The American Republic: Primary Sources 0865973326, 9780865973329

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The American Republic

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Editorial Board

Dr. George W. Carey is Professor of Government at Georgetown University. He is the author and editor of several works, including In Defense of the Constitution (Liberty Fund, 1995). Dr. Carey is also editor of the Political Science Reviewer, an annual review of leading works in political science and related disciplines. Dr. Danton P. Kostandarithes has served as chairman of the Social Studies Department at the Bolles School in Jacksonville, Florida, since 1996. He earned his doctoral degree in American diplomatic history from Tulane University in 1992. Dr. Kostandarithes currently teaches American history and advanced placement U.S. history at the Bolles School.

Dr. Charles Reid is Associate Professor at the Saint Thomas University School of Law. He holds a Ph.D. in history from Cornell University, and law and canon law degrees from the Catholic University of America. His articles have appeared in numerous law reviews and professional journals, including the Michigan Law Review, Boston College Law Review, and Studia Canonica. Dr. Barry Alan Shain is an Associate Professor of Political Science at Colgate University. He teaches courses in modern European and American political thought. Dr. Shain is the author of The Myth of American Individualism: The Protestant Origins of American Political Thought, which is in its third printing by Princeton University Press.

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American Republic the

primary sources Edited by Bruce Frohnen

Liberty Fund indianapolis

This book is published by Liberty Fund, Inc., a foundation established to encourage study of the ideal of a society of free and responsible individuals.

The cuneiform inscription that serves as our logo and as the design motif for our endpapers is the earliest-known written appearance of the word “freedom” (amagi ), or “liberty.” It is taken from a clay document written about 2300 b.c. in the Sumerian city-state of Lagash. © 2002 Liberty Fund, Inc. All rights reserved Printed in the United States of America c 10 9 8 7 6 5 4 3 p 10 9 8 7 6 5

Library of Congress Cataloging-in-Publication Data The American Republic: primary sources/edited by Bruce Frohnen. p. cm. Includes bibliographical references. isbn 0-86597-332-6 (alk. paper)—isbn 0-86597-333-4 (pbk.: alk. paper) 1. United States—History— Colonial period, ca. 1600 – 1775 —Sources. 2. United States—History—Revolution, 1775 –1783 —Sources. 3. United States—History—1783 – 1865 —Sources. I. Frohnen, Bruce. e173.a7535 2002 973 — dc21 2001038925

Liberty Fund, Inc. 8335 Allison Pointe Trail, Suite 300 Indianapolis, Indiana 46250-1684

Contents

Alphabetical Table of Contents xi Alphabetical List of Authors xiii List of Illustrations xv Introduction xvii Note on the Texts xxi

“Farewell Address,” george washington, 1796 72 “The Rights of Conscience Inalienable,” john leland, 1791 79 “Letter to the Danbury Baptist Association,” thomas jefferson, 1802 88

1 Colonial Settlements and Societies

3 Defending the Charters

Virginia Articles, Laws, and Orders, 1610 –11 4 The Mayflower Compact, 1620 11 Fundamental Orders of Connecticut, 1639 12 The Massachusetts Body of Liberties, 1641 15 Charter of Liberties and Frame of Government of the Province of Pennsylvania in America, 1682 23 Dorchester Agreement, 1633 31 Maryland Act for Swearing Allegiance, 1638; Plymouth Oath of Allegiance and Fidelity, 1625 32 “Little Speech on Liberty,” john winthrop, 1645 34 “Copy of a Letter from Mr. Cotton to Lord Say and Seal,” john cotton, 1636 36

Magna Charta, 1215 92 Petition of Right, 1628 98 “An Account of the Late Revolution in New England” and “Boston Declaration of Grievances,” nathanael byfield, 1689 101 The English Bill of Rights, 1689 106 The Stamp Act, 1765 110 “Braintree Instructions,” john adams, 1765 115 Resolutions of the Virginia House of Burgesses, 1765; Declarations of the Stamp Act Congress, 1765 117 “The Rights of the British Colonies Asserted and Proved,” james otis, 1763 119 The Act Repealing the Stamp Act, 1766; The Declaratory Act, 1766 135

2 Religious Society and Religious Liberty in Early America 4 The War for Independence “The Bloody Tenent, of Persecution, for Cause of Conscience,” roger williams, 1644 42 “A Platform of Church Discipline,” john cotton, richard mather, and r alph partridge, 1649 48 Providence Agreement, 1637; Maryland Act for Church Liberties, 1638; Pennsylvania Act for Freedom of Conscience, 1682 64 Worcestriensis, 1776 66 “Thanksgiving Proclamation” and Letters to Religious Associations, george washington; 1789, 1790 69

“A Discourse at the Dedication of the Tree of Liberty,” “a son of liberty” [silas downer], 1768 140 “Letters from a Farmer in Pennsylvania,” Letters V and IX, john dickinson, 1767– 68 146 Declaration and Resolves of the First Continental Congress, 1774 154 Virginia Bill of Rights, 1776 157 “On Civil Liberty, Passive Obedience, and Nonresistance,” jonathan boucher, 1775 159 Common Sense, thomas paine, 1776 179 The Declaration of Independence, 1776 189

