Showing posts with label Mexican War. Show all posts
Showing posts with label Mexican War. Show all posts

Friday, May 25, 2018

Congressman Howell Cobb to Mary Ann Lamar Cobb, May 10, 1846

Washington City, 10th May, 1846.

My Dear Wife, . . . The city has been in great excitement since yesterday evening in consequence of the news we received from our Army in Texas. It is now settled that we are at war with Mexico, and on tomorrow the President is to send in to Congress a war message, and immediately legislation will be had for the prompt and energetic enforcement of our rights against Mexico. When the Union1 of Monday night reaches you, you may expect to find an account of some pretty exciting scenes in Congress. At least that is the impression of those with whom I have talked (principally our own mess). I confess I do not feel so warlike myself. I prefer a foeman worthy of my steel. The reflection that we are so eager to avenge ourselves upon this poor, imbecile, self-distracted province, and at the same time sacrifice rights more “clear and unquestionable” to appease the threatened anger of her Brittanic Majesty, is to me humiliating in the extreme. However I will do my duty in both cases honestly and fearlessly, and trust the result to God and my country. The impression is beginning to be made upon the public mind here that this war with Mexico will render our negotiation with England more difficult and more doubtful of a pacific termination, as it is thought that English policy will be found to unite its interest with Mexican arms, — and thus we may after all the miserable pandering of American legislation to British arrogance, find ourselves engaged in war with England before the twelve months of notice shall have expired. All is speculation at present, and must continue so until the effect of what we have done shall be seen.
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1 Thomas Ritchie's newspnper, the Washington Union.

SOURCE: Ulrich Bonnell Phillips, Editor, The Annual Report of the American Historical Association for the Year 1911, Volume 2: The Correspondence of Robert Toombs, Alexander H. Stephens, and Howell Cobb, p. 76

Tuesday, May 22, 2018

John P. King* to Congressman Howell Cobb, May 7, 1846

Augusta, Ga., May 7, 1846.

. . . P. S. — Exciting news from Mexico this morning; this only could be reasonably expected. I have (entre nous) never seen any reasons of expediency for sending Taylor to the Rio Grande. Why insultingly beard this poor feeble distracted people? They have been hardly dealt with, and why not give them some decent chance to cover up their humiliation, which they certainly would have done by negociation ere long if our cannon had been kept out of their sight. I should not be much surprised if we were on the eve of a long and distracting war with all the attendant evils of debts, taxes, tariff, and the finale of all ambitious Republics — a military despotism. I hope to God that we may not yet have cause to wish that both Texas and Oregon had been ingulphed before they were heard of by the people of the United States.
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* United States Senator from Georgia, 1833-1837, president of the Georgia Railroad & Banking Co., 1841-1878.

SOURCE: Ulrich Bonnell Phillips, Editor, The Annual Report of the American Historical Association for the Year 1911, Volume 2: The Correspondence of Robert Toombs, Alexander H. Stephens, and Howell Cobb, p. 75

Monday, April 16, 2018

Gerrit Smith: The True Office of Civil Government, April 14, 1851

[Delivered at Troy, New York, April 14, 1851.]

The legitimate action of Civil Government is very simple. Its legitimate range is very narrow. Government owes nothing to its subjects but protection. And this is a protection, not from competitions, but from crimes. It owes them no protection from the foreign farmer, or foreign manufacturer, or foreign navigator. As it owes them no other protection from each other than from the crimes of each other, so it owes them no other protection from foreigners, than from the crimes of foreigners. Nor is it from all crimes, that Government is bound to protect its subjects. It is from such only, as are committed against their persons and possessions. Ingratitude is a crime: but, as it is not of this class of crimes, Government is not to be cognizant of it.

No protection does Government owe to the morals of its subjects. Still less is it bound to study to promote their morals. To call on Government to increase the wealth of its subjects, or to help the progress of religion among them, or, in short, to promote any of their interests, is to call on it to do that, which it has no right to do, and which, it is probably safe to add, it has no power to do. Were Government to aim to secure to its subjects the free and inviolable control of their persons and property — of life and of the means of sustaining life — it would be aiming at all, that it should aim at. And its subjects, if they get this security, should feel that they need nothing more at the hands of Government to enable them to work their way well through the world. Government, in a word, is to say to its subjects: “You must do for yourselves. My only part is to defend your right to do for yourselves. You must do your own work. I will but protect you in that work.”

That, the world over, Government is depended on to instruct, improve, guide, and enrich its subjects, proves, that, the world over, there is little confidence in the democratic doctrine of the people’s ability to take care of themselves: and that the opposite doctrine, that the many must be taken care of by the aristocratic and select few, is well nigh universally entertained. The people’s lack of confidence in themselves is not only proved, but it is accounted for, by this dependence on Government. This dependence of the people on the policy, providence, and guidance of Government, as well in peace as in war, has necessarily begotten in them a distrust of their ability to take care of themselves.

One of the consequences of this self-distrust on the part of the people is, that Government is employed, for the most part, in doing what it belongs to the people to do. And one of the consequences of this illegitimate work of Government is, that Government has become too great, and the people too little — that Government has risen into undue prominence, and the people sunk into undue obscurity. This is evident, wherever we look. The British Government overshadows the British people, and is their master, instead of their servant. It is in France as in Britain. The French Government owns, instead of being owned by, the French people.

The people of every nation are annoyed, enthralled, debased by this meddling of Government with the people’s duties! And never will the liberty, dignity, and happiness of the people be what they should be, until the people shall have risen up, and driven back Government from this meddling. In other words, the people will never be in their proper place, and Government will never be in its proper place, until the work of the people is done by the people.

Whenever the work of the people is taken out of their hands by the Government — or, since the people are quite as ready to shirk their work, as Government is to usurp it — I might as well say, whenever the people devolve it on Government, it is, of course, badly done. This is true, because every work to be well done must be done by its appropriate agent. Whenever Government builds railroads and canals, it builds them injudiciously and wastefully. So too, whenever Government meddles with schools, it proves, that it is out of its place by the pernicious influence it exerts upon them. And to whatever extent churches are controlled by Government, to that extent are they corrupted by it.

That Government does the work of the people badly is not, however, my chief objection to this meddling. There are two other objections to it, on which I lay greater stress than on this. One of these is — that Government, being allowed to do the work of others, fails, for this reason, to do its own work — or, in other words, being allowed to do what it should not do, it fails to do what it should do. The other of these objections is, that the doing by Government of the work of the people has the effect to degrade and dwarf the people.

I said, that Government has naught to do, but to protect its subjects from crimes. The crimes, however, which it permits against them — and, still more, the crimes, which it authorizes, and even perpetrates against them, show how extensively it fails of its duty. We will glance at a few of these crimes.

Slavery is one of them. And who needs to be told, that slavery is a crime? ay, the highest crime against both the body and the soul. Nevertheless, Government, not only permits its subjects to be enslaved, but it actually enacts laws for their enslavement.

Land monopoly is another of these crimes. The right of every man to his needed share of the soil, is as inborn, inalienable, and absolute, as his right to life itself: and the world has suffered more wrong and wretchedness from the violations of this right than it has even from slavery. Indeed, the robbing of men of their liberty is but a consequence of robbing them of their land. The poverty and impotence of the landless masses make them an inviting and easy prey of slavery. The masses, who fall under the yoke of slavery, fall under it because they are poor. Well does the Bible say: “The destruction of the poor is their poverty.” But were the equal right to the soil practically acknowledged, there would be no masses of poverty: and, hence, there would be little or no slavery — almost certainly no slavery. Stupendous, however, and everywhere-practised robbery, as is land monopoly, Government, nevertheless, does not forbid it. Nay, it positively and expressly permits it. Still worse, it does itself practise it. Government is itself the great land monopolist.

The compelling of one generation to pay the debts of another is among these crimes. Government not only suffers its subjects to be robbed of their earnings, in order to pay the debts of former generations, but it actually compels them to submit to such robbery.

There are wrongs done to woman, which fall in this class of crimes. Such is the wrong of denying her the right to control her property. Such is the wrong of denying her the right to participate in the choice of civil rulers. But Government, so far from defending these rights, does itself rob her of them.

The violation of the right to buy and sell freely, whenever and wherever we please, is another of these crimes. Government does, by its Tariffs, annihilate this right.

