Saturday, August 1, 2009

Washington's Farewell Address

Friends and Citizens:

The period for a new election of a citizen to administer the executive government of the United States being not far distant, and the time actually arrived when your thoughts must be employed in designating the person who is to be clothed with that important trust, it appears to me proper, especially as it may conduce to a more distinct expression of the public voice, that I should now apprise you of the resolution I have formed, to decline being considered among the number of those out of whom a choice is to be made.

I beg you, at the same time, to do me the justice to be assured that this resolution has not been taken without a strict regard to all the considerations appertaining to the relation which binds a dutiful citizen to his country; and that in withdrawing the tender of service, which silence in my situation might imply, I am influenced by no diminution of zeal for your future interest, no deficiency of grateful respect for your past kindness, but am supported by a full conviction that the step is compatible with both.

The acceptance of, and continuance hitherto in, the office to which your suffrages have twice called me have been a uniform sacrifice of inclination to the opinion of duty and to a deference for what appeared to be your desire. I constantly hoped that it would have been much earlier in my power, consistently with motives which I was not at liberty to disregard, to return to that retirement from which I had been reluctantly drawn. The strength of my inclination to do this, previous to the last election, had even led to the preparation of an address to declare it to you; but mature reflection on the then perplexed and critical posture of our affairs with foreign nations, and the unanimous advice of persons entitled to my confidence, impelled me to abandon the idea.

I rejoice that the state of your concerns, external as well as internal, no longer renders the pursuit of inclination incompatible with the sentiment of duty or propriety, and am persuaded, whatever partiality may be retained for my services, that, in the present circumstances of our country, you will not disapprove my determination to retire.

The impressions with which I first undertook the arduous trust were explained on the proper occasion. In the discharge of this trust, I will only say that I have, with good intentions, contributed towards the organization and administration of the government the best exertions of which a very fallible judgment was capable. Not unconscious in the outset of the inferiority of my qualifications, experience in my own eyes, perhaps still more in the eyes of others, has strengthened the motives to diffidence of myself; and every day the increasing weight of years admonishes me more and more that the shade of retirement is as necessary to me as it will be welcome. Satisfied that if any circumstances have given peculiar value to my services, they were temporary, I have the consolation to believe that, while choice and prudence invite me to quit the political scene, patriotism does not forbid it.

In looking forward to the moment which is intended to terminate the career of my public life, my feelings do not permit me to suspend the deep acknowledgment of that debt of gratitude which I owe to my beloved country for the many honors it has conferred upon me; still more for the steadfast confidence with which it has supported me; and for the opportunities I have thence enjoyed of manifesting my inviolable attachment, by services faithful and persevering, though in usefulness unequal to my zeal. If benefits have resulted to our country from these services, let it always be remembered to your praise, and as an instructive example in our annals, that under circumstances in which the passions, agitated in every direction, were liable to mislead, amidst appearances sometimes dubious, vicissitudes of fortune often discouraging, in situations in which not unfrequently want of success has countenanced the spirit of criticism, the constancy of your support was the essential prop of the efforts, and a guarantee of the plans by which they were effected. Profoundly penetrated with this idea, I shall carry it with me to my grave, as a strong incitement to unceasing vows that heaven may continue to you the choicest tokens of its beneficence; that your union and brotherly affection may be perpetual; that the free Constitution, which is the work of your hands, may be sacredly maintained; that its administration in every department may be stamped with wisdom and virtue; that, in fine, the happiness of the people of these States, under the auspices of liberty, may be made complete by so careful a preservation and so prudent a use of this blessing as will acquire to them the glory of recommending it to the applause, the affection, and adoption of every nation which is yet a stranger to it.

Here, perhaps, I ought to stop. But a solicitude for your welfare, which cannot end but with my life, and the apprehension of danger, natural to that solicitude, urge me, on an occasion like the present, to offer to your solemn contemplation, and to recommend to your frequent review, some sentiments which are the result of much reflection, of no inconsiderable observation, and which appear to me all-important to the permanency of your felicity as a people. These will be offered to you with the more freedom, as you can only see in them the disinterested warnings of a parting friend, who can possibly have no personal motive to bias his counsel. Nor can I forget, as an encouragement to it, your indulgent reception of my sentiments on a former and not dissimilar occasion.

Interwoven as is the love of liberty with every ligament of your hearts, no recommendation of mine is necessary to fortify or confirm the attachment.

The unity of government which constitutes you one people is also now dear to you. It is justly so, for it is a main pillar in the edifice of your real independence, the support of your tranquility at home, your peace abroad; of your safety; of your prosperity; of that very liberty which you so highly prize. But as it is easy to foresee that, from different causes and from different quarters, much pains will be taken, many artifices employed to weaken in your minds the conviction of this truth; as this is the point in your political fortress against which the batteries of internal and external enemies will be most constantly and actively (though often covertly and insidiously) directed, it is of infinite moment that you should properly estimate the immense value of your national union to your collective and individual happiness; that you should cherish a cordial, habitual, and immovable attachment to it; accustoming yourselves to think and speak of it as of the palladium of your political safety and prosperity; watching for its preservation with jealous anxiety; discountenancing whatever may suggest even a suspicion that it can in any event be abandoned; and indignantly frowning upon the first dawning of every attempt to alienate any portion of our country from the rest, or to enfeeble the sacred ties which now link together the various parts.

For this you have every inducement of sympathy and interest. Citizens, by birth or choice, of a common country, that country has a right to concentrate your affections. The name of American, which belongs to you in your national capacity, must always exalt the just pride of patriotism more than any appellation derived from local discriminations. With slight shades of difference, you have the same religion, manners, habits, and political principles. You have in a common cause fought and triumphed together; the independence and liberty you possess are the work of joint counsels, and joint efforts of common dangers, sufferings, and successes.

But these considerations, however powerfully they address themselves to your sensibility, are greatly outweighed by those which apply more immediately to your interest. Here every portion of our country finds the most commanding motives for carefully guarding and preserving the union of the whole.

The North, in an unrestrained intercourse with the South, protected by the equal laws of a common government, finds in the productions of the latter great additional resources of maritime and commercial enterprise and precious materials of manufacturing industry. The South, in the same intercourse, benefiting by the agency of the North, sees its agriculture grow and its commerce expand. Turning partly into its own channels the seamen of the North, it finds its particular navigation invigorated; and, while it contributes, in different ways, to nourish and increase the general mass of the national navigation, it looks forward to the protection of a maritime strength, to which itself is unequally adapted. The East, in a like intercourse with the West, already finds, and in the progressive improvement of interior communications by land and water, will more and more find a valuable vent for the commodities which it brings from abroad, or manufactures at home. The West derives from the East supplies requisite to its growth and comfort, and, what is perhaps of still greater consequence, it must of necessity owe the secure enjoyment of indispensable outlets for its own productions to the weight, influence, and the future maritime strength of the Atlantic side of the Union, directed by an indissoluble community of interest as one nation. Any other tenure by which the West can hold this essential advantage, whether derived from its own separate strength, or from an apostate and unnatural connection with any foreign power, must be intrinsically precarious.

While, then, every part of our country thus feels an immediate and particular interest in union, all the parts combined cannot fail to find in the united mass of means and efforts greater strength, greater resource, proportionably greater security from external danger, a less frequent interruption of their peace by foreign nations; and, what is of inestimable value, they must derive from union an exemption from those broils and wars between themselves, which so frequently afflict neighboring countries not tied together by the same governments, which their own rival ships alone would be sufficient to produce, but which opposite foreign alliances, attachments, and intrigues would stimulate and embitter. Hence, likewise, they will avoid the necessity of those overgrown military establishments which, under any form of government, are inauspicious to liberty, and which are to be regarded as particularly hostile to republican liberty. In this sense it is that your union ought to be considered as a main prop of your liberty, and that the love of the one ought to endear to you the preservation of the other.

