American Eloquence Volume I Part 1

American Eloquence.

Volume I.

by Various.

PREFACE TO THE REVISED EDITION.

In offering to the public a revised edition of Professor Johnston's American Eloquence, a brief statement may be permitted of the changes and additions involved in the revision. In consideration of the favor with which the compilation of Professor Johnston had been received, and of its value to all who are interested in the study of American history, the present editor has deemed it wise to make as few omissions as possible from the former volumes. The changes have been chiefly in the way of additions. The omission, from the first volume, of Washington's Inaugural and President Nott's oration on the death of Hamilton is the result, not of a depreciation of the value of these, but of a desire to utilize the s.p.a.ce with selections and subjects which are deemed more directly valuable as studies in American political history. Madison's speech on the adoption of the Const.i.tution, made before the Virginia Convention, is subst.i.tuted for one of Patrick Henry's on the same occasion. Madison's is a much more valuable discussion of the issues and principles involved, and, besides, the volume has the advantage of Henry's eloquence when he was at his best, at the opening of the American Revolution. In compensation for the omissions there are added selections, one each from Otis, Samuel Adams, Gallatin, and Benton. The completed first volume, therefore, offers to the student of American political history chapters from the life and work of sixteen representative orators and statesmen of America.

In addition to the changes made in the selections, the editor has added brief biographical sketches, references, and textual and historical notes which, it is hoped, will add to the educational value of the volumes, as well as to the interest and intelligence with which the casual reader may peruse the speeches.

As a teacher of American history, I have found no more luminous texts on our political history than the speeches of the great men who have been able, in their discussions of public questions, to place before us a contemporary record of the history which they themselves were helping to make. To the careful student the secondary authorities can never supply the place of the great productions, the messages and speeches, which historic occasions have called forth. The earnest historical reader will approach these orations, not with the design of regarding then merely as specimens of eloquence or as studies in language, but as indicating the great subjects and occasions of our political history and the spirit and motives of the great leaders of that history. The orations lead the student to a review of the great struggles in which the authors were engaged, and to new interest in the science of government from the utterances and permanent productions of master partic.i.p.ants in great political controversies. Certainly, there is no text-book in political science more valuable than the best productions of great statesmen, as reflecting the ideas of those who have done most to make political history.

With these ideas in mind, the editor has added rather extensive historical notes, with the purpose of suggesting the use of the speeches as the basis of historical study, and of indicating other similar sources for investigation. These notes, together with explanations of any obscurities in the text, and other suggestions for study, will serve to indicate the educational value of the volumes; and it is hoped that they may lead many teachers and students to see in these orations a text suitable as a guide to valuable studies in American political history.

The omissions of parts of the speeches, made necessary by the exigencies of s.p.a.ce, consist chiefly of those portions which were but of temporary interest and importance, and which would not be found essential to an understanding of the subject in hand. The omissions, however, have always been indicated so as not to mislead the reader, and in most instances the substance of the omissions has been indicated in the notes.

The general division of the work has been retained: 1. Colonialism, to 1789. Const.i.tutional Government, to 1801. 3. The Rise of Democracy, to 1815. 4. The Rise of Nationality, to 1840. 5. The Slavery Struggle, to 1860. 6. Secession and Civil War, to 1865. The extension of the studies covering these periods, by the addition of much new material has made necessary the addition of a fourth volume, which embraces the general subjects, (1) Reconstruction; (2) Free Trade and Protection; (3) Finance; (4) Civil-Service Reform. Professor Johnston's valuable introductions to the several sections have been substantially retained.

By the revision, the volumes will be confined entirely to political oratory. Literature and religion have, each in its place, called forth worthy utterances in American oratory. These, certainly, have an important place in the study of our national life. But it has been deemed advisable to limit the scope of these volumes to that field of history which Mr. Freeman has called "past politics,"--to the process by which Americans, past and present, have built and conducted their state.

The study of the state, its rise, its organization, and its development, is, after all, the richest field for the student and reader of history.

