Chapter II (1)

MR. PRESIDENT,--Such is what I have to say on the history and principles of the Representative System, particularly in the light of American institutions; and this brings me to the _practical question_ at this moment. I cannot doubt that the District System, as it is generally called, whereby the representative power will be distributed in just proportion, according to the Rule of Three, among the voters of the Commonwealth, is the true system, destined at no distant day to prevail. And gladly would I see this Convention hasten the day by presenting it to the people for adoption in the organic law. To this end I have striven by my votes. But, Sir, I cannot forget what has passed. The votes already taken show that the Convention is not prepared for this radical change; and I am assured by gentlemen more familiar with public sentiment than I can pretend to be, that the people are not yet prepared for it.

Thus we are brought to the position occupied successively by the Conventions of 1780 and 1820, each of which, though containing warm partisans of the District System, shrank from its adoption--as in Virginia, the early recommendation of Jefferson, and his vehement support at a later day, have been powerless to produce this important amendment. John Lowell, who appeared at the bar of the Massachusetts Legislature in 1776 to vindicate the principle of equality in representation, and Theophilus Parsons, author of the powerful tract which proposed to found the Representative System on the Rule of Three, were both members of the first Convention,--and I know not if the District System has since had any abler defenders. To these I might add the great name of John Adams, who early pleaded for equality of representation, and declared, in words adopted by the Essex Convention, that the Representative Assembly should be "an exact portrait in miniature of the people at large."[20] In the Convention of 1820, the District System was cherished and openly extolled by a distinguished jurist, at that time a Justice of the Supreme Court of the United States,--Joseph Story,--whose present fame gives additional importance to his opinions. And yet the desire of these men failed. The corporate representation of towns was preserved, and the District System pronounced impracticable. In the Address put forth by the Convention of 1780, and signed by its President, James Bowdoin, these words may be found:--

[20] Thoughts on Government: Works, Vol. IV. pp. 195, 205. Essex
Result, p. 29.

"You will observe that we have resolved that representation ought
to be founded on the principle of Equality; but it cannot be
understood thereby that each town in the Commonwealth shall have
weight and importance in a just proportion to its numbers and
property. An exact representation would be unpracticable, even
in a system of government arising from the state of Nature, and
much more so in a State already divided into nearly three hundred
corporations."[21]

[21] Journal of the Convention, p. 219.

The Convention seem to have recognized the theoretic fitness of an "exact representation," but did not regard it as feasible in a State already divided into nearly three hundred corporations. In the Convention of 1820, Joseph Story, who has been quoted by my eloquent friend [Mr. CHOATE], used language which, though not so strong as that of the early Address, has the same result.

"In the Select Committee, I was in favor of a plan of
representation in the House founded on population, as the most just
and equal in its operation. I still retain that opinion. There
were serious objections against this system, and it was believed
by others that the towns could not be brought to consent to yield
up the corporate privileges of representation, which had been
enjoyed so long, and were so intimately connected with their pride
and their interests. I felt constrained, therefore, with great
reluctance, to yield up a favorite plan. I have lived long enough
to know, that, in any question of government, something is to be
yielded up on all sides. Conciliation and compromise lie at the
origin of every free government; and the question never was and
never can be, what is absolutely best, but what is relatively wise,
just, and expedient. I have not hesitated, therefore, to support
the plan of the Select Committee, as one that, on the whole, was
the best that, under existing circumstances, could be obtained."[22]

[22] Debates, etc., in the Convention to revise the Constitution of
Massachusetts, 1820-21, p. 136 _c._ Story's Miscellaneous Writings,
p. 518.

Sir, I am not insensible to these considerations, or to the authority of these examples. A division of the State into districts would be a change, in conformity with abstract principles, which would interfere with existing opinions, habitudes, and prejudices of the towns, all of which must be respected. A change so important in character cannot be advantageously made, unless supported by the permanent feelings and convictions of the people. Institutions are formed _from within_, not _from without_. They spring from custom and popular faith, silently operating with internal power, not from the imposed will of a lawgiver. And our present duty here, at least on this question, may be in some measure satisfied, if we aid this growth.

Two great schools of jurisprudence for a while divided the learned mind of Germany,--one known as the Historic, the other as the Didactic. The question between them was similar to that now before the Convention. The first regarded all laws and institutions as the growth of custom, under constant influences of history; the other insisted upon positive legislation, giving to them a form in conformity with abstract reason. It is clear that both were in a measure right. No lawgiver or statesman can disregard either history or abstract reason. He must contemplate both. He will faithfully study the Past, and will recognize its treasures and traditions; but, with equal fidelity, he will set his face towards the Future, where all institutions will at last be in harmony with truth.

I have been encouraged to believe in the practicability of the District System by its conformity with reason, and by seeing how naturally it went into operation under the Constitution of the United States. But there is a difference between that case and the present. A new Government was then founded, with new powers, applicable to a broad expanse of country; but the Constitution of Massachusetts was little more than a continuation of preëxisting usages and institutions, with all dependence upon royalty removed. This distinction may help us now. If the country were absolutely new, without embarrassment from existing corporate rights,--_claims_ I would rather call them,--it might easily be arranged according to the most approved theory, as Philadelphia is said to have been originally laid out on the model of the German city which its great founder had seen in his travels.[23] But to bring our existing system into symmetry, and to lay it out anew, would seem to be a task--at least I am reluctantly led to this conclusion by what I have heard here--not unlike that of rebuilding Boston, and of shaping its compact mass of crooked streets into the regular rectangular forms of the city of Penn. And yet this is not impossible. With each day, by demolishing ancient houses and widening ancient ways, changes are made which tend to this result.

