Diary in America, Series Two

Delaware. George Read, Gunning Bedford, Jun. John Dickenson, Richard Bassett, Jacob Broom.

Maryland. James McHenry, Daniel of St. Tho. Jenifer, Daniel Carrol.

Virginia. John Blair, James Madison, jun.

North Carolina. William Blount, Richard Dobbs Spaight, Hugh Williamson.

South Carolina. John Rutledge, Chas. Cotesworth Pinckney, Charles Pinckney, Pierce Butler.

Georgia. William Few, Abraham Baldwin.

(Attest,) William Jackson.

Amendments to the Constitution

Art. 1. Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof; or abridging the freedom of speech or of the press; or the right, of the people peaceably to assemble, and to petition the Government for a redress of grievances.

Art. 2. A well regulated militia being necessary to the security of a free State, the right of the people to keep and bear arms shall not be infringed.

Art. 3. No soldier shall, in time of peace, be quartered in any house without the consent of the owner; nor in time of war, but in a manner prescribed by law.

Art. 4. The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated; and no warrants shall issue but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Art. 5. No person shall be held to answer for a capital or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service, in time of war or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled, in any criminal case, to be a witness against himself; nor be deprived of life, liberty or property, without due process of law; nor shall private property be taken for public use, without just compensation.

Art. 6. In all criminal prosecutions the accused shall enjoy the right to a speedy and public trial by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favour; and to have the assistance of counsel for his defence.

Art. 7. In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved; and no fact tried by a jury shall be otherwise re-examined in any court of the United States, than according to the rules of common law.

Art. 8. Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

Art. 9. The enumeration in the Constitution of certain rights shall not be construed to deny or disparage others retained by the people.

Art. 10. The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

Art. 11. The judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by citizens of another State, or by citizens or subjects of any foreign State.

Art. 12. 1. The electors shall meet in their respective States, and vote by ballot for President and Vice-President, one of whom, at least, shall not be an inhabitant of the same State with themselves; they shall name in their ballots the person voted for as President, and in distinct ballots the person voted for as Vice-president; and they shall make distinct lists of all persons voted for as President, and of all persons voted for as Vice-President, and of the number of votes for each, which lists they shall sign and certify, and transmit sealed to the seat of the Government of the United States, directed to the President of the Senate; the President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates, and the votes shall then be counted; the person having the greatest number of votes for President shall be the President, if such of the number be a majority of the whole number of electors appointed; and if no person have such a majority, then from the persons having the highest numbers, not exceeding three, on the list of those voted for as President, the House of Representatives shall choose immediately, by ballot, the President. But, in choosing the President, the votes shall be taken by States, the representation from each State having one vote; a quorum for this purpose shall consist of a member or members from two-thirds of the States, and a majority of all the States shall be necessary to a choice. And if the House of Representatives shall not choose a President whenever the right of choice shall devolve upon them, before the fourth day of March next following, the Vice-President shall act as President, as in the case of the death, or other constitutional disability of the President.

2. The person having the greatest number of votes as Vice-President, shall be the Vice-President, if such number be a majority of the whole number of electors appointed; and if no person have a majority, then from the two highest numbers on the list, the Senate shall choose the Vice-President: a quorum for the purpose shall consist of two-thirds of the whole number of senators, and a majority of the whole number shall be necessary to a choice.

3. But no person constitutionally ineligible to the office of President, shall be eligible to that of Vice-President of the United States.

End of Vol. II

Volume Three—Chapter One

Canada

Of what advantage are the Canadas to England?

This question has been put to me, at least one hundred times since my return from America. It is argued that the Canadas produce and export nothing except timber, and that the protecting duty given to Canada timber is not only very severely felt by the mother-country, but very injurious to her foreign relations. These observations are undeniable; and I admit that, as a mere colony compelled to add to the wealth of England, (sending to her all her produce, and receiving from her all her supplies), Canada has been worth less than nothing. But, admitting this for the present, we will now examine whether there are no other grounds for the retention of the Canadas under our control.

