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- Electoral Commission Act of 1877
Act Creating an Electoral Commission, January 29, 1877. AN ACT to provide for and regulate the counting of votes for President and Vice President, and the decision of questions arising thereon, for the term commencing March fourth, anno Domini eighteen hundred and seventy-seven. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Senate and House of Representatives shall meet in the hall of the House of Representatives, at the hour of one o'clock post meridian, on the first Thursday in February, anno Domini eighteen hundred and seventy-seven; and the President of the Senate shall be their presiding officer. Two tellers shall be previously appointed on the part of the Senate, and two on the part of the House of Representatives, to whom shall be handed, as they are opened by the President of the Senate, all the certificates, and papers purporting to be certificates, of the electoral votes, which certificates and papers shall be opened, presented, and acted upon in the alphabetical order of the States, beginning with the letter A; and said tellers having then read the same in the presence and hearing of the two houses shall make a list of the votes as they shall appear from the said certificates; and the votes having been ascertained and counted as in this act provided, the result of the same shall be delivered to the President of the Senate, who shall thereupon announce the state of the vote, and the names of the persons, if any, elected, which announcement shall be deemed a sufficient declaration of the persons elected President and Vice President of the United States, and, together with a list of the votes, be entered on the journals of the two houses. Upon such reading of any such certificate or paper when there shall be only one return from a State, the President of the Senate shall call for objections, if any. Every objection shall be made in writing, and shall state clearly and concisely, and without argument, the ground thereof, and shall be signed by at least one Senator and one Member of the House of Representatives before the same shall be received. When all objections so made to any vote or paper from a State shall have been received and read, the Senate shall thereupon withdraw and such objections shall be submitted to the Senate for its decision, and the Speaker of the House of Representatives shall, in like manner, submit such objections to the House of Representatives for its decision, and no electoral vote or votes from any State from which but one return has been received shall be rejected except by the affirmative vote of the two houses. When the two houses have voted, they shall immediately again meet, and the presiding officer shall then announce the decision of the question submitted. SECTION 2. That if more than one return, or paper purporting to be a return from a State, shall have been received by the President of the Senate, purporting to be the certificates of electoral votes given at the last preceding election for President and Vice President in such State (unless they shall be duplicates of the same return,) all such returns and papers shall be opened by him in the presence of the two houses when met as aforesaid, and read by the tellers, and all such returns and papers shall thereupon be submitted to the judgment and decision as to which is the true and lawful electoral vote of such State, of a commission constituted as follows, namely: During the session of each house on the Tuesday next preceding the first Thursday in February, eighteen hundred and seventy-seven each house shall, by viva voce vote, appoint five of its members who with the five associate justices of the Supreme Court of the United States, to be ascertained as hereinafter provided, shall constitute a commission for the decision of all questions upon or in respect of such double returns named in this section. On the Tuesday next preceding the first Thursday in February, anno Domini eighteen hundred and seventy-seven, or as soon thereafter as may, be, the associate justices of the Supreme Court of the United States now assigned to the first, third, eighth, and ninth circuits shall select, in such manner as a majority of them shall deem fit, another of the associate justices of said court, which five persons shall be members of said commission, and the person longest in commission of said five justices shall be the president of said commission. The members of said commission shall respectively take and subscribe the following oath: "I,_____ ____ , do solemnly swear (or affirm, as the case may be) that I will impartially examine and consider all questions submitted to the commission of which I am a member, and a true judgment give thereon, agreeably to the Constitution and the laws: so help me God," which oath shall be filed with the Secretary of the Senate. When the commission shall have been thus organized, it shall not be in the power of either house to dissolve the same, or to withdraw any of its members; but if any such Senator or member shall die or become physically unable to perform the duties required by this act, the fact of such death or physical inability shall be by said commission, before it shall proceed further, communicated to the Senate or House of Representatives, as the case may be, which body shall immediately and without debate proceed by viva voce vote to fill the place so vacated, and the person so appointed shall take and subscribe the oath hereinbefore prescribed, and become a member of said commission, and, in like manner, if any of said justices of the Supreme Court shall die or become physically incapable of performing the duties required by this act, the other of said justices, members of the said commission, shall immediately appoint another justice of said court a member of said commission and, in such appointments, regard shall be had to the impartiality and freedom from bias sought by the original appointments to said commission, who shall thereupon immediately take and subscribe the oath hereinbefore prescribed, and become a member of said commission to fill the vacancy so occasioned. All the certificates and papers purporting to be certificates of the electoral votes of each State shall be opened, in the alphabetical order of the States as provided in section one of this act; and when there shall be more than cue such certificate or paper, as the certificate and papers from such State shall so be opened, (excepting duplicates of the same return,) they shall be read by the tellers, and thereupon the President of the Senate shall call for objections, if any. Every objection shall be made in writing, and shall state clearly and concisely, and without argument, the ground thereof, and shall be signed by at least one Senator and one member of the House of Representatives before the same shall be received. When all such objections so made to any certificate, vote, or paper from a State shall have been received and read, all such certificates, votes, and papers so objected to, and all papers accompanying the same, together with such objections, shall be forthwith submitted to said commission, which shall proceed to consider the same, with the same powers, if any, now possessed for that purpose by the two houses acting separately or together, and, by a majority of votes, decide whether any and what votes from such State are the votes provided for by the Constitution of the United States, and how many' and what persons were duly appointed electors in such State, and, may therein take into view such petitions, depositions, and other. papers, if any, as shall, by the Constitution and now existing law, be competent and pertinent in such consideration; which decision shall he made in writing, stating briefly the ground thereof, and signed by the members of said commission agreeing therein; whereupon the two houses shall again meet, and such decision shall be read and entered in the journal of each house, and the counting of the votes shall proceed in conformity therewith, unless, upon objection made thereto in writing by at least five Senators and five members of the House of Representatives, the two houses shall separately concur in ordering otherwise, in which case such concurrent order shall govern. No votes or papers from any other State shall be acted upon until the objections previously made to the votes or papers from any State shall have been finally disposed of. SEC. 3. That while the two houses shall be in meeting, as provided in this act, no debate shall be allowed and no question shall be put by the presiding officer, except to either house on a motion to withdraw, and he shall have power to preserve order. SEC. 4. That when the two houses separate to decide upon an objection that may have been made to the counting of any electoral vote or votes from any State, or upon objection to a report of said commission, or other question arising under this act, each Senator and Representative may speak to such objection or question ten minutes, and not oftener than once; but after such debate shall have lasted two hours, it shall be the duty of each house to put the main question without further debate. SEC. 5. That at such joint meeting of the two houses, seats shall be provided as follows: For the President of the Senate, the Speaker's chair; for the Speaker, immediately upon his left; the Senators in the body of the hall upon the right of the presiding officer; for the Representatives, in the body of the hall not provided for the Senators, for the tellers, Secretary of the Senate, and Clerk of the House of Representatives, at the Clerk's desk; for the other officers of the two houses, in front of the Clerk's desk and upon each side of the Speaker's platform. Such joint meeting shall not be dissolved until the count of electoral votes shall be completed and the result declared; and no recess shall be taken unless a question shall have arisen in regard to counting any such votes, or otherwise under this act, in which case it shall be competent for either house, acting separately, in the manner hereinbefore provided, to direct a recess of such house not beyond the next day, Sunday excepted, at the hour of ten o'clock in the forenoon. And while any question is being considered by said commission, either house may proceed with its legislative or other business. SEC. 6. That nothing in this act shall be held to impair or affect any right now existing under the Constitution and laws to question by proceeding in the judicial courts of the United States, the right or title of the person who shall be declared elected or who shall claim to be President or Vice President of the United States, if any such right exists. SEC. 7. That said commission shall make its own rules, keen a record of its proceedings, and shall have power to employ such persons as may be necessary for the transaction of its business and the execution of its powers. Approved, January 29, 1877. Source: https://avalon.law.yale.edu/19th_century/elect01.asp
- Carter's Address on the Energy Crisis
April 18, 1977 Good evening. Tonight I want to have an unpleasant talk with you about a problem that is unprecedented in our history. With the exception of preventing war, this is the greatest challenge that our country will face during our lifetime. The energy crisis has not yet overwhelmed us, but it will if we do not act quickly. It's a problem that we will not be able to solve in the next few years, and it's likely to get progressively worse through the rest of this century. We must not be selfish or timid if we hope to have a decent world for our children and our grandchildren. We simply must balance our demand for energy with our rapidly shrinking resources. By acting now we can control our future instead of letting the future control us. Two days from now, I will present to the Congress my energy proposals.. Its Members will be my partners, and they have already given me a great deal of valuable advice. Many of these proposals will be unpopular. Some will cause you to put up with inconveniences and to make sacrifices. The most important thing about these proposals is that the alternative may be a national catastrophe. Further delay can affect our strength and our power as a nation. Our decision about energy will test the character of the American people and the ability of the President and the Congress to govern this Nation. This difficult effort will be the "moral equivalent of war," except that we will be uniting our efforts to build and not to destroy. Now, I know that some of you may doubt that we face real energy shortages. The 1973 gas lines are gone, and with this springtime weather, our homes are warm again. But our energy problem is worse tonight than it was in 1973 or a few weeks ago in the dead of winter. It's worse because more waste has occurred and more time has passed by without our planning for the future. And it will get worse every day until we act. The oil and natural gas that we rely on for 75 percent of our energy are simply running out. In spite of increased effort, domestic production has been dropping steadily at about 6 percent a year. Imports have doubled in the last 5 years. Our Nation's economic and political independence is becoming increasingly vulnerable. Unless profound changes are made to lower oil consumption, we now believe that early in the 1980's the world will be demanding