I 458 LIBRARY OF CONGRESS DD0017H3Efl4 s*v ^ • • • joj ^ %- '•-" ^y ^^^^^' *=b -^0^ .-?^ .40^ ^^-^^ ^^THE STATE OF THE COUNTRY; AN ORATION DELIVERED AT BUFFALO, JULY 4th, 1862, BY WALTER CLARKE. D. D. BUFFALO: PUBLISHEn BY BREED, BUTLER & CO., 188 MAIN STREET, 1862. x(^^^- "THE STATE OF THE COUNTRY;^ AN ORATIO DELIVERED AT BUFFALO, JULY 4th, 1862, BY WALTER CLARKE, D. D. BUFFALO: PUBLISHED BY BREED, BUTLER & CO., 188 MAIN STREET. 18 62, ^yy ir^2_ JOSEI'H VVARIIEN & GO'S STEAM PRINTING HOUSE, ORATION Mr. Mayor, Gentlemen of the Common Council, and Fellow Citizens: — We celebrate to-day, the Eighty-sixth Anniversary of our National Independence. And were the country in a more peaceful and pro.sperous state, duty to the past would doubtless require that we should make the occasion a festival of memory', rehearsing with grateful eulogy and patriotic pride, the deeds by which our fathers achieved immortality for themselves, and left to us, as a precious and pei'petual legacy, a free State — an open School — and a Church — the seminary of virtue, the citadel of truth. But the Republic, which came into existence, in that first act of independence, has reached at length the period of its second na- tivity: and existing events fraught with all imaginable destinies for the future, summon lis from the cradle, where Liberty was born, to the scene of present agony, where tbe same Liberty is passing through the anguish and the fear of a second birth. I have thought, therefore, fellow citizens, that I might best ac- complish the grateful task to which your good will has called me to day, by avoiding all the common places which have made this anniversary so fantastic in former times, and setting before you an earnest, and so far as T can make it, a thorough exposition of the present state of the country. 6 ORATION. What is the meaning of this huge and frightful revolt which has driven the States of the South into madness, and treason and war? Has our once united and happy country come so soon to its death struggle? Is Time the enemy of freedom, and are Republics the children of disease, doomed to a brief existence and a violent end ? Are the powers of inevitable destruction setting in from the South? Or is the mighty life of the North, rushing with a gene- rous impetuosity into the distempered members, and flooding the whole body of the State with a new vitality? What is the his- toric significance, and what the true solution of this great National convulsion ? To such inquiries we devote the present hour. The American Independence was the birth — fur us — and for all the Nations, of true liberty. For centuries the idea had been slowly shaping itself, in the minds of martyrs, and patriots, and sages, till when it was fully ripe, it broke forth and became one of the fixed realities of time. True liberty, I say, for it is essential to any just estimate of our"fathers, or any correct understanding of the institutions which they founded, to distinguish two very diftorent kinds of Popular Freedom. All vices, of individuals and nations — all despotisms, single or collective — whatever errors men embrace, whatever crimes they cultivate, whatever tyrannies they befriend — all these pernicious and unhuly things, demand for their accommodation, an unlawful license — liberty to exist, liberty to expatiate, liberty to lay waste. Here is one kind of freedom — freedom for thino's that are injuri- ous, and unlawful, and base This kind of liberty had been long in the world — to the grief of nations, to the ruin of governments. Our fathers believed that it was time to introduce a new order into the course of this world: time to lay restraint on oppression, and give liberty to that which benefits and erniobles man. Flying therefore to this far-off Continent, which seemed to have been waiting through all the centuries for their arrival, they said — "this ORATIOy- 7 shall be the home of (he new liberty; here we will build an em- Y>'vG in which all just and beniticent things shall have freedom; and all other things hindrance and censure and restraint." It should never be forgotten, that the only liberty which the founders of this Republic sought for themselves, or won for us, was a lawful liberty ; enfranchisement for whatever ennobles au'l bene- fits the race. And, that they might not be misunderstood in a matter so fun- damental, and might not let loose upon this great Continent, under the name of liberty, the elements of universal misrule, they care- fully determined the limits, and wrote down the boundaries within ■which American freedom should forever reside. Master-builders as they were, they ei'ected around every estate, and privilege, and right, and person, the barrier of a well defined constitution ; the bulwark of intelligible and authoritative law. American Liberty, therefore, is not liberty in any absolute, am- biguous or universal sense — is not the liberty which demagogues covet, or reprobates conceive, or rebels assert. It is a defined, a limited, a legitimate, a constitutional liberty. Having achieved this form of freedom and desiring to detain the invisible guest in some fit inclosure, our fathers set tip the constitution. And that single instrument is the sanctuary and stronghold of Ficedom, not for this Continent alone, but for the whole world as well. When that goes down, Liberty having no fortress and no shelter on earth, will escape to the skies from which she came. But the founders of the Republic understood as we do, that it was essential to the stability of a free government, nay to its very existence indeed, that libeity should be balanced and harmonized by another sentiment of equal strength and equal puritj', the sentiment, to wit, of Loyalty. No government can exist, no interest thrive, no people be safe, where laws are wanting — or being 8 ORATION. had are nut obeyeiL In despotic states, the laws must be executed by force, U-cause with them, government rests not upon the con- sent of the people, but upon the power of the rulers. In Repub- hcs, on the contrary — law derives its foi'ce, not from the power of the magistrate, but from the consent of the governed. This vol- untary consent then on the part of all the free, this spontaneous, cordial, quick allegiance to the law, is absolutely essential, not to the stability only, but to the very existence of a free State. Our fathers understanding the need and the woilh of this sentiment, made the Constitution a chart of American loyalty, as well as a measure of American liberty. That instrument uses a precision