Will he oppose, at all times, without compromise, any further addition

of slaveholding States? Here again, if we judge him by the past, he is

wanting. None can forget that in 1845, on the Fourth of July, a day

ever sacred to memories of Freedom, in a speech at Faneuil Hall, he

volunteered, in advance of any other Northern Whig, to receive Texas

with a welcome into the family of States, although on that very day

she was preparing a Constitution placing Slavery beyond the reach of

legislative change.

The conclusion is irresistible, that Mr. Winthrop cannot fitly

represent the feeling palpitating in Massachusetts bosoms, and so often

expressed by our Legislature, with regard to Slavery.

What may we expect from him as to the _Mexican War_? This brings me to

a melancholy inquiry, on which I am the less disposed to dwell because

it has already been so fully considered. Will he ascend to the heights

of a true civilization, and, while branding the war as unjust, call

at once for its cessation, and the withdrawal of our forces? There is

no reason to believe that he will. He voted for the Act of Congress

under which it is now waged, and by that disastrous vote made his

constituents partakers in a wicked and bloody war. At a later day,

in an elaborate speech,[200] he vindicated his action, and promised

"not to withhold his vote from any reasonable supplies which may be

called for" in the prosecution of the war,--adding, that he should

vote for them "to enable the President to achieve that _honorable

peace_ which he has solemnly promised to bring about at the earliest

possible moment" _by the sword_. And, pray, what is Mr. Winthrop's idea

of an "honorable peace"? Is it peace imposed upon a weak neighbor by

brute force, the successful consummation of unrighteous war? Is it the

triumph of wrong? Is it the Saturnalia of Slavery? Is it the fruit of

sin? Is it a baptism of blood unjustly shed? In the same speech, with

grievous insensibility to the sordid character of the suggestion, he

pleads for the maintenance of the old Tariff, as necessary to meet "the

exigencies" of the Mexican War. "In a time of war, like the present,

more especially," he says, "_an ample revenue should be the primary

aim and end of all our custom-house duties_." Perish manufactures, let

me rather say, if the duties by which they seem to be protected are

swollen to feed "the exigencies" of unjust war! Afterwards, at Faneuil

Hall, before the Whig Convention, he shows a similar insensibility.

Nowhere does he sound the word _Duty_. Nowhere does he tell his country

to begin by doing right. Nowhere does he give assurance of aid by

calling for the instant stay of the war.

[200] Speech on the Tariff, June 25, 1846.

There are those who, admitting that his vote was a mistake, say that

we are not to judge him on this account. Can we afford to send a

representative who can make such a mistake? But it is a mistake never

by him acknowledged as such. It is still persisted in, and hugged.

Among the last words of warning from the lips of Chatham, as he fell at

his post in the British Senate, almost his dying words, were "against

co-operation with men who still persist in unretracted error."

In his vote for the Mexican War Mr. Winthrop was not a Whig. He then

left the party: for surely the party is not where numbers prevail, but

where its principles are recognized. The true Whigs are the valiant

minority of _fourteen_. Once in Roman history, the vestal fire, the

archives, the sacred volumes of the Republic, were in the custody of a

single individual, in a humble vehicle, fleeing from the burning city.

With him was the life of the Republic. So in that small minority was

the life of the Whig party, with its principles and its sacred fire.

The true Whig ground, the only ground consistent with professed loyalty

to the sentiment of duty, is uncompromising opposition to the war,

wheresoever and howsoever opposition may be made. Expecting right from

Mexico, we must begin by doing right. We are aggressors, and must cease

to be so.

This is the proper course, having its foundations in immutable

laws. Let me repeat, that our country must do as an individual in

like circumstances. For, though politicians may disown it, there

is but one rule for nations and for individuals. If any one of

you, fellow-citizens, finding yourself in dispute with a neighbor,

had unfortunately felled him to earth, but, with returning reason,

discovered that you were wrong, what would you do? Of course, cease

instantly from _wrong-doing_. You would help your neighbor to his feet,

and with awakened benevolence soothe his wounded nature. Precisely so

must our country do now. This can be only by the withdrawal of our

forces. Peace would then follow. The very response sent to the Roman

Senate by a province of Italy might be repeated by the Mexicans: "The

Romans, having preferred _justice_ to _conquest_, have taught us to be

satisfied with submission instead of liberty."