[23] Julius, Nordamerikas Sittliche Zustände, Band I. p. 92.

Sir, we must recognize the existing condition of things, remedy all practical grievances so far as possible, and set our faces towards the true system. We must act in the Present, but be mindful also of the Future. There are proper occasions for compromise, as most certainly there are rights beyond compromise. But the Representative System is an expedient or device for ascertaining the popular will, and, though well satisfied that this can be best founded on numbers, I would not venture to say, in the present light of political science, that the right of each man to an equal representation, according to the Rule of Three, and without regard to existing institutions or controlling usages, is of that inherent and lofty character--like the God-given right to life or liberty--which admits of no compromise.

* * * * *

Several grievances exist, which will be removed by the proposed amendments. There is one which I had hoped would disappear, but which is the necessary incident of corporate representation: I mean the unwieldy size of the House.

It is generally said that a small body is more open to bribery and corruption than a large body; but, on the other hand, I have heard it asserted that the larger is more exposed than the smaller. I put this consideration aside. My objection to a large House is, that it is inconvenient for the despatch of public business. There is a famous saying of Cardinal de Retz, that every assembly of more than one hundred is a mob; and Lord Chesterfield applied the same term to the British House of Commons. At the present time that body has nominally six hundred and fifty-four members. It is called by Lord Brougham "preposterously large"; but a quorum for business is forty only; and it is only on rare occasions of political importance that its benches are completely occupied. The House of Lords, nominally, has four hundred and fifty-nine members; but a quorum in this body consists of three only;[24] and much of its business is transacted in a very thin attendance.

[24] According to the old rule, _Tres faciunt collegium._

The experience of Congress, as also of other States, points to a reduction of our present number. Indeed, for many years this was a general desire through the State. In the earliest Colonial days every town was allowed three deputies; but in five years the number, on reaching thirty-three, was reduced to two for each.[25] At a later day, in 1694, a great contest in the House was decided by a vote of twenty-six against twenty-four.[26] In the agitating period between 1762 and 1773, covering the controversies which heralded the Revolution, the House consisted, on an average, of one hundred and twenty members; and only on one occasion the magnitude of the interest is reported by Hutchinson to have drawn together so many as one hundred and thirteen. At the last session of the Provincial Legislature, in May, 1774, when the Revolutionary conflict was at hand, the complete returns of the Journal show one hundred and forty. In 1776 there was a House of three hundred and five; but this "enormous and very unwieldy size," according to the language of the time, was assigned as a reason for a new Constitution. I regret that we cannot profit by this experience. A House of two hundred and fifty, or, since we are accustomed to large congregations,[27] of three hundred at most, would be an improvement on the present system.

[25] Records of the Governor and Company of the Massachusetts Bay,
Vol. I. pp. 118, 250, 254.

[26] Hutchinson, History of Massachusetts, Vol. II. p. 77.

[27] The House for many years numbered upwards of five hundred
members,--in 1835, '36, and '37 swelling to the truly "enormous and
unwieldy size" of 615, 619, and 635; and even under the greatly
reduced apportionment established by the Amendment of 1840, the
numbers in the two years (1851 and 1852) preceding the present
Convention were no less than 396 and 402. See Gifford and Stowe's
Manual for the General Court, (Boston, 1860,) p. 130.

There are two proposed improvements which I hail with satisfaction: one relates to the small towns, and the other to the cities. The small towns will have a more constant representation; and this of itself is an approach to the true principle of representation, which should be constant as well as equal. The cities will be divided into districts, and this I regard of twofold importance: first, as the beginning of a true system; and, secondly, as reducing the power which the cities, by the large number of their representatives, chosen by general ticket, now exercise.

A respected gentleman, now in my eye, has reminded me that in boyhood his attention was arrested in this House by what was called "the Boston seat," reserved exclusively for the Boston members, who sat together on cushions, while other members were left to such accommodation as they could find on bare benches. This discrimination ceased long ago. But it seems to me that this reserved and cushioned seat is typical of another discrimination, which Boston, in common with the cities, still enjoys. Sir, in voting for forty-four representatives, the elector in Boston exercises a representative power far exceeding that of electors in the country; and the majority which rules Boston and determines the whole delegation exercises a representative power transcending far that of any similar number in the Commonwealth. This is apparent on the bare statement, as forty-four sticks are stronger in one compact bundle than when single or in small parcels. Thus, while other counties are divided, the delegation from Boston is united. In all political contests, it is like the well-knit Macedonian phalanx, or the iron front of the Roman legion, in comparison with the disconnected individual warriors against whom they were engaged. This abuse will be removed; and here is the beginning, I had almost said the inauguration, of a true electoral equality in our Commonwealth.

And now, in conclusion, while thanking gentlemen for the kind attention with which they have honored me, let me express briefly the result to which I have come. I have openly declared my convictions with regard to the District System, and in accordance with these have recorded my votes in this Convention. These votes, which reveal my inmost desires on this matter, I would not change. But the question is not now between the District System, which I covet so much for Massachusetts, and the proposed amendments, but between these amendments and the existing system. On this issue I decide without hesitation. I shall vote, Sir, for the propositions of amendment before the Convention, should they come to a question on their final passage, not because they are all that I desire, not because they satisfy the requirement of principles which I cannot deny, not because they constitute a permanent adjustment of this difficult question, but because they are the best which I can now obtain, because they reform grievances of the existing system, and because they begin a change which can end only in the establishment of a Representative System founded in reality, as in name, on _Equality_. Their adoption will be the triumph of conciliation and harmony, and will furnish new testimony to the well-tempered spirit of our institutions, where

"jarring interests, reconciled, create
The according music of a well-mixed State."

