Judicial Reach

“There is no such thing as absolute privacy in America,” Comey said, because “there is no place in America outside of judicial reach.”

(Source: Politico)

Impracticable

In asserting the right of secession, it has not been my wish to incite to its exercise. I recognize the fact that the war showed it to be impracticable, but this did not prove that it was wrong; and now, that it may not be again attempted, and the Union may promote the general welfare, it is needful that the truth, the whole truth, should be known, so that crimination and recrimination may forever cease, and then, on the basis of fraternity and faithful regard for the rights of the states, there may be written on the arch of the Union, “Esto Perpetua.”

Jefferson Davis, The Rise and Fall of the Confederate Government, Volume 2, New York: D. Appleton & Company, 1881.

Cromwell, Lincoln, and Virginia

Cromwell, Lincoln and Virginia.

When Oliver Cromwell was installed Protector of England, the Commonwealth of Virginia refused to acknowledge his authority. The English Commonwealth was then at the height of its power, and, at its head, one who was admirably described by Bossuet as “a man of an incredible depth of thought; as profound a hypocrite as he was a skillful politician; capable alike of concealing and undertaking everything; active and indefatigable equally in peace as war; so vigilant and active that he has never proved himself wanting to any opportunity which presented itself to his elevation; in fine, one of those stirring and audacious spirits which seem born to overturn the world.” Such was the Commonwealth and such the man, triumphant over all other enemies, against which this gallant Commonwealth, then numbering only twenty thousand inhabitants, unfurled the standard of defence.

The Commonwealth of England was disposed to submit to this resistance.–Virginia, from the first, had arrayed itself on the side of the King. During the whole preceding struggle of Charles and the Parliament, Virginia was firm in its adherence to the monarch, and enacted a declaration “that they were born under a monarchy, and would never degenerate from the condition of their birth by being subject to any other government.” After the beheading of Charles I., Virginia acknowledged the authority of his son, and actually continued the provincial government under a commission sent by him from his retreat at Breda to Sir William Berkeley. The wrath of Parliament was intensely roused by this bold and persistent contumacy; an ordinance was issued declaring the inhabitants of Virginia notorious robbers and traitors, and all intercourse prohibited with them, either by the people of England, the inhabitants of the other American settlements, or with foreign nations. Finally, a fleet was sent over to overpower the rebellious colony. But observe the difference between the great intellects that then ruled England and the Government of the United States. Cromwell extended the olive branch as well as the sword, and commissioners accompanied the fleet, who were empowered to try the effect of pacific and conciliatory measures. The result proved the wisdom of the policy.

“It marks,” says Bancroft, a Massachusetts historian, “the character of the Virginians, that they refused to surrender to force, but yielded by a voluntary deed and mutual compact. We copy the articles concluded between the commissioners of the Commonwealth, and the Council of State, and the Grand Assembly of Virginia, that our readers may contrast them with the terms of Lincoln’s so-called amnesty:

“First. That this should be considered a voluntary act, not forced or constrained by a conquest upon the country; and that the colonists should have and enjoy such freedoms and privileges as belong to the free-born people of England.
“Secondly. That the Grand Assembly, as formerly, should convene and transact the affairs of Virginia, doing nothing contrary to the Government of the Commonwealth or laws of England.
“Thirdly. That there should be a full and total remission of all acts, words, or writings against the Parliament.
“Fourthly. That Virginia should have her ancient bounds and limits, granted by the charters of the former kings, and that a new charter was to be sought from Parliament to that effect, against such as had trespassed upon their ancient rights. (This clause would seem to be aimed at some of the neighboring colonies.)
“Fifthly. That all patents of land under the seal of the colony, granted by the Governor, should remain in full force.
“Sixthly. That the privilege of fifty acres of land for every person emigrating to the colony should remain in full force.
“Sevenths. That the people of Virginia have free trade, as the people of England enjoy, with all places and nations, according to the laws of the Commonwealth; and that Virginia should enjoy equal privileges, in every respect, with any other colony in America.
“Eighths. That Virginia should be free from all taxes, customs and impositions whatever; and that none should be imposed upon them without the consent of their Grand Assembly; and no forts or castles be erected, or garrisons maintained, without their consent.
“Ninth. That no charge should be required from the country on account of the expense incurred by the present fleet.
“Tenths. That this agreement should be tendered to all persons, and that such as should refuse to subscribe to it should have a year’s time to remove themselves and effects from Virginia, and in the meantime enjoy equal justice.”

