Pennsylvania, by her House of Assembly, spoke also to the same effect:--

“_Resolved, N. C. D._, That this House think it their duty thus firmly

to assert with modesty and decency their _inherent rights_, that their

posterity may learn and know that it was not with their consent and

acquiescence that _any taxes_ should be levied on them by any persons

but their own representatives.”[111]

The controversy proceeded. At the invitation of Massachusetts, moved

by Otis, a Congress assembled at New York in October, 1765, having

delegates from Massachusetts, Rhode Island, Connecticut, New York, New

Jersey, Pennsylvania, Delaware, Maryland, and South Carolina, which,

after a prolonged session, adopted a declaration of colonial rights and

grievances, where it is declared:--

“That it is inseparably essential to the freedom of a people,

and the undoubted right of Englishmen, that no taxes be

imposed on them _but with their own consent, given personally

or by their representatives_.

“That the people of these Colonies are not, and from their

local circumstances cannot be, represented in the House of

Commons in Great Britain.”[112]

At last the Stamp Act was repealed. But the pretension of taxation was

suspended rather than abandoned. A ministerial partisan continued to

urge the scheme in unscrupulous language:--

“All countries unaccustomed to taxes are at first violently

prepossessed against them, though the price which they give for

their liberty: like an ox untamed to the yoke, they show at

first a very stubborn neck, but by degrees become docile and

yield a willing obedience.… America must be taxed.”[113]

As time advanced, the old audacity was revived, and, under the lead

of the reckless Charles Townshend, taxes were imposed by Parliament

on tea, glass, lead, paper, and painters’ colors. The old opposition

in the Colonies was revived also, and taxation without representation

was again denounced. Committees of correspondence were established,

and the work of organization began. The whole country was in a fever.

Massachusetts, as in times past, did not hesitate to proclaim the true

principle. At a town-meeting of Boston in 1772, there was a declaration

of rights, “which no man or body of men, consistently with their own

rights as men and citizens or members of society, can for themselves

give up or take away from others”; and here we meet again familiar

words:--

“The supreme power cannot justly take from any man any part

of his property without his consent in person or by his

representatives.”[114]

Against all Parliamentary taxation, as often as it showed itself, this

impenetrable buckler was lifted. But the mother country was perverse.

Ship-loads of tea arrived. At Boston the tea was thrown into the dock.

The Colonies entered into an agreement of non-importation. Then came

troops, and the Boston Port Bill, by which this harbor was vindictively

closed against commerce. The whole country, including even South

Carolina, made common cause with Massachusetts. Gadsden exclaimed,

“Massachusetts sounded the trumpet, but to Carolina is it owing that it

was attended to.”[115] And Virginia exclaimed, “_We will never be taxed

but by our own representatives._ This is the great badge of Freedom.…

Whether the people in Boston were warranted by justice, when they

destroyed the tea, we know not; but this we know, that the Parliament,

by their proceedings, have made us and all North America parties in

the present dispute.”[116] Meanwhile more troops arrived. All things

portended strife; and yet the colonists did not ask for independence.

They only asked for rights, insisting always that there should be no

taxation without representation. “The patriots of this Province,” said

John Adams in 1774, “desire nothing new; they wish only to keep their

old privileges. They were for one hundred and fifty years allowed to

tax themselves, and govern their internal concerns as they thought

best. Parliament governed their trade as they thought fit. This plan

they wish may continue forever.”[117] Thus stood the two parties face

to face.

Then came the Continental Congress, which at once put forth

resolutions, where, after claiming the enjoyment of life, liberty, and

property, as natural rights, it was insisted that the colonists could

be bound by no law to which they had not consented by representatives.