more oil than it can produce. The world now uses about 60 million barrels of oil a day, and demand increases each year about 5 percent. This means that just to stay even we need the production of a new Texas every year, an Alaskan North Slope every 9 months, or a new Saudi Arabia every 3 years. Obviously, this cannot continue. We must look back into history to understand our energy problem. Twice in the last several hundred years, there has been a transition in the way people use energy. The first was about 200 years ago, when we changed away from wood--which had provided about 90 percent of all fuel--to coal, which was much more efficient. This change became the basis of the Industrial Revolution. The second change took. place in this century, with the growing use of oil and natural gas. They were more convenient and cheaper than coal, and the supply seemed to be almost without limit. They made possible the age of automobile and airplane travel. Nearly everyone who is alive today grew up during this period, and we have never known anything different. Because we are now running out of gas and oil, we must prepare quickly for a third change--to strict conservation and to the renewed use of coal and to permanent renewable energy sources like solar power. The world has not prepared for the future. During the 1950's, people used twice as much oil as during the 1940's. During the 1960's, we used twice as much as during the 1950's. And in each of those decades, more oil was consumed than in all of man's previous history combined. World consumption of oil is still going up. If it were possible to keep it rising during the 1970's and 1980's by 5 percent a year, as it has in the past, we could use up all the proven reserves of oil in the entire world by the end of the next decade. I know that many of you have suspected that some supplies of oil and gas are being withheld from the market. You may be right, but suspicions about the oil companies cannot change the fact that we are running out of petroleum. All of us have heard about the large oil fields on Alaska's North Slope. In a few years, when the North Slope is producing fully, its total output will be just about equal to 2 years' increase in our own Nation's energy demand. Each new inventory of world oil reserves has been more disturbing than the last. World oil production can probably keep going up for another 6 or 8 years. But sometime in the 1980's, it can't go up any more. Demand will overtake production. We have no choice about that. But we do have a choice about how we will spend the next few years. Each American uses the energy equivalent of 60 barrels of oil per person each year. Ours is the most wasteful nation on Earth. We waste more energy than we import. With about the same standard of living, we use twice as much energy per person as do other countries like Germany, Japan, and Sweden. One choice, of course, is to continue doing what we've been doing before. We can drift along for a few more years. Our consumption of oil would keep going up every year. Our cars would continue to be too large and inefficient. Three-quarters of them would carry only one person--the driver--while our public transportation system continues to decline. We can delay insulating our homes, and they will continue to lose about 50 percent of their heat in waste. We can continue using scarce oil and natural gas to generate electricity and continue wasting two-thirds of their fuel value in the process. If we do not act, then by 1985 we will be using 33 percent more energy than we use today. We can't substantially increase our domestic production, so we would need to import twice as much oil as we do now. Supplies will be uncertain. The cost will keep going up. Six years ago, we paid $3.7 billion for imported oil. Last year we spent $36 billion for imported oil--nearly 10 times as much. And this year we may spend $45 billion. Unless we act, we will spend more than $550 billion for imported oil by 1985--more than $2,500 for every man, woman, and child in America. Along with that money that we transport overseas, we will continue losing American jobs and become increasingly vulnerable to supply interruptions. Now we have a choice. But if we wait, we will constantly live in fear of embargoes. We could endanger our freedom as a sovereign nation to act in foreign affairs. Within 10 years, we would not be able to import enough oil from any country, at any acceptable price. If we wait and do not act, then our factories will not be able to keep our people on the job with reduced supplies of fuel. Too few of our utility companies will have switched to coal, which is our most abundant energy source. We will not be ready to keep our transportation system running with smaller and more efficient cars and a better network of buses, trains, and public transportation. We will feel mounting pressure to plunder the environment. We will have to have a crash program to build more nuclear plants, strip mine and bum more coal, and drill more offshore wells than if we begin to conserve right now. Inflation will soar; production will go down; people will lose their jobs. Intense competition for oil will build up among nations and also among the different regions within our own country. This has already started. If we fail to act soon, we will face an economic, social, and political crisis that will threaten our free institutions. But we still have another choice. We can begin to prepare right now. We can decide to act while there is still time. That is the concept of the energy policy that we will present on Wednesday. Our national energy plan is based on 10 fundamental principles. The first principle is that we can have an effective and comprehensive energy policy only if the Government takes responsibility for it and if the people understand the seriousness of the challenge and are willing to make sacrifices. The second principle is that healthy economic growth must continue. Only by saving energy can we maintain our standard of living and keep our people at work. An effective conservation program will create hundreds of thousands of new jobs. The third principle is that we must protect the environment. Our energy problems have the same cause as our environmental problems-wasteful use of resources. Conservation helps us solve both problems at once. The fourth principle is that we must reduce our vulnerability to potentially devastating embargoes. We can protect ourselves from uncertain supplies by reducing our demand for oil, by making the most of our abundant resources such as coal, and by developing a strategic petroleum reserve. The fifth principle is that we must be fair. Our solutions must ask equal sacrifices from every region, every class of people, and every interest group. Industry will have to do its part to conserve just as consumers will. The energy. producers deserve fair treatment, but we will not let the oil companies profiteer. The sixth principle, and the cornerstone of our policy, is to reduce demand through conservation. Our emphasis on conservation is a clear difference between this plan and others which merely encouraged crash production efforts. Conservation is the quickest, cheapest, most practical source of energy. Conservation is the only way that we can buy a barrel of oil for about $2. It costs about $13 to waste it. The seventh principle is that prices should generally reflect the true replacement cost of energy. We are only cheating ourselves if we make energy artificially cheap and use more than we can really afford. The eighth principle is that Government policies must be predictable and certain. Both consumers and producers need policies they can count on so they can plan ahead. This is one reason that I'm working with the Congress to create a new Department of Energy to replace more than 50 different agencies that now have some control over energy. The ninth principle is that we must conserve the fuels that are scarcest and make the most of those that are plentiful. We can't continue to use oil and gas for 75 percent of our consumption, as we do now, when they only make up 7 percent of our domestic reserves. We need to shift to plentiful coal, while taking care to protect the environment, and to apply stricter safety standards to nuclear energy. The tenth and last principle is that we must start now to develop the new, unconventional sources of energy that we will rely on in the next century. Now, these 10 principles have guided the development of the policy that I will describe to you and the Congress on Wednesday night. Our energy plan will also include a number of specific goals to measure our progress toward a stable energy system. These are the goals that we set for 1985: --to reduce the annual growth rate in our energy demand to less than 2 percent; --to reduce gasoline consumption by 10 percent below its. current level; --to cut in half the portion of U.S. oil which is imported--from a potential level of 16 million barrels to 6 million barrels a day; --to establish a strategic petroleum reserve of one billion barrels, more than a 6-months supply; --to increase our coal production by about two-thirds to more than one billion tons a year;--to insulate 90 percent of American homes and all new buildings;--to use solar energy in more than 2 1/2 million houses. We will monitor our progress toward these goals year by year. Our plan will call for strict conservation measures if we fall behind. I can't tell you that these measures will be easy, nor will they be popular. But I think most of you realize that a policy which does not ask for changes or sacrifices would not be an effective policy at this late date. This plan is essential to protect our jobs, our environment, our standard of living, and our future. Whether this plan truly makes a difference will not be decided now here in Washington but in every town and every factory, in every home and on every highway and every farm. I believe that this can be a positive challenge. There is something especially American in the kinds of changes that we have to make. We've always been proud, through our history, of being efficient people. We've always been proud of our ingenuity, our skill at answering questions. Now we need efficiency and ingenuity more than ever. We've always been proud of our leadership in the world. And now we have a chance again to give the world a positive example. We've always been proud of our vision of the future. We've always wanted to give our children and our grandchildren a world richer in possibilities than we have had ourselves. They are the ones that we must provide for now. They are the ones who will suffer most if we don't act. I've given you some of the principles of the plan. I'm sure that each of you will find something you don't like about the specifics of our proposal. It will demand that we make sacrifices and changes in every life. To some degree, the sacrifices will be painful--but so is any meaningful sacrifice. It will lead to some higher costs and to some greater inconvenience for everyone. But the sacrifices can be gradual, realistic, and they are necessary. Above all, they will be fair. No one will gain an unfair advantage through this plan. No one will be asked to bear an unfair burden. We will monitor the accuracy of data from the oil and natural gas companies for the first time, so that we will always know their true production, supplies, reserves, and profits. Those citizens who insist on driving large, unnecessarily powerful cars must expect to pay more for that luxury. We can be sure that all the special interest groups in the country will attack the part of this plan that affects them directly. They will say that sacrifice is fine as long as other people do it, but that their sacrifice is unreasonable or unfair or harmful to the country. If they succeed with this approach, then the burden on the ordinary citizen, who is not organized into an interest group, would be crushing. There should be only one test for this program--whether it will help our country. Other generations of Americans have faced and mastered great challenges. I have faith that meeting this challenge will make our own lives even richer. If you will join me so that we can work together with patriotism and courage, we will again prove that our great Nation can lead the world into an age of peace, independence, and freedom. Thank you very much, and good night. Source: https://www.presidency.ucsb.edu/documents/address-the-nation-energy
- Bush's Address on the End to the Gulf War
Bush's Address on the End to the Gulf War
- Letter to the Inhabitants of America - Benedict Arnold
