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Often appears with: justice as a virtue · forms of government · crime and punishment · political legitimacy and consent · religious persecution and toleration · slavery and bondage · equity, mercy, and pardon · taxation, tribute, and revenue · education and the training of the young · contracts, oaths, and obligation · censorship and the press · marriage and betrothal
Usually: argument (349) · injustice endured (208) · indignation (154) · detachment (153) · skepticism (121) · exhortation (113) · censure (111) · narrative (66) · praise (34) · the test or trial (30)
“Go on, my dear friend, till you, and those who, like you, have been saved, so as by fire, from the dark prison-house, shall stereotype these free, illegal pulses into statutes; and New England, cutting loose from a blood-stained Union, shall glory in being the house of refuge for the oppressed,—” Frederick Douglass, Narrative of the Life of Frederick Douglass, an Amer · precept
“Suspicion is the companion of mean souls, and the bane of all good society.” Thomas Paine, Common Sense · insight
“No one shall be arrested or imprisoned upon the appeal of a woman, for the death of any other than her husband.” Anonymous, The Magna Carta · observation
“No freemen shall be taken or imprisoned or disseised or exiled or in any way destroyed, nor will we go upon him nor send upon him, except by the lawful judgment of his peers or by the law of the land.” Anonymous, The Magna Carta · precept
“To no one will we sell, to no one will we refuse or delay, right or justice.” Anonymous, The Magna Carta · insight
“Given under our hand - the above named and many others being witnesses - in the meadow which is called Runnymede, between Windsor and Staines, on the fifteenth day of June, in the seventeenth year of our reign.” Anonymous, The Magna Carta · observation
“The courts must declare the sense of the law; and if they should be disposed to exercise WILL instead of JUDGMENT, the consequence would equally be the substitution of their pleasure to that of the legislative body.” Alexander Hamilton; John Jay; James Madison, The Federalist Papers · precept
“If the representatives of the people betray their constituents, there is then no resource left but in the exertion of that original right of self-defense which is paramount to all positive forms of government, and which against the usurpations of the national rulers, may be exerted with infinitely better prospect of success than against those of the rulers of an individual state.” Alexander Hamilton; John Jay; James Madison, The Federalist Papers · insight
“With a disposition to invade the essential rights of the community, and with the means of gratifying that disposition, is it presumable that the persons who were actuated by it would amuse themselves in the ridiculous task of fabricating election laws for securing a preference to a favorite class of men?” Alexander Hamilton; John Jay; James Madison, The Federalist Papers · wit
“No man would refuse to give brass for silver or gold, because the latter had some alloy in it.” Alexander Hamilton; John Jay; James Madison, The Federalist Papers · precept
“a sovereignty over sovereigns, a government over governments, a legislation for communities, as contradistinguished from individuals, as it is a solecism in theory, so in practice it is subversive of the order and ends of civil polity, by substituting VIOLENCE in place of LAW, or the destructive COERCION of the SWORD in place of the mild and salutary COERCION of the MAGISTRACY.” Alexander Hamilton; John Jay; James Madison, The Federalist Papers · insight
“To bereave a man of life, says he, or by violence to confiscate his estate, without accusation or trial, would be so gross and notorious an act of despotism, as must at once convey the alarm of tyranny throughout the whole nation; but confinement of the person, by secretly hurrying him to jail, where his sufferings are unknown or forgotten, is a less public, a less striking, and therefore A MORE DANGEROUS ENGINE of arbitrary government.” Alexander Hamilton; John Jay; James Madison, The Federalist Papers · observation
In Maryland, free Black people had to carry frequently renewed “free papers,” which described appearance; Douglass describes how slaves could escape by borrowing papers, but he relied on a sailor’s protection instead.
good luck rather than bravery. My means of escape were provided for me by the very men who were making laws to hold and bind me more securely in slavery. It was the custom in the State of Maryland to require the free colored people to have what were called free papers. These instruments they were required to renew very often, and by charging a fee for this writing, considerable sums from time to time were collected …
In “Reconstruction,” Douglass urges the Thirty-ninth Congress to adopt statesmanlike reconstruction, arguing the outcome of the Civil War must determine whether the nation is rebuilt on loyalty, liberty, and equality.