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5 A New Constitution

7 State versus Federal Authority

“Thoughts on Government,” john adams, 1776 196 Articles of Confederation, 1778 200 The Essex Result, 1778 205 Northwest Ordinance, 1787 225 Albany Plan of Union, 1754 229 Virginia and New Jersey Plans, 1787 231 The Constitution of the United States of America, 1787 234 The Federalist, Papers 1, 9, 10, 39, 47–51, 78; alexander hamilton, james madison, and john jay; 1787 241 “Address of the Minority of the Pennsylvania Convention,” 1787 268 “An Examination of the Leading Principles of the Federal Constitution,” noah webster, 1787 281

“Essay V,” “brutus,” 1787 382 Chisholm v. Georgia, james wilson, 1793; U.S. Constitution, Eleventh Amendment, 1787 386 The Alien and Sedition Acts, 1798; Virginia Resolutions, 1798; Kentucky Resolutions, 1798; Counter-resolutions of Other States, 1799; Report of Virginia House of Delegates, 1799 396 “The Duty of Americans, at the Present Crisis,” timothy dwight, 1798 433 Report of the Hartford Convention, 1815 447 joseph story: Commentaries on the Constitution of the United States, 1833; A Familiar Exposition of the Constitution of the United States, 1840 458

6 The Bill of Rights The Federalist, Papers 84 and 85; alexander hamilton, james madison, and john jay; 1787 300 “Letter I,” “centinel,” 1787 309 “Essay I,” “brutus,” 1787 314 “Letter III,” “the feder al farmer,” 1787 320 “Memorial and Remonstrance against Religious Assessments,” james madison, 1785; “Virginia Bill for Establishing Religious Freedom,” thomas jefferson, 1786 327 “Speech Introducing Proposed Constitutional Amendments,” james madison, 1789; Debate over First Amendment Language, 1789; The First Ten Amendments to the Constitution, or the Bill of Rights, 1789 332 Commentaries on the Constitution of the United States, joseph story, 1833 351 The People v. Ruggles, james kent, 1811 363 Marbury v. Madison, john marshall, 1803 366 Barron v. the Mayor and City Council of Baltimore, john marshall, 1833 375

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8 Forging a Nation “Opinion against the Constitutionality of a National Bank,” thomas jefferson, 1791; “Opinion as to the Constitutionality of the Bank of the United States,” alexander hamilton, 1791 474 “Veto Message,” andrew jackson, 1832 491 “Veto Message,” james madison, 1817 501 Commentaries on the Constitution of the United States, joseph story, 1833 503 abr aham lincoln: “Address to the Young Men’s Lyceum of Springfield, Illinois,” 1838; “Address to the Wisconsin State Agricultural Society, Milwaukee, Wisconsin,” 1859 518 william leggett: Newspaper Editorials on “Direct Taxation,” 1834; “Chief Justice Marshall,” 1835; “The Despotism of the Majority,” 1837; “Morals of Legislation,” 1837; and “The Morals of Politics,” 1837 528 “Speech on Electioneering,” davy crockett, 1848 536 “Speech before the U.S. Senate,” daniel webster, 1830; “Speech before the U.S. Senate,” robert y. hayne, 1830 538 “Fort Hill Address,” john c. calhoun, 1831 565

9 Prelude to War Laws Regulating Servants and Slaves, 1630 –1852 582 “Slavery” and “Agriculture and the Militia,” john taylor of caroline, 1818 589 The Missouri Compromise, 1820 –21 594 william leggett: Newspaper Editorials on “Governor McDuffie’s Message,” 1835; “The Question of Slavery Narrowed to a Point,” 1837; and “‘Abolition Insolence,’” 1837 595 Senate Speeches on the Compromise of 1850, john c. calhoun and daniel webster, 1850 600 Second Fugitive Slave Law, 1850; Ableman v. Booth, roger taney, 1858 633

Scott v. Sandford, roger taney, 1856 646 “The Relative Position and Treatment of the Negroes” and “The Abolitionists— Consistency of Their Labors,” george s. sawyer, 1858 665 “What Is Slavery?” and “Slavery Is Despotism,” harriet beecher stowe, 1853 690 Kansas-Nebraska Act, 1856; Fifth Lincoln-Douglas Debate, 1858 702 Bibliography 723 Index 725

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Alphabetical Table of Contents