Now, why is it, that Government is engaged in all this, and, also, in a still greater, variety of nefarious work? It is, because having been allowed to neglect, and go beyond, its own proper and good work, no effectual limits can be set to its improper and bad work. And our answer to the question, why Government fails to perform its appropriate work of protecting its subjects from crimes, is that its meddling with the work, which is not its own, has unfitted it to appreciate and perform the work, which is its own. Let the lawyer dabble with merchandise, and he will be like to lose both his relish and his competency for his law business. Let the doctor annex to his province that of the lawyer, and, ten to one, he will be more interested in his briefs than in his pills. And, so too, if Government shall intrude itself into the province of the people, and usurp the work of the people, one consequence of such intrusion and usurpation will be its growing indifference and infidelity to its own duties — to its own proper work. “Ne sutor ultra crepidam” is an adage quite as applicable to Civil Government, as to an individual.

I referred to two of my objections to the meddling by Government with the work of the people. One of them I have now explained; and I need say no more to show, that it is well founded, and that the misdoing and no-doing of the proper work of Government are a necessary consequence of its meddling with the work of the people. Equally well founded is the other objection. The unhappy effect on the Government is a no more certain consequence of this meddling, than is its unhappy effect on the people.. The character of the people suffers as much from it, as does the character of the Government. The people, who consent to have their proper duties meddled with, and usurped by, Government, are shrivelled in self respect and manly spirit, and are fast tending to impotence. They are the servants and hangers-on of Government. They are swallowed up by it. To a great extent this is true of every people, who crave the guiding and sustaining hand of Government in their farming and manufacturing; in their road-building and canal-building; in their schools and churches. When smarting under the effect of their own follies, they will, instead of manfully undertaking to retrieve themselves, invoke the help of Government. What right-minded person has forgotten the humiliating spectacle, which the American people presented, some fourteen years ago, when they cried out to Government to relieve them of the consequences of that haste to be rich, which had then been prevailing throughout our country? The National Executive was implored: —— a special session of Congress was called for: — and all this, because so many thousands had got swamped in corner-lot and other speculations!

There are several points, on which an explanation may, perhaps, be desired of me.

1st. Do I mean, that Government shall invariably and absolutely forbid slavery? Yes — as invariably and absolutely, as it forbids murder. God no more creates men to be enslaved than to be murdered. And that does not deserve the name of Civil Government, which permits its subjects to be enslaved. And he is a pirate, instead of a Civil Ruler, who lays his hand on men to enslave them. And that is not law, but anti-law, which is enacted to reduce men to slavery, or to hold them in slavery. Hence, they are pirates, mobocrats, and anarchists, who are for the “Fugitive Slave law;” and they are law-abiding, who trample it under foot.

Law is for the protection of rights. And they, who believe, that enactments for the destruction of rights are law, know not what are the elements of true law. The American people in their folly, and madness, and devilishness, are busied, under their Fugitive Slave Law, in trying the questions, whether this man and that man are slaves — whether this being and that being, “made in the image of God,” are chattels and commodities. As well, (and not one whit more blasphemously,) might they try the question, whether God is entitled to His throne, or whether God shall be permitted to live. The American people proudly imagine, that theirs is the highest style of Christian civilization. And, yet, where shall we look for ranker atheism, or more revolting features of barbarism?

2d. Do I mean, that men have an equal right to the soil?

Yes — as equal as to the light and the air: and Government should, without delay, prescribe the maximum quantity of land, which each family may possess. In our country, as its population is so sparse, this quantity might go as high as a couple of hundred acres. A century hence, however, and the population may have increased so far, as to make it the duty of Government to reduce this quantity to a hundred acres. Two centuries hence, and it may, for a similar reason, be necessary to bring it as low as fifty acres. The population in Ireland is already so dense, that not more than some ten or twenty acres should be allowed to each family in that island.

To the question, whether I would have the landless claim improved land, I answer — not until the stores of wild land are exhausted. The people of Ireland should be put in immediate possession of the soil of Ireland, “vested rights” to the contrary notwithstanding. In our country, such rights may be spared, for a while longer. But the day is not distant, when, if they have not been previously and peacefully disposed of by Homestead Exemption and Land Limitation laws, they will be compelled to give way before that paramount natural right to the soil, which inheres as fully in every man, as does his right to himself.

3d. Do I mean, that a People may repudiate their national debt? I do. The debt of Great Britain is an average burden on each of her families of, say, one thousand dollars. That of Holland imposes a greater burden. These debts are crushing. The masses groan, and despair, and perish under them. All obligation to pay them should be promptly disavowed. So far is the present generation from being morally bound to lie under this burden, it is morally bound not to lie under it. No generation is bound to begin its career under burdens. No generation is bound to enter upon the race of life, incumbered with the dead weights of debt, which former generations have entailed upon it. On the contrary, if it would fill its page in the world’s history with usefulness and honor, (and no less than this does God require of it,) it must insist on having a free and a fair start.

But we are told, that a national debt is incurred in carrying on patriotic wars. To this we reply, that wars, which the people, who are carrying them on, believe to be just, they are willing to pay for: and that, therefore, every generation may, reasonably, be expected, and required, to pay for its own wars. Far fewer would be wars, if they, who wage them, had to pay for them. Had President Polk sent round the hat for contributions to carry on the Mexican war, the sum total would have been insufficient to pay for one volley. His noisiest partizans and the most bloated patriots would have cast in not more than Sixpence apiece. They loved the war; but they would have others pay for it. They delighted in the entertainment; since it was to be left to others to bear the expense of it. Right glad were they of a chance to dance; if others could be compelled to pay the fiddler.

What, however, it is asked, if the national debt has been created, or increased, by expenditures on “internal improvements” — such as railroads and canals? We answer, that each generation must be left free to choose what wars it will engage in, and, also, what canals and roads it will build: — with the proviso, nevertheless, as well in the one case, as in the other, that it shall pay, as it goes — or, to say the least, that if it makes debts, it shall pay them. But, it may be said, that a single generation, could not build and pay for, an Erie Canal. Then, let one generation build it as far West as Utica ; and the next extend it to Rochester; and the next to Buffalo. But, whether it shall be built by one, or by several, generations, let Government have no part in building it — let not Government be the owner of it, or of any canal, or of any railroad. Were there no other objection to such ownership, it is sufficient, that it puts into the hands of Government a power and a patronage of corrupting influence on both the Government and the people. No small objection to such ownership is, that it occasions so much legislation, and consumes so much of the time of our public councils. (Let it not be inferred from what I have here said, that I would not have our State finish its canals. It should finish them with the least possible delay, or sell them. It has no moral right to keep them unfinished any longer than is necessary.)

Pennsylvania owes forty millions of dollars for her State works. They cannot be sold for one-third of that sum. Now, to compel the payment of the remaining two-thirds from any other generation than the one, which had the fingering of the moneys, that these works cost — than the one, whose demagogues and log-rollers contrived and carried forward these works—is downright robbery. Nevertheless, these demagogues and logrollers were regarded, in their day, as the benefactors of posterity. Pretty benefactions to posterity are those, which posterity has to pay for! and which are generally worth less than half their cost!

A conclusive objection to national debts is the vast increase of Governmental power, which they occasion. Without reflection, one might say, that Government is weak in proportion to the amount of debt, which the nation owes. But, with reflection, he will say, that Government is strong in proportion to such amount. It is true, that the nation is weak in proportion to the extent of the national debt — but it does not follow, that the Government is. The debt due from a nation is a mortgage upon all its wealth and industry. Now, the collecting of this debt is in the hands of the Government. All the persons employed in collecting it are servants of Government. All the power wielded in collecting it is power of the Government — as much so, as if the Government were the creditor, as well as the collector. If, then, the power of Government is to be kept within due limits, the nation must be kept out of debt.

4th. Do I mean to be understood condemning all Tariffs? I do. I would not have a Custom-House on the face of the earth. But, what if our nation should grow rich with a Tariff, and poor without it? Then, let it grow poor. Whatever may be the effect on its wealth, every nation is to cultivate the freest, fullest, friendliest intercourse with every other nation. The nations of the earth constitute, and should feel, that they constitute, a brotherhood. But, restrictions on trade build up frowning barriers across this brotherhood, and are fruitful sources of estrangement and war. In the words of the poet, they

“Make enemies of nations, who had else
Like kindred drops been mingled into one.”