profound interest. Questions of vast moment, left undecided by the last session of Congress, must be manfully grappled with by this. No political skirmishing will avail. The occasion demands statesmanship. Whether the tremendous war so heroically fought and so victoriously ended shall pass into history a miserable failure, barren of permanent results,—a scandalous and shocking waste of blood and treasure,—a strife f…
Douglass portrays the President’s campaign against Congress’s reconstruction plan as disgraceful, then argues Congress must begin with a “clean slate” in the former Confederate states and protect loyal Black and white citizens through enfranchisement.
by the people. The high reconstructive powers which he so confidently, ostentatiously, and haughtily claimed, have been disallowed, denounced, and utterly repudiated; while those claimed by Congress have been confirmed. Of the spirit and magnitude of the canvass nothing need be said. The appeal was to the people, and the verdict was worthy of the tribunal. Upon an occasion of his own selection, with the advice and a…
Suras CIX “Unbelievers” and CX “Unity” reject worship of other gods and affirm God’s oneness, while Sura CXI “Abu Lahab” curses Abu Lahab and his wife for rejecting Muhammad.
_______________________ 1 This Sura, which Nöldeke places last, and Muir sixth, in the earliest class of Meccan Suras, must at least have been composed prior to Sura xxxvii. 182,where it is quoted, and to Sura xv. 87, which refers to it. And it can scarcely be an accidental circumstance that the words of the first, second, and fifth verses do not occur in any other Suras of the first Meccan period as given by N”ldek…
A Qur’anic passage (Sura X and onward) continues with contrasts of Paradise for good and Fire for evil, divine witness and gathering on the last day, and arguments that only God creates, gives life, and deserves fear.
And God calleth to the abode of peace;5 and He guideth whom He will into the right way. Goodness6 itself and an increase of it for those who do good! neither blackness nor shame shall cover their faces! These shall be the inmates of Paradise, therein shall they abide for ever. And as for those who have wrought out evil, their recompense shall be evil of like degree, and shame shall cover them-no protector shall the…
The passage legislates war responses, says wine and gambling contain both sin and some advantage, gives rules for alms and fair dealing with orphans, forbids marriage with idolaters, regulates relations during menstruation, oaths, divorce waiting periods, and divorce procedures.
War is prescribed to you: but from this ye are averse. Yet haply ye are averse from a thing, though it be good for you, and haply ye love a thing though it be bad for you: And God knoweth; but ye, ye know not. They will ask thee concerning war in the Sacred Month. SAY: To war therein is bad, but to turn aside from the cause of God, and to have no faith in Him, and in the Sacred Temple, and to drive out its people, …
It continues divorce law: women’s obligations and men’s authority, rules for triple divorce and remarriage restrictions, limits on retaining wives unjustly, prohibits treating God’s signs as jest, and details breastfeeding, spousal waiting after death, and marriage proposals during iddah.
And it is for the women to act as they (the husbands) act by them, in all fairness; but the men are a step above them. God is Mighty, Wise. Ye may divorce your wives twice: Keep them honourably, or put them away with kindness. But it is not allowed you to appropriate to yourselves aught of what ye have given to them, unless both fear that they cannot keep within the bounds90 set up by God. And if ye fear that they c…
The editor argues that the crucifix question was really about a varnished print, criticizes Parliament’s intrusion into personal liberty, and supplies a Shaftesbury letter explaining his imperfect memory.
and brings me my print of the Passion, varnished by him, and the frame which is indeed very fine, though not so fine as I expected; but pleases me exceedingly." Whether he had or had not a crucifix in his house was a matter for himself alone, and the interference of the House of Commons was a gross violation of the liberty of the subject. In connection with Lord Shaftesbury's part in this matter, the late Mr. W. D.…
The text restores rights taken without lawful judgment, provides mercy-remedies via the twenty-five barons for unjust fines, rejects arrests on a woman’s appeal, and orders restitution of lands to Welshmen.
soon as peace is restored, we will banish from the kingdom all foreign-born knights, cross-bowmen, serjeants, and mercenary soldiers, who have come with horses and arms to the kingdom’s hurt. 52. If any one has been dispossessed or removed by us, without the legal judgment of his peers, from his lands, castles, franchises, or from his right, we will immediately restore them to him; and if a dispute arise over this, …
Clauses 28-37 restrict royal officials’ seizures, require permission or payment for taking goods, limit forfeiture and wardship practices, standardize measures, and protect freemen’s courts from improper writs.
