Showing posts with label Continental Congress. Show all posts
Showing posts with label Continental Congress. Show all posts

Sunday, September 6, 2015

Constitutional Corner - And the Myths Go On

By:  Gary Porter

I have to hand it to Fairfax Free Citizen, their intrepid insistence that both sides of the Article V Convention issue be given an fair hearing is highly commendable.   Where else, I ask, do you find a site willing to put up with the flood of comments that a Convention of the States article, pro or con, invariably generates?
 
I was pondering what to write about this week when Judi Caler made it an easy decision: Convention of the States (COS).  Ms. Caler published a rather inept reply to an article posted by Rita Dunaway of the COS Project on the Blaze website.  Caler claims that Dunaway challenges five “myths” which are actually true, “while invoking at least 9 myths of her own.”  Call it “The Dueling Myths” exchange if you will.
 
I will deal with Caler’s claims in a moment.  First, I want to get two issues out of the way: this name thing, and the “runaway convention” claim.
 
I realize that even using that term (COS) make some conservatives apoplectic.  So be it.  What’s in a name?   I don’t care what you call it; Constitutional Convention (I don’t believe it fits Black’s definition of same since it has no power to “frame, revise or amend” the Constitution, only propose amendments, but I’m not hung up on the name), Convention of the States (that’s certainly one way of looking at the event), Article V Convention (aka “A5C,” the best label if you ask me, but then you didn’t).
 
The term “Convention of the States” was birthed (as far as I know) in a letter sent on February 21, 1783 by Major General Henry Knox to his old friend … (continue reading on constitutionleadership.org)

Saturday, October 18, 2014

FEDERALIST PAPERS No. 49. Method of Guarding Against the Encroachments of Any One Department of Government by Appealing to the People Through a Convention.

For the Independent Journal. Saturday, February 2, 1788.

