Part 6

The policy of Bills of Rights is sometimes called in question. It has been said that they were originally privileges or concessions extorted from the king, and, though expedient in a monarchy, are of little value in a republic. As late as 1821, in the Convention for revising the Constitution of New York, doubts of their utility were openly expressed by Mr. Van Buren. But they are now above question. State after State, ending with California, follows the example of Virginia and Massachusetts, and places its Bill of Rights in the front of its Constitution. Nor can I doubt that much good is done by this frank assertion of fundamental principles. The public mind is instructed, people learn to know their rights, liberal institutions are confirmed, and the Constitution is made stable in the hearts of the community. Bills of Rights are lessons of political wisdom and anchors of liberty. They are the constant index, and also scourge, of injustice and wrong. In Massachusetts, Slavery itself disappeared before the declaration that "all men are born free and equal," interpreted by a liberty-loving Court.[32]

[32] See, on this subject, a paper entitled "The Extinction of Slavery in Massachusetts," by Emory Washburn: Coll. Mass. Hist. Soc., 4th Ser. Vol. IV. pp. 333-346.

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In the Convention of 1780 the Bill of Rights formed a prominent subject of interest. The necessity of such a safeguard had been pressed upon the people, and its absence from the Constitution of 1778 was unquestionably a reason for the rejection of that ill-fated effort. Indeed, the Constitution was openly opposed because it had no Bill of Rights. In the array of objections at the period was the following, which I take from an important contemporaneous publication: "That a Bill of Rights, clearly ascertaining and defining the rights of conscience and that security of person and property which every member in the State hath a right to expect from the supreme power thereof, ought to be settled and established previous to the ratification of any Constitution for the State."[33] Accordingly, at the earliest moment after the organization of the Convention, a motion was made, "that there be a Declaration of Rights prepared previous to the framing a new Constitution of Government," which after adoption gave way to another, "that the Convention _will prepare_ a Declaration of Rights," and this motion prevailed by a nearly unanimous vote,--the whole number present, as returned by the monitors, being two hundred and fifty-one, of whom two hundred and fifty voted in the affirmative.[34] Thus emphatically did the early fathers of Massachusetts manifest their watchfulness for the rights of the people; and there is good reason to believe, also, that among the motives which stimulated it was a determination in this way to abolish Slavery.[35] The Convention then resolved to "proceed to the framing a new Constitution of Government." A grand Committee of thirty was chosen to perform these two important duties; and this Committee, after extended discussion, intrusted to John Adams alone the preparation of a Declaration of Rights, and to a Sub-Committee, consisting of James Bowdoin, Samuel Adams, and John Adams, the duty of preparing the Form of a Constitution, which Sub-Committee again delegated the task to John Adams: so that to the pen of this illustrious citizen we are indebted primarily both for the Declaration of Rights and the Form of the Constitution.[36]

[33] Essex Result, p. 4.

[34] Journal of the Convention, pp. 22, 23.

[35] This was the testimony of the late Rev. Charles Lowell, who had received it from his father, Hon. John Lowell, a member of the Convention, in whose family was a tradition that the latter obtained the insertion of the words "all men are born free and equal," for this declared purpose. See, _ut supra_, Coll. Mass. Hist. Soc., 4th Ser. Vol. IV. p. 340.

[36] Observations on the Reconstruction of Government in Massachusetts during the Revolution: Works of John Adams, Vol. IV. pp. 215, 216.

It is not difficult to trace most, if not all, of the ideas and provisions of our Preamble and Declaration of Rights to their primitive sources. The Preamble, where the body politic is founded on the fiction of the Social Compact, was doubtless inspired by the writings of Sidney and Locke, and by the English discussions at the period of the Revolution of 1688, when this questionable theory did good service in response to the assumptions of Filmer, and as a shield against arbitrary power. Of different provisions in the Bill of Rights, some are in the very words of Magna Charta,--others are derived from the ancient Common Law, the Petition of Right, and the Bill of Rights of 1688,--while, of the thirty Articles composing it, no less than nineteen,[37] either wholly or in part, may be found substantially in the Virginia Bill of Rights: but these again are in great part derived from the earlier fountains.