chattels shall be distributed by the hands of his nearest kinsfolk and friends, under supervision of the Church, saving to every one the debts which the deceased owed to him. 28. No constable or other bailiff of ours shall take corn or other provisions from anyone without immediately tendering money therefor, unless he can have postponement thereof by permission of the seller. 29. No constable shall compel any knig…
Clauses 58-60 extend guarantees for Wales, require similar treatment for Alexander, king of Scots, and order that the agreed liberties apply across England to both clergy and laymen toward their dependents.
in Wales according to the law of Wales, and for tenements in the marches according to the law of the marches. Welshmen shall do the same to us and ours. 57. Further, for all those possessions from which any Welshman has, without the lawful judgment of his peers, been disseised or removed by King Henry our father, or King Richard our brother, and which we retain in our hand (or which are possessed by others, and whic…
Clauses 63-include the final settlement language: the English Church is to be free; men are to hold the charter’s liberties forever; both sides swear good-faith obedience; and it is given at Runnymede on 15 June 1215.
to molest us to the utmost of his power; and we publicly and freely grant leave to everyone who wishes to swear, and we shall never forbid anyone to swear. All those, moveover, in the land who of themselves and of their own accord are unwilling to swear to the twenty five to help them in constraining and molesting us, we shall by our command compel the same to swear to the effect foresaid. And if any one of the five…
Nausicaa questions Ulysses, then assures him Phaeacian hospitality for a foreigner under Zeus; she orders the maidservants to help, has him washed and clothed, and she and her household avoid harm from strangers.
still further suffering; for I do not think that I have yet come to the end of it, but rather that heaven has still much evil in store for me. “And now, O queen, have pity upon me, for you are the first person I have met, and I know no one else in this country. Show me the way to your town, and let me have anything that you may have brought hither to wrap your clothes in. May heaven grant you in all things your hear…
After Antinous threatens Ulysses with violence, the other suitors warn him they might be facing a god in disguise, while Penelope learns her “beggar” has been struck and calls for Eumaeus to bring him to her.
always getting people into trouble. Still, if the poor have gods and avenging deities at all, I pray them that Antinous may come to a bad end before his marriage.” “Sit where you are, and eat your victuals in silence, or be off elsewhere,” shouted Antinous. “If you say more I will have you dragged hand and foot through the courts, and the servants shall flay you alive.” The other suitors were much displeased at thi…
Odysseus continues his Hades story, describing Agamemnon’s ghost telling how he was killed by Aegisthus and Clytemnestra, and urging Odysseus to keep secrets from his wife, especially in fear of treachery.
me therefore of those wondrous deeds. I could abide even till the bright dawn, so long as thou couldst endure to rehearse me these woes of thine in the hall.” And Odysseus of many counsels answered him, saying: “My lord Alcinous, most notable of all the people, there is a time for many words and there is a time for sleep. But if thou art eager still to listen, I would not for my part grudge to tell thee of other thi…
Du Bois argues that opposition to the Bureau’s necessity, voiced by Senator Davis, strengthened the push for Black suffrage, framing voting as the replacement for governmental guardianship and linking Reconstruction policy to a lasting race feud.
Bank died chiefly by reason of the blows of its selfish friends or the dark machinations of its foes, perhaps even time will never reveal, for here lies unwritten history. Of the foes without the Bureau, the bitterest were those who attacked not so much its conduct or policy under the law as the necessity for any such institution at all. Such attacks came primarily from the Border States and the South; and they were…
Du Bois says the Revolution of 1876 suppressed Black voting, after which Booker T. Washington became a leader aimed at compromise, and Du Bois critiques Washington’s submission-focused program as causing disfranchisement and educational decline.
was the main programme, and behind Douglass came Elliot, Bruce, and Langston, and the Reconstruction politicians, and, less conspicuous but of greater social significance, Alexander Crummell and Bishop Daniel Payne. Then came the Revolution of 1876, the suppression of the Negro votes, the changing and shifting of ideals, and the seeking of new lights in the great night. Douglass, in his old age, still bravely stood …
Du Bois lists a “triple paradox” in Washington’s position—economic self-help without suffrage, thrift alongside civic submission, and industrial common schools while relying on higher-trained teachers—then contrasts Black revolt and reformist critiques.
