progress without inter- ruption to that degree of strength and consistency which is necessary to give it, humanly speaking, the command of its own fortunes.
Though, in reviewing the incidents of my administra- tion, 1 am unconscious of intentional error, I am never- theless too sensible of my defects not to think it probable that I may have committed many errors. Whatever they may be, I fervently beseech the Almighty to avert or mitigate the evils to which they may tend. I shall also carry with me the hope that my country will never cease to view them with indulgence; and that, after forty-five years of my life dedicated to its service with an upright zeal, the faults of incompetent abilities will be consigned to oblivion, as myself must soon be to the mansions of rest.
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Relying on its kindness in this as in other things, and actuated by that fervent love towards it, which is so natu- ral to a man who views in it the native soil of himself and his progenitors for several generations, I anticipate with pleasing expectation that retreat, in which I promise myself to realize, without alloy, the sweet enjoyment of partaking, in the midst of my fellow-citizens, the benign influence of good laws under a free government, the ever favorite object of my heart, and the happy reward, as I trust, of our mutual cares, labors, and dangers.
George Washington.
September 17, 1796.
6s
THE MONROE DOCTRINE
[■823]
A statement by President Monroe included in his message to Congress in 1823. It defines the policy of the United States not to interfere in the internal concerns of the countries of Europe and to regard an attempt on their part to extend their system to any portion of this hemisphere as dangerous to our peace and safety.
^ T the proposal of the Russian Imperial govern- /^k merit made through the minister of the Em- r ^ peror residing here a full power and instruc- -^ ^- tions have been transmitted to the Minister of the United States at St. Petersburgh, to arrange by ami- cable negotiation, the respective rights and interests of the two nations on the northwest coast of this continent. A similar proposal has been made by his Imperial Majesty to the government of Great Britain, which has likewise been acceded to. The government of the United States has been desirous, by this friendly proceeding, of manifesting the great value which they have invariably attached to the friendship of the emperor, and their solicitude to cultivate the best understanding with his gov^ernment. In the discussions to which this Interest has given rise, and in the arrangements by which they may terminate, the occasion has been judged proper for asserting, as a principle in which the rights and Interests of the United States are involved, that the American continents, by the free and Independent condition which they have as- sumed and maintain, are henceforth not to be consid- ered as subjects for future colonization by any European powers.
It was stated at the commencement of the last ses- sion, that a great effort was then making In Spain and
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Portugal to improve the condition of the people of those countries, and that it appeared to be conducted with ex- traordinary moderation. It need scarcely be remarked, that the result has been, so far, very different from what was then anticipated. Of events in that quarter of the globe, with which we have so much intercourse, and from which we derive our origin, we have always been anxious and interested spectators. The citizens of the United States cherish sentiments the most friendly, in favor of the liberty and happiness of their fellow men on that side of the Atlantic. In the wars of the European powers, in matters relating to themselves, we have never taken any part, nor does it comport with our policy so to do. It is only when our rights are invaded, or seriously menaced, that we resent injuries, or make preparation for our defence. With the movements in this hemisphere, we are, of necessity, more immediately connected, and by causes which must be obvious to all enlightened and im- partial observers. The political system of the allied powers is essentially different, in this respect, from that of America. This difference proceeds from that which exists in their respective governments. And to the defence of our own, which has been achieved by the loss of so much blood and treasure, and matured by the wis- dom of their most enlightened citizens, and under which we have enjoyed unexampled felicity, this whole nation is devoted. We owe it, therefore, to candor, and to the amicable relations existing between the United States and those powers, to declare, that we should consider any attempt on their part to extend their system to any por- tion of this hemisphere, as dangerous to our peace and safety. With the existing colonies or dependencies of any European power, we have not interfered, and shall not interfere. But with the governments who have declared their independence, and maintained it, and whose inde- pendence we have, on great consideration, and on just principles, acknowledged, we could not view any in- terposition for the purpose of suppressing them, or
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controlling, in any other manner, their destiny, by any European power, in any other light than as the manifes- tation of an unfriendly disposition towards the United States. In the war between those new governments and Spain, we declared our neutrality at the time of their recognition, and to this we have adhered, and shall con- tinue to adhere, provided no change shall occur, which, in the judgment of the competent authorities of this gov- ernment, shall make a corresponding change, on the part of the United States, indispensable to their security.
The late events in Spain and Portugal, show that Europe is still unsettled. Of this important fact, no stronger proof can be adduced than that the allied powers should have thought it proper, on any principle satisfac- tory to themselves, to have interposed, by force, in the internal concerns of Spain. To what extent such inter- position may be carried, on the same principle, is a ques- tion, to which all independent powers, whose governments differ from theirs, are interested; even those most remote, and surely none more so than the United States. Our policy, in regard to Europe, which was adopted at an early stage of the wars which have so long agitated that quarter of the globe, nevertheless remains the same, which is, not to interfere in the internal concerns of any of its powers; to consider the government de facto as the legitimate government for us ; to cultivate friendly rela- tions with it, and to preserve those relations by a frank, firm, and manly policy; meeting, in all instances, the just claims of every power; submitting to injuries from none. But, in regard to these continents, circumstances are emi- nently and conspicuously different. It is impossible that the allied powers should extend their political system to any portion of either continent, without endangering our peace and happiness; nor can any one believe that our Southern Brethren, if left to themselves, would adopt it of their own accord. It is equally impossible, therefore, that we should behold such interposition, in any form, with indifference. If we look to the comparative strength
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and resources of Spain and those new governments, and their distance from each other, it must be obvious that she can never subdue them. It is still the true policy of the United States to leave the parties to themselves, in the hope that other powers will pursue the same course.