Great, very great, is the crime of Government in imposing these restrictions. Would I send a barrel of flour to the starving family of my Canadian brother? Would he send a roll of cloth to my freezing family? The arresting, by an individual, of this mutual beneficence would be held by all to be very criminal. But the arresting of it by Government is surely no less criminal. The case here supposed is one, which fairly illustrates the inhumanity and irreligion of Tariffs.

But the profit, the profit, of Tariffs is still urged upon our regards. We deny the fact of such profit. We believe, that, even in a pecuniary point of view, truth and justice and benevolence are gain. What, however, were we convinced of such profit? We must not suffer ourselves to be influenced by it. Even to look upon it, is to expose ourselves to be seduced from our opposition to the inhumanity and sin of Tariffs. We must not go so far into the way of temptation, as even to contemplate a motive for doing wrong. The bare contemplation of the motive may bring us to yield to its power, and to do the wrong.

What can be more unjust than Tariff-taxation? Instead of taxing the rich, in proportion to their riches, it taxes the poor, in proportion to their poverty. That they are thus taxed is obvious. For the poor man is poor, in proportion to the number of children he has to bring up; and, in that proportion, is the amount of Tariff-taxed supplies, which he needs for their subsistence. It often occurs, that a poor man pays, under Tariff-taxation, a greater amount of taxes than a rich man pays under it. One-quarter of the wealth of the nation pays a greater amount of Tariff-taxes than do the other three-quarters.

In addition to what we have said, is the consideration, that Tariff-taxes are so much greater than would be the direct taxes in their stead. We now pay, even in time of peace, thirty millions a year to defray the expenses of the General Government. Let its expenses, however, be defrayed by direct taxes, and the thirty millions would be brought down to three:—and, moreover, the South would pay, far more nearly than now, her full proportion of the nation’s taxes. We have spoken of the reduction of taxes in time of peace. What would be the reduction in time of war we scarcely need estimate: for when direct taxes shall have come into the place of Tariff-taxes, and the expenses of war shall, as well as other national expenses, have to be met by direct taxes, there will, probably, be no war.

Never, never, will there be an honest or frugal Government, until it is sustained by direct taxation: — for never, never, will the people be duly watchful of the conduct of Government, until the cost of Government shall be directly felt by them.

The Government, which taxes the poor, as this Government taxes them, is a robber of the poor, instead of discharging the Governmental duty of protecting the poor.

And I would not be content with the mode of taxation, which the free-trade men propose. They ask, that the people shall be taxed according to their property. But I ask for a still further concession to justice and humanity. I ask, that they shall be taxed according to their ability. Now, his ability to pay taxes, who has ten times as much property as his poor neighbor, is not but ten fold as great. It is infinitely greater. The poor man, Who has but two hundred dollars a year, on which to subsist his family, pays his taxes from the little store, every copper of which is urgently negded for their subsistence. But, the rich man by his side, whose income is two thousand dollars a year, pays his taxes from his superfluity. Equity and fraternity do, therefore, claim, that this rich man should pay taxes both for himself and his poor neighbor.

I close my argument with regard to Tariffs by remarking, that if Government will, at all events, sustain and enrich the manufacturers against foreign competition, it should do so by giving them bounties. These bounties I would, of course, have produced by assessments on property, or rather on ability, instead of taxes on consumption.

5th. Do I meant, that Government shall have nothing to do with Schools? I do. In this country, nearly every person admits, that Government should not have aught to do with churches. Why, then, should it have aught to do with schools? Because, says the answerer, schools are the places, in which to get education, whilst churches are the places, in which to get religion. But, in the esteem of many of us, there is great danger, that the education will prove worthless, nay positively and frightfully pernicious, which does not include religion; which is not, at every step of its progress, blended with religion, and identical with religion, and designed to promote religion. Moreover, in the esteem of many of us, the school, in its legitimate use, is, quite as emphatically as even the church itself, the place to get religion. Our school-years constitute that impressible period of life, which is far more hopeful than any or all after years to the plastic hand of the religious teacher. How important, then, that the school-teacher — that every schoolteacher — be also a religious teacher! Is it said, that religion can be taught during our school-years, and yet not in school?

We admit, that it can: — but it will be with comparatively little hope of success, unless it be taught in school also. Is it said, that religion may be gotten, after our school-years are ended? But, not to say, that the heart may, by that time, be imperviously and forever closed against religion, there is but too much reason to fear, that the religion, which is gotten after our school-years are ended, will, in general, be found to be a picked-up, superficial, and easily-parted-with religion, contrasting very widely, in this respect, with the religion of childhood — with the religion, which incorporates itself with, and becomes an inseparable part of, the very being of its possessor. Certain it is, as a general truth, that the religion, which we would fasten in the heart, must be put there in childhood. Do we wonder, that the Roman Catholic is so tenacious of his religion? We will not, if we reflect, that he imbibed it in his childhood. Do we wonder, that Roman Catholics are so strenuously opposed to our common school system? We will not, if we reflect, how deeply they believe in their religion, and how determined they are to imbue everything with it, and how conscientiously opposed they are, therefore, to excluding school-hours, or any portion of school-hours, from the influence of religion. And, in all this, Roman Catholics are right. And, in compelling them to uphold a system of education, which is an infidel system, or which, to say the least, is, to whatever extent it is religious, opposed to their religion, they are cruelly wronged. We call it an infidel system: — and such it virtually is. For, at the most, it contemplates but the toleration, instead of the inculcation, of religion: — and, what is more, it will not even tolerate any other than a conventional and nominal religion. What positive and earnest religion there is among the people of a school district must, so far as the school is concerned, be held in abeyance. Were such a religion allowed to enter our district schools, it would break them up. The doctrine, that “a man’s a man,” whatever his condition, or color, is an essential, fundamental religious doctrine: — and I add, that the current religion of our country is spurious, because it lacks the practical recognition of this doctrine. Now, the honest and hearty attempt to teach this doctrine in our district schools would be resisted to the last degree. It would be held to be a gross and unendurable violation of that religious neutrality, which is a confessed part — nay, the very corner-stone — of the common school structure. The instance has occurred in my own county, where the presence of an antislavery book in the school-library produced great commotion. It was voted out. I have heard of warm indignation in an adjoining county at the discovery in a school-library of William Jay’s history of the Mexican war. The proslavery histories of that war are welcome to our school-libraries. But William Jay’s is an antislavery history. The common school compromise in regard to religion tolerates proslavery, but not antislavery. The common school neutrality in regard to religion permits the praising, but not the condemning, of our war against Mexico.

A popular argument for Government or district schools is, that they are a cheap police. I admit, that good schools are. And so are good churches. Why, then, should not Government take upon itself the care of the churches, as well as of the schools? And since good family-government is, also, a cheap police, and a thousand fold more important to this end than either schools or churches, or both put together, why should not Government take under its supervision our family affairs also? In this cheap-police plea for Government schools, there is, at least, one thing taken for granted, which should not be. It is, that without the help of Government, there would not be schools, or, at least, not so many: whereas the probability is, that, were there no interference of Government, our schools would not only be better than they now are, but quite as numerous also.
It is asked — what will the poor do to get their children educated, in case Government aid is withdrawn? We answer, let them do anything rather than hang upon Government for an education — for an education, which, because it is Governmental, is emasculated of all positive, earnest, hearty religion — for an education, in which, because it is Governmental, the substance of morality is exchanged for the show of morality — and in which what is honest and uncompromising and robust and manly in character is made to give place to pusillanimity, effeminacy, calculation, baseness.

