Showing posts with label James Madison. Show all posts
Showing posts with label James Madison. Show all posts

Friday, May 11, 2012

Webster's Defense of Liberty

The War of 1812 was a brutal conflict between the infantile United States and the British Empire, and the culmination of years of unsettled dues from the Revolutionary War. The first real test of power since its independence, aside from the Barnaby Wars, the United States was faced with a dilemma; they lacked the proper ground troops to deal with such an impending crisis from the British Crown. Scrambling for solutions, then-president James Madison sought advice from his Secretary of State James Monroe who then pitched in his two cents -- instate a national draft of 40,000 men. It was this proposal that Senator Daniel Webster fiercely criticized on the House floor in his December address during the winter of 1815. His words are perhaps one of the most eloquent defenses I have read against conscription, against tyranny, and for liberty. Here's some food for thought:
"...Is this, Sir, consistent with the character of a free Government? Is this civil liberty? Is this the real character of our Constitution? No Sir, indeed it is not. The Constitution is libelled, foully libelled. The people of this country have not established for themselves such a fabric of despotism. They have not purchased at a vast expense of their own treasure and their own blood a Magna Carta to be slaves. Where is it written in the Constitution, in what article or section is it contained, that you may take children from their parents, & parents from their children, & compel them to fight the battles of any war, in which the folly or the wickedness of Government may engage it? Under what concealment has this power lain hidden, which now for the first time comes forth, with a tremendous & baleful aspect, to trample down & destroy the dearest rights of personal liberty? Who will show me any constitutional injunction, which makes it the duty of the American people to surrender everything valuable in life, & even life itself, not when the safety of their country & its liberties may demand the sacrifice, but whenever the purposes of an ambitious & mischievous Government may require it? Sir, I almost disdain to go to quotations & references to prove that such an abominable doctrine has no foundation in the Constitution of the country. It is enough to know that that instrument was intended as the basis of a free Government, & that the power contended for is incompatible with any notion of personal liberty. An attempt to maintain this doctrine upon the provisions of the Constitution is an exercise of perverse ingenuity to extract slavery from the substance of a free Government. It is an attempt to show, by proof & argument, that we ourselves are subjects of despotism, & that we have a right to chains & bondage, firmly secured to us & our children, by the provisions of our Government. It has been the labor of other men, at other times, to mitigate & reform the powers of Government by construction; to support the rights of personal security by every species of favorable & benign interpretation, & thus to infuse a free spirit into Governments, not friendly in their general structure & formation to public liberty."
He goes on to articulate the gruesome effects of the war on families and lives:
"...Sir, I invite the supporters of the measures before you to look to their actual operation. Let the men who have so often pledged their own fortunes & their own lives to the support of this war, look to the wanton sacrifice which they are about to make of their lives & fortunes. They may talk as they will about substitutes, & compensations, & exemptions. It must come to the draft at last. If the Government cannot hire men voluntarily to fight its battles, neither can individuals. If the war should continue, there will be no escape, & every man's fate, & every man's life will come to depend on the issue of the military draught. Who shall describe to you the horror which your orders of Conscription shall create in the once happy villages of this country? Who shall describe the distress & anguish which they will spread over those hills & valleys, where men have heretofore been accustomed to labor, & to rest in security & happiness. Anticipate the scene, Sir, when the class shall assemble to stand its draft, & to throw the dice for blood. What a group of wives & mothers, & sisters, of helpless age & helpless infancy, shall gather round the theatre of this horrible lottery, as if the stroke of death were to fall from heaven before their eyes, on a father, a brother, a son or an husband. And in a majority of cases, Sir, it will be the stroke of death. Under present prospects of the continuance of the war, not one half of them on whom your conscription shall fall will ever return to tell the tale of their sufferings. They will perish of disease & pestilence, or they will leave their bones to whiten in fields beyond the frontier. Does the lot fall on the father of a family? His children, already orphans, shall see his face no more. When they behold him for the last time, they shall see him lashed & fettered, & dragged away from his own threshold, like a felon & an outlaw. Does it fall on a son, the hope & the staff of aged parents. That hope shall fail them. On that staff they shall lean no longer. They shall not enjoy the happiness of dying before their children. They shall totter to their grave, bereft of their offspring, & unwept by any who inherit their blood. Does it fall on a husband? The eyes which watch his parting steps may swim in tears forever. She is a wife no longer. There is no relation so tender or so sacred, that, by these accursed measures, you do not propose to violate it. There is no happiness so perfect, that you do not propose to destroy it. Into the paradise of domestic life you enter, not indeed by temptations & sorceries, but by open force & violence."
Powerfully speaking, he once again affirms the principles of a free society:
"...In my opinion, Sir, the sentiments of the free population of this country are greatly mistaken here. The nation is not yet in a temper to submit to conscription. The people have too fresh & strong a feeling of the blessings of civil liberty to be willing thus to surrender it. You may talk to them as much as you please, of the victory & glory to be obtained in the Enemy's Provinces; they will hold those objects in light estimation, if the means be a forced military service. You may sing to them the song of Canada Conquests in all its variety, but they will not be charmed out of the remembrance of their substantial interests, & true happiness. Similar pretences, they know, are the graves in which the liberties of other nations have been buried, & they will take warning. Laws, Sir, of this nature can create nothing but opposition. If you scatter them abroad, like the fabled serpents' teeth, they will spring up into armed men. A military force cannot be raised, in this manner, but by the means of a military force. If the administration has found that it cannot form an army without conscription, it will find, if it ventures on these experiments, that it can not enforce conscription without an army. The Government was not constituted for such purposes. Framed in the spirit of liberty, & in the love of peace, it has no powers which render it able to enforce such laws. The attempt, if we rashly make it, will fail; & having already thrown away our peace, we may thereby throw away our Government."
Part of the Great Triumvirate of the Senate, Daniel Webster could not have used his talent of speaking more masterfully -- his speech is still very much relevant. Hopefully I am not being too chauvinistic, but let me say this; even in today's technocratic society, even in today's late industrial age, the principles Webster espouses is still very much alive, or at least something we should still hold dear. 