[37] Namely, Articles 1, 2, 4-10, 12-18, 20, 26, 30. The Virginia Bill of Rights consists of sixteen Articles, three of which (the 5th, 6th, and 8th) are divided in the Massachusetts Declaration, constituting respectively the substance of Articles 30 and 8, 9 and 10, 12 and 13.

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And now, Sir, you have before you for revision and amendment this early work of our fathers. I do not stop to consider its peculiar merits. With satisfaction I might point to special safeguards by which our rights have been protected against usurpation, whether executive, legislative, or judicial. With pride I might dwell on those words which banished Slavery from our soil, and rendered the Declaration of Independence here with us a living letter. But the hour does not require or admit any such service. You have a practical duty, which I seek to promote; and I now take leave of the whole subject, with the simple remark, that a document proceeding from such a pen, drawn from such sources, with such an origin in all respects, speaking so early for Human Rights, and now for more than threescore years and ten a household word to the people of Massachusetts, should be touched by the Convention only with exceeding care.

FINGER-POINT FROM PLYMOUTH ROCK.

SPEECH AT THE PLYMOUTH FESTIVAL IN COMMEMORATION OF THE EMBARKATION OF THE PILGRIMS, AUGUST 1, 1853.

The President, Richard Warren, Esq., said they had already been delighted with the words of a distinguished member of the Senate of the United States [Mr. EVERETT.] They were favored with the presence of another; and he would give as a sentiment:--

_The Senate of the United States_,--The concentrated light of the stars of the Union.

In his reply, Mr. Sumner attempted to obtain a hearing for the Antislavery cause and the Party of Freedom. In picturing the English Puritans he had in mind our Antislavery Puritans, who, like their prototypes, were at first "Separatists," and then "Independents." The abuse showered on each was the same. Though nothing is said directly on present affairs, they were clearly discerned behind the Puritan veil. Such was the sensibility in certain quarters, that it was objected to as out of place. Others were pleased with its fidelity. Among the latter was the poet John G. Whittier, who wrote at the time: "Its tone and bearing are unmistakable, and yet unobjectionable.... When I read the toast which called thee up, I confess I could see very little appropriateness in it; in fact, it seemed to me a very unpromising text, and I almost feared to read the sermon. I enjoyed it all the better for my misgivings."

Mr. President,--You bid me speak for the Senate of the United States. But I know well that there is another voice here, of classical eloquence, which might more fitly render this service. As one of the humblest members of that body, and associated with the public councils for a brief period only, I should prefer that my distinguished colleague [Mr. EVERETT], whose fame is linked with a long political life, should speak for it. And there is yet another here [Mr. HALE], who, though not at this moment a member of the Senate, has, throughout an active and brilliant career, marked by a rare combination of ability, eloquence, and good-humor, so identified himself with the Senate in the public mind that he might well speak for it always, and when he speaks, all are pleased to listen. But, Sir, you have ordered it otherwise.

From the tears and trials at Delft Haven, from the deck of the Mayflower, from the landing on Plymouth Rock, to the Senate of the United States is a mighty contrast, covering whole spaces of history, hardly less than from the wolf that suckled Romulus and Remus to that Roman Senate which on curule chairs swayed Italy and the world. From these obscure beginnings of poverty and weakness, which you now piously commemorate, and on which all our minds naturally rest to-day, you bid us leap to that marble Capitol, where thirty-one powerful republics, bound in common fellowship and welfare, are gathered together in legislative body, constituting One Government, which, stretching from ocean to ocean, and counting millions of people beneath its majestic rule, surpasses far in wealth and might any government of the Old World when the little band of Pilgrims left it, and now promises to be a clasp between Europe and Asia, bringing the most distant places near together, so that there shall be no more Orient or Occident. It were interesting to dwell on the stages of this grand procession; but it is enough, on this occasion, merely to glance at them and pass on.