The remaining articles were of less importance. This was followed by a supplemental treaty, for the benefit of the Governor and Council, and such soldiers as had served against the Commonwealth in England—allowing them the most favorable terms.

We need not enumerate the unconditional-surrender terms proposed by Lincoln. Their contrast to the overtures by which Cromwell pacificated the colony is too striking to require comment.

The record of Virginia from the first, warrants the pride and devotion of persons. The correspondence between the rights secured under the articles with the Commonwealth Parliament, and the rights mentioned in the Declaration of Independence, as violated by the British King, will suggest itself to every intelligent reader. That Old Dominion, with all its traditional love of monarchy; would not permit even its born king to trample upon its rights. If it did not lead the way in the American Revolution, it came up in due time; and, like a broad-shouldered and double-jointed giant, carried it through when others tottered and trembled under the burthen. “Beware of entrance to a quarrel, but, being in, bear it that the opposer may beware of thee,” seems to have been always the maxim of this deliberate and plucky old Commonwealth. But for Virginia, and Virginia’s Washington, what would have become of the American Revolution?

It becomes not us to speak of her career in the present war. She arrogates to herself no superiority over her patriotic and heroic sister States. She has been reproached, indeed, for coming so late into the contest. It is true, that in this Revolution, as in that of ’76, she was not in a hurry. She exhausted every effort for peace, conciliation and compromise before she drew the sword. She seemed like her great orator, Patrick Henry, somewhat awkward and hesitating in her first utterances in the grand debate. But she waxes warm as she proceeds, and then the lightnings flash and the thunders roll over the heated sky. Whatever be the result of this struggle, no Virginian will have reason to be ashamed of his State. Let Lincoln, more despotic than Cromwell, deprive her of her liberties and expunge her name from the roll of States, he cannot despoil her of the Past, nor extinguish the lustre with which History will reflect the majestic luminary long after it has descended beneath the horizon.

— The Daily Dispatch: 25 January 1865; Richmond Dispatch.

Incalculable Misery

Manuscript certificate of Governor Joel Parker's oath of office, 20 January 1863.
Manuscript certificate of Governor Joel Parker’s oath of office, 20 January 1863.

If the abolition of slavery be a necessary consequence of the war, both races will have to endure the evils which, in their present condition, it would bring on them, but to make emancipation the object of the war would be to use the treasure and blood of the country to carry out the political views which, to a great extent, produced the war; would be in bad faith to the nation, and especially to those who have freely given of their wealth, and voluntarily offered their lives to the Government, after that Government had, of its own accord, put on record that the war was not to be prosecuted for the purpose of “overthrowing the established institutions of the States.”

Our energies should be devoted to a restoration of the Union, and the problem of emancipation is one to be solved hereafter by the people of the States where the institution of slavery exists. To be a benefit even to the people in servitude, it should not come by fire and sword. The institutions of ages, interwoven with society, cannot thus be broken up without producing incalculable misery. If emancipation should ever come, it will come so as to be of the greatest benefit to both races. It will come, as it did in New Jersey, by the voluntary action of the people of the States where the institution exists, peacefully and gradually, and without the dictation or interference of the General Government or the governments of other States, and without calling on the other States to incur an immense debt, equivalent to a mortgage on every acre of land within their limits.

The project of emancipation, we fear, will prolong the war. Whether intended or not, like the unconstitutional creation of new States, it will have the effect of placing an obstacle in the way of the restoration of the Union; the great object for which we should contend.

We are told that the belief that slavery is the cause of the war, and that the war can never cease and the life of the nation be preserved, until slavery be abolished, has led to a departure from the original purpose of the war. This is the radical error of the emancipationists. Slavery is no more the cause of the war than gold is the cause of robbery or murder. With the same propriety it might be said that commerce was the cause of our last war with Great Britain, and that commerce should be abolished, because the impressment of American seamen led to the collision. In all these cases the evil passions of men, taking the form of illegal action, were the antecedent cause. If men will reform themselves, keep within the law, and observe constitutional requirements, there is no reason why we should not live together as harmoniously as our ancestors did in the earlier days of the Republic. Abolition and Secession are the authors of our calamity, and Abolition is the parent of Secession.

