Chapter 9

There was thus no congeniality of principle between the Declaration of Independence and the articles of confederation. The foundation of the former was a superintending Providence--the rights of man, and the constituent revolutionary power of the people. That of the latter was the sovereignty of organized power, and the independence of the separate or dis-united States. The fabric of the Declaration and that of the confederation were each consistent with its own foundation, but they could not form one consistent, symmetrical edifice. They were the productions of different minds and of adverse passions; one, ascending for the foundation of human government to the laws of nature and of God, written upon the heart of man; the other, resting upon the basis of human institutions, and prescriptive law, and colonial charter. The corner stone of the one was right, that of the other was power. ...

Where, then, did each State get the sovereignty, freedom, and independence, which the articles of confederation declare it retains?--not from the whole people of the whole Union--not from the Declaration of Independence--not from the people of the State itself. It was assumed by agreement between the legislatures of the several States, and their delegates in Congress, without authority from or consultation of the people at all.

In the Declaration of Independence, the enacting and constituent party dispensing and delegating sovereign power is the whole people of the United Colonies. The recipient party, invested with power, is the United Colonies, declared United States.

In the articles of confederation, this order of agency is inverted. Each State is the constituent and enacting party, and the United States in Congress assembled the recipient of delegated power--and that power delegated with such a penurious and carking hand that it had more the aspect of a revocation of the Declaration of Independence than an instrument to carry it into effect.

None of these indispensably necessary powers were ever conferred by the State legislatures upon the Congress of the federation; and well was it that they never were. The system itself was radically defective. Its incurable disease was an apostasy from the principles of the Declaration of Independence. A substitution of separate State sovereignties, in the place of the constituent sovereignty of the people, was the basis of the Confederate Union.

In the Congress of the confederation, the master minds of James Madison and Alexander Hamilton were constantly engaged through the closing years of the Revolutionary War and those of peace which immediately succeeded. That of John Jay was associated with them shortly after the peace, in the capacity of secretary to the Congress for foreign affairs. The incompetency of the articles of confederation for the management of the affairs of the Union at home and abroad was demonstrated to them by the painful and mortifying experience of every day. Washington, though in retirement, was brooding over the cruel injustice suffered by his associates in arms, the warriors of the Revolution; over the prostration of the public credit and the faith of the nation, in the neglect to provide for the payment even of the interest upon the public debt; over the disappointed hopes of the friends of freedom; in the language of the address from Congress to the States of the eighteenth of April, 1783 --"the pride and boast of America, that the rights for which she contended were the rights of human nature."

At his residence at Mount Vernon, in March 1785, the first idea was started of a revisal of the articles of confederation, by an organization, of means differing from that of a compact between the State legislatures and their own delegates in Congress. A convention of delegates from the State legislatures, independent of the Congress itself, was the expedient which presented itself for effecting the purpose, and an augmentation of the powers of Congress for the regulation of commerce, as the object for which this assembly was to be convened. In January 1786 the proposal was made and adopted in the legislature of Virginia, and communicated to the other State legislatures.

The convention was held at Annapolis, in September of that year. It was attended by delegates from only five of the central States, who, on comparing their restricted powers with the glaring and universally acknowledged defects of the confederation reported only a recommendation for the assemblage of another convention of delegates to meet at Philadelphia, in May 1787, from all the States, and with enlarged powers.

The Constitution of the United States was the work of this convention. But in its construction the convention immediately perceived that they must retrace their steps, and fall back from a league of friendship between sovereign States to the constituent sovereignty of the people; from power to right--from the irresponsible despotism of State sovereignty to the self-evident truths of the Declaration of Independence. In that instrument, the right to institute and to alter governments among men was ascribed exclusively to the people--the ends of government were declared to be to secure the natural rights of man; and that when the government degenerates from the promotion to the destruction of that end, the right and the duty accrues to the people to dissolve this degenerate government and to institute another. The signers of the Declaration further averred, that the one people of the United Colonies were then precisely in that situation--with a government degenerated into tyranny, and called upon by the laws of nature and of nature's God to dissolve that government and to institute another. Then, in the name and by the authority of the good people of the colonies, they pronounced the dissolution of their allegiance to the king, and their eternal separation from the nation of Great Britain--and declared the United Colonies independent States. And here as the representatives of the one people they had stopped. They did not require the confirmation of this act, for the power to make the declaration had already been conferred upon them by the people, delegating the power, indeed, separately in the separate colonies, not by colonial authority, but by the spontaneous revolutionary movement of the people in them all.