To the People of the State of New York:
THE author of the "Notes on the State of Virginia," quoted in the last paper, has subjoined to that valuable work the draught of a constitution, which had been prepared in order to be laid before a convention, expected to be called in 1783, by the legislature, for the establishment of a constitution for that commonwealth. The plan, like every thing from the same pen, marks a turn of thinking, original, comprehensive, and accurate; and is the more worthy of attention as it equally displays a fervent attachment to republican government and an enlightened view of the dangerous propensities against which it ought to be guarded. One of the precautions which he proposes, and on which he appears ultimately to rely as a palladium to the weaker departments of power against the invasions of the stronger, is perhaps altogether his own, and as it immediately relates to the subject of our present inquiry, ought not to be overlooked.
His proposition is, "that whenever any two of the three branches of government shall concur in opinion, each by the voices of two thirds of their whole number, that a convention is necessary for altering the constitution, or CORRECTING BREACHES OF IT, a convention shall be called for the purpose."
As the people are the only legitimate fountain of power, and it is from them that the constitutional charter, under which the several branches of government hold their power, is derived, it seems strictly consonant to the republican theory, to recur to the same original authority, not only whenever it may be necessary to enlarge, diminish, or new-model the powers of the government, but also whenever any one of the departments may commit encroachments on the chartered authorities of the others. The several departments being perfectly co-ordinate by the terms of their common commission, none of them, it is evident, can pretend to an exclusive or superior right of settling the boundaries between their respective powers; and how are the encroachments of the stronger to be prevented, or the wrongs of the weaker to be redressed, without an appeal to the people themselves, who, as the grantors of the commissions, can alone declare its true meaning, and enforce its observance?
There is certainly great force in this reasoning, and it must be allowed to prove that a constitutional road to the decision of the people ought to be marked out and kept open, for certain great and extraordinary occasions. But there appear to be insuperable objections against the proposed recurrence to the people, as a provision in all cases for keeping the several departments of power within their constitutional limits.
In the first place, the provision does not reach the case of a combination of two of the departments against the third. If the legislative authority, which possesses so many means of operating on the motives of the other departments, should be able to gain to its interest either of the others, or even one third of its members, the remaining department could derive no advantage from its remedial provision. I do not dwell, however, on this objection, because it may be thought to be rather against the modification of the principle, than against the principle itself.
In the next place, it may be considered as an objection inherent in the principle, that as every appeal to the people would carry an implication of some defect in the government, frequent appeals would, in a great measure, deprive the government of that veneration which time bestows on every thing, and without which perhaps the wisest and freest governments would not possess the requisite stability. If it be true that all governments rest on opinion, it is no less true that the strength of opinion in each individual, and its practical influence on his conduct, depend much on the number which he supposes to have entertained the same opinion. The reason of man, like man himself, is timid and cautious when left alone, and acquires firmness and confidence in proportion to the number with which it is associated. When the examples which fortify opinion are ANCIENT as well as NUMEROUS, they are known to have a double effect. In a nation of philosophers, this consideration ought to be disregarded. A reverence for the laws would be sufficiently inculcated by the voice of an enlightened reason. But a nation of philosophers is as little to be expected as the philosophical race of kings wished for by Plato. And in every other nation, the most rational government will not find it a superfluous advantage to have the prejudices of the community on its side.
The danger of disturbing the public tranquillity by interesting too strongly the public passions, is a still more serious objection against a frequent reference of constitutional questions to the decision of the whole society. Notwithstanding the success which has attended the revisions of our established forms of government, and which does so much honor to the virtue and intelligence of the people of America, it must be confessed that the experiments are of too ticklish a nature to be unnecessarily multiplied. We are to recollect that all the existing constitutions were formed in the midst of a danger which repressed the passions most unfriendly to order and concord; of an enthusiastic confidence of the people in their patriotic leaders, which stifled the ordinary diversity of opinions on great national questions; of a universal ardor for new and opposite forms, produced by a universal resentment and indignation against the ancient government; and whilst no spirit of party connected with the changes to be made, or the abuses to be reformed, could mingle its leaven in the operation. The future situations in which we must expect to be usually placed, do not present any equivalent security against the danger which is apprehended.
But the greatest objection of all is, that the decisions which would probably result from such appeals would not answer the purpose of maintaining the constitutional equilibrium of the government. We have seen that the tendency of republican governments is to an aggrandizement of the legislative at the expense of the other departments. The appeals to the people, therefore, would usually be made by the executive and judiciary departments. But whether made by one side or the other, would each side enjoy equal advantages on the trial? Let us view their different situations. The members of the executive and judiciary departments are few in number, and can be personally known to a small part only of the people. The latter, by the mode of their appointment, as well as by the nature and permanency of it, are too far removed from the people to share much in their prepossessions. The former are generally the objects of jealousy, and their administration is always liable to be discolored and rendered unpopular. The members of the legislative department, on the other hand, are numerous. They are distributed and dwell among the people at large. Their connections of blood, of friendship, and of acquaintance embrace a great proportion of the most influential part of the society. The nature of their public trust implies a personal influence among the people, and that they are more immediately the confidential guardians of the rights and liberties of the people. With these advantages, it can hardly be supposed that the adverse party would have an equal chance for a favorable issue.
But the legislative party would not only be able to plead their cause most successfully with the people. They would probably be constituted themselves the judges. The same influence which had gained them an election into the legislature, would gain them a seat in the convention. If this should not be the case with all, it would probably be the case with many, and pretty certainly with those leading characters, on whom every thing depends in such bodies. The convention, in short, would be composed chiefly of men who had been, who actually were, or who expected to be, members of the department whose conduct was arraigned. They would consequently be parties to the very question to be decided by them.
It might, however, sometimes happen, that appeals would be made under circumstances less adverse to the executive and judiciary departments. The usurpations of the legislature might be so flagrant and so sudden, as to admit of no specious coloring. A strong party among themselves might take side with the other branches. The executive power might be in the hands of a peculiar favorite of the people. In such a posture of things, the public decision might be less swayed by prepossessions in favor of the legislative party. But still it could never be expected to turn on the true merits of the question. It would inevitably be connected with the spirit of pre-existing parties, or of parties springing out of the question itself. It would be connected with persons of distinguished character and extensive influence in the community. It would be pronounced by the very men who had been agents in, or opponents of, the measures to which the decision would relate. The PASSIONS, therefore, not the REASON, of the public would sit in judgment. But it is the reason, alone, of the public, that ought to control and regulate the government. The passions ought to be controlled and regulated by the government.
We found in the last paper, that mere declarations in the written constitution are not sufficient to restrain the several departments within their legal rights. It appears in this, that occasional appeals to the people would be neither a proper nor an effectual provision for that purpose. How far the provisions of a different nature contained in the plan above quoted might be adequate, I do not examine. Some of them are unquestionably founded on sound political principles, and all of them are framed with singular ingenuity and precision.
PUBLIUS

