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February 2017 Policy Study, Number 17-2

   

A Commentary on the American Founding

   

Introduction - Part 1

   

 

It would be no more than proper for us to start our discussion of the Constitution with an examination of the ideas of those who were most instrumental in the establishment and implementation of ourRepublic.  It would also be proper   to become at least a little familiar with the situation at the time and their probable intent in their actions before we examine what they established.  What vision and hopes did they hold for this new nation?  It is further fitting that we abide by the counsel of Thomas Jefferson as we undertake this task:

 

On every question of construction (referring to the Constitution) let us carry ourselves back to the time when the Constitution was adopted, recollect the spirit manifested in the debates, and instead of trying what meaning may be squeezed out of the text, or invented against it, conform to the probable one in which it was passed.  (Letter to William Johnson, 1823).

 

Although from time to time personal opinion will be offered, it should be readily discernible, and it is my intent to offer even this while remaining cognizant of the historical perspective.  This perspective will include not only the time of our Founders’ actions, but it will also draw from times prior to then.  This is necessary because it is prior history, writings, and ideas that shaped their opinions and, consequently, their actions.  It is inestimably important that we work from the perspective they held.  If we were to work from any other perspective, it is highly unlikely we could ever discern what should be the end product of their effort.

 

Depending on one’s personal proclivities, it seems possible to mold the Constitution to almost any purpose.  It would not be out of line to consider this course of action inappropriate.  The Constitution may well be a living document in as much as it may be duly amended and in the sense that if we honor its intent, it will protect our precious liberty.  But if we are allowed to change the results produced by the document simply by changing the perspective from which we view it, we have a document that has become useless to implement the results for which it was intended.

 

It would seem to me that there can be only one perspective that is suitable for our purpose, and that would be the perspective that held sway at the time the instrument was ratified.  Furthermore, it would seem that if we stray from our Founders’ perspective and thereby proffer a meaning to the instrument that they did not intend, we have already slipped past constitutional bounds because there is no provision in the instrument to amend it in this manner.  We must read the document through their eyes and endeavor to respect their experiences and opinions.

 

What was the situation at the time?  It was little short of desperate.  Here it is in the famous words spoken by Patrick Henry at the Second Virginia Convention, convened at St. John’s Church, Richmond, Virginia, March 23, 1775.  It is lengthy, but well worth your consideration.

 

No man thinks more highly than I do of the patriotism, as well as abilities, of the very worthy gentlemen who have just addressed the House.  But different men often see the same subject in different lights; and, therefore, I hope it will not be thought disrespectful to those gentle men if, entertaining as I do opinions of a character very opposite to theirs, I shall speak forth my sentiments freely and without reserve.  This is no time for ceremony.  The questing before the House is one of awful moment to this country.  For my own part, I consider it as nothing less than a question of freedom or slavery; and in proportion to the magnitude of the subject ought to be the freedom of the debate.  It is only in this way that we can hope to arrive at truth, and fulfill the great responsibility that we hold to God and our country.  Should I keep back my opinions at such a time, through fear of giving offense, I should consider myself as guilty of treason towards my country, and of an act of disloyalty toward the Majesty of Heaven, which I revere above all earthly kings.

 

Mr. President, it is natural to man to indulge in the illusions of hope.  We are apt to shut our eyes against a painful truth, and listen to the song of that siren till she transforms us into beasts.  Is this the part of wise men, engaged in a great and arduous struggle for liberty?  Are we disposed to be of the number of those who, having eyes, see not, and, having ears, hear not, the things which so nearly concern their temporal salvation?  For my part, whatever anguish of spirit it may cost, I am willing to know the whole truth; to know the worst, and to provide for it.