These considerations speak a persuasive language to every reflecting and virtuous mind, and exhibit the continuance of the Union as a primary object of patriotic desire. Is there a doubt whether a common government can embrace so large a sphere? Let experience solve it. To listen to mere speculation in such a case were criminal. We are authorized to hope that a proper organization of the whole with the auxiliary agency of governments for the respective subdivisions, will afford a happy issue to the experiment. It is well worth a fair and full experiment. With such powerful and obvious motives to union, affecting all parts of our country, while experience shall not have demonstrated its impracticability, there will always be reason to distrust the patriotism of those who in any quarter may endeavor to weaken its bands.

In contemplating the causes which may disturb our Union, it occurs as matter of serious concern that any ground should have been furnished for characterizing parties by geographical discriminations, Northern and Southern, Atlantic and Western; whence designing men may endeavor to excite a belief that there is a real difference of local interests and views. One of the expedients of party to acquire influence within particular districts is to misrepresent the opinions and aims of other districts. You cannot shield yourselves too much against the jealousies and heartburnings which spring from these misrepresentations; they tend to render alien to each other those who ought to be bound together by fraternal affection. The inhabitants of our Western country have lately had a useful lesson on this head; they have seen, in the negotiation by the Executive, and in the unanimous ratification by the Senate, of the treaty with Spain, and in the universal satisfaction at that event, throughout the United States, a decisive proof how unfounded were the suspicions propagated among them of a policy in the General Government and in the Atlantic States unfriendly to their interests in regard to the Mississippi; they have been witnesses to the formation of two treaties, that with Great Britain, and that with Spain, which secure to them everything they could desire, in respect to our foreign relations, towards confirming their prosperity. Will it not be their wisdom to rely for the preservation of these advantages on the Union by which they were procured ? Will they not henceforth be deaf to those advisers, if such there are, who would sever them from their brethren and connect them with aliens?

To the efficacy and permanency of your Union, a government for the whole is indispensable. No alliance, however strict, between the parts can be an adequate substitute; they must inevitably experience the infractions and interruptions which all alliances in all times have experienced. Sensible of this momentous truth, you have improved upon your first essay, by the adoption of a constitution of government better calculated than your former for an intimate union, and for the efficacious management of your common concerns. This government, the offspring of our own choice, uninfluenced and unawed, adopted upon full investigation and mature deliberation, completely free in its principles, in the distribution of its powers, uniting security with energy, and containing within itself a provision for its own amendment, has a just claim to your confidence and your support. Respect for its authority, compliance with its laws, acquiescence in its measures, are duties enjoined by the fundamental maxims of true liberty. The basis of our political systems is the right of the people to make and to alter their constitutions of government. But the Constitution which at any time exists, till changed by an explicit and authentic act of the whole people, is sacredly obligatory upon all. The very idea of the power and the right of the people to establish government presupposes the duty of every individual to obey the established government.

All obstructions to the execution of the laws, all combinations and associations, under whatever plausible character, with the real design to direct, control, counteract, or awe the regular deliberation and action of the constituted authorities, are destructive of this fundamental principle, and of fatal tendency. They serve to organize faction, to give it an artificial and extraordinary force; to put, in the place of the delegated will of the nation the will of a party, often a small but artful and enterprising minority of the community; and, according to the alternate triumphs of different parties, to make the public administration the mirror of the ill-concerted and incongruous projects of faction, rather than the organ of consistent and wholesome plans digested by common counsels and modified by mutual interests.

However combinations or associations of the above description may now and then answer popular ends, they are likely, in the course of time and things, to become potent engines, by which cunning, ambitious, and unprincipled men will be enabled to subvert the power of the people and to usurp for themselves the reins of government, destroying afterwards the very engines which have lifted them to unjust dominion.

Towards the preservation of your government, and the permanency of your present happy state, it is requisite, not only that you steadily discountenance irregular oppositions to its acknowledged authority, but also that you resist with care the spirit of innovation upon its principles, however specious the pretexts. One method of assault may be to effect, in the forms of the Constitution, alterations which will impair the energy of the system, and thus to undermine what cannot be directly overthrown. In all the changes to which you may be invited, remember that time and habit are at least as necessary to fix the true character of governments as of other human institutions; that experience is the surest standard by which to test the real tendency of the existing constitution of a country; that facility in changes, upon the credit of mere hypothesis and opinion, exposes to perpetual change, from the endless variety of hypothesis and opinion; and remember, especially, that for the efficient management of your common interests, in a country so extensive as ours, a government of as much vigor as is consistent with the perfect security of liberty is indispensable. Liberty itself will find in such a government, with powers properly distributed and adjusted, its surest guardian. It is, indeed, little else than a name, where the government is too feeble to withstand the enterprises of faction, to confine each member of the society within the limits prescribed by the laws, and to maintain all in the secure and tranquil enjoyment of the rights of person and property.

I have already intimated to you the danger of parties in the State, with particular reference to the founding of them on geographical discriminations. Let me now take a more comprehensive view, and warn you in the most solemn manner against the baneful effects of the spirit of party generally.

This spirit, unfortunately, is inseparable from our nature, having its root in the strongest passions of the human mind. It exists under different shapes in all governments, more or less stifled, controlled, or repressed; but, in those of the popular form, it is seen in its greatest rankness, and is truly their worst enemy.

The alternate domination of one faction over another, sharpened by the spirit of revenge, natural to party dissension, which in different ages and countries has perpetrated the most horrid enormities, is itself a frightful despotism. But this leads at length to a more formal and permanent despotism. The disorders and miseries which result gradually incline the minds of men to seek security and repose in the absolute power of an individual; and sooner or later the chief of some prevailing faction, more able or more fortunate than his competitors, turns this disposition to the purposes of his own elevation, on the ruins of public liberty.

Without looking forward to an extremity of this kind (which nevertheless ought not to be entirely out of sight), the common and continual mischiefs of the spirit of party are sufficient to make it the interest and duty of a wise people to discourage and restrain it.

It serves always to distract the public councils and enfeeble the public administration. It agitates the community with ill-founded jealousies and false alarms, kindles the animosity of one part against another, foments occasionally riot and insurrection. It opens the door to foreign influence and corruption, which finds a facilitated access to the government itself through the channels of party passions. Thus the policy and the will of one country are subjected to the policy and will of another.

There is an opinion that parties in free countries are useful checks upon the administration of the government and serve to keep alive the spirit of liberty. This within certain limits is probably true; and in governments of a monarchical cast, patriotism may look with indulgence, if not with favor, upon the spirit of party. But in those of the popular character, in governments purely elective, it is a spirit not to be encouraged. From their natural tendency, it is certain there will always be enough of that spirit for every salutary purpose. And there being constant danger of excess, the effort ought to be by force of public opinion, to mitigate and assuage it. A fire not to be quenched, it demands a uniform vigilance to prevent its bursting into a flame, lest, instead of warming, it should consume.