From the day of that Declaration, the constituent power of the people had never been called into action. A confederacy had been substituted in the place of a government, and State sovereignty had usurped the constituent sovereignty of the people.

The convention assembled at Philadelphia had themselves no direct authority from the people. Their authority was all derived from the State legislatures. But they had the articles of confederation before them, and they saw and felt the wretched condition into which they had brought the whole people, and that the Union itself was in the agonies of death. They soon perceived that the indispensably needed powers were such as no State government, no combination of them, was by the principles of the Declaration of Independence competent to bestow. They could emanate only from the people. A highly respectable portion of the assembly, still clinging to the confederacy of States, proposed, as a substitute for the Constitution, a mere revival of the articles of confederation, with a grant of additional powers to the Congress. Their plan was respectfully and thoroughly discussed, but the want of a government and of the sanction of the people to the delegation of powers happily prevailed. A constitution for the people, and the distribution of legislative, executive, and judicial powers was prepared. It announced itself as the work of the people themselves; and as this was unquestionably a power assumed by the convention, not delegated to them by the people, they religiously confined it to a simple power to propose, and carefully provided that it should be no more than a proposal until sanctioned by the confederation Congress, by the State legislatures, and by the people of the several States, in conventions specially assembled, by authority of their legislatures, for the single purpose of examining and passing upon it.

And thus was consummated the work commenced by the Declaration of Independence--a work in which the people of the North American Union, acting under the deepest sense of responsibility to the Supreme Ruler of the universe, had achieved the most transcendent act of power that social man in his mortal condition can perform-- even that of dissolving the ties of allegiance by which he is bound to his country; of renouncing that country itself; of demolishing its government; of instituting another government; and of making for himself another country in its stead.

And on that day, of which you now commemorate the fiftieth anniversary,--on that thirtieth day of April, 1789,--was this mighty revolution, not only in the affairs of our own country, but in the principles of government over civilized man, accomplished.

The revolution itself was a work of thirteen years--and had never been completed until that day. The Declaration of Independence and the Constitution of the United States are parts of one consistent whole, founded upon one and the same theory of government, then new in practice, though not as a theory, for it had been working itself into the mind of man for many ages, and had been especially expounded in the writings of Locke, though it had never before been adopted by a great nation in practice.

There are yet, even at this day, many speculative objections to this theory. Even in our own country, there are still philosophers who deny the principles asserted in the Declaration, as self-evident truths--who deny the natural equality and inalienable rights of man --who deny that the people are the only legitimate source of power --who deny that all just powers of government are derived from the consent of the governed. Neither your time, nor perphaps the cheerful nature of this occasion, permit me here to enter upon the examination of this anti-revolutionary theory, which arrays State sovereignty against the constituent sovereignty of the people, and distorts the Constitution of the United States into a league of friendship between confederate corporations, I speak to matters of fact. There is the Declaration of Independence, and there is the Constitution of the United States--let them speak for themselves. The grossly immoral and dishonest doctrine of despotic State sovereignty, the exclusive judge of its own obligations, and responsible to no power on earth or in heaven, for the violation of them, is not there. The Declaration says, it is not in me. The Constitution says, it is not in me.

SAMUEL ADAMS (1723-1803)

Samuel Adams, called by his contemporaries, "the Father of the American Revolution," drew up in 1764 the instructions of the people of Boston to their representatives in the Massachusetts general assembly, containing what is said to be the first official denial of the right of the British Parliament to tax the Colonists.

Deeply religious by nature, having what Everett calls "a most angelic voice," studying sacred music as an avocation, and exhibiting through life the fineness of nerve and sensitiveness of temperament which gave him his early disposition to escape the storms of life by a career in the pulpit, circumstances, or rather his sense of fitness, dominating his physical weakness, imposed on him the work of leading in what results have shown to be the greatest revolution of history. So sensitive, physically, that he had "a tremulous motion of the head when speaking," his intellectual force was such that he easily became a leader of popular opposition to royal authority in New England. Unlike Jefferson in being a fluent public speaker, he resembled him in being the intellectual heir of Sidney and Locke. He showed very early in life the bent which afterwards forced him, as it did the naturally timid and retiring Jefferson, to take the leadership of the uneducated masses of the people against the wealth, the culture, and the conservatism of the colonial aristocracy.