 

I have but one lamp by which my feet are guided, and that is the lamp of experience.  I know of no way of judging of the future but by the past.  And judging by the past, I wish to know what there has been in the conduct of the British ministry for the last ten years to justify those hopes with which gentlemen have been pleased to solace themselves and the House.  Is it that insidious smile with which our petition has been lately received?  Trust it, sir; it will prove a snare to your feet.  Suffer not yourselves to be betrayed with a kiss.  Ask yourselves how his gracious reception of our petition comports with those warlike preparations which cover our waters and darken our land.  Are fleets and armies necessary to a work of love and reconciliation?  Have we shown ourselves so unwilling to be reconciled that force must be called in to win back our love? 

 

Let us not deceive ourselves, sir.  These are the implements of war and subjugation; the last arguments to which kings resort.  I ask gentlemen, sir, what means this martial array, if its purpose be not to force us to submission?  Can gentlemen assign any other possible motive for it?  Has Great Britain any enemy, in this quarter of the world, to call for all this accumulation of navies and armies?  No, sir, she has none.  They are meant for us; they can be meant for no other.  They are sent over to bind and rivet upon us those chains which the British ministry have been so long forging.  And what have we to oppose to them?  Shall we try argument?  Sir, we have been trying that for the last ten years.  Have we anything new to offer upon the subject?  Nothing.  We have held the subject up in every light of which it is capable; but it has been all in vain.  Shall we resort to entreaty and humble supplication?  What terms shall we find which have not been already exhausted?  Let us not, I beseech you, sir, deceive ourselves.  Sir, we have done everything that could be done to avert the storm which is now coming on.  We have petitioned; we have remonstrated; we have supplicated; we have prostrated ourselves before the throne, and have implored its interposition to arrest the tyrannical hands of the ministry and Parliament.  Our petitions have been slighted; our remonstrances have produced additional violence and insult; our supplications have been disregarded; and we have been spurned, with contempt, from the foot of the throne!  In vain, after these things, may we indulge the fond hope of peace and reconciliation.  There is no longer any room for hope.  If we wish to be free — if we mean to preserve inviolate those inestimable privileges for which we have been so long contending — if we mean not basely to abandon the noble struggle in which we have been so long engaged, and which we have pledged ourselves never to abandon until the glorious object of our contest shall be obtained — we must fight!  I repeat it, sir, we must fight!  An appeal to arms and to the God of hosts is all that is left us!

 

They tell us, sir, that we are weak; unable to cope with so formidable an adversary.  But when shall we be stronger?  Will it be the next week, or the next year?  Will it be when we are totally disarmed, and when a British guard shall be stationed in every house?  Shall we gather strength by irresolution and inaction?  Shall we acquire the means of effectual resistance by lying supinely on our backs and hugging the delusive phantom of hope, until our enemies shall have bound us hand and foot?  Sir, we are not weak if we make a proper use of those means which the God of nature hath placed in our power.  The millions of people, armed in the holy cause of liberty, and in such a country as that which we possess, are invincible by any force which our enemy can send against us.  Besides sir, we shall not fight our battles alone.  There is a just God who presides over the destinies of nations, and who will raise up friends to fight our battles for us.  The battle, sir, is not to the strong alone; it is to the vigilant, the active, the brave.  Besides, sir, we have no election.  If we were base enough to desire it, it is now too late to retire from the contest.  There is no retreat but in submission and slavery!  Our chains are forged!  Their clanking may be heard on the plains of Boston!  The war is inevitable — and let it come!  I repeat it, sir, let it come.

 

It is in vain, sir, to extenuate the matter.  Gentlemen may cry, Peace, Peace — but there is no peace.  The war is actually begun!  The next gale that sweeps from the north will bring to our ears the clash of resounding arms!  Our brethren are already in the field!  Why stand we here idle?  What is it that gentlemen wish?  What would they have?  Is life so dear, or peace so sweet, as to be purchased at the price of chains and slavery?  Forbid it, Almighty God!  I know not what course others may take; but as for me, give me liberty or give me death!

 

What do you think Mr. Henry would think about our situation today? 

 

   

 

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