3. The steady withdrawal of aid from institutions for the higher training of the Negro. These movements are not, to be sure, direct results of Mr. Washington’s teachings; but his propaganda has, without a shadow of doubt, helped their speedier accomplishment. The question then comes: Is it possible, and probable, that nine millions of men can make effective progress in economic lines if they are deprived of politica…
Du Bois identifies a group of educated Black critics who honor Washington’s conciliation but insist on voting, civic equality, and education, arguing that abandoning these demands would sabotage progress.
and they insist that there is a demand for a few such institutions throughout the South to train the best of the Negro youth as teachers, professional men, and leaders. This group of men honor Mr. Washington for his attitude of conciliation toward the white South; they accept the “Atlanta Compromise” in its broadest interpretation; they recognize, with him, many signs of promise, many men of high purpose and fair ju…
Du Bois closes the Washington critique by calling for peaceful, civilized opposition to injustice while quoting the Declaration’s principle of equality, then begins a personal narrative about teaching in Tennessee.
by diplomacy and suaveness, by “policy” alone. If worse come to worst, can the moral fibre of this country survive the slow throttling and murder of nine millions of men? The black men of America have a duty to perform, a duty stern and delicate,—a forward movement to oppose a part of the work of their greatest leader. So far as Mr. Washington preaches Thrift, Patience, and Industrial Training for the masses, we mus…
Du Bois turns to economic relations, saying Americans imagine exploiting Black labor, but Emancipation left Black workers unprepared and without guidance, capital, land, or legal protection, making them vulnerable to ruthless competition.
man’s best interests at heart has been intensified in later years by this continual daily contact of the better class of blacks with the worst representatives of the white race. Coming now to the economic relations of the races, we are on ground made familiar by study, much discussion, and no little philanthropic effort. And yet with all this there are many essential elements in the cooperation of Negroes and whites…
Du Bois argues over Negro suffrage by tracing how Americans shifted from universal suffrage ideals after the French Revolution to acceptance of suppression, concluding that disfranchisement aims to eliminate Black political power.
the modern world is the power of the ballot; and this brings me to a consideration of the third form of contact between whites and blacks in the South,—political activity. In the attitude of the American mind toward Negro suffrage can be traced with unusual accuracy the prevalent conceptions of government. In the fifties we were near enough the echoes of the French Revolution to believe pretty thoroughly in universa…
He warns that removing Black voters prevents civic training and lets exploitation by the worst flourish, since a modern industrial system requires political voice, and disfranchisement leaves Black people voiceless on taxation, laws, and execution.
by open and unblushing bribery, or force and fraud; until the Negro voter was thoroughly inoculated with the idea that politics was a method of private gain by disreputable means. And finally, now, to-day, when we are awakening to the fact that the perpetuity of republican institutions on this continent depends on the purification of the ballot, the civic training of voters, and the raising of voting to the plane of…
In mourning, the narrator insists that the boy’s death is not the end, foresees a future where people judge workers by ability rather than race, yet grieves he must die in his bonds.
ambition insolence, had held your ideals unattainable, and taught you to cringe and bow. Better far this nameless void that stops my life than a sea of sorrow for you. Idle words; he might have borne his burden more bravely than we,—aye, and found it lighter too, some day; for surely, surely this is not the end. Surely there shall yet dawn some mighty morning to lift the Veil and set the prisoned free. Not for me,—I…
John and his sister discuss whether studying makes people unhappy, and later John goes to Judge Henderson to seek permission to teach the Negro school, despite feeling he has offended everyone.
Long they stood together, peering over the gray unresting water. “John,” she said, “does it make every one—unhappy when they study and learn lots of things?” He paused and smiled. “I am afraid it does,” he said. “And, John, are you glad you studied?” “Yes,” came the answer, slowly but positively. She watched the flickering lights upon the sea, and said thoughtfully, “I wish I was unhappy,—and—and,” putting both …
The LORD commands Israel to avoid Egyptian and Canaanite practices and stresses obedience to judgments, forbidding uncovering relatives’ “secrets,” and outlawing incest, adultery, same-sex male sex, and bestiality, warning that the land will be defiled and expel offenders.