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WEBSTER'S SECOND REPLY TO HAYNE
[■830]
Probably never have debates in Congress aroused so much pub- lic interest as those between Calhoun, Hayne, and Webster over the interpretation of the United States Constitution. The issue was whether or not a state could be compelled to accept an act of Congress which it considered unconstitutional — whether or not it should have the right to secede from the Union.
Daniel Webster, who represented the Northern states, in his second reply to Robert Young Hayne, made a speech in defence of the integrity of the Union. This speech — extracts of which fol- low— had great influence in determining the stand taken by the North in resisting secession by the South in 1861. The speech was delivered January 26, 1830.
. , . There yet remains to be performed, Mr. Presi- dent, by far the most grave and important duty which I feel to be devolved on me by this occasion. It is to state and to defend what I conceive to be the true prin- ciples of the Constitution under which we are here as- sembled. . . .
I understand the honorable gentlemen from South Carolina to maintain that it is a right of the State legis- latures to interfere whenever, in their judgment, this gov- ernment transcends its constitutional limits, and to arrest the operation of its laws.
I understand him to maintain this right as a right ex- isting under the Constitution, not as a right to overthrow it on the ground of extreme necessity, such as would jus- tify violent revolution.
I understand him to maintain an authority, on the part of the States, thus to interfere for the purpose of cor- recting the exercise of power by the general government, of checking it, and of compelling it to conform to their opinion of the extent of its powers.
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I understand him to maintain that the ultimate power of judging of the constitutional extent of Its own author- ity is not lodged exclusively in the general government or any branch of it; but that, on the contrary, the States may lawfully decide for themselves, and each State for Itself, whether, in a given case, the act of the general govern- ment transcends Its power.
I understand him to insist that, if the exigency of the case, in the opinion of any State government, require It, such State government may, by its own sovereign author- ity, annul an act of the general government which it deems plainly and palpably unconstitutional.
This Is the sum of what I understand from him to be the South Carolina doctrine, and the doctrine which he maintains. I propose to consider It, and compare it with the Constitution. . . .
. . . What he contends for is, that It Is constitutional to interrupt the administration of the Constitution Itself, In the hands of those who are chosen and sworn to ad- minister it, by the direct interference, in form of law, of the States, in virtue of their sovereign capacity.
The Inherent right In the people to reform their gov- ernment I do not deny; and they have another right, and that Is, to resist unconstitutional laws without overturning the government. It Is no doctrine of mine that uncon- stitutional laws bind the people. The great question Is, Whose prerogative is it to decide on the constitutionality or unconstitutionality of the laws? On that, the main debate hinges.
The proposition that, in case of a supposed violation of the Constitution by Congress, the States have a con- stitutional right to Interfere and annul the law of Con- gress, is the proposition of the gentleman. I do not ad- mit It. If the gentleman had intended no more than to assert the right of revolution for justifiable cause, he would have said only what all agree to. But I can- not conceive that there can be a middle course be- tween submission to the laws, when regularly pronounced
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constitutional, on the one hand, and open resistance, which is revolution or rebellion, on the other. I say the right of a State to annul a law of Congress cannot be maintained but on the ground of the inalienable right of man to resist oppression; that is to say, upon the ground of revolution. I admit that there is an ultimate violent remedy, above the Constitution and in defiance of the Constitution, which may be resorted to when a revolution is to be justified. But I do not admit that, under the Constitution and in conformity with it, there is any mode in which a State government, as a member of the Union, can interfere and stop the progress of the general government by force of her own laws, under any circumstances whatever.
This leads us to inquire into the origin of this gov- ernment and the source of its power. Whose agent is it? Is it the creature of the State legislatures, or the creature of the people? If the government of the United States be the agent of the State governments, then they may control it, provided they can agree in the manner of con- trolling it; if it be the agent of the people, then the people alone can control it, restrain it, modify or reform it. It is observable enough that the doctrine for which the honorable gentleman contends leads him to the necessity of maintaining not only that this general government is the creature of the States, but that it is the creature of each of the States severally, so that each may assert the power for itself of determining whether it acts within the limits of its authority. It is the servant of four-and- twenty masters, of different wills and different purposes, and yet bound to obey all. This absurdity (for it seems no less) arises from a misconception as to the origin of this government and its true character. It is, sir, the people's Constitution, the people's government, made for the people, made by the people, and answerable to the people. The people of the United States have declared that this Constitution shall be the supreme law. We must either admit the proposition or dispute their author- ity. The States are unquestionably sovereign, so far as
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their sovereignty is not affected by this supreme law. But the State legislatures, as political bodies, however sover- eign, are yet not sovereign over the people. So far as the people have given power to the general government, so far the grant is unquestionably good, and the govern- ment holds of the people, and not of the State govern- ments. We are all agents of the same supreme power, the people. The general government and the State gov- ernments derive their authority from the same source. Neither can, in relation to the other, be called primary, though one is definite and restricted, and the other gen- eral and residuary. The national government possesses those powers which it can be shown the people have con- ferred on it, and no more. All the rest belongs to the State governments, or to the people themselves. So far as the people have restrained State sovereignty, by the expression of their will, in the Constitution of the United States, so far, it must be admitted, State sovereignty is effectually controlled. I do not contend that it is, or ought to be, controlled farther. The sentiment to which I have referred propounds that State sovereignty is only to be controlled by its own "feeling of justice;" that is to say, it is not to be controlled at all, for one who is to follow his own feelings Is under no legal control. Now, however men may think this ought to be, the fact Is that the people of the United States have chosen to impose control on State sovereignties. There are those, doubt- less, who wish they had been left without restraint; but the Constitution has ordered the matter differently. To make war, for Instance, is an exercise of sovereignty; but the Constitution declares that no State shall make war. To coin money Is another exercise of sovereign power; but no State is at liberty to coin money. Again, the Con- stitution says that no sovereign State shall be so sover- eign as to make a treaty. These prohibitions, it must be confessed, are a control on the State sovereignty of South Carolina, as well as of the other States, which does not arise " from her own feelings of honorable justice." The
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opinion referred to, therefore, is in defiance of the plain- est provisions of the Constitution. . . .