BILLS OF RIGHTS: THEIR HISTORY AND
POLICY.

SPEECH ON THE REPORT FROM THE COMMITTEE ON THE BILL OF RIGHTS,
IN THE CONVENTION TO REVISE AND AMEND THE CONSTITUTION OF
MASSACHUSETTS, JULY 25, 1853.

As Chairman of the Committee on the Bill of Rights, Mr. Sumner submitted a Report, on which, in Committee of the Whole, he spoke as follows.

Mr. Chairman,--As Chairman of the Committee on the Preamble and Bill of Rights, it is my duty to introduce and explain their Report. It will be perceived that it is brief, and proposes no important changes. But in justice to the distinguished gentlemen with whom I have the honor of being associated on that Committee, I deem it my duty to suggest that the extent of their labors must not be judged by this result. It appears from the proceedings of the Convention of 1820, that the Committee on the Bill of Rights at that time sat longer than any other Committee. I believe that the same Committee in the present Convention might claim the same preëminence. Their records show twenty different sessions.

At these sessions, the Preamble and the Bill of Rights, in its thirty different propositions, were passed in review and considered clause by clause; the various orders of the Convention, amounting to twelve in number, the petitions addressed to the Convention and referred to the Committee, as also informal propositions from members of the Convention and others were considered, some of them repeatedly and at length. On many questions there was a decided difference of opinion, and on a few the Committee was nearly equally divided. But after the best consideration we could bestow in our protracted series of meetings, it was found that the few simple propositions now on your table were all upon which a majority of the Committee could be brought to unite. As such I was directed to present them. Admonished by the lapse of time and the desire to close these proceedings, I might be content with this simple statement.

But, notwithstanding the urgency of our business, I cannot allow the opportunity to pass--indeed, I should not do my duty--without attempting for a brief moment to show the origin and character of this part of our Constitution. In this way we may learn its weight and authority, and appreciate the difficulty and delicacy of any change in its substance or even its form. I will try not to abuse your patience.

* * * * *

The Preamble and Bill of Rights, like the rest of our Constitution, were from the pen of John Adams,--among whose published works the whole document, in its original draught, may be found. At the time when he rendered this important service to his native Commonwealth and to the principles of free institutions everywhere, he was forty-four years of age. He was also quite prepared. The natural maturity of his powers had been enriched by the well-ripened fruit of assiduous study and of active life, both of which concurred in him. The examples of Greece and Rome and the writings of Sidney and Locke were especially familiar to his mind. The Common Law he had made his own, and mastered well its whole arsenal of Freedom. For a long time the vigorous and unfailing partisan of the liberal cause in Boston, throughout its many conflicts,--then in Congress, whither he was transferred, the irresistible champion of Independence,--and then the republican representative of the United, but still struggling, Colonies at the Court of France,--in the brief interval between two foreign missions, only seven days after landing from his long ocean voyage, he was chosen a delegate to the Constitutional Convention, and at once brought all his varied experience, rare political culture, and eminent powers to the task of adjusting the framework of government for Massachusetts. As his work, it all claims our regard; and no part bears the imprint of his mind so much as the Preamble and Bill of Rights; nor is any other part authenticated as coming so exclusively from him.

At the time of its first adoption the Massachusetts Bill of Rights was more ample in provisions and more complete in form than any similar declaration in English or Colonial history. Glancing at its predecessors, we learn something of its sources. First came, long back in the thirteenth century, Magna Charta, with generous safeguards of Freedom, wrung from King John by the Barons at Runnymede. From time to time these liberties were confirmed, and, after an interval of centuries, they were again ratified, near the beginning of the unhappy reign of Charles the First, by a Parliamentary Declaration, to which the monarch assented, known as the Petition of Right, which, in its very title, reveals the humility with which the rights of the people were then maintained. Finally, in a different tone and language, at the Revolution of 1688, when James the Second was driven from his dominions, a "Declaration of the true, ancient, and indubitable rights and liberties of the people of the kingdom," familiarly known as the Bill of Rights, was delivered by the Convention Parliament to the new sovereigns, William and Mary, and embodied in the Act of Settlement, by virtue of which they sat on the throne. These, Sir, are English examples.

Their influence was not confined to England. It crossed the ocean. From the beginning the Colonists were tenacious of the rights and liberties of Englishmen, and at various times and in various forms declared them. Connecticut, as early as 1639, Virginia in 1624 and 1776, Pennsylvania in 1682, New York in 1691,--and I might mention others still,--put forth Declarations, brief and meagre, but kindred to those of the mother country. In the Colony of New Plymouth, the essential principles of Magna Charta were proclaimed in 1636, under the name of "The General Fundamentals"; and in 1641 the inhabitants of Massachusetts Bay announced, in words worthy of careful study, that "the free fruition of such Liberties, Immunities, and Privileges, as Humanity, Civility, and Christianity call for, as due to every man in his place and proportion, without impeachment and infringement, hath ever been and ever will be the tranquillity and stability of Churches and Commonwealths, and the denial or deprival thereof the disturbance, if not the ruin, of both."[28] Such was the Preamble to the "Body of Liberties" of the Massachusetts Colony in 1641. It would be difficult to find any text more comprehensive than these remarkable words,--the object being "Liberties, Immunities, and Privileges," to such extent "as Humanity, Civility, and Christianity call for"; and this Declaration, broader than Magna Charta, became the inspiration of Massachusetts, if not of the Nation. Nor does Massachusetts stand alone in this honor. Connecticut is by her side.[29]

[28] Preamble to the Body of Liberties of the Massachusetts Colony,
1641: Coll. Mass. Hist. Soc., 3d Ser. Vol. VIII. p. 216. See also
General Laws and Liberties of the Massachusetts Colony, revised and
reprinted by Order of the General Court, 1672, p. 1.