And the LORD talked with Moses saying: speak unto the children of Israel, and say unto them, I am the LORD your God. Wherefore after the doings of the land of Egypt wherein ye dwelt, see that ye do not: neither after the doings of the land of Canaan, whether I will bring you, neither walk ye in their ordinances, but do after my judgments, and keep mine ordinances, to walk therein: for I am the LORD your God. Keep the…
It lists the Israelite tribes and Levitical families, counts Israel’s population and relevant male figures, and explains how Moses’ numbered generation would die in the wilderness except Caleb and Joshua.
and of Iezer, came the kindred of the Iezerites: and of Selem the kindred of Selemites. These are the kindreds of Naphthali in their generations in number forty five thousand and four hundred. These are the numbers of the children of Israel: six hundred thousand, and a thousand seven hundred and thirty. And the LORD spake unto Moses saying: unto these the land shall be divided to inherit, according to the number of n…
Jesus continues teaching in the temple treasury, warns listeners they will die in their sins unless they believe, debates his origin with Jewish hearers, and asserts truth versus falsehood as he is increasingly believed.
written in your law, that the testimony of two men is true. I am one that bear witness of myself, and my father that sent me beareth witness of me. Then said they unto him: where is thy father? Iesus answered: ye neither know me, nor yet my father. If ye had known me, ye should have known my father also. These words spake Iesus in the treasury, as he taught in the temple. And no man laid hands on him, For his time w…
Peter explains to Cornelius and his household that God is not partial, accepts those who fear him and work righteousness, and confirms Gentiles receive the Holy Ghost and are to be baptized.
the jews was warned by an holy angel, to send for thee in to his house, and to hear words of thee. Then called he them in, and lodged them. On the morrow Peter went with them, and certain brethren from Ioppa accompanied him. And the third day entered they into Cesaria. Cornelius waited for them, and had called together his kinsmen, and special friends. And as it chanced Peter to come in, Cornelius met him, and fell …
After the magistrates release Paul and Silas as Roman citizens, they visit Lydia’s group, then continue to Thessalonica and Berea, facing riots in Thessalonica and diligent scriptural study in Berea.
that belonged unto him straight way. When he had brought them into his house, he set meat before them, and joyed that he with all his household believed on God. And when it was day the officers sent the ministers saying: Let those men go. The keeper of the prison told this saying to Paul: the officers have sent word to loose you. Now therefore get you hence and go in peace. Then said Paul unto them: They have beaten…
After Syracuse, the senate hears the Campanians, who ask restored liberty and goods as Roman citizens; the question arises whether to involve the person who captured Capua, and the senate turns the matter to the Roman people.
and procuring relief from their calamities, and to receive themselves and the city of Syracuse under his protection and patronage; after which, the consul addressed them kindly and dismissed them. 33. An audience of the senate was then granted to the Campanians. Their speech was more calculated to excite compassion, but their case less favourable, for neither could they deny that they deserved the punishment they ha…
Following a popular order, the senate decides Campanian treatment: restoring goods and liberty to Vestia Oppia and Faucula Cluvia, confiscating or chaining others, freeing many without granting Roman citizenship, and relocating them beyond the Tiber or near Liris/Vulturnus.
what it is your pleasure should be done." The commons thus ordered: "Whatsoever the senate on oath, or the majority of those present, may determine, that we will and order." 34. The senate having taken the matter into their consideration in conformity with this order of the people, first restored to Oppia and Cluvia their goods and liberty; directing, that if they wished to solicit any other rewards from the senate,…
Scipio convenes Spanish hostages, sends them home with Roman protection, and responds to a motherly appeal for strict care of noble captive women, emphasizing Roman discipline and respect for matrons.
iron, sails, spartum, and other naval materials, of use in equipping a fleet; so that amid such large military stores which were captured, Carthage itself was of the least consideration. 48. Having ordered Caius Laelius with the marines to guard the city, Scipio led back his legions to the camp the same day in person; and as his soldiers were tired, as they had in one day gone through every kind of military labour; …
Valerius contends men enjoy purple and public distinctions while women are restricted; he says repealing the Oppian Law would reduce unjust inequality and that women’s ‘bondage’ should be moderated by husbands.
we contract for public works for ready money? Why are not slaves brought to serve in the army? Why do not we, private subjects, supply rowers as we did then? 7. "Shall, then, every other class of people, every individual, feel the improvement in the condition of the state; and shall our wives alone reap none of the fruits of the public peace and tranquillity? Shall we men have the use of purple, wearing the purple-b…
Phillips continues his appeal, comparing rights in Massachusetts with bondage in the South, urging protection for Douglass, criticizing laws and Constitution as lacking safeguards, and imagining New England becoming a true refuge for the oppressed.