The Government of Prussia sees to it, that the children of Prussia are educated. Nevertheless, it forbids them, when educated, to exercise their education on certain proscribed topics. But, how much worse is this than the system of education, which shuts out vital topics, and the stern demands of principle from the process of education? If my child may not, whilst in the course of his education, be freely instructed in the most radical political and moral truths, and in the duty of their most faithful application, the chances are a hundred to one, that he will not relish such instruction in after years. And, if he has not, whilst in school, been permitted and encouraged to be true to his convictions, the strong probability is, that he will be false to them in subsequent life. Not having been allowed to be a true boy, he will not prove to be a true man. Why is it, that the great mass of the people in this land are ready to make, and uphold laws for chasing down and enslaving the poor? It is because they were taught no better in their childhood. It is because they were cursed with a compromising education. New England boasts much of her common schools. But, what have her people learned in them? To spell, read, write, and cipher, is the answer. But have they learned in them to respect and uphold human rights? They have not. On the contrary, they have learned in them to use their spelling, reading, writing and ciphering, against human rights. It is but a day or two since, that an innocent man was sent publicly from the very capital of New England to the doom of perpetual slavery. This single fact is a sufficient reply to all the beasts of New England schools. The people, who can perpetrate such a crime, are badly educated, and their schools — not to say churches also — are worse than worthless. Is it said, that they consented to this most atrocious sacrifice of their fellow man out of their respect to law? This apology for their case only makes it worse. The people, who can respect as law, who can even know as law, that, which calls for the most horrible form of murder, are, beyond all doubt, educated more into folly than into wisdom, more into falsehood than into truth, more into demons than into men, more into fitness for the society of the under than the upper world. I will not believe all this of our New England brethren. Hence, I will not accept the apology for them, to which I have here referred.

I think it was the mighty John Knox of Scotland, who inscribed over his door: “Love God with all thine heart and thy neighbor as thyself.” Ah, how much better off would New England be, though without so much as one Government school, but with this inscription over her every door and upon her every heart, than she is with all her fulness of learning, and her equal fulness of moral cowardice and of treachery to God and man! But this universal inscription she will never have, so long as her schools are founded on an accommodating policy in respect to fundamental morality, and on that compromise between righteousness and wickedness, which “splits the difference ” between God and the Devil.

Do not suppose from what I have said, that I believe New England to be worse than other parts of our country. I believe her to be quite as good, as any other part of our country.

I have, now, given one answer to the question — what will the poor do to get their children educated, in case Government aid is withdrawn? I have another to give to it. It is, that if Government will protect its subjects in their natural and absolute right to personal liberty, and to the soil, and to buy and sell where they please, and to choose their civil rulers — there will be but few poor.

What, however, if these few poor should be tenfold as numerous, as I suppose they would be — nay, even as numerous as the present poor? — private benevolence would, nevertheless, make abundant educational provision for them. The voluntary principle is found to be sufficient in the case of churches. Why should it be distrusted in the case of schools? But, it has proved itself worthy of reliance in the case of schools. The free gifts made in New England and New York to aid the cause of education would not compare unfavorably in amount with what the laws extort for this object.

If there are poor to be helped, it is voluntary, and not compelled help, that they need. Compelled help is of little worth either to the helper or the helped. Such help is not the twice blessed mercy, of which the great poet speaks:—

“It blesseth him that gives and him that takes.”


Whether, however, our schools, if left, as are our churches, to the voluntary principle, would be sustained or not, I, nevertheless, protest against the doctrine of compelling men to sustain them. Compulsion to this end is, as I view schools, and as ten thousand others view them, a no less invasion, and a no less offensive invasion, of the rights of conscience and of the liberty of religion, than is the compelled support of churches. In our esteem, the school is, in its true character, as fully identified with religion, as is the church: and, hence, when Government interferes with the school, it makes itself, in our esteem, as obnoxious to the charge of meddling with religion, as when it interferes with the church.

My concern respecting the compelled support of schools is not for the religious man only. It is for the infidel also. If I would not have the Roman Catholic compelled to support schools, whose religion is repugnant to his own, neither would I have the infidel compelled to support schools of any religion. The rights of the infidel are to be held as sacred, as the rights of the christian: and Government is to leave both infidels and christians at full liberty to build up such schools, as they may respectively prefer.

But, it is said, that our schools will be as diversified and sectarian, as our churches, if Government, instead of insisting on running them all into the Government-mold, and making them all after one pattern, shall allow its subjects to have whatever variety of schools they will. In the name of consistency then, why not set Government at work to purge our churches of sectarianism? Now, I admit, that sectarianism, whether in schools or in churches, is a very pernicious error. But I deny, that it is an error, which Government is either to correct, or prevent. Government has nothing at all to do with it.

I do not object to charity — though, I confess, that I do not think there would be much occasion for it, were Government to do its part toward a right construction of society. Charity does not cure the ills, which spring from our false social state. It is but a present, and a very superficial palliation of them. Our eleemosynary institutions are busy with the leaves, instead of striking at the roots, of our multiform disorders.

But, though I do not object to all charity, I am totally opposed to charity at the hands of Government. It is justice, and not charity, which the people need at the hands of Government. Let Government restore to them their land, and what other rights they have been robbed of, and they will, then, be able to pay for themselves — to pay their schoolmasters as well as their parsons. The best way to defend Government for undertaking to educate the children of the poor is on the ground, that this is a slight return for its robberies of the poor. The highwayman does, sometimes, compound with his conscience by giving back enough of the spoil to furnish his victim with a supper, or a night’s lodging. But better than all such generosity of the Government and the highwayman would be their ceasing from their robberies.

I said, it is justice, and not charity, which the people need at the hands of Government. Ay, one crumb of justice is worth more than a whole loaf of charity. I would have the people delivered from all necessity of begging. But, so long as they must beg, let them beg, not of Government, but of one another. Let them never consent to gather into groups of mendicants around the almsgiving hand of Government. It is the of Government, which bribe the people into acquiescence in the loss of their rights — of the very rights, which Government is bound to maintain, but of which it has robbed them — or suffered others to rob them. What is worse, these gifts to the people have the power to blind the people to their loss. They are robbed, without knoowing, that they are robbed.

The last thing, which I have to say on the subject of schools, is to refer to the fact, that the American people are ever and deeply deprecating the union of Church and State. I admit, that they cannot deprecate it too earnestly, or too constantly. It is among the greatest of all evils. But, let me here say, that every admitted interference of Government with the duties and business of the people, is a step toward its union with the church, since every such interference prepares the way for another. I add, that the union of Government with the common school is a step, which lacks but one more step of bringing the Government into union with the church: and I add, that this lacking step would soon be taken, if the people had a common religious faith. It is the intolerant diversity of their religious belief — or, in other words, their division into sects — which saves the people of this nation from the union of Church and State. The common impression, that there is an invincible repugnance among us to the union of Church and State — to the thing itself — is not founded in truth. The man, who is willing to have Government sustain, and take care of the schools, can easily be made willing to have it sustain and take care of the churches also; provided only, that the churches are of his faith. Were this a Catholic, or Presbyterian, or Baptist, or Methodist, or an Episcopalian nation — that is to say, were the mass of the people of one religious creed — and were the present false views of the office of Government still to obtain — the nation would speedily be cursed with a union of Church and State. Let it not be inferred, from what I have here said, that I regard sectarianism, in any case, as a good. I have before condemned it. I now add, that it is an unmixed evil. It is “only evil continually.” A crime against Christ and the christian brotherhood is it to go into any sect whatever. By Divine arrangement, the christians of a place are the church of such place. Very presumptuous and guilty therefore are they, who would supplant this with a human arrangement. All, that can be said in favor of sectarianism in the present instance is, that it is one evil counteracting another — one disease preventing another.

The truth is, that Government has got into the sanctuary of the people’s business and interests; and, that, whilst it is suffered to be there, no limits can be set to its meddling and mischief. To-day, it lays its hand upon the school. To-morrow, it lays it on the church. The only safety consists in expelling the intruder from this sanctuary, and in keeping him outside of it, where he may stand sentinel to it, and so fulfil the only office of Civil Government.

I said, that the only province of Government is to protect from crimes the persons and possessions of its subjects. Some of you may think, that this is making the province of Government too narrow to include all its duties. But, which of its duties would be left outside of these limits? Perhaps, it will be asked, if the duty of abolishing the traffic in intoxicating drinks would not be. I answer, that it would not. I ask Government to abolish this traffic, not because I would have Government enact sumptuary laws — for I would not. Nay, I go so far, as to say, that if the drinkers of intoxicating liquors would do no more than kill themselves, I would not have Government interfere with their indulgence. It is murder, not suicide, that I would have Government concern itself with. Nor do I ask Government to abolish this traffic, because I hold, that Government is charged with the care of the public morals. As I have already shown you, I hold to no such thing. Why I ask Government to abolish this traffic is because it is fraught directly, immensely, necessarily, with wide and awful peril to person and property. Neither property, nor life, is safe from the presumption, the blindness, and the fury of the drunken maniac. The drunken driver upsets the stage. The drunken engineer blows up the steamboat. It is a drunkard, who has ravished our wife, or daughter, or sister. It is a drunkard, who has burned our dwelling. It is a drunkard, who has murdered our family.

