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bieramar

Article IV, Constitution

Article. IV.

Section. 1.

Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State. And the Congress may by general Laws prescribe the Manner in which such Acts, Records and Proceedings shall be proved, and the Effect thereof.

Section. 2.

The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States.
A Person charged in any State with Treason, Felony, or other Crime, who shall flee from Justice, and be found in another State, shall on Demand of the executive Authority of the State from which he fled, be delivered up, to be removed to the State having Jurisdiction of the Crime.

No Person held to Service or Labour in one State, under the Laws thereof, escaping into another, shall, in Consequence of any Law or Regulation therein, be discharged from such Service or Labour, but shall be delivered up on Claim of the Party to whom such Service or Labour may be due╣.

Section. 3.

New States may be admitted by the Congress into this Union; but no new State shall be formed or erected within the Jurisdiction of any other State; nor any State be formed by the Junction of two or more States, or Parts of States, without the Consent of the Legislatures of the States concerned as well as of the Congress.

The Congress shall have Power to dispose of and make all needful Rules and Regulations respecting the Territory or other Property belonging to the United States; and nothing in this Constitution shall be so construed as to Prejudice any Claims of the United States, or of any particular State.

Section. 4.

The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened), against domestic Violence.
---- end, as ratified ---

Italicized paragraph╣ replaced by:

---
Section 1.

Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.

Section 2.

Congress shall have power to enforce this article by appropriate legislation.
---

AMENDMENT XIII
Passed by Congress January 31, 1865. Ratified December 6, 1865.
bieramar

John Adams

The most important issue addressed is "republican government" (also addressed by Congress in 1787 in the NorthWest Passage legislation, previously posted).

A portal to original documents on the development of republican government in the United States:
http://press-pubs.uchicago.edu/founders/tocs/v1ch4.html

An excerpt from John Adams, 1787:

"Others, again, more rationally, define a republic to signify only a government, in which all men, rich and poor, magistrates and subjects, officers and people, masters and servants, the first citizen and the last, are equally subject to the laws. This, indeed, appears to be the true and only true definition of a republic.

"The word res, every one knows, signified in the Roman language wealth, riches, property; the word publicus, quasi populicus, and per syncope p˘plicus, signified public, common, belonging to the people; res publica, therefore, was publica res, the wealth, riches, or property of the people.

"Res populi, and the original meaning of the word republic could be no other than a government in which the property of the people predominated and governed; and it had more relation to property than liberty.

"It signified a government, in which the property of the public, or people, and of every one of them, was secured and protected by law.

"This idea, indeed, implies liberty; because property cannot be secure unless the man be at liberty to acquire, use, or part with it, at his discretion, and unless he have his personal liberty of life and limb, motion and rest, for that purpose.

"It implies, moreover, that the property and liberty of all men, not merely of a majority, should be safe; for the people, or public, comprehends more than a majority, it comprehends all and every individual; and the property of every citizen is a part of the public property, as each citizen is a part of the public, people, or community.

"The property, therefore, of every man has a share in government, and is more powerful than any citizen, or party of citizens; it is governed only by the law.

"There is, however, a peculiar sense in which the words republic, commonwealth, popular state, are used by English and French writers; who mean by them a democracy, or rather a representative democracy; a "government in one centre, and that centre the nation;" that is to say, that centre a single assembly, chosen at stated periods by the people, and invested with the whole sovereignty; the whole legislative, executive, and judicial power, to be exercised in a body, or by committees, as they shall think proper."
---

Entire essay: http://press-pubs.uchicago.edu/founders/documents/v1ch4s10.html

===
Often these days (21st century) political activists wave the flag of "We're a republic, not a democracy" with rarely a clue of how the Founders defined those words and concepts.

Adams' essay excerpted here defines both, and illustrates the common theme - from the first Congress of 1774 (previously posted) of the interconnections in the 18th century minds of "property," "liberty," "happiness," "common good," and "freedom."
bieramar

Madison pleaded his case for a republican form of government on two occasions at the Convention in 1787, and Hamilton once:

--- excerpts ---


6 June 1787
---
Mr. Madison considered an election of one branch at least of the Legislature by the people immediately, as a clear principle of free Govt. and that this mode under proper regulations had the additional advantage of securing better representatives, as well as of avoiding too great an agency of the State Governments in the General one.--

He differed from the member from Connecticut (Mr. Sherman) in thinking the objects mentioned to be all the principal ones that required a National Govt. Those were certainly important and necessary objects; but he combined with them the necessity, of providing more effectually for the security of private rights, and the steady dispensation of Justice.