they labor south of Mason and Dixon’s line. Tell us whether, after all, the half-free colored man of Massachusetts is worse off than the pampered slave of the rice swamps! In reading your life, no one can say that we have unfairly picked out some rare specimens of cruelty. We know that the bitter drops, which even you have drained from the cup, are no incidental aggravations, no individual ills, but such as must min…
Master Hugh treats Frederick’s injuries and seeks legal redress, but Esquire Watson says white testimony is required; Frederick is kept from returning and trained to calk under Walter Price.
to strike a white man is death by Lynch law,—and that was the law in Mr. Gardner’s ship-yard; nor is there much of any other out of Mr. Gardner’s ship-yard. I went directly home, and told the story of my wrongs to Master Hugh; and I am happy to say of him, irreligious as he was, his conduct was heavenly, compared with that of his brother Thomas under similar circumstances. He listened attentively to my narration of …
Herzl contends Jews remain a single people despite attempts to assimilate, because majorities decide who counts as a stranger and persecution prevents lasting equality, citing limits of assimilation by intermarriage.
We are a people--one people. We have honestly endeavored everywhere to merge ourselves in the social life of surrounding communities and to preserve the faith of our fathers. We are not permitted to do so. In vain are we loyal patriots, our loyalty in some places running to extremes; in vain do we make the same sacrifices of life and property as our fellow-citizens; in vain do we strive to increase the fame of our n…
Herzl argues Hungary’s legal mixed-marriage sanction is counterproductive because a baptized Jew married a Jewish woman, and he predicts prejudice will block absorption unless Jews gain economic power.
a Jewess. At the same time the struggle to obtain the present form of marriage accentuated distinctions between Jews and Christians, thus hindering rather than aiding the fusion of races. Those who really wished to see the Jews disappear through intermixture with other nations, can only hope to see it come about in one way. The Jews must previously acquire economic power sufficiently great to overcome the old social…
Herzl attributes modern anti-Semitism to political and economic causes tied to emancipation, argues rights cannot be withdrawn, claims crises would spread beyond Jews, and describes the vicious cycle of pressure, hostility, and Jewish revolution or capital power.
pressure to sustain, from within and from without. The Christian bourgeoisie would not be unwilling to cast us as a sacrifice to Socialism, though that would not greatly improve matters. At the same time, the equal rights of Jews before the law cannot be withdrawn where they have once been conceded. Not only because their withdrawal would be opposed to the spirit of our age, but also because it would immediately dri…
Herzl argues that the Jewish State need not unify under Hebrew: people will keep their home languages, national teachers will adopt the most useful tongue, and he rejects theocracy while ensuring freedom of faith and equality before the law.
LANGUAGE It might be suggested that our want of a common current language would present difficulties. We cannot converse with one another in Hebrew. Who amongst us has a sufficient acquaintance with Hebrew to ask for a railway ticket in that language? Such a thing cannot be done. Yet the difficulty is very easily circumvented. Every man can preserve the language in which his thoughts are at home. Switzerland affords…
Hamilton argues that frequent wars and constant threats would drive states to standing armies and strengthen executives, edging republics toward monarchy, with the risk that people trade freedom for safety.
to institutions which have a tendency to destroy their civil and political rights. To be more safe, they at length become willing to run the risk of being less free. The institutions chiefly alluded to are STANDING ARMIES and the correspondent appendages of military establishments. Standing armies, it is said, are not provided against in the new Constitution; and it is therefore inferred that they may exist under it…
He distinguishes countries where armies are small from those constantly threatened, arguing that perpetual danger elevates the military above civil society, making citizens accept soldiers as superiors and resist usurpations less effectively.
of nations, have produced an entire revolution in the system of war, and have rendered disciplined armies, distinct from the body of the citizens, the inseparable companions of frequent hostility. There is a wide difference, also, between military establishments in a country seldom exposed by its situation to internal invasions, and in one which is often subject to them, and always apprehensive of them. The rulers o…
Hamilton concludes that if the U.S. preserves the Union, it can enjoy an “insulated” security like Britain, but disunion would place the states in Europe-like rivalry that makes liberties vulnerable to mutual jealousy and foreign manipulation.