Ableman v. Booth, roger taney 636 “‘Abolition Insolence,’” william leggett 598 “Abolitionists— Consistency of Their Labors, The,” george s. sawyer 680 “Account of the Late Revolution in New England, An,” nathanael byfield 101 Act Repealing the Stamp Act, The 135 “Address of the Minority of the Pennsylvania Convention” 268 “Address to the Wisconsin State Agricultural Society, Milwaukee, Wisconsin,” abr aham lincoln 522 “Address to the Young Men’s Lyceum of Springfield, Illinois,” abr aham lincoln 518 “Agriculture and the Militia,” john taylor of caroline 592 Alabama Slave Code 584 Albany Plan of Union 229 Alien and Sedition Acts, The 396 Articles of Confederation 200 Barron v. Baltimore, john marshall 375 “Bloody Tenent, of Persecution, for Cause of Conscience, The,” roger williams 42 “Boston Declaration of Grievances” 102 “Braintree Instructions,” john adams 115 Charter of Liberties and Frame of Government of the Province of Pennsylvania in America 23 “Chief Justice Marshall,” william leggett 530 Chisholm v. Georgia, james wilson 386 Commentaries on the Constitution of the United States, joseph story 351, 458, 503 Common Sense, thomas paine 179 Connecticut Law Regarding Escape of Negroes and Servants 583 “Constitution and the Union, The,” daniel webster 613 Constitution of the United States of America, The 234 “Copy of a Letter from Mr. Cotton to Lord Say and Seal,” john cotton 36 Debate over First Amendment Language 348 Declaration and Resolves of the First Continental Congress 154

Declaration of Independence, The 189 Declarations of the Stamp Act Congress 117 Declaratory Act, The 135 “Despotism of the Majority, The,” william leggett 530 “Direct Taxation,” william leggett 528 “Discourse at the Dedication of the Tree of Liberty, A,” “a son of liberty” [silas downer] 140 Dorchester Agreement 31 “Duty of Americans, at the Present Crisis, The,” timothy dwight 433 English Bill of Rights, The 106 “Essay I,” “brutus” 314 “Essay V,” “brutus” 382 Essex Result, The 205 “Examination of the Leading Principles of the Federal Constitution, An,” noah webster 281 Familiar Exposition of the Constitution of the United States, A, joseph story 461 “Farewell Address,” george washington 72 Federalist, The, Papers 1, 9, 10, 39, 47–51, 78; alexander hamilton, james madison, john jay 241 Federalist, The, Papers 84 – 85; alexander hamilton, james madison, john jay 300 Fifth Lincoln-Douglas Debate, 1858 702 First Fugitive Slave Law, 1852 583 First Ten Amendments to the Constitution, The 349 “Fort Hill Address,” john c. calhoun 565 Fundamental Orders of Connecticut 12 “Governor McDuffie’s Message,” william leggett 595 Kansas-Nebraska Act 702 Kentucky Resolutions 399 “Letter I,” “centinel” 309 “Letter III,” “the feder al farmer” 320 “Letters from a Farmer in Pennsylvania,” Letters V and IX, john dickinson 146 “Letter to the Danbury Baptist Association,” thomas jefferson 88

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“Letter to the Hebrew Congregation in Newport,” george washington 71 “Letter to the Roman Catholics in the United States of America,” george washington 70 “Letter to the United Baptist Churches in Virginia,” george washington 70 “Little Speech on Liberty,” john winthrop 34 Magna Charta 92 Marbury v. Madison, john marshall 366 Maryland Act for Church Liberties 64 Maryland Act for Swearing Allegiance 32 Maryland Law Deeming Runaway Apprentices to Be Felons 582 Maryland Resolutions Protesting against Pennsylvanians 584 Massachusetts Body of Liberties, The 15 Massachusetts Law on Capture and Protection of Servants 582 Mayflower Compact, The 11 “Memorial and Remonstrance against Religious Assessments,” james madison 327 Missouri Compromise, The 594 “Morals of Legislation,” william leggett 532 “Morals of Politics, The,” william leggett 533 New Jersey Plan 232 North Carolina Law against Entertaining Runaways 583 Northwest Ordinance 225 “On Civil Liberty, Passive Obedience, and Non-resistance,” jonathan boucher 159 “Opinion against the Constitutionality of a National Bank,” thomas jefferson 474 “Opinion as to the Constitutionality of the Bank of the United States,” alexander hamilton 477 Pennsylvania Act for Freedom of Conscience 64 People v. Ruggles, The, james kent 363 Petition of Right 98 “Platform of Church Discipline, A” 48 Plymouth Oath of Allegiance and Fidelity 33 Providence Agreement 64 “Question of Slavery Narrowed to a Point, The,” william leggett 596 “Relative Position and Treatment of the Negroes, The,” george s. sawyer 665