It is important, likewise, that the habits of thinking in a free country should inspire caution in those entrusted with its administration, to confine themselves within their respective constitutional spheres, avoiding in the exercise of the powers of one department to encroach upon another. The spirit of encroachment tends to consolidate the powers of all the departments in one, and thus to create, whatever the form of government, a real despotism. A just estimate of that love of power, and proneness to abuse it, which predominates in the human heart, is sufficient to satisfy us of the truth of this position. The necessity of reciprocal checks in the exercise of political power, by dividing and distributing it into different depositaries, and constituting each the guardian of the public weal against invasions by the others, has been evinced by experiments ancient and modern; some of them in our country and under our own eyes. To preserve them must be as necessary as to institute them. If, in the opinion of the people, the distribution or modification of the constitutional powers be in any particular wrong, let it be corrected by an amendment in the way which the Constitution designates. But let there be no change by usurpation; for though this, in one instance, may be the instrument of good, it is the customary weapon by which free governments are destroyed. The precedent must always greatly overbalance in permanent evil any partial or transient benefit, which the use can at any time yield.

Of all the dispositions and habits which lead to political prosperity, religion and morality are indispensable supports. In vain would that man claim the tribute of patriotism, who should labor to subvert these great pillars of human happiness, these firmest props of the duties of men and citizens. The mere politician, equally with the pious man, ought to respect and to cherish them. A volume could not trace all their connections with private and public felicity. Let it simply be asked: Where is the security for property, for reputation, for life, if the sense of religious obligation desert the oaths which are the instruments of investigation in courts of justice ? And let us with caution indulge the supposition that morality can be maintained without religion. Whatever may be conceded to the influence of refined education on minds of peculiar structure, reason and experience both forbid us to expect that national morality can prevail in exclusion of religious principle.

It is substantially true that virtue or morality is a necessary spring of popular government. The rule, indeed, extends with more or less force to every species of free government. Who that is a sincere friend to it can look with indifference upon attempts to shake the foundation of the fabric?

Promote then, as an object of primary importance, institutions for the general diffusion of knowledge. In proportion as the structure of a government gives force to public opinion, it is essential that public opinion should be enlightened.

As a very important source of strength and security, cherish public credit. One method of preserving it is to use it as sparingly as possible, avoiding occasions of expense by cultivating peace, but remembering also that timely disbursements to prepare for danger frequently prevent much greater disbursements to repel it, avoiding likewise the accumulation of debt, not only by shunning occasions of expense, but by vigorous exertion in time of peace to discharge the debts which unavoidable wars may have occasioned, not ungenerously throwing upon posterity the burden which we ourselves ought to bear. The execution of these maxims belongs to your representatives, but it is necessary that public opinion should co-operate. To facilitate to them the performance of their duty, it is essential that you should practically bear in mind that towards the payment of debts there must be revenue; that to have revenue there must be taxes; that no taxes can be devised which are not more or less inconvenient and unpleasant; that the intrinsic embarrassment, inseparable from the selection of the proper objects (which is always a choice of difficulties), ought to be a decisive motive for a candid construction of the conduct of the government in making it, and for a spirit of acquiescence in the measures for obtaining revenue, which the public exigencies may at any time dictate.

Observe good faith and justice towards all nations; cultivate peace and harmony with all. Religion and morality enjoin this conduct; and can it be, that good policy does not equally enjoin it - It will be worthy of a free, enlightened, and at no distant period, a great nation, to give to mankind the magnanimous and too novel example of a people always guided by an exalted justice and benevolence. Who can doubt that, in the course of time and things, the fruits of such a plan would richly repay any temporary advantages which might be lost by a steady adherence to it ? Can it be that Providence has not connected the permanent felicity of a nation with its virtue ? The experiment, at least, is recommended by every sentiment which ennobles human nature. Alas! is it rendered impossible by its vices?

In the execution of such a plan, nothing is more essential than that permanent, inveterate antipathies against particular nations, and passionate attachments for others, should be excluded; and that, in place of them, just and amicable feelings towards all should be cultivated. The nation which indulges towards another a habitual hatred or a habitual fondness is in some degree a slave. It is a slave to its animosity or to its affection, either of which is sufficient to lead it astray from its duty and its interest. Antipathy in one nation against another disposes each more readily to offer insult and injury, to lay hold of slight causes of umbrage, and to be haughty and intractable, when accidental or trifling occasions of dispute occur. Hence, frequent collisions, obstinate, envenomed, and bloody contests. The nation, prompted by ill-will and resentment, sometimes impels to war the government, contrary to the best calculations of policy. The government sometimes participates in the national propensity, and adopts through passion what reason would reject; at other times it makes the animosity of the nation subservient to projects of hostility instigated by pride, ambition, and other sinister and pernicious motives. The peace often, sometimes perhaps the liberty, of nations, has been the victim.

So likewise, a passionate attachment of one nation for another produces a variety of evils. Sympathy for the favorite nation, facilitating the illusion of an imaginary common interest in cases where no real common interest exists, and infusing into one the enmities of the other, betrays the former into a participation in the quarrels and wars of the latter without adequate inducement or justification. It leads also to concessions to the favorite nation of privileges denied to others which is apt doubly to injure the nation making the concessions; by unnecessarily parting with what ought to have been retained, and by exciting jealousy, ill-will, and a disposition to retaliate, in the parties from whom equal privileges are withheld. And it gives to ambitious, corrupted, or deluded citizens (who devote themselves to the favorite nation), facility to betray or sacrifice the interests of their own country, without odium, sometimes even with popularity; gilding, with the appearances of a virtuous sense of obligation, a commendable deference for public opinion, or a laudable zeal for public good, the base or foolish compliances of ambition, corruption, or infatuation.

As avenues to foreign influence in innumerable ways, such attachments are particularly alarming to the truly enlightened and independent patriot. How many opportunities do they afford to tamper with domestic factions, to practice the arts of seduction, to mislead public opinion, to influence or awe the public councils. Such an attachment of a small or weak towards a great and powerful nation dooms the former to be the satellite of the latter.

Against the insidious wiles of foreign influence (I conjure you to believe me, fellow-citizens) the jealousy of a free people ought to be constantly awake, since history and experience prove that foreign influence is one of the most baneful foes of republican government. But that jealousy to be useful must be impartial; else it becomes the instrument of the very influence to be avoided, instead of a defense against it. Excessive partiality for one foreign nation and excessive dislike of another cause those whom they actuate to see danger only on one side, and serve to veil and even second the arts of influence on the other. Real patriots who may resist the intrigues of the favorite are liable to become suspected and odious, while its tools and dupes usurp the applause and confidence of the people, to surrender their interests.

The great rule of conduct for us in regard to foreign nations is in extending our commercial relations, to have with them as little political connection as possible. So far as we have already formed engagements, let them be fulfilled with perfect good faith. Here let us stop. Europe has a set of primary interests which to us have none; or a very remote relation. Hence she must be engaged in frequent controversies, the causes of which are essentially foreign to our concerns. Hence, therefore, it must be unwise in us to implicate ourselves by artificial ties in the ordinary vicissitudes of her politics, or the ordinary combinations and collisions of her friendships or enmities.

Our detached and distant situation invites and enables us to pursue a different course. If we remain one people under an efficient government. the period is not far off when we may defy material injury from external annoyance; when we may take such an attitude as will cause the neutrality we may at any time resolve upon to be scrupulously respected; when belligerent nations, under the impossibility of making acquisitions upon us, will not lightly hazard the giving us provocation; when we may choose peace or war, as our interest, guided by justice, shall counsel.

Why forego the advantages of so peculiar a situation? Why quit our own to stand upon foreign ground? Why, by interweaving our destiny with that of any part of Europe, entangle our peace and prosperity in the toils of European ambition, rivalship, interest, humor or caprice?

It is our true policy to steer clear of permanent alliances with any portion of the foreign world; so far, I mean, as we are now at liberty to do it; for let me not be understood as capable of patronizing infidelity to existing engagements. I hold the maxim no less applicable to public than to private affairs, that honesty is always the best policy. I repeat it, therefore, let those engagements be observed in their genuine sense. But, in my opinion, it is unnecessary and would be unwise to extend them.