To those who regarded slavery as a sin, and were impelled by a law which they esteem higher than the Constitution, to effect emancipation at all hazards, it would be useless to say anything, except that they were no more responsible for the evils incident to slavery in the Southern States, than they were responsible for serfdom in the most distant country in Europe. They had about as much right to interfere in the one case as in the other. Slavery was here when the Constitution was formed. Its introduction was not the work of one section alone. The great and good men of that day, in framing the Constitution, recognized it as an existing institution. Its control was wisely left to the several States in which it existed. Without this the Constitution never would have been ratified. Of this class of men (who often neglect evils at home, and interfere where they have no legal right,) my predecessor, in the message before referred to, wisely remarked—”We give some of them credit for sincerity; but if so sensitive to wickedness, they will find enough to exercise their time and talents within the bounds of their own State, and probably within a narrower circle.”

— Inaugural Address of Joel Parker, Governor of New Jersey, 20 January 1863.

A Political Paradox

It is certainly not a little remarkable, that what has been so often asserted to be impossible,—for a State to be both in and out of the Union at the same time,—so far from being true, is the very reverse,—the only true and constitutional position of a State being precisely that which the argument supposes to be impossible. A State is at all times, so long as its proper position is maintained, both in and out of the Union ;—in, for all constitutional purposes,— and out, for all others ;—in, to the extent of the delegated powers, and out, to that of the reserved. Any other position would be either consolidation on the one side, or disunion on the other; and the argument, if it be good for any thing, would prove that our federated system, which is justly our pride and boast, is but a political paradox. Nor would it be much short of an equal paradox, if the States, in truth, possessed no right—as those who maintain the argument contend—to resist an attempt to force them from their true federative, constitutional position,—of being in and out, into that of being entirely in, or entirely out, either of which (the disease—and the only admitted remedy, according to this view without withdrawing from the Union), would be equally destructive of the system. And yet, by a strange confusion of ideas, this very right of resisting an attempt to force a State from its constitutional position, and which is indispensable to the preservation of the system, is considered as incompatible with its existence!

John C. Calhoun, Report prepared for the Committee on Federal Relations of the Legislature of South Carolina, at its Session in November 1831.

After Holiness the People Yearn

The religious tendencies of the American people are manifest. They cling to Protestantism in spite of its shifting doctrines and shambling organizations because it offers them the sovereignty of Jesus Christ for their soul’s salvation. According to the last census there are about thirteen millions of Protestant church members, and a moderate estimate of “adherents” would not fall short of a number three times as large.
Nothing can account for this condition but the prevalence of a powerful religious sentiment, dominant, almost universal, among our non-Catholic countrymen — a determination to secure eternal happiness by obedience to the Gospel of Christ. The entire nation is eager for religion. Earnest and virtuous men and women can win adherence everywhere to any form of Christian belief.

It is not mainly by family traditions, nor by social influences that the Protestant churches are kept up. It is by downright appeals to the religious sense of the people and by honest personal choice. The more worldly attractions are but adjuncts to the deep stirrings of religious aspirations.

It is pitiful to see how this fertile soil is wasted. Apart from the errors of the common run of sects, the most grotesque delusions gather followers if advocated by earnest men.

[…]

Having repudiated polygamy the Mormons enter the field with no small chance of success. If this preposterous and till recently unclean sect, can win converts in a typical American community, what cannot the Church of the living God do? And why do the Mormons succeed? Not because of their errors, but because of their earnestness, and because of the fragments of religious truth they have. “Holiness to the Lord!” is their motto, and after holiness the people yearn. Only brigands or monsters are drawn together by untruth or vice. Our fellow-countrymen are allured to the various sects by promise of union with God, made to them by deeply earnest missionaries — union with God by pardon of sin and the inner guidance of the Holy Spirit. Many of them, indeed, if not most of them, change from one erroneous view of the great problems of life to another, and keep onchanging. But there is every reason to believe that the Catholic Church with its unity of truth, its perfect rest of soul in the pardon of sin, its twofold union with God in the outer gift of the Holy Eucharist and inner touch of the Spirit, would win and hold them all. But this fulness of truth must be made known to them as their own sects have been — urged, pressed, thrust upon them by every missionary medium, and chiefly by that most resistless of all influences, earnest and devout men and women.

Everywhere in the rural districts (and this article does not refer to the larger cities) one hears of the missionaries of the various Protestant denominations. They hold meetings in the school-houses, they invite all to attend, and they plead for the love of Christ like men on fire. Nothing draws like Christ preached by a zealous man or woman. Then these rural “evangelists” go to the houses of the people, crave leave to pray with them and to read the Bible to them. The result is an increase of membership in the nearest church and often the formation of a new congregation. They organize the society, a minister is engaged, the country church is built, and so they continue for some years. But after a time, their children, if not themselves, are captured in the same way by a rival denomination, a Baptist missionary, a Methodist, a Campbellite, a Seventh-day Adventist, a Mormon, while you and I, brethren of the Apostolic Clergy, stand by and are content to laugh at the grotesque antics of our deluded brethren, as they leap up for the fruit of the tree of life and grasp only the leaves. Would that all of us loved the fruit as earnestly as many of them love the leaves.

— Walter Elliott, American Ecclesiastical Review,
Vol. I (XI.), September 1894, no. 3.

Anglo-Saxon America vs. “Roman Politico-Religion”

The Discovery of America by Christopher Columbus by Salvador Dali, c. 1958-1959, Salvador Dali Museum.
The Discovery of America by Christopher Columbus by Salvador Dali, c. 1958-1959, Salvador Dali Museum.

This the reason why it is necessary for the truth, as to the discovery of America, to be established immediately. The near approach of the four hundredth anniversary of the landing and alleged discovery of Columbus, has revived the subject in the public mind and the floating rumours, occasionally taking concrete form in the American newspapers, of a grand commemoration of the event, convert it into a subject that must soon be decided one way or the other, and the approaching date, October 12th, 1892, into the date of most momentous decision, one that will fairly shake the world with its reverberation! This approaching anniversary of fraudulent discovery, the resolution of the United States with regard to their celebration of it, or their refusal to celebrate it, will test the sincerity and earnestness of the work of which the year 1876 was the glorious centennial; it will decide whether the date 1892 is to obliterate the date 1776, whether the Government, claiming to be purely secular, which has from the hour the Constitution was framed refused to admit the word “God” into it, will then be willing to insert both God and Pope in it; whether the country that indignantly threw off all allegiance in 1776 will then yield allegiance to the foulest tyrant the world has ever had, the Roman Catholic power!

Marie A. Shipley, The Icelandic Discoverers of America, or, Honor to Whom Honor is Due, New York: J.B. Alen, 1891.

In the Committee on the Judiciary of the Senate and House, there is now pending a measure to declare October 12 a legal holiday, to be known as Columbus Day. Congressman Michael J. Hogan of New York, who introduced the measure in the House, is a Roman Catholic, ‘educated’ in parochial schools. Senator William M. Calder of New York, the Senate sponsor for an identically worded measure, who is ostensibly a Protestant, was given an honorary degree recently by one of the large New York Roman Catholic colleges, Archbishop Hayes presiding. Regarding Senator Calder’s act in introducing the ‘Columbus Day’ bill, the following statement by Jay W. Forrest, Master of the Sons and Daughters of Washington, printed in the New York Sun of May 31, is of interest: ‘The only people in the United States who want a Columbus holiday are the Irish Roman Catholic Knights of Columbus. When we as a nation start in making national holidays, we have plenty of Americans to honor first. The day of the man who bargains for the votes of the Irish in this country is over.’ The ‘Knights,’ who take Columbus as their patron, have been conducting an aggressive campaign to spread the Roman politico-religion over the United States, ‘revise’ our history, and attack our school system by opposing all legislative measures designed to strengthen it, notably the Towner-Sterling Education Bill. In the interest of this anti-Anglo Saxon system, Columbus is a leading medium of propaganda, the false argument being, that since he ‘discovered’ America, it rightfully belongs to his co-religionists. All this is being met and overcome at the present hour, because the rise of truth has overtaken the lie, and is putting it down. Every true American will take a lively interest in uncovering the falsity of the Columbus claim, and in helping to establish the truth concerning the discovery of America by Leif Ericson in the year 1000. Write letters to your local papers; enlighten your public officials, school teachers, and members of school boards; petition Washington to take the picture of Columbus from our paper currency and from our national public buildings! The sword of Truth is unsheathed. Wield it for the honor and redemption of our country, America!

c. 1922 circular letter simply signed “Truth”.