[29] The Preamble in combination with the first Article of the
Massachusetts Body of Liberties was adopted as the Preamble to
the Connecticut Code of 1650. See Public Records of the Colony of
Connecticut, edited by J. H. Trumbull, (Hartford, 1850,) p. 509;
and compare with Coll. Mass. Hist. Soc., _ut supra_.

I should not do justice to this "Body of Liberties," if I did not call attention to at least four different declarations. There is, first, the clause: "There shall never be any bond slavery, villenage, or captivity amongst us, unless it be lawful captives taken in just wars, and such strangers as willingly sell themselves or are sold to us"; and although this provision falls short of that universal freedom which is our present aspiration, it is a plain limitation upon Slavery, and marks the hostility of the Colony. Another declaration sets an example of hospitality: "If any people of other nations, professing the true Christian religion, shall flee to us from the tyranny or oppression of their persecutors, or from famine, wars, or the like necessary and compulsory cause, they shall be entertained and succored amongst us according to that power and prudence God shall give us." And it is further declared: "Every person within this jurisdiction, whether inhabitant or foreigner, shall enjoy the same Justice and Law that is general for the Plantation, which we constitute and execute one towards another, without partiality or delay." Here is nothing less than Equality before the Law, without this compendious term. There is another declaration, which has the same exalted character: "Every man, whether inhabitant or foreigner, free or not free, shall have liberty to come to any public Court, Council, or Town Meeting, and either by speech or writing to move any lawful, seasonable, and material question, or to present any necessary motion, complaint, petition, bill, or information, whereof that meeting hath proper cognizance, so it be done in convenient time, due order, and respective manner." Such declarations as these belong to the history of Freedom.

In the animated discussions immediately preceding the Revolution, the rights and liberties of Englishmen were constantly asserted as the birthright of the Colonists. This was often by formal resolution or declaration, couched at first in moderate phrase. At the outrage of the Stamp Act, a Congress of delegates from nine Colonies, held at New York in October, 1765, put forth a series of resolutions embodying "_Declarations of our humble opinion_ respecting the most essential rights and liberties of the Colonists."[30] The humility of this language recalls the English Petition of Right under Charles the First. This was followed in 1774 by the Declaration of the Continental Congress, which, in another tone and with admirable force, in ten different propositions, arrays the rights which belong to "the inhabitants of the English Colonies in North America, by the immutable Laws of Nature, the Principles of the English Constitution, and the several Charters or Compacts."[31]

[30] Proceedings of the Congress at New York, p. 5. Hutchinson's
History of Massachusetts, Vol. III., Appendix, p. 479.

[31] Journals of Congress, October 14, 1774, Vol. I. p. 28.

"Time's noblest offspring is the last";

and the whole Colonial series is aptly closed by the Declaration of Independence, announcing not merely the rights of Englishmen, but the rights of men.

Only a few brief weeks before the Declaration of Independence, Virginia, taking the lead of her sister Colonies, established a Constitution, to which was prefixed an elaborate Declaration of Rights. This remarkable document, which became the immediate precedent for the whole country, marks an epoch in political history. Massachusetts and Connecticut had already led the way in that early and most comprehensive Preamble, which has been too little noticed; but in all English Declarations of Rights, and generally even in those of the Colonies, stress was laid upon the liberties and privileges of Englishmen. The rights claimed even by the Continental Congress of 1774, in their masculine Declaration, were the rights of "free and natural-born subjects within the realm of England." But the Virginia Bill of Rights, standing at the front of its first Constitution, discarded all narrow title from mere English precedent, planted itself on the eternal law of God, above every human ordinance, and openly proclaimed that "all men are by nature equally free and independent,"--a declaration which is repeated, though in other language, by the Massachusetts Declaration of Rights.

* * * * *

The policy of Bills of Rights is sometimes called in question. It has been said that they were originally privileges or concessions extorted from the king, and, though expedient in a monarchy, are of little value in a republic. As late as 1821, in the Convention for revising the Constitution of New York, doubts of their utility were openly expressed by Mr. Van Buren. But they are now above question. State after State, ending with California, follows the example of Virginia and Massachusetts, and places its Bill of Rights in the front of its Constitution. Nor can I doubt that much good is done by this frank assertion of fundamental principles. The public mind is instructed, people learn to know their rights, liberal institutions are confirmed, and the Constitution is made stable in the hearts of the community. Bills of Rights are lessons of political wisdom and anchors of liberty. They are the constant index, and also scourge, of injustice and wrong. In Massachusetts, Slavery itself disappeared before the declaration that "all men are born free and equal," interpreted by a liberty-loving Court.[32]

[32] See, on this subject, a paper entitled "The Extinction of
Slavery in Massachusetts," by Emory Washburn: Coll. Mass. Hist.
Soc., 4th Ser. Vol. IV. pp. 333-346.