What is a crime then, if the traffic in intoxicating drinks is not one? And what crime is there, from which Government should be more prompt to shelter the persons and possessions of its subjects?

Perhaps, it will be asked, whether Government, under my definition of its province, would be at liberty to carry the mail; build asylums; improve harbors; and build light-houses? I answer, that nothing of all this is, necessarily, the work of Government. The mail can be carried, as well without, as with, the help of Government. Some of the best and most extensive asylums in our country are those with which Government has nothing to do. And the interest and humanity of individuals and communities might be relied on to improve harbors and build light-houses, as well as to keep bridges and roads in repair. I admit, that harbors and light-houses are an indispensable protection to life and property, and that the failure to supply them is a crime against mankind, and a crime, of which Government should be cognizant. But Government would, probably, never have to compel the merchants of Portland and Boston and New Bedford &c., to supply the New England coast with harbors and light-houses. It certainly would not, were it to allow them the privilege of imposing a reasonable tax for these securities on the vessels, that enjoy them. And, here, let me add, that, inasmuch as Government has undertaken their care and improvement, and supplied itself, at the people’s expense, with the means therefor, the neglected condition of the harbors upon our lakes is among the evidences, that ours is a faithless and dishonest Government.

I close with saying, that the work of Civil Government is not so much to take care of its subjects, as to leave them in circumstances, in which they may take care of themselves: — and not so much to govern its subjects, as to leave them free to govern themselves. Civil Government is to hold a shield over the heads of its subjects, beneath which they may, in safety from one another, and from all others, pursue their respective callings, and discharge their respective duties. Whilst confining itself to this employment, it is a blessing above all praise — above all price. But, when it forsakes its own work to usurp that of the people; and, especially, when, as it has been recently known to do, it arrays itself against the great and holy God, who ordained Civil Government, and blasphemously enacts laws, which are opposed to His laws, then is it a curse and a monster, which deserves to be hated with all our hatred, and resisted at every hazard.

SOURCES: Gerrit Smith, The True Office of Civil Government: A Speech in the City of Troy, p. 5-30; Octavius Brooks Frothingham, Gerrit Smith: A Biography, p. 181-4

Monday, March 26, 2018

Thomas Wentworth Higginson, 1847

You will be interested to hear of a visit I made Whittier the other day. . . . He had taken up the vague notion of annexing all Mexico and seemed to Lord it in a very loose way too; even said more war would be better than making peace and getting slave territory, though I couldn't make out how that was to help the matter. He wasn't great on that tack, anyway — on literary matters better. . . . He had plenty of humor and talks very freely, making us feel very easy; gave a rich account of a come-outer who came in to their “First Day Meeting.”

SOURCE: Mary Potter Thacher Higginson, Editor, Letters and Journals of Thomas Wentworth Higginson, 1846-1906, p. 7-8

Friday, March 23, 2018

Julia Ward Howe to Louisa Ward Crawford, July 1, 1847

July 1, 1847.
My Dearest Old Wevie, —

I should have written you yesterday but that I was obliged to entertain the whole Club1 at dinner, prior to Hillard's departure. I gave them a neat little dinner, soup, salmon, sweetbreads, roast lamb and pigeon, with green peas, potatoes au maitre d'hotel, spinach and salad. Then came a delicious pudding and blancmange, then strawberries, pineapple, and ice-cream, then coffee, etc. We had a pleasant time upon the whole. That is, they had; for myself it is easy to find companions more congenial than the Club. Still, I like them very well. I had last week a little meeting of the mutual correction club, which was far pleasanter to me. This society is organized as follows: Julia Howe, grand universal philosopher; Jane Belknap, charitable censor; Mary Ward, moderator; Sarah Hale, optimist. I had them all to dinner and we were jolly, I do assure you. My children looked so lovely yesterday, in muslin dresses of bright pink plaid, made very full and reaching only to the knee, with pink ribbands in their sleeves. . . .

How I do wish for you this summer. My little place is so green, my flowers so sweet, my strawberries so delicious — the garden produces six quarts or more a day. The cow gives delicious cream. I even make a sort of cream cheese which is not by any means to be despised. Do you eat ricotta nowadays? Chev gave me a little French dessert set yesterday, which made my table look so pretty. White with very rich blue and gold. Oh, but it was bunkum! Dear old Wevie, you must give me one summer, and then I will give you a winter — isn't that fair? Chev promises to take me abroad in five years, if we should sell Green Peace well. They talk of moving the Institution, in which case I should have to leave my pretty Green Peace in two years more, but I should be sad to leave it, for it is very lovely. I don't know any news at all to communicate. The President2 has just made a visit here; he was coolly but civilly received. His whole course has been very unpopular in Massachusetts, and nobody wanted to see the man who had brought this cursed Mexican War upon us. He was received by the Mayor with a brief but polite address, lodgings were provided for him, and a dinner given him by the city. But there was no crowd to welcome him, no shouts, no waving of handkerchiefs. The people quietly looked at him and said, “This is our chief magistrate, is it? Well, he is tres peu de chose. I of course did not trouble myself to go and see him. . . . I send you an extract from a daily paper. Can you tell me who is the authoress? It has been much admired. Uncle John was very much tickled to see somebody in print. Try it again, Blue Jacket.
_______________

1 The Five of Clubs. See ante.

2 James K. Polk.

SOURCE: Laura E. Richards & Maud Howe Elliott, Julia Ward Howe, 1819-1910, Large-Paper Edition, Volume 1, p. 127-9

Thursday, March 22, 2018

Samuel Gridley Howe to Charles Sumner, November 9, 1846

New York, November 9th, 1846.

My Dear Sumner: — I wrote you from the storm and bustle of New York, while you are in the midst of the storm and bustle of an election. Yet I suppose you have not much bustle, after all, because the old Whigs will have it all their own way.

I have heard the roar of the great Bull of Bashan1 and am breathing freely; if his immense power can make no more impression upon our position, then it is indeed impregnable. “Nobody voted for the war!”2 Roar, Bull of Bashan, roar that lie till the ends of the earth echo it back; it will ever be a lie.

“Why should the Representative of Boston be selected?” Because he was the representative of Boston, and it becomes Boston to be the first to rebuke the wrong doer.

However, it is of no use to talk about all this now. We are beaten, routed, laughed to scorn, — e pur si muove!

I am grieved, deeply grieved about Hillard.3 God bless him, and grant that he may have the same peace of mind and entire self-approval that you and I have. I hope we shall love each other none the less for having disagreed about our political duties.

I have met many Boston gentlemen here, and some old friends. They regret my course; they say I shall be misunderstood by all except my personal friends. I knew that very well before. As for the New Yorkers, they are for the most part heathen. Even Silliman condemns, but still loves us. . . .

I long to see you and to do what I can to comfort you; for I know that you are sorely stricken, and that you have not such means of defence as I have. You are thinner skinned, and you have not a wife and babies, more shame to you!

But I am surrounded by bankers and lawyers. I cannot hear myself write.

Good-by: God bless you.
Ever yours,
S. G. Howe.
_______________

1 Daniel Webster.
2 The Mexican War.
3 George S. Hillard, who followed in the wake of Mr. Winthrop.

SOURCE: Laura E. Richards, Editor, Letters and Journals of Samuel Gridley Howe, Volume 2, p. 253-4

Wednesday, November 8, 2017

Address of the Union State Central Committee

To the People of Pennsylvania:

In the midst of a fierce conflict for the national life – responding to calls for large reinforcements to enable our armies to successfully combat with traitors – cheerfully meeting the payment of extraordinary taxation to supply the Government with money to conduct the war, the submitting to an immense increase in the prices of living, the people of Pennsylvania have nevertheless been able for three years to maintain a prosperity, and secure a healthy operation in all the branches of their trade, unprecedented in the annals of any country while engaged in the prosecution of a war.  In the trials of this bloody war, with the struggle just reaching its climax, the people of Pennsylvania suddenly find themselves involved in a political contest invested with the highest importance, because fraught with the most momentous issues.  Ordinarily, heretofore, political contests meant only a choice of policy as to the manner of administering the Government.  The struggle of parties was for the possession of the powers of Government, and merely to control their operation.  How, however, our political contests have resolved themselves into a direct and a positive issue for the safety and the permanence of the Government; because, politically as well as sectionally, the contest at the ballot-box and in the battle-field must decide whether the Union shall exist or perish with the triumph or defeat of one or the other of the contending parties.  Hence the unwonted importance with which our political campaigns are now invested. — Parties are now divided on issued which vitally concern the Government.  They are composed of friends and enemies of that government.  To choose between these parties equally interests the cause of loyalty and that of treason.  No man can stand neutral between the two, and all that are not fairly for the Government will be justly recognized as its enemy. — Admitting that such is the new importance assumed by our political contests, we have an excuse as well as a justification for entering on the contest fast approaching, for the amendments to the Constitution, with all the zeal in our nature, and all the devotion that should characterize the patriot and the lover of his country in his effort to serve it.