"History." says Professor Seeley, "may be defined as the biography of states. To study history thus is to study politics at the same time. If history is not merely eloquent writing, but a serious scientific investigation, and if we are to consider that it is not mere anthropology or sociology, but a science of states, then the study of history is absolutely the study of politics." It is into this great field of history that these volumes would direct the reader.

No American scholar had done more, before his untimely death, than the original editor of these orations, to cultivate among Americans an intelligent study of our politics and political history. These volumes, which he designed, are a worthy memorial of his appreciation of the value to American students of the best specimens of our political oratory.

J. A. W.

INTRODUCTORY.

All authorities are agreed that the political history of the United States, beyond much that is feeble or poor in quality, has given to the English language very many of its most finished and most persuasive specimens of oratory. It is natural that oratory should be a power in a republic; but, in the American republic, the force of inst.i.tutions has been reinforced by that of a language which is peculiarly adapted to the display of eloquence. Collections of American orations have been numerous and useful, but the copiousness of the material has always proved a source of embarra.s.sment. Where the supply is so abundant, it is exceedingly difficult to make selections on any exact system, and yet impossible to include all that has a fair claim to the distinctive stamp of oratory. The results have been that our collections of public speeches have proved either unsatisfactory or unreasonably voluminous.

The design which has controlled the present collection has been to make such selections from the great orations of American history as shall show most clearly the spirit and motives which have actuated its leaders, and to connect them by a thread of commentary which shall convey the practical results of the conflicts of opinion revealed in the selections. In the execution of such a work much must be allowed for personal limitations; that which would seem representative to one would not seem at all representative to others. It will not be difficult to mark omissions, some of which may seem to mar the completeness of the work very materially; the only claim advanced is that the work has been done with a consistent desire to show the best side of all lines of thought which have seriously modified the course of American history.

Some great names will be missed from the list of orators, and some great addresses from the list of orations; the apology for their omission is that they have not seemed to be so closely related to the current of American history or so operative upon its course as to demand their insertion. Any errors under this head have occurred in spite of careful consideration and anxious desire to be scrupulously impartial.

Very many of the orations selected have been condensed by the omission of portions which had no relevancy to the purpose in hand, or were of only a temporary interest and importance. Such omissions have been indicated, so that the reader need not be misled, while the effort has been made to so manage the omissions as to maintain a complete logical connection among the parts which have been put to use. A tempting method of preserving such a connection is, of course, the insertion of words or sentences which the speaker might have used, though he did not; but such a method seemed too dangerous and possibly too misleading, and it has been carefully avoided. None of the selections contain a word of foreign matter, with the exception of one of Randolph's speeches and Mr.

Beecher's Liverpool speech, where the matter inserted has been taken from the only available report, and is not likely to mislead the reader.

For very much the same reason, footnotes have been avoided, and the speakers have been left to speak for themselves.

Such a process of omission will reveal to any one who undertakes it an underlying characteristic of our later, as distinguished from our earlier, oratory. The careful elaboration of the parts, the restraint of each topic treated to its appropriate part, and the systematic development of the parts into a symmetrical whole, are as markedly present in the latter as they are absent in the former. The process of selection has therefore been progressively more difficult as the subject-matter has approached contemporary times. In our earlier orations, the distinction and separate treatment of the parts is so carefully observed that it has been comparatively an easy task to seize and appropriate the parts especially desirable. In our later orations, with some exceptions, there is an evidently decreasing attention to system. The whole is often a collection of _disjecta membra_ of arguments, so interdependent that omissions of any sort are exceedingly dangerous to the meaning of the speaker. To do justice to his meaning, and give the whole oration, would be an impossible strain on the s.p.a.ce available; to omit any portion is usually to lose one or more b.u.t.tresses of some essential feature in his argument. The distinction is submitted without any desire to explain it on theory, but only as a suggestion of a practical difficulty in a satisfactory execution of the work.