Colonies are of value to the mother-country in two ways. The first is already mentioned, and in that way, the present advantage of the Canadas as colonies is abandoned. The other great importance of colonies is, that they may be considered as outports, as stepping-stones, as it were, over the whole world; and for the present I shall examine into the value of these possessions merely in this point of view. We have many islands or colonies under our subjection which are in themselves not only valueless, but, moreover, extremely expensive to us; and if every colony or island is to be valued merely according to the produce and advantage derived from it by the mother-country, we must abandon Heligoland, Ascension, St. Helena, Malta, and, even Gibraltar itself. All these, and some others, are, in point of commerce, valueless; yet they add much to the security of the country and to our dominion of the seas. This will be admitted, and we must therefore now examine how far the Canadas may be considered as valuable under this second point of view.

I have already shewn that the ambition for territory is one of the diseases, if I may use the term, of the American people. On that point they are insatiable, and that they covet the Canadas is undeniable. Let us inquire into the reasons why the Americans are so anxious to possess the Canadas.

There are many. In the first place, they do not like to have a people subjected to a monarchial form of government as their neighbours; they do not like that security of person and property, and a just administration of the law, should be found in a thinly-peopled province, while they cannot obtain those advantages under their own institutions. It is a reproach to them. They continually taunt the Canadians that they are the only portion of the New World who have not thrown off the yoke—the only portion who are not yet free; and this taunt has not been without its effect upon the unthinking portion of the community. What is the cause of this unusual sympathy? The question is already answered.

Another important reason which the Americans have for the possession of the Canadas is, that they are the means of easy retaliation on the part of England in case of aggression. They render them weak and assailable in case of war. Had they possession of the Canadas, and our other provinces, the United States would be almost invulnerable. As it is, they become defenceless to the north, and are moreover exposed to the attack of all the tribes of Indians concentrated on the western frontier. Indeed, they never will consider their territory as complete “in a ring fence,” as long as we have possession of the mouths of the St. Lawrence. They wish to be able to boast of an inland navigation from nearly the Equator to the Pole—from the entrance of the Mississippi to the exit of the St. Lawrence. Our possession of the Canadas is a check to their pride and ambition, which are both as boundless as the territory which they covet.

But there are other reasons equally important. It is their anxiety to become a manufacturing as well as a producing nation. Their object is, that the north should manufacture what the south produces; and that, instead of commercial relations with England, as at present, that American cotton-manufactures should be borne in American bottoms over all the world. This they consider is the great ultimatum to be arrived at, and they look forward to it as the source of immense wealth and increased security to the Union, and of their wresting from England the sceptre and dominion of the seas.

It may be said that the United States, if they want to become a manufacturing nation, have now the power; but such is not the case. Until they can completely shut out English manufactures, they have not. The price of labour is too dear. Should they increase the tariff, or duty, upon English goods, the Canadas and our other provinces will render their efforts useless, as we have a line of coast of upwards of 2,000 miles, by which we can introduce English goods to any amount by smuggling, and which it is impossible for the Americans to guard against; and as the West fills up, this importation of English goods would every year increase. As long, therefore, as we hold the Canadas, the Americans must be content to be a very inferior manufacturing nation to ourselves; and it may be added that now or never is the time for the Americans to possess themselves of the Canadas. They perceive this; for when once the Western States gain the preponderance in wealth and power, which they will in a few years, the cause of the Eastern, or manufacturing States will be lost. The Western States will not quarrel with England on account of the Eastern, but will import our goods direct in exchange for their produce. They themselves cannot manufacture and they will go to market where they can purchase cheapest.

But do the views of the Americans extend no further? Would they be satisfied if they obtained the Canadas? Most assuredly not. They are too vast in their ideas—too ambitious in their views. If Canada fell, Nova Scotia would fall, and they would obtain what they most covet—the harbour of Halifax. New Brunswick would fall, and they would have then driven us out of our Continental possessions. Would they stop then? No; they never would stop until they had driven the English to the other side of the Atlantic. Newfoundland and its fisheries would be their next prey; for it, as well as our other possessions, would then be defenceless. They would not leave us the West-Indies, although useless to them. Such is their object and their earnest desire—an increase of territory and power for themselves, and the humiliation of England. The very eagerness with which the Americans bring up this question on purpose that they may disavow their wishes, is one of the strongest proofs of their anxiety to blind us on the subject; but they will never lose sight of it; and if they thought they had any chance of success, there is no expense which they would not cheerfully incur, no war into which they would not enter. Let not the English be deceived by their asseverations. What I have now asserted is the fact. The same spirit which has actuated them in dispossessing the Indians of territories which they cannot themselves populate, which prompted the “high-handed theft” of the Texas from Mexico, will induce them to adopt any pretext, as soon as they think they have a chance, to seize upon the Canadas and our other transatlantic possessions.