It was seem that on an amendment to the Constitution granting the soldier a right to vote there should be no division.  Among a free people particularly, who are admitted always to be the most intelligent, such a right should be so well grounded in common and statute law as to need no action, at this late day, for its exercise and vindication.  The soldier, in all lands, alike among civilized and barbaric nations, has ever been admitted to the highest honors conferred by the governments beneath whose banners he fought.  His valor, his sacrifices, and his devotion, have ever been regarded as themes for the poet, subjects for the painter, and material for the historian; and thus the calling of arms became one of honor – one which elicited the noble rivalries of compatriots, and, where civilization refined for the instincts and elevated the character of men, war has been so conducted as to force combatants to respect and honor each other’s qualities – the victor still to treat the vanquished as a MAN.  The Constitution and laws expressly declare that no man shall be deprived of his citizenship, except for high crimes of which he shall be chard and proven guilty.  He must be summoned to meet such a charge of criminality in the presence of judges whose oaths bind them to do him entire justice.  He must be insured a trial by a jury sworn impartially to consider his case.  If found guilty, the sentence of his judges may result in his disfranchisement – but disfranchisement is not aimed at as a result of his punishment.  Disfranchisement as a direct punishment is only made to follow the highest crime known against the State.  Yet in the face of these facts, and in opposition to all equity, there are those in the State who insist that disfranchisement should follow the highest service which a man can perform for his Government.  There is a strong party to-day in Pennsylvania, regularly organized, controlled by able leaders and sustained by astute and learned advocates, insisting that the service of a citizen as a soldier – the periling of life and limb in the support of the Government, the giving up of domestic endearments, the sacrifice of business interests, and the yielding  of all personal comforts, forfeit for those thus engaged all political right, every franchise of a free-born or constitutionally adopted American citizen.  The monstrous iniquity of such a claim is at once apparent, however it has been maintained by our highest judicial tribunals.  Its injustice can only be sustained by sophistries founded in the worst political prejudices, so that the sooner the Constitution and laws are made plain and rendered explicit on this subject, and posted where every man can read and understand them, just so soon do we secure the strength and majesty of the Government in the confidence and respect of the governed – just so soon do we make our good old State worthy of the past valor of her sons, and glorious in the future.  American citizenship has its virtues and these their merits.  Each virtue can only be exalted by serving the Government under which they flourish; but if that service is made a badge of degradation, will it not be more natural for men of honor and spirit and true courage to resist its rendition than voluntarily to accept its duties?  The citizen-soldier feels when he takes up arms it is to defend, not destroy, his political rights.  The man who sacrifices his business interests, and for a stipulated time surrenders his personal liberty, cannot understand why he should be deprived of his political rights.  The service of arms does not blunt the judgment or blur the ability of a citizen to exercise the elective franchise.  It rather gives him a new title to the enjoyment of such a right, and fits him for the highest privileges of a free Government.  Unlike the masses of Europe, the great body of the American people are intelligent, possessed of educations affording the heights knowledge.  While war for a time may change the habits of such people, it cannot affect their sense of justice, their appreciation of power, and their love of Government.  It cannot lessen their ability for self-government.  If it could, the war in which we are now engaged for the defence of the Government and the safety of the public weal had better be stopped immediately.

The Democratic leaders now oppose the enfranchisement of the soldier.  In the olden time of the Democratic leaders, such as Jefferson, Jackson, Snyder and Shultze insisted that the elective franchise followed the flag under which a soldier fought.  If that flag was potent, on the sea and the land, to protect a man in war, why should it not possess the other virtues of continuing his political franchises?  If it made the deck of a vessel above which it waved the soil of the country represented by it, regardless of the sea or clime in which it floated, so also does it carry with it for the soldier who fights beneath its folds any political rights which these heroes enjoyed before they were mustered into the service; and on this soundly democratic argument the soldiers who fought in Mexico were able to exercise a freeman’s right in the wilds of the chapparel, the heats of the seashore, the din of conflict, and in the shadow of battlemented castles, the same as if they had been at home in their respective wards and precincts.  If men fighting thousands of miles from home – cut off from all communication – scarcely informed at the time on the issues of the political campaign, were able and entitled to exercise the right of the franchise, is it not fair to suppose that citizens of a like intelligence, engaged in the same service of the Government within the limits of its authority, distant only a few miles from home, conversant with all the issues involved in the political contest, in daily communication with their friends, and in perusal also of journals discussing the questions at stake – is it not fair to suppose that such men are entitled to the exercise of all their political rights?  Only those who act from perverted policy on this subject, will seek to evade the responsibility of such a question.  This is proven by the judicial history already attached to this question.  When it was deemed expedient, as it was undoubtedly considered by the democratic leaders then, the elective franchise was extended to the absent soldiers in Mexico; but in the midst of a war waged by the upholders of an institution from which the Democratic leaders thrive all their strength, George W. Woodward, a Justice of the Supreme Court, and lately the candidate of the Democratic party for Governor, judicially denied the soldiers the exercise of the elective franchise; denied our brave defenders the right almost in the same breath in which he declared the right of the States of the South to rebel and secede from the Union!  Fair men can see no difference in an American soldier voting in Mexico, while fighting beneath the flag of his country, and the same soldier citizen under the same circumstances voting in a rebellious State.  Time nor place, within the limits of a free government, or in the service thereof, cannot influence, should not be permitted to affect the rights of a freeman.  The government which is not able to insure him these inherent rights is unworthy his support.  The authority of a free government, which seeks to degrade a freeman while periling his life in its defence, is a despotism more fearful than that which denies all right to the governed.  It is not possible that such a government can last.  At some period in its history, if the rights of its defenders be disregarded as the Democratic leaders now deny the right of the franchise to the soldiers, it will need arms to protect it both from foreign and domestic foes, and perish eventually, an object to mean for defence.

In advocating the soldier’s right to vote, the loyal men of Pennsylvania are sustained by a faith in the fact that his service is such as to secure him not merely all the rights he enjoyed before he entered the army, but increased dignity and power at the hands of the Republic.  The enemies of this great principle oppose it only for reasons of expediency.  There was a time when the Democratic leaders claimed that the army was largely and even almost wholly composed of their partisan followers.  When they were most clamorous in insisting upon the recognition of such a claim, the supporters of the principle, opposed politically to these leaders were most earnest and even persistent in its advocacy.  To them it was a principle of justice too sacred to be disregarded – too noble to be rejected – too important in its relations to the very genius and vitality of the Republic to be denied to all the people thereof, alike shoes who risk the perils of battle in its defence and those who run no danger of life, limb or property in the service of Government, and who still claim its highest immunities and most sacred privileges.  On the second day of August ensuing this question will come practically before the People of Pennsylvania.  We do not doubt the result of the election as to the acceptance of rejection of the soldier’s right to vote.  But we would be false to the party which we represent, and recreant to the creed which we adore, if we failed to avow in advance our approval of granting this great right to our brave defenders.  Pennsylvania has many thousands of her citizens now in the army. – They have all gone forth inspired by a sublime faith in the strength of a free Government to crush a wicked conspiracy, and does it become us, while enjoying the halcyon blessings of peace at home, while the limbs of our soldiers are wet with their own blood, and their weapons are dripping with the gore of traitors, to say to them, “You have forfeited your citizenship; you are no longer worthy of participating in the control of a free Government; your positions must be with the slaves of the South among the disgraced and degraded of God’s children?  We cannot believe that the people of Pennsylvania are prepared to send such a message to their fellow-citizens in the armies of the republic.  We cannot believe that so foul a disgrace awaits our war-warn but still intrepid heroes.  The hearts of the great majority of the people at home are too full of gratitude for a return of great service by galling neglect.  Our faith in the justice of the people renders us confident in the establishment and vindication of the political rights of the soldier.  But that fault must be accompanied by works.  Hence it becomes the duty of the State Central Committee to urge on the friends of the soldier actively to labor for the triumph of this effort in his behalf.  Let it be said of our fellow-citizens now absent as soldiers, that as our victorious armies planted their banners in the capital of treason, it was beneath their folds in Richmond each hero of the Keystone State exercised the freeman’s right of the elective franchise for a president to administer the Government to a reunited Union, to States once more loyal, to a people again at peach and blessed with prosperity.