That I may not found these conclusions upon general principles only, I

would invoke the example of English Whigs, Chatham, Camden, Burke, Fox,

and Sheridan, in opposition to the war of our Revolution,--denouncing

it at the outset as unjust, and ever, during its whole progress,

declaring their condemnation of it,--voting against supplies for its

prosecution, and against thanks for the military services by which it

was waged. Holding their example as of the highest practical authority

on the present question, and as particularly fit to be regarded by all

professing to be Whigs in America, I make no apology for introducing

the authentic evidence which places it beyond doubt. This is to be

found in the volumes of the Parliamentary Debates. I am not aware that

it has ever before been applied to the present discussion, although it

is in every word especially applicable.

I begin with that famous instance where two officers--one the son

of Lord Chatham, and the other the Earl of Effingham--flung up their

commissions rather than fight against constitutional liberty as upheld

by our fathers. In the case of the latter especially the sacrifice

was great; for he was bred to arms, and enjoyed the service. From his

place in the House of Lords, May 18, 1775, he vindicated his act in the

following terms.

"Ever since I was of an age to have any ambition at all, my highest

has been to serve my country in a military capacity. If there was

on earth an event I dreaded, it was to see this country so situated

as to make that profession incompatible with my duty as a citizen.

That period is in my opinion arrived.... When the duties of a

soldier and a citizen become inconsistent, I shall always think

myself obliged to sink the character of the soldier in that of the

citizen, till such time as those duties shall again, by the malice

of our real enemies, become united."

These generous words found an echo at the time. A note in the

Parliamentary History says, "The Twenty-second Regiment of Foot, in

which he held a captain's commission, being ordered to America, he

resolved, though not possessed of an ample patrimony, to resign a

darling profession, and all hopes of advancement, rather than bear

arms in a cause he did not approve"; and the record proceeds to say

that "the cities of London and Dublin voted him their thanks for this

conduct."[201] If a soldier could bear testimony against an unjust war,

it was easy for others not under the constraint of martial prejudice to

do so. The sequel shows how the example prevailed.

[201] Vol. XVIII., col. 688. See also Annual Register for 1776,

Vol. XIX. p. 42

First came the famous Duke of Grafton, who, in the House of Lords,

on the Address of Thanks, October 26, 1775, after the Battles of

Lexington and Bunker Hill, said:--

"I pledge myself to your Lordships and my country, that, if

necessity should require it, and my health not otherwise permit it,

I mean to come down to this House in a litter, in order to express

my full and hearty disapprobation of the measures now pursuing,

and, as I understand from the noble Lords in office, meant to be

pursued. I do protest to your Lordships, that, if my brother or

my dearest friend were to be affected by the vote I mean to give

this evening, I could not possibly resist the faithful discharge

of my conscience and my duty. Were I to lose my fortune and every

other thing I esteem, were I to be reduced to beggary itself, the

strong conviction and compulsion at once operating on my mind

and conscience would not permit me to take any other part on the

present occasion than that I now mean to adopt."

A protest at the close of this debate was signed by several peers,

containing the following emphatic clause:--

"Because we cannot, as Englishmen, as Christians, or as men of

common humanity, consent to the prosecution of a cruel civil war,

so little supported by justice, and so very fatal in its necessary

consequences, as that which is now waging against our brethren and

fellow-subjects in America."

This was echoed in the House of Commons, where, on the same Address,

Mr. Wilkes said:--

"I call the war with our brethren in America an unjust, felonious

war.... I assert that it is a murderous war, because it is an

effort to deprive men of their lives for standing up in the just

cause of the defence of their property and their clear rights.

It becomes no less a murderous war with respect to many of our

fellow-subjects of this island; for every man, either of the navy

or army, who has been sent by Government to America, and fallen a

victim in this unnatural and unjust contest, has in my opinion been

murdered by Administration, and his blood lies at their door. Such

a war, I fear, Sir, will draw down the vengeance of Heaven upon

this devoted kingdom."