I should forfeit even in my own Opinion, the place I have so long held in yours, if I could be indifferent to your Approbation, and silent on the Motives which have induced me to join the King’s Arms. A very few words, however, shall suffice upon a Subject so personal, for to the thousands who suffer under the tyranny of the Usurpers in the revolted Provinces, as well as to the great multitude who have long wished for its Subversion, this instance of my Conduct can want no Vindication, as to that class of Men who are Criminally protracting the War from Sinister Views, at the expense of the Public Interest, I prefer their Enmity to their applause. I am only, therefore, Concerned in this address to explain myself to such of my Countrymen as want Abilities or Opportunities to detect the Artifices by which they are duped. Having fought by your side when the love of our Country animated our Arms, I shall expect from your Justice and Candor, what your deceivers, with more Art and less honesty, will find it inconsistent with their own Views to admit. When I quitted Domestick happiness for the Perils of the Field, I conceived the rights of my Country in Danger, and that Duty and Honor called me to her Defence-a Redress of Grievances was my only Object and aim; however, I acquiesced in a step which I thought precipitate the Declaration of Independence; to Justify the measure many plausible reasons were urged, which could no longer exist, when Great Britain with the open arms of a Parent offered to embrace us as Children, and grant the wished for redress. And now that her worst Enemies are in her own bosom, I should change my Principles, If I conspired with their Designs. Yourselves being Judges, was the war the less Just, because Fellow Subjects were considered as our Foes? You have felt the torture in which we raised our arms against a Brother-God Incline the Guilty protractors of these unnatural Dissentions, to resign their Ambition, and Cease from their Delusions, in Compassion to kindred blood. I anticipate your question: was not the War a defensive one until the French Joined in the Combination? I answer, that I thought so. You will add, was it not afterwards necessary till the Separation of the British Empire was compleat? By no means; in Contending for the Welfare of my Country, I am free to declare my Opinion, that this End attained, all strife should have ceased. I lamented therefore the Impolicy, tyranny, and Injustice, which with a Sovereign Contempt of the People of America, studiously neglected to take their Collective Sentiments of the British proposals of Peace, and to negotiate under a suspension of Arms, for an adjustment of differences, as a dangerous Sacrifice of the great Interest of this Country to the Partial Views of a Proud, Antient, and Crafty Foe. I had my suspicions of some imperfections in Our Councils, on Proposals prior to the Parliamentary Commission of 1778; but having then less to do in the Cabinet than the Field (I will not pronounce peremptorily as some may, and perhaps Justly, that Congress have veiled them from the Publick Eye), I continued to be guided in the negligent Confidence of a soldier. But the whole world saw, and all America confessed, the Overtures of the Second Commission exceeded our wishes and expectations. If there was any Suspicion of the National liberality, it arose from its excess. Do any believe we were at that time really entangled by an Alliance with France? Unfortunate deception! and thus they have been duped by a virtuous Credulity, in the incautious moments of intemperate passion, to give up their fidelity to serve a Nation counting both the will and the power to protect us, and aiming at the Destruction both of the Mother Country and the Provinces. In the Plainess of Common Sense, for I pretend to no Casuistry, did the pretended Treaty with the Court of Versailles amount to more than an Overture to America? Certainly not, because no Authority had been given by the People to conclude it, nor to this very hour have they authorized its ratification-the Articles of Confederation remain still unsigned. In the firm persuasion, therefore, that the private Judgment of any Individual Citizen of this Country is as free from all Conventional Restraints since, as before the Insidious offers of France, I preferred those from Great Britain, thinking it infinitely wiser and safer to cast my Confidence upon her Justice and Generosity, than to trust a Monarchy too feeble to establish your Independency, so Perilous to her distant Dominions; the Enemy of the Protestant Faith, and fraudulently avowing an affection for the liberties of mankind, while she holds her Native Sons in Vassalage and Chains. I affect no disguise, and therefore Frankly declare that in these Principles, I had determined to retain my arms and Command for an opportunity to surrender them to Great Britain, and in concerting the Measures for a purpose, in my Opinion, as grateful as it would have been beneficial to my Country; I was only solicitous to accomplish an event of decisive Importance, and to prevent, as much as possible in the Execution of it, the Effusion of blood. With the highest satisfaction I bear testimony to my old Fellow Soldiers and Citizens; that I find solid Ground to rely upon the Clemency of our Sovereign, and abundant Conviction that it is the generous Intention of Great Britain, not only to have the Rights and privileges of the Colonies unimpaired, together with their perpetual exemption from taxation, but to superadd such further benefits as may consist with the Common prosperity of the Empire. In short, I fought for much less than the Parent Country is as willing to grant to her Colonies, as they can be to receive or enjoy. Some may think I continued in the struggle of those unhappy days too long, and others that I quitted it too soon. To the first I reply, that I did not see with their Eyes, nor perhaps had so favorable a situation to look from, and that to one Common Master I am willing to stand or fall. In behalf of the Candid among the latter, some of whom I believe serve blindly but honestly in the Ranks I have left, I pray God to give them all the lights requisite to their Own Safety before it is too late; and with respect to that kind of Censurers whose Enmity to me Originates in their hatred to the Principles, by which I am now led to devote my life to the Reunion of the British Empire, as the best and only means to dry up the streams of misery that have deluged this country, they may be assured that, Conscious of the Rectitude of my Intentions, I shall treat their Malice and Calumnies with Contempt and neglect. NEW YORK, Oct. 7th, 1780. Source: https://teachingamericanhistory.org/document/letter-to-the-inhabitants-of-america/
- JFK's Address on the Nuclear Test Ban Treaty
Good evening, my fellow citizens: I speak to you tonight in a spirit of hope. Eighteen years ago the advent of nuclear weapons changed the course of the world as well as the war. Since that time, all mankind has been struggling to escape from the darkening prospect of mass destruction on earth. In an age when both sides have come to possess enough nuclear power to destroy the human race several times over, the world of communism and the world of free choice have been caught up in a vicious circle of conflicting ideology and interest. Each increase of tension has produced an increase of arms; each increase of arms has produced an increase of tension. In these years, the United States and the Soviet Union have frequently communicated suspicion and warnings to each other, but very rarely hope. Our representatives have met at the summit and at the brink; they have met in Washington and in Moscow; in Geneva and at the United Nations. But too often these meetings have produced only darkness, discord, or disillusion. Yesterday a shaft of light cut into the darkness. Negotiations were concluded in Moscow on a treaty to ban all nuclear tests in the atmosphere, in outer space, and under water. For the first time, an agreement has been reached on bringing the forces of nuclear destruction under international control--a goal first sought in 1946 when Bernard Baruch presented a comprehensive control plan to the United Nations. That plan, and many subsequent disarmament plans, large and small, have all been blocked by those opposed to international inspection. A ban on nuclear tests, however, requires on-the-spot inspection only for underground tests. This Nation now possesses a variety of techniques to detect the nuclear tests of other nations which are conducted in the air or under water, for such tests produce unmistakable signs which our modern instruments can pick up. The treaty initialed yesterday, therefore, is a limited treaty which ,permits continued underground testing and prohibits only those tests that we ourselves can police. It requires no control posts, no onsite inspection, no international body. We should also understand that it has other limits as well. Any nation which signs the treaty will have an opportunity to withdraw if it finds that extraordinary events related to the subject matter of the treaty have jeopardized its supreme interests; and no nation's right of self-defense will in any way be impaired. Nor does this treaty mean an end to the threat of nuclear war. It will not reduce nuclear stockpiles; it will not halt the production of nuclear weapons; it will not restrict their use in time of war. Nevertheless, this limited treaty will radically reduce the nuclear testing which would otherwise be conducted on both sides; it will prohibit the United States, the United Kingdom, the Soviet Union, and all others who sign it, from engaging in the atmospheric tests which have so alarmed mankind; and it offers to all the world a welcome sign of hope. For this is not a unilateral moratorium, but a specific and solemn legal obligation. While it will not prevent this Nation from testing underground, or from being ready to conduct atmospheric tests if the acts of others so require, it gives us a concrete opportunity to extend its coverage to other nations and later to other forms of nuclear tests. This treaty is in part the product of Western patience and vigilance. We have made clear--most recently in Berlin and Cuba-our deep resolve to protect our security and our freedom against any form of aggression. We have also made clear our steadfast determination to limit the arms race. In three administrations, our soldiers and diplomats have worked together to this end, always supported by Great Britain. Prime Minister Macmillan joined with President Eisenhower in proposing a limited test ban in 1959, and again with me in 1961 and 1962. But the achievement of this goal is not a victory for one side--it is a victory for mankind. It reflects no concessions either to or by the Soviet Union. It reflects simply our common recognition of the dangers in further testing. This treaty is not the millennium. It will not resolve all conflicts, or cause the Communists to forego their ambitions, or eliminate the dangers of war. It will not reduce our need for arms or allies or programs of assistance to others. But it is an important first step--a step towards peace--a step towards reason--a step away from war. Here is what this step can mean to you and to your children and your neighbors: First, this treaty can be a step towards reduced world tension and broader areas of agreement. The Moscow talks have reached no agreement on any other subject, nor is this treaty conditioned on any other matter. Under Secretary Harriman made it clear that any nonaggression arrangements across the division in Europe would require full consultation with our allies and full attention to their interests. He also made clear our strong preference for a more comprehensive treaty banning all tests everywhere, and our ultimate hope for general and complete disarmament. The Soviet Government, however, is still unwilling to accept the inspection such goals require. No one can predict with certainty, therefore, what further agreements, if any, can be built on the foundations of this one. They could include controls on preparations for surprise attack, or on numbers and type of armaments. There could be further limitations on the spread of nuclear weapons. The important point is that efforts to seek new agreements will go forward. But the difficulty of predicting the next step is no reason to be reluctant about this step. Nuclear test ban negotiations have long been a symbol of East-West disagreement. If this treaty can also be a symbol-if it can symbolize the end of one era and the beginning of another--if both sides can by this treaty gain confidence and experience in peaceful collaboration--then this short and simple treaty may well become an historic mark in man's age-old pursuit of peace. Western policies have long been designed to persuade the Soviet Union to renounce aggression, direct or indirect, so that their people and all people may live and let live in peace. The unlimited testing of new weapons of war cannot lead towards that end--but this treaty, if it can be followed by further progress, can clearly move in that direction. I do not say that a world without aggression or threats of war would be an easy world. It will bring new problems, new challenges from the Communists, new dangers of relaxing our vigilance or of mistaking their intent. But those dangers pale in comparison to those of the spiraling arms race and a collision course towards war. Since the beginning of history, war has been mankind's constant companion. It has been the rule, not the exception. Even a nation as young and as peace-loving as our own has fought through eight wars. And three times in the last two years and a half I have been required to report to you as President that this Nation and the Soviet Union stood on the verge of direct military confrontation--in Laos, in Berlin, and in Cuba. A war today or tomorrow, if it led to nuclear war, would not be like any war in history. A full-scale nuclear exchange, lasting less than 60 minutes, with the weapons now in existence, could wipe out more than 300 million Americans, Europeans, and Russians, as well as untold numbers elsewhere. And the survivors, as Chairman Khrushchev