Taking care always to keep ourselves by suitable establishments on a respectable defensive posture, we may safely trust to temporary alliances for extraordinary emergencies.

Harmony, liberal intercourse with all nations, are recommended by policy, humanity, and interest. But even our commercial policy should hold an equal and impartial hand; neither seeking nor granting exclusive favors or preferences; consulting the natural course of things; diffusing and diversifying by gentle means the streams of commerce, but forcing nothing; establishing (with powers so disposed, in order to give trade a stable course, to define the rights of our merchants, and to enable the government to support them) conventional rules of intercourse, the best that present circumstances and mutual opinion will permit, but temporary, and liable to be from time to time abandoned or varied, as experience and circumstances shall dictate; constantly keeping in view that it is folly in one nation to look for disinterested favors from another; that it must pay with a portion of its independence for whatever it may accept under that character; that, by such acceptance, it may place itself in the condition of having given equivalents for nominal favors, and yet of being reproached with ingratitude for not giving more. There can be no greater error than to expect or calculate upon real favors from nation to nation. It is an illusion, which experience must cure, which a just pride ought to discard.

In offering to you, my countrymen, these counsels of an old and affectionate friend, I dare not hope they will make the strong and lasting impression I could wish; that they will control the usual current of the passions, or prevent our nation from running the course which has hitherto marked the destiny of nations. But, if I may even flatter myself that they may be productive of some partial benefit, some occasional good; that they may now and then recur to moderate the fury of party spirit, to warn against the mischiefs of foreign intrigue, to guard against the impostures of pretended patriotism; this hope will be a full recompense for the solicitude for your welfare, by which they have been dictated.

How far in the discharge of my official duties I have been guided by the principles which have been delineated, the public records and other evidences of my conduct must witness to you and to the world. To myself, the assurance of my own conscience is, that I have at least believed myself to be guided by them.

In relation to the still subsisting war in Europe, my proclamation of the twenty-second of April, I793, is the index of my plan. Sanctioned by your approving voice, and by that of your representatives in both houses of Congress, the spirit of that measure has continually governed me, uninfluenced by any attempts to deter or divert me from it.

After deliberate examination, with the aid of the best lights I could obtain, I was well satisfied that our country, under all the circumstances of the case, had a right to take, and was bound in duty and interest to take, a neutral position. Having taken it, I determined, as far as should depend upon me, to maintain it, with moderation, perseverance, and firmness.

The considerations which respect the right to hold this conduct, it is not necessary on this occasion to detail. I will only observe that, according to my understanding of the matter, that right, so far from being denied by any of the belligerent powers, has been virtually admitted by all.

The duty of holding a neutral conduct may be inferred, without anything more, from the obligation which justice and humanity impose on every nation, in cases in which it is free to act, to maintain inviolate the relations of peace and amity towards other nations.

The inducements of interest for observing that conduct will best be referred to your own reflections and experience. With me a predominant motive has been to endeavor to gain time to our country to settle and mature its yet recent institutions, and to progress without interruption to that degree of strength and consistency which is necessary to give it, humanly speaking, the command of its own fortunes.

Though, in reviewing the incidents of my administration, I am unconscious of intentional error, I am nevertheless too sensible of my defects not to think it probable that I may have committed many errors. Whatever they may be, I fervently beseech the Almighty to avert or mitigate the evils to which they may tend. I shall also carry with me the hope that my country will never cease to view them with indulgence; and that, after forty five years of my life dedicated to its service with an upright zeal, the faults of incompetent abilities will be consigned to oblivion, as myself must soon be to the mansions of rest.

Relying on its kindness in this as in other things, and actuated by that fervent love towards it, which is so natural to a man who views in it the native soil of himself and his progenitors for several generations, I anticipate with pleasing expectation that retreat in which I promise myself to realize, without alloy, the sweet enjoyment of partaking, in the midst of my fellow-citizens, the benign influence of good laws under a free government, the ever-favorite object of my heart, and the happy reward, as I trust, of our mutual cares, labors, and dangers.

Geo. Washington.

What foreign AND domestic policy was Washington advocating in his Farewell Address? How well have American's followed his advice up to today?

Massachusetts Constitution

The Constitution of the Commonwealth of Massachusetts is the fundamental governing document of the Commonwealth of Massachusetts, one of the 50 individual state governments that make up the United States of America. It was drafted by John Adams, Samuel Adams, and James Bowdoin during the Massachusetts Constitutional Convention between September 1 and October 30, 1779. Following approval by town meetings, the Constitution was ratified on June 15, 1780, became effective on October 25, 1780, and remains the oldest functioning written constitution in continuous effect in the world.

The Massachusetts Constitution was the last of the first set of the state constitutions to be written. Consequently, it was more sophisticated than many of the other documents. Among the improvements was the structure of the document itself: instead of just a listing of provisions, it had a structure of chapters, sections, and articles. This structure was replicated by the US Constitution. It also had substantial influence on the subsequent revisions of many of the other state constitutions. The Massachusetts Constitution has four parts: a preamble, a declaration of rights, a description of the framework of government, and articles of amendment.

History

An earlier draft by the Massachusetts General Court was rejected by the people due to lack of public participation.

Preamble

The preamble of the constitution bears some resemblance to the United States Constitution's in a few phrases near the end. It is as follows:

The end of the institution, maintenance, and administration of government, is to secure the existence of the body politic, to protect it, and to furnish the individuals who compose it with the power of enjoying in safety and tranquillity their natural rights, and the blessings of life: and whenever these great objects are not obtained, the people have a right to alter the government, and to take measures necessary for their safety, prosperity and happiness.

The body politic is formed by a voluntary association of individuals: it is a social compact, by which the whole people covenants with each citizen, and each citizen with the whole people, that all shall be governed by certain laws for the common good. It is the duty of the people, therefore, in framing a constitution of government, to provide for an equitable mode of making laws, as well as for an impartial interpretation, and a faithful execution of them; that every man may, at all times, find his security in them.

We, therefore, the people of Massachusetts, acknowledging, with grateful hearts, the goodness of the great Legislator of the universe, in affording us, in the course of His providence, an opportunity, deliberately and peaceably, without fraud, violence or surprise, of entering into an original, explicit, and solemn compact with each other; and of forming a new constitution of civil government, for ourselves and posterity; and devoutly imploring His direction in so interesting a design, do agree upon, ordain and establish the following Declaration of Rights, and Frame of Government, as the Constitution of the Commonwealth of Massachusetts.

Part the First: A Declaration of the Rights of the Inhabitants of the Commonwealth of Massachusetts

This part consists of thirty articles, the first of which states:

Article I. All men are born free and equal, and have certain natural, essential, and unalienable rights; among which may be reckoned the right of enjoying and defending their lives and liberties; that of acquiring, possessing, and protecting property; in fine, that of seeking and obtaining their safety and happiness.

This Article was the subject of a landmark case in 1781 before a Massachusetts court sitting in Great Barrington, Brom and Bett v. Ashley. Elizabeth Freeman (known as Mum Bett), an African-American alleged to be a slave, and further, the property of a certain Mr. Ashley, sued for her freedom, based on this article; the jury agreed that slavery was inconsistent with the Massachusetts Constitution, and awarded Freeman five silver pounds in damages and her freedom. The later Quock Walker case, brought under that same article, constituted the final nail in the coffin of slavery in Massachusetts. Quock Walker, alleged to be a slave, sued his master for false imprisonment; the jury found for Walker, and awarded him damages of fifty silver pounds (not a small sum in those days). His master was then subject to criminal prosecution for assault and battery against Walker, and was found guilty by a jury, who imposed a fine of forty shillings upon the master. In this manner, slavery lost any and all legal protection in Massachusetts, making it a tortious act under the law, effectively abolishing it within the Commonwealth.