It so happens that, at the very moment when South Carolina resolves that the tariff laws are unconstitutional, Pennsylvania and Kentucky resolve exactly the reverse. They hold those laws to be both highly proper and strictly constitutional. And now, sir, how does the honor- able member propose to deal with this case? How does he relieve us from this difficulty upon any principle of his? His construction gets us into it; how does he pro- pose to get us out?
In Carolina the tariff is a palpable, deliberate usurpa- tion; Carolina, therefore, may nullify it and refuse to pay the duties. In Pennsylvania it is both clearly consti- tutional and highly expedient, and there the duties are to be paid. And yet we live under a government of uniform laws, and under a Constitution, too, which contains an express provision, as it happens, that all duties shall be equal in all the States. Does not this approach absurdity?
If there be no power to settle such questions, independ- ent of either of the States, is not the whole Union a rope of sand? Are we not thrown back again, precisely, upon the old Confederation?
It is too plain to be argued. Four-and-twenty inter- preters of constitutional law, each with a power to decide for itself, and none with authority to bind anybody else, and this constitutional law the only bond of their union! What is such a state of things but a mere connection dur- ing pleasure, or, to use the phraseology of the times, dur- ing feeling? And that feeling, too, not the feeling of the people who established the Constitution, but the feeling of the State governments. . . .
I must now beg to ask, sir. Whence is this supposed right of the States derived? Where do they find the power to interfere with the laws of the Union? Sir, the opinion which the honorable gentleman maintains is a notion founded in a total misapprehension, in my judg- ment, of the origin of this government, and of the
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foundation on which it stands. I hold it to be a popular government, erected by the people; those who administer it responsible to the people; and itself capable of being amended and modified, just as the people may choose it should be. It is as popular, just as truly emanating from the people, as the State governments. It is created for one purpose; the State governments for another. It has its own powers; they have theirs. There is no more authority with them to arrest the operation of a law of Congress than with Congress to arrest the operation of their laws. We are here to administer a Constitution emanating immediately from the people, and trusted by them to our administration. It is not the creature of the State governments. It is of no moment to the argu- ment that certain acts of the State legislatures are neces- sary to fill our seats in this body. That is not one of their original State powers, a part of the sovereignty of the State. It is a duty which the people, by the Constitu- tion itself, have imposed on the State legislatures, and which they might have left to be performed elsewhere, if they had seen fit. So they have left the choice of Presi- dent with electors ; but all this does not affect the propo- sition that this whole government — President, Senate, and House of Representatives — is a popular govern- ment. It leaves it still all its popular character. The governor of a State (in some of the States) is chosen, not directly by the people, but by tiiose who are chosen by the people for the purpose of performing, among other duties, that of electing a governor. Is the government of the State, on that account, not a popular government? This government, sir, is the independent offspring of the popular will. It is not the creature of State legislatures; nay, more, if the whole truth must be told, the people brought it into existence, established it, and have hitherto supported it for the very purpose, amongst others, of im- posing certain salutary restraints on State sovereignties. The States cannot now make war; they cannot contract alliances; they cannot make, each for itself, separate
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regulations of commerce; they cannot lay imposts; they cannot coin money. If this Constitution, sir, be the creature of State legislatures, it must be admitted that it has ob- tained a strange control over the volitions of its creators.
The people, then, sir, erected this government. They gave it a Constitution, and in that Constitution they have enumerated the powers which they bestow on it. They have made it a limited government. They have defined its authority. They have restrained it to the exercise of such powers as are granted; and all others, they declare, are reserved to the States or the people. But, sir, they have not stopped here. If they had, they would have accomplished but half their work. No definition can be so clear as to avoid possibility of doubt; no limitation so precise as to exclude all uncertainty. Who, then, shall construe this grant of the people? Who shall interpret their will, where it may be supposed they have left it doubtful? With whom do they repose this ultimate right of deciding on the powers of the government? Sir, they have settled all this in the fullest manner. They have left it with the government itself, in its appropriate branches. Sir, the very chief end, the main design for which the whole Constitution was framed and adopted was to establish a government that should not be obliged to act through State agency, or depend on State opinion and State discretion. The people had had quite enough of that kind of government under the Confederation. Under that system, the legal action, the application of law to individuals, belonged exclusively to the States. Congress could only recommend; their acts were not of binding force till the States had adopted and sanctioned them. Are we in that condition still? Are we yet at the mercy of State discretion and State construction? Sir, if we are, then vain will be our attempt to maintain the Con- stitution under which we sit.