warned the Communist Chinese, "the survivors would envy the dead." For they would inherit a world so devastated by explosions and poison and fire that today we cannot even conceive of its horrors. So let us try to turn the world away from war. Let us make the most of this opportunity, and every opportunity, to reduce tension, to slow down the perilous nuclear arms race, and to check the world's slide toward final annihilation. Second, this treaty can be a step towards freeing the world from the fears and dangers of radioactive fallout. Our own atmospheric tests last year were conducted under conditions which restricted such fallout to an absolute minimum. But over the years the number and the yield of weapons tested have rapidly increased and so have the radioactive hazards from such testing. Continued unrestricted testing by the nuclear powers, joined in time by other nations which may be less adept in limiting pollution, will increasingly contaminate the air that all of us must breathe. Even then, the number of children and grandchildren with cancer in their bones, with leukemia in their blood, or with poison in their lungs might seem statistically small to some, in comparison with natural health hazards. But this is not a natural health hazard--and it is not a statistical issue. The loss of even one human life, or the malformation of even one baby--who may be born long after we are gone--should be of concern to us all. Our children and grandchildren are not merely statistics toward which we can be indifferent. Nor does this affect the nuclear powers alone. These tests befoul the air of all men and all nations, the committed and the uncommitted alike, without their knowledge and without their consent. That is why the continuation of atmospheric testing causes so many countries to regard all nuclear powers as equally evil; and we can hope that its prevention will enable those countries to see the world more clearly, while enabling all the world to breathe more easily. Third, this treaty can be a step toward preventing the spread of nuclear weapons to nations not now possessing them. During the next several years, in addition to the four current nuclear powers, a small but significant number of nations will have the intellectual, physical, and financial resources to produce both nuclear weapons and the means of delivering them. In time, it is estimated, many other nations will have either this capacity or other ways of obtaining nuclear warheads, even as missiles can be commercially purchased today. I ask you to stop and think for a moment what it would mean to have nuclear weapons in so many hands, in the hands of countries large and small, stable and unstable, responsible and irresponsible, scattered throughout the world. There would be no rest for anyone then, no stability, no real security, and no chance of effective disarmament. There would only be the increased chance of accidental war, and an increased necessity for the great powers to involve themselves in what otherwise would be local conflicts. If only one thermonuclear bomb were to be dropped on any American, Russian, or any other city, whether it was launched by accident or design, by a madman or by an enemy, by a large nation or by a small, from any corner of the world, that one bomb could release more destructive power on the inhabitants of that one helpless city than all the bombs dropped in the Second World War. Neither the United States nor the Soviet Union nor the United Kingdom nor France can look forward to that day with equanimity. We have a great obligation, all four nuclear powers have a great obligation, to use whatever time remains to prevent the spread of nuclear weapons, to persuade other countries not to test, transfer, acquire, possess, or produce such weapons. This treaty can be the opening wedge in that campaign. It provides that none of the parties will assist other nations to test in the forbidden environments. It opens the door for further agreements on the control of nuclear weapons, and it is open for all nations to sign, for it is in the interest of all nations, and already we have heard from a number of countries who wish to join with us promptly. Fourth and finally, this treaty can limit the nuclear arms race in ways which, on balance, will strengthen our Nation's security far more than the continuation of unrestricted testing. For in today's world, a nation's security does not always increase as its arms increase, when its adversary is doing the same, and unlimited competition in the testing and development of new types of destructive nuclear weapons will not make the world safer for either side. Under this limited treaty, on the other hand, the testing of other nations could never be sufficient to offset the ability of our strategic forces to deter or survive a nuclear attack and to penetrate and destroy an aggressor's homeland. We have, and under this treaty we will continue to have, the nuclear strength that we need. It is true that the Soviets have tested nuclear weapons of a yield higher than that which we thought to be necessary, but the hundred megaton bomb of which they spoke 2 years ago does not and will not change the balance of strategic power. The United States has chosen, deliberately, to concentrate on more mobile and more efficient weapons, with lower but entirely sufficient yield, and our security is, therefore, not impaired by the treaty I am discussing. It is also true, as Mr. Khrushchev would agree, that nations cannot afford in these matters to rely simply on the good faith of their adversaries. We have not, therefore, overlooked the risk of secret violations. There is at present a possibility that deep in outer space, that hundreds and thousands and millions of miles away from the earth illegal tests might go undetected. But we already have the capability to construct a system of observation that would make such tests almost impossible to conceal, and we can decide at any time whether such a system is needed in the light of the limited risk to us and the limited reward to others of violations attempted at that range. For any tests which might be conducted so far out in space, which cannot be conducted more easily and efficiently and legally underground, would necessarily be of such a magnitude that they would be extremely difficult to conceal. We can also employ new devices to check on the testing of smaller weapons in the lower atmosphere. Any violations, moreover, involves, along with the risk of detection, the end of the treaty and the worldwide consequences for the violator. Secret violations are possible and secret preparations for a sudden withdrawal are possible, and thus our own vigilance and strength must be maintained, as we remain ready to withdraw and to resume all forms of testing, if we must. But it would be a mistake to assume that this treaty will be quickly broken. The gains of illegal testing are obviously slight compared to their cost, and the hazard of discovery, and the nations which have initialed and will sign this treaty prefer it, in my judgment, to unrestricted testing as a matter of their own self-interests for these nations, too, and all nations, have a stake in limiting the arms race, in holding the spread of nuclear weapons, and in breathing air that is not radioactive. While it may be theoretically possible to demonstrate the risks inherent in any treaty, and such risks in this treaty are small, the far greater risks to our security are the risks of unrestricted testing, the risk of a nuclear arms race, the risk of new nuclear powers, nuclear pollution, and nuclear war. This limited test ban, in our most careful judgment, is safer by far for the United States than an unlimited nuclear arms race. For all these reasons, I am hopeful that this Nation will promptly approve the limited test ban treaty. There will, of course, be debate in the country and in the Senate. The Constitution wisely requires the advice and consent of the Senate to all treaties, and that consultation has already begun. All this is as it should be. A document which may mark an historic and constructive opportunity for the world deserves an historic and constructive debate. It is my hope that all of you will take part in that debate, for this treaty is for all of us. It is particularly for our children and our grandchildren, and they have no lobby here in Washington. This debate will involve military, scientific, and political experts, but it must be not left to them alone. The right and the responsibility are yours. If we are to open new doorways to peace, if we are to seize this rare opportunity for progress, if we are to be as bold and farsighted in our control of weapons as we have been in their invention, then let us now show all the world on this side of the wall and the other that a strong America also stands for peace. There is no cause for complacency. We have learned in times past that the spirit of one moment or place can be gone in the next. We have been disappointed more than once, and we have no illusions now that there are shortcuts on the road to peace. At many points around the globe the Communists are continuing their efforts to exploit weakness and poverty. Their concentration of nuclear and conventional arms must still be deterred. The familiar contest between choice and coercion, the familiar places of danger and conflict, are all still there, in Cuba, in Southeast Asia, in Berlin, and all around the globe, still requiring all the strength and the vigilance that we can muster. Nothing could more greatly damage our cause than if we and our allies were to believe that peace has already been achieved, and that our strength and unity were no longer required. But now, for the first time in many years, the path of peace may be open. No one can be certain what the future will bring. No one can say whether the time has come for an easing of the struggle. But history and our own conscience will judge us harsher if we do not now make every effort to test our hopes by action, and this is the place to begin. According to the ancient Chinese proverb, "A journey of a thousand miles must begin with a single step." My fellow Americans, let us take that first step. Let us, if we can, step back from the shadows of war and seek out the way of peace. And if that journey is a thousand miles, or even more, let history record that we, in this land, at this time, took the first step. Thank you and good night. Source: https://www.presidency.ucsb.edu/documents/radio-and-television-address-the-american-people-the-nuclear-test-ban-treaty
- James Madison's Opinion on the Nullification Crisis
Dear Sir I recd. in due time your favor inclosing your two late Speeches, and requesting my views of the subject they discuss. The Speeches could not be read without leaving a strong impression of the ability & eloquence which have justly called forth the eulogies of the public. But there are doctrines espoused (in them) from which I am constrained to dissent. I allude particularly to the doctrine which I understand to assert "that the States (perhaps their Governments) have, singly, a constitutional right to resist & by force annul within itself, acts of the Government of the U. S. which it deems unauthorized by the Constitution of the U. S.; although such acts be not within the extreme cases of oppression, which justly absolve the State from the Constitutional compact to which it is a party." It appears to me that in deciding on the character of the Constitution of the U. S. it is not sufficiently kept in view, that being an unprecedented modification of the Powers of Govt. it must not be looked at thro’ the refracting medium either of a consolidated Government, or of a Confederated Govt: that being essentially different from both, it must be its own interpreter, according to its text and the facts of the case. Its characteristic peculiarities are 1. the mode of its formation, 2. its division of the Supreme powers of Govt. between the States in their united capacity, and the States in their individual capacities. 1. It was formed not by the Governments of the States as the Federal Government, superseded by it was formed; nor by a majority of the people of the U. S. as a single Community, in the manner of a consolidated Government. It was formed by the States, that is by the people of each State, acting in their highest sovereign capacity thro’ conventions representing them in that capacity, in like manner and by the same authority, as the State Constitutions were formed; with this characteristic & essential difference that the Constitution of the U. S. being a compact among the States that is the people making them, the parties to the compact, even one people for specified objects, cannot be revoked or changed at the will of any State, within its limits as the Constitution of a State may be changed at the will of the State, that is, the people who compose the State and & are the parties to its Constitution. The idea of a compact between the Governors & the Governed was exploded with the Royal doctrine that the Government was held by some tenure independent of the people. The Constitution of the U. S. is therefore within its prescribed sphere a Constitution in as strict a sense of the term, as are the Constitutions of the individual States, within their respective spheres. 