no more exact, and employs a care no more circumspect, when defining the rights of the people, than when declaring their duties. And this gives us the true and only true conception of the loyalty which our country requires of its subjects. Our liberty is an American liberty. Our loyalty must be American also. And American loyalty holds inviolate and sacred the American law; holds as most inviolate and most sacred, that which is the basis of all governmiMit and the source of all authority, the Constitution, the Law's law. To obey as subjects, to execute as magistrates, to defend a> citizens, to yield homage and allegiance to American law, whether it be recorded in constitutions, or written in codes, or expounded in courts, obedience to A.raerican law, that is American loyalty. Whatever is other or less than that, is secession, is treason. Loyalty and Liberty in the sense of the Constitution, are the two pillars on which the Republic stands. Remove either of them and you overturn the government. Take away Liberty and the laws have nothing to guard, and nothing to perpetuate, and noth- ing to do. For that is the one office of American law, to protect and preserve, and perpetuate the liberties of the people. Take away Loyalty and Freedom has no guardian, and no ho})e, and no hjme; for it is only under the shelter of Law that Liberty can ORATION. 9 live. Loyalty and Liberty unite in the American Constitution, as the centripetal anl centrifugal forces combine, in the systems of the stellary world. Preserve them as they are, and every orb ad- heres to its ciicuit, and every satellite keeps its place, and the order of the heavens is as enduring as time. Nothing is wanting to the instant ruin of the Republic, but to impair one of these two forces; to corrupt the spirit of Loyalty on the one hand, or enfeeble the sense of Liberty on the other. On the contrary nothing is needed to perpetuate the Republic through countless generations and to the end of time, but to keep alive in the popular mind, and in due proportion, the two great sentiments on which the government rests. In astronomy, just so long as the centi-ipetal force is matched and balanced by the centrifugal, the worlds will revolve peaceluUy and happily, as at the first. And just so long as the American people will preserve their liberties on the one side, and their loyal- ties on the other, that is to say, just so long as they will be faith- ful to that Constitution, which is the covenant of liberty, and the charter of law, the Republic will remain secure and happy. It may extend to whatever limits; it may embrace whatever terri- tory; it may include whatever institutions; it may acquire what- ever population; it may encountiu- whatever trials; but just so long as the people will guard with becoming vigilance, and pre- serve with patriotic care, the two essential factors of the common- wealth, — ^just so long as they can retain Liberty and Loyalty, the Republic will be safe. When either begins to falter, the Republic is in peril. Our fathers gave us liberty. They could not give us loyalty also. For, while freedom is a social condition, into which we can be put by others — allegiance on the other hand is a popular senti- ment, which we must unfold for ourselves, and a public habit which we must exercise in person. The fathers did what they could ; gave us liberty, and defining in the charter which conveyed the costly inheritance, the loyalty 10 ORATION. which we must acquire and practice, left us to gain that wanting sentiment, by whatever discipline the future should chance to furnish. And, until the people should acquire that second lesson, and become as loyal as they are free, and as secure as they were loyal, those wise and cautious fathers called to the aid of the Re- public the tutelar service of religion. Centuries of spiritual cul- ture had sunk in the popular mind a deep reverence for God; a consciousness of His presence; a sense of His justice; a dread of His wrath. Among all ordei's and ranks, an oath was held as especially sacred. That was a bond which no man might violate; that was a pledge which none might despise. Our fathers, fearing for the safety of the new Confederacy, said: " Till loyalty has had time to grow, and patriotism to become strong, let us put liberty under the care of an oath.'" They did as they devised, laid upon the whole Nation a religious vow — bound rulers and ruled by an oath, to respect the Constitution, to obey the laws, to practice loy- alty in form till allegiance should be theirs in spirit. That oath remained the bond of union and the strength of law for more than three-fourths of a century. But for that, the Nation would have gone asunder long since, as did the Republics of the Old World, as have the Republics of more modern times. That oath kept even the South from the apostacy she so early intended, and so conhtantly and so shamefully desired. And had not the gan- grene of Slavery eaten its way into the Southern Church, corrupt- ing the ancient religion, and giving to the people a depraved con- science, a degraded manhood, a loose Christianity, and an apostate pulpit; treason had never had the strength, nor sedition the cour- age to break the allegiance, and dissever the oath, and do violence alike to the laws of God and the covenants of man. Till the people could attain to a loyalty which should equal their rights, and be as cheerfully obedient, as they were willingly free, our fathers relied upon the force of the cath to make them submissive, and orderly, and true. ORATION. 11 ludepeuclonco had been achieved, liberty acquired, and the Nation conducted safely through the first stadium of its history. It rnust now enter upon a new probation and pass the ordeal of a second stage. The fathers had undertaken with their virtues, to acquire liberty for themselves and their children. Now the nation starting upon a new career, must decide whether with liberty it can achieve loyalty also, completing the fabric which the fathers com- menced. To gain Loyalty, that was the task to which the American Peo- ple were sent, eighty-six years ago. Was there anything in the traditions, habits or circumstances of the Nation at that time to make the experiment perilous or the event doubtful ? Any con- cealed enemy to threaten the existence? any unknown obstacle to hinder the growth of that much needed sentiment, the soul of the Republic, the life of liberty, popular allegiance to law ? Alas! we must confess it, there were four deadly elements hid in the heart of the Nation, an