Here was the original programme of James Otis: first, the rights of

men, according to Natural Law; and, secondly, the principle that

government, including of course taxation, depended on the consent of

the governed. “_The foundation_ of English Liberty and _of all free

government_,” said these resolutions, “is a right in the people to

participate in their legislative council.”[118] In harmony with these

resolutions were the several addresses of the Continental Congress,--to

the people of Great Britain, to the inhabitants of the Province of

Quebec, and to the king himself,--always pleading for Human Rights in

the largest sense. The address to the people of Great Britain begins

by an appeal for “the rights of men and the blessings of Liberty,” and

then insists “that no power on earth has a right to take our property

from us without our consent.”[119] The address to the inhabitants of

the Province of Quebec, in similar spirit, says: “_The first grand

right is that of the people having a share in their own government by

their representatives chosen by themselves_, and, in consequence, of

being ruled by laws which they themselves approve, not by edicts of

men over whom they have no control. This is a bulwark surrounding and

defending their property.”[120] And the petition to the king has the

same key-note: “Duty to your Majesty, and regard for the preservation

of ourselves and our posterity, _the primary obligations of Nature

and society_, command us to entreat your royal attention.”[121] Thus

constantly, down to the last moment, did our fathers set forth the

principles they sought to establish as essential to free government.

Thus constantly did they testify to the cause for which I now plead.

Answering voices came back from England, announcing the principles in

issue. The right of taxation was asserted; but there were many who

disguised the tyranny by assuming that the Colonies were “virtually

represented.” Perhaps that spirit of legal technicality which is

satisfied by form at the expense of reason was never more strikingly

illustrated than in the argument of Sir James Marriott, the Admiralty

Judge, who gravely insisted, in the House of Commons, that England

“had an undoubted right to tax America, because she was represented by

the members for the County of Kent, of which the thirteen provinces

were a part or parcel, for in their charters they were to hold of

the manor of Greenwich in Kent.”[122] The whole pretension had been

scouted by the indignant eloquence of Mr. Pitt, afterward Lord Chatham.

“The idea,” said he, “of a _virtual representation_ of America in

this House is the most contemptible idea that ever entered into the

head of a man. It does not deserve a serious refutation.”[123] As

the controversy continued, and especially as those masterly state

papers, the addresses of the Continental Congress, reached England,

the ministers of the king were put on the defensive. They retained as

advocate none other than Samuel Johnson, who, for “small hire,” lent

the pen which had written “Rasselas,” “The Vanity of Human Wishes,”

and the English Dictionary, to a rancorous attack on the principles of

our fathers. Its concentrated venom was all expressed in the title,

“Taxation no Tyranny.” Another pamphlet appeared in reply, with the

epigram, “Resistance no Rebellion,” embodying the idea, that, where

there is taxation without representation, resistance is justifiable;

and thus was issue joined at London. This was in 1775. Already the

“embattled farmers” had gathered at Lexington and Bunker Hill; already

Washington had drawn his sword at Cambridge, as commander-in-chief and

generalissimo of the new-born armies; already war had begun. At last,

to the defiant watchword, “Taxation no Tyranny,” hurled from London,

our fathers returned that other defiant watchword, “Independence.” But

they did not turn their backs upon the principles asserted throughout

the long controversy. Independence was the means to an end, and that

end was nothing less than a Republic, with Liberty and Equality as

animating principles, where government stood on the consent of the

governed, or, which is the same thing, where there should be no

taxation without representation: for here was the distinctive feature

of American institutions.

* * * * *

2. The principles heralded through fifteen years of controversy were

not forgotten when Independence was declared: and here I come to the

national declarations of the Fathers.

It sometimes happens that men fail in support of the cause to which

they are pledged, or content themselves with something less than

the truth. But not so with our fathers. In declaring Independence

they continued loyal to their constant vows. The natural rights of

all men, and the consent of the people as the only just foundation

of government, which James Otis first announced, which Samuel Adams

maintained with severe simplicity, which Patrick Henry vindicated

even against the cry of “Treason,” and which had been affirmed by

legislative bodies and public meetings, were embodied in the opening

words of the Declaration. There they stand, like a sublime overture

to the new Republic, interpreting, inspiring, and filling it with

transforming power.

“We hold these truths to be _self-evident_: that _all men are

created equal_; that they are endowed by their Creator with

certain unalienable rights; that among these are life, liberty,

and the pursuit of happiness; that to secure these rights

governments are instituted among men, _deriving their just

powers from the consent of the governed_.”

Nor did these declarations proceed from the National Congress alone.