Sir, it is the Pilgrims that we commemorate to-day, not the Senate. For this moment, at least, let us tread under foot all pride of empire, all exultation in our manifold triumphs of industry, science, literature, with all the crowding anticipations of the vast untold Future, that we may reverently bow before the Forefathers. The day is theirs. In the contemplation of their virtue we derive a lesson which, like truth, may judge us sternly, but, if we can really follow it, like truth, shall make us free. For myself, I accept the admonition of the day. It may teach us all, though few in numbers or alone, never, by word or act, to swerve from those primal principles of duty, which, from the landing on Plymouth Rock, have been the life of Massachusetts. Let me briefly unfold the lesson,--though to the discerning soul it unfolds itself.

Few persons in history have suffered more from contemporary misrepresentation, abuse, and persecution, than the English Puritans. At first a small body, they were regarded with indifference and contempt. But by degrees they grew in numbers, and drew into their company education, intelligence, and even rank. Reformers in all ages have had little of blessing from the world they sought to serve. But the Puritans were not disheartened. Still they persevered. The obnoxious laws of conformity they vowed to withstand, till, in the fervid language of the time, "they be sent back to the darkness from whence they came." Through them the spirit of modern Freedom made itself potently felt, in great warfare with Authority, in Church, in Literature, and in State,--in other words, for religious, intellectual, and political emancipation. The Puritans primarily aimed at religious freedom: for this they contended in Parliament, under Elizabeth and James; for this they suffered: but, so connected are all these great and glorious interests, that the struggles for one have always helped the others. Such service did they do, that Hume, whose cold nature sympathized little with their burning souls, is obliged to confess that "the precious spark of Liberty had been kindled and was preserved by the Puritans alone," and he adds, that "to this sect the English owe the whole freedom of their Constitution."

As among all reformers, so among them were differences of degree. Some continued within the pale of the National Church, and there pressed their ineffectual attempts in behalf of the good cause. Some at length, driven by conscientious convictions, and unwilling to be partakers longer in its enormities, stung also by cruel excesses of magisterial power, openly disclaimed the National Establishment, and became a separate sect, first under the name of Brownists, from the person who led in this new organization, and then under the better name of Separatists. I like this word, Sir. It has a meaning.[38] After long struggles in Parliament and out of it, in Church and State, prolonged through successive reigns, the Puritans finally triumphed, and the despised sect of Separatists, swollen in numbers, and now under the denomination of Independents,[39] with Oliver Cromwell at their head and John Milton as his Secretary, ruled England. Thus is prefigured the final triumph of all, however few in numbers, who sincerely devote themselves to Truth.

The Pilgrims of Plymouth were among the earliest of the Separatists. As such, they knew by bitter experience all the sharpness of persecution. Against them the men in power raged like the heathen. Against them the whole fury of the law was directed. Some were imprisoned, all were impoverished, while their name became a by-word of reproach. For safety and freedom the little band first sought shelter in Holland, where they continued in obscurity and indigence for more than ten years, when they were inspired to seek a home in this unknown Western world. Such, in brief, is their history. I could not say more of it without intruding upon your time; I could not say less without injustice to them.

[38] Our Abolitionists and Free-Soilers were Separatists.

[39] Like the Republican party.--whose triumph is here foreshadowed.