xii Alphabetical Table of Contents

Report of the Hartford Convention 447 Report of Virginia House of Delegates 408 Resolutions of the Virginia House of Burgesses 117 Responses to the Virginia Resolutions, Kentucky, 1798; All Others, 1799 402 “Rights of Conscience Inalienable, The,” john leland 79 “Rights of the British Colonies Asserted and Proved, The,” james otis 119 Scott v. Sandford, roger taney 646 Second Fugitive Slave Law, 1850 633 Sedition Act 397 Senate Speeches on the Compromise of 1850, john c. calhoun and daniel webster 600 “Slavery,” john taylor of caroline 589 “Slavery Is Despotism,” harriet beecher stowe 698 “Speech before the U.S. Senate,” daniel webster 538 “Speech before the U.S. Senate,” robert y. hayne 548 “Speech Introducing Proposed Constitutional Amendments,” james madison 332 “Speech on Electioneering,” davy crockett 536 “Speech on the Slavery Question,” john c. calhoun 600 Stamp Act, The 110 “Thanksgiving Proclamation,” george washington 69 “Thoughts on Government,” john adams 196 U.S. Constitution, Eleventh Amendment 395 “Veto Message,” andrew jackson 491 “Veto Message,” james madison 501 Virginia and New Jersey Plans 231, 232 Virginia Articles, Laws, and Orders 4 “Virginia Bill for Establishing Religious Freedom,” thomas jefferson 330 Virginia Bill of Rights 157 Virginia Plan 231 Virginia Resolutions 398 “What Is Slavery?” harriet beecher stowe 690 Worcestriensis, Number IV 66

Alphabetical List of Authors

Adams, John Boucher, Jonathan “Brutus” [Robert Yates?] Bryan, Robert Byfield, Nathanael Calhoun, John C. “Centinel” [Samuel Bryan?] Cotton, John Crockett, Davy Dickinson, John Dwight, Timothy “Federal Farmer, The” [Melancton Smith] Hamilton, Alexander Hayne, Robert Y. Jackson, Andrew Jay, John Jefferson, Thomas Kent, James Leggett, William Leland, John

Lincoln, Abraham Madison, James Marshall, John Mather, Richard Otis, James Paine, Thomas Partridge, Ralph Sawyer, George S. “Son of Liberty, A” [Silas Downer] Story, Joseph Stowe, Harriet Beecher Taney, Roger Taylor, John, of Caroline Washington, George Webster, Daniel Webster, Noah Williams, John Williams, Roger Wilson, James Winthrop, John

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Illustrations

Title page of Colonial Constitution of Pennsylvania

2

Portrait of George Washington by John Trumbull 40 Portrait of John Adams, colonial leader and second president of the United States 90 The original Declaration of Independence 138 Fourth U.S. president and Federalist author, James Madison, by Gilbert Stuart 194 John Jay, first chief justice and Federalist author; headand-shoulders engraving by Hall 194 Painting of Alexander Hamilton, American statesman and Federalist author 194

Engraving of Joseph Story by J. Cheney, from a crayon drawing by W. W. Story 298 The Issue of Sovereignty; lithograph by O. E. Woods 380 Daniel Webster, senator from Massachusetts

472

Robert Y. Hayne, senator from South Carolina 472 Election poster for Andrew Jackson’s presidential campaign 472 Engraving of Abraham Lincoln, sixteenth president of the United States 580

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Introduction

In the latter decades of the twentieth century scholars working in various subfields of American history brought a great deal of formerly neglected material to light. This material concerns issues ranging from the role of religious arguments and leaders in public life, to the breadth of historical understanding characterizing public debate, to the specifically British memories and sensibilities of Americans, to the importance of early constitutional documents and Americans’ constitutional sophistication. In each of these areas the new material has made it possible for scholars to reexamine and reevaluate existing theories regarding the development of American politics. These new discoveries have opened vast new areas for fruitful research concerning the influences and concerns motivating those who have helped shape the character of American politics and the American people. Unfortunately, very little of this material is available in a form suitable for classroom use. This has left teachers to seek out half-measures—summarizing on their own or assigning works they know will not be read—in attempting to present American history in something approaching its true diversity and depth. Collections by Belz; Hall, Leder, and Kammen; Hyneman and Lutz; Lutz; McDonald; Morgan; Sandoz; and White,1 among others; have allowed scholars increased access to constitutional documents, declarations, sermons, and other public writings showing the factors that shaped public life in America, both before and after the War for Independence. Without diminishing the role accorded specifically ideological concerns and philosophical writings, these new materials have helped scholars better evaluate the sources and meanings of public acts ranging from co-

1. Belz, The Webster-Hayne Debate on the Nature of the Union; Hall, Leder, and Kammen, The Glorious Revolution in America; Hyneman and Lutz, American Political Writing during the Founding Era: 1760 –1805; Lutz, Colonial Origins of the American Constitution; McDonald, Empire and Nation; Edmund Sears Morgan, ed., Prologue to Revolution: Sources and Documents on the Stamp Act Crisis, 1764 –1766 (Chapel Hill: University of North Carolina Press, 1959); Sandoz, Political Sermons of the American Founding Era: 1730 –1805; and White, Democratick Editorials.