The general division of the work has been into (1) Colonialism, to 1789; (2) Const.i.tutional Government, to 1801; (5) the Rise of Democracy, to 1815; (4) the Rise of Nationality, to 1840; (5) the Slavery struggle, to 1860; (6) Secession and Reconstruction, to 1876; (7) Free Trade and Protection. In such a division, it has been found necessary to include, in a few cases, orations which have not been strictly within the time limits of the topic, but have had a close logical connection with it. It is hoped, however, that all such cases will show their own necessity too clearly for any need of further ex-planation or excuse.

I.

COLONIALISM.

THE FORMATION OF THE CONSt.i.tUTION.

It has been said by an excellent authority that the Const.i.tution was "extorted from the grinding necessities of a reluctant people." The truth of the statement is very quickly recognized by even the most surface student of American politics. The struggle which began in 1774-5 was the direct outcome of the spirit of independence. Rather than submit to a degrading government by the arbitrary will of a foreign Parliament, the Ma.s.sachusetts people chose to enter upon an almost unprecedented war of a colony against the mother country. Rather than admit the precedent of the oppression of a sister colony, the other colonies chose to support Ma.s.sachusetts in her resistance. Resistance to Parliament involved resistance to the Crown, the only power which had hitherto claimed the loyalty of the colonists; and one evil feature of the Revolution was that the spirit of loyalty disappeared for a time from American politics. There were, without doubt, many individual cases of loyalty to "Continental interests"; but the ma.s.s of the people had merely unlearned their loyalty to the Crown, and had learned no other loyalty to take its place. Their nominal allegiance to the individual colony was weakened by their underlying consciousness that they really were a part of a greater nation; their national allegiance had never been claimed by any power.

The weakness of the confederation was apparent even before its complete ratification. The Articles of Confederation were proposed by the Continental Congress, Nov. 15, 1777. They were ratified by eleven States during the year 1778, and Delaware ratified in 1779. Maryland alone held out and refused to ratify for two years longer. Her long refusal was due to her demand for a national control of the Western territory, which many of the States were trying to appropriate. It was not until there was positive evidence that the Western territory was to be national property that Maryland acceded to the articles, and they went into operation. The interval had given time for study of them, and their defects were so patent that there was no great expectation among thinking men of any other result than that which followed. The national power which the confederation sought to create was an entire nonent.i.ty.

There was no executive power, except committees of Congress, and these had no powers to execute. Congress had practically only the power to recommend to the States. It had no power to tax, to support armies or navies, to provide for the interest or payment of the public debt, to regulate commerce or internal affairs, or to perform any other function of an efficient national government. It was merely a convenient instrument of repudiation for the States; Congress was to borrow money and incur debts, which the States could refuse or neglect to provide for. Under this system affairs steadily drifted from bad to worse for some six years after the formal ratification of the articles. There seemed to be no remedy in the forms of law, for the articles expressly provided that no alteration was to be made except by the a.s.sent of every State. Congress proposed alterations, such as the temporary grant to Congress of power to levy duties on imports; but these proposals were always vetoed by one or more states.

In 1780, in a private letter, Hamilton had suggested a convention of the States to revise the articles, and as affairs grew worse the proposition was renewed by others. The first attempt to hold such a convention, on the call of Virginia, was a failure; but five States sent delegates to Annapolis, and these wisely contented themselves with recommending another convention in the following year. Congress was persuaded to endorse this summons; twelve of the States chose delegates, and the convention met at Philadelphia, May, 14, 1787. A quorum was obtained, May 25th, and the deliberations of the convention lasted until Sept.

28th, when the Const.i.tution was reported to Congress.

The difficulties which met the convention were mainly the results of the division of the States into large and small States. Ma.s.sachusetts, Connecticut, Virginia, North Carolina, and Georgia, the States which claimed to extend to the Mississippi on the west and cherished indefinite expectations of future growth, were the "large" States. They desired to give as much power as possible to the new national government, on condition that the government should be so framed that they should have control of it. The remaining States were properly "small" states, and desired to form a government which would leave as much power as possible to the States. Circ.u.mstances worked strongly in favor of a reasonable result. There never were more than eleven States in the convention. Rhode Island, a small State, sent no delegates. The New Hampshire delegates did not appear until the New York delegates (except Hamilton) had lost patience and retired from the convention.