SIMON CAMERON, Chairman.

A. W. BENEDICT,
WIEN FORNEY,
Secretaries.

— Published in The Jeffersonian, Stroudsburg, Pennsylvania,Thursday, July 14, 1864, p. 2

Tuesday, October 24, 2017

The Ohio Democratic Committee in the Case of Clement Vallandigham to Abraham Lincoln, June 26, 1863

WASHINGTON, June 26, 1863.
His Excellency the PRESIDENT OF THE UNITED STATES:

The undersigned, having been appointed a committee under the authority of the resolutions of the State convention held at the city of Columbus, Ohio, on the 11th instant, to communicate with you on the subject of the arrest and banishment of Clement L. Vallandigham, most respectfully submit the following as the resolutions of the convention bearing upon the subject of this communication, and ask of Your Excellency their earnest consideration. And they deem it proper to state that the convention was one in which all parts of the State were represented, one of the most respectable as to numbers and character and one of the most earnest and sincere in support of the Constitution and the Union ever held in this State:

Resolved, That the will of the people is the foundation of all free government; that to give effect to this free will, free thought, free speech, and a free press are absolutely indispensable. Without free discussion there is no certainty of sound judgment; without sound judgment there can be no wise government.

2. That it is an inherent and constitutional right of the people to discuss all measures of the Government, and to approve or disapprove as to their best judgment seems right. That they have a like right to propose and advocate that policy which in their judgment is best, and to argue and vote against whatever policy seems to them to violate the Constitution, to impair their liberties, or to be detrimental to their welfare.

3. That these and all other rights guaranteed to them by their constitutions are their rights in time of war as well as in time of peace, and of far more value and necessity in war than in peace, for in peace liberty, security, and property are seldom endangered. In war they are ever in peril.

4. That we now say to all whom it may concern, not by way of a threat, but calmly and firmly, that we will not surrender these rights nor submit to their forcible violation. We will obey the laws ourselves and all others must obey them.

11. That Ohio will adhere to the Constitution and the Union as the best — it may be the last — hope of popular freedom, and for all wrongs which may have been committed or evils which may exist will seek redress under the Constitution and within the Union by the peaceful but powerful agency of the suffrages of a free people.

14. That we will earnestly support every constitutional measure tending to preserve the union of the States. No men have a greater interest in its preservation than we have; none desire it more; there are none who will make greater sacrifices or will endure more than we will to accomplish that end. We are as we have ever been the devoted friends of the Constitution and the Union and we have no sympathy with the enemies of either.

15. That the arrest, imprisonment, pretended trial, and actual banishment of Clement L. Vallandigham, a citizen of the State of Ohio, not belonging to the land or naval forces of the United States nor to the militia in actual service, by alleged military authority, for no other pretended crime than that of uttering words of legitimate criticism upon the conduct of the Administration in power and of appealing to the ballot box for a change of policy — said arrest and military trial taking place where the courts of law are open and unobstructed, and for no act done within the sphere of active military operations in carrying on the war — we regard as a palpable violation of the following provisions of the Constitution of the United States:

1. “Congress shall make no law abridging the freedom of speech, or of the press, or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

2. “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.

3. “No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger.

4. “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 ascertained by law.”

And we furthermore denounce said arrest, trial, and banishment as a direct insult offered to the sovereignty of the State of Ohio, by whose organic law it is declared that no person shall be transported out of the State for any offense committed within the same.

16. That Clement L. Vallandigham was at the time of his arrest a prominent candidate for nomination by the Democratic party of Ohio for the office of Governor of the State; that the Democratic party was fully competent to decide whether he is a fit man for that nomination, and that the attempt to deprive them of that right by his arrest and banishment was an unmerited imputation upon their intelligence and loyalty, as well as a violation of the Constitution.

17. That we respectfully, but most earnestly, call upon the President of the United States to restore Clement L. Vallandigham to his home in Ohio, and that a committee of one from each Congressional district of the State, to be selected by the presiding officer of this convention, is hereby appointed to present this application to the President.

The undersigned, in the discharge of the duty assigned them, do not think it necessary to reiterate the facts connected with the arrest, trial, and banishment of Mr. Vallandigham — they are well-known to the President and are of public history — nor to enlarge upon the positions taken by the convention, nor to recapitulate the constitutional provisions which it is believed have been contravened; they have been stated at length and with clearness in the resolutions which have been recited. The undersigned content themselves with brief reference to the other suggestions pertinent to the subject.

They do not call upon Your Excellency as suppliants, praying the revocation of the order banishing Mr. Vallandigham as a favor, but, by the authority of a convention representing a majority of the citizens of the Slate of Ohio, they respectfully ask it as a right due to an American citizen, in whose personal injury the sovereignty and dignity of the people of Ohio as a free State have been offended. And this duty they perform more cordially from the consideration that at a time of great national emergency, pregnant with danger to our Federal Union, it is all important that the friends of the Constitution and the Union, however they may differ as to the mode of administering the Government and the measures most likely to be successful in the maintenance of the Constitution and the restoration of the Union, should not be thrown into conflict with each other.

The arrest, unusual trial, and banishment of Mr. Vallandigham have created widespread and alarming disaffection among the people of the State, not only endangering the harmony of the friends of the Constitution and the Union and tending to disturb the peace and tranquillity of the State, but also impairing that confidence in the fidelity of your Administration to the great landmarks of free government essential to a peaceful and successful enforcement of the laws in Ohio.

You are reported to have used, in a public communication on this subject, the following language:

It gave me pain when I learned that Mr. Vallandigham had been arrested; that is, I was pained that there should have seemed to be a necessity for arresting him, and that it will afford me great pleasure to discharge him so soon as I can by any means believe the public safety will not suffer.

The undersigned assure Your Excellency from our own personal knowledge of the feelings of the people of Ohio that the public safety will be far more endangered by continuing Mr. Vallandigham in exile than by releasing him. It may be true that persons differing from him in political views may be found in Ohio and elsewhere who will express a different opinion. But they are certainly mistaken. Mr. Vallandigham may differ with the President, and even with some of his own political party, as to the true and most effectual means of maintaining the Constitution and restoring the Union, but this difference of opinion does not prove him to be unfaithful to his duties as an American citizen. If a man, devotedly attached to the Constitution and the Union, conscientiously believes that from the inherent nature of the Federal compact the war in the present condition of things in this country cannot be used as a means of restoring the Union, or that a war to subjugate a part of the States, or a war to revolutionize the social system in a part of the States could not restore but would inevitably result in the final destruction of both the Constitution and the Union, is he not to be allowed the right of an American citizen to appeal to the judgment of the people for a change of policy by the constitutional remedy of the ballot box?

During the war with Mexico many of the political opponents of the Administration then in power thought it their duty to oppose and denounce the war and to urge before the people of the country that it was unjust and prosecuted for unholy purposes. With equal reason it might have been said of them that their discussions before the people were calculated to discourage enlistments, “to prevent the raising of troops,” and to induce desertions from the Army and to leave the Government without an adequate military force to carry on the war.