But, sir, the people have wisely provided, in the Con- stitution itself, a proper, suitable mode and tribunal for settling questions of constitutional law. There are in the
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Constitution grants of powers to Congress, and restric- tions on these powers. There are, also, prohibitions on the States. Some authority must, therefore, necessarily exist, having the ultimate jurisdiction to fix and ascertain the interpretation of these grants, restrictions, and pro- hibitions. The Constitution has itself pointed out, or- dained, and established that authority. How has it accomplished this great and essential end? By declaring, sir, that " the Constitution, and the laws of the United States made in pursuance thereof, shall be the supreme law of the land, anything in the Constitution or laws of any State to the contrary notwithstanding y
This, sir, was the first great step. By this the suprem- acy of the Constitution and laws of the United States is declared. The people so will it. No State law is to be valid which comes in conflict with the Constitution, or any law of the United States passed in pursuance of it. But who shall decide this question of interference? To whom lies the last appeal? This, sir, the Constitution itself decides also, by declaring " that the judicial power shall extend to all cases arising under the Constitution and laws of the United States^ These two provisions cover the whole ground. They are, in truth, the keystone of the arch! With these it is a government; without them it is a confederation. In pursuance of these clear and express provisions, Congress established, at its very first session, in the judicial act, a mode for carrying them into full effect, and for bringing all questions of consti- tutional power to the final decision of the Supreme Court. It then, sir, became a government. It then had the means of self-protection; and but for this, it would, in all proba- bility, have been now among things which are past. Hav- ing constituted the government and declared its powers, the people have further said that, since somebody must decide on the extent of these powers, the government shall itself decide; subject always, like other popular govern- ments, to its responsibility to the people. And now, sir, I repeat, how is it that a State legislature acquires any
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power to interfere? Who or what gives them the right to say to the people, " We, who are your agents and serv- ants for one purpose, will undertake to decide that your other agents and servants, appointed by you for another purpose, have transcended the authority you gave them! " The reply would be, I think, not impertinent, — "Who made you a judge over another's servants? To their own masters they stand or fall."
Sir, I deny this power of State legislatures altogether. It cannot stand the test of examination. Gentlemen may say that, in an extreme case, a State government might protect the people from intolerable oppression. Sir, in such a case the people might protect themselves without the aid of the State governments. Such a case warrants revolution. . . .
To avoid all possibility of being misunderstood, allow me to repeat again, in the fullest manner, that I claim no powers for the government by forced or unfair construc- tion. I admit that it is a government of strictly limited powers; of enumerated, specified, and particularized powers; and that whatsoever is not granted is withheld. But notwithstanding all this, and however the grant of powers may be expressed, its limit and extent may yet, in some cases, admit of doubt; and the general government would be good for nothing, it would be incapable of long existing, if some mode had not been provided in which those doubts, as they should arise, might be peaceably but authoritatively solved. . . .
But, sir, what is this danger, and what are the grounds of it? Let it be remembered that the Constitution of the United States is not unalterable. It is to continue in its present form no longer than the people who established it shall choose to continue it. If thev shall become con- vinced that they have made an injudicious or inexpedient partition and distribution of power between the State gov- ernments and the general government, they can alter that distribution at will. . . .
... I profess, sir, in my career hitherto, to have kept
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steadily in view the prosperity and honor of the whole country, and the preservation of our Federal Union. It is to that Union we owe our safety at home and our con- sideration and dignity abroad. It is to that Union that we are chiefly indebted for whatever makes us most proud of our country. That Union we reached only by the dis- cipline of our virtues in the severe school of adversity. It had its origin in the necessities of disordered finance, prostrate. commerce, and ruined credit. Under its benign influences these great interests immediately awoke as from the dead, and sprang forth with newness of life. Every year of its duration has teemed with fresh proofs of its utility and its blessings; and although our territory has stretched out wider and wider, and our population spread farther and farther, they have not outrun its protection or its benefits. It has been to us all a copious fountain of national, social, and personal happiness.
I have not allowed myself, sir, to look beyond the Union, to see what might lie hidden in the dark recess behind. I have not coolly weighed the chances of pre- serving liberty when the bonds that unite us together shall be broken asunder. I have not accustomed myself to hang over the precipice of disunion, to see whether, with my short sight, I can fathom the depth of the abyss below; nor could I regard him as a safe counselor in the affairs of this government whose thoughts should be mainly bent on considering, not how the Union may be best preserved, but how tolerable might be the condition of the people when it shall be broken up and destroyed. While the Union lasts, we have high, exciting, gratifying prospects spread out before us for us and our children. Beyond that I seek not to penetrate the veil. God grant that in my day, at least, that curtain may not rise ! God grant that on my vision never may be opened what lies behind! When my eyes shall be turned to behold for the last time the sun In heaven, may I not see him shining on the broken and dishonored fragments of a once glori- ous Union; on States dissevered, discordant, belligerent;
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on a land rent with civil feuds, or drenched, it may be, in fraternal blood! Let their last feeble and lingering glance rather behold the gorgeous ensign of the republic, now known and honored throughout the earth, still full high advanced, its arms and trophies streaming in their original lustre, not a stripe erased or polluted nor a single star obscured, bearing for its motto no such miserable interrogatory as "What is all this worth?" nor those other words of delusion and folly, " Liberty first and Union afterwards;" but everywhere, spread all over in characters of living light, blazing on all its ample folds, as they float over the sea and over the land, and in every wind under the whole heavens, that other sentiment, dear to every true American heart, — Liberty and Union, now and forever, one and inseparable !
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THE EMANCIPATION PROCLAMATION OF PRESIDENT LINCOLN
[1863]
WHEREAS, on the twenty-second day of Sep- tember, in the year of our Lord one thou- sand eight hundred and sixty-two, a procla- mation was issued by the President of the United States, containing, among other things, the fol- lowing, to wit: —
"That on the first day of January, in the year of our Lord one thousand eight hundred and sixty-three, all persons held as slaves within any State, or designated part of a State, the people whereof shall then be in re- bellion against the United States, shall be then, thencefor- ward and forever free, and the Executive Government of the United States, including the military and naval authority thereof, will recognize and maintain the free- dom of such persons, and will do no act or acts to repress such persons, or any of them, in any efforts they may make for their actual freedom.