Pennsylvania was usually neutral. The convention was thus composed of five large, five small, and one neutral State; and almost all its decisions were the outcome of judicious compromise.

The large States at first proposed a Congress in both of whose Houses the State representation should be proportional. They would thus have had a clear majority in both Houses, and, as Congress was to elect the President, and other officers, the government would thus have been a large State government. When "the little States gained their point," by forcing through the equal representation of the States in the Senate, the unsubstantial nature of the "national" pretensions of the large States at once became apparent. The opposition to the whole scheme centred in the large States, with very considerable a.s.sistance from New York, which was not satisfied with the concessions which the small States had obtained in the convention. The difficulty of ratification may be estimated from the final votes in the following State conventions: Ma.s.sachusetts, 187 to 163; New Hampshire, 57 to 46; Virginia, 89 to 79, and New York, 30 to 27. It should also be noted that the last two ratifications were only made after the ninth State (New Hampshire) had ratified, and when it was certain that the Const.i.tution would go into effect with or with-out the ratification of Virginia or New York. North Carolina did not ratify until 1789, and Rhode Island not until 1790.

The division between North and South also appeared in the convention. In order to carry over the Southern States to the support of the final compromise, it was necessary to insert a guarantee of the slave trade for twenty years, and a provision that three fifths of the slaves should be counted in estimating the population for State representation in Congress. But these provisions, so far as we can judge from the debates of the time, had no influence against the ratification of the Const.i.tution; the struggle turned on the differences between the national leaders, aided by the satisfied small States, on one side, and the leaders of the State party, aided by the dissatisfied States, large and small, on the other. The former, the Federalists, were successful, though by very narrow majorities in several of the States. Washington was unanimously elected the first President of the Republic; and the new government was inaugurated at New York, March 4, 1789.

The speech of Henry in the Virginia House of Delegates has been chosen as perhaps the best representative of the spirit which impelled and guided the American Revolution. It is fortunate that the ablest of the national leaders was placed in the very focus of opposition to the Const.i.tution, so that we may take Hamilton's argument in the New York convention and Madison's in the Virginia convention, as the most carefully stated conclusions of the master-minds of the National party.

JAMES OTIS

OF Ma.s.sACHUSETTS. (BORN 1725, DIED 1783.)

ON THE WRITS OF a.s.sISTANCE--BEFORE THE SUPERIOR COURT OF Ma.s.sACHUSETTS, FEBRUARY, 1761.

MAY IT PLEASE YOUR HONORS: I was desired by one of the court to look into the books, and consider the question now before them concerning Writs of a.s.sistance. I have accordingly considered it, and now appear not only in obedience to your order, but likewise in behalf of the inhabitants of this town, who have presented another pet.i.tion, and out of regard to the liberties of the subject. And I take this opportunity to declare, that whether under a fee or not (for in such a cause as this I despise a fee), I will to my dying day oppose with all the powers and faculties G.o.d has given me, all such instruments of slavery on the one hand, and villainy on the other, as this writ of a.s.sistance is.

It appears to me the worst instrument of arbitrary power, the most destructive of English liberty and the fundamental principles of law, that ever was found in an English law-book. I must therefore beg your honors' patience and attention to the whole range of an argument, that may perhaps appear uncommon in many things, as well as to points of learning that are more remote and unusual: that the whole tendency of my design may the more easily be perceived, the conclusions better descend, and the force of them be better felt. I shall not think much of my pains in this cause, as I engaged in it from principle. I was solicited to argue this cause as Advocate-General; and because I would not, I have been charged with desertion from my office. To this charge I can give a very sufficient answer. I renounced that office, and I argue this cause from the same principle; and I argue it with the greater pleasure, as it is in favor of British liberty, at a time when we hear the greatest monarch upon earth declaring from his throne that he glories in the name of Briton, and that the privileges of his people are dearer to him than the most valuable prerogatives of his crown; and as it is in opposition to a kind of power, the exercise of which in former periods of history cost one king of England his head, and another his throne. I have taken more pains in this cause than I ever will take again, although my engaging in this and another popular cause has raised much resentment.