The States spoke also in their Bills of Rights.

Foremost is the Equality of All Men. Of course, in a declaration of

rights, no such supreme folly was intended as that all men are created

equal in form or capacity, bodily or mental,--but simply that they are

created equal in rights. This is grandest of the self-evident truths

announced, leading and governing all the rest. Life, liberty, and the

pursuit of happiness are among inalienable rights; but they are all

in subordination to that primal truth. Here is the starting-point of

the whole; and the end is like the starting-point. Announcing that

governments derive their just powers from the consent of the governed,

the Declaration repeats the same proclamation of Equal Rights. Thus

is Equality the Alpha and the Omega, wherein all other rights are

embraced. Men may not have a natural right to certain things, but most

clearly they have a natural right to _impartial laws_, without which

justice, being the end and aim of government, must fail. Equality in

rights is the first of rights. Because these self-evident truths,

beginning with Equality, had been set at nought by Great Britain, in

her relations with our fathers, Independence was declared. To these

truths, therefore, was the new Government solemnly dedicated, as it

assumed its separate and equal station among the powers of the earth.

Do you ask for the definition of Republic? Here it is, by patriot

lexicographers, whose authority none of us can question.

As the War of Independence began with a declaration of principles,

so it ended with a like declaration. At its successful close, the

Continental Congress, in an Address to the States, by the pen of James

Madison, thus announced the objects for which it had been waged, and

thus supplied another definition of the new government:--

“Let it be remembered that it has ever been the pride and boast

of America, _that the rights for which she contended were

the rights of human nature_. By the blessing of the Author

of these rights on the means exerted for their defence, they

have prevailed against all opposition, and _form the basis_

of thirteen independent States. No instance has heretofore

occurred, nor can any instance be expected hereafter to occur,

in which the _unadulterated forms of Republican Government_ can

pretend to so fair an opportunity of justifying themselves by

their fruits. In this view, the citizens of the United States

are responsible for the greatest trust ever confided to a

political society.”[124]

Such, also, was the sublime sentiment promulgated by Washington from

his camp, in a general order, near the same date, announcing the close

of the war, where he declares his “rapture” in the national prospects,

and the three-fold happiness for all “who have assisted in protecting

_the rights of human nature_.”[125] It was for “the rights of human

nature” that our fathers went forth to battle, and these rights are

proclaimed to “form the basis of thirteen independent States.” But

supreme among these is Equality, including of course the equal right of

all to a voice in the Government. And this is the Republic which our

fathers, with pride and boast, then gave as an example to mankind.

The same spirit appears in the National Constitution, which, by its

preamble, asserts practically similar sentiments:--

“We, the people of the United States, in order to form a

more perfect union, _establish justice_, insure domestic

tranquillity, provide for the common defence, promote the

general welfare, and secure the blessings of liberty to

ourselves and our posterity, do ordain and establish this

Constitution for the United States of America.”

Thus was the National Constitution ordained, not to create an oligarchy

or aristocracy, not to exclude certain persons from the pale of its

privileges, not to organize _inequality of rights_ in any form,

but to “establish justice,” which is Equality,--to “insure domestic

tranquillity,” which is vain without justice,--to “provide for the

common defence,” which is the defence of all,--to “promote the general

welfare,” which is the welfare of all,--and to “secure the blessings of

liberty” to all the people and their posterity, which is giving to all

the complete enjoyment of rights central among which is Equality. Here,

then, is another authoritative definition.

Thus has our country testified to its idea of a Republic, not only

throughout long days of controversy, but in national declarations,

being in themselves monumental acts.

* * * * *

3. From these national declarations I come now to the _Opinions of the

Fathers_. Here you see how these same principles have been sustained

by eminent characters, whose names are historic, all testifying to the

government they founded and upheld. In their weighty words you find a

definition, constantly repeated, in harmony with all the promises of

the Fathers, whether in controversy or in solemn instruments which are

the very title-deeds of the Republic.