2. And that it divides the supreme powers of Govt. between the two Governments is seen on the face of it; the powers of war & taxation, that is of the sword & the purse, of commerce and of treaties, &ce. vested in the Govt. of the U. S. being of as high a character as any of the powers reserved to the State Govts. If we advert to the Govt. of the U. S. as created by the Constitution it is found also to be a Govt. in as strict a sense of the term, within the sphere of its powers, as the Govts. created by the Constitutions of the States are within their respective spheres. It is like them organized into a Legislative, Executive, & Judicial Dept. It has, like them, acknowledged cases, in which the powers of those Departments are to operate. And the operation is to be the same in both; that is directly on the persons & things submitted to their power. The concurrent operation in certain cases is one of the features constituting the peculiarity of the System. Between these two Constitutional Govts., the one operating in all the States, the others operating in each respectively; with the aggregate powers of Govt. divided between them, it could not escape attention, that controversies concerning the boundary of Jurisdiction, would arise, and that without some adequate provision for deciding them, conflicts of physical force might ensue. A political System that does not provide for a peaceable & authoritative termination of occurring controversies, can be but the name & shadow of a Govt: the very object & and end of a real Govt. being the substitution of law & order for uncertainty confusion & violence. That a final decision of such controversies, if left to each of 13 States now 24, with a prospective increase, would make the Constitution & laws of the U. S. different in different States, was obvious; and equally obvious that this diversity of independent decisions must disorganize the Government of the Union, and even decompose the Union itself. Against such fatal consequences the Constitution undertakes to guard 1. by declaring that the Constitution & laws of the States in their united capacity shall have effect & any thing in the Constitution or laws of any State in its individual capacity to the contrary notwithstanding: by giving to the Judicial Authority of the U. S, an appellate supremacy in all cases arising under the Constitution; & within the course of its functions; arrangements supposed to be justified by the necessity of the case; and by the agency of the people & Legislatures of the States in electing & appointing the Functionaries of the Common Govt., whilst no corresponding relation existed between the latter, and the Functionaries of the States 2. Should these provisions be found notwithstanding the responsibility of the functionaries of the Govt. of the U. S. to the Legislatures & people of the States not to secure the State Govts. against usurpations of the Govt. of the United States, there remains within the purview of the Constn. an impeachment of the Executive & Judicial Functionaries, in case of their participation in the guilt, the prosecution to depend on the Representatives of the people in one branch, and the trial on the Representatives of the States in the other branch of the Govt. of the U. S. 3. The last resort within the purview of the Constn. is the process of amendment provided for by itself, and to be executed by the States. Whether these provisions taken together be the best that might have been made: and if not, what are the improvements that ought to be introduced, are questions altogether distinct from the object presented by your communication, which relates to the Constitution as it stands. In the event of a failure of all these Constitutional resorts against usurpations and abuses of power and of an accumulation thereof rendering passive obedience & non resistance a greater evil, than resistance & revolution, there can remain but one resort, the last of all, the appeal from the cancelled obligations of the Constitutional compact, to original rights and the law of self-preservation. This is the ultima ratio, under all Governments, whether consolidated, confederated, or partaking of both those characters. Nor can it be doubted, that in such an extremity a single State would have a right, tho’ it would be a natural not a constitutional Right to make the appeal. The same may be said indeed of particular portions of any political Community whatever, so oppressed as to be driven to a choice between the alternative evils. The proceedings of the Virginia Legislature (occasioned by the Alien & Sedition Acts) in which I had a participation, have been understood it appears, as asserting a Constitutional right, in a single State to nullify laws of the U. S. that is to resist and prevent by force the execution of them, within the State. It is due to the distinguished names, who have given that construction to the Resolutions and the Report on them, to suppose that the meaning of the Legislature though expressed with a discrimination and fulness sufficient at the time may have been somewhat obscured by an oblivion, of cotemporary indications and impressions. But it is believed that by keeping in view distinctions, (an inattention to which is often observable in the ablest discussions of the subjects embraced in those proceedings) between the Governments of the States, & the States in the sense in which they were parties to the Constitution; between the several modes and objects of interposition agst. the abuses of Power; and more especially between interpositions within the purview of the Constitution; and interpositions appealing from the Constitution to the rights of nature, paramount to all Constitutions; with these distinctions kept in view, and an attention always of explanatory use, to the views and arguments, which are combated, a confidence is felt that the Resolutions of Virga. as vindicated in the Report on them, are entitled to an exposition, shewing a consistency in their parts, and an inconsistency of the whole with the doctrine under consideration. On recurring to the printed Debates in the House of Delegates on the occasion, which were ably conducted, and are understood to have been, for the most part at least, revised by the Speakers, the tenor of them does not disclose any reference to a Constitutional right in an individual State to arrest by force the operation of a law of the U. S. Concert among the States for redress agst. the Alien & Sedition laws, as acts of usurped power, was a leading sentiment, and the attainment of a Concert, the immediate object of the course adopted, which was an invitation to the other States "to concur in declaring the Acts to be unconstitutional, and to co-operate by the necessary & proper measures in maintaining unimpaired. "The authorities rights and liberties reserved to the States respectively or to the people": That by the necessary & proper measures to be concurrently & cooperatively taken, were meant measures known to the Constitution, particularly controul of the Legislatures and people of the States over the Congs. of the U. S. cannot well be doubted. It is worthy of remark, and explanatory of the intentions of the Legislature, that the words "and not law, but utterly null void & of no force or effect"* which in the Resolution before the House followed the word unconstitutional, were near the close of the debates stricken out by common consent. It appears that the words had been regarded as only surplusage by the friends of the Resolution; but lest they should be misconstrued into a nullifying import instead of a declaration of opinion, the word unconstitutional alone was retained, as more safe agst. that error. The term nullification to which such an important meaning is now attached, was never a part of the Resolutions and appears not to have been contained in the Kentucky Resolutions as originally passed; but to have been introduced at an after date. *Whether these words were in the draft from my pen or added before the Resolutions were introduced by the member who withdrew [them?] I am not authorised to say, no Copy of the draft having been retained & the memory not to be trusted after such a lapse of time. I certainly never disapproved the erasure of them. Another and still more conclusive evidence of the intentions of the Legislature is given in their Address to their Constituents, accompanyg. the publication of their Resolns. The address warns them, agst. the encroaching spirit of the Genl. Govt; argues the unconstitutionality of the Alien & Sedition laws; enumerates the other instances in which the Constitutional limits had been overleaped; dwells on the dangerous mode of deriving power by implication; and in general presses the necessity of watching over the consolidating tendency of the Fedl. policy: But nothing is said that can be understood to look to means of maintaing the rights of the States beyond the regular ones within the forms of the Constitution. If any further lights on the subject could be needed a very strong one is reflected from the answers given to the Resolutions by the States who protested agst. them. Their great objection, with a few undefined complaints of the spirit & character of the Resolutions, was directed agst. the assumed authority of a State Legislature to declare a law of the U. S. to be unconstitutional, which they considered an unwarrantable interference with the exclusive jurisdiction of the Supreme Court of the U. S. Had the Resolutions been regarded as avowing & maintaining a right in an individual State to arrest by force the execution of a law of the U. S. it must be presumed; that it would have been a pointed and conspicuous object of their denunciation. In this review I have not noticed the idea entertained by some that disputes between the Govt. of the U. S. and those of the individual States may & must be adjusted by negociation, as between independent Powers. Such a mode, as the only one of deciding such disputes, would seem to be as expressly at variance with the language and provisions of the Constitution, as in a practical view it is pregnant with consequences subversive of the Constitution. It may have originated in a supposed analogy to the negociating process, in cases of disputes between separate branches or Departments of the same Govt: but the analogy does not exist. In the case of disputes between independent parts of the same Govt. neither of them being able to consummate its pretensions, nor the Govt. to proceed without a co-operation of the several parts and necessity brings about an adjustment. In disputes between a State Govt and the Govt. of the U S. the case is both theoretically & practically different; each party possessing all the Departments of an organized Governmt Legislative Ex. & Judy.; and having each a physical force at Command. This idea of an absolute separation & independence between the Govt. of the U. S. and the State Govts as if they belonged to different nations alien to each other has too often tainted the reasoning applied to Constitutional questions. Another idea not less unsound and sometimes presenting itself is, that a cession of any part of the rights of Sovereignty, is inconsistent with the nature of sovereignty, or at least a degradation of it. This would certainly be the case, if the Cession was not both mutual & equal: but where there is both mutuality & equality, there is no real sacrifice on either side, each gaining as much as it grants, and the only point to be considered is the expediency of the compact, and that to be sure, is a point that ought to be well considered. On this principle it is that Treaties are admissible between Independent Powers, [wholly] alien to each= other, although privileges may be granted by each of the parties at the expense of its internal jurisdiction. On the same principle it is that individuals entering into the social State surrender a portion of their equal rights as men. If a part only made the surrender, it would be a degradation; but the surrenders being mutual, and each gaining as much authority over others, as is granted to others over him The inference is mathematical, that in theory nothing is lost by any; however different the results may be in practice. I am now brought to the proposal which claims for the States respectively, a right to appeal agst. an exercise of power by the Govt. of the U. S. which by the State is decided to be unconstitutional, to a final decision by 3/4 of the parties to the Constitution. With Every disposition to take the most favorable view of this expedient, that a high respect for its Patrons could prompt, I am compelled to say that it appears to be either not necessary, or utterly inadmissible. I take for granted it is not meant that pending the appeal, the offensive law, of the U. S. is to be suspended within the State. Such an effect would necessarily, arrest its Operation every where, a uniformity in the operation of laws of the U. S. being indispensable not only in a Constitutional and equitable, but, in most cases, in a practicable point of view; and a final decision adverse to that of the appellant State, would afford grounds & kinds of complaint, which need not be traced. But aside from those considerations, it is to be observed that the effect of the appeal, will depend wholly on the form in which the case is proposed to the Tribunal, which is to decide it. If 3/4 of the States can sustain the State in its decision, it would seem, that this extraconstitutional course of proceeding might well be spared; inasmuch as 2/3 can institute