"That the Executive will, on the first day of January aforesaid, by proclamation, designate the States and parts of States, if any, in which the people thereof re- spectively shall then be In rebellion against the United States; and the fact that any State, or the people th.ereof, shall on that day be in good faith represented in the Con- gress of the United States by members chosen thereto at elections wherein a majority of the qualified voCers of such State shall have participated shall, in the absence of strong countervailing testimony, be deemed conclusive evidence that such State and the people thereof are not then in rebellion against the United States;" —
Now, therefore, I, Abraham Lincoln, President of the
United States, by virtue of the power in me vested as Commander-in-chief of the Army and Navy of the United States, in time of actual armed rebellion against au- thority and government of the United States, and as a fit and necessary war measure for suppressing said re- bellion, do, on this first day of January, in the year of our Lord one thousand eight hundred and sixty-three, and in accordance with my purpose so to do, publicly pro- claimed for the full period of one hundred days from the day first above-mentioned, order, and designate, as the States and parts of States wherein the people thereof re- spectively are this day in rebellion against the United States, the following, to wit: Arkansas, Texas, Louisiana except the parishes of St. Bernard, Plaquemines, Jeffer- son, St. John, St. Charles, St. James, Ascension, Assump- tion, Terre Bonne, Lafourche, St. Mary, St. Martin, and Orleans, including the city of New Orleans, Mississippi, Alabama, Florida, Georgia, South Carolina, North Caro- lina, and Virginia, except the forty-eight counties desig- nated as West Virginia, and also the counties of Berkeley, Accomac, Northampton, Elizabeth City, York, Prin- cess Ann and Norfolk, including the cities of Norfolk and Portsmouth, and which excepted parts are, for the present, left precisely as if this proclamation were not issued.
And by virtue of the power and for the purpose afore- said, I do order and declare that all persons held as slaves within said designated States and parts of States are, and henceforward shall be, free; and that the Executive Gov- ernment of the United States, including the military and naval authorities thereof, will recognize and maintain the freedom of said persons.
And I hereby enjoin upon the people so declared to be free, to abstain from all violence, unless in necessary self-defense, and I recommend to them, that in all cases, when allowed, they labor faithfully for reasonable wages.
And I further declare and make known that such per- sons of suitable condition will be received into the armed
82
service of the United States to garrison forts, positions, stations, and other places, and to man vessels of all sorts in said service.
And upon this act, sincerely believed to be an act of justice, warranted by the Constitution, upon military, ne- cessity, I invoke the considerate judgment of mankind and the gracious favor of Almighty God.
In witness whereof, I have hereunto set my hand, and caused the seal of the United States to be affixed.
Done at the city of Washington, this first day of Janu- ary, in the year of our Lord one thousand eight hundred and sixty-three, and of the Independence of the United States of America the eighty-seventh.
Abraham Lincoln.
By the President: William H. Seward, Secretary of State.
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THE GETTYSBURG ADDRESS OF PRESIDENT LINCOLN
[1863]
FOURSCORE and seven years ago, our fathers brought forth on this continent a new nation, conceived in liberty, and dedicated to the proposi- tion that all men are created equal. Now we are engaged in a great civil war, testing whether that nation, or any nation so conceived and so dedicated, can long endure. We are met on a great battle- field of that war. We have come to dedicate a portion of that field as a final resting-place for those who here gave their lives that the nation might live. It is altogether fit- ting and proper that we should do this. But in a larger sense we cannot dedicate, we cannot consecrate, we cannot hallow this ground. The brave men, living and dead, who struggled here, have consecrated it far above our poor power to add or detract. The world will little note, nor long remember, what we say here, but it can never forget what they did here. It is for us, the living, rather to be dedicated here to the unfinished work which they who fought here have thus far so nobly advanced. It is rather for us to be here dedicated to the great task remaining be- fore us, — that from these honored dead we take increased devotion to that cause for which they gave the last full measure of devotion, — that we here highly resolve that these dead shall not have died in vain, — that this nation, under God, shall have a new birth of freedom, and that government of the people, by the people, for the people, shall not perish from the earth.
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RECOGNITION OF THE INDEPENDENCE OF CUBA
[1898]
In this message to Congress by President McKinley, April 11, 1898, permission was asked to levy war on Spain in order to force that country to recognize the independence of Cuba. A new policy is here propounded, namely, that after pacification of Cuba the government and control of the Island should be left to its people.
JOINT Resolution for the recognition of the inde- pendence of the people of Cuba, demanding that the Government of Spain relinquish its authority and government in the Island of Cuba, and to withdraw its land and naval forces from Cuba and Cuban waters, and directing the President of the United States to use the land and naval forces of the United States to carry these resolutions into effect.
Whereas the abhorrent conditions which have existed for more than three years in the Island of Cuba, so near our own borders, have shocked the moral sense of the people of the United States, have been a disgrace to Christian civilization, culminating, as they have, in the destruction of a United States battleship, with two hun- dred and sixty-six of its officers and crew, while on a friendly visit in the harbor of Havana, and cannot longer be endured, as has been set forth by the President of the United States in his message to Congress of April elev- enth, eighteen hundred and ninety-eight, upon which the action of Congress was invited: Therefore,
Resolved, by the Senate and House of Representatives of the United States of America in Congress assembled,
85
First. That the people of the Island of Cuba are, and of right ought to be, free and independent.
Second. That it is the duty of the United States to demand, and the Government of the United States does hereby demand, that the Government of Spain at once relinquish its authority and government in the Island of Cuba and withdraw its land and naval forces from Cuba and Cuban waters.
Third. That the President of the United States be, and he hereby is, directed and empowered to use the en- tire land and naval forces of the United States, and to call into the actual service of the United States the militia of the several States, to such extent as may be necessary to carry these resolutions into effect.
Fourth. That the United States hereby disclaims any disposition or intention to exercise sovereignty, jurisdic- tion, or control over said Islands except for the pacifica- tion thereof, and asserts its determination, when that is accomplished, to leave the government and control of the Island to its people.
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THE MESSAGE OF PRESIDENT WILSON
TO CONGRESS RECOMMENDING
WAR WITH GERMANY
[1917]
This message was read before Congress April 2, 19 17, and asks for permission to declare war against Germany.