* * * * *

In the Convention of 1780 the Bill of Rights formed a prominent subject of interest. The necessity of such a safeguard had been pressed upon the people, and its absence from the Constitution of 1778 was unquestionably a reason for the rejection of that ill-fated effort. Indeed, the Constitution was openly opposed because it had no Bill of Rights. In the array of objections at the period was the following, which I take from an important contemporaneous publication: "That a Bill of Rights, clearly ascertaining and defining the rights of conscience and that security of person and property which every member in the State hath a right to expect from the supreme power thereof, ought to be settled and established previous to the ratification of any Constitution for the State."[33] Accordingly, at the earliest moment after the organization of the Convention, a motion was made, "that there be a Declaration of Rights prepared previous to the framing a new Constitution of Government," which after adoption gave way to another, "that the Convention _will prepare_ a Declaration of Rights," and this motion prevailed by a nearly unanimous vote,--the whole number present, as returned by the monitors, being two hundred and fifty-one, of whom two hundred and fifty voted in the affirmative.[34] Thus emphatically did the early fathers of Massachusetts manifest their watchfulness for the rights of the people; and there is good reason to believe, also, that among the motives which stimulated it was a determination in this way to abolish Slavery.[35] The Convention then resolved to "proceed to the framing a new Constitution of Government." A grand Committee of thirty was chosen to perform these two important duties; and this Committee, after extended discussion, intrusted to John Adams alone the preparation of a Declaration of Rights, and to a Sub-Committee, consisting of James Bowdoin, Samuel Adams, and John Adams, the duty of preparing the Form of a Constitution, which Sub-Committee again delegated the task to John Adams: so that to the pen of this illustrious citizen we are indebted primarily both for the Declaration of Rights and the Form of the Constitution.[36]

[33] Essex Result, p. 4.

[34] Journal of the Convention, pp. 22, 23.

[35] This was the testimony of the late Rev. Charles Lowell, who
had received it from his father, Hon. John Lowell, a member of
the Convention, in whose family was a tradition that the latter
obtained the insertion of the words "all men are born free and
equal," for this declared purpose. See, _ut supra_, Coll. Mass.
Hist. Soc., 4th Ser. Vol. IV. p. 340.

[36] Observations on the Reconstruction of Government in
Massachusetts during the Revolution: Works of John Adams, Vol. IV.
pp. 215, 216.

It is not difficult to trace most, if not all, of the ideas and provisions of our Preamble and Declaration of Rights to their primitive sources. The Preamble, where the body politic is founded on the fiction of the Social Compact, was doubtless inspired by the writings of Sidney and Locke, and by the English discussions at the period of the Revolution of 1688, when this questionable theory did good service in response to the assumptions of Filmer, and as a shield against arbitrary power. Of different provisions in the Bill of Rights, some are in the very words of Magna Charta,--others are derived from the ancient Common Law, the Petition of Right, and the Bill of Rights of 1688,--while, of the thirty Articles composing it, no less than nineteen,[37] either wholly or in part, may be found substantially in the Virginia Bill of Rights: but these again are in great part derived from the earlier fountains.

[37] Namely, Articles 1, 2, 4-10, 12-18, 20, 26, 30. The Virginia
Bill of Rights consists of sixteen Articles, three of which (the
5th, 6th, and 8th) are divided in the Massachusetts Declaration,
constituting respectively the substance of Articles 30 and 8, 9 and
10, 12 and 13.

* * * * *

And now, Sir, you have before you for revision and amendment this early work of our fathers. I do not stop to consider its peculiar merits. With satisfaction I might point to special safeguards by which our rights have been protected against usurpation, whether executive, legislative, or judicial. With pride I might dwell on those words which banished Slavery from our soil, and rendered the Declaration of Independence here with us a living letter. But the hour does not require or admit any such service. You have a practical duty, which I seek to promote; and I now take leave of the whole subject, with the simple remark, that a document proceeding from such a pen, drawn from such sources, with such an origin in all respects, speaking so early for Human Rights, and now for more than threescore years and ten a household word to the people of Massachusetts, should be touched by the Convention only with exceeding care.

FINGER-POINT FROM PLYMOUTH ROCK.

SPEECH AT THE PLYMOUTH FESTIVAL IN COMMEMORATION OF THE EMBARKATION
OF THE PILGRIMS, AUGUST 1, 1853.

The President, Richard Warren, Esq., said they had already been delighted with the words of a distinguished member of the Senate of the United States [Mr. EVERETT.] They were favored with the presence of another; and he would give as a sentiment:--

_The Senate of the United States_,--The concentrated light of the
stars of the Union.

In his reply, Mr. Sumner attempted to obtain a hearing for the Antislavery cause and the Party of Freedom. In picturing the English Puritans he had in mind our Antislavery Puritans, who, like their prototypes, were at first "Separatists," and then "Independents." The abuse showered on each was the same. Though nothing is said directly on present affairs, they were clearly discerned behind the Puritan veil. Such was the sensibility in certain quarters, that it was objected to as out of place. Others were pleased with its fidelity. Among the latter was the poet John G. Whittier, who wrote at the time: "Its tone and bearing are unmistakable, and yet unobjectionable.... When I read the toast which called thee up, I confess I could see very little appropriateness in it; in fact, it seemed to me a very unpromising text, and I almost feared to read the sermon. I enjoyed it all the better for my misgivings."