and 3/4 can effectuate, an amendment of the Constitution, which would establish a permanent rule of the highest authority, instead of a precedent of construction only. If on the other hand 3/4 are required to reverse the decision of the State, it will then be in the power of the smallest fraction over 1/4; (of 7 States, for example out of 24), to give the law to 17. States, each of the 17. having, as parties to the Constitutional compact, an equal right with each of the 7 to expound & insist on its exposition. That the 7 might in particular cases be right and the 17 wrong, is quite possible. But to establish a positive & permanent rule giving such a power to such a minority, over such a majority, would overturn the first principle of a free Government, and in practice could not fail to overturn the Govt. itself. It must be recollected that the Constitution was proposed to the people of the States, as a whole , and unanimously adopted as a whole , it being a part of the Constitution that not less than 3/4 should be competent to make any alteration in what had been unanimously agreed to. So great is the caution on this point that in two cases where peculiar interests were at stake, a majority even of 3/4 are distrusted, and a unanimity required to make any change affecting those cases. When the Constitution was adopted as a whole, it is certain there are many of its parts, which if proposed by themselves would have been promptly rejected. It is far from impossible, that every part of a whole would be rejected by a majority, and yet the whole be unanimously accepted. Constitutions will rarely, probably never be formed without mutual concessions, without articles conditioned on & balancing each other. Is there [is] a Constitution of a single State, out of the 24 that would bear the experiment of having its component parts, submitted to the people separately, and decided on according to their insulated merits. What the fate of the Constitution of the U. S. would be, if a few States could expunge parts of it most valued by the great majority, and without which the great majority would never have agreed to it, can have but one answer. The difficulty is not removed by limiting the process to cases of construction. How many cases of that sort involving vital texts of the Constitution, have occurred? how many now exist? How many may hereafter spring up! How many might be plausibly created, if entitled to the privilege of a decision in the mode proposed. Is it certain that the principle of that mode, may not reach much farther than is contemplated? If a single State can of right require 3/4 of its Co-States, to overrule its exposition of the Constitution, because that proportion is authorized to amend it; is the plea less plausible, that as the Constitution, was unanimously formed, it ought to be unanimously expounded. The reply to all such suggestions must be, that the Constitution is a compact; that its text is to be expounded according to the provision for it, making part of that Compact; and that none of the parties can rightfully violate the expounding provision, more than any other part. When such a right accrues as may be the case, it must grow out of abuses of the Constitution amounting to a release of the sufferers from their allegiance to it. Will you permit me Sir to refer you to Nos. 39 & 44. of the Federalist Edited at Washington by Gideon, which will shew the views taken on some points of the Constitution at the period of its adoption. I refer to that Edition because none preceding it are without errors in the names prefixed to the several papers, as happens to be the case in No. 51 for which you suppose Col: Hamilton to be responsible.* *The errors were occasioned by a memorandum of his penned probably in haste, & partly in a lumping way. It need not be remarked that they were pure inadventures. I fear Sir I have written you a letter the length of which may accord as little with your patience, as I am sorry to foresee that the scope of parts of it must do with your judgment. But a naked opinion did not appear respectful either to the subject or to the request with which you honored me, and notwithstanding the latitude given to my pen, I am not unaware that the views it presents may need more of development in some instances, if not more exactness of discrimination in others than I could bestow on them. The subject has been so expanded, and recd. such ramifications & refinements, that a full survey of it is a task, agst. which my age alone might justly warn me. The delay Sir in making the acknowledgments I owe you was occasioned for a time by a crowd of objects which awaited my return from a long absence at Richmond, and latterly by an indisposition from which I am not yet entirely recovered. I hope you will be good eno’ to accept these apologies, and with them assurances of my high esteem & my cordial salutations, in which Mrs. M. begs to be united with me, as I do with her in a respectful tender of them to Mrs. Hayne. J. M Source: https://founders.archives.gov/documents/Madison/99-02-02-2016
- Carter's Address at the Commencement at the University of Notre Dame
May 22, 1977 To Father Hesburgh and the great faculty of Notre Dame, to those who have been honored this afternoon with the degree from your great university, to the graduate and undergraduate group who, I understand, is the largest in the history of this great institution, friends and parents: Thank you for that welcome. I'm very glad to be with you. You may have started a new graduation trend which I don't deplore, that is, throwing peanuts on graduation day. [Laughter] The more that are used or consumed the higher the price goes. [Laughter] I really did appreciate the great honor bestowed upon me this afternoon. My other degree is blue and gold from the Navy, and I want to let you know that I do feel a kinship with those who are assembled here this afternoon. I was a little taken aback by the comment that I had brought a new accent to the White House. In the minds of many people in our country, for the first time in almost 150 years, there is no accent. [Laughter] I tried to think of a story that would illustrate two points simultaneously and also be brief, which is kind of a difficult assignment. I was sitting on the Truman Balcony the other night 'with my good friend, Charles Kirbo, who told me about a man who was arrested and taken in to court for being drunk and for setting a bed on fire. When the judge asked him how he pled, he said, "not guilty." He said, "I was drunk but the bed was on fire when I got in it." [Laughter] I think most of the graduates can draw the parallel between that statement and what you are approaching after this graduation exercise. But there are two points to that, and I'll come to the other one in just a few minutes. In his 25 years as president of Notre Dame, Father Hesburgh has spoken more consistently and more effectively in the support of the rights of human beings than any other person I know. His interest in the Notre Dame Center for Civil Rights has never wavered. And he played an important role in broadening the scope of the center's work--and I visited there last fall--to see this work include, now, all people in the world, as shown by last month's conference here on human rights and American foreign policy. And that concern has been demonstrated again today in a vivid fashion by the selection of Bishop Donal Lamont, Paul Cardinal Arns, and Stephen Cardinal Kim to receive honorary degrees. In their fight for human freedoms in Rhodesia, Brazil, and South Korea, these three religious leaders typify all that is best in their countries and in our church. I'm honored to join you in recognizing their dedication, their personal sacrifice, and their supreme courage. Quite often, brave men like these are castigated and sometimes punished, sometimes even put to death, because they enter the realm where human rights is a struggle. And sometimes they are blamed for the very circumstance which they helped to dramatize, but it's been there for a long time. And the flames which they seek to extinguish concern us all and are increasingly visible around the world. Last week, I spoke in California about the domestic agenda for our Nation: to provide more efficiently for the needs of our people, to demonstrate-against the dark faith of our times--that our Government can be both competent and more humane. But I want to speak to you today about the strands that connect our actions overseas with our essential character as a nation. I believe we can have a foreign policy that is democratic, that is based on fundamental values, and that uses power and influence, which we have, for humane purposes. We can also have a foreign policy that the American people both support and, for a change, know about and understand. I have a quiet confidence in our own political system. Because we know that democracy works, we can reject the arguments of those rulers who deny human rights to their people. We are confident that democracy's example will be compelling, and so we seek to bring that example closer to those from whom in the past few years we have been separated and who are not yet convinced about the advantages of our kind of life. We are confident that the democratic methods are the most effective, and so we are not tempted to employ improper tactics here at home or abroad. We are confident of our own strength, so we can seek substantial mutual reductions in the nuclear arms race. And we are confident of the good sense of American people, and so we let them share in the process of making foreign policy decisions. We can thus speak with the voices of 215 million, and not just of an isolated handful. Democracy's great recent successes--in India, Portugal, Spain, Greece--show that our confidence in this system is not misplaced. Being confident of our own future, we are now free of that inordinate fear of communism which once led us to embrace any dictator who joined us in that fear. I'm glad that that's being changed. For too many years, we've been willing to adopt the flawed and erroneous principles and tactics of our adversaries, sometimes abandoning our own values for theirs. We've fought fire with fire, never thinking that fire is better quenched with water. This approach failed, with Vietnam the best example of its intellectual and moral poverty. But through failure we have now found our way back to our own principles and values, and we have regained our lost confidence. By the measure of history, our Nation's 200 years are very brief, and our rise to world eminence is briefer still. It dates from 1945, when Europe and the old international order lay in ruins. Before then, .America was largely on the periphery of world affairs. But since then, we have inescapably been at the center of world affairs. Our policy during this period was guided by two principles: a belief that Soviet expansion was almost inevitable but that it must be contained, and the corresponding belief in the importance of an almost exclusive alliance among non-Communist nations on both sides of the Atlantic. That system could not last forever unchanged. Historical trends have weakened its foundation. The unifying threat of conflict with the Soviet Union has become less intensive, even though the competition has become more extensive. The Vietnamese war produced a profound moral crisis, sapping worldwide faith in our own policy and our system of life, a crisis of confidence made even more grave by the covert pessimism of some of our leaders. In less than a generation, we've seen the world change dramatically. The daily lives and aspirations of most human beings have been transformed. Colonialism is nearly gone. A new sense of national identity now exists in almost 100 new countries that have been formed in the last generation. Knowledge has become more widespread. Aspirations are higher. As more people have been freed from traditional constraints, more have been determined to achieve, for the first time in their lives, social justice. The world is still divided by ideological disputes, dominated by regional conflicts, and threatened by danger that we will not resolve the differences of race and wealth without violence or without drawing into combat the major military powers. We can no longer separate the traditional issues of war and peace from the new global questions of justice, equity, and human rights. It is a new world, but America should not fear it. It is a new world, and we should help to shape it. It is a new world that calls for a new American foreign policy--a policy based on constant decency in its values and on optimism in our historical vision. We can no longer have a policy solely for the industrial nations as the foundation of global stability, but we must respond to the new reality of a politically awakening world. We can no longer expect that the other 150 nations will follow the dictates of the powerful, but we must continue--confidently--our efforts to inspire, to persuade, and to lead. Our policy must reflect our belief that the world can hope for more than simple survival and our belief that dignity and freedom are fundamental spiritual requirements. Our policy must shape an international system that will last longer than secret deals. We cannot make this kind of policy by manipulation. Our policy must be open; it must be candid; it must be one of constructive global involvement, resting on five cardinal