Four days later, April 6, 1917, war was officially declared, and the United States became involved in the Great War. Actual hos- tilities ceased on Armistice Day, November 11, 1918.
Gentlemen of the Congress:
J HAVE called the Congress Into extraordinary ses- sion because there are serious, very serious, choices of policy to be made, and made Immediately, which it was neither right nor constitutionally permissible that I should assume the responsibility of making.
On the 3d of February last, I officially laid before you the extraordinary announcement of the Imperial German Government that on and after the first day of February it was its purpose to put aside all restraints of law or of humanity and use its submarines to sink every vessel that sought to approach either the ports of Great Britain and Ireland or the western coasts of Europe or any of the ports controlled by the enemies of Germany within the Mediterranean. That had seemed to be the object of the German submarine warfare earlier in the war, but since April of last year the Imperial Government had some- what restrained the commanders of its undersea craft, in conformity with its promise, then given to us, that pas- senger boats should not be sunk and that due warning would be given to all other vessels which its submarines might seek to destroy, when no resistance was offered or escape attempted, and care taken that their crews were given at least a fair chance to save their lives in their
87
open boats. The precautions taken were meagre and haphazard enough, as was proved in distressing instance after instance in the progress of the cruel and unmanly business, but a certain degree of restraint was observed.
The new policy has swept every restriction aside. Ves- sels of every kind, whatever their flag, their character, their cargo, their destination, their errand, have been ruthlessly sent to the bottom without warning and without thought of help or mercy for those on board, the vessels of friendly neutrals along with those of belligerents. Even hospital ships and ships carrying relief to the sorely bereaved and stricken people of Belgium, though the latter were provided with safe conduct through the pro- scribed areas by the German Government itself and were distinguished by unmistakable marks of identity, have been sunk with the same reckless lack of compassion or of principle.
I was for a little while unable to believe that such things would in fact be done by any Government that had hitherto subscribed to humane practices of civilized na- tions. International law had its origin in the attempt to set up some law which would be respected and observed upon the seas, where no nation has right of dominion and where lay the free highways of the world. By painful stage after stage has that law been built up, with meagre enough results, indeed, after all was accomplished that could be accomplished, but always with a clear view, at least, of what the heart and conscience of mankind demanded.
This minimum right the German Government has swept aside, under the plea of retaliation and necessity and because it had no weapons which it could use at sea except these, which it is impossible to employ, as it is employing them, without throwing to the wind all scruples of humanity or of respect for the understandings that were supposed to underlie the intercourse of the world.
1 am not now thinking of the loss of property inv^olved, ^ immense and serious as that is, but only of the wanton
and wholesale destruction of the lives of non-combatants, men, women and children, engaged in pursuits which have always, even in the darkest periods of modern his- tory, been deemed innocent and legitimate. Property can be paid for; the lives of peaceful and innocent people cannot be. The present German submarine warfare against commerce is a warfare against mankind.
It is a war against all nations. American ships have been sunk, American lives taken, in ways which it has stirred us very deeply to learn of, but the ships and people of other neutral and friendly nations have been sunk and overwhelmed in the waters in the same way. There has been no discrimination.
The challenge is to all mankind. Each nation must decide for itself how it will meet it. The choice we make for ourselves must be made with a moderation of coun- sel and a temperateness of judgment befitting our charac- ter and our motives as a nation. We must put excited feeling away. Our motive will not be revenge or the victorious assertion of the physical might of the nation, but only the vindication of right, of human right, of which we are only a single champion.
When I addressed the Congress on the 26th of Feb- ruary last I thought that it would suffice to assert our neutral rights with arms, our right to use the seas against unlawful interference, our right to keep our people safe against unlawful violence. But armed neutrality, it now appears, is impracticable. Because submarines are in effect outlaws, when used as the German submarines have been used against merchant shipping, it is impossible to defend ships against their attacks as the law of nations has assumed that merchantmen would defend themselves against privateers or cruisers, visible craft giving chase upon the open sea. It is common prudence in such cir- cumstances, grim necessity indeed, to endeavor to destroy them before they have shown their own intention. They must be dealt with upon sight, if dealt with at all.
The German Government denies the right of neutrals
89
to use arms at all within the areas of the sea which it has proscribed, even in the defense of rights which no mod- ern publicist has ever before questioned their right to defend. The intimation is conveyed that the armed guards which we have placed on our merchant ships will be treated as beyond the pale of law and subject to be dealt with as pirates would be. Armed neutrality is in- effectual enough at best; in such circumstances and in the face of such pretensions it is worse than ineffectual; it is likely only to produce what it was meant to prevent; it is practically certain to draw us into the war without either the rights or the effectiveness of belligerents. There is one choice we cannot make, we are incapable of making; we will not choose the path of submission and suffer the most sacred rights of our nation and our people to be ignored or violated. The wrongs against which we now array ourselves are no common wrongs; they cut to the very roots of human life.
With a profound sense of the solemn and even tragical character of the step I am taking and of the grave re- sponsibilities which it involves, but in unhesitating obe- dience to what I deem my constitutional duty, I advise that the Congress declare the recent course of the Im- perial German Government to be in fact nothing less than war against the Government and people of the United States; that it formally accept the status of belligerent which has thus been thrust upon it; and that it take im- mediate steps not only to put the country in a more thorough state of defense but also to exert all its power and employ all its resources to bring the Government of the German Empire to terms and end the war.
What this will involve is clear. It will involve the ut- most practicable co-operation in counsel and action with the Governments now at war with Germany, and, as incident to that, the extension to those Governments of the most liberal financial credits, in order that our re- sources may so far as possible be added to theirs.