If what I have stated be correct, and I am convinced of its truth myself, it will be evident that the Canadas, independent of every other consideration, become a most important outpost which we must defend and hold possession of. Let it be remembered that every loss to us, is an increase to the power of America—an increase to her security and to her maritime strength; that whatever her assertions may be, she is deadly hostile to us, from the very circumstance that she considers that we prevent her aggrandisement and prosperity. America can only rise to the zenith, which she would attain, by the fall of England, and every disaster to this country is to her a source of exultation. That there are many Americans of a contrary opinion I grant; that the city of New York would prefer the present amicable relations is certain; but I have here expressed the feelings of the majority, and it must be remembered that in America it is the majority who decide all questions.

To prove that I am not too severe upon the Americans in the above remarks, let me refer to their own printed documents.

The reader must be informed that the Canadian rebels, with their American auxiliaries, made incursions into our territory near the boundary-line, burnt the houses, took away the cattle, and left destitute those parties who were considered as loyal and well affected, or, in fact, those who refused to arm and join the rebels. When pursued by the militia, or other forces, the rebel parties hastened over the boundary-line, where they were secure under the American protection. This system of protection naturally irritated the loyal Canadians, who threatened to cross the boundary and attack the Americans in return. It was, however, only a threat, never being put in execution; but upon the strength of this threat, application was made to the Governor in the State of Vermont, requesting that the arms in the American arsenals might be supplied to the citizens for their protection. The Governor very properly refused, and issued a proclamation warning the citizens of Vermont not to interfere. This offended the majority, who forthwith called a meeting at St. Albans, the results of which were ordered to be printed and circulated. I have a copy of these reports and resolutions, from which I shall now give some extracts. Let it be observed that these are not the resolutions of a few lawless and undisciplined people, bordering on the lakes, as the sympathisers are stated to have been. The title of Honorable denotes that the parties are either Members of the State or Federal Governments; and, indeed, the parties whose names appear on the committee, are all of the first respectability in the State.

“Meeting of the Freemen at St. Albans.

“Agreeable to a notice circulated throughout the county, about forty-eight hours previous to the meeting, two thousand of the freemen from the different towns in the county assembled to take into consideration a recent proclamation of the Governor, and an extraordinary letter accompanying the same, and also to express their sentiments on Canadian affairs, especially such as have recently transpired in the neighbourhood of latitude forty-five degrees.

“Jeptha Bradley, Esquire, of St. Albans, was called to the chair, and, agreeable to a resolve of the meeting, appointed the Hon. SS Brown, Hon. Timothy Foster, and GW Kendall, Esquire, a committee to nominate officers.

“The following gentlemen were nominated and appointed:—

“Hon. Austin Fuller, of Enosburgh, President.

“Vice Presidents.”

Secretaries.

“The following gentlemen were appointed a committee to prepare a report and resolutions for the meeting:—”

“The letter of certain citizens of Burlington, and the proclamation of his Excellency, Silas H. Jennison, were then read by the Secretary, JJ Beardsley, Esquire After the reading of the letter and the proclamation the meeting was addressed by several gentlemen, in an eloquent and impressive manner, and their remarks severally called forth great applause.

“The committee, on resolutions by Henry Adams, Esquire, chairman, then presented the following report and resolutions, which were unanimously adopted.”

After having in the report stated that threats have been made, they then attack the legality of the Governor’s proclamation and conduct, as follows:—

“The committee have no evidence to show that the execution of the threats above-mentioned, or that any invasion of the rights of American citizens, would knowingly be permitted by the existing government in Canada, or approved of by a majority of the citizens in the Canadian townships; but when they bear in mind that civil law is suspended in Canada, and in its place are substituted the summary proceedings of military courts and the capricious wills of petty military officers; when they consider the excited and embittered feelings which prevail along the frontier, and which some have studied to inflame, and also the character of a portion of the population which borders upon our territory, they deem it not improbable that acts of violence might be attempted, and even that a gang of marauders might be gathered together, and led to make some petty invasion into our territory, disturbing the public peace, and committing acts of outrage. If this be deemed improbable, still a state of suspense and doubt is not to be endured. Every family on the frontier should live in a state of undisturbed repose. The ability not only to resist aggression, but to redress injuries with summary justice, furnishes a certain, if not the only guarantee of perfect quiet.