principles. I've tried to make these premises clear to the American people since last January. Let me review what we have been doing and discuss what we intend to do. First, we have reaffirmed America's commitment to human rights as a fundamental tenet of our foreign policy. In ancestry, religion, color, place of origin, and cultural background, we Americans are as diverse a nation as the world has even seen. No common mystique of blood or soil unites us. What draws us together, perhaps more than anything else, is a belief in human freedom. We want the world to know that our Nation stands for more than financial prosperity. This does not mean that we can conduct our foreign policy by rigid moral maxims. We live in a world that is imperfect and which will always be imperfect--a world that is complex and confused and which will always be complex and confused. I understand fully the limits of moral suasion. We have no illusion that changes will come easily or soon. But I also believe that it is a mistake to undervalue the power of words and of the ideas that words embody. In our own history, that power has ranged from Thomas Paine's "Common Sense" to Martin Luther King, Jr.'s "I Have a Dream." In the life of the human spirit, words are action, much more so than many of us may realize who live in countries where freedom of expression is taken for granted. The leaders of totalitarian nations understand this very well. The proof is that words are precisely the action for which dissidents in those countries are being persecuted. Nonetheless, we can already see dramatic, worldwide advances in the protection of the individual from the arbitrary power of the state. For us to ignore this trend would be to lose influence and moral authority in the world. To lead it will be to regain the moral stature that we once had. The great democracies are not free because we are strong and prosperous. I believe we are strong and influential and prosperous because we are free. Throughout the world today, in free nations and in totalitarian countries as well, there is a preoccupation with the subject of human freedom, human rights. And I believe it is incumbent on us in this country to keep that discussion, that debate, that contention alive. No other country is as well-qualified as we to set an example. We have our own shortcomings and faults, and we should strive constantly and with courage to make sure that we are legitimately proud of what we have. Second, we've moved deliberately to reinforce the bonds among our democracies. In our recent meetings in London, we agreed to widen our economic cooperation, to promote free trade, to strengthen the world's monetary system, to seek ways of avoiding nuclear proliferation. We prepared constructive proposals for the forthcoming meetings on North-South problems of poverty, development, and global well-being. And we agreed on joint efforts to reinforce and to modernize our common defense. You may be interested in knowing that at this NATO meeting, for the first time in more than 25 years, all members are democracies. Even more important, all of us reaffirmed our basic optimism in the future of the democratic system. Our spirit of confidence is spreading. Together, our democracies can help to shape the wider architecture of global cooperation. Third, we've moved to engage the Soviet Union in a joint effort to halt the strategic arms race. This race is not only dangerous, it's morally deplorable. We must put an end to it. I know it will not be easy to reach agreements. Our goal is to be fair to both sides, to produce reciprocal stability, parity, and security. We desire a freeze on further modernization and production of weapons and a continuing, substantial reduction of strategic nuclear weapons as well. We want a comprehensive ban on all nuclear testing, a prohibition against all chemical warfare, no attack capability against space satellites, and arms limitations in the Indian Ocean. We hope that we can take joint steps with all nations toward a final agreement eliminating nuclear weapons completely from our arsenals of death. We will persist in this effort. Now, I believe in detente with the Soviet Union. To me it means progress toward peace. But the effects of detente should not be limited to our own two countries alone. We hope to persuade the Soviet Union that one country cannot impose its system of society upon another, either through direct military intervention or through the use of a client state's military force, as was the case with Cuban intervention in Angola. Cooperation also implies obligation. We hope that the Soviet Union will join with us and other nations in playing a larger role in aiding the developing world, for common aid efforts will help us build a bridge of mutual confidence in one another. Fourth, we are taking deliberate steps to improve the chances of lasting peace in the Middle East. Through wide-ranging consultation with leaders of the countries involved-Israel, Syria, Jordan, and Egypt--we have found some areas of agreement and some movement toward consensus. The negotiations must continue. Through my own public comments, I've also tried to suggest a more flexible framework for the discussion of the three key issues which have so far been so intractable: the nature of a comprehensive peace--what is peace; what does it mean to the Israelis; what does it mean to their Arab neighbors; secondly, the relationship between security and borders-how can the dispute over border delineations be established and settled with a feeling of security on both sides; and the issue of the Palestinian homeland. The historic friendship that the United States has with Israel is not dependent on domestic politics in either nation; it's derived from our common respect for human freedom and from a common search for permanent peace. We will continue to promote a settlement which all of us need. Our own policy will not be affected by changes in leadership in any of the countries in the Middle East. Therefore, we expect Israel and her neighbors to continue to be bound by United Nations Resolutions 242 and 338, which they have previously accepted. This may be the most propitious time for a genuine settlement since the beginning of the Arab-Israeli conflict almost 30 years ago. To let this opportunity pass could mean disaster not only for the Middle East but, perhaps, for the international political and economic order as well. And fifth, we are attempting, even at the risk of some friction with our friends, to reduce the danger of nuclear proliferation and the worldwide spread of conventional weapons. At the recent summit, we set in motion an international effort to determine the best ways of harnessing nuclear energy for peaceful use while reducing the risks that its products will be diverted to the making of explosives. We've already completed a comprehensive review of our own policy on arms transfers. Competition in arms sales is inimical to peace and destructive of the economic development of the poorer countries. We will, as a matter of national policy now in our country, seek to reduce the annual dollar volume of arms sales, to restrict the transfer of advanced weapons, and to reduce the extent of our coproduction arrangements about weapons with foreign states. And just as important, we are trying to get other nations, both free and otherwise, to join us in this effort. But all of this that I've described is just the beginning. It's a beginning aimed towards a clear goal: to create a wider framework of international cooperation suited to the new and rapidly changing historical circumstances. We will cooperate more closely with the newly influential countries in Latin America, Africa, and Asia. We need their friendship and cooperation in a common effort as the structure of world power changes. More than 100 years ago, Abraham Lincoln said that our Nation could not exist half slave and half free. We know a peaceful world cannot long exist one-third rich and two-thirds hungry. Most nations share our faith that, in the long run, expanded and equitable trade will best help the developing countries to help themselves. But the immediate problems of hunger, disease, illiteracy, and repression are here now. The Western democracies, the OPEC nations, and the developed Communist countries can cooperate through existing international institutions in providing more effective aid. This is an excellent alternative to war. We have a special need for cooperation and consultation with other nations in this hemisphere--to the north and to the south. We do not need another slogan. Although these are our close friends and neighbors, our links with them are the same links of equality that we forge for the rest of the world. We will be dealing with them as part of a new, worldwide mosaic of global, regional, and bilateral relations. It's important that we make progress toward normalizing relations with the People's Republic of China. We see the American and Chinese relationship as a central element of our global policy and China as a key force for global peace. We wish to cooperate closely with the creative Chinese people on the problems that confront all mankind. And we hope to find a formula which can bridge some of the difficulties that still separate us. Finally, let me say that we are committed to a peaceful resolution of the crisis in southern Africa. The time has come for the principle of majority rule to be the basis for political order, recognizing that in a democratic system the rights of the minority must also be protected. To be peaceful, change must come promptly. The United States is determined to work together with our European allies and with the concerned African States to shape a congenial international framework for the rapid and progressive transformation of southern African society and to help protect it from unwarranted outside interference. Let me conclude by summarizing: Our policy is based on an historical vision of America's role. Our policy is derived from a larger view of global change. Our policy is rooted in our moral values, which never change. Our policy is reinforced by our material wealth and by our military power. Our policy is designed to serve mankind. And it is a policy that I hope will make you proud to be Americans. Thank you. Source: https://www.presidency.ucsb.edu/documents/address-commencement-exercises-the-university-notre-dame
- South Carolina's Ordinance of Nullification
An ordinance to nullify certain acts of the Congress of the United States, purporting to be laws laying duties and imposts on the importation of foreign commodities. Whereas the Congress of the United States by various acts, purporting to be acts laying duties and imposts on foreign imports, but in reality intended for the protection of domestic manufactures and the giving of bounties to classes and individuals engaged in particular employments, at the expense and to the injury and oppression of other classes and individuals, and by wholly exempting from taxation certain foreign commodities, such as are not produced or manufactured in the United States, to afford a pretext for imposing higher and excessive duties on articles similar to those intended to be protected, bath exceeded its just powers under the constitution, which confers on it no authority to afford such protection, and bath violated the true meaning and intent of the constitution, which provides for equality in imposing the burdens of taxation upon the several States and portions of the confederacy: And whereas the said Congress, exceeding its just power to impose taxes and collect revenue for the purpose of effecting and accomplishing the specific objects and purposes which the constitution of the United States authorizes it to effect and accomplish, hath raised and collected unnecessary revenue for objects unauthorized by the constitution. We, therefore, the people of the State of South Carolina, in convention assembled, do declare and ordain and it is hereby declared and ordained, that the several acts and parts of acts of the Congress of the United States, purporting to be laws for the imposing of duties and imposts on the importation of foreign commodities, and now having actual operation and effect within the United States, and, more especially, an act entitled "An act in alteration of the several acts imposing duties on imports," approved on the nineteenth day of May, one thousand eight hundred and twenty-eight and also an act entitled "An act to alter and amend the several acts imposing duties on imports," approved on the fourteenth day of July, one thousand eight hundred and thirty-two, are unauthorized by the constitution of the United States, and violate the true meaning and intent thereof and are null, void, and no law, nor binding upon this State, its officers or citizens; and all promises, contracts, and obligations, made or entered into, or to be made or entered into, with purpose to secure the duties imposed by said acts, and all judicial proceedings which shall be hereafter had in affirmance thereof, are and shall be held utterly null and void. And it is further ordained, that it shall not be lawful for any of the constituted authorities, whether of this State or of the United States, to enforce the payment of duties imposed by the said acts within the limits of this State; but it shall be the duty of the legislature to adopt such measures and pass such acts as may be necessary