\ LIBRftRY OF CONGRESS „ lliiiiliiiiilililii 011 782 711 2 • peumaliffe* pH8^ ORATION, PKONOUNCED BEFORE THE INHABITANTS OF BOSTON, JULY THE FOURTH, 1836, IN COMMEMORATION OF THE SIXTIETH ANNIVERSARY AMERICAN INDEPENDENCE. BY HEKRY W. K I IV S M A ]V . ;y request of the city authorities BOSTON: JOHN H, EASTBURN, CITY PRINTER. 1836. ORATION, PRONOUNCED BEFORE THE INHABITANTS OF BOSTON, JULY THE FOURTH, 1836, IN COMMEMORATION OF THE SIXTIETH ANNIVERSARY OF AMERICAN INDEPENDENCE. BY HENRY W. KINSMAN. V REaUEST OF THE CITY AUTHORITIES. BOSTON: JOHN H. EASTBURN, CITY PRINTER. 1836. El % s'c the will of heaven, that our government, like all those which have preceded it, shall be at last dissolved, they will confer upon the republic a re- nown, which will be more lasting than even the republic it- self. So that when the " dies ilia et ineluctabile tempus'' of our country shall have arrived, that then her literature shall be her fairest monument, not like the " dull, cold, marble," which speaks not, or like the everlasting pyramids, which cannot tell who was their architect, nor when they were erect- ed ; but such an animated and ever-living memorial of our country's greatness, that the traveller of future ages shall linger round the ruins of our capitols, and weep over the graves of our poets, with something of that enthusiasm which we feel on the site of the Academy, or at the entrance of the Par- thenon. The exercise by every individual, of the right of suffrage, is another important means of perpetuating a republican gov- ernment. Such a government being derived from the people, the people must watch over, and protect it. If we, in this country, enjoy greater privileges, than the people of any other, we are also under greater obligations. Every thing depends upon the people, upon you, and upon me, fellow- citizens. We have a personal responsibility in this matter. Let us not content ourselves with sitting down quietly in the belief, that the government having been wisely and success- fully established, every thing will proceed well. Let us not be satisfied, that we have a constitution. I know we have a constitution, and I thank God for it, but the constitution will not protect itself. There is no magic in the word. It is after all but paper, as it has frequently been called, and needs the vigilance, the care, the votes, and it may be, at some future time, that it will need the arms of the people, to sustain it. There is the more reason for this constant watchfulness, in- asmuch as there will always be many persons ready to take this trouble out of our hands. There are many men, artful, intriguing, and ambitious, ready to take care of the govern- ment, ready to take care of the people, ready to take care of 12 the constitution. Many who would be willing to leave to you, only the same liberty, that the despotic Elizabeth allow- ed to her servile parliament. Liberty, to use her own words, "liberty of aye and no, but by no means a liberty for every one to speak what he listeth." Remember upon this sub- iect the words of Washington in his last legacy to his coun- trymen : " Let there be no change of the constitution by usurpation." See that no one department of the government usurps the powers, or attempts to restrain the just exercise of the rights, of any other. Our system has often been appro- priately termed a system of checks and balances. The mo- ment any one department acquires a preponderance, that mo- ment the whole system is in danger of being destroyed. Our vigilance is also required to guard against another danger, less obvious, but perhaps more fatal, than usurpa- tion, against the designs of those who would delude us by a pretended regard for law, and an extravagant affection for the people. These are pretexts, under vi'hich the enemies of the people have often successfully deceived them, to resist which, all the intelligence, all the resolution of the people will be ne- cessary. From open violence there is not much to fear among a brave and enlightened community; but where treason takes the flattering garb of love and regard for the constitu- tion and the public good, or assumes the insidious disguise of legal enactment, or seeks to justify its encroachments, by strained constructions and doubtful precedents, it is much to be apprehended, that liberty may be subverted, and the whole character of the government changed, before we are even aware of any material alteration. Let us not be deceived by these pretexts, these flimsy disguises. A regard for law, an affection for the people, have been the uniform cover of the designs of tyrants and despots. Was there ever an instance, from the earliest period of history down to the present time, of any man or set of men, who obtained, or attempted to ob- tain, arbitrary power, who did not commence operations, quietly, imperceptibly, gradually, under the form, and in the guise and appearance of law ? Charles the 1st, would not 13 have dared to seize the estates of his subjects by direct vio- lence; that would have been too palpable, too plain; it would have provoked the people to open resistance. He attempted to extort their property, under the pretence of the legal tax of ship-money. George the od would never have presumed to interfere directly and openly with the rights of the people of the colonies. It w-ould have set, not only this continent, but all England in a blaze. No ! he undertook to overthrow their liberties by act of parliament, but our fathers saw the object, and resisted, nobly, successfully resisted, and in so doing, left us an example of self-denying patriotism which ought never to be forgotten. Why did they resist .'' Not for themselves alone surely; for the loss of a few pennies, or shil- lings would not have impoverished them, would not material- ly have interfered with their present ease and comfort; but they knew, that the encroachment once acquiesced in and al- lowed, we their children must forever be slaves, and they were willing to give up their ease, their comfort, their prop- erty — they even counted not their lives too dear, to be sacrificed in so righteous a cause. It is this pretended love of the people, which has often destroyed the liberties of the people. It is this form of law, which has been the ruin of many a free government, as well as of many an individual patriot. It was by form of law, that Algernon Sydney was executed, and many a martyr to free- dom, during the long struggle which has for ages been going on between liberty and despotism, has been sacrificed under the form of law, but contrary to every principle of justice. I cannot close this portion of my remarks, without alluding to another danger, to guard against which, the people must be vigilant ; a danger of which we are admonished by recent events, that of an extension of our territory by conquest. Our country is already extensive. From the Atlantic to the Pacific, from North to South, our government stretches over thousands of miles, includes almost every variety of climate, and reaches over lands, which, in any other quarter of the globe, would comprehend many diiferent races, languages, and tribes. 14 Various conflicting interests are to be reconciled, many sec- tional prejudices to bo conciliated. Thus far, a sense of com- mon dangers, a common origin, a mutual dependence and equal rights, have kept the States united, and may still con- tinue to do so, so long as we adhere to the simplicity of our ancestors, so long as we maintain the union, for the purposes of its original formation. The moment that we extend our territory by conquest, that moment, we conquer not so much the people of any other country, as the people of our own. This consideration ought not to be overlooked in the present position of the country with regard to Texas, a position of great interest to the public mind. With Texas and with Mexico we can have nothing in common, and with them we ought to establish no relation, except such an amicable one, as the mutual advantage of each of the governments demands. The limits of this address, will not permit me to describe the present condition of these diftereni countries, but I cannot forbear to suggest, that the interest, the safety and the true glory of the United States, should induce them to stand aloof from the contest now going on between Texas and Mexico. If we once take part in it, we cannot retreat — a war must be a war of conquest. To suppose that the population of Mexico, descended in part from the Saracens ; to suppose that a Moorish-Spanish-Mexican-American population, as it has been well denominated in a speech of a representative of Massachusetts, which, it is to be hoped, every one has read ; to suppose that such a population as this will ever unite peaceably with us, and become one of the States of the union, is visionary and absurd. Their language, their habits, their national character, all forbid it. A war then, must be one of conquest, pursued to extremity, to an extremity which no man can contemplate without dismay, or, it must be a war of dishonor to us. Either alternative would be a misfortune. For whose benefit would be the result of conquest ? For that of the people ? Would it promote any of our great national interests, agriculture, manufactures, commerce ? In each of these particulars we should scarcely be benefitted, 15 even by victory. Would it add to our liberty, to our wealth, or to our improvement in any respect. So tar from it, a war must necessarily be begun and maintained, at a vast cost, and to the great injury of our commerce. It would add, not to the glory of the country, although at the expense of the mis- ery of thousands, it might add another to the long catalogue of tyrants, who, gilded by the false and merely reflected lus- tre of military fame, have captivated the affections of the peo- ple and fascinated them with the hollow appearance of glory; a glory founded not on benefits conferred on mankind, but on the destruction of the human species and of human happiness. In short, I can perceive no possible advantage that can be derived from a war with Mexico, unless indeed, it might re- lieve us from a fruitful source of altercation in party warfare, from the burden of an overflowing treasury, and of superflu- ous wealth; and even that occasion for war, if such it could be considered, has been removed by a recent decisive and triumphant vote of Congress. And yet, a strong current seems to be driving us towards this point. By taking advan- tage of a sympathy in the minds of many for those who have, without doubt, really suffered, although by their own impru- dence, by misrepresenting facts, by exaggerated accounts of wrong and injury, and flattering promises of victory and wealth, certain inconsiderate persons are endeavoring to bring about a state of things, which would leave no alterna- tive, but a vigorous and bloody war, or a dishonorable escape from it. The people cannot be too firm and decided in expressing their opinion on this momentous question before it shall be too late. Let the faith of treaties with Mexico be inviolably preserved — let the independence of Texas be acknowledg- ed only when she has shown herself capable of maintain- ing it, and of discharging all the duties and performing the obligation, incident to an independent government. Let us not enter into a contest, from which, at the very best, we can reap only barren laurels, and in which, although we may Inflict much injury on others, we must also suffer much 16 ourselves. For, in addition to the directly bad effects ol' conquest in the particular case alluded to, we must, in all probability, suffer what all republics have suffered before us, from a successful conqueror; we must suffer the loss of name, and of fame, of all the glory of the past, and all hope for the future. Go to the seven hills of the Eternal City, and survey the ruins of a republic, once so magnificent, that its very ruins astonish us, and read there the lesson written on every broken arch and every mouldering column! See in the conquests of the Grecian general, the destruction of his own country, which he first elevated, and rendered illustrious by his victories, and then enslaved by his ambition! See in the hero of Montebello and Marengo, the destroyer of repub- lican France! And if all these examples cannot satisfy us, that war and conquest must be fatal to the existence of republics, then, it is to be feared we were born to be slaves, and it will be of little consequence how soon we fulfil our destiny. But let us not deserve such a fate. Let us not neglect all these warnings afforded us by his- tory. Let all these dangers, only a few of which I have pointed out, stimulate us to activity. Let the duty of tak- ing a part in the political affairs of the country, be engrav- ed on every heart. Let it be inculcated on the minds of our children, that to the people is confided the obligation of preserving and sustaining the great constitutional principles of civil liberty, which we have inherited from our fathers. It is not to this distinguished statesman, or to that popular leader alone ; it is not to the prominent men among us, that this duty only belongs. It is to you and to me, fel- low-citizens ; however humble we may deem ourselves in society, we in this respect, take rank with the highest. Our obligation is the same, our interest is the same. If we are only true to ourselves, if we only endeavor to obtain proper information upon public affairs, and act vigorously and honestly, there is no power on earth, that can ever subvert the independence, which we this day celebrate. INlay the time never come, when the people of this country shall cease 17 to take an interest in the affairs of the government ; when busy in the pursuit of gain, or sunk in luxury and sloth, they quietly yield up the power to any one who chooses to take it. Better, a thousand times better is the worst violence of party spirit ! which however it may sometimes err and mis- judge, however rancorous and bitter it may occasionally seem, will yet watch with a jealous eye all the proceedings of our public men, and, like a sentinel on a watch tower, be ready to give the alarm at the first appearance of danger. And, though the alarm may sometimes be false, and the danger imaginary, yet, while every eye is vigilant, and every heart resolved, I say again, there is no danger of the republic. Let the advocates of legitimacy taunt us with sarcasms upon our democracy, and with sneers, because here and there an inefficient man obtains an office. Let the friends of the divine right of kings prophecy our fall, and predict revolution and anarchy. We regard not their idle jeers. Even taking the very worst view of the case, that our liberty sometimes degenerates into licentiousness, our condition is still better than theirs. Suppose that the property of individuals may sometimes be wantonly sacrificed in a riot, what is that evil, to the misery of a whole nation, ground down and oppressed with taxes and burdens ? What is the loss of a k\v lives (and hundreds of lives have been destroyed in the streets of London and Paris, for every one that ever perished in the United States) what I say, is the loss of a few lives by the fury of a mob, dreadful and much to be regretted as that is, compared with the destruction of thousands in the deserts of Siberia, and in dungeons and chains ? If we have, now and then, for a short time, an Incompetent man in any of the de- partments of the government, how can that, for a moment, be compared with the misfortune of having an infant or an idiot at the head of it ? Let every man reflect. Let every man vote. Think not, that an election for even the most insigni- ficant office, is of no consequence. Every officer elected, every return of votes, has an influence, more or less exten- sive, upon public opinion. To the polls, then ! To the 3 18 polls ! No matter what party you belong to. The ballot box is the weapon with which the battles of freedom may be most successfully fought, and your country will give you no dis- charge in this warfare. To the other topic which I have suggested, allow me for a moment to call your attention — to the necessity of caution and moderation in introducing changes into our system of gov- ernment. There are in all societies persons of a speculative charac- ter, who are constantly inclined to try experiments, in gov- ernment, as well as in every thing else. There are others, who disappointed in their own particular views, regardless of the general welfare, would like to overturn society from its very foundations, in the hope, that revolution would better their condition. There are others, again, always dissatisfied with the existing state of things, who, aiming after an unat- tainable perfection, think they can cure every defect, and are willing to compromise the well being of the whole commu- nity, for the sake of trying some project of imaginary benefit. In a country like our own, where every thought and every word are free, and where unrestrained discussion is permitted as it ought always to be, on every subject, these various classes of persons, under the specious name of reformers, may do infinite mischief. One of the topics of noisy decla- mation with these pretended reformers is, the existence and in- crease of corporations, which they represent to be fatal to freedom, and monsters, which are destined to destroy repub- lican government. A slight examination of the origin of cor- porations, would satisfy any man of candor and common un- derstanding that this position is entirely false, and that, on the contrary, civil liberty is more indebted to corporations, as the mode by which it was acquired, than to any thing else. When, during the barbarism of the middle ages, kings were tyrants, and princes and nobles oppressors, then the people unprotected while scattered about, exposed to all sorts of in- justice and wrong, collected together in towns and cities for purposes of mutual protection, and to secure for themselves 19 collectiv'ely, those rights, which, as individuals alone, they could not have obtained. These were among the first cor- porations, and, during many ages, they were almost the only places of refuge for the oppressed. For, being combined together in numbers, and protected by citadels, the inhabit- ants of these cities were often able to extort from their rulers, charters and privileges, which were before unheard of. Any one who is at all familiar with history, must remember many instances in which the city of London has almost compelled the sovereigns of England, to submit to its own terms. Such was the commencement all over Europe, of the amelioration of despotic power, which, beginning thus, has been gradually, from time to time, modified, until the inhabitants of many portions of that quarter of the world, enjoy a degree of free- dom, far inferior indeed to our own, but beyond measure greater, than that which existed in the same countries five centuries ago. What these civic corporations were to kings, our manufac- turing corporations of the present day, are to the wealthy capitalist. A man of large means may engage in great enter- prises with safety, and might, if there were no competition, almost secure to himself the exclusive enjoyment of many of the most profitable kinds of business, which require great capital, and into which men of little property can not, with prudence, enter. But when, by means of an act of incorpo- ration, these persons of moderate wealth are enabled to unite together, they can enter into competition with the rich, and their aggregate small capitals will enable them to do so successfully. This is one advantage of corporations. Many others might be mentioned. This alone is a great one. It puts the poor on an equality with the rich, extends enter- prise, promotes great public works, and consequently the prosperity of the whole community. No man can, for a mo- ment, look at the evidences which meet him at every step, of improvement in all those arts which contribute to the conve- nience and enjoyment of civilized society, and not be satisfi- ed, that any plan, which will throw open all sorts of business 20 10 general competition, must be a benefit to the public. Compare the facility now enjoyed for communication, be- tween different and distant places, with what it was seventy years ago, when a conveyance was advertised as a cheap, convenient and expeditious mode of travelling from New York to Boston, which performed the journey in fourteen days. Convenient and expeditious truly! Now, the same excursion may be accomplished in almost as many hours. This and other similar improvements, are, in a great degree, to be attributed to that combination of means and efforts which acts of incor- poration have introduced. I need not, however, detain an auditory like this, by a further discussion of a subject which has been so often examined. Nor, need I allude to many other topics, on which these would-be reformers delight to expatiate, with the same misrepresentation of facts, and the same sophistry of reasoning. There is no system of govern- ment so perfect, as not sometimes to be unequal in its opera- tion. Laws, however general and just, will occasionally pro- duce severe hardship, in particular cases. By constantly dwelling on that which seems defective, and keeping out of sight all that is salutary in our government, it will be easy for the ill-disposed and wrong-headed, to exert a very unfavora- ble influence on the public mind, unless it is prepared and on its guard. Their projects and schemes, however attractive, and however they may be recommended under the popular and plausible pretence of reform, should be received with great caution. Every change is by no means a reform. What by some might be regarded as a remedy for an existing evil, might perhaps introduce other evils of ten fold magni- tude not anticipated. The state of the times, the ever vary- ing feelings of society, the progress of improvement, and the result of ordinary experience, will certainly require that chan- ges should, from time to time, be made in our laws. But, this necessity for change, will gradually develope itself, and the remedy can be applied, when the difficulty is clearly made to appear. There can be no occasion whatever for sudden and violent changes, and when change is recommend- 21 ed, let us examine carefully the mischiefs which are said to require amendment, and be sure, that the alterations propos- ed will cure them, before we suffer ourselves to be precipi- tated into measures, which perhaps we shall afterwards re- gret, and find it impossible to recall. The madness of the people of Athens often hurried their bravest, their wisest citi- zens to the block, to the hemlock, or to ignominious flight. Aristides was exiled, and the son of Sophroniscus condemn- ed. The former indeed was recalled, but the eloquent lips of the venerated Socrates were forever closed in death, be- fore his ungrateful countrymen were sensible of their error. If changes in law be sudden, and to extremes, there will al- most necessarily follow confusion and disorder, and most probably other changes, in order to restore things to their former condition. Look at that torrent pouring from the hills, and bearing destruction in its course. Cottages, herds and men, are overwhelmed and destroyed. The same stream gently flowing the vales, diffuses fertility and happiness ; its banks are green with perpetual verdure ; unnumbered are the flocks that feed upon its margin ; and the heart of the shep- herd is glad. So, even a change which in itself might be bene- ficial in a government, if violently and rashly introduced, often produces disturbance and revolution, whereas the same change judiciously made, with a proper regard for the feelings and prejudices of the community, may lead to the happiest re- sults. This disposition to frequent and often unnecessary change, was one cause of the destruction of the Grecian re- publics ; and in modern times, the attempt to introduce re- publican principles into the despotism of France, by too hasty and violent means, before the people were prepared for them, turned a revolution which might have been of the great- est importance to mankind, first into a state of anarchy infi- nitely worse than despotism itself, and finally restored abso- lute power in a new and more dangerous dynasty. Let us not then, lend a willing ear to the suggestions of those who would pursuade us, that our government is radical- ly defective, and needs constant reforms and changes. Such 22 suggestions proceed, either from the inexperienced and inju- dicious, whose zeal is very feebly supported by knowledge, or from the selfish and designing, seeking their own benefit, and indifferent to the public good. I have thus briefly touched upon some of the means of pre- serving and sustaining our institutions, and of performing the important trust committed to us by the founders of the republic. The cultivation and just application of useful knowledge ; The exercise by each individual of his constitutional rights ; The necessity of caution in introducing changes into our system. Let these principles never be forgotten. Let these prin- ciples guide all our conduct. Let no servile, miserable, dis- honorable notion of political expediency ever find acceptance here. Although majorities elsewhere should be against us, although corruption and licentiousness should prevail all around us, still let us maintain the doctrines of Washington. It would be reckoned base and cowardly to desert the standard of our country in battle, when the enemy pressed hardest against it ; it would be equally unworthy, equally infamous to desert the principles, by which that standard was originally sustain- ed. Let us, then, though all men should be against us, al- though we should stand entirely alone, let us still adhere to the faith of our fathers. Then, whatever may finally become of the government, we, at least, shall have discharged our trust. We must now depend upon ourselves, we have no longer those fathers to instruct us. Their lips are silent and cold. They live only in their works. They are all gone. The last year has witnessed the departure of one who seem- ed to connect us with the past, by a sort of animated tie. John Marshall, the friend and biographer of Washington, the learned judge, the upright magistrate, the pure patriot, has ceased from among the living, and has left in his precepts and his example, his private life, and his judicial decisions, an influence which will be felt to the latest period of our his- tory. Eloquent voices have spoken his praise — a whole na- 23 tion acknowledges his worth. But posterity alone can do him justice, hecause posterity alone can justly appreciate the full measure of his services to his country. When the men of this generation shall have passed away ; when the party- questions which now agitate, shall cease to interest us; when, even the names of many, who now occupy a large space in the public thought, shall be forgotten; then the glory of Mar- shall shall just be dawning. Then the elements of jurispru- dence, which were by him so profoundly examined and so clearly explained. Then the beautiful form in which his de- cisions have embodied the Federal Constitution, will be fully understood. Then the salutary direction, which his labors have given to the public mind, upon questions of the highest national importance, shall claim for him the gratitude of com- ing generations. Future republics in other lands, shall hail him as the great expositor of constitutional law; and his name shall be identified, not with this age or this country alone, but with the names of those benefactors of the human race, by whose wisdom nations are instructed, and by whose char- acters human nature itself is elevated. The great men of the revolution are all gone. Intelligence has this very morning reached us, that James Madison of Virginia has also joined that illustrious band of departed worthies, who, while they dwelt upon earth, guarded and guided us, and whose blessed spirits, we sometimes fondly imagine, may still watch over and protect us. It is not yet a week, since the fourth Presi- dent of the United States has entered upon his everlasting rest. He has left but two persons surviving, who have ever 'filled that exalted station, the one who now holds the office, the other, a distinguished citizen of this Commonwealth, whose talents and public services have made him an ornament to his native State. It would be trespassing upon the province of some other eulogist, for me now to dwell upon the character and merits of Mr. Madison. His connection with our history, as a co- adjutor of Hamilton and Jay, in defending the principles, and advocating the adoption of the great charter of our Na- 24 lional Union, will ever entitle him to the grateful remembrance of his countrymen. He was fortunate in his life, in having contributed so largely to so great a work, and in having, for so long a time, witnessed its successful operation ; fortunate in his death, full of years and full of honors. The founders of the republic have all gone, but they have left us a legacy of wisdom, an inheritance of freedom, worthy their own great fame. Call our system a mere experiment, if you will — in- sist, if you please, against all reasonable probability, that it can never succeed, yet the past, at least, is secure. Thus far, whatever may be our future destiny, we have been fortu- nate indeed. Two generations have passed away, since we commenced our national existence. Sixty years of prosper- ity have been enjoyed by the people of these States. Thou- sands, nay millions, have passed their lives in peace, security, and freedom, under the protection of our government. And is all this aggregate of happiness to be counted for nothing .'' Is the domestic tranquillity, the respect abroad, the attain- ment of wealth, the cultivation of literature and the arts, the advancement in knowledge of all sorts, the civil and religious liberty, which almost all these years have witnessed, to be considered as merely the dust of the balance, and not reckon- ed in the account ? Surely if our government were this mo- ment to be dissolved, if our name were now forever blotted out, the enjoyment of the past, the good already attained, have well repaid all the cost of the experiment. But, our government need not be dissolved, our name need not be blotted out. The people have only to profit by that which has gone before, and they can easily direct all that shall come after. If we are but true to virtue, true to the constitution, true to ourselves, then the promise of future prosperity shall ripen into a glorious harvest. To this fidelity to virtue and the constitution we are urged by every consideration, that can move the mind of man. Our most valuable, indeed all our valuable rights and privileges, our personal and religious freedom, our property and our lives, are involved in the dis- charge of this duty. Look about, citizens of Boston, on the 25 beautiful hills which surround your city — those liills which witnessed the departing ships of your discomfited adversary — those hills, whose soil is every where enriched with the blood of freemen. Consider the constitution of your country, the work of sages and patriots. Consider your own position, as guardians of that liberty, after which the wise and the good of other countries, and other ages, have so ardently aspired — for which Tell and Hampden and Lafayette fought, and for which your own Warren fell. Consider all this, and say, if in view of all these sacred, these thronging, these thrilling recol- lections, you can ever forget, or neglect, the duties of a free citizen of a free republic. 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