Interferences with these were evils which had more perhaps than any thing else, produced this convention.


Was it to be supposed that republican liberty could long exist under the abuses of it practiced in some of the States. The gentleman (Mr. Sherman) had admitted that in a very small State, faction & oppression wd. prevail. It was to be inferred then that wherever these prevailed the State was too small. Had they not prevailed in the largest as well as the smallest tho' less than in the smallest; and were we not thence admonished to enlarge the sphere as far as the nature of the Govt. would admit.

This was the only defence agst. the inconveniences of democracy consistent with the democratic form of Govt. All civilized Societies would be divided into different Sects, Factions, & interests, as they happened to consist of rich & poor, debtors & creditors, the landed the manufacturing, the commercial interests, the inhabitants of this district, or that district, the followers of this political leader or that political leader, the disciples of this religious sect or that religious sect.

In all cases where a majority are united by a common interest or passion, the rights of the minority are in danger.

What motives are to restrain them?

A prudent regard to the maxim that honesty is the best policy is found by experience to be as little regarded by bodies of men as by individuals.

Respect for character is always diminished in proportion to the number among whom the blame or praise is to be divided.

Conscience, the only remaining tie is known to be inadequate in individuals: In large numbers, little is to be expected from it.

Besides, Religion itself may become a motive to persecution & oppression.--

These observations are verified by the Histories of every Country antient & modern. In Greece & Rome the rich & poor, the creditors & debtors, as well as the patricians & plebeians alternately oppressed each other with equal unmercifulness....

Why was America so justly apprehensive of Parliamentary injustice? Because G. Britain had a separate interest real or supposed, & if her authority had been admitted, could have pursued that interest at our expense.

We have seen the mere distinction of colour made in the most enlightened period of time, a ground of the most oppressive dominion ever exercised by man over man. What has been the source of those unjust laws complained of among ourselves?

Has it not been the real or supposed interest of the major number?

Debtors have defrauded their creditors. The landed interest has borne hard on the mercantile interest. The Holders of one species of property have thrown a disproportion of taxes on the holders of another species.

The lesson we are to draw from the whole is that where a majority are united by a common sentiment and have an opportunity, the rights of the minor party become insecure.

In a Republican Govt. the Majority if united have always an opportunity.

The only remedy is to enlarge the sphere, & thereby divide the community into so great a number of interests & parties, that in the 1st. place a majority will not be likely at the same moment to have a common interest separate from that of the whole or of the minority; and in the 2d. place, that in case they shd. have such an interest, they may not be apt to unite in the pursuit of it.

It was incumbent on us then to try this remedy, and with that view to frame a republican system on such a scale & in such a form as will controul all the evils wch. have been experienced.
--- end Madison ---

On 18 June 1787 Alexander Hamilton spoke.

---
[Mr. Hamilton.] This view of the subject almost led him to despair that a Republican Govt. could be established over so great an extent. He was sensible at the same time that it would be unwise to propose one of any other form....

In every community where industry is encouraged, there will be a division of it into the few & the many. Hence separate interests will arise There will be debtors & Creditors &c. Give all power to the many, they will oppress the few. Give all power to the few they will oppress the many.

Both therefore ought to have power, that each may defend itself agst. the other. To the want of this check we owe our paper money--instalment laws &c...

Gentlemen differ in their opinions concerning the necessary checks, from the different estimates they form of the human passions. They suppose Seven years a sufficient period to give the Senate an adequate firmness, from not duly considering the amazing violence & turbulence of the democratic spirit. When a great object of Govt. is pursued, which seizes the popular passions, they spread like wild fire, and become irresistable. He appealed to the gentlemen from the N. England States whether experience had not there verified the remark.

As to the Executive, it seemed to be admitted that no good one could be established on Republican principles. Was not this giving up the merits of the question; for can there be a good Govt. without a good Executive....