Mr. President,--You bid me speak for the Senate of the United States. But I know well that there is another voice here, of classical eloquence, which might more fitly render this service. As one of the humblest members of that body, and associated with the public councils for a brief period only, I should prefer that my distinguished colleague [Mr. EVERETT], whose fame is linked with a long political life, should speak for it. And there is yet another here [Mr. HALE], who, though not at this moment a member of the Senate, has, throughout an active and brilliant career, marked by a rare combination of ability, eloquence, and good-humor, so identified himself with the Senate in the public mind that he might well speak for it always, and when he speaks, all are pleased to listen. But, Sir, you have ordered it otherwise.

From the tears and trials at Delft Haven, from the deck of the Mayflower, from the landing on Plymouth Rock, to the Senate of the United States is a mighty contrast, covering whole spaces of history, hardly less than from the wolf that suckled Romulus and Remus to that Roman Senate which on curule chairs swayed Italy and the world. From these obscure beginnings of poverty and weakness, which you now piously commemorate, and on which all our minds naturally rest to-day, you bid us leap to that marble Capitol, where thirty-one powerful republics, bound in common fellowship and welfare, are gathered together in legislative body, constituting One Government, which, stretching from ocean to ocean, and counting millions of people beneath its majestic rule, surpasses far in wealth and might any government of the Old World when the little band of Pilgrims left it, and now promises to be a clasp between Europe and Asia, bringing the most distant places near together, so that there shall be no more Orient or Occident. It were interesting to dwell on the stages of this grand procession; but it is enough, on this occasion, merely to glance at them and pass on.

Sir, it is the Pilgrims that we commemorate to-day, not the Senate. For this moment, at least, let us tread under foot all pride of empire, all exultation in our manifold triumphs of industry, science, literature, with all the crowding anticipations of the vast untold Future, that we may reverently bow before the Forefathers. The day is theirs. In the contemplation of their virtue we derive a lesson which, like truth, may judge us sternly, but, if we can really follow it, like truth, shall make us free. For myself, I accept the admonition of the day. It may teach us all, though few in numbers or alone, never, by word or act, to swerve from those primal principles of duty, which, from the landing on Plymouth Rock, have been the life of Massachusetts. Let me briefly unfold the lesson,--though to the discerning soul it unfolds itself.

Few persons in history have suffered more from contemporary misrepresentation, abuse, and persecution, than the English Puritans. At first a small body, they were regarded with indifference and contempt. But by degrees they grew in numbers, and drew into their company education, intelligence, and even rank. Reformers in all ages have had little of blessing from the world they sought to serve. But the Puritans were not disheartened. Still they persevered. The obnoxious laws of conformity they vowed to withstand, till, in the fervid language of the time, "they be sent back to the darkness from whence they came." Through them the spirit of modern Freedom made itself potently felt, in great warfare with Authority, in Church, in Literature, and in State,--in other words, for religious, intellectual, and political emancipation. The Puritans primarily aimed at religious freedom: for this they contended in Parliament, under Elizabeth and James; for this they suffered: but, so connected are all these great and glorious interests, that the struggles for one have always helped the others. Such service did they do, that Hume, whose cold nature sympathized little with their burning souls, is obliged to confess that "the precious spark of Liberty had been kindled and was preserved by the Puritans alone," and he adds, that "to this sect the English owe the whole freedom of their Constitution."

As among all reformers, so among them were differences of degree. Some continued within the pale of the National Church, and there pressed their ineffectual attempts in behalf of the good cause. Some at length, driven by conscientious convictions, and unwilling to be partakers longer in its enormities, stung also by cruel excesses of magisterial power, openly disclaimed the National Establishment, and became a separate sect, first under the name of Brownists, from the person who led in this new organization, and then under the better name of Separatists. I like this word, Sir. It has a meaning.[38] After long struggles in Parliament and out of it, in Church and State, prolonged through successive reigns, the Puritans finally triumphed, and the despised sect of Separatists, swollen in numbers, and now under the denomination of Independents,[39] with Oliver Cromwell at their head and John Milton as his Secretary, ruled England. Thus is prefigured the final triumph of all, however few in numbers, who sincerely devote themselves to Truth.

The Pilgrims of Plymouth were among the earliest of the Separatists. As such, they knew by bitter experience all the sharpness of persecution. Against them the men in power raged like the heathen. Against them the whole fury of the law was directed. Some were imprisoned, all were impoverished, while their name became a by-word of reproach. For safety and freedom the little band first sought shelter in Holland, where they continued in obscurity and indigence for more than ten years, when they were inspired to seek a home in this unknown Western world. Such, in brief, is their history. I could not say more of it without intruding upon your time; I could not say less without injustice to them.

[38] Our Abolitionists and Free-Soilers were Separatists.

[39] Like the Republican party.--whose triumph is here foreshadowed.

Rarely have austere principles been expressed with more gentleness than from their lips. By a covenant with the Lord, they had vowed to walk in all his ways, according to their best endeavors, _whatsoever it should cost them_,--and also to receive whatsoever truth should be made known from the written word of God. Repentance and prayers, patience and tears, were their weapons. "It is not with us," said they, "as with other men, whom small things can discourage or small discontentments cause to wish themselves at home again." And then again, on another occasion, their souls were lifted to utterance like this: "When we are in our graves, it will be all one, whether we have lived in plenty or penury, whether we have died in a bed of down or on locks of straw." Self-sacrifice is never in vain, and with the clearness of prophecy they foresaw that out of their trials should come a transcendent Future. "As one small candle," said an early Pilgrim Governor, "may light a thousand, so the light kindled here may in some sort shine even to the whole nation." And these utterances were crowned by the testimony of the English governor and historian, whose sympathy for them was as little as that of Hume for the Puritans, confessing it doubtful "whether Britain would have had any colonies in America at this day, if religion had not been the grand inducement,"--thus honoring our Pilgrims.