island may be enslaved from other causes; but it cannot be by the prowess of an army so inconsiderable as that which has been usually kept up within the kingdom. If we are wise enough to preserve the Union we may for ages enjoy an advantage similar to that of an insulated situation. Europe is at a great distance from us. Her colonies in our vicinity will be likely to continue too much disproportioned in strength to …
James Madison explains in The Federalist No. 10 that faction stems from human nature and unequal interests, and argues that neither abolishing liberty nor imposing uniformity is feasible, so cure must control effects not causes.
political life, because it nourishes faction, than it would be to wish the annihilation of air, which is essential to animal life, because it imparts to fire its destructive agency. The second expedient is as impracticable as the first would be unwise. As long as the reason of man continues fallible, and he is at liberty to exercise it, different opinions will be formed. As long as the connection subsists between hi…
Madison develops the argument that faction causes cannot be removed and relief lies in preventing majority coaction or disabling oppression through number and geographic dispersion, favoring republics over pure democracies.
desideratum by which this form of government can be rescued from the opprobrium under which it has so long labored, and be recommended to the esteem and adoption of mankind. By what means is this object attainable? Evidently by one of two only. Either the existence of the same passion or interest in a majority at the same time must be prevented, or the majority, having such coexistent passion or interest, must be re…
Hamilton warns that disunion would make American commerce prey to European powers, erode neutrality, and threaten rights to fisheries, Western lakes navigation, and the Mississippi, while arguing that naval capability depends on consolidated national resources.
mine of national wealth, would be stifled and lost, and poverty and disgrace would overspread a country which, with wisdom, might make herself the admiration and envy of the world. There are rights of great moment to the trade of America which are rights of the Union—I allude to the fisheries, to the navigation of the Western lakes, and to that of the Mississippi. The dissolution of the Confederacy would give room f…
Hamilton concludes that a viable federal government must act directly on citizens and enforce its own laws through courts and ordinary magistrates, distinguishing noncompliance from unconstitutional active resistance by states.
instances attempts to coerce the refractory and disobedient have been the signals of bloody wars, in which one half of the confederacy has displayed its banners against the other half. The result of these observations to an intelligent mind must be clearly this, that if it be possible at any rate to construct a federal government capable of regulating the common concerns and preserving the general tranquillity, it m…
Hamilton argues for Federalist No. 21 that the existing confederation lacks sanctions for its laws and lacks mutual guarantees among states, leaving the Union unable to stop usurpation or protect threatened liberties.
that the asylum under which, we trust, the enjoyment of these blessings will speedily be secured in this country, may receive and console them for the catastrophe of their own. I make no apology for having dwelt so long on the contemplation of these federal precedents. Experience is the oracle of truth; and where its responses are unequivocal, they ought to be conclusive and sacred. The important truth, which it une…
He argues that the real protection against peacetime military establishments is that representatives control power, and if they betray the people, resistance is easier and more systematized in a larger union than within one small state.
the militia, to preserve the peace of the community and to maintain the just authority of the laws against those violent invasions of them which amount to insurrections and rebellions. Independent of all other reasonings upon the subject, it is a full answer to those who require a more peremptory provision against military establishments in time of peace, to say that the whole power of the proposed government is to …
Hamilton gives examples of unconstitutional federal overreach—like changing a state’s laws of descent or abrogating a state land tax—showing that such acts would exceed jurisdiction under the Constitution’s concurrent scheme.
sought for in the specific powers upon which this general declaration is predicated. The declaration itself, though it may be chargeable with tautology or redundancy, is at least perfectly harmless. But SUSPICION may ask, Why then was it introduced? The answer is, that it could only have been done for greater caution, and to guard against all cavilling refinements in those who might hereafter feel a disposition to c…
Hamilton argues that opponents complain about the new Constitution without recalling the defects of the Confederation, listing specific dangers where Congress already had broad powers and the Confederation lacked a bill of rights and limited slave importation.
if it were to be immediately adopted, and were to continue in force, not until a BETTER, but until ANOTHER should be agreed upon by this new assembly of lawgivers. It is a matter both of wonder and regret, that those who raise so many objections against the new Constitution should never call to mind the defects of that which is to be exchanged for it. It is not necessary that the former should be perfect; it is suff…
Madison outlines restrictions on state powers, including bans on treaties, coinage, paper money emissions, bills of attainder and ex post facto laws, impairing contract obligations, and granting titles of nobility, while explaining limits on trade and later defending necessary-and-proper powers.