Mr. Fox expressed himself as follows:--

"_He could not consent to the bloody consequences of so silly a

contest_ about so silly an object, conducted in the silliest manner

that history or observation had ever furnished an instance of, and

from which we were likely to derive nothing but poverty, misery,

disgrace, defeat, and ruin."

He was followed by the eminent lawyer, Serjeant Adair:--

"I am against the present war, because I think it unjust in its

commencement, injurious to both countries in its prosecution, and

ruinous in its event.... I think, from the bottom of my soul, that

the Colonies are engaged in a noble and glorious struggle.... Sir,

I could not be easy in my own mind without entering the strongest

and most public protestations against measures which appear to me

to be fraught with the destruction of this mighty empire. _I wash

my hands of the blood of my fellow-subjects_, and shall at least

have this satisfaction, amidst the impending calamities of the

public, not only to think that I have not contributed to, but that

I have done all in my power to oppose and avert, the ruin of my

country."

During another debate in the Lords, November 15, 1775, that strenuous

friend of freedom and upholder of Whig principles, Lord Camden,

declared himself thus:--

"Peace is still within our power; nay, we may command it. A

suspension of arms on our part, if adopted in time, will secure

it for us, and, I may add, on our own terms. _From which it is

plain, as we have been the original aggressors in this business,

if we obstinately persist, we are fairly answerable for all the

consequences._ I again repeat, what I often urged before, that I

was against this unnatural war from the beginning. I was equally

against every measure, from the instant the first tax was proposed

to this minute. When, therefore, it is insisted that we aim only

to defend and enforce our own rights, I positively deny it. I

contend that America has been driven by cruel necessity to defend

her rights from the united attacks of violence, oppression,

and injustice. I contend that America has been indisputably

aggrieved.... I must still think, and shall uniformly continue to

assert, that Great Britain was the aggressor, that most, if not

all, the acts were founded in oppression, and that, if I were an

American, I should resist to the last such manifest exertion of

tyranny, violence, and injustice."

On another occasion, in the Commons, December 8, 1775, Mr. Fox

expressed himself thus sententiously:--

"I have always said that the war carrying on against the Americans

is unjust."

Again, in the Lords, March 5, 1776, the Earl of Effingham said:--

"I never can stand up in your Lordships' presence without throwing

in a few words on the justice of this unnatural war."

In the Commons, March 11, 1776, Colonel Barré, Mr. Burke, Mr. Fox, all

vied in eulogy of General Montgomery, the account of whose death before

Quebec had arrived a few days before.

The same spirit was constantly manifest. In the Commons, April 24,

1776, in the debate on the Budget, embodying taxes to carry on the

war against America, Mr. Fox laid down the constitutional rule of

opposition to an unjust war.

"To the resolutions he should give his flat negative, and that

not because of any particular objections to the taxes proposed

(although there might be a sufficient ground for urging many),

_but because he could not conscientiously agree to grant any money

for so destructive, so ignoble a purpose as the carrying on a war

commenced unjustly, and supported with no other view than to the

extirpation of freedom_ and the violation of every social compact.

THIS HE CONCEIVED TO BE THE STRICT LINE OF CONDUCT TO BE OBSERVED

BY A MEMBER OF PARLIAMENT.... He then painted the quarrel with

America as unjust, and the pursuance of the war as blood-thirsty

and oppressive."

Colonel Barré followed, and adopted the phrase of Mr. Fox, "giving his

flat negative to the resolutions, _as they were calculated to tax the

subject for an unjust purpose_."

The Duke of Grafton, in the Lords, October 31, 1776, repeated the

sentiments he had avowed at an earlier day.

"He pledged himself to the House, and to the public, that, while he

had a leg to stand on, he would come down day after day to express

the most marked abhorrence of the measures hitherto pursued, and

meant to be adhered to, in respect to America."

On the same night, in the Commons, Mr. Fox exclaimed:--

"The noble Lord who moved the amendment said that we were in the

dilemma of _conquering or abandoning America. If we are reduced to

that, I am for abandoning America._"

In the Commons, November 6, 1776, Mr. Burke likened England to a "cruel

conqueror."