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Wednesday, May 7, 2014

DECLARATION OF COLONIAL RIGHTS

RESOLUTIONS OF THE FIRST CONTINENTAL CONGRESS


OCTOBER 14, 1774 [1]
[Following the Boston Tea Party and the adoption of the Intolerable Acts, delegates gathered on September 5, 1774, at Philadelphia, in what was to become the First Continental Congress. Every colony but Georgia was represented. They voted on September 6 to appoint a committee "to state the rights of the Colonies in general, the several instances in which these rights are violated or infringed, and the means most proper to be pursued for obtaining a restoration of them" (Journals of the Continental Congress, 1774-1789, Washington, 1904, I, 26).
Joseph Galloway (173l -1803), a Philadelphia merchant and lawyer, led a conservative attempt to unite the colonies within the Empire. He had served as speaker of the Pennsylvania Assembly from 1776 to 1774. In the war Galloway supported the British cause and after 1778 became spokesman for the Loyalists in England. In the First Continental Congress the more radical delegates thrust aside Galloway's proposal and on October 14 adopted instead, by unanimous action, the Declaration of Colonial Rights reproduced here. The first draft of these resolutions was written by Major John Sullivan (1740-95 ), delegate from New Hampshire, lawyer, major of the New Hampshire militia, major general in the Continental Army, judge, and eventually governor of his state.
Before they dissolved, on October 26, the members voted to meet again in the same city on May 10, 1775, "unless the redress of grievances ... be obtained before that time" (ibid., p. 102).]