This Article was also the basis for the 2004 Supreme Judicial Court ruling requiring that marriage rights be extended to same-gender couples on an equal basis with opposite-gender couples.

This article was later amended to substitute the word "people" for the word "men".

Part the Second: The Frame of Government

This part begins as follows:

Article I. The department of legislation shall be formed by two branches, a Senate and House of Representatives: each of which shall have a negative on the other.

They both check on each other and make sure no one abuses their power or goes out of line.

Chapter 5 Section 1 of this part deals specifically with Harvard College, and many people[who?] believe that Article II of that section grants Harvard immunity from the state's power of eminent domain.

Virginia Statute for Religious Freedom

The Virginia Statute for Religious Freedom was written in 1779 by Thomas Jefferson. In 1786, the Virginia General Assembly enacted the statute into the state's law. The Statute for Religious Freedom is one of only three accomplishments Jefferson instructed be put in his epitaph.

The Virginia statute of religious freedom also separated the church and the state. The full text of the statute is as follows:

VIRGINIA STATUTE FOR RELIGIOUS FREEDOM

[Sec. 1] Where as Almighty God hath created the mind free; that all attempts to influence it by temporal punishments or burthens, or by civil incapacitations, tend only to beget habits of hypocrisy and meanness, and are a departure from the plan of the Holy author of our religion, who being Lord both of body and mind, yet chose not to propagate it by coercions on either, as it was in his Almighty power to do; that the impious presumption of legislators and rulers, civil as well as ecclesiastical, who being themselves but fallible and uninspired men, have assumed dominion over the faith of others, setting up their own opinions and modes of thinking as the only true and infallible, and as such endeavouring to impose them on others, hath established and maintained false religions over the greatest part of the world, and through all time; that to compel a man to furnish contributions of money for the propagation of opinions which he disbelieves, is sinful and tyrannical; that even the forcing him to support this or that teacher of his own religious persuasion, is depriving him of the comfortable liberty of giving his contributions to the particular pastor, whose morals he would make his pattern, and whose powers he feels most persuasive to righteousness, and is withdrawing from the ministry those temporary rewards, which proceeding from an approbation of their personal conduct, are an additional incitement to earnest and unremitting labours for the instruction of mankind; that our civil rights have no dependence on our religious opinions, any more than our opinions in physics or geometry; that therefore the proscribing any citizen as unworthy the public confidence by laying upon him an incapacity of being called to offices of trust and emolument, unless he profess or renounce this or that religious opinion, is depriving him injuriously of those privileges and advantages to which in common with his fellow-citizens he has a natural right; that it tends only to corrupt the principles of that religion it is meant to encourage, by bribing with a monopoly of worldly honours and emoluments, those who will externally profess and conform to it; that though indeed these are criminal who do not withstand such temptation, yet neither are those innocent who lay the bait in their way; that to suffer the civil magistrate to intrude his powers into the field of opinion, and to restrain the profession or propagation of principles on supposition of their ill tendency, is a dangerous fallacy, which at once destroys all religious liberty, because he being of course judge of that tendency will make his opinions the rule of judgment, and approve or condemn the sentiments of others only as they shall square with or differ from his own; that it is time enough for the rightful purposes of civil government, for its officers to interfere when principles break out into overt acts against peace and good order; and finally, that truth is great and will prevail if left to herself, that she is the proper and sufficient antagonist to error, and has nothing to fear from the conflict, unless by human interposition disarmed of her natural weapons, free argument and debate, errors ceasing to be dangerous when it is permitted freely to contradict them:

[Sec. 2] Be it enacted by the General Assembly, That no man shall be compelled to frequent or support any religious worship, place, or ministry whatsoever, nor shall be enforced, restrained, molested, or burdened in his body or goods, nor shall otherwise suffer on account of his religious opinions or belief; but that all men shall be free to profess, and by argument to maintain, their opinion in matters of religion, and that the same shall in no wise diminish enlarge, or affect their civil capacities.

[Sec. 3] And though we well know that this assembly elected by the people for the ordinary purposes of legislation only, have no power to restrain the acts of succeeding assemblies, constituted with powers equal to our own, and that therefore to declare this act to be irrevocable would be of no effect in law; yet we are free to declare, and do declare, that the rights hereby asserted are of the natural rights of mankind, and that if any act shall be hereafter passed to repeal the present, or to narrow its operation, such act shall be an infringement of natural right.

Suffolk Resolves

The Suffolk Resolves was a declaration made on September 9, 1774 by the leaders of Suffolk County, Massachusetts, of which Boston is the major city. The convention that adopted them first met at the Woodward Tavern in Dedham, which is today the site of the Norfolk County Courthouse. The Resolves were recognized by statesman Edmund Burke as a major development in colonial animosity leading to adoption of the United States Declaration of Independence from Great Britain in 1776, and he urged British conciliation with the American colonies, to little effect. The First Continental Congress passed the Resolves on September 17, 1774.

On August 26–27, the Committees of Correspondence from Sufflolk, MIddlesex, Essex, and Worcester counties met at Faneuil Hall in Boston to oppose the recent Massachusetts Government Act, which had disenfranchised citizens of Massachusetts by revoking key provisions of the provincial Charter of 1691. This convention urged all Massachusetts counties to close their courts rather than submit to the oppressive measure. Berkshire had already done so, and by the first week of October, seven of the nine contiguous mainland counties in Massachusetts had followed suit.

As each county, in turn, closed its court, it issued a set of resolves to explain its actions. Although these resolves were all similar in tone and scope, the one written by patriots in Suffolk has received more attention for two reasons: it was better crafted, and it was formerly endorsed by the Continental Congress. Ironically, Suffolk, which contained Boston, was the only county in which courts remained nominally open, under the protection of British troops.

At the Suffolk County Convention of the Committees of Correspondence on September 6, 1774, Joseph Warren introduced the first draft of the Suffolk Resolves, which were edited and approved three days later in Stoughton, Massachusetts, in a location which is now Milton, Massachusetts in current Norfolk County, Massachusetts. As with the other county resolves, the Suffolk document denounced the Intolerable Acts, or Coercive Acts, that had recently been passed by the British Parliament, and specifically resolved to:

  1. boycott British imports, curtail exports, and refuse to use British products;
  2. pay "no obedience" to the Massachusetts Government Act or the Boston Port Bill;
  3. demand resignations from those appointed to positions under the Massachusetts Government Act;
  4. refuse payment of taxes until the Massachusetts Government Act was repealed;
  5. support a colonial government in Massachusetts free of royal authority until the Intolerable Acts were repealed;
  6. urge the colonies to raise militia of their own people.

In one of his less famous rides, Paul Revere delivered a copy of the Resolves to the First Continental Congress in Philadelphia, where it was endorsed on September 17 as a show of colonial solidarity. In response, John Adams commented in his diary: "This was one of the happiest days of my life. In Congress we had generous, noble sentiments, and manly eloquence. This day convinced me that American will support the Massachusetts of perish with her." Endorsement of the Suffolk Resolves, and with it the rebellion that had enveloped Massachusetts, altered the political balance in Congress and paved the way for radical measures, such as the Continental Association, a general nonimportation agreement. Previously, nonimportation agreements had been limited to specific localities, but this one applied throughout the rebellious colonies. The Committees of inspection and Committees of Safety that formed to enforce the Continental Association established a revolutionary infrastructure, similar to the Sons of Liberty in the early days of resistance.