It will involve the organization and mobilization of
90
all the material resources of the country to supply the materials of war and serve the incidental needs of the nation in the most abundant and yet the most economical and efficient way possible.
It will involve the immediate full equipment of the navy in all respects, but particularly in supplying it with the best means of dealing with the enemy's submarines.
It will involve the immediate addition to the armed forces of the United States, already provided for by law in case of war, of at least 500,000 men, who should, in my opinion, be chosen upon the principle of universal lia- bility to service, and also the authorization of subsequent additional increments of equal force so soon as they may be needed and can be handled in training.
It will involve also, of course, the granting of adequate credits to the Government, sustained, I hope, so far as they can equitably be sustained by the present genera- tion, by well conceived taxation.
I say sustained so far as may be equitable by taxa- tion, because it seems to me that it would be most unwise to base the credits, which will now be necessary, entirely on money borrowed. It is our duty, I most respectfully urge, to protect our people, so far as we may, against the very serious hardships and evils which would be likely to arise out of the inflation which would be produced by vast loans.
In carrying out the measures by which these things are to be accomplished we should keep constantly In mind the wisdom of interfering as little as possible In our own prep- aration and in the equipment of our own military forces with the duty — for It will be a very practical duty — of supplying the nations already at war with Germany with the materials which they can obtain only from us or by our assistance. They are In the field and we should help them in every way to be effective there.
I shall take the liberty of suggesting, through the sev- eral executive departments of the Government, for the consideration of your committees, measures for the
91
accomplishment of the several objects I have mentioned. I hope that it will be your pleasure to deal with them as having been framed after very careful thought by the branch of the Government upon whom the responsibility of conducting the war and safeguarding the nation will most directly fall.
While we do these things, these deeply momentous things, let us be very clear, and make very clear to all the world, what our motives and our objects are. My own thought has not been driven from its habitual and normal course by the unhappy events of the last two months, and I do not believe that the thought of the nation has been altered or clouded by them. I have exactly the same things in mind now that I had in mind when I addressed the Senate on the 22d of January last; the same that I had in mind when I addressed the Congress on the 3d of February and on the 26th of February. Our object now, as then, is to vindicate the principles of peace and justice in the life of the world as against selfish and autocratic power, and to set up among the really free and self-gov- erned peoples of the world such a concert of purpose and of action as will henceforth insure the observance of those principles.
Neutrality is no longer feasible or desirable where the peace of the world is involved and the freedom of its peoples, and the menace to that peace and freedom lies in the existence of autocratic governments, backed by organized force which is controlled wholly by their will, not by the will of their people. We have seen the last of neutrality in such circumstances. We are at the begin- ning of an age in which it will be insisted that the same standards of conduct and of responsibility for wrong done shall be observed among nations and their governments that are observed among the individual citizens of civil- ized States.
We have no quarrel with the German people. We have no feeling toward them but one of sympathy and friendship. It was not upon their impulse that their
92
Government acted in entering this war, .It was not with their previous knowledge or approval. It was a war de- termined upon as wars used to be determined upon in the old, unhappy days, when peoples were nowhere consulted by their rulers and wars were provoked and waged in the interest of dynasties or^of little groups of ambitious men who were accustomed to use their fellow men as pawns and tools.
Self-governed nations do not fill their neighbor States with spies or set the course of intrigue to bring about some critical posture of affairs which will give them an opportunity to strike and make conquest. Such designs can be successfully worked out only under cover and where no one has the right to ask questions. Cunningly contrived plans of deception or aggression, carried, it may be, from generation to generation, can be worked out and kept from the light only within the privacy of courts or behind the carefully guarded confidences of a narrow and privileged class. They are happily impos- sible where public opinion commands and insists upon full information concerning all the nation's affairs.
A steadfast concert for peace can never be maintained except by a partnership of democratic nations. No auto- cratic government could be trusted to keep faith within it OF observe its covenants. It must be a league of honor, a partnership of opinion. Intrigue would eat its vitals away; the plottings of inner circles who could plan what they would and render account to no one would be a cor- ruption seated at its very heart. Only free peoples can hold their purpose and their honor steady to a common end and prefer the interests of mankind to any narrow interest of their own.
Does not every American feel that assurance has been added to our hope for the future peace of the world by the wonderful and heartening things that have been hap- pening within the last few weeks in Russia? Russia was known by those who knew her best to have been always in fact democratic at heart in all the vital habits of her
93
thought, In all -the intimate relationships of her people that spoke their natural instinct, their habitual attitude toward life. The autocracy that crowned the summit of her political structure, long as it had stood and terrible as was the reality of its power, was not in fact Russian in origin, character, or purpose; and now it has been shaken off and the great, generous Russian people have been added, in all their naive majesty and might, to the forces that are fighting for freedom in the world, for justice, and for peace. Here is a fit partner for a League of Honor.
One of the things that has served to convince us that the Prussian autocracy was not and could never be our friend is that from the very outset of the present war it has filled our unsuspecting communities, and even our offices of government, with spies and set criminal in- trigues everywhere afoot against our national unity of counsel, our peace within and without, our Industries and our commerce. Indeed, it is now evident that Its spies were here even before the war began; and it Is unhappily not a matter of conjecture, but a fact proved in our courts of justice, that the intrigues which have more than once come perilously near to disturbing the peace and dislo- cating the industries of the country, have been carried on at the instigation, with the support, and even under the personal direction of official agents of the Imperial Government accredited to the Government of the United States.
Even in checking these things and trying to extirpate them we have sought to put the most generous interpreta- tion possible upon them because we knew that their source lay, not in any hostile feeling or purpose of the German people toward us (who were, no doubt, as ignorant of them as we ourselves were), but only in the selfish designs of a Government that did what it pleased and told its people nothing. But they have played their part in serv- ing to convince us at last that that Government entertains no real friendship for us, and means to act against our
94
peace and security at its convenience. That it means to stir up enemies against us at our very doors the inter- cepted note to the German Minister at Mexico City is eloquent evidence.