lonial settlement to the War for Independence, to the Constitution, and to the Civil War. No single course, whether in high school, college, or even graduate school, could deal adequately with all the important materials unearthed in recent decades. However, by bringing together, in one manageable volume, key original documents and other writings that throw light on the cultural, religious, and historical concerns that have been raised, this volume aims to provide the means by which students and teachers may begin examining the diversity of issues and influences that characterize American history. We now have access to crucial materials attesting to the importance of the context in which Americans spoke of practices such as liberty and religious freedom. A hitherto neglected literature now can enable scholars and students to discuss the American drive for liberty, not merely as a political concept, but as a religious idea, a historical practice, and a constitutional concern to be guaranteed and given substance through both national institutions and local customs. The readings selected here represent opposite sides of important debates concerning, for example, American independence, religious establishment, and slavery. Conclusions regarding America’s nature and development as a nation and as a people will vary, not least because American history is one of religious, ideological, and cultural conflict. Such conflicts have pitted the drive for community against the drive for individual autonomy, the call of God against the call of a wild nature to be confronted in near isolation, the desire for wealth against the desire to be held virtuous, and the demand for equality against respect for established authority. But exposure to the principal public acts and arguments engaged in these conflicts will provide a deeper and more nuanced understanding of their nature and sources—and of their influence on American history. America’s history has been characterized by both continuity and change. Even before the Civil War, at which point this volume leaves off, American traditions, with their roots deep in the histories of Great Britain, Rome, Greece,

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and Israel, had been markedly transformed by changes in circumstances and public understanding.2 But even traditions that have been transformed or weakened over time continue to influence public conduct, and with it the shape of both nations and peoples. By presenting readings from the perspectives of America’s varied traditions, this volume seeks to help students learn how they might judge the strengths and weaknesses of the conflicting visions that have shaped American history.

organization of the work This work is in nine sections, each composed of selections of public writings intended to illustrate the major philosophical, cultural, and policy positions at issue during crucial eras of American political and cultural development. The first section, “Colonial Settlements and Societies,” will provide documentary evidence of the purposes behind European settlement and the nature of settlements in practice. The second section, “Religious Society and Religious Liberty in Early America,” will provide materials showing the pervasive public role of religion in early American public life as well as arguments concerning the importance of religious conscience and the limits that conscience should place on government support for religious orthodoxy. The third section, “Defending the Charters,” will provide materials showing the American response to English acts— ranging from James II’s revocation of colonial charters during the 1680s to parliamentary taxation during the 1750s—which Americans interpreted as attacks on their chartered, English liberties. The fourth section, “The War for Independence,” will provide materials from all perspectives in the debate over independence—those centered on the chartered rights of Englishmen, those focusing on universal human rights, and those emphasizing loyalty and duty to Great Britain. The fifth section, “A New Constitution,” will provide materials showing the roots of American constitutionalism in earlier English and colonial codes and charters, as well as the Articles of Confederation. In addition, it will provide important selections dealing with various “plans” or proposed constitutions, debates in the Constitutional Convention, and subsequent debates over ratification. The sixth section, “The Bill of Rights,” will include Federalist and Anti-Federalist arguments concerning 2. The classic work dealing with America’s cultural inheritance is Russell Kirk, The Roots of American Order (Washington, 1991).

xviii Introduction

the need to protect common law rights as well as the AntiFederalist insistence that structural changes were needed in the proposed Constitution. The seventh section, “State versus Federal Authority,” will present materials from both sides of issues related to the question of whether the states or the federal government held final authority in determining the course of public policy in America. The eighth section, “Forging a Nation,” will provide materials regarding the debate over internal improvements and other federal measures aimed at binding the nation more closely together, particularly in the area of commerce. The final section, “Prelude to War,” will focus on the political, cultural, and legal issues underlying the sectional differences that led to the Civil War. Debates concerning the morality and necessity of slavery, as well as attempts to secure political compromise regarding the status of “the peculiar institution,” will be highlighted; their character and relative importance will be further illuminated by selections focusing on the relative power and position of various regions within the United States. The volume ends with the prelude to the Civil War, stopping at that point for three interconnected reasons: (1) the need to produce a volume that does not reach an ungainly length, (2) the prevalence of courses on American history that split that history into the pre–Civil War era and the era commencing with the Civil War, and (3) recognition of the revolutionary changes wrought by the Civil War, making that event the natural stopping point for courses and this volume. The placement of specific selections within this volume is intended to answer two pedagogical needs: that of chronological consistency and that of issue focus, so that students may see particular topics of importance in sufficient depth to give them serious examination. Consequently, while the sections into which the volume is divided generally follow a chronological order, materials within them at times overlap. For example, most writings presenting the Anti-Federalist critique of the Constitution are found in the section on the Bill of Rights rather than that on the Constitution. This has been done because the strongest Anti-Federalist arguments took the form of calls for revisions to the Constitution—revisions taken up under the rubric of amendments intended to protect the rights of the people. Not all Anti-Federalist concerns were addressed by the first Congress as it considered these

amendments. A key question in American history, however, concerns whether Anti-Federalist fears were addressed at all in that Congress or by those amendments we now call the Bill of Rights. Lincoln’s relatively late “Address to the Wisconsin State Agricultural Society” also might be seen as coming at an “unchronological” place in the volume—in this case in the section on “Forging a Nation,” before that on the “Prelude to War.” Again, the reasoning is thematic. In this address Lincoln lays out his vision of America and the cultural as well as the economic promise of industrialization. Such issues are closely tied to debates over internal improvements and other concerns

separating American regions. These concerns helped polarize the nation, but only after the slavery issue came to the forefront and exacerbated regional polarizations did they help to precipitate the Civil War. Thanks are owed to the members of this volume’s advisory board. I also thank James McClellan for important suggestions during the early development of this volume and Donald Livingston, Clyde Wilson, and Robert Waters for helpful suggestions. Any mistakes in judgment, selection, or performance are mine alone. Finally, I owe a special debt of gratitude to my wife, Antonia, for her patience and support.