...one of the weak sides of Republics was their being liable to foreign influence & corruption.  Men of little character, acquiring great power become easily the tools of intermedling neibours. Sweeden was a striking instance. The French & English had each their parties during the late Revolution which was effected by the predominant influence of the former.

What is the inference from all these observations?

That we ought to go as far in order to attain stability and permanency, as republican principles will admit. Let one branch of the Legislature hold their places for life or at least during good-behaviour.

Let the Executive also be for life. He appealed to the feelings of the members present whether a term of seven years, would induce the sacrifices of private affairs which an acceptance of public trust would require, so so as to ensure the services of the best Citizens.

On this plan we should have in the Senate a permanent will, a weighty interest, which would answer essential purposes.

But is this a Republican Govt. it will be asked?

Yes, if all the Magistrates are appointed, and vacancies are filled, by the people, or a process of election originating with the people.
--- end Hamilton ---

Madison again, on 26 June 1787

---
Mr. Madison. In order to judge of the form to be given to this institution [the second branch of the legislature], it will be proper to take a view of the ends to be served by it. These were first to protect the people agst. their rulers: secondly to protect the people agst. the transient impressions into which they themselves might be led.

A people deliberating in a temperate moment, and with the experience of other nations before them, on the plan of Govt. most likely to secure their happiness, would first be aware, that those chargd. with the public happiness, might betray their trust.

An obvious precaution agst. this danger wd. be to divide the trust between different bodies of men, who might watch & check each other. In this they wd. be governed by the same prudence which has prevailed in organizing the subordinate departments of Govt. where all business liable to abuses is made to pass thro' separate hands, the one being a check on the other.

It wd. next occur to such a people, that they themselves were liable to temporary errors, thro' want of information as to their true interest, and that men chosen for a short term, & employed but a small portion of that in public affairs, might err from the same cause.

This reflection wd. naturally suggest that the Govt. be so constituted, as that one of its branches might have an oppy. of acquiring a competent knowledge of the public interests.

Another reflection equally becoming a people on such an occasion, wd. be that they themselves, as well as a numerous body of Representatives, were liable to err also, from fickleness and passion. A necessary fence agst. this danger would be to select a portion of enlightened citizens, whose limited number, and firmness might seasonably interpose agst. impetuous counsels.

It ought finally to occur to a people deliberating on a Govt. for themselves, that as different interests necessarily result from the liberty meant to be secured, the major interest might under sudden impulses be tempted to commit injustice on the minority.

In all civilized Countries the people fall into different classes havg. a real or supposed difference of interests. There will be creditors & debtors, farmers, merchts. & manufacturers. There will be particularly the distinction of rich & poor. It was true as had been observed. (by Mr Pinkney) we had not among us those hereditary distinctions, of rank which were a great source of the contests in the ancient Govts. as well as the modern States of Europe, nor those extremes of wealth or poverty which characterize the latter.

We cannot however be regarded even at this time, as one homogeneous mass, in which every thing that affects a part will affect in the same manner the whole. In framing a system which we wish to last for ages, we shd. not lose sight of the changes which ages will produce.

An increase of population will of necessity increase the proportion of those who will labour under all the hardships of life, & secretly sigh for a more equal distribution of its blessings. These may in time outnumber those who are placed above the feelings of indigence. According to the equal laws of suffrage, the power will slide into the hands of the former.

No agrarian attempts have yet been made in this Country, but symptoms of a leveling spirit, as we have understood, have sufficiently appeared in a certain quarters to give notice of the future danger.

How is this danger to be guarded agst. on republican principles?

How is the danger in all cases of interested co-alitions to oppress the minority to be guarded agst.?

Among other means by the establishment of a body in the Govt. sufficiently respectable for its wisdom & virtue, to aid on such emergencies, the preponderance of justice by throwing its weight into that scale....

...he should require that the long term allowed to the 2d. branch should not commence till such a period of life as would render a perpetual disqualification to be re-elected little inconvenient either in a public or private view.

He observed that as it was more than probable we were now digesting a plan which in its operation wd. decide forever the fate of Republican Govt we ought not only to provide every guard to liberty that its preservation cd. require, but be equally careful to supply the defects which our own experience had particularly pointed out.
----

Complete text of the three speeches: http://press-pubs.uchicago.edu/founders/print_documents/v1ch4s12.htm

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