And yet these men, with such sublime endurance, lofty faith, and admirable achievement, are among those sometimes called "Puritan knaves" and "knaves-Puritans," and openly branded by King James as "very pests in the Church and Commonwealth." The small company of our forefathers became jest and gibe of fashion and power. The phrase "men of one idea" was not invented then; but, in equivalent language, they were styled "the pinched fanatics of Leyden." A contemporary poet and favorite of Charles the First, Thomas Carew, lent his genius to their defamation. A masque, from his elegant and careful pen, was performed by the monarch and his courtiers, turning the whole plantation of New England to royal sport. The jeer broke forth in the exclamation, that it had "purged more virulent humors from the politic body than guaiacum and all the West Indian drugs have from the natural bodies of this kingdom."[40]

And these outcasts, despised in their own day by the proud and great, are the men whom we have met in this goodly number to celebrate,--not for any victory of war,--not for any triumph of discovery, science, learning, or eloquence,--not for worldly success of any kind. How poor are all these things by the side of that divine virtue which, amidst the reproach, the obloquy, and the hardness of the world, made them hold fast to Freedom and Truth! Sir, if the honors of this day are not a mockery, if they do not expend themselves in mere self-gratulation, if they are a sincere homage to the character of the Pilgrims,--and I cannot suppose otherwise,--then is it well for us to be here. Standing on Plymouth Rock, at their great anniversary, we cannot fail to be elevated by their example. We see clearly what it has done for the world, and what it has done for their fame. No pusillanimous soul here to-day will declare their self-sacrifice, their deviation from received opinions, their unquenchable thirst for liberty, an error or illusion. From gushing multitudinous hearts we now thank these lowly men that they dared to be true and brave. Conformity or compromise might, perhaps, have purchased for them a profitable peace, but not peace of mind; it might have secured place and power, but not repose; it might have opened present shelter, but not a home in history and in men's hearts till time shall be no more. All must confess the true grandeur of their example, while, in vindication of a cherished principle, they stood alone, against the madness of men, against the law of the land, against their king. Better the despised Pilgrim, a fugitive for freedom, than the halting politician, forgetful of principle, "with a Senate at his heels."

[40] This masque, entitled _Coelum Britannicum_, was performed
at Whitehall, February 18, 1633.

Such, Sir, is the voice from Plymouth Rock, as it salutes my ears. Others may not hear it; but to me it comes in tones which I cannot mistake. I catch its words of noble cheer:--

"New occasions teach new duties; Time makes ancient good uncouth;
They must upward still and onward who would keep abreast of Truth:
Lo, before us gleam her camp-fires! we ourselves must Pilgrims be,
Launch our Mayflower, and steer boldly through the desperate winter
sea."

IRELAND AND IRISHMEN.

LETTER TO A COMMITTEE OF IRISH-BORN CITIZENS, AUGUST 2, 1853.

BOSTON, August 2, 1853.

Gentlemen,--It is not in my power to be with you on the evening of
the celebration at Faneuil Hall, but, I pray you, do not consider
me insensible to the honor of your invitation.

Permit me to say that no country excites a generous sympathy more
than Ireland; nor is any society more genial and winning than that
of Irishmen.

Believe me, Gentlemen, faithfully yours,

CHARLES SUMNER.

THE LANDMARK OF FREEDOM:

NO REPEAL OF THE MISSOURI COMPROMISE.

SPEECH IN THE SENATE, AGAINST THE REPEAL OF THE MISSOURI
PROHIBITION OF SLAVERY NORTH OF 36° 30´ IN THE NEBRASKA AND KANSAS
BILL, FEBRUARY 21, 1854.

Cursed be he that removeth his neighbor's landmark. _And all the people shall say, Amen._--DEUTERONOMY, xxvii. 17.