* * * * *

I begin with Benjamin Franklin, who saw all questions of Government

with a surer instinct than any other person in our history. As early as

1736, while still a young man, he wrote an article, which was published

in the Pennsylvania Gazette, containing these words:--

“Popular Governments have not been framed without the wisest

reasons. It seemed highly fitting that the conduct of

magistrates, _created by and for the good of the whole_, should

be made liable to the inspection and animadversion of _the

whole_.”[126]

It is for _the good of the whole_, and not for an odious oligarchy or

an aristocratic class, that our patriot speaks, and in these words

is foreshadowed the idea of a republican government. But it was in

discussions, after Otis had hurled his flaming bolt, that we find a

fuller and more precise definition. Here it is, as adopted, if not

written, by Franklin:--

“That _every man_ of the commonalty (excepting infants, insane

persons, and criminals) is, of common right, and by the laws of

God, a freeman, and entitled to the free enjoyment of liberty.

“_That liberty, or freedom, consists in having an actual share

in the appointment of those who frame the laws_, and who are to

be the guardians of every man’s life, property, and peace: for

the _all_ of one man is as dear to him as the _all_ of another;

and the poor man has an _equal_ right, but _more_ need, to have

representatives in the Legislature than the rich one.

“That they who have no voice nor vote in the electing

of representatives _do not enjoy liberty, but are

absolutely enslaved to those who have votes, and to their

representatives_: for to be enslaved is to have governors

whom _other men have set over us_, and be subject to laws

_made by the representatives of others_, without having

had representatives of our own to give consent in _our_

behalf.”[127]

In these emphatic words is a complete vindication of the _equal right_

of representation, as essential to free government,--so much so, that,

where this does not exist, Liberty does not exist.

Jefferson followed Franklin in the same vein, but with greater fervor.

The author of the Declaration of Independence could not do otherwise.

Constantly he testifies to his idea of a Republic. Thus he wrote to

Alexander von Humboldt, under date of June 13, 1817, affirming the

rights of the majority as “the first principle of Republicanism,” and

assuming the principle of Equal Rights:--

“The first principle of Republicanism is, that the _lex majoris

partis_ is the fundamental law of every society of individuals

_of equal rights_. To consider the will of the society enounced

by the majority of a single vote as sacred as if unanimous is

the first of all lessons in importance, yet the last which

is thoroughly learnt. This law once disregarded, no other

remains but that of force, which ends necessarily in military

despotism.”[128]

In another letter, to John Taylor, of Caroline, dated May 28, 1816, he

thus defines a Republic:--

“Indeed, it must be acknowledged that the term _Republic_

is of very vague application in every language. Witness the

self-styled Republics of Holland, Switzerland, Genoa, Venice,

Poland. Were I to assign to this term a precise and definite

idea, I would say, purely and simply, it means _a government

by its citizens in mass_, acting directly and personally,

_according to rules established by the majority_,--and that

every other government is more or less republican in proportion

as it has in its composition more or less of this ingredient of

the direct action of the citizens.”[129]

Here again, while confessing the unquestionable vagueness of the term

according to old examples, he assumes that in a republic all citizens

must have a voice. And again, in the same letter, he thus indignantly

condemns denial of representation:--

“And also that one half of our brethren who fight and pay taxes

are excluded, like Helots, from the rights of representation,

as if society were instituted for the soil, and not for

the men inhabiting it, _or one half of these could dispose

of the rights and the will of the other half without their

consent_.”[130]

Thus did he scout the whole wretched pretension of oligarchy and

monopoly by which citizens are deprived of equal rights.

To these may be added his earliest and latest declarations on this

important question. The earliest is in his “Notes on Virginia,” written

in 1781, where he recognizes “a reciprocation of right” as a presiding

principle:--

“When arguing for ourselves, we lay it down as a fundamental,

that laws, to be just, must give _a reciprocation of right_:

that without this they are mere arbitrary rules of conduct,

founded in force, and not in conscience.”[131]

The latest declaration was in 1826, the year of his death. It is in

a paper containing some of his most intimate opinions. Here he bears

testimony to “_equality_ among our citizens” as “essential to the

maintenance of republican government.”[132] These are among his dying

words.