Rarely have austere principles been expressed with more gentleness than from their lips. By a covenant with the Lord, they had vowed to walk in all his ways, according to their best endeavors, _whatsoever it should cost them_,--and also to receive whatsoever truth should be made known from the written word of God. Repentance and prayers, patience and tears, were their weapons. "It is not with us," said they, "as with other men, whom small things can discourage or small discontentments cause to wish themselves at home again." And then again, on another occasion, their souls were lifted to utterance like this: "When we are in our graves, it will be all one, whether we have lived in plenty or penury, whether we have died in a bed of down or on locks of straw." Self-sacrifice is never in vain, and with the clearness of prophecy they foresaw that out of their trials should come a transcendent Future. "As one small candle," said an early Pilgrim Governor, "may light a thousand, so the light kindled here may in some sort shine even to the whole nation." And these utterances were crowned by the testimony of the English governor and historian, whose sympathy for them was as little as that of Hume for the Puritans, confessing it doubtful "whether Britain would have had any colonies in America at this day, if religion had not been the grand inducement,"--thus honoring our Pilgrims.

And yet these men, with such sublime endurance, lofty faith, and admirable achievement, are among those sometimes called "Puritan knaves" and "knaves-Puritans," and openly branded by King James as "very pests in the Church and Commonwealth." The small company of our forefathers became jest and gibe of fashion and power. The phrase "men of one idea" was not invented then; but, in equivalent language, they were styled "the pinched fanatics of Leyden." A contemporary poet and favorite of Charles the First, Thomas Carew, lent his genius to their defamation. A masque, from his elegant and careful pen, was performed by the monarch and his courtiers, turning the whole plantation of New England to royal sport. The jeer broke forth in the exclamation, that it had "purged more virulent humors from the politic body than guaiacum and all the West Indian drugs have from the natural bodies of this kingdom."[40]

And these outcasts, despised in their own day by the proud and great, are the men whom we have met in this goodly number to celebrate,--not for any victory of war,--not for any triumph of discovery, science, learning, or eloquence,--not for worldly success of any kind. How poor are all these things by the side of that divine virtue which, amidst the reproach, the obloquy, and the hardness of the world, made them hold fast to Freedom and Truth! Sir, if the honors of this day are not a mockery, if they do not expend themselves in mere self-gratulation, if they are a sincere homage to the character of the Pilgrims,--and I cannot suppose otherwise,--then is it well for us to be here. Standing on Plymouth Rock, at their great anniversary, we cannot fail to be elevated by their example. We see clearly what it has done for the world, and what it has done for their fame. No pusillanimous soul here to-day will declare their self-sacrifice, their deviation from received opinions, their unquenchable thirst for liberty, an error or illusion. From gushing multitudinous hearts we now thank these lowly men that they dared to be true and brave. Conformity or compromise might, perhaps, have purchased for them a profitable peace, but not peace of mind; it might have secured place and power, but not repose; it might have opened present shelter, but not a home in history and in men's hearts till time shall be no more. All must confess the true grandeur of their example, while, in vindication of a cherished principle, they stood alone, against the madness of men, against the law of the land, against their king. Better the despised Pilgrim, a fugitive for freedom, than the halting politician, forgetful of principle, "with a Senate at his heels."

[40] This masque, entitled _Coelum Britannicum_, was performed at Whitehall, February 18, 1633.

Such, Sir, is the voice from Plymouth Rock, as it salutes my ears. Others may not hear it; but to me it comes in tones which I cannot mistake. I catch its words of noble cheer:--

"New occasions teach new duties; Time makes ancient good uncouth; They must upward still and onward who would keep abreast of Truth: Lo, before us gleam her camp-fires! we ourselves must Pilgrims be, Launch our Mayflower, and steer boldly through the desperate winter sea."

IRELAND AND IRISHMEN.

LETTER TO A COMMITTEE OF IRISH-BORN CITIZENS, AUGUST 2, 1853.

BOSTON, August 2, 1853.

Gentlemen,--It is not in my power to be with you on the evening of the celebration at Faneuil Hall, but, I pray you, do not consider me insensible to the honor of your invitation.

Permit me to say that no country excites a generous sympathy more than Ireland; nor is any society more genial and winning than that of Irishmen.

Believe me, Gentlemen, faithfully yours,

CHARLES SUMNER.