After passing through the Lovell School he graduated at Harvard College, and on proposing a thesis for his second degree, as college custom required, he defended the proposition that "it is lawful to resist the supreme authority, if the commonwealth cannot otherwise be preserved." Like questions had been debated during the Middle Ages from the time returning Crusaders brought back with them copies of Aristotle and other great Greek philosophers whose authority was still reverenced at Byzantium and Bagdad when London and Paris knew nothing of them. Out of the denial of one set of schoolmen that a divine right to rule, greater than that derived from the people, could exist in kings, grew the political controversy which preceded the English revolution against the Stuarts. Our revolution grew out of the English as the French grew out of ours, and in putting on his seal Cromwell's motto, "Rebellion to tyrants is obedience to God," Jefferson, the Virginian, illustrated the same intellectual heredity which Samuel Adams, the New Englander, showed in asserting the right of the people composing the Commonwealth to resist the supreme authority when in their judgment its exercise had become prejudicial to their rights or their interests.

From 1764 when he was chosen to present the denial made by the people of Boston of the English Parliament's right to tax them, until he joined Jefferson in forcing on the then unprepared mind of the public the idea of a complete and final separation from the "Mother Country," his aggressive denunciations of the English government's attempts at absolutism made him so hated by the English administration and its colonial representatives that, with John Hancock, he was specially exempted from General Gage's amnesty proclamation of June 1775, as "having committed offenses of too flagitious a nature to admit of any other consideration than that of condign punishment."

Joining with John Adams, Franklin, and Jefferson in forcing issues for complete separation from England and for the formal Declaration of Independence, Samuel Adams was himself the author of the celebrated circular letter addressed by the assembly of Massachusetts to the speakers of the several assemblies in other colonies. In 1774 he was chosen a member of the Continental Congress, where he took a prominent part in preventing the possibility of compromise with England. In 1794 he succeeded Hancock as governor of Massachusetts, retiring in 1797 because of "the increasing infirmities of age."

Like many other statesmen of his time he lived the greater part of his life in poverty, but his only son, dying before him, left him a property which supported him in his old age.

It is said that his great oration on American Independence, delivered at Philadelphia in August 1776, and published here, is the only complete address of his which has come down to us. It was translated into French and published in Paris, and it is believed that Napoleon borrowed from it the phrase, "A Nation of Shopkeepers," to characterize the English.

AMERICAN INDEPENDENCE

Countrymen and Brethren:--

I would gladly have declined an honor to which I find myself unequal. I have not the calmness and impartiality which the infinite importance of this occasion demands. I will not deny the charge of my enemies, that resentment for the accumulated injuries of our country, and an ardor for her glory, rising to enthusiasm, may deprive me of that accuracy of judgment and expression which men of cooler passions may possess. Let me beseech you, then, to hear me with caution, to examine your prejudice, and to correct the mistakes into which I may be hurried by my zeal.

Truth loves an appeal to the common sense of mankind. Your unperverted understandings can best determine on subjects of a practical nature. The positions and plans which are said to be above the comprehension of the multitude may be always suspected to be visionary and fruitless. He who made all men hath made the truths necessary to human happiness obvious to all.

Our forefathers threw off the yoke of Popery in religion; for you is reserved the honor of leveling the popery of politics. They opened the Bible to all, and maintained the capacity of every man to judge for himself in religion. Are we sufficient for the comprehension of the sublimest spiritual truths, and unequal to material and temporal ones?

Heaven hath trusted us with the management of things for eternity, and man denies us ability to judge of the present, or to know from our feelings the experience that will make us happy. "You can discern," they say, "objects distant and remote, but cannot perceive those within your grasp. Let us have the distribution of present goods, and cut out and manage as you please the interests of futurity." This day, I trust, the reign of political protestantism will commence. We have explored the temple of royalty, and found that the idol we have bowed down to has eyes which see not, ears that hear not our prayers, and a heart like the nether millstone. We have this day restored the Sovereign to whom alone men ought to be obedient. He reigns in Heaven, and with a propitious eye beholds his subjects assuming that freedom of thought and dignity of self-direction which he bestowed on them. From the rising to the setting sun, may his kingdom come!