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Note on the Texts

The editor has sought to make only a bare minimum of changes to the texts included in this volume, so as to convey the flavor as well as content of the writings. Changes are limited to the following: The use of asterisks to mark deleted text has been replaced with the use of ellipses. Asterisks inserted without clear meaning or intent have been deleted, as have marginalia, extraneous quotation marks, and page numbers from previous editions that had been inserted in various texts. The letters “f ” and “s” have been properly distinguished. Some of the longer titles have been shortened in accordance with modern usage. Headings in which the original text used anachronistic fonts or, for example, all capital letters, have been modernized and standardized. The work of preceding editors in modernizing punctuation and spelling has not been tampered with. The editors of these previous volumes all expressed a desire to maintain strict fidelity to the original text and thereby incorporated only such minor modernizations in spelling, grammar, and punctuation as were absolutely necessary to promote read-

ability and consistency. Those readers seeking specifics on such issues may find them in the relevant source volumes in the bibliography. The principal issue of concern to the lay reader will be the inclusion of material in brackets. Such brackets denote material filled in by the editor, material questionable as to its true authorship, or in some instances text missing from the original. Only those footnotes deemed necessary for understanding of the text have been reproduced here. However, in some instances (e.g., selections from Dickinson, Boucher, Noah Webster, and Story) footnotes are integral to the text, and in others explanatory notes are necessary. Footnotes of earlier editors are marked “Ed.” and those few footnotes added by the current editor are marked “B. F.” In reproducing the fifth Lincoln-Douglas debate it was necessary to standardize fonts and to eliminate headings and subheadings inserted by the previous editors.

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The American Republic

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part one

Colonial Settlements and Societies

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No people has a true “beginning.” Just as individuals come from families and neighborhoods, which instill them with certain beliefs and habits from an early age, so peoples come from other places and communities; they do not simply assemble and form themselves out of thin air. But the study of a people’s inheritance must end somewhere. There must come a point at which we say, “Here are the basic, fundamental events and actions that set members of one community on their way to forming another.” With Americans that point is the beginning of formal settlement in the New World. Settlers brought to America a wealth of traditions, beliefs, habits, and motivations. They did not come to the New World as clean slates, nor did they write upon clean slates in forming new communities. Whether fleeing persecution, seeking wealth, or striving to establish a more godly community, they had to operate within the restrictions established by their charters or grants from the British king. Most obviously, these charters set down what authority would rule over settlers in each colony, whether it was a single proprietor, a governor answerable to the king, or a corporation set up under the king’s auspices that also had to answer to the royal power. But troubles in Great Britain and the difficulties of long-distance travel in an era of wind-powered ships gave the settlers vast leeway in establishing local political, economic, and religious communities. This is not to say that events in Great Britain were irrelevant to those in the New World. The time of settlement was one of great unrest; it included the era of constitutional conflict between King James I and Parliament, followed by the English Civil War (1642 – 49), which

resulted in the beheading of Charles I and was itself followed by more than a decade of dictatorship under Oliver Cromwell and his Puritan army. But settlers in America exercised great freedom in establishing rules by which to govern themselves.

governing documents For many centuries, the English people have had a particular faith in the power of the written word, and especially in the power of written documents to establish the means by which they were to be governed. Thus, despite the varying reasons for which English settlers came to America, written documents played a crucial role in the founding of the English colonies. And, despite many differences, these documents share important characteristics: an emphasis on the community’s duties to God and on God’s role as protector and judge of the community; a call on members of the community to serve the public good; and a reliance on written laws to enforce virtue and good order. In addition, by 1638, with the restoration of power to the Virginia House of Burgesses, legislative deliberation and consent were established as central governing principles in the American colonies. Documents in this section include frames of government that spell out how authority and lawmaking power shall be determined and list laws detailing rights, duties, and penalties for law-breaking. They also include more generalized covenants binding communities together in pursuit of a virtuous, religious life as well as more specific acts aimed at establishing workable township governance and securing the loyalty of the governors and the governed.

Virginia Articles, Laws, and Orders 1610 –11

Virginia, the first English colony in America, was set up with a view toward economic profit. In the early years there were no profits. Life was harsh, and many people died from disease, hunger, and skirmishes with the Indians. The governing council, appointed in England, could not keep order, and the governor declared martial law. The following articles, issued by decree, were intended to restore order. Religion was accorded a crucial role in teaching the habits of good conduct during this era, and there was a common reliance in England and the other nations of Europe as well as in Virginia on the death penalty for a large number of offenses.