A number of counties in other colonies adopted declarations of grievances against Britain during the period before the Declaration of Independence, including the Mecklenburg Resolves and the Tryon Resolves in 1775 and at least 90 other documents favoring independence in the spring of 1776, but the resolves from the Massachusetts County Conventions in August-October, 1774, were the first to promote across-the-board noncompliance with British governmental authority.

Commemoration

A historic plaque on Adams Street in the Lower Mills area of Milton commemorates the original site of the Daniel Vose House, where the Suffolk Resolves were signed on September 4, 1774. In order to prevent demolition of it, the house was moved in 1950 from Lower Mills to 1370 Canton Avenue in Milton. The house was restored to its original colonial appearance and is now the headquarters of the Milton Historical Society. It was added to the National Register of Historic Places in 1973 and is open to public view.

"Common Sense"

Common Sense is a pamphlet written by Thomas Paine. It was first published anonymously on January 10, 1776, during the American Revolution. Common Sense was signed "Written by an Englishman", and the pamphlet became an immediate success. In relation to the population of the Colonies at that time, it had the largest sale and circulation of any book in American history. Common Sense presented the American colonists with a powerful argument for independence from British rule at a time when the question of independence was still undecided. Paine wrote and reasoned in a style that common people understood; forgoing the philosophy and Latin references used by Enlightenment era writers, Paine structured Common Sense like a sermon and relied on Biblical references to make his case to the people. Historian Gordon S. Wood described Common Sense as, “the most incendiary and popular pamphlet of the entire revolutionary era.

Four sections are noted on the title page, which quotes James Thomson's poem "Liberty" (1735-36):

Man knows no master save creating Heaven,
Or those whom choice and common good ordain.

I. Of the Origin and Design of Government in general, with concise Remarks on the English Constitution.

Paine begins this section by making a distinction between society and government. Society is a “patron,” “produced by our wants”, that promotes happiness. Government is a “punisher,” “produced by wickedness,” that restrains vices. Paine then goes on to consider the relationship between government and society in a state of “natural liberty.” Paine tells a story of a few isolated people living in nature without government. The people find it easier to live together rather than apart and thereby create a society. As the society grows problems arise, so all the people meet to make regulations to mitigate the problems. As the society continues to grow government becomes necessary to enforce the regulations, which over time, turn into laws. Soon there are so many people that they cannot all be gathered in one place to make the laws, so they begin holding elections. This, Paine argues, is the best balance between government and society. Having created this model of what the balance should be, Paine goes on to consider the Constitution of the United Kingdom.

Paine finds two tyrannies in the English constitution; monarchical and aristocratic tyranny, in the king and peers, who rule by heredity and contribute nothing to the people. Paine goes on to criticize the English constitution by examining the relationship between the king, the peers, and the commons.

II. Of Monarchy and Hereditary Succession.

In the second section Paine considers monarchy first from a biblical perspective, then from a historical perspective. He begins by arguing that all men are equal at creation and therefore the distinction between kings and subjects is a false one. Several Bible verses are posed to support this claim. Paine then examines some of the problems that kings and monarchies have caused in the past and concludes:

In England a king hath little more to do than to make war and give away places; which in plain terms, is to impoverish the nation and set it together by the ears. A pretty business indeed for a man to be allowed eight hundred thousand sterling a year for, and worshipped into the bargain! Of more worth is one honest man to society and in the sight of God, than all the crowned ruffians that ever lived.

Thomas Paine

In this section, Paine also attacks one type of "mixed state" – the constitutional monarchy promoted by John Locke in which the powers of government are separated between a Parliament or Congress that makes the laws, and a monarch who executes them. The constitutional monarchy, according to Locke, would limit the powers of the king sufficiently to ensure that the realm would remain lawful rather than easily become tyrannical. According to Paine, however, such limits are insufficient. In the mixed state, power will tend to concentrate into the hands of the monarch, permitting him eventually to transcend any limitations placed upon him. Paine questions why the supporters of the mixed state, since they concede that the power of the monarch is dangerous, wish to include a monarch in their scheme of government in the first place.

III. Thoughts on the present State of American Affairs.

Constitution of the United States as proposed by Thomas Paine in Common Sense

In the third section Paine examines the hostilities between England and the American colonies and argues that best course of action is independence. Paine proposes a Continental Charter (or Charter of the United Colonies) that would be an American Magna Carta. Paine writes that a Continental Charter “should come from some intermediate body between the Congress and the people” and outlines a Continental Conference that could draft a Continental Charter. Each colony would hold elections for five representatives; these five would be accompanied by two members of the colonies assembly, for a total of seven representatives from each colony in the Continental Conference. The Continental Conference would then meet and draft a Continental Charter that would secure “freedom and property to all men, and… the free exercise of religion.” The Continental Charter would also outline a new national government, which Paine thought would take the form of a Congress.

Thomas Paine suggested that a Congress may be created in the following way, each colony should be divided in districts; each district would “send a proper number of delegates to Congress.” Paine thought that each state should send at least 30 delegates to Congress, and that the total number of delegates in Congress should be at least 390. The Congress would meet annually, and elect a President. Each colony would be put into a lottery; the President would be elected, by the whole Congress, from the delegation of the colony that was selected in the lottery. After a colony was selected it would be removed from subsequent lotteries until all of the colonies had been selected, at which point the lottery would start anew. Electing a President or passing a law would require 3/5 of the Congress.

IV. Of the present Ability of America, with some miscellaneous Reflections.

The fourth section of the pamphlet includes Paine's optimistic view of America's military potential at the time of the Revolution. For example, he spends pages describing how colonial shipyards, by using the large amounts of lumber available in the country, could quickly create a navy that could rival the Royal Navy.

Paine's arguments against British rule

  • It was ridiculous for an island to rule a continent.
  • America was not a "British nation"; it was composed of influences and peoples from all of Europe.
  • Even if Britain was the "mother country" of America, that made her actions all the more horrendous, for no mother would harm her children so brutally.
  • Being a part of Britain would drag America into unnecessary European wars, and keep it from the international commerce at which America excelled.
  • The distance between the two nations made governing the colonies from England unwieldy. If some wrong were to be petitioned to Parliament, it would take a year before the colonies received a response.
  • The New World was discovered shortly before the Reformation. The Puritans believed that God wanted to give them a safe haven from the persecution of British rule.
  • Britain ruled the colonies for its own benefit, and did not consider the best interests of the colonists in governing them.