The Congress met according to adjournment, and resuming the consideration of the subject under debate -- came into the following resolutions:
SULLIVAN'S DRAUGHT
... Whereas, since the close of the last war, the British Parliament, claiming a power of right to bind the people of America, by statute in all cases whatsoever, hath in some acts expressly imposed taxes on them, and in others, under various pretenses, but in fact for the purpose of raising a revenue, hath imposed rates and duties payable in these colonies, established a board of commissioners, with unconstitutional powers, and extended the jurisdiction of courts of admiralty, not only for collecting the said duties, but for the trial of causes merely arising within the body of a county.
And whereas, in consequence of other statutes, judges, who before held only estates at will in their offices, have been made dependent upon the crown alone for their salaries, and standing armies kept in times of peace:
And it has lately been resolved in Parliament, that by force of a statute, made in the thirty-fifth year of the reign of King Henry the Eighth, colonists may be transported to England, and tried there upon accusations for treasons, and misprisions, or concealments of treasons committed in the colonies; and by a late statute, such trials have been directed in cases therein mentioned.
And whereas, in the last session of Parliament, three statutes were made; one, entitled "An act to discontinue, in such manner and for such time as are therein mentioned, the landing and discharging, lading, or shipping of goods, wares and merchandise, at the town, and within the harbor of Boston, in the province of Massachusetts Bay, in North America"; another, entitled "An act for the better regulating the government of the province of the Massachusetts Bay in New England"; and another, entitled "An act for the impartial administration of justice, in the cases of persons questioned for any act done by them in the execution of the law, or for the suppression of riots and tumults, in the province of the Massachusetts Bay, in New England." And another statute was then made, "for making more effectual provision for the government of the province of Quebec, etc." All which statutes are impolitic, unjust, and cruel, as well as unconstitutional, and most dangerous and destructive of American rights.
And whereas, assemblies have been frequently dissolved, contrary to the rights of the people, when they attempted to deliberate on grievances; and their dutiful, humble, loyal, and reasonable petitions to the crown for redress have been repeatedly treated with contempt by His Majesty's ministers of state:
The good people of the several colonies of New Hampshire, Massachusetts Bay, Rhode Island and Providence Plantations, Connecticut, New York, New Jersey, Pennsylvania, Newcastle, Kent and Sussex on Delaware, Maryland, Virginia, North Carolina, and South Carolina, justly alarmed at these arbitrary proceedings of Parliament and administration, have severally elected, constituted, and appointed deputies to meet and sit in General Congress, in the city of Philadelphia, in order to obtain such establishment, as that their religion, laws, and liberties may not be subverted:
Whereupon the deputies so appointed being now assembled, in a full and free representation of these colonies, taking into their most serious consideration, the best means of attaining the ends aforesaid, do, in the first place, as Englishmen, their ancestors in like cases have usually done, for asserting and vindicating their rights and liberties, declare,
That the inhabitants of the English Colonies in North America, by the immutable laws of nature, the principles of the English constitution, and the several charters or compacts, have the following rights:
Resolved, N.C.D. [2] 1. That they are entitled to life, liberty, and property, and they have never ceded to any sovereign power whatever, a right to dispose of either without their consent.
Resolved, N.C.D. 2. That our ancestors, who first settled these colonies, were, at the time of their emigration from the mother-country, entitled to all the rights, liberties, and immunities of free and natural-born subjects, within the realm of England.
Resolved, N.C.D. 3. That by such emigration they by no means forfeited, surrendered, or lost any of those rights, but that they were, and their descendants now are, entitled to the exercise and en joyment of all such of them, as their local and other circumstances enable them to exercise and enjoy.
Resolved, 4. That the foundation of English liberty, and of all free government, is a right in the people to participate in their legislative council: and as the English colonists are not represented, and from their local and other circumstances, cannot properly be represented in the British Parliament, they are entitled to a free and exclusive power of legislation in their several provincial legislatures, where their right of representation can alone be preserved, in all cases of taxation and internal polity, subject only to the negative of their sovereign, in such manner as has been heretofore used and accustomed. But, from the necessity of the case, and a regard to the mutual interest of both countries, we cheerfully consent to the operation of such acts of the British Parliament, as are bona fide, restrained to the regulation of our external commerce, for the purpose of securing the commercial advantages of the whole empire to the mother-country, and the commercial benefits of its respective members; excluding every idea of taxation, internal or external, for raising a revenue on the subjects in America, without their consent.
Resolved, N.C.D. 5. That the respective colonies are entitled to the common law of England, and more especially to the great and inestimable privilege of being tried by their peers of the vicinage, according to the course of that law.
Resolved, 6. That they are entitled to the benefit of such of the English statutes as existed at the time of their colonization; and which they have, by experience, respectively found to be applicable to their several local and other circumstances.
Resolved, N.C.D. 7. That these His Majesty's colonies, are likewise entitled to all the immunities and privileges granted and confirmed to them by royal charters, or secured by their several codes of provincial laws.
Resolved, N.C.D. 8. That they have a right peaceably to assemble, consider of their grievances, and petition the king; and that all prosecutions, prohibitory proclamations, and commitments for the same are illegal.
Resolved, N.C.D. 9. That the keeping a standing army in these colonies, in times of peace, without the consent of the legislature of that colony, in which such army is kept, is against law.
Resolved, N.C.D. 10. It is indispensably necessary to good government, and rendered essential by the English constitution, that the constituent branches of the legislature be independent of each other; that, therefore, the exercise of the legislative power in several colonies, by a council appointed, during pleasure, by the crown, is unconstitutional, dangerous, and destructive to the freedom of American legislation.
All and each of which the aforesaid deputies, in behalf of themselves and their constituents, do claim, demand, and insist on, as their indubitable rights and liberties; which cannot be legally taken from them, altered or abridged by any power whatever, without their own consent, by their representatives in their several provincial legislatures.
In the course of our inquiry, we find many infringements and violations of the foregoing rights, which, from an ardent desire, that harmony and mutual intercourse of affection and interest may be restored, we pass over for the present, and proceed to state such acts and measures as have been adopted since the last war, which demonstrate a system formed to enslave America.
Resolved, N.C.D. That the following acts of Parliament are infringements and violations of the rights of the colonists; and that the repeal of them is essentially necessary in order to restore harmony between Great Britain and the American colonies, viz.:
The several acts of 4 Geo. 3, ch. 15, and ch. 34. -- 5 Geo. 3, ch. 25. -- 6 Geo. 3, ch. 52. -- 7 Geo. 3, ch. 41, and ch. 46. -- 8 Geo. 3, ch. 22, which impose duties for the purpose of raising a revenue in America, extend the powers of the admiralty courts beyond their ancient limits, deprive the American subject of trial by jury, authorize the judges' certificate to indemnify the prosecutor from damages, that he might otherwise be liable to, requiring oppressive security from a claimant of ships and goods seized, before he shall be allowed to defend his property, and are subversive of American rights.
Also the 12 Geo. 3, ch. 24, entitled "An act for the better securing His Majesty's dockyards, magazines, ships, ammunition, and stores," which declares a new offense in America, and deprives the American subject of a constitutional trial by a jury of the vicinage, by authorizing the trial of any person, charged with the committing any offense described in the said act, out of the realm, to be indicted and tried for the same in any shire or county within the realm.
Also the three acts passed in the last session of Parliament, for stopping the port and blocking up the harbor of Boston, for altering the charter and government of the Massachusetts Bay, and that which is entitled "An act for the better administration of justice," etc.
Also the act passed in the same session for establishing the Roman Catholic religion in the Province of Quebec, abolishing the equitable system of English laws, and erecting a tyranny there, to the great danger, from so total a dissimilarity of religion, law, and government of the neighboring British colonies, by the assistance of whose blood and treasure the said country was conquered from France.
Also the act passed in the same session for the better providing suitable quarters for officers and soldiers in His Majesty's service in North America.
Also, that the keeping a standing army in several of these colonies, in time of peace, without the consent of the legislature of that colony in which such army is kept, is against law.
To these grievous acts and measures, Americans cannot submit, but in hopes that their fellow-subjects in Great Britain will, on a revision of them, restore us to that state in which both countries found happiness and prosperity, we have for the present only resolved to pursue the following peaceable measures:
Resolved, unanimously, That from and after the first day of December next, there be no importation into British America, from Great Britain or Ireland of any goods, wares or merchandise whatsoever, or from any other place of any such goods, wares or merchandise. [3]
1st. To enter into a nonimportation, nonconsumption, and nonexportation agreement or association.
2. To prepare an address to the people of Great Britain, and a memorial to the inhabitants of British America, and
3. To prepare a loyal address to His Majesty; agreeable to resolutions already entered into.
____________
1. Journals of the Continental Congress, 1774-1789 (Washington, 1904), I, 63-73.
2. I.e., nemine contradicente, meaning without a dissenting vote or unanimously. Commenting on these proceedings before a committee of the British House of Commons, in June, 1779, Galloway stated that, although the resolutions were recorded as having been passed unanimously, this meant not that they were approved by every member present but by a majority of each delegation (The Examination of Joseph Galloway ... before the House of Commons ... , 2d ed.; London, 1780, p. 61).
3. This paragraph was struck out.