Having been a slave to the influence of opinion early acquired, and distinctions generally received, I am ever inclined not to despise but pity those who are yet in darkness. But to the eye of reason what can be more clear than that all men have an equal right to happiness? Nature made no other distinction than that of higher and lower degrees of power of mind and body. But what mysterious distribution of character has the craft of statesmen, more fatal than priestcraft, introduced?

According to their doctrine, the offspring of perhaps the lewd embraces of a successful invader shall, from generation to generation, arrogate the right of lavishing on their pleasures a proportion of the fruits of the earth, more than sufficient to supply the wants of thousands of their fellow-creatures; claim authority to manage them like beasts of burthen, and, without superior industry, capacity, or virtue, nay, though disgraceful to humanity by their ignorance, intemperance, and brutality, shall be deemed best calculated to frame laws and to consult for the welfare of society.

Were the talents and virtues which heaven has bestowed on men given merely to make them more obedient drudges, to be sacrificed to the follies and ambition of a few? Or, were not the noble gifts so equally dispensed with a divine purpose and law, that they should as nearly as possible be equally exerted, and the blessings of Providence be equally enjoyed by all? Away, then, with those absurd systems which to gratify the pride of a few debase the greater part of our species below the order of men. What an affront to the King of the universe, to maintain that the happiness of a monster, sunk in debauchery and spreading desolation and murder among men, of a Caligula, a Nero, or a Charles, is more precious in his sight than that of millions of his suppliant creatures, who do justice, love mercy, and walk humbly with their God! No, in the judgment of heaven there is no other superiority among men than a superiority in wisdom and virtue. And can we have a safer model in forming ours? The Deity, then, has not given any order or family of men authority over others; and if any men have given it, they only could give it for themselves. Our forefathers, 'tis said, consented to be subject to the laws of Great Britain. I will not, at present, dispute it, nor mark out the limits and conditions of their submission; but will it be denied that they contracted to pay obedience and to be under the control of Great Britain because it appeared to them most beneficial in their then present circumstances and situations? We, my countrymen, have the same right to consult and provide for our happiness which they had to promote theirs. If they had a view to posterity in their contracts, it must have been to advance the felicity of their descendants. If they erred in their expectations and prospects, we can never be condemned for a conduct which they would have recommended had they foreseen our present condition.

Ye darkeners of counsel, who would make the property, lives and religion of millions depend on the evasive interpretations of musty parchments; who would send us to antiquated charters of uncertain and contradictory meaning, to prove that the present generation are not bound to be victims to cruel and unforgiving despotism, tell us whether our pious and generous ancestors bequeathed to us the miserable privilege of having the rewards of our honesty, industry, the fruits of those fields which they purchased and bled for, wrested from us at the will of men over whom we have no check. Did they contract for us that, with folded arms, we should expect that justice and mercy from brutal and inflamed invaders which have been denied to our supplications at the foot of the throne? Were we to hear our character as a people ridiculed with indifference? Did they promise for us that our meekness and patience should be insulted; our coasts harassed, our towns demolished and plundered, and our wives and offspring exposed to nakedness, hunger, and death, without our feeling the resentment of men, and exerting those powers of self-preservation which God has given us? No man had once a greater veneration for Englishmen than I entertained. They were dear to me as branches of the same parental trunk, and partakers of the same religion and laws; I still view with respect the remains of the constitution as I would a lifeless body, which had once been animated by a great and heroic soul. But when I am aroused by the din of arms; when I behold legions of foreign assassins, paid by Englishmen to imbrue their hands in our blood; when I tread over the uncoffined bodies of my countrymen, neighbors, and friends; when I see the locks of a venerable father torn by savage hands, and a feeble mother, clasping her infants to her bosom, and on her knees imploring their lives from her own slaves, whom Englishmen have allured to treachery and murder; when I behold my country, once the seat of industry, peace, and plenty, changed by Englishmen to a theatre of blood and misery, Heaven forgive me, if I cannot root out those passions which it has implanted in my bosom, and detest submission to a people who have either ceased to be human, or have not virtue enough to feel their own wretchedness and servitude!