Quotations

  • "There is something exceedingly ridiculous in the composition of monarchy; it first excludes a man from the means of information, yet empowers him to act in cases where the highest judgment is required."
  • Hereditary succession has no claim. “For all men being originally equals, no one by birth could have the right to set up his own family in perpetual preference to all others for ever, and tho' himself might deserve some decent degree of honours of his cotemporaries, yet his descendants might be far too unworthy to inherit them.”
  • "Some writers have so confounded society with government, as to leave little or no distinction between them; whereas they are not only different, but have different origins." (Opening Line)
  • "I offer nothing more than simple facts, plain arguments, and common sense . . ."
  • "A long habit of not thinking a thing wrong, gives it a superficial appearance of being right, and raises at first a formidable outcry in defense of custom."
  • "Society is produced by our wants, and government by wickedness; the former promotes our happiness positively by uniting our affections, the latter negatively by restraining our vices. The one encourages intercourse, the other creates distinctions. The first is a patron, the last a punisher. Society in every state is a blessing, but government even in its best state is but a necessary evil."
  • Uses the Bible as reference. "In the early ages of the world, according to the scripture chronology there were no kings; the consequence of which was, there were no wars; it is the pride of kings which throws mankind into confusion."
  • "Time makes more converts than reason." (the Introduction)
  • "Every thing that is right or natural pleads for separation. The blood of the slain, the weeping voice of nature cries, 'tis time to part."
  • "Government by kings was first introduced into the world by the Heathens, from whom the children of Israel copied the custom. It was the most prosperous invention the Devil ever set on foot for the promotion of idolatry."
  • "But where, say some, is the King of America? I'll tell you, friend, he reigns above, and doth not make havoc of mankind like the Royal Brute of Great Britain.... so far as we approve of monarchy, that in America the law is king."
  • "O ye that love mankind! Ye that dare oppose, not only the tyranny, but the tyrant, stand forth! Every spot of the old world is overrun with oppression. Freedom hath been hunted round the globe. Asia, and Africa, have long expelled her--Europe regards her like a stranger, and England hath given her warning to depart. O! receive the fugitive, and prepare in time an asylum for mankind."
  • "... have every opportunity and every encouragement before us, to form the noblest purest constitution on the face of the earth. We have it in our power to begin the world over again. A situation, similar to the present, hath not happened since the days of Noah until now. The birthday of a new world is at hand, and a race of men, perhaps as numerous as all Europe contains, are to receive their portion of freedom from the event of a few months."
  • "Wherefore, since nothing but blows will do, for God's sake let us come to a final separation... "
  • "Small islands not capable of protecting themselves are the proper objects for kingdoms to take under their care; but there is something very absurd in supposing a continent to be perpetually governed by an island."

Even though Paine, like many of the Deistic Founding Fathers, was exceptionally hostile towards organized religion as a political force, Common Sense used many Biblical references to support its assertions, playing to the strong influence of personal religion in colonial America. His views on organized religion would be later clarified in his work The Age of Reason.

English Bill of Rights

The Bill of Rights (a short title conferred by the Short Titles Act 1896, section 1 and the first schedule) is an act of the Parliament of England, whose title is An Act Declaring the Rights and Liberties of the Subject and Settling the Succession of the Crown. It is often called the English Bill of Rights

The Bill of Rights was passed by Parliament in December 1689 and was a re-statement in statutory form of the Declaration of Right, presented by the Convention Parliament to William and Mary in February 1689, inviting them to become joint sovereigns of England. It enumerates certain rights to which subjects and permanent residents of a constitutional monarchy were thought to be entitled in the late 17th century, asserting subjects' right to petition the monarch, as well as to bear arms in defence. It also sets out—or, in the view of its drafters, restates—certain constitutional requirements of the Crown to seek the consent of the people, as represented in parliament.

Along with the 1701 Act of Settlement the Bill of Rights remains, today, one of the main constitutional laws governing the succession to not only the throne of the United Kingdom, but, following British colonialism, the resultant doctrine of reception, and independence, also to those of the other Commonwealth realms, whether by willing deference to the act as a British statute or as a patriated part of the particular realm's constitution. Since the implementation of the Statute of Westminster in each of the Commonwealth realms (on successive dates from 1931 onwards) the Bill of Rights cannot be altered in any realm except by that realm's own parliament, and then, by convention, and as it touches on the succession to the shared throne, only with the consent of all the other realms.

In the United Kingdom, the Bill of Rights is further accompanied by the Magna Carta, Habeas Corpus Act 1679 and Parliament Acts 1911 and 1949 as some of the basic documents of the uncodified British constitution. A separate but similar document, the Claim of Right Act, applies in Scotland. Further, a bill of rights has been listed, in Republic of Ireland's Statute Law Revision (Pre-Union), as an English act of parliament to be retained as part of the country's law. The English Bill of Rights 1689 inspired in large part the United States Bill of Rights.

Provisions of the act

The Bill of Rights laid out certain basic tenets for, at the time, all Englishmen. These rights continue to apply today, not only in England, but in each of the jurisdictions of the Commonwealth realms as well.[citation needed] The people, embodied in the parliament, are granted immutable civil and political rights through the act, including:

  • Freedom from royal interference with the law. Though the sovereign remains the fount of justice, he or she cannot unilaterally establish new courts or act as a judge.
  • Freedom from taxation by Royal Prerogative. The agreement of parliament became necessary for the implementation of any new taxes.
  • Freedom to petition the monarch.
  • Freedom from the standing army during a time of peace. The agreement of parliament became necessary before the army could be moved against the populace when not at war.
  • Freedom for Protestants to bear arms for their own defense, as suitable to their class and as allowed by law.
  • Freedom to elect members of parliament without interference from the sovereign.
  • Freedom of speech and debates; or proceedings in Parliament ought not to be impeached or questioned in any court or place out of Parliament.


Certain acts of James II were also specifically named and declared illegal by the Bill of Rights, while James' flight from England in the wake of the Glorious Revolution was also declared to be an abdication of the throne.

Also, in a prelude to the Act of Settlement to come twelve years later, the Bill of Rights barred Roman Catholics from the throne of England as "it hath been found by experience that it is inconsistent with the safety and welfare of this Protestant kingdom to be governed by a papist prince"; thus William III and Mary II were named as the successors of James VII and II and that the throne would pass from them first to Mary's heirs, then to her sister, Princess Anne of Denmark and her heirs and, further, to any heirs of William by a later marriage. The monarch was further required to swear a coronation oath to maintain the Protestant religion.

Magna Carta

Magna Carta, also called Magna Carta Libertatum (the Great Charter of Freedoms), is an English legal charter, originally issued in the year 1215. It was written in Latin and is known by its Latin name. The usual English translation of Magna Carta is Great Charter.

Magna Carta required King John of England to proclaim certain rights (pertaining to freemen), respect certain legal procedures, and accept that his will could be bound by the law. It explicitly protected certain rights of the King's subjects, whether free or fettered — and implicitly supported what became the writ of habeas corpus, allowing appeal against unlawful imprisonment.

Magna Carta was arguably the most significant early influence on the extensive historical process that led to the rule of constitutional law today in the English speaking world. Magna Carta influenced the development of the common law and many constitutional documents, including the United States Constitution. Many clauses were renewed throughout the Middle Ages, and continued to be renewed as late as the 18th century. By the second half of the 19th century, however, most clauses in their original form had been repealed from English law.

Magna Carta was the first document forced onto an English King by a group of his subjects (the barons) in an attempt to limit his powers by law and protect their privileges. It was preceded by the 1100 Charter of Liberties in which King Henry I voluntarily stated that his own powers were under the law.

In practice, Magna Carta in the medieval period mostly did not limit the power of Kings; but by the time of the English Civil War it had become an important symbol for those who wished to show that the King was bound by the law.

Magna Carta is normally understood to refer to a single document, that of 1215. Various amended versions of Magna Carta appeared in subsequent years however, and it is the 1297 version which remains on the statute books of England and Wales.

Content

Magna Carta was originally written in Latin. A large part of Magna Carta was copied, nearly word for word, from the Charter of Liberties of Henry I, issued when Henry I ascended to the throne in 1100, which bound the king to certain laws regarding the treatment of church officials and nobles, effectively granting certain civil liberties to the church and the English nobility.

The document commonly known as Magna Carta today is not the 1215 charter but a later charter of 1225, and is usually shown in the form of The Charter of 1297 when it was confirmed by Edward I. At the time of the 1215 charter, many of the provisions were not meant to make long term changes but simply to right the immediate wrongs, and therefore The Charter was reissued three times in the reign of Henry III (1216, 1217 and 1225) in order to provide for an updated version. After this, each individual king for the next two hundred years (until Henry V in 1416) personally confirmed the 1225 charter in his own charter.