"The Nebraska Debate," as it was called at the time, was one of the most remarkable in our history. It grew out of the proposition to overturn the famous Missouri Compromise, so as to admit Slavery into the vast territory west of the Mississippi, where it had been prohibited by that Compromise. The country was startled by the outrage. Many who had tried to reconcile themselves to the Fugitive Slave Bill, as required by the Constitution, were maddened by this most audacious attempt. Even assuming that the Fugitive Slave Bill was in any sense justifiable, there was nothing to justify this flagrant violation of plighted faith, where Slavery was the inexorable robber. Here began those heats which afterwards showed themselves in blood. Never was the action of Congress watched with more anxiety. Speeches were read as never before, especially those opposed to this new aggression. That of Mr. Sumner was extensively circulated in various editions, and he received numerous letters expressing sympathy and gratitude. The tone of these illustrates the reception of the speech. The late Rufus W. Griswold, so well known in contemporary literature, wrote from New York on the day after its delivery: "The admirable speech which you delivered in the Senate yesterday will bring you a wearying quantity of approving letters; but, though aware of this, I cannot refrain from assuring you of my own admiration of it and gratitude for it, nor from telling you that all through the city it appears to be the subject of applauding conversation.... I congratulate you on having made a speech so worthy of an American Senator, and calculated to be so serviceable to the cause of Liberty." Frederick Douglass, who watched the contest from a distance with the interest of a former slave, wrote: "All the friends of Freedom in every State and of every color may claim you just now as their representative. As one of your sable constituents, I desire to thank you for your noble speech for Freedom and for your country, which I have now read twice over." An original Abolitionist wrote: "Let me thank you from my heart of hearts for your noble speech. It is everything that we could wish,--bold, free, and true. God will surely bless you!" The feeling of the hour appeared also in the following from John G. Whittier: "I am unused to flatter any one, least of all one whom I love and honor; but I must say, in all sincerity, that there is no orator or statesman living in this country or in Europe whose fame is so great as not to derive additional lustre from such a speech. It will live the full life of American history." Professor C. S. Henry, of the New York University, wrote: "I thank you for your noble speech on the Nebraska Bill. In every quality of nobleness transcendently noble. Unsurpassed in tone and temper,--unrivalled in impregnable soundness and judicious statement of positions, in clearness and logical force of historical recital, in conclusiveness of reasoning, in beautiful fitness of style, and in the true eloquence of a justice-loving soul." Among the curiosities of praise, considering the political position of the writer, was a letter from Pierre Soulé, our minister at Madrid, and formerly Senator from Louisiana, containing the following passage: "Que je profite de cette occasion pour vous dire combien j'ai été heureux du succès, et pour mieux dire, du triomphe éclatant que vous avez obtenu à l'occasion de votre discours sur le _Nebraska Bill_. Courage! _Sic itur ad astra._ Mais que dis-je? Vous y êtes déjà, et habile qui réussirait vous en déloger." These are examples only; but they help to exhibit the condition of the public mind. The North was aroused, and felt as never before towards those who spoke in its behalf.

* * * * *

The origin of the debate will appear from a statement of facts.

On the 14th of December, 1853, Mr. Dodge, of Iowa, asked and obtained leave to introduce a bill to organize the Territory of Nebraska, which was read a first and second time by unanimous consent and referred to the Committee on Territories. This was a simple Territorial Bill, in the common form, containing no allusion to Slavery, and not in any way undertaking to touch the existing Prohibition of Slavery in this Territory.

On the 4th of January, 1854, Mr. Douglas, of Illinois, as Chairman of the Committee on Territories, reported this bill back to the Senate with various amendments, accompanied by a special report. By this bill only a single Territory was constituted, under the name of Nebraska; the existing Prohibition of Slavery was not directly overthrown, but it was declared that the States formed out of this Territory should be admitted into the Union "with or without Slavery," as they should desire.

On the 16th of January, Mr. Dixon, of Kentucky, in order to accomplish directly what the bill did only indirectly, gave notice of an amendment, to the effect that the existing Prohibition of Slavery "shall not be so construed as to apply to the Territory contemplated by this Act, or to any other Territory of the United States; but that the citizens of the several States or Territories shall be at liberty to take and hold their slaves within any of the Territories of the United States, or of the States to be formed therefrom."

On the next day, January 17, Mr. Sumner, in order to preserve the existing Prohibition, gave notice of the following amendment.

"_Provided_, That nothing herein contained shall be construed
to abrogate or in any way contravene the Act of March 6, 1820,
entitled 'An Act to authorize the people of Missouri Territory to
form a Constitution and State Government, and for the admission of
such State into the Union on an equal footing with the original
States, and to prohibit Slavery in certain Territories'; wherein it
is expressly enacted, 'that in that territory ceded by France to
the United States, under the name of Louisiana, which lies north of
thirty-six degrees and thirty minutes north latitude, not included
within the limits of the State contemplated by this Act, slavery
and involuntary servitude, otherwise than in the punishment of
crimes, whereof the parties shall have been duly convicted, shall
be, and is hereby, forever prohibited.'"

It is worthy of remark, that at this stage the proposition of Mr. Dixon, and also that of Mr. Sumner, were equally condemned by the _Washington Union_, the official organ of the Administration. It had not then been determined to sustain the repeal.

On the 23d of January, Mr. Douglas, from the Committee on Territories, submitted a new bill, as a substitute for that already reported. Here was a sudden change, by which the Territory was divided into two, Nebraska and Kansas, and the Prohibition of Slavery was directly overthrown. According to his language at the time, there were "incorporated into it one or two other amendments, which make the provisions of the bill upon other and more delicate questions more clear and specific, so as to avoid all conflict of opinion." It was formally enunciated in the bill, that the Prohibition of Slavery "was superseded by the principles of the legislation of 1850, commonly called the Compromise Measures, and is hereby declared inoperative." This of course superseded the proposed amendment of Mr. Dixon, who subsequently declared his entire assent to the bill in its new form. It also presented the issue directly raised in Mr. Sumner's proposed amendment.

On the next day, January 24th, when the amended bill had just been laid upon the tables of Senators, and without allowing the necessary time even for its perusal, Mr. Douglas pressed its consideration upon the Senate. After some debate it was postponed until the 30th of January, and made the special order from day to day until disposed of.

Meanwhile an appeal to the country was put forth by a few Senators and Representatives in Congress, calling themselves Independent Democrats. The only Senators who signed this appeal were Mr. Chase and Mr. Sumner. It was entitled, "Shall Slavery be permitted in Nebraska?" and proceeded in strong language to expose the violation of plighted faith and the wickedness about to be perpetrated. This document was extensively circulated, and did much to awaken the public.