If the freedom of speech and of the press are to be suspended in time of war, then the essential element of popular government to effect a change of policy in the constitutional mode is at an end. The freedom of speech and of the press is indispensable and necessarily incident to the nature of popular government itself. If any inconvenience or evils arise from its exercise they are unavoidable. On this subject you are reported to have said further:

It is asserted, in substance, that Mr. Vallandigham was by a military commander seized and tried “for no other reasons than words addressed to a public meeting in criticism of the course of the Administration and in condemnation of the military order of the general.” Now, if there be no mistake about this, if there was no other reason for the arrest, then I concede that the arrest was wrong; but the arrest, I understand, was made for a very different reason. Mr. Vallandigham avows his hostility to the war on the part of the Union, and his arrest was made because he was laboring with some effect to prevent the raising of troops, to encourage desertions from the Army, and to leave the rebellion without an adequate military force to suppress it. He was not arrested because he was damaging the political prospects of the Administration or the personal interests of the commanding general, but because he was damaging the Army, upon the existence and vigor of which the life of the nation depends. He was warring upon the military, and this gave the military constitutional jurisdiction to lay hands upon him. If Mr. Vallandigham was not damaging the military power of the country, then his arrest was made on mistake of facts, which I would be glad to correct on reasonable satisfactory evidence.

In answer to this, permit us to say, first, that neither the charge nor the specifications in support of the charge on which Mr. Vallandigham was tried impute to him the act of either laboring to prevent the raising of troops or to encourage desertions from the Army; secondly, no evidence on the triad was offered with a view to support any such charge. In what instance and by what act did he either discourage enlistments or encourage desertions in the Army? Who was the man who was discouraged from enlisting and who encouraged to desert by any act of Mr. Vallandigham? If it be assumed that perchance some person might have been discouraged from enlisting, or that some person might have been encouraged to desert on account of hearing Mr. Vallandigham's views as to the policy of the war as a means of restoring the Union, would that have laid the foundation for his conviction and banishment? If so, upon the same grounds every political opponent of the Mexican war might have been convicted and banished from the country.

When gentlemen of high standing and extensive influence, including Your Excellency, opposed in the discussions before the people the policy of the Mexican war, were they “warring upon the military,” and did this “give the military constitutional jurisdiction to lay hands upon” them? And, finally, the charge in the specifications upon which Mr. Vallandigham was tried entitled him to a trial before the civil tribunals, according to the express provision's of the late acts of Congress, approved by yourself July 17, 1862, and March 3, 1863, which were manifestly designed to supersede all necessity or pretext for arbitrary military arrests.

The undersigned are unable to agree with you in the opinion you have expressed that the Constitution is different in time of insurrection or invasion from what it is in time of peace and public security. The Constitution provides for no limitation upon or exceptions to the guarantees of personal liberty, except as to the writ of habeas corpus. Has the President at the time of invasion or insurrection the right to ingraft limitations or exception's upon these constitutional guarantees whenever, in his judgment, the public safety requires it?

True it is, the article of the Constitution which defines the various powers delegated to Congress declares that “the privilege of the writ of habeas corpus shall not be suspended unless when in cases of rebellion or invasion the public safety requires it.” But this qualification or limitation upon this restriction upon the powers of Congress has no reference to or connection with the other constitutional guarantees of personal liberty. Expunge from the Constitution this limitation upon the power of Congress to suspend the writ of habeas corpus, and yet the other guarantees of personal liberty would remain unchanged.

Although a man might not have a constitutional right to have an immediate investigation made as to the legality of his arrest upon habeas corpus, yet his “right to a speedy and public trial by an impartial jury of the State and district wherein the crime shall have been committed” will not be altered; neither will his right to the exemption from “cruel and unusual punishment;” nor his right to be secure in his person, houses, papers, and effects against unreasonable seizures and searches; nor his right not to be deprived of life, liberty, or property without due process of law; nor his right not to be held to answer for a capital or otherwise infamous offense unless on presentment or indictment of a grand jury, be in anywise changed.

And certainly the restriction upon the power of Congress to suspend the writ of habeas corpus in time of insurrection or invasion could not affect the guarantee that the freedom of speech and of the press shall be abridged. It is sometimes urged that the proceedings in the civil tribunals are too tardy and ineffective for cases arising in times of insurrection or invasion. It is a full reply to this to say that arrests by civil process may be equally as expeditious and effective as arrests by military orders.

True, a summary trial and punishment are not allowed in the civil courts, but if the offender be under arrest and imprisoned and not entitled to a discharge on writ of habeas corpus before trial, what more can be required for the purposes of the Government? The idea that all the constitutional guarantees of personal liberty are suspended throughout the country at a time of insurrection or invasion in any part of it places us upon a sea of uncertainty, and subjects the life, liberty, and property of every citizen to the mere will of a military commander or what he may say that he considers the public safety requires. Does Your Excellency wish to have it understood that you hold that the rights of every man throughout this vast country are subject to be annulled whenever you may say that you consider the public safety requires it, in time of invasion or insurrection?

You are further reported as having said that the constitutional guarantees of personal liberty have—

No application to the present case we have in hand, because the arrests complained of were not made for treason — that is, not for the treason defined in the Constitution, and upon the conviction of which the punishment is death — nor yet were they made to hold persons to answer for capital or otherwise infamous crimes — nor were the proceedings following in any constitutional or legal sense “criminal prosecutions.” The arrests were made on totally different grounds and the proceedings following accorded with the grounds of the arrests, &c.

The conclusion to be drawn from this position of Your Excellency is that where a man is liable to “a criminal prosecution” or is charged with a crime known to the laws of the land he is clothed with all the constitutional guarantees for his safety and security from wrong and injustice, but that where he is not liable to “a criminal prosecution” or charged with any crime known to the laws if the President or any military commander shall say that he considers that the public safety requires it this man may be put outside of the pale of the constitutional guarantees and arrested without charge of crime, imprisoned without knowing what for and any length of time, or be tried before a court-martial and sentenced to any kind of punishment unknown to the laws of the land which the President or the military commander may see proper to impose. Did the Constitution intend to throw the shield of its securities around the man liable to be charged with treason as defined by it and yet leave the man not liable to any such charge unprotected by the safeguards of personal liberty and personal security?

Can a man not in the military or naval service nor within the field of the operations of the army be arrested and imprisoned without any law of the land to authorize it? Can a man thus in civil life be punished without any law defining the offense and describing the punishment? If the President or a court-martial may prescribe one kind of punishment unauthorized by law, why not any other kind? Banishment is an unusual punishment and unknown to our laws. If the President has the right to prescribe the punishment of banishment, why not that of death and confiscation of property? If the President has the right to change the punishment prescribed by the court-martial from imprisonment to banishment, why not from imprisonment to torture upon the rack or execution upon the gibbet?

If an indefinable kind of constructive treason is to be introduced and ingrafted upon the Constitution unknown to the laws of the land and subject to the will of the President whenever an insurrection or an invasion shall occur in any part of this vast country, what safety or security will be left for the liberties of the people?

The constructive treasons that gave the friends of freedom so many years of toil and trouble in England were inconsiderable compared to this. The precedents which you make will become a part of the Constitution for your successors if sanctioned and acquiesced in by the people now.

The people of Ohio are willing to co operate zealously with you in every effort warranted by the Constitution to restore the union of the States but they cannot consent to abandon those fundamental principles of civil liberty which are essential to their existence as a free people.

In their name we ask that by a revocation of the order of his banishment Mr. Vallandigham may be restored to the enjoyment of those rights of which they believe he has been unconstitutionally deprived.

We have the honor to be respectfully, yours, &c.,

M. BIRCHARD, Chairman, 19th Dist.
DAVID A. HOUK, Secretary, 3d Dist.
GEO. BLISS, 14th Dist.
T. W. BARTLEY, 8th Dist.
W. J. GORDON, 18th Dist.
JOHN O'NEILL, 13th Dist.
C. A. WHITE, 6th Dist.
W. E. FINCK, 12th Dist.
ALEXANDER LONG, 2d Dist.
J. W. WHITE, 16th Dist.
JAS. R. MORRIS, 15th Dist.
GEO. L. CONVERSE, 7th Dist.
WARREN P. NOBLE, 9th Dist.
GEO. H. PENDLETON, 1st Dist.
W. A. HUTCHINS, 11th Dist.
ABNER L. BACKUS, 10th Dist.
J. F. McKINNEY, 4th Dist.
F. C. LE BLOND, 5th Dist.
LOUIS SHAEFER, 17th Dist.

SOURCE: The War of the Rebellion: A Compilation of the Official Records of the Union and Confederate Armies, Series II, Volume 6 (Serial No. 119), p. 48-53