The Bill of Responsibilities

With Rights come Responsibilities–As Americans, we must accept responsibility with the gift of security of our rights. As the Founding Fathers of our nation set down the Bill of Rights, the first ten amendments to the US Constitution, to establish certain rights of American citizens, the Freedoms Foundation has outlined responsibilities of American citizens in a free society:

Preamble.

Freedom and responsibility are mutual and inseparable; we can ensure enjoyment of the one only by exercising the other. Freedom for all of us depends on responsibility by each of us.

To secure and expand our liberties, therefore, we accept these responsibilities as individual members of a free society:

1. To be fully responsible for our own actions and for the consequences of those actions. Freedom to choose carries with it the responsibility for our choices.
2. To respect the rights and beliefs of others. In a free society, diversity flourishes. Courtesy and consideration toward others are measures of a civilized society.
3. To give sympathy, understanding and help to others. As we hope others will help us when we are in need, we should help others when they are in need.
4. To do our best to meet our own and our families’ needs. There is no personal freedom without economic freedom. By helping ourselves and those closest to us to become productive members of society, we contribute to the strength of the nation.
5. To respect and obey the laws. Laws are mutually accepted rules by which, together, we maintain a free society. Liberty itself is built on a foundation of law. That foundation provides an orderly process for changing laws. It also depends on our obeying laws once they have been freely adopted.
6. To respect the property of others, both private and public. No one has a right to what is not his or hers. The right to enjoy what is ours depends on our respecting the right of others to enjoy what is theirs.
7. To share with others our appreciation of the benefits and obligations of freedom. Freedom shared is freedom strengthened.
8. To participate constructively in the nation’s political life. Democracy depends on an active citizenry. It depends equally on an informed citizenry.
9. To help freedom survive by assuming personal responsibility for its defense. Our nation cannot survive unless we defend it. Its security rests on the individual determination of each of us to help preserve it.
10. To respect the rights and to meet the responsibilities on which our liberty rests and our democracy depends. This is the essence of freedom. Maintaining it requires our common effort, all together and each individually.

The Battle Hymn of the Republic

The Battle Hymn of the Republic

Julia Ward Howe

Mine eyes have seen the glory of the coming of the Lord
He is trampling out the vintage where the grapes of wrath are stored,
He has loosed the fateful lightening of His terrible swift sword
His truth is marching on.

Glory! Glory! Hallelujah!
Glory! Glory! Hallelujah!
Glory! Glory! Hallelujah!
His truth is marching on.

I have seen Him in the watch-fires of a hundred circling camps
They have builded Him an altar in the evening dews and damps
l can read His righteous sentence by the dim and flaring lamps
His day is marching on.

Glory! Glory! Hallelujah!
Glory! Glory! Hallelujah!
Glory! Glory! Hallelujah!
His truth is marching on.

I have read a fiery gospel writ in burnish`d rows of steel,
“As ye deal with my contemners, So with you my grace shall deal;”
Let the Hero, born of woman, crush the serpent with his heel
Since God is marching on.

Glory! Glory! Hallelujah!
Glory! Glory! Hallelujah!
Glory! Glory! Hallelujah!
His truth is marching on.

He has sounded forth the trumpet that shall never call retreat
He is sifting out the hearts of men before His judgment-seat
Oh, be swift, my soul, to answer Him! be jubilant, my feet!
Our God is marching on.

Glory! Glory! Hallelujah!
Glory! Glory! Hallelujah!
Glory! Glory! Hallelujah!
His truth is marching on.

In the beauty of the lilies Christ was born across the sea,
With a glory in His bosom that transfigures you and me:
As He died to make men holy, let us die to make men free,
While God is marching on.

Glory! Glory! Hallelujah!
Glory! Glory! Hallelujah!
Glory! Glory! Hallelujah!
His truth is marching on.

The 1754 Albany Plan of Union

          It is proposed that humble application be made for an act of Parliament of Great Britain, by virtue of which one general government may be formed in America, including all the said colonies, within and under which government each colony may retain its present constitution, except in the particulars wherein a change may be directed by the said act, as hereafter follows.