THE LANDMARK OF FREEDOM:

NO REPEAL OF THE MISSOURI COMPROMISE.

SPEECH IN THE SENATE, AGAINST THE REPEAL OF THE MISSOURI PROHIBITION OF SLAVERY NORTH OF 36° 30´ IN THE NEBRASKA AND KANSAS BILL, FEBRUARY 21, 1854.

Cursed be he that removeth his neighbor's landmark. _And all the people shall say, Amen._--DEUTERONOMY, xxvii. 17.

"The Nebraska Debate," as it was called at the time, was one of the most remarkable in our history. It grew out of the proposition to overturn the famous Missouri Compromise, so as to admit Slavery into the vast territory west of the Mississippi, where it had been prohibited by that Compromise. The country was startled by the outrage. Many who had tried to reconcile themselves to the Fugitive Slave Bill, as required by the Constitution, were maddened by this most audacious attempt. Even assuming that the Fugitive Slave Bill was in any sense justifiable, there was nothing to justify this flagrant violation of plighted faith, where Slavery was the inexorable robber. Here began those heats which afterwards showed themselves in blood. Never was the action of Congress watched with more anxiety. Speeches were read as never before, especially those opposed to this new aggression. That of Mr. Sumner was extensively circulated in various editions, and he received numerous letters expressing sympathy and gratitude. The tone of these illustrates the reception of the speech. The late Rufus W. Griswold, so well known in contemporary literature, wrote from New York on the day after its delivery: "The admirable speech which you delivered in the Senate yesterday will bring you a wearying quantity of approving letters; but, though aware of this, I cannot refrain from assuring you of my own admiration of it and gratitude for it, nor from telling you that all through the city it appears to be the subject of applauding conversation.... I congratulate you on having made a speech so worthy of an American Senator, and calculated to be so serviceable to the cause of Liberty." Frederick Douglass, who watched the contest from a distance with the interest of a former slave, wrote: "All the friends of Freedom in every State and of every color may claim you just now as their representative. As one of your sable constituents, I desire to thank you for your noble speech for Freedom and for your country, which I have now read twice over." An original Abolitionist wrote: "Let me thank you from my heart of hearts for your noble speech. It is everything that we could wish,--bold, free, and true. God will surely bless you!" The feeling of the hour appeared also in the following from John G. Whittier: "I am unused to flatter any one, least of all one whom I love and honor; but I must say, in all sincerity, that there is no orator or statesman living in this country or in Europe whose fame is so great as not to derive additional lustre from such a speech. It will live the full life of American history." Professor C. S. Henry, of the New York University, wrote: "I thank you for your noble speech on the Nebraska Bill. In every quality of nobleness transcendently noble. Unsurpassed in tone and temper,--unrivalled in impregnable soundness and judicious statement of positions, in clearness and logical force of historical recital, in conclusiveness of reasoning, in beautiful fitness of style, and in the true eloquence of a justice-loving soul." Among the curiosities of praise, considering the political position of the writer, was a letter from Pierre Soulé, our minister at Madrid, and formerly Senator from Louisiana, containing the following passage: "Que je profite de cette occasion pour vous dire combien j'ai été heureux du succès, et pour mieux dire, du triomphe éclatant que vous avez obtenu à l'occasion de votre discours sur le _Nebraska Bill_. Courage! _Sic itur ad astra._ Mais que dis-je? Vous y êtes déjà, et habile qui réussirait vous en déloger." These are examples only; but they help to exhibit the condition of the public mind. The North was aroused, and felt as never before towards those who spoke in its behalf.

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The origin of the debate will appear from a statement of facts.

On the 14th of December, 1853, Mr. Dodge, of Iowa, asked and obtained leave to introduce a bill to organize the Territory of Nebraska, which was read a first and second time by unanimous consent and referred to the Committee on Territories. This was a simple Territorial Bill, in the common form, containing no allusion to Slavery, and not in any way undertaking to touch the existing Prohibition of Slavery in this Territory.