Articles, Laws, and Orders, Divine, Politic, and Martial for the Colony in Virginia Articles, Lawes, and Orders, Divine, Politique, and Martiall for the Colony in Virginea: first established by Sir Thomas Gates Knight, Lieutenant Generall, the 24th of May 1610, exemplified and approved by the Right Honourable Sir Thomas West Knight, Lord Lawair, Lord Governor and Captaine Generall the 12th day of June 1610. Againe exemplified and enlarged by Sir Thomas Dale Knight, Marshall, and Deputie Governour, the 22nd of June, 1611. Whereas his Majestie like himselfe a most zealous Prince hath in his owne Realmes a principall care of true Religion, and reverence to God, and hath alwaies strictly commaunded his Generals and Governours, with all his forces wheresoever, to let their waies be like his ends for the glorie of God. And forasmuch as no good service can be performed, or warre well managed, where militarie discipline is not observed, and militarie discipline cannot be kept, where the rules or chiefe parts thereof, be not certainely set downe, and generally knowne, I have (with the advise and counsell of Sir Thomas Gates Knight, Lieutenant Generall) adhered 4

colonial set tlements and societies

unto the lawes divine, and orders politique, and martiall of his Lordship (the same exemplified) an addition of such others, as I have found either the necessitie of the present State of the Colonie to require, or the infancie, and weaknesses of the body thereof, as yet able to digest, and doe now publish them to all persons in the Colonie, that they may as well take knowledge of the Lawes themselves, as of the penaltie and punishment, which without partialitie shall be inflicted upon the breakers of the same. 1. First since we owe our highest and supreme duty, our greatest, and all our allegeance to him, from whom all power and authoritie is derived, and flowes as from the first, and onely fountaine, and being especiall souldiers emprest in this sacred cause, we must alone expect our successe from him, who is only the blesser of all good attempts, the King of kings, the commaunder of commaunders, and Lord of Hostes, I do strictly commaund and charge all Captaines and Officers, of what qualitie or nature soever, whether commanders in the field, or in towne, or townes, forts or fortresses, to have a care that the Almightie God bee duly and daily served, and that they call upon their people to heare Sermons, as that also they diligently frequent Morning and Evening praier themselves by their owne exemplar and daily life, and duties herein, encouraging others thereunto, and that such, who shall often and wilfully absent themselves, be duly punished according to the martiall law in that case provided. 2. That no man speake impiously or maliciously, against the holy and blessed Trinitie, or any of the three persons, that is to say, against God the Father, God the Son, and God the holy Ghost, or against the knowne Articles of the Christian faith, upon paine of death. 3. That no man blaspheme Gods holy name upon paine of death, or use unlawful oathes, taking the name of God in vaine, curse, or banne,1 upon paine of severe punishment for the first offence so committed, and for the sec-

1. Calling down evil upon a person.—Ed.

ond, to have a bodkin 2 thrust through his tongue, and if he continues the blaspheming of Gods holy name, for the third time so offending, he shall be brought to a martiall court, and there receive censure of death for his offence. 4. No man shall use any traiterous words against his Majesties Person, or royall authority upon paine of death. 5. No man shall speake any word, or do any act, which may tend to the derision, or despight 3 of Gods holy word upon paine of death: Nor shall any man unworthily demeane himself unto any Preacher, or Minister of the same, but generally hold them in all reverent regard, and dutiful intreatie,4 otherwise he the offender shall openly be whipt three times, and ask publike forgivenesse in the assembly of the congregation three several Saboth Daies. 6. Everie man and woman duly twice a day upon the first towling of the Bell shall upon the working daies repaire unto the Church, to hear divine Service upon pain of losing his or her dayes allowance for the first omission, for the second to be whipt, and for the third to be condemned to the Gallies for six Moneths. Likewise no man or woman shall dare to violate or breake the Sabboth by any gaming, publique or private abroad, or at home, but duly sanctifie and observe the same, both himselfe and his familie, by preparing themselves at home with private prayer, that they may be the better fitted for the publique, according to the commandements of God, and the orders of our Church, as also every man and woman shall repaire in the morning to the divine service, and Sermons preached upon the Saboth day, and in the afternoon to divine service, and Catechising, upon paine for the first fault to lose their provision, and allowance for the whole weeke following, for the second to lose the said allowance, and also to be whipt, and for the third to suffer death. 7. All Preachers or Ministers within this our Colonie, or Colonies, shall in the Forts, where they are resident, after divine Service, duly preach every Sabbath day in the forenoone, and Catechise in the afternoone, and weekly say the divine service, twice every day, and preach every Wednesday, likewise every Minister where he is resident, within the same Fort, or Fortresse, Townes or Towne, shall chuse unto him, foure of the most religious and better dis2. A small dagger or stiletto.—Ed. 3. Open defiance.—Ed. 4. Treatment.—Ed.

