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Items 21-40 of 62

  • Federalist 39

     |  Rethinking Union and Government

    Federalist 39 Federalist 39 1 James Madison Responding to the Anti-Federalist charge that the Constitution will consolidate power at the national level, Publius sets up a five-prong test to demonstrate that the Constitution will establish neither a wholly national government nor one in which all the power resides with the states. A combination, he argues, creates the best chance for liberty. January 16, 1788 The Conformity of the Plan to Republican Principles The last paper having concluded the observations which were meant to introduce a candid survey of the plan of government reported by the convention, we now proceed to the execution of that part of our undertaking. The first question that offers itself is whether the general form ...

  • Federalist 52

     |  Three Branches of Government

    Federalist 52 Federalist 52 1 James Madison The House of Representatives is designed, Publius explains, to be closest to the people. February 8, 1788 The House of Representatives From the more general inquiries pursued in the four last papers, I pass on to a more particular examination of the several parts of the government. I shall begin with the House of Representatives. The first view to be taken of this part of the government relates to the qualifications of the electors and the elected. Those of the former are to be the same with those of the electors of the most numerous branch of the State legislatures. The definition of the right of suffrage is very justly regarded as a fundamental article of republican government. It was incumbent ...

  • Federalist 54

     |  Roots of the Slavery Crisis

    Federalist 54 Federalist 54 1 James Madison Madison here gives voice to the understanding of the South regarding the three-fifths clause of the Constitution, which required that three-fifths of the slaves in each state be counted for purposes of representation. This clause had a strange history. Most Southerners argued that slaves should be counted as full persons for voting purposes, while Northerners opposed to slavery advocated that they not be counted at all. Here Madison's "Southerner" presents the compromise position with approval, but in the process admits much of its moral illogic. February 12, 1788 The Apportionment of Members Among the States ..."We subscribe to the doctrine," might one of our Southern brethren observe, "that ...

  • Federalist 57

     |  Three Branches of Government

    Federalist 57 Federalist 57 1 James Madison Publius explains the necessity of virtue in elected representatives and of a spirit of manly vigilance in the American people. February 19, 1788 The Alleged Tendency of the New Plan to Elevate the Few at the Expense of the Many Considered in Connection with Representation The third charge against the House of Representatives is that it will be taken from that class of citizens which will have least sympathy with the mass of the people, and be most likely to aim at an ambitious sacrifice of the many to the aggrandizement of the few. Of all the objections which have been framed against the federal Constitution, this is perhaps the most extraordinary. Whilst the objection itself is leveled against ...

  • Federalist 84

     |  Rethinking Union and Government

    Federalist 84 Federalist 84 1 Alexander Hamilton Although New York had ratified the Constitution by the time this essay was published, the debate it addresses lived on. The original Constitution did not include what came to be known as the Bill of Rights. Many Anti-Federalists ended up supporting the Constitution because of the concession made in some states that the first Congress would adopt a Bill of Rights. Publius here makes no such concession, arguing that a listing of rights would be potentially dangerous. In the end, Publius lost this battle, and even James Madison, despite his earlier opposition, ended up championing the Bill of Rights. August 9, 1788 Certain General and Miscellaneous Objections to the Constitution Considered and Answered ...

  • Letter to the Hebrew Congregation

     |  Religion, Morality, and Property

    Letter to the Hebrew Congregation Letter to the Hebrew Congregation 1 George Washington (1732-1799) The Constitution of 1787 said little directly about religion, with the notable exception of a ban on religious tests as a requirement for federal office. When Washington was elected president, the Bill of Rights had not yet been adopted. Despite this, in his response to a congratulatory note sent to him by a group of Jewish Americans, President Washington characterized religious liberty not as a gift of government or a matter of toleration, but as a natural right possessed by every human being. August 18, 1790 Gentlemen: While I receive, with much satisfaction, your Address replete with expressions of esteem; I rejoice in the opportunity ...

  • On Property

     |  Religion, Morality, and Property

    On Property On Property 1 James Madison Madison, known as the "Father of the Constitution," was elected from Virginia to the U.S. House of Representatives in 1788, where he served four terms. This essay, which then-Congressman Madison wrote for a New York newspaper, connects the idea of property rights as commonly understood to man's natural rights, culminating in the right of conscience. March 29, 1792 This term in its particular application means "that dominion which one man claims and exercises over the external things of the world, in exclusion of every other individual." In its larger and juster meaning, it embraces every thing to which a man may attach a value and have a right; and which leaves to every one else the like advantage ...