to give full effect to this ordinance, and to prevent the enforcement and arrest the operation of the said acts and parts of acts of the Congress of the United States within the limits of this State, from and after the first day of February next, and the duties of all other constituted authorities, and of all persons residing or being within the limits of this State, and they are hereby required and enjoined to obey and give effect to this ordinance, and such acts and measures of the legislature as may be passed or adopted in obedience thereto. And it is further ordained, that in no case of law or equity, decided in the courts of this State, wherein shall be drawn in question the authority of this ordinance, or the validity of such act or acts of the legislature as may be passed for the purpose of giving effect thereto, or the validity of the aforesaid acts of Congress, imposing duties, shall any appeal be taken or allowed to the Supreme Court of the United States, nor shall any copy of the record be permitted or allowed for that purpose; and if any such appeal shall be attempted to be taken, the courts of this State shall proceed to execute and enforce their judgments according to the laws and usages of the State, without reference to such attempted appeal, and the person or persons attempting to take such appeal may be dealt with as for a contempt of the court. And it is further ordained, that all persons now holding any office of honor, profit, or trust, civil or military, under this State (members of the legislature excepted), shall, within such time, and in such manner as the legislature shall prescribe, take an oath well and truly to obey, execute, and enforce this ordinance, and such act or acts of the legislature as may be passed in pursuance thereof, according to the true intent and meaning of the same, and on the neglect or omission of any such person or persons so to do, his or their office or offices shall be forthwith vacated, and shall be filled up as if such person or persons were dead or had resigned; and no person hereafter elected to any office of honor, profit, or trust, civil or military (members of the legislature excepted), shall, until the legislature shall otherwise provide and direct, enter on the execution of his office, or be he any respect competent to discharge the duties thereof until he shall, in like manner, have taken a similar oath; and no juror shall be impaneled in any of the courts of this State, in any cause in which shall be in question this ordinance, or any act of the legislature passed in pursuance thereof, unless he shall first, in addition to the usual oath, have taken an oath that he will well and truly obey, execute, and enforce this ordinance, and such act or acts of the legislature as may be passed to carry the same into operation and effect, according to the true intent and meaning thereof. And we, the people of South Carolina, to the end that it may be fully understood by the government of the United States, and the people of the co-States, that we are determined to maintain this our ordinance and declaration, at every hazard, do further declare that we will not submit to the application of force on the part of the federal government, to reduce this State to obedience, but that we will consider the passage, by Congress, of any act authorizing the employment of a military or naval force against the State of South Carolina, her constitutional authorities or citizens; or any act abolishing or closing the ports of this State, or any of them, or otherwise obstructing the free ingress and egress of vessels to and from the said ports, or any other act on the part of the federal government, to coerce the State, shut up her ports, destroy or harass her commerce or to enforce the acts hereby declared to be null and void, otherwise than through the civil tribunals of the country, as inconsistent with the longer continuance of South Carolina in the Union; and that the people of this State will henceforth hold themselves absolved from all further obligation to maintain or preserve their political connection with the people of the other States; and will forthwith proceed to organize a separate government, and do all other acts and things which sovereign and independent States may of right do. Done in convention at Columbia, the twenty-fourth day of November, in the year of our Lord one thousand eight hundred and thirty-two, and in the fifty-seventh year of the Declaration of the Independence of the United States of America. Source: https://avalon.law.yale.edu/19th_century/ordnull.asp
- Declaration of Sentiments of the American Antislavery Society - William Lloyd Garrison
The Convention assembled in the city of Philadelphia, to organize a National Anti-Slavery Society, promptly seize the opportunity to promulgate the following Declaration of Sentiments, as cherished by them in relation to the enslavement of one-sixth portion of the American people. More than fifty-seven years have elapsed, since a band of patriots convened in this place, to devise measures for the deliverance of this country from a foreign yoke. The corner-stone upon which they founded the Temple of Freedom was broadly this—'that all men are created equal; that they are endowed by their Creator with certain inalienable rights; that among these are life, LIBERTY, and the pursuit of happiness.' . .. We have met together for the achievement of an enterprise, without which that of our fathers is incomplete; and which, for its magnitude, solemnity, and probable results upon the destiny of the world, as far transcends theirs as moral truth does physical force. Their principles led them to wage war against their oppressors, and to spill human blood like water, in order to be free. Ours forbid the doing of evil that good may come, and lead us to reject, and to entreat the oppressed to reject, the use of all carnal weapons for deliverance from bondage; relying solely upon those which are spiritual, and mighty through God to the pulling down of strong holds. Their measures were physical resistance—the marshalling in arms—the hostile array—the mortal encounter. Ours shall be such only as the opposition of moral purity to moral corruption—the destruction of error by the potency of truth—the overthrow of prejudice by the power of love—and the abolition of slavery by the spirit of repentance. Their grievances, great as they were, were trifling in comparison with the wrongs and sufferings of those for whom we plead. Our fathers were never slaves—never bought and sold like cattle—never shut out from the light of knowledge and religion—never subjected to the lash of brutal taskmasters. But those, for whose emancipation we are striving—constituting at the present time at least one-sixth part of our countrymen—are recognized by law, and treated by their fellow-beings, as marketable commodities, as goods and chattels, as brute beasts; . . . For the crime of having a dark complexion, they suffer the pangs of hunger, the infliction of stripes, the ignominy of brutal servitude. They are kept in heathenish darkness by laws expressly enacted to make their instruction a criminal offence. These are the prominent circumstances in the condition of more than two millions of our people, the proof of which may be found in thousands of indisputable facts, and in the laws of the slave-holding States. Hence we maintain—that, in view of the civil and religious privileges of this nation, the guilt of its oppression is unequalled by any other on the face of the earth; and, therefore, that it is bound to repent instantly, to undo the heavy burdens, and to let the oppressed go free. We further maintain—that no man has a right to enslave or imbrute his brother—to hold or acknowledge him, for one moment, as a piece of merchandize—to keep back his hire by fraud—or to brutalize his mind, by denying him the means of intellectual, social and moral improvement. The right to enjoy liberty is inalienable. To invade it is to usurp the prerogative of Jehovah. Every man has a right to his own body—to the products of his own labor—to the protection of law—and to the common advantages of society. It is piracy to buy or steal a native African, and subject him to servitude. Surely, the sin is as great to enslave an American as an African. Therefore we believe and affirm—that there is no difference, in principle, between the African slave trade and American slavery: That every American citizen, who detains a human being in involuntary bondage as his property, is, according to Scripture, (Ex. xxi. 16,) a man-stealer: That the slaves ought instantly to be set free, and brought under the protection of law: That if they had lived from the time of Pharaoh down to the present period, and had been entailed through successive generations, their right to be free could never have been alienated, but their claims would have constantly risen in solemnity: That all those laws which are now in force, admitting the right of slavery, are therefore, before God, utterly null and void; being an audacious usurpation of the Divine prerogative, a daring infringement on the law of nature, a base overthrow of the very foundations of the social compact, a complete extinction of all the relations, endearments and obligations of mankind, and a presumptuous transgression of all the holy commandments; and that therefore they ought instantly to be abrogated. We further believe and affirm—that all persons of color, who possess the qualifications which are demanded of others, ought to be admitted forthwith to the enjoyment of the same privileges, and the exercise of the same prerogatives, as others; and that the paths of preferment, of wealth, and of intelligence, should be opened as widely to them as to persons of a white complexion. We maintain that no compensation should be given to the planters emancipating their slaves: Because it would be a surrender of the great fundamental principle, that man cannot hold property in man: Because slavery is a crime, and therefore is not an article to be sold: Because the holders of slaves are not the just proprietors of what they claim; freeing the slave is not depriving them of property, but restoring it to its rightful owner; it is not wronging the master, but righting the slave—restoring him to himself: Because immediate and general emancipation would only destroy nominal, not real property; it would not amputate a limb or break a bone of the slaves, but by infusing motives into their breasts, would make them doubly valuable to the masters as free laborers; and Because, if compensation is to be given at all, it should be given to the outraged and guiltless slaves, and not to those who have plundered and abused them. We regard as delusive, cruel and dangerous, any scheme of expatriation which pretends to aid, either directly or indirectly, in the emancipation of the slaves, or to be a substitute for the immediate and total abolition of slavery. We fully and unanimously recognise the sovereignty of each State, to legislate exclusively on the subject of the slavery which is tolerated within its limits; we concede that Congress, under the present national compact, has no right to interfere with any of the slave States, in relation to this momentous subject: But we maintain that Congress has a right, and is solemnly bound, to suppress the domestic slave trade between the several States, and to abolish slavery in those portions of our territory which the Constitution has placed under its exclusive jurisdiction. We also maintain that there are, at the present time, the highest obligations resting upon the people of the free States to remove slavery by moral and political action, as prescribed in the Constitution of the United States. They are now living under a pledge of their tremendous physical force, to fasten the galling fetters of tyranny upon the limbs of millions in the Southern States; they are liable to be called at any moment to suppress a general insurrection of the slaves; they authorize the slave owner to vote for three-fifths of his slaves as property, and thus enable him to perpetuate his oppression; they support a standing army at the South for its protection; and they seize the slave, who has escaped into their territories, and send him back to be tortured by an enraged master or a brutal driver. This relation to slavery is criminal, and full of danger: IT MUST BE BROKEN UP. We shall organize Anti-Slavery Societies, if possible, in every city, town and village in our land. We shall send forth agents to lift up the voice of remonstrance, of warning, of entreaty, and of rebuke. We shall circulate, unsparingly and extensively, antislavery tracts and periodicals. We shall enlist the pulpit and the press in the cause of the suffering and the dumb. We shall aim at a purification of the churches from all participation in the guilt of slavery. We shall encourage the labor of freemen rather than that of slaves, by giving a preference to their productions: and We shall spare no exertions nor means to bring the whole nation to speedy repentance. Our trust for victory is solely in God. We may be personally defeated, but our principles never. Truth, Justice, Reason, Humanity, must and will gloriously triumph. . . . Done at Philadelphia, December 6th, A.D. 1833 Source: https://contextus.org/Declaration_of_Sentiments_of_the_American_Antislavery_Society%2C_William_Lloyd_Garrison.1?lang=en&with=About&lang2=en