"You simply tell the Colonists to lay down their arms, and then

you will do just as you please. Could the most cruel conqueror say

less? Had you conquered the Devil himself in Hell, could you be

less liberal?"

Colonel Barré, in the Commons, February 10, 1777, insisted:--

"America must be reclaimed, _not conquered or subdued_.

Conciliation or concession are the only sure means of either

gaining or retaining America."

The Budget came up again in the Commons, May 14, 1777, when Mr. Burke

spoke nobly:--

"He was, and ever would be, ready to support a just war, whether

against subjects or alien enemies; but where justice, or a color of

justice, was wanting, he should ever be the first to oppose it."

All these declarations were crowned by Lord Chatham's motion in the

Lords, May 30, 1777, to put a stop to American hostilities, when he

spoke so wisely and bravely.

"We have tried for unconditional submission: _try what can be

gained by unconditional redress_.... We are the aggressors. We have

invaded them. We have invaded them as much as the Spanish Armada

invaded England.... In the sportsman's phrase, when you have found

yourselves at fault, _you must try back_.... I shall no doubt

hear it objected, 'Why should we submit or concede? Has America

done anything, on her part, to induce us to agree to so large a

ground of concession?' I will tell you, my Lords, why I think

you should. _You have been the aggressors from the beginning....

If, then, we are the aggressors, it is your Lordships' business

to make the first overture._ I say again, this country has been

the aggressor. You have made descents upon their coasts; you have

burnt their towns, plundered their country, made war upon the

inhabitants, confiscated their property, proscribed and imprisoned

their persons. _I do therefore affirm, that, instead of exacting

unconditional submission from the Colonies, we should grant them

unconditional redress._ We have injured them; we have endeavored

to enslave and oppress them. Upon this clear ground, instead of

chastisement, they are entitled to redress."

Again Lord Chatham broke out, November 18, 1777, in words most

applicable to the present occasion.

"I would sell my shirt off my back to assist in proper measures,

properly and wisely conducted; _but I would not part with a single

shilling to the present ministers_. Their plans are founded

in destruction and disgrace. It is, my Lords, a ruinous and

destructive war; it is full of danger; it teems with disgrace, and

must end in ruin.... If I were an American, as I am an Englishman,

while a foreign troop was landed in my country, I never would lay

down my arms!--never!--never!--never!"

The Duke of Richmond, in the Lords, on the same occasion, returned to

the charge in a similar spirit.

"Can we too soon put a stop to such a scene of carnage? My Lords, I

know that what I am going to say is not fashionable language; but

a time will come when every one of us must account to God for his

actions, and how can we justify causing so many innocent lives to

be lost?"

In the Commons, December 5, 1777, Mr. Hartley, the constant friend of

America, brought forward a motion:--

"That it is unbecoming the wisdom and prudence of Parliament to

proceed any farther in the support of this fruitless, expensive,

and destructive war, more especially without any specific terms of

accommodation declared."

The Marquis of Rockingham, in the Lords, February 16, 1778, exclaimed:--

"He was determined to serve his country _by making peace at any

rate_."

At last, in the Lords, March 23, 1778, the Duke of Richmond brought

forward a motion for the withdrawal of the forces from America.

The same question was presented again in the Commons, November 27,

1780, on a motion to thank General Clinton and others for their

military services in America, when Mr. Wilkes laid down the true rule.

"I think it my duty to oppose this motion, because in my idea

every part of it conveys an approbation of the American War,--a

war unfounded in principle, and fatal in its consequences to this

country.... _Sir, I will not thank for victories which only tend

to protract a destructive war...._ As I reprobate the want of

principle in the origin of the American War, I the more lament all

the spirited exertions of valor and the wisdom of conduct which in

a good cause I should warmly applaud. Thinking as I do, I see more

matter of grief than of triumph, of bewailing than thanksgiving, in

this civil contest, and the deluge of blood which has overflowed

America.... I deeply lament that the lustre of such splendid

victories is obscured and darkened by the want of a good cause,

without which no war, in the eye of truth and reason, before God or

man, can be justified."