That the said general government be administered by a President-General, to be appointed and supported by the crown; and a Grand Council, to be chosen by the representatives of the people of the several Colonies met in their respective assemblies.

1. That within ___ months after the passing such act, the House of Representatives that happen to be sitting within that time, or that shall be especially for that purpose convened, may and shall choose members for the Grand Council, in the following proportion, that is to say,
2. —–who shall meet for the first time at the city of Philadelphia, being called by the President-General as soon as conveniently may be after his appointment.
3. That there shall be a new election of the members of the Grand Council every three years; and, on the death or resignation of any member, his place should be supplied by a new choice at the next sitting of the Assembly of the Colony he represented.
4. That after the first three years, when the proportion of money arising out of each Colony to the general treasury can be known, the number of members to be chosen for each Colony shall, from time to time, in all ensuing elections, be regulated by that proportion, yet so as that the number to be chosen by any one Province be not more than seven, nor less than two.
5. That the Grand Council shall meet once in every year, and oftener if occasion require, at such time and place as they shall adjourn to at the last preceding meeting, or as they shall be called to meet at by the President-General on any emergency; he having first obtained in writing the consent of seven of the members to such call, and sent duly and timely notice to the whole.
6. That the Grand Council have power to choose their speaker; and shall neither be dissolved, prorogued, nor continued sitting longer than six weeks at one time, without their own consent or the special command of the crown.
7. That the members of the Grand Council shall be allowed for their service ten shillings sterling per diem, during their session and journey to and from the place of meeting; twenty miles to be reckoned a day’s journey.
8. That the assent of the President-General be requisite to all acts of the Grand Council, and that it be his office and duty to cause them to be carried into execution.
9. That the President-General, with the advice of the Grand Council, hold or direct all Indian treaties, in which the general interest of the Colonies may be concerned; and make peace or declare war with Indian nations.
10. That they make all purchases from Indians, for the crown, of lands not now within the bounds of particular Colonies, or that shall not be within their bounds when some of them are reduced to more convenient dimensions.
11. That they make new settlements on such purchases, by granting lands in the King’s name, reserving a quitrent to the crown for the use of the general treasury.
12. That they make laws for regulating and governing such new settlements, till the crown shall think fit to form them into particular governments.
13. That they raise and pay soldiers and build forts for the defence of any of the Colonies, and equip vessels of force to guard the coasts and protect the trade on the ocean, lakes, or great rivers; but they shall not impress men in any Colony, without the consent of the Legislature.
14. That for these purposes they have power to make laws, and lay and levy such general duties, imposts, or taxes, as to them shall appear most equal and just (considering the ability and other circumstances of the inhabitants in the several Colonies), and such as may be collected with the least inconvenience to the people; rather discouraging luxury, than loading industry with unnecessary burdens.
15. That they may appoint a General Treasurer and Particular Treasurer in each government when necessary; and, from time to time, may order the sums in the treasuries of each government into the general treasury; or draw on them for special payments, as they find most convenient.
16. Yet no money to issue but by joint orders of the President-General and Grand Council; except where sums have been appropriated to particular purposes, and the President-General is previously empowered by an act to draw such sums.
17. That the general accounts shall be yearly settled and reported to the several Assemblies.
18. That a quorum of the Grand Council, empowered to act with the President-General, do consist of twenty-five members; among whom there shall be one or more from a majority of the Colonies.
19. That the laws made by them for the purposes aforesaid shall not be repugnant, but, as near as may be, agreeable to the laws of England, and shall be transmitted to the King in Council for approbation, as soon as may be after their passing; and if not disapproved within three years after presentation, to remain in force.
20. That, in case of the death of the President-General, the Speaker of the Grand Council for the time being shall succeed, and be vested with the same powers and authorities, to continue till the King’s pleasure be known.
21. That all military commission officers, whether for land or sea service, to act under this general constitution, shall be nominated by the President-General; but the approbation of the Grand Council is to be obtained, before they receive their commissions. And all civil officers are to be nominated by the Grand Council, and to receive the President-General’s approbation before they officiate.
22. But, in case of vacancy by death or removal of any officer, civil or military, under this constitution, the Governor of the Province in which such vacancy happens may appoint, till the pleasure of the President-General and Grand Council can be known.
23. That the particular military as well as civil establishments in each Colony remain in their present state, the general constitution notwithstanding; and that on sudden emergencies any Colony may defend itself, and lay the accounts of expense thence arising before the President-General and General Council, who may allow and order payment of the same, as far as they judge such accounts just and reasonable.

Test Ban Treaty (1963)

Test Ban Treaty (1963)

In August of 1945, when the United States dropped two atomic bombs on Japan, World War II came to a conclusion.

Continued testing of atomic and then hydrogen devices lead to a rising concern about the effects of radioactive fallout. As knowledge of the nature and effects of fallout increased, and as it became apparent that no region in the world was untouched by radioactive debris, the issue of continued nuclear tests drew widened and intensified public attention. Apprehension was expressed about the possibility of a cumulative contamination of the environment and of resultant genetic damage.

Efforts to negotiate an international agreement to end nuclear tests began in the Subcommittee of Five (the United States, the United Kingdom, Canada, France, and the Soviet Union) of the United Nations Disarmament Commission in May 1955. Public interest in the course of the negotiations was active and persistent. A dozen resolutions of the UN General Assembly addressed the issue, repeatedly urging conclusion of an agreement to ban tests under a system of international controls. Efforts to achieve a test ban agreement extended over eight years because they involved complex technical problems of verification and the difficulties of reconciling deep-seated differences in approach to arms control and security. The uneven progress of the negotiations was also a result of regular fluctuations in East-West political relationships during the Cold War.

The Test Ban Treaty was signed in Moscow on August 5, 1963; ratified by the United States Senate on September 24, 1963; and entered into force on October 11, 1963. The treaty prohibited nuclear weapons tests “or any other nuclear explosion” in the atmosphere, in outer space, and under water. While not banning tests underground, the treaty prohibited such explosions if they caused “radioactive debris to be present outside the territorial limits of the State under whose jurisdiction or control” the explosions were conducted. In accepting limitations on testing, the nuclear powers accepted as a common goal “an end to the contamination of man’s environment by radioactive substances.”

Transcript of Test Ban Treaty (1963)

TREATY
banning nuclear weapon tests in the atmosphere, in outer space and under water

The Governments of the United States of America, the United Kingdom of Great Britain and Northern Ireland, and the Union of Soviet Socialist Republics, hereinafter referred to as the “Original Parties,”

Proclaiming as their principal aim the speediest possible achievement of an agreement on general and complete disarmament under strict international control in accordance with the objectives of the United Nations which would put an end to the armaments race and eliminate the incentive to the production and testing of all kinds of weapons, including nuclear weapons,

Seeking to achieve the discontinuance of all test explosions of nuclear weapons for all time, determined to continue negotiations to this end, and desiring to put an end to the contamination of mans environment by radioactive substances,

Have agreed as follows:

Article I

1. Each of the Parties to this Treaty undertakes to prohibit, to prevent, and not to carry out any nuclear weapon test explosion, or any other nuclear explosion, at any place under its jurisdiction or control:

(a) in the atmosphere; beyond its limits, including outer space; or under water, including territorial waters or high seas; or
(b) in any other environment if such explosion causes radioactive debris to be present outside the territorial limits of the State under whose jurisdiction or control such explosion is conducted. It is understood in this connection that the provisions of this subparagraph are without prejudice to the conclusion of a Treaty resulting in the permanent banning of all nuclear test explosions, including all such explosions underground, the conclusion of which, as the Parties have stated in the Preamble to this Treaty, they seek to achieve.

2. Each of the Parties to this Treaty undertakes furthermore to refrain from causing, encouraging, or in any way participating in, the carrying out of any nuclear weapon test explosion, or any other nuclear explosion, anywhere which would take place in any of the environments described, or have the effect referred to, in paragraph 1 of this Article.

Article II

1. Any Party may propose amendments to this Treaty. The text of any proposed amendment shall be submitted to the Depositary Governments which shall circulate it to all Parties to this Treaty. Thereafter, if requested to do so by one-third or more of the Parties, the Depositary Governments shall convene a conference, to which they shall invite all the Parties, to consider such amendment.

2. Any amendment to this Treaty must be approved by a majority of the votes of all the Parties to this Treaty, including the votes of all of the Original Parties. The amendment shall enter into force for all Parties upon the deposit of instruments of ratification by a majority of all the Parties, including the instruments of ratification of all of the Original Parties.

Article III

1. This Treaty shall be open to all States for signature. Any State which does not sign this Treaty before its entry into force in accordance with paragraph 3 of this Article may accede to it at any time.

2. This Treaty shall be subject to ratification by signatory States. Instruments of ratification and instruments of accession shall be deposited with the Governments of the Original Parties — the United States of America, the United Kingdom of Great Britain and Northern Ireland, and the Union of Soviet Socialist Republics — which are hereby designated the Depositary Governments.

3. This Treaty shall enter into force after its ratification by all the Original Parties and the deposit of their instruments of ratification.

4. For States whose instruments of ratification or accession are deposited subsequent to the entry into force of this Treaty, it shall enter into force on the date of the deposit of their instruments of ratification or accession.

5. The Depositary Governments shall promptly inform all signatory and acceding States of the date of each signature, the date of deposit of each instrument of ratification of and accession to this Treaty, the date of its entry into force, and the date of receipt of any requests for conferences or other notices.

6. This Treaty shall be registered by the Depositary Governments pursuant to Article 102 of the Charter of the United Nations.

Article IV

This Treaty shall be of unlimited duration.

Each Party shall in exercising its national sovereignty have the right to withdraw from the Treaty if it decides that extraordinary events, related to the subject matter of this Treaty, have jeopardized the supreme interests of its country. It shall give notice of such withdrawal to all other Parties to the Treaty three months in advance.

Article V

This Treaty, of which the English and Russian texts are equally authentic, shall be deposited in the archives of the Depositary Governments. Duly certified copies of this Treaty shall be transmitted by the Depositary Governments to the Governments of the signatory and acceding States.

IN WITNESS WHEREOF the undersigned, duly authorized, have signed this Treaty.

DONE in triplicate at the city of Moscow the fifth day of August, one thousand nine hundred and sixty-three.

For the Government of the United States of America
DEAN RUSK

For the Government of the United Kingdom of Great Britain and Northern Ireland
SIR DOUGLAS HOME

For the Government of the Union of Soviet Socialist Republics
A. GROMYKO

Teller Amendment  1898

The Teller Amendment,1898

Whereas the abhorrent conditions which have existed for more than three years in the Island of Cuba, so near our own borders, have shocked the moral sense of the people of the United States, have been a disgrace to Christian civilization, culminating, as they have, in the destruction of a United States battle ship, with two hundred and sixty-six of its officers and crew, while on a friendly visit in the harbor of Havana, and can not longer be endured, as has been set forth by the President of the United States in his message to Congress of April eleventh, eighteen hundred and ninety-eight, upon which the action of Congress was invited: Therefore,

Resolved, First. That the people of the Island of Cuba are, of right ought to be, free and independent.

Second. That it is the duty of the United States to demand, and the Government of the United States does hereby demand, that the Government of Spain at once relinquish its authority and government in the Island of Cuba and withdraw its land and naval forces from Cuba and Cuban waters.

Third. That the President of the United States be, and he hereby is, directed and empowered to use the entire land and naval forces of the United States, and to call into the actual service of the United States the militia of the several States, to such extent as may be necessary to carry these resolutions into effect.

Fourth. That the United States hereby disclaims any disposition or intention to exercise sovereignty, jurisdiction, or control over said Island except for the pacification thereof, and asserts its determination, when that is accomplished, to leave the government and control of the Island to its people.

Telegram Announcing the Surrender of Fort Sumter (1861)

Telegram Announcing the Surrender of Fort Sumter (1861)

On April 10, 1861, Brig. Gen. Pierre G.T. Beauregard, in command of the provisional Confederate forces at Charleston, SC, demanded the surrender of the U.S. garrison of Fort Sumter in Charleston Harbor. Garrison commander Robert Anderson refused. On April 12, Confederate batteries opened fire on the fort, which was unable to reply effectively. At 2:30 p.m., April 13, Major Anderson surrendered Fort Sumter, evacuating the garrison on the following day. The bombardment of Fort Sumter was the opening engagement of the American Civil War. From 1863 to 1865, the Confederates at Fort Sumter withstood a 22-month siege by Union forces. During this time, most of the fort was reduced to brick rubble.

Tea Act of 1773

The Tea Act of 1773

An act to allow a drawback of the duties of customs on the exportation of tea to any of his Majesty’s colonies or plantations in America; to increase the deposit on bohea tea to be sold at the India Company’s sales; and to impower the commissioners of the treasury to grant licences to the East India Company to export tea duty-free.

WHEREAS by an act, made in the twelfth year of his present Majesty’s reign, (intituled, An act for granting a drawback of part of the customs upon the exportation of tea to Ireland, and the British dominions in America; for altering the drawback upon foreign sugars exported from Great Britain to Ireland; for continuing the bounty on the exportation of British-made cordage; for allowing the importation of rice from the British plantations into the ports of Bristol, Liverpoole, Lancaster, and Whitehaven, for immediate exportation to foreign parts; and to impower the chief magistrate of any corporation to administer the oath, and grant the certificate required by law, upon the removal of certain goods to London, which have been sent into the country for sale;) it is amongst other things, enacted, That for and during the space of five years, to be computed from and after the fifth day of July, one thousand seven hundred and seventy-two, there shall be drawn back and allowed for all teas which shall be sold after the said fifth day of July, one thousand seven hundred and seventy-two, at the publick sale of the united company of merchants of England trading to the East Indies, or which after that time shall be imported, by licence, in pursuance of the said therein and hereinafter mentioned act, made in the eighteenth year of the reign of his late majesty King George the Second, and which shall be exported from this kingdom, as merchandise, to Ireland, or any of the British colonies or plantations in America, three-fifth parts of the several duties of customs which were paid upon the importation of such teas; which drawback or allowance, with respect to such teas as shall be exported to Ireland, shall be made to the exporter, in such manner, and under such rules, regulations, securities, penalties, and forfeitures, as any drawback or allowance was then payable, out of the duty of customs upon the exportation of foreign goods to Ireland; and with respect to such teas as shall be exported to the British colonies and plantations in America, the said dreawback or allowance shall be made in such manner, and under such rules, regulations, penalties, and forfeitures, as any drawback or allowance payable out of the duty of customs upon foreign goods exported to foreign parts, was could, or might be made, before the passing of the said act of the twelfth year of his present Majesty’s reign, (except in such cases as are otherwise therein provided for:) and whereas it may tend to the benefit and advantage of the trade of the said united company of merchants of England trading to the East Indies, if the allowance of the drawback of the duties of customs upon all teas sold at the publick sales of the said united company, after the tenth day of May, one thousand seven hundred and seventy-three, and which shall be exported from this kingdom, as merchandise, to any of the British colonies or plantations in America, were to extend to the whole of the said duties of customs payable upon the importation of such teas; may it therefore please your Majesty that it may be enacted; and be it enacted by the King’s most excellent majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present parliament assembled, and by the authority of the same, That there shall be drawn back and allowed for all teas, which, from and after the tenth day of May, one thousand seven hundred and seventy-three, shall be sold at the publick sales of the said united company, or which shall be imported by licence, in pursuance of the said act made in the eighteenth year of the reign of his late majesty King George the Second, and which shall, at any time hereafter, be exported from this kingdom, as merchandise, to any of the British colonies or plantations in America, the whole of the duties of customs payable upon the importation of such teas; which drawback or allowance shall be made to the exporter in such manner, and under such rules, regulations, and securities, and subject to the like penalties and forfeitures, as the former drawback or allowance granted by the said recited act of the twelfth year of his present Majesty’s reign, upon tea exported to the said British colonies and plantations in America was, might, or could be made, and was subject to by the said recited act, or any other act of parliament now in force, in as full and ample manner, to all intents and purposes, as if the several clauses relative thereto were again repeated and re-enacted in this present act.

II. And whereas by one other act made in the eighteenth year of the reign of his late majesty King George the Second, (intituled, An act for repealing the present inland duty of four shillings per pound weight upon all tea sold in Great Britain; and for granting to his Majesty certain other inland duties in lieu thereof; and for better securing the duty upon tea, and other duties of excise; and for pursuing offenders out of one county into another,) it is, amongst other things, enacted, That every person who shall, at any publick sale of tea made by the united company of merchants of England trading to the East Indies, be declared to be the best bidder for any lot or lots of tea, shall, within three days after being so declared the best bidder or bidders for the same, deposit with the said united company, or such clerk or officer as the said company shall appoint to receive the same, forty shillings for every tub and for every chest of tea; and in case any such person or persons shall refuse or neglect to make such deposit within the time before limited, he, she, or they, shall forfeit and lose six times the value of such deposit directed to be made as aforesaid, to be recovered by action of debt, bill, plaint, or information, in any of his Majesty’s courts of record at Westminster, in which no essoin, protection, or wager of law, or more than one imparlance, shall be allowed; one moiety of which forfeiture shall go to his Majesty, his heirs and successors, and the other moiety to such person as shall sue or prosecute for the same; and the sale of all teas, for which such deposit shall be neglected to be made as aforesaid, is thereby declared to be null and void, and such teas shall be again put up by the said united company to publick sale, within fourteen days after the end of the sale of teas at which such teas were sold; and all and every buyer or buyers, who shall have neglected to make such deposit as aforesaid, shall be, and is and are thereby rendered incapable of bidding for or buying any teas at any future publick sale of the said united company: and whereas it is found to be expedient and necessary to increase the deposit to be made by any bidder or bidders for any lot or lots of bohea teas, at the publick sales of teas to be made by the said united company; be it enacted by the authority aforesaid, That every person who shall, after the tenth day of May, one thousand seven hundred and seventy-three, at any publick sale of tea to be made by the said united company of merchants of England trading to the East Indies, be declared to be the best bidder or bidders for any lot or lots of bohea tea, shall, within three days after being so declared the best bidder or bidders for the same, deposit with the said united company, or such clerk or officer as the said united company shall appoint to receive the same, four pounds of lawful money of Great Britain for every tub and for every chest of bohea tea, under the same terms and conditions, and subject to the same forfeitures, penalties, and regulations, as are mentioned and contained in the said recited act of the eighteenth year of the reign of his said late Majesty.

III. And be it further enacted by the authority aforesaid, That it shall and may be lawful for the commissioners of his Majesty’s treasury, or any three or more of them, or for the high treasurer for the time being, upon application made to them by the said united company of merchants of England trading to the East Indies for that purpose, to grant a licence or licences to the said united company, to take out of their warehouses, without the same having been put up to sale, and to export to any of the British plantations in America, or to any parts beyond the seas, such quantity or quantities of tea as the said commissioners of his Majesty’s treasury, or any three or more of them, or the high treasurer for the time being, shall think proper and expedient, without incurring any penalty or forfeiture for so doing; any thing in the said in part recited act, or any other law, to the contrary notwithstanding.

IV. And whereas by an act made in the ninth and tenth years of the reign of King William the Third, (intituled, An act for raising a sum not exceeding two millions, upon a fund, for payment of annuities, after the rate of eight pounds per centum per annum; and for settling the trade to the East Indies,) and by several other acts of parliament which are now in force, the said united company of merchants of England trading to the East Indies are obliged to give security, under their common seal, for payment of the duties of customs upon all unrated goods imported by them, so soon as the same shall be sold; and for exposing such goods to sale, openly and fairly, by way of auction, or by inch of candle, within the space of three years from the importation thereof: and whereas it is expedient that some provision should be made to permit the said company, in certain cases, to export tea, on their own account, to the British plantations in America, or to foreign parts, without exposing such tea, to sale here, or being charged with the payment of any duty for the same; be it therefore enacted by the authority aforesaid, That from and after the passing of this act, it shall and may be lawful for the commissioners of his Majesty’s treasury, or any three or more of them, or the high treasurer for the time being, to grant a licence or quantity of licences to the said united company, to take out of their warehouses such quantity or quantities of tea as the said commissioners of the treasury, or any three or more of them, or the high treasurer for the time being, shall think proper, without the same having been exposed to sale in this kingdom; and to export such tea to any of the British colonies or plantations in America, or to foreign parts, discharged from the payment of any customs or duties whatsoever; any thing in the said recited act, or any other act to the contrary notwithstanding.

V. Provided always, and it is hereby further enacted by the authority aforesaid, That a due entry shall be made at the custom-house, of all such tea so exported by licence, as aforesaid, expressing the quantities thereof, at what time imported, and by what ship; and such tea shall be shipped for exportation by the proper officer for that purpose, and shall, in all other respects, not altered by this act, be liable to the same rules, regulations, restrictions, securities, penalties, and forfeitures, as tea penalties, &c. exported to the like places was liable to before the passing this act: and upon the proper officer’s duty, certifying the shipping of such tea to the collector and comptroller of his Majesty’s customs for the port of London, upon the back of the licence, and the exportation thereof, verified by the oath of the husband or agent for the said united company, to be wrote at the bottom of such certificate, and sworn before the said collector and comptroller of the customs, (which oath they are hereby impowered to administer,) it shall and may be lawful for such collector and comptroller to write off and discharge the quantity of tea so exported from the warrant of the respective ship in which such tea was imported.

VI. Provided nevertheless, That no such licence shall be granted, unless it shall first be made to appear to the satisfaction of the commissioners of his Majesty’s treasury, or any three or more of them, or the high treasurer for the time being, that at the time of taking out such teas, for the exportation of which licence or licences shall be granted, there will be left remaining in the warehouses of the said united company, a quantity of tea not less than ten millions of pounds weight; any thing herein, or in any other act of parliament, contained to the contrary thereof notwithstanding.

Tariff of Abominations  1828

“TARIFF OF ABOMINATIONS”

(Sources: Davisdon, Gienapp, Heyrman, Lytle and Stoff’s Nation of Nations, A Narrative History of the American Republic, Alfred A. Knopf, c1991; and Alfred H. Kelly & Winfred A. Harbison, The American Constitution, Its Origins and Development, Fourth Edition, W.W. Norton & Co., Inc. c1970.)

Congress had raised duties in 1816 and again in 1824. The tariff of 1824 included high duties on imported agricultural goods such as hemp, wheat and liquor to protect western farmers; imported textiles to protect New England interests; and iron to protect mining and forging industries of Pennsylvania. South Carolina had been particularly hard hit by the depression of 1819. The tariffs increased the prices of their imported goods by as much as 50 percent. South Carolina asserted that the tariffs were unfair as a tax on Southern agriculture for the benefit of Northern industry.

When Congress raised the duties even higher in 1828 with the so-called “Tariff of Abominations,” South Carolina’s Legislature published the “South Carolina Exposition and Protest,” or South Carolina Doctrine, protesting the tariff as unconstitutional and advancing the theory of nullification. The Exposition declared that a sovereign State had the right to determine through a convention whether an act of Congress was unconstitutional and whether it constituted such a dangerous violation “as to justify the interposition of the State to protect its rights.” If so, the convention would then decide in what manner the act ought to be declared null and void within the limits of the State, and the declaration would be obligatory on her own citizens, as well as the national government.