* * * * *

Madison was colder in nature than Jefferson; but they were associates

in opinion, as in political life. In the debates on the National

Constitution the former condemned the denial of rights on account of

color:--

“We have seen the mere distinction of color made, in the most

enlightened period of time, a ground of the most oppressive

dominion ever exercised by man over man.”[133]

Speaking directly of the right of suffrage, he uses the following

language:--

“_The right of suffrage is certainly one of the fundamental

articles of republican government_, and ought not to be left

to be regulated by the legislature. A gradual abridgment of

this right has been the mode in which _aristocracies_ have been

built on the ruins of popular forms.”[134]

Thus declaring himself against “aristocracies,” he naturally recognized

the true idea; and here he was perplexed by the question of a property

qualification, and the effort to reconcile it with “the right of

suffrage,” which he calls “a fundamental article in republican

constitutions.”[135] In another place, he says of “confining the right

of suffrage to freeholders”: “It violates _the vital principle_ of free

government, that those who are to be bound by laws ought to have a

voice in making them; and the violation would be more strikingly unjust

as the lawmakers become the minority.”[136] Completely recognizing the

great American principle, that just government can stand only on “the

consent of the governed,” he is brought to this conclusion:--

“Under every view of the subject, it seems indispensable

that the mass of citizens should not be without a voice in

making the laws which they are to obey, and in choosing the

magistrates who are to administer them.”[137]

In one of the most remarkable chapters of the “Federalist,” Madison

gives expansion to this idea in his formal definition of a Republic:--

“If we resort for a criterion to the different principles

on which different forms of government are established, we

may define a Republic to be, or at least may bestow that

name on, _a government which derives all its powers directly

or indirectly from the great body of the people_, and is

administered by persons holding their offices during pleasure,

for a limited period, or during good behavior. _It is essential

to such a government that it be derived from the great body

of the society, not from an inconsiderable proportion_, OR A

FAVORED CLASS OF IT: otherwise a handful of tyrannical nobles,

exercising their oppressions by a delegation of their powers,

might aspire to the rank of republicans, and claim for their

government the honorable title of Republic.”[138]

Thus, in few significant words, does this authority teach that a

Republic is a government derived from “the great body of the people,”

and not from “a favored class of it.” Better words could not be found

for the American definition.

I repeat these two conditions of republican government according to

Madison: _First_, the government must be derived from the _great body_

of the people; and, _secondly_, it cannot spring from any _favored

class_.

That the colored race should not be excluded from this definition may

be justly inferred from his remark, already quoted, that “where Slavery

exists the _republican_ theory becomes still more fallacious,”[139]

and also from his correspondence at a later day with Lafayette, whose

devotion to the great principle of Equal Rights was blazoned before

the world. Writing to the latter, November 25, 1820, he said:--

“The Constitutions and laws of the different States are much

at variance in the civic character given to free persons of

color: those of most of the States, not excepting such as have

abolished Slavery, imposing _various disqualifications_, which

_degrade_ them from the rank and rights of white persons.

_All these perplexities develop more and more the dreadful

fruitfulness of the original sin of the African trade._”[140]

“Various disqualifications which degrade them”; “dreadful

fruitfulness”: such are some of the terms in which judgment is

recorded. Another letter, also to Lafayette, written as late as

February 1, 1830, says:--

“Outlets for the freed blacks are alone wanted for a rapid

erasure of the blot [of Slavery] from our _Republican

character_.”[141]

Thus, in his opinion, was the treatment of this unhappy people

inconsistent with the “Republican character.”

* * * * *

Hamilton follows with perhaps equal authority. Though approaching

political questions from opposite points of view, we find him uniting

with Franklin, Jefferson, and Madison. Here is a glimpse of the

definition he would supply:--

“As long as offices are _open to all men_ and _no

constitutional rank_ is established, it is pure

republicanism.”[142]

Not for an oligarchy, but for _all_, is a Republic created. Then again

he testifies for Equal Rights, and against _partial distinctions_:--

“There can be no truer principle than this, that _every

individual of the community at large has an equal right to the

protection of Government_.… We propose _a free government_. Can

it be so, if _partial distinctions_ are maintained?”[143]

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