Mr. Fox followed in similar strain.

"He allowed the merits of the officers now in question, but he made

a distinction between thanks and praise. He might, admire their

valor, but he could not separate the intention from the action;

they were united in his mind; there they formed one whole, and he

would not attempt to divide them."

Mr. Sheridan joined in these declarations.

"There were in that House different descriptions of men _who

could not assent to a vote that seemed to imply a recognition or

approbation of the American War_."

All these words are memorable from the occasion of their utterance,

from the statesmen who uttered them, and from the sentiments avowed.

The occasion was the war of Great Britain upon our fathers. The

statesmen were the greatest masters of political wisdom and eloquence

that England has given to the world. The sentiments were all in harmony

with what I have urged on the present occasion. Orators contended with

each other in the strength of their language. Lord Camden averred that

"Great Britain was the aggressor." The Duke of Grafton declared, that,

"while he had a leg to stand on," he would express his "abhorrence" of

the war. Chatham gave utterance to the same sentiment in one of his

most magnificent orations. And Wilkes, Sheridan, Fox, and Burke echoed

this strain, all insisting that the war was unjust, and must therefore

be stopped.

Thus far I have quoted testimony from Parliamentary debates on our own

Revolution; but going farther back, we find similar authority. When

Charles the First sent assistance to the French against the Huguenots

in Rochelle, the officers and men did more than murmur; and here our

authority is Hume. The commander of one of the ships "declared that he

would rather be hanged in England for disobedience than fight against

his brother Protestants in France."[202]

[202] Hume, History of England, Chap. L.

They went back to the Downs. Having received new orders, they sailed

again for France.

"When they arrived at Dieppe, they found that they had been

deceived. Sir Ferdinando Gorges, who commanded one of the vessels,

broke through and returned to England. All the officers and sailors

of all the other ships, notwithstanding great offers made them by

the French, immediately deserted. One gunner alone preferred duty

towards his king to the cause of religion, and he was afterwards

killed in charging a cannon before Rochelle."[203]

[203] Hume, History of England, Chap. L.

The same sentiment prevailed also in the war upon Spain by Cromwell,

when several naval officers, having scruples of conscience with regard

to the justice of the war, threw up their commissions and retired. Here

again Hume is our authority.

"No commands, they thought, of their superiors could justify a war

which was contrary to the principles of natural equity, and which

the civil magistrate had no right to order. Individuals, they

maintained, in resigning to the public their natural liberty, could

bestow on it only what they themselves were possessed of, a right

of performing lawful actions, and could invest it with no authority

of commanding what is contrary to the decrees of Heaven."[204]

[204] Ibid., Chap. LXI.

Here again it is soldiers who refuse to fight in unjust war.

Such is the doctrine of morals sanctioned by English examples. Such

should be the doctrine of an American statesman. If we apply it to

the existing exigency, or try the candidates by this standard, we

find, that, as Dr. Howe is unquestionably right, so Mr. Winthrop is

too certainly wrong. Exalting our own candidate, I would not unduly

disparage another. It is for the sake of the cause in which we are

engaged, by the side of which individuals dwindle into insignificance,

that we now oppose Mr. Winthrop, bearing our testimony against Slavery

and the longer continuance of the Mexican War, demanding the retreat of

General Taylor and the instant withdrawal of the American forces. Even

if we seem to fail in this election, we shall not fail in reality. The

influence of this effort will help to awaken and organize that powerful

public opinion by which this war will at last be arrested.

Hang out, fellow-citizens, the white banner of Peace; let the

citizens of Boston rally about it; and may it be borne forward by an

enlightened, conscientious people, aroused to condemnation of this

murderous war, until Mexico, now wet with blood unjustly shed, shall

repose undisturbed beneath its folds.

INVALIDITY OF ENLISTMENTS

IN THE MASSACHUSETTS REGIMENT OF VOLUNTEERS FOR THE MEXICAN WAR.

ARGUMENT BEFORE THE SUPREME COURT OF MASSACHUSETTS, JANUARY, 1847.

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