  • Letter to Henri Gregoire

     |  Roots of the Slavery Crisis

    Letter to Henri Gregoire Letter to Henri Gregoire 1 Thomas Jefferson The Constitution specified that Congress could not prohibit the importation of slaves until 1808. President Jefferson signed the bill to bring about this prohibition in March 1807 and it went into effect on January 1, 1808. Writing here a year later, he maintains hopes for an end to slavery itself. February 25, 1809 Sir: I have received the favor of your letter of August 17th, and with it the volume you were so kind as to send me on the "Literature of Negroes." Be assured that no person living wishes more sincerely than I do, to see a complete refutation of the doubts I have myself entertained and expressed on the grade of understanding allotted to them by nature, and ...

  • Letter to John Holmes

     |  Roots of the Slavery Crisis

    Letter to John Holmes Letter to John Holmes 1 Thomas Jefferson Awakened to the looming crisis over slavery by the Missouri Compromise, Jefferson foresees in this letter that the Compromise was far from the final word on the matter. April 22, 1820 I thank you, dear Sir, for the copy you have been so kind as to send me of the letter to your constituents on the Missouri question. It is a perfect justification to them. I had for a long time ceased to read newspapers, or pay any attention to public affairs, confident they were in good hands, and content to be a passenger in our bark to the shore from which I am not distant. But this momentous question, like a fire bell in the night, awakened and filled me with terror. I considered it at once as the ...

  • Letter to Roger Weightman

     |  Natural Rights/American Revolution

    Letter to Roger Weightman Letter to Roger Weightman 1 Thomas Jefferson Written just days before his death on July 4, 1826, this letter to the mayor of Washington, D.C., encapsulates the great cause of Jefferson's life. June 24, 1826 Respected Sir: The kind invitation I receive from you, on the part of the citizens of the city of Washington, to be present with them at their celebration on the fiftieth anniversary of American Independence, as one of the surviving signers of an instrument pregnant with our own, and the fate of the world, is most flattering to myself, and heightened by the honorable accompaniment proposed for the comfort of such a journey. It adds sensibly to the sufferings of sickness, to be deprived by it of a personal participation ...

  • Speech on Reception of Abolition Petitions

     |  Roots of the Slavery Crisis

    Speech on Reception of Abolition Petitions Speech on Reception of Abolition Petitions 1 John C. Calhoun (1782-1850) The number of slaves in America had grown from 700,000 in 1790 to over two million in 1830. Northern opposition to slavery was growing in the 1820s and 1830s, as it became clear that hopes for a withering away of slavery were unrealistic. This elicited a similarly strong response from slavery's foremost advocates. In 1836, the House of Representatives passed a "gag rule" that tabled abolition discussions. Here, Senator John C. Calhoun champions a similar resolution in the Senate. His argument became the linchpin of what came to be called the "positive good" school of thought regarding slavery, one all but absent from the debates of the two previous ...

  • Speech on the Oregon Bill

     |  Roots of the Slavery Crisis

    Speech on the Oregon Bill Speech on the Oregon Bill 1 John C. Calhoun Even worse than political errors such as the Northwest Ordinance, Calhoun argues here, are theoretical errors, chief of which is the equality principle of the Declaration of Independence. June 27, 1848 ...I turn now to my friends of the South, and ask: What are you prepared to do? If neither the barriers of the constitution nor the high sense of right and justice should prove sufficient to protect you, are you prepared to sink down into a state of acknowledged inferiority; to be stripped of your dignity of equals among equals, and be deprived of your equality of rights in this federal partnership of States? If so, you are woefully degenerated from your sires, and will well ...

  • The Constitution and the Union

     |  Roots of the Slavery Crisis

    The Constitution and the Union The Constitution and the Union 1 Daniel Webster (1782-1852) Webster began representing Massachusetts in the U.S. Senate in 1813, and by the 1830s had attained a national reputation—in part as a result of his Senate debates with nullification proponent Senator Robert Hayne of South Carolina. Webster spent the final decade of his life attempting to avert the growing sectional divide, never wavering in his defense of the Union. In this speech he restated his longstanding conviction that "Peaceable secession is an utter impossibility." He died two years later, in 1852, with the nation divided. March 7, 1850 Mr. President: I wish to speak today, not as a Massachusetts man, nor as a Northern man, but as an American ...

  • Alabama Slave Code of 1852

     |  Roots of the Slavery Crisis

    Alabama Slave Code of 1852 Alabama Slave Code of 1852 1 Growth in the slave population and threats from abolitionists led Southern states to adopt new slave codes in the mid-nineteenth century. Alabama's revised code, adopted in 1852 and in effect until the end of the Civil War, built on a previous code from 1833. 1852 Chapter III. Patrols. §983. All white male owners of slaves, below the age of sixty years, and all other free white persons, between the ages of eighteen and forty-five years, who are not disabled by sickness or bodily infirmity, except commissioned officers in the militia, and persons exempt by law from the performance of militia duty, are subject to perform patrol duty.... §990. Each detachment must patrol such parts of ...