The End.
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Monday, August 19, 2013

Concerning Dangers from Foreign Force and Influence - The Federalist Papers No 2


Federalist Papers no 2 - Concerning Danger From Foreign Forces and Influence" target="_blank">Federalist Papers no 2 - Concerning Danger From Foreign Forces and Influence from Chuck Thompson


Liberty Education Series here on GVLN.  The Federalist Papers, number 2 from John Jay.  To read the above more easily, please click the icon at the bottom right hand corner of the container and the document will open to full screen.  Free downloads are available of this document.  You will have to sign in to SlideShare through either a Facebook account or LinkedIn account or you can create a free account on SlideShare to get your free copy.

  After the American Revolution, it became clear early on that the present Continental Congress had many flaws.  These needed to be fixed as fast as possible.  Arguments were all over the board.  The Federalist Papers and the Anti Federalist Papers were the major arguments of the day.  We are presenting both arguments on this site so that there is a very clear perspective of what it took to build this nation.  Even though the American Revolution was over, new troubles everywhere were only beginning.

English: Title page of the first printing of t...
English: Title page of the first printing of the Federalist Papers. Deutsch: Titelseite des Erstdrucks der Federalist Papers aus dem Jahre 1788. (Photo credit: Wikipedia)


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Monday, July 22, 2013

Nathan Hale, I only regret that I have but one life to lose for my country



Liberty's Kids episode number 16 featuring Nathan Hale with his famous defiance of the British.  "I regret that I have but one life to lose for my country". He defied the British to his last breath.  What you do not learn anymore in schools.



Nathan Hale One Life To Lose from Chuck Thompson


Read Nathan Hale's story right here.  This special e-book includes rare pictures and Nathan Hale's commission by the Continental Congress, signed by John Hancock.  You can download a copy on our SlideShare site or right here.

http://www.putlocker.com/file/3870C32253BE9A59  

Free download link.  PDF file format.  8.8 megs in size.  Full e-book.



WLA brooklynmuseum Nathan Hale bronze
WLA brooklynmuseum Nathan Hale bronze (Photo credit: Wikipedia)

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Thursday, July 4, 2013

The Writing And Signing of The Declaration of Independence



Here is a story on what our forefathers went through in deciding the fate of our nation.  Who would have the courage to do the same today?  Our Independence is quickly disappearing and soon the 4th of July will have little to no meaning at all other than a day that we blow off fireworks for some odd and unknown reason.

  History is no longer taught the way it once was and the stories of our nation are disappearing quickly.  Let us at least take a few moments to reflect what the 4th of July and American Independence really means.
Peacemaker - By Chuck Thompson of TTC Media
Peacemaker - By Chuck Thompson of TTC Media (Photo credit: Battleofthehook)
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