posed as well to informe of the abuses and neglects of the people in their duties, and service to God, as also to the due reparation, and keeping of the Church handsome, and fitted with all reverent observances thereunto belonging: likewise every Minister shall keepe a faithful and true Record, or Church Booke of all Christnings, Marriages, and deaths of such our people, as shall happen within their Fort, or Fortresses, Townes or Towne at any time, upon the burthen of a neglectfull conscience, and upon paine of losing their Entertainment.5 8. He that upon pretended malice, shall murther or take away the life of any man, shall bee punished with death. 9. No man shal commit the horrible, and detestable sins of Sodomie upon pain of death; and he or she that can be lawfully convict of Adultery shall be punished with death. No man shall ravish or force any woman, maid or Indian, or other, upon pain of death, and know that he or shee, that shall commit fornication, and evident proofe made thereof, for their first fault shall be whipt, for the second they shall be whipt, and for their third they shall be whipt three times a weeke for one month, and aske publique forgivenesse in the Assembly of the Congregation. 10. No man shall bee found guilty of Sacriledge, which is a Trespasse as well committed in violating the abusing any sacred ministry, duty or office of the Church, irreverently, or prophanely, as by beeing a Church robber, to filch, steale or carry away anything out of the Church appertaining thereunto, or unto any holy, and consecrated place, to the divine Service of God, which no man should doe upon paine of death: likewise he that shall rob the store of any commodities therein, of what quality soever, whether provisions of victuals, or of arms, Trucking stuffe,6 Apparrell, Linnen, or Wollen, Hose or Shooes, Hats or Caps, Instruments or Tooles of Steele, Iron, etc. or shall rob from his fellow souldier, or neighbor, any thing that is his, victuals, apparell, household stuffe, toole, or what necessary else soever, by water or land, out of boate, house, or knapsack, shall bee punished with death. 11. Hee that shall take an oath untruly, or beare false witnesse in any cause, or against any man whatsoever, shall be punished with death. 12. No manner of person whatsoever, shall dare to de5. Provisions.—Ed. 6. Materials for barter or exchange.—Ed.

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tract, slaunder, columniate, or utter unseemly, and unfitting speeches, either against his Majesties Honourable Councell for this Colony, resident in England, or against the Committees, Assistants unto the said Councell, or against the zealous indeavors, and intentions of the whole body of Adventurers for this pious and Christian Plantation, or against any publique book, or bookes, which by their mature advise, and grave wisdomes, shall be thought fit, to be set foorth and publisht, for the advancement of the good of this Colony, and the felicity thereof, upon paine for the first time so offending, to be whipt three severall times, and upon his knees to acknowledge his offence and to aske forgivenesse upon the Saboth day in the assembly of the congregation, and for the second time so offending to be condemned to the Galley for three yeares, and for the third time so offending to be punished with death. 13. No manner of person whatsoever, contrarie to the word of God (which tyes every particular and private man, for conscience sake to obedience), and duty of the Magistrate, and such as shall be placed in authoritie over them, shall detract, slaunder, calumniate, murmur, mutenie, resist, disobey, or neglect the commaundments, either of the Lord Governour, and Captaine Generalle, the Lieutenant Generall, the Martiall, the Councell, or any authorised Captaine, Commaunder or publike Officer, upon paine for the first time so offending to be whipt three severall times, and upon his knees to acknowledge his offence, with asking forgivenesse upon the Saboth day in the assembly of the congregation, and for the second time so offending to be condemned to the Gally for three yeares: and for the third time so offending to be punished with death. 14. No man shall give any disgraceful words, or commit any act to the disgrace of any person in this Colonie, or any part thereof, upon paine of being tied head and feete together, upon the guard everie night for the space of one moneth, besides to bee publikely disgraced himselfe, and be made incapable ever after to possesse any place, or execute any office in this imployment. 15. No man of what condition soever shall barter, trucke, or trade with the Indians, except he be thereunto appointed by lawful authority upon paine of death. 16. No man shall rifle or dispoile, by force or violence, take away any thing from any Indian coming to trade, or otherwise, upon paine of death. 6

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17. No Cape Marchant,7 or Provant Master,8 or Munition Master, or Truck Master, or keeper of any store, shall at any time imbezell, sell, or give away any thing under his Charge to any Favorite, of his, more than unto any other, whome necessity shall require in that case to have extraordinary allowance of provisions, nor shall they give a false accompt unto the Lord Governour, and Captaine Generall, unto the Lieutenant Generall, unto the Marshall, or any deputed Governor, at any time having the commaund of the Colony, with intent to defraud the said Colony, upon paine of death. 18. No man shall imbezel or take away the goods of any man that dyeth, or is imployed from the town or Fort where he dwelleth in any other occasioned remote service, for the time, upon pain of whipping three severall times, and restitution of the said goods againe, and in danger of incurring the penalty of the tenth Article, if so it may come under the construction of theft. And if any man die and make a