  • Speech on the Kansas-Nebraska Act

     |  Crisis of Constitutionalism

    Speech on the Kansas-Nebraska Act Speech on the Kansas-Nebraska Act 1 Abraham Lincoln Supporters of the Compromise of 1850 lauded it as a continuation of the Missouri Compromise, which had helped maintain peace for thirty years. But four years later, the Missouri Compromise was eviscerated by the Kansas-Nebraska Act. Authored by Democratic Senator Stephen Douglas, it was in fact two provisions, one providing for the territory of Nebraska and the other for the new territory of Kansas. Breaking with the Missouri Compromise's ban on slavery in this part of the country, it established the policy of "popular sovereignty": Slavery would be voted on by the citizens of each territory, and made legal or illegal according to the will of the majority. For Lincoln, this ...

  • Republican Party Platform of 1856

     |  Crisis of Constitutionalism

    Republican Party Platform of 1856 Republican Party Platform of 1856 1 Northern anger toward the Kansas-Nebraska Act reached its zenith in the late spring of 1854, when various anti-slavery forces coalesced in Jackson, Michigan. Organized around the principles of the Declaration of Independence, the Republican Party was born out of this meeting. It would adopt a platform two years later that called for repeal of the Kansas-Nebraska Act and restoration of the Missouri Compromise. June 17, 1856 This convention of delegates, assembled in pursuance of a call addressed to the people of the United States, without regard to past political differences or divisions, who are opposed to the repeal of the Missouri Compromise, to the policy of the present Administration ...

  • Dred Scott v. Sandford

     |  Crisis of Constitutionalism

    Dred Scott v. Sandford Dred Scott v. Sandford 1 Roger Taney (1777-1864) Like Stephen Douglas, Supreme Court Chief Justice Taney believed that his response to the slavery controversy would resolve the issue. His ruling in Dred Scott v. Sandford had the opposite result, throwing the country into even greater turmoil. The case was brought by a slave, Dred Scott, who was taken by his master into territory in which slavery was illegal. Asked to rule simply on whether Scott's residency in a free territory meant that he should be granted freedom, the Court ruled that Congress had no power to regulate slavery in the territories and that persons of African descent could not be citizens, rendering both the Missouri Compromise and the Compromise of 1850 unconstitutional ...

  • Speech on the Dred Scott Decision

     |  Crisis of Constitutionalism

    Speech on the Dred Scott Decision Speech on the Dred Scott Decision 1 Abraham Lincoln Lincoln argues that Chief Justice Taney's opinion in Dred Scott v. Sandford violated America's founding principles and rewrote American history. June 26, 1857 ...And now as to the Dred Scott decision. That decision declares two propositions—first, that a negro cannot sue in the U.S. Courts; and secondly, that Congress cannot prohibit slavery in the Territories. It was made by a divided court—dividing differently on the different points. Judge Douglas does not discuss the merits of the decision; and, in that respect, I shall follow his example, believing I could no more improve on McLean and Curtis, than he could on Taney. He denounces all who question ...

  • A House Divided

     |  Crisis of Constitutionalism

    A House Divided A House Divided 1 Abraham Lincoln Lincoln delivered this speech upon his nomination as the Republican candidate for the U.S. Senate in Illinois, where he would square off against incumbent Senator Stephen Douglas. Drawing the leading metaphor from a passage in the Gospel of Matthew, Lincoln held that pro-slavery forces—Douglas, Franklin Pierce (president when the Kansas-Nebraska Act was adopted), Roger Taney, and James Buchanan (president when Dred Scott was decided)—were working in concert to effect a national policy legalizing slavery in all states and territories. Papers throughout the North reprinted the text of the speech, propelling Lincoln to new prominence. June 16, 1858 Mr. President and Gentlemen of the Convention: If ...

  • Speech at Chicago

     |  Crisis of Constitutionalism

    Speech at Chicago Speech at Chicago 1 Stephen Douglas (1813-1861) As the primary author of the Kansas-Nebraska Act and the most vocal defender of the Dred Scott decision, Douglas traveled extensively promoting the concept of popular sovereignty, which he equated with republican self-government. The national reputation he garnered in the process would, he hoped, serve him well in a future presidential bid. July 9, 1858 ...Fellow-citizens, while I devoted my best energies—all my energies, mental and physical—to the vindication of the great principle, and whilst the result has been such as will enable the people of Kansas to come into the Union with such a constitution as they desire, yet the credit of this great moral victory is to be divided ...
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