But I think I can sincerely, declare, that I cheerfully submit myself to every odious name for conscience' sake; and from my soul I despise all those whose guilt, malice, or folly has made them my foes. Let the consequences be what they will, I am determined to proceed. The only principles of public conduct, that are worthy of a gentleman or a man, are to sacrifice estate, ease, health, and applause, and even life, to the sacred calls of his country.

These manly sentiments, in private life, make the good citizens; in public life, the patriot and the hero. I do not say that, when brought to the test, I shall be invincible. I pray G.o.d I may never be brought to the melancholy trial, but if ever I should, it will be then known how far I can reduce to practice principles which I know to be founded in truth. In the meantime I will proceed to the subject of this writ.

Your honors will find in the old books concerning the office of a justice of the peace, precedents of general warrants to search suspected houses. But in more modern books, you will find only special warrants to search such and such houses, specially named, in which the complainant has before sworn that he suspects his goods are concealed; and will find it adjudged, that special warrants only are legal. In the same manner I rely on it, that the writ prayed for in this pet.i.tion, being general, is illegal. It is a power that places the liberty of every man in the hands of every petty officer. I say I admit that special writs of a.s.sistance, to search special places, may be granted to certain persons on oath; but I deny that the writ now prayed for can be granted, for I beg leave to make some observations on the writ itself, before I proceed to other acts of Parliament. In the first place, the writ is universal, being directed "to all and singular justices, sheriffs, constables, and all other officers and subjects"; so that, in short, it is directed to every subject in the king's dominions. Every one with this writ may be a tyrant; if this commission be legal, a tyrant in a legal manner, also, may control, imprison, or murder anyone within the realm. In the next place, it is perpetual, there is no return. A man is accountable to no person for his doings. Every man may reign secure in his petty tyranny, and spread terror and desolation around him, until the trump of the archangel shall excite different emotions in his soul. In the third place, a person with this writ, in the daytime, may enter all houses, shops, etc., at will, and command all to a.s.sist him. Fourthly, by this writ, not only deputies, etc., but even their menial servants, are allowed to lord it over us. What is this but to have the curse of Canaan with a witness on us: to be the servant of servants, the most despicable of G.o.d's creation? Now one of the most essential branches of English liberty is the freedom of one's house. A man's house is his castle; and whilst he is quiet, he is as well guarded as a prince in his castle.

This writ, if it should be declared legal, would totally annihilate this privilege. Custom-house officers may enter our houses when they please; we are commanded to permit their entry. Their menial servants may enter, may break locks, bars, and everything in their way; and whether they break through malice or revenge, no man, no court can inquire. Bare suspicion without oath is sufficient. This wanton exercise of this power is not a chimerical suggestion of a heated brain. I will mention some facts. Mr. Pew had one of these writs, and when Mr. Ware succeeded him, he endorsed this writ over to Mr. Ware; so that these writs are negotiable from one officer to another; and so your honors have no opportunity of judging the persons to whom this vast power is delegated.

Another instance is this: Mr. Justice Walley had called this same Mr.

Ware before him, by a constable, to answer for a breach of the Sabbath-day acts, or that of profane swearing. As soon as he had finished, Mr. Ware asked him if he had done. He replied, "Yes." "Well then," said Mr. Ware, "I will show you a little of my power. I command you to permit me to search your house for uncustomed goods"; and went on to search the house from the garret to the cellar; and then served the constable in the same manner! But to show another absurdity in this writ: if it should be established, I insist upon it every person, by the 14th Charles Second, has this power as well as the custom-house officers. The words are: "it shall be lawful for any person or persons authorized," etc. What a scene does this open! Every man prompted by revenge, ill-humor, or wantonness to inspect the inside of his neighbor's house, may get a writ of a.s.sistance. Others will ask it from self-defence; one arbitrary exertion will provoke another, until society be involved in tumult and in blood: