Lawyers From The United States

"When it was first perceived, in early times, that no middle course for America remained between unlimited submission to a foreign legislature and a total independence of its claims, men of reflection were less apprehensive of danger from the formidable power of fleets and armies they must determine to resist than from those contests and dissensions which would certainly arise concerning the forms of government to be instituted over the whole and over the parts of this extensive country."

"Property must be secured, or liberty cannot exist. But if unlimited or unbalanced power of disposing property, be put into the hands of those who have no property, France will find, as we have found, the lamb committed to the custody of the wolf. In such a case, all the pathetic exhortations and addresses of the national assembly to the people, to respect property, will be regarded no more than the warbles of the songsters of the forest. The great art of law-giving consists in balancing the poor against the rich in the legislature, and in constituting the legislative a perfect balance against the executive power, at the same time that no individual or party can become its rival. The essence of a free government consists in an effectual control of rivalries. The executive and the legislative powers are natural rivals; and if each has not an effectual control over the other, the weaker will ever be the lamb in the paws of the wolf. The nation which will not adopt an equilibrium of power must adopt a despotism. There is no other alternative. Rivalries must be controlled, or they will throw all things into confusion; and there is nothing but despotism or a balance of power which can control them."

"Are riches, honors, and beauty going out of fashion? Is not the rage for them, on the contrary, increased faster than improvement in knowledge? As long as either of these are in vogue, will there not be emulations and rivalries? Does not the increase of knowledge in any man increase his emulation; and the diffusion of knowledge among men multiply rivalries? Has the progress of science, arts, and letters yet discovered that there are no passions in human nature? no ambition, avarice, or desire of fame? Are these passions cooled, diminished, or extinguished? Is the rage for admiration less ardent in men or women? Have these propensities less a tendency to divisions, controversies, seditions, mutinies, and civil wars than formerly? On the contrary, the more knowledge is diffused, the more the passions are extended, and the more furious they grow."

"The world grows more enlightened. Knowledge is more equally diffused. Newspapers, magazines, and circulating libraries have made mankind wiser. Titles and distinctions, ranks and orders, parade and ceremony, are all going out of fashion. This is roundly and frequently asserted in the streets, and sometimes on theatres of higher rank. Some truth there is in it; and if the opportunity were temperately improved, to the reformation of abuses, the rectification of errors, and the dissipation of pernicious prejudices, a great advantage it might be. But, on the other hand, false inferences may be drawn from it, which may make mankind wish for the age of dragons, giants, and fairies."

"A desire to be observed, considered, esteemed, praised, beloved, and admired by his fellows is one of the earliest, as well as the keenest dispositions discovered in the heart of man."

"Although neither nation has been brought to admit that they were chargeable with the first infraction, yet no American can forget the carrying off the negroes."

"I have thought proper to recommend, and I do hereby recommend accordingly, that Thursday, the 25th day of April next, be observed throughout the United States of America as a day of solemn humiliation, fasting, and prayer; that the citizens on that day abstain as far as may be from their secular occupations, devote the time to the sacred duties of religion in public and in private; that they call to mind our numerous offenses against the Most High God, confess them before Him with the sincerest penitence, implore His pardoning mercy, through the Great Mediator and Redeemer, for our past transgressions, and that through the grace of His Holy Spirit we may be disposed and enabled to yield a more suitable obedience to His righteous requisitions in time to come; that He would interpose to arrest the progress of that impiety and licentiousness in principle and practice so offensive to Himself and so ruinous to mankind; that He would make us deeply sensible that "righteousness exalteth a nation, but sin is a reproach to any people;" that He would turn us from our transgressions and turn His displeasure from us; that He would withhold us from unreasonable discontent, from disunion, faction, sedition, and insurrection; that He would preserve our country from the desolating sword; that He would save our cities and towns from a repetition of those awful pestilential visitations under which they have lately suffered so severely, and that the health of our inhabitants generally may be precious in His sight; that He would favor us with fruitful seasons and so bless the labors of the husbandman as that there may be food in abundance for man and beast; that He would prosper our commerce, manufactures, and fisheries, and give success to the people in all their lawful industry and enterprise; that He would smile on our colleges, academies, schools, and seminaries of learning, and make them nurseries of sound science, morals, and religion; that He would bless all magistrates, from the highest to the lowest, give them the true spirit of their station, make them a terror to evil doers and a praise to them that do well; that He would preside over the councils of the nation at this critical period, enlighten them to a just discernment of the public interest, and save them from mistake, division, and discord; that He would make succeed our preparations for defense and bless our armaments by land and by sea; that He would put an end to the effusion of human blood and the accumulation of human misery among the contending nations of the earth by disposing them to justice, to equity, to benevolence, and to peace; and that he would extend the blessings of knowledge, of true liberty, and of pure and undefiled religion throughout the world."

"While our country remains untainted with the principles and manners which are now producing desolation in so many parts of the world; while she continues sincere, and incapable of insidious and impious policy, we shall have the strongest reason to rejoice in the local destination assigned us by Providence. But should the people of America once become capable of that deep simulation towards one another, and towards foreign nations, which assumes the language of justice and moderation, while it is practising iniquity and extravagance, and displays in the most captivating manner the charming pictures of candour, frankness, and sincerity, while it is rioting in rapine and insolence, this country will be the most miserable habitation in the world. Because we have no government, armed with power, capable of contending with human passions, unbridled by morality and religion. Avarice, ambition, revenge and licentiousness would break the strongest cords of our Constitution, as a whale goes through a net. Our Constitution was made only for a moral and religious people. It is wholly inadequate to the government of any other. Oaths in this country are as yet universally considered as sacred obligations. That which you have taken, and so solemnly repeated on that venerable ground, is an ample pledge of your sincerity and devotion to your country and its government."

"[N]o pretext, arising from religious opinions, shall ever produce an interruption of the harmony existing between the two countries."

"The consequences arising from the continual accumulation of public debts in other countries ought to admonish us to be careful to prevent their growth in our own."

"Omnium rerum domina, virtus. Virtue is the mistress of all things. Virtue is the master of all things. Therefore a nation that should never do wrong must necessarily govern the world. The might of virtue, the power of virtue, is not a very common topic, not so common as it should be."

"It is folly to anticipate evils, and madness to create imaginary ones."

"Tacitus appears to have been as great an enthusiast as Petrarch for the revival of the republic and universal empire. He has exerted the vengeance of history upon the emperors, but has veiled the conspiracies against them, and the incorrigible corruption of the people which probably provoked their most atrocious cruelties. Tyranny can scarcely be practised upon a virtuous and wise people."

"The Christian religion is, above all the religions that ever prevailed or existed in ancient or modern times, the religion of wisdom, virtue, equity, and humanity, let the blackguard Paine say what he will; it is resignation to God, it is goodness itself to man."

"I read my eyes out and can't read half enough. … The more one reads the more one sees we have to read."

"My country has in its wisdom contrived for me the most insignificant office that ever the invention of man contrived or his imagination conceived; and as I can do neither good nor evil, I must be borne away by others and meet the common fate."

"The History of our Revolution will be one continued Lye from one end to the other. The essence of the whole will be that Dr. Franklins electrical Rod, smote the Earth and out sprung General Washington. That Franklin electrified him with his rod—and thence forward these two conducted all the Policy, Negotiations, Legislatures and War."

"There never was yet a people who must not have somebody or something to represent the dignity of the state, the majesty of the people, call it what you will — a doge, an avoyer, an archon, a president, a consul, a syndic; this becomes at once an object of ambition and dispute, and, in time, of division, faction, sedition, and rebellion."

"The proposition, that the people are the best keepers of their own liberties, is not true; they are the worst conceivable; they are no keepers at all; they can neither judge, act, think, or will, as a political body."

"A single assembly will never be a steady guardian of the laws, if Machiavel is right, when he says, Men are never good but through necessity: on the contrary, when good and evil are left to their choice, they will not fail to throw every thing into disorder and confusion. Hunger and poverty may make men industrious, but laws only can make them good; for, if men were so of themselves, there would be no occasion for laws; but, as the case is far otherwise, they are absolutely necessary."

"The right of a nation to kill a tyrant, in cases of necessity, can no more be doubted, than to hang a robber, or kill a flea. But killing one tyrant only makes way for worse, unless the people have sense, spirit and honesty enough to establish and support a constitution guarded at all points against the tyranny of the one, the few, and the many. Let it be the study, therefore, of lawgivers and philosophers, to enlighten the people's understandings and improve their morals, by good and general education; to enable them to comprehend the scheme of government, and to know upon what points their liberties depend; to dissipate those vulgar prejudices and popular superstitions that oppose themselves to good government; and to teach them that obedience to the laws is as indispensable in them as in lords and kings."

"The moment the idea is admitted into society, that property is not as sacred as the law of God, and that there is not a force of law and public justice to protect it, anarchy and tyranny commence. If "Thou shall not covet," and "Thou shall not steal," are not commandments of Heaven, they must be made inviolable precepts in every society, before it can be civilized or made free."

"Children should be educated and instructed in the principles of freedom."

"The militia and sovereignty are inseparable. In the English constitution, if the whole nation were a militia, there would be a militia to defend the crown, the lords, or the commons, if either were attacked. The crown, though it commands them, has no power to use them improperly, because it cannot pay or subsist them without the consent of the lords and commons; but if the militia are to obey a sovereignty in a single assembly, it is commanded, paid, and subsisted, and a standing army, too, may be raised, paid, and subsisted, by the vote of a majority; the militia, then, must all obey the sovereign majority, or divide, and part follow the majority, and part the minority. This last case is civil war; but, until it comes to this, the whole militia may be employed by the majority in any degree of tyranny and oppression over the minority. The constitution furnishes no resource or remedy; nothing affords a chance of relief but rebellion and civil war. If this terminates in favor of the minority, they will tyrannize in their turn, exasperated by revenge, in addition to ambition and avarice; if the majority prevail, their domination becomes more cruel, and soon ends in one despot. It must be made a sacred maxim, that the militia obey the executive power, which represents the whole people in the execution of laws. To suppose arms in the hands of citizens, to be used at individual discretion, except in private self-defence, or by partial orders of towns, counties, or districts of a state, is to demolish every constitution, and lay the laws prostrate, so that liberty can be enjoyed by no man; it is a dissolution of the government. The fundamental law of the militia is, that it be created, directed, and commanded by the laws, and ever for the support of the laws."

"The English nation, for their improvements in the theory of government, has, at least, more merit with the human race than any other among the moderns. The late most beautiful and liberal speculations of many writers, in various parts of Europe, are manifestly derived from English sources. Americans, too, ought for ever to acknowledge their obligations to English writers, or rather have as good a right to indulge a pride in the recollection of them as the inhabitants of the three kingdoms. The original plantation of our country was occasioned, her continual growth has been promoted, and her present liberties have been established by these generous theories."

"The rich, the well-born, and the able, acquire an influence among the people that will soon be too much for simple honesty and plain sense, in a house of representatives. The most illustrious of them must, therefore, be separated from the mass, and placed by themselves in a senate; this is, to all honest and useful intents, an ostracism."

"The Ambassador answered us that it was founded on the laws of their Prophet; that it was written in their Koran; that all nations who should not have acknowledged their authority were sinners; that it was their right and duty to make war upon them wherever they could be found, and to make slaves of all they could take as prisoners; and that every Mussulman who was slain in battle was sure to go to Paradise. He said, also, that the man who was the first to board a vessel had one slave over and above his share, and that when they sprang to the deck of an enemy's ship, every sailor held a dagger in each hand and a third in his mouth; which usually struck such terror into the foe that they cried out for quarter at once. That it was a law that the first who boarded an Enemy’s Vessell should have one slave."

"We took the liberty to make some enquiries concerning the ground of their pretentions to make war upon nations who had done them no injury, and observed that we considered all mankind as our friends who had done us no wrong, nor had given us any provocation."

"The new Government has my best Wishes and most fervent Prayers, for its Success and Prosperity: but whether I shall have any Thing more to do with it, besides praying for it, depends on the future suffrages of Freemen."

"All the perplexities, confusions, and distresses in America arise, not from defects in their constitution or confederation, not from a want of honor or virtue, so much as from downright ignorance of the nature of coin, credit, and circulation."

"Neither my father or mother, grandfather or grandmother, great grandfather or great grandmother, nor any other relation that I know of, or care a farthing for, has been in England these one hundred and fifty years; so that you see I have not one drop of blood in my veins but what is American."

"Thanks be to God, that he gave me Stubborness, when I know I am right."

"You will never be alone with a poet in your pocket."

"Great Britain has been moving earth and hell to obtain allies against us, yet it is improper in us to propose an alliance! Great Britain has borrowed all the superfluous wealth of Europe, in Italy, Germany, Holland, Switzerland, and some in France, to murder us, yet it is dishonorable in us to propose to borrow money! By heaven, I would make a bargain with all Europe, if it lay with me. Let all Europe stand still, neither lend men nor money nor ships to England nor America, and let them fight it out alone. I would give my share of millions for such a bargain. America is treated unfairly and ungenerously by Europe. But thus it is, mankind will be servile to tyrannical masters, and basely devoted to vile idols."

"The invasion of Georgia and South Carolina is the first. But why should the invasion of these two States affect the credit of the thirteen, more than the invasion of any two others? Massachusetts and Rhode Island have been invaded by armies much more formidable. New York, Connecticut, New Jersey, Pennsylvania, Delaware, Maryland, and Virginia, have been all invaded before. But what has been the issue? Not conquest, not submission. On the contrary, all those States have learned the art of war and the habits of submission to military discipline, and have got themselves well armed, nay, clothed and furnished with a great deal of hard money by these very invasions. And what is more than all the rest, they have got over the fears and terrors that are always occasioned by a first invasion, and are a worse enemy than the English; and besides, they have had such experience of the tyranny and cruelty of the English as have made them more resolute than ever against the English government. Now, why should not the invasion of Georgia and Carolina have the same effects? It is very certain, in the opinion of the Americans themselves, that it will. Besides, the unexampled cruelty of Cornwallis has been enough to revolt even negroes; it has been such as will make the English objects of greater horror there than in any of the other States."

"There is nothing which I dread so much as a division of the republic into two great parties, each arranged under its leader, and concerting measures in opposition to each other. This, in my humble apprehension, is to be dreaded as the greatest political evil under our Constitution."

"The Science of Government it is my Duty to study, more than all other Sciences: the Art of Legislation and Administration and Negotiation, ought to take Place, indeed to exclude in a manner all other Arts. I must study Politicks and War that my sons may have liberty to study Mathematicks and Philosophy. My sons ought to study Mathematicks and Philosophy, Geography, natural History, Naval Architecture, navigation, Commerce and Agriculture, in order to give their Children a right to study Painting, Poetry, Musick, Architecture, Statuary, Tapestry and Porcelaine."

"I can treat all with decency and civility, and converse with them, when it is necessary, on points of business. But I am never happy in their company."

"The judicial power ought to be distinct from both the legislative and executive, and independent upon both, that so it may be a check upon both, as both should be checks upon that."

"Laws for the liberal education of youth, especially of the lower class of people, are so extremely wise and useful, that, to a humane and generous mind, no expense for this purpose would be thought extravagant."

"When annual elections end, there slavery begins."

"Fear is the foundation of most governments; but it is so sordid and brutal a passion, and renders men in whose breasts it predominates so stupid and miserable, that Americans will not be likely to approve of any political institution which is founded on it."

"We ought to consider what is the end of government, before we determine which is the best form. Upon this point all speculative politicians will agree, that the happiness of society is the end of government, as all Divines and moral Philosophers will agree that the happiness of the individual is the end of man. From this principle it will follow, that the form of government which communicates ease, comfort, security, or, in one word, happiness, to the greatest number of persons, and in the greatest degree, is the best."

"Metaphysicians and politicians may dispute forever, but they will never find any other moral principle or foundation of rule or obedience, than the consent of governors and governed."

"A government of laws, and not of men."

"We are told: "It is a universal truth, that he that would excite a rebellion, is at heart as great a tyrant as ever wielded the iron rod of oppression." Be it so. We are not exciting a rebellion. Opposition, nay, open, avowed resistance by arms, against usurpation and lawless violence, is not rebellion by the law of God or the land. Resistance to lawful authority makes rebellion. … Remember the frank Veteran acknowledges, that "the word rebel is a convertible term.""

"Nip the shoots of arbitrary power in the bud, is the only maxim which can ever preserve the liberties of any people."

"The law no passion can disturb. 'Tis void of desire and fear, lust and anger. 'Tis mens sine affectu, written reason, retaining some measure of the divine perfection. It does not enjoin that which pleases a weak, frail man, but, without any regard to persons, commands that which is good and punishes evil in all, whether rich or poor, high or low. 'Tis deaf, inexorable, inflexible. On the one hand it is inexorable to the cries and lamentations of the prisoners; on the other it is deaf, deaf as an adder to the clamors of the populace."

"Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passion, they cannot alter the state of facts and evidence..."

"We have been entertained with a great variety of phrases, to avoid calling this sort of people a mob. Some call them shavers, some call them geniuses. The plain English is, gentlemen, most probably a motley rabble of saucy boys, negroes and mulattoes, Irish teagues and outlandish jack tars."