Rights still in force today

For modern times, the most enduring legacy of Magna Carta is considered the right of habeas corpus. This right arises from what are now known as clauses 36, 38, 39, and 40 of the 1215 Magna Carta.

As the most recent version, it is the 1297 Charter which remains in legal force in England and Wales. Using the clauses in the 1297 charter (the content and numbering are somewhat different from the 1215 Charter): Clause 1 guarantees the freedom of the English Church. Although this originally meant freedom from the King, later in history it was used for different purposes (see below). Clause 9 guarantees the “ancient liberties” of the City of London. Clause 29 guarantees a right to due process.

  • I. FIRST, We have granted to God, and by this our present Charter have confirmed, for Us and our Heirs for ever, that the Church of England shall be free, and shall have all her whole Rights and Liberties inviolable. We have granted also, and given to all the Freemen of our Realm, for Us and our Heirs for ever, these Liberties under-written, to have and to hold to them and their Heirs, of Us and our Heirs for ever.
  • IX. THE City of London shall have all the old Liberties and Customs which it hath been used to have. Moreover We will and grant, that all other Cities, Boroughs, Towns, and the Barons of the Five Ports, and all other Ports, shall have all their Liberties and free Customs.
  • XXIX. NO Freeman shall be taken or imprisoned, or be disseised of his Freehold, or Liberties, or free Customs, or be outlawed, or exiled, or any other wise destroyed; nor will We not pass upon him, nor condemn him, but by lawful judgment of his Peers, or by the Law of the Land. We will sell to no man, we will not deny or defer to any man either Justice or Right.[4]

The 1765 Stamp Act extended the stamp duty, which had been in force on home territory since 1694 to cover the American colonies as well. However, colonists of the Thirteen Colonies despised this since they were not represented in Parliament and refused to accept that an external body, which did not represent them, could tax them in what they saw was a denial of their rights as Englishmen. The cry "no taxation without representation" rang throughout the colonies.

The influence of Magna Carta can be clearly seen in the United States Bill of Rights, which enumerates various rights of the people and restrictions on government power, such as:

No person shall be ... deprived of life, liberty, or property, without due process of law.

Article 21 from the Declaration of Rights in the Maryland Constitution of 1776 reads:

That no freeman ought to be taken, or imprisoned, or disseized of his freehold, liberties, or privileges, or outlawed, or exiled, or in any manner destroyed, or deprived of his life, liberty, or property, but by the judgment of his peers, or by the law of the land.

The Ninth Amendment to the United States Constitution states that, “The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.” The framers of the United States Constitution wished to ensure that rights they already held, such as those provided by the Magna Carta, were not lost unless explicitly curtailed in the new United States Constitution.

Many later attempts to draft constitutional forms of government, including the United States Constitution, trace their lineage back to this source document. The United States Supreme Court has explicitly referenced Lord Coke's analysis of Magna Carta as an antecedent of the Sixth Amendment's right to a speedy trial.

Magna Carta has influenced international law as well: Eleanor Roosevelt referred to the Universal Declaration of Human Rights as "a Magna Carta for all mankind". Magna Carta is thought to be the crucial turning point in the struggle to establish freedom and a key element in the transformation of constitutional thinking throughout the world. When Englishmen left their homeland to establish colonies in the new world, they brought with them charters that guaranteed they and their heirs would ‘have and enjoy all liberties and immunities of free and natural subjects.” (qtd. from wall of National Archives). In 1606, Sir Edward Coke, who drafted the Virginia Charter, had highly praised Magna Carta, which reflected many of its values and themes into the Virginia Charter (Howard 28). Colonists were also aware of their rights that came from Magna Carta. When American colonists raised arms against England, they were fighting not so much for new freedom, but to preserve liberties, many of which dated back to the 13th century Magna Carta. In 1787 when the representatives of America gathered to draft a constitution, they built upon the legal system they knew and admired: English common law that had evolved from Magna Carta (National Archives). The ideas addressed in the great charter that are found today are particularly obvious.

The American Constitution is the “Supreme Law of the Land,” recalling the manner in which Magna Carta had come to be regarded as fundamental law. This heritage is quite apparent. In comparing Magna Carta with the Bill of Rights: the Fifth Amendment guarantees: “No person shall be deprived of life, liberty or property without due process of law.” In addition, the United States Constitution included a similar writ in the Suspension Clause, article 1, section 9: “ The privilege of the writ habeas corpus shall not be suspended, unless when in cases of rebellion or invasion, the public safety may require it." Written 575 years earlier, Magna Carta states, “ No free man shall be taken, imprisoned, disseised, outlawed, banished, or in any way destroyed, not will we proceed against or prosecute him, except by the lawful judgment of his peers and by the law of the land.” (qtd. in Howard pg VI: Foreword). Each of these proclaim no man may be imprisoned or detained without proof that they did wrong.

Numerous copies were made each time it was issued, so all of the participants would each have one — in the case of the 1215 copy, one for the royal archives, one for the Cinque Ports, and one for each of the 40 counties of the time. Several of those copies still exist and some are on permanent display. If there ever was one single 'master copy' of Magna Carta sealed by King John in 1215, it has not survived. Four contemporaneous copies (known as "exemplifications") remain, all of which are located in England:

  • The 'burnt copy', which was found in the records of Dover Castle in the 17th century and so is assumed to be the copy that was sent to the Cinque Ports. It was subsequently involved at a house fire at its owner's property, making it all but illegible. It is the only one of the four to have its seal surviving, although this too was melted out of shape in the fire. It is currently held by the British Library.
  • Another supposedly original, but possibly amended version of Magna Carta is on show just outside of the chamber of the House of Lords situated in Westminster Palace.
  • One owned by Lincoln Cathedral, normally on display at Lincoln Castle. It has an unbroken attested history at Lincoln since 1216. We hear of it in 1800 when the Chapter Clerk of the Cathedral reported that he held it in the Common Chamber, and then nothing until 1846 when the Chapter Clerk of that time moved it from within the Cathedral to a property just outside. In 1848, Magna Carta was shown to a visiting group who reported it as “hanging on the wall in an oak frame in beautiful preservation”. It went to the New York World Fair in 1939. In 1941, after war broke out with Japan, Magna Carta was sent to Fort Knox, along with the U.S. Declaration of Independence and Constitution, until 1944, when it was deemed safe to return them. Having returned to Lincoln, it has been back to America on various occasions since then. It was taken out of display for a time to undergo conservation in preparation for its visit to America, where it was exhibited at the Contemporary Art Center of Virginia from 30 March to 18 June 2007 in recognition of the Jamestown quadricentennial. From 4 July to 25 July, the document was displayed at the National Constitution Center in Philadelphia, returning to Lincoln Castle afterwards.
  • One owned by and displayed at Salisbury Cathedral. It is the best preserved of the four.

Other early versions of Magna Carta survive. Durham Cathedral possesses 1216, 1217, and 1225 copies.

A near perfect 1217 copy is held by Hereford Cathedral and is occasionally displayed alongside the Mappa Mundi in the cathedral's chained library. Remarkably, the Hereford Magna Carta is the only one known to survive along with an early version of a Magna Carta ‘users manual’, a small document that was sent along with Magna Carta telling the Sheriff of the county to observe the conditions outlined in the document.

Four copies are held by the Bodleian Library in Oxford. Three of these are 1217 issues and one a 1225 issue. On 10 December 2007, these were put on public display for the first time.