Sunday, March 11, 2012

Christianity and the Founding of the United States

In response to an individual who used the founding of the United States to justify opposing gay marriage:

Well I would expect you to at least give me one example as to why [the right to marry established in Supreme Court cases overturning interracial marriage laws] doesn't apply to gay marriage, or to recall your statement that marriage is a "privilege" but I suppose that would be too much to ask:

And don't justify your religious agenda by using "this nation was founded on theistic religious belief." This is the most overused, and misrepresented argument uttered by conservatives in defense of injecting religion and legislating morality in public policy. No, this nation was not founded on "theistic religious belief" and let me elaborate;

Firstly, many of our Founding Fathers were deists or anti-clerical, but most importantly they were children of the Enlightenment, believing in empiricism and the worth of scientific endeavors to support a seemingly naturalistic world view. This isn't to say they were all deists, some were religious, one being John Jay who believed that Christians are best fit to serve this country, but does not represent a public policy position. For that, you have to look at the ideas that were behind the Founding Documents.

Thomas Jefferson, the author of the Declaration of Independence, was vehemently opposed to religion. In his letters to Adams, he talks of the religious superstitions of Christianity as "one day being amongst the likes of Jupiter and other false gods." He authored the Jefferson Bible, where he rewrote the New Testament taking out the supernatural, believing strongly in the ethical teachings of Jesus but denying his divinity. Jefferson was the first to note and advocate the "wall between church and state" of the Founding Fathers, initially used by the founder of Rhode Island Baptist Roger Williams. He demonstrated his support of this separation in public policy as well apart from his private letters, writing the Virginia Statute for Religious Freedom, which would become the basis for the First Amendment and the Free Exercise Clause in the Constitution.

James Madison, the author of the Constitution, has expressed in countless letters his original secular intent of the government, calling for the "perfect separation between the ecclesiastical and civil matters" in a letter he wrote to Edward Livingston in 1822. He even expressed opposition to Congressional chaplains and days of prayer.

George Washington was arguably a deist, or at least a nonreligious man, although not expressing it in public, but rather his personal letters. He refused to take Holy Communion on Sundays. Benjamin Franklin was a deist, denouncing religion in many of his writings; "The way to see by Faith is to shut the eye of Reason." John Adams expressed doubts, especially in his writings to Jefferson. And Thomas Paine was perhaps the most outspoken of them all, completely denouncing religion and despising it in his book "The Age of Reason" and his other writings.

Also you should note, the Constitution makes no mention of "Jesus Christ, divinity, Bible, Creator, Divine, or God." And the Declaration of Independence, although mentioning the rights "endowed by our Creator," this does not make it explicitly Christian, it was simply the reiteration of a Lockean concept that Jefferson elaborated on.

And lastly one of the most important pieces of evidence for the secular intent of the United States is the Treaty of Tripoli signed in 1797. "As the Government of the United States of America is not, in any sense, founded on the Christian religion" is the direct quote from it, and was passed unanimously in the Senate, being read out loud on the Senate floor and copies being passed out for each Senator to read. There were no objections, because the secular intentions were clear, no matter how religious these Senators were they agreed on this basic concept of separation because they feared religion in politics would be destructive in the United States, as it had been in Great Britain. It was even published in the Pennsylvania Gazette with no public backlash. Although this treaty is now defunct, it makes the position of the Founding Fathers quite clear; that we were to be seen as a secular nation throughout the world, that we do not profess any particular faith, and that we are a nation that allows all different creeds none of which would ever hold an advantage or special privilege in the rule of law.

I hope that clears everything up for you, and I hope you also realize that even if all of this nation was Christian that would not make the United States a Christian nation. We are, at least our original intent was, to be a secular republic that does not succumb to mob rule of the majority; where the rights of the peoples are protected, and this includes their right of religion or belief not to be infringed by the legislating power of another. It was a pure product of the intellectual followers of the Enlightenment, and its importance cannot be understated.