To the People of the State of New York: A fifth class of provisions in favor of the federal authority consists of the following restrictions on the authority of the several States:1. “No State shall enter into any treaty, alliance, or confederation; grant letters of marque and reprisal; coin money; emit bills of credit; make any thing but gold and silver a legal tender in payment of debts; pass any bill of attainder…
Hamilton contrasts single and compound republics, arguing the United States’ divided sovereignty creates double security for rights, and that multiplicity of interests reduces the risk that a majority will oppress minorities.
There are, moreover, two considerations particularly applicable to the federal system of America, which place that system in a very interesting point of view. First. In a single republic, all the power surrendered by the people is submitted to the administration of a single government; and the usurpations are guarded against by a division of the government into distinct and separate departments. In the compound repub…
Hamilton claims that in small republics like Rhode Island, factional majorities can repeatedly oppress minorities, requiring an independent power, whereas the extended United States makes majority coalitions less likely to be unjust.
and consequently the stability and independence of some member of the government, the only other security, must be proportionately increased. Justice is the end of government. It is the end of civil society. It ever has been and ever will be pursued until it be obtained, or until liberty be lost in the pursuit. In a society under the forms of which the stronger faction can readily unite and oppress the weaker, anarch…
Hamilton outlines the House of Representatives’ design: suffrage must be defined in the Constitution, elected representatives must meet specific eligibility requirements, and biennial elections are defended as necessary for dependence on the people.
some of the States as it would have been difficult to the convention. The provision made by the convention appears, therefore, to be the best that lay within their option. It must be satisfactory to every State, because it is conformable to the standard already established, or which may be established, by the State itself. It will be safe to the United States, because, being fixed by the State constitutions, it is n…
Hamilton supports biennial elections by comparing them to British and Irish parliamentary arrangements, arguing that frequent elections constrain representatives even under imperfect conditions and would thus safeguard liberty in the United States.
in the right of the latter to supply occasional vacancies by the election of new members, and in the chance of some event which might produce a general new election. The ability also of the Irish parliament to maintain the rights of their constituents, so far as the disposition might exist, was extremely shackled by the control of the crown over the subjects of their deliberation. Of late these shackles, if I mistak…
Madison argues that Virginia was first to resist Britain and to adopt independence, then claims that biennial House elections cannot endanger liberty because the federal legislature has limited power and will be watched by other institutions.
frequent Virginia was the colony which stood first in resisting the parliamentary usurpations of Great Britain; it was the first also in espousing, by public act, the resolution of independence. In Virginia, nevertheless, if I have not been misinformed, elections under the former government were septennial. This particular example is brought into view, not as a proof of any peculiar merit, for the priority in those …
Responding to fears of elites—“the wealthy and the well-born”—winning through districting, Hamilton says such advantage would require changing property qualifications, which the Constitution does not allow, and any attempt would likely demand military force against the people.
body; at another time it is to be effected by depriving the people at large of the opportunity of exercising their right of suffrage in the choice of that body. But upon what principle is the discrimination of the places of election to be made, in order to answer the purpose of the meditated preference? Are “the wealthy and the well-born,” as they are called, confined to particular spots in the several States? Have …
Hamilton argues that in a republic each executive officer must be personally accountable, so a council advising the chief magistrate would dilute responsibility and undermine liberty.
with facility and clearness the misconduct of the persons they trust, in order either to their removal from office or to their actual punishment in cases which admit of it. In England, the king is a perpetual magistrate; and it is a maxim which has obtained for the sake of the pub lic peace, that he is unaccountable for his administration, and his person sacred. Nothing, therefore, can be wiser in that kingdom, than…
Hamilton argues that when statutes conflict with the Constitution, courts must follow the Constitution and use judgment rather than will, and that judicial independence protects both the Constitution and minority rights against popular legislative encroachments.
subordinate authority; and that accordingly, whenever a particular statute contravenes the Constitution, it will be the duty of the judicial tribunals to adhere to the latter and disregard the former. It can be of no weight to say that the courts, on the pretense of a repugnancy, may substitute their own pleasure to the constitutional intentions of the legislature. This might as well happen in the case of two contra…