“With these views, at recent meetings of the people, a committee was appointed to wait upon the Governor and request the use of a part of the arms in the State arsenal. This request has been denied; and the reason assigned by his Excellency is, that he has doubts whether by law he can loan out the arms of the State to be used by the people of the State for their own defence. Without commenting on the technicalities which so much embarrass his Excellency, or inquiring into the wisdom of that construction of the law which infers, that because the State arms are to be kept fit for use, therefore they are not to be used, the committee would beg leave respectfully to suggest to the people that, inasmuch as they are to receive no aid from the State, it is their duty at once to arm themselves, and to rely upon themselves.

“While the governor has thus declined furnishing any aid for the security of the frontier, he has issued a proclamation enjoining upon the citizens of this State the observance of a strict neutrality between the hostile parties in Canada. The propriety of our Governor’s issuing a proclamation on an occasion like the present, merely advisory, may well be questioned. It neither creates any new obligations, nor adds force to those already resting on our citizens. When it is considered that our relations with foreign powers are solely confided to the general government, and that if the people of this State should boldly break the obligations of neutrality, the governor of the State has no power to restrain at to punish. It must be admitted, that a proclamation of neutrality issuing from our State executive seems to be over-stepping the proprieties of the office, and should be exercised, if at all, only in case of a general and glaring violation of the laws of nations; and even then it may reasonably be questioned whether the ordinary process of law would not be sufficient, and whether gratuitous advice to the people on the one hand, and gratuitous interference with the exclusive functions of the general government on the other, would become pertinent by being stamped with the official Seal of State. We are not aware of any express authority in our constitution or laws for the exercise of this novel mode of addressing the people; and it can only be justified on the ground, that the chief magistrate has something of fact or doctrine of importance to communicate, of which the people are supposed to be ignorant. In neither point of view is there any thing striking in this otherwise extraordinary document.

“No facts are set forth before unknown to the public, except that a representation has been made to his Excellency that ‘hostile forces had been organised within this State,’ of which organisation our citizens are profoundly ignorant.

“To the doctrine of this proclamation,—that the declaration of martial law, by Lord Gosford, changes the relations between the United States and Canada, we cannot assent. Our relations with Great Britain and her colonies rest upon treaties, and the general law of nations, which, it is believed, her Majesty’s Governor in Chief of Lower Canada can neither enlarge nor restrict.

“To assume that our citizens are ignorant of their rights and obligations as members of a neutral independent power, is to take for granted that they have forgotten the repeated infractions of those rights which have so often agitated our country since the adoption of Federal Constitution, which led to the late war with Great Britain, and which have given rise to claims of indemnity that are still due from various powers of Europe. Every page of the history of our country portrays violations of her neutral rights by the despotic and haughty powers of Europe, among whom England has ever been foremost. Your committee do not deem it necessary to enlarge upon this subject.”

After the report came the resolutions, a portion of which I subjoin:—

“Resolved—That the safety of the people is the supreme law, and we recommend to our citizens to arm themselves for the maintenance of this law.

“Resolved—That the proclamation of martial law in Canada, and placing arms in the hands of people unaccustomed to their use, hostile to our institutions, and heated by intestine dissensions, have a direct tendency to disturb the peace of our citizens, and demands the immediate interference of the general government.

“Resolved—That our government ought to take immediate measures to obtain redress for the injuries and insults perpetrated on our citizens by the people of Canada.

“Resolved—That as friends of human liberty and human rights, we cannot restrain the expression of our sympathy, when we behold an oppressed and heroic people unfurl the banner of freedom.

“Resolved—That we hope that time will soon come when the bayonet shall fail to sustain the last relic of royalty which now lingers on the western continent.

“Resolved—That we concur in the opinions which have been fully and freely expressed in the British parliament by eminent English statesmen; that ‘in the ordinary course of things, Canada must soon be separated from the mother country.’

“Resolved—That it is the duty of every independent American to aid in every possible manner, consistent with our laws, the exertions of the patriots in Lower Canada, against the tyranny, oppression, and misrule of a despotic government.”