We are accepting this challenge of hostile purpose be- cause we know that in such a Government, following such methods, we can never have a friend; and that in the presence of its organized power, always lying in wait to accomplish we know not what purpose, can be no as- sured security for the democratic governments of the world. We are now about to accept the gage of battle with this natural foe to liberty, and shall, if necessary, spend the whole force of the nation to check and nullify its pretensions and its power. We are glad, now that we see the facts with no veil of false pretense about them, to fight thus for the ultimate peace of the world and for the liberation of its peoples, the German peoples in- cluded; for the rights of nations, great and small, and the privilege of men everywhere to choose their way of life and of obedience.
The world must be made safe for democracy. Its peace must be planted upon the tested foundations of political liberty. We have no selfish ends to serve. We desire no conquest, no dominion. We seek no indemnities for ourselves, no material compensation for the sacri- fices we shall freely make. We are but one of the cham- pions of the rights of mankind. We shall be satisfied when those rights have been made as secure as the faith and the freedom of nations can make them.
Just because we fight without rancor and without selfish object, seeking nothing for ourselves but what we shall wish to share with all free peoples, we shall, I feel con- fident, conduct our operations as belligerents without pas- sion and ourselves observe with proud punctilio the prin- ciples of right and of fair play we profess to be fighting for.
I have said nothing of the governments allied with the Imperial Government of Germany because they have not
95
made war upon us or challenged us to defend our right and our honor. The Austro-Hungarian Government has, indeed, avowed its unqualified indorsement and accept- ance of the reckless and lawless submarine warfare, adopted now without disguise by the Imperial German Government, and it has therefore not been possible for this Government to receive Count Tarnowski, the Am- bassador recently accredited to this Government by the Imperial and Royal Government of Austria-Hungary; but that Government has not actually engaged in warfare against citizens of the United States on the seas, and I take the liberty, for the present at least, of postponing a discussion of our relations with the authorities at Vienna. We enter this war only where we are clearly forced into it because there are no other means of defend- ing our rights.
It will be all the easier for us to conduct ourselves as belligerents in a high spirit of right and fairness because we act without animus, not with enmity toward a people or with the desire to bring any injury or disadvantage upon them, but only in armed opposition to an irrespon- sible Government which has thrown aside all considera- tions of humanity and of right and is running amuck.
We are, let me say again, the sincere friends of the German people, and shall desire nothing so much as the early re-establishment of intimate relations of mutual advantage between us, however hard it may be for them for the time being to believe that this is spoken from our hearts. We have borne with their present Government through all these bitter months because of that friend- ship, exercising a patience and forbearance which would otherwise have been impossible.
We shall happily still have an opportunity to prove that friendship in our daily attitude and actions toward the millions of men and women of German birth and native sympathy who live among us and share our life, and wc shall be proud to prove it toward all who are in fact loyal to their neighbors and to the Government in
96
the hour of test. They are most of them as true and loyal Americans as if they had never known any other fealty or allegiance. They will be prompt to stand with us in rebuking and restraining the few who may be of a different mind and purpose. If there should be dis- loyalty, it will be dealt with with a firm hand of stern repression; but, if it lifts its head at all, it will lift it only here and there and without countenance except from a lawless and malignant few.
It is a distressing and oppressive duty, gentlemen of the Congress, which I have performed in thus addressing you. There are, it may be, many months of fiery trial and sacrifice ahead of us. It is a fearful thing to lead this great, peaceful people into war, into the most terrible and disastrous of all wars, civilization itself seeming to be in the balance.
But the right is more precious than peace, and we shall fight for the things which we have always carried nearest our hearts — for democracy, for the right of those who submit to authority to have a voice in their own govern- ments, for the rights and liberties of small nations, for a universal dominion of right by such a concert of free peoples as shall bring peace and safety to all nations and make the world itself at last free.
To such a task we can dedicate our lives and our for- tunes, everything that we are and everything that we have, with the pride of those who know that the day has come when America is privileged to spend her blood and her might for the principles that gave her birth and hap- piness and the peace which she has treasured.
God helping her, she can do no other.
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FLAG-DAY PROCLAMATION
[1919]
By His Excellency Calvin Coolidge, Governor of Massachusetts.
WORKS which endure come from the soul of the people. The mighty in their pride walk alone to destruction. The humble walk hand in hand with Providence to immortality. Their works survive. When the people of the Colonies were defending their liberties against the might of kings, they chose their banner from the design set in the firma- ment through all eternity. The flags of the great em- pires of that day are gone, but the Stars and Stripes re- main. It pictures the vision of a people whose eyes were turned to the rising dawn. It represents the hope of a father for his posterity. It was never flaunted for the glory of royalty, but to be born under it is to be a child of a king, and to establish a home under it is to be the founder of a royal house. Alone of all flags it expresses the sovereignty of the people which endures when all else passes away. Speaking with their voice it has the sanc- tity of revelation. He who lives under it and is loyal to it is loyal to truth and justice everywhere. He who lives under it and is disloyal to it is a traitor to the human race everywhere. What could be saved if the flag of the American Nation were to perish?
In recognition of these truths and out of a desire born of a purpose to defend and perpetuate them, the Com- monwealth of Massachusetts has by ordinance decreed that for one day of each year their importance should be dwelt upon and remembered. Therefore, in accordance
98
wis s
with that authority, the anniversary of the adoption of the national flag, the 14th day of June next, is set apart as
Flag Day
and it is earnestly recommended that it be observed by the people of the Commonwealth by the display of the flag of our country and in all ways that may testify to their loyalty and perpetuate its glory.
99
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