U.S. Vice President John C. Calhoun was the (secret) author of the nullification theory. The Union, he argued, was a compact or league between sovereign States. Sovereignty by its very nature was indivisible and absolute. Ultimate sovereignty could not be inherent in both the federal and State governments. The American colonies had always existed as distinct political communities, which became free, independent and sovereign states at the revolution. The Articles of Confederation had recognized that separate sovereignty. The Constitution of the United States had also been drafted by delegates acting and voting as states and the compact had been ratified by the separate states, each acting as a sovereign entity. Although the various States had delegated a portion of their functions to the federal government, they had not surrendered their ultimate sovereignty, which was by nature indivisible.

The Constitution was not supreme law, but a contract or agreement between sovereign states that set up a federal government to perform certain functions for the contracting parties. As such, the States possessed the final authority to interpret the Constitution. The central government could not pretend to sovereignty. There was no such thing as an American nation. The “people” were a political fiction, which under central government had come to mean the collective popular majority. The numerical majority would become tyrannical and disregard the Constitution in order to destroy minority rights. The only safeguard for minority rights was State sovereignty and nullification. Nullification was “simply a declaration on the part of the principal, made in due form, that an act of the agent transcending his power is null and void.” (The American Constitution at 309.)

The central government was not a separate sovereignty, but simply an agent of the several States. Thus the people of each State, acting in special conventions, had the right to nullify federal law that exceeded the powers granted to Congress through the Constitution. If a popular convention declared a law unconstitutional, it would become null and void in a State. Congress could then either yield and repeal the law or propose a constitutional amendment expressly giving it the power in question. If the amendment was ratified by three-fourths of the States and added to the Constitution, the nullifying State could then either accept the decision or exercise its ultimate right as a sovereign state and secede from the Union.

When Senator Robert Hayne of South Carolina explained Calhoun’s theory on the floor of the Senate, Senator Daniel Webster of Massachusetts replied that the Union was not a compact of sovereign states.

When Congress passed another tariff in 1832, moderating some of the duties of the prior act but continuing the protective system, South Carolina’s legislature called for the election of delegates to a popular convention on November 10 to decide whether the State would nullify the new tariff according to Calhoun’s formula. The convention overwhelmingly adopted an ordinance of nullification drawn by Chacellor William Harper by a vote of 136 to 26. The ordinance declared the tariffs of 1828 and 1832 “unauthorized by the Constitution” and “null, void, and no law, nor binding upon this State, its officers or its citizens” after February 1, 1833. The convention also established legal penalties for any State or federal officer who attempted to collect the tariff duties. It declared that in no case at law or equity in the courts of the State could the validity of the ordinance or implementing legislation be questioned and that no appeal could be taken to the Supreme Court of the United States.

The legislature further enacted a replevin act authorizing the owner of imported goods that were seized by customs officials for nonpayment of duties to recover them (or twice their value) from customs officials. The law also authorized the governor to call out the militia to enforce the laws of the State. The nullifiers declared that any effort of the federal government to employ naval or military force to coerce the State, close its ports, destroy or harass its commerce, or enforce the tariff acts, would impel the people of South Carolina to secede from the Union and organize a separate independent government.

In November 1832, President Andrew Jackson sent seven small naval vessels and a man-of-war to Charleston with orders to be ready for instant action. In December, 1832, he issued a “Proclamation On Nullification” to the people of South Carolina written by Secretary of State Livingston, stating that the Union was perpetual, and under the Constitution, there was no right of secession. The United States was a nation and not a league and secession was revolutionary and would destroy the nation.

The power to annual a law of the United States, assumed by one State, Jackson stated, was “incompatible with the existence of the Union, contradicted expressly by the letter of the Constitution, unauthorized by its spirit, inconsistent with every principle on which it was founded, and destructive of the great object for which it was formed,” (Robert Kelley’s The Shaping of the American Past, Fifth Edition, Prentice Hall, c1990, pg 266.)

The proclamation ended in a strong plea and threat: “Those who told you that you might peaceably prevent [the execution of the laws] deceived you; they could not have been deceived themselves… Their object is disunion. But be not deceived by names. Disunion by armed force is treason. Are you really ready to incur its guilt? If you are, on the heads of the instigators of the act be the dreadful consequences; on their heads be the dishonor, but on yours may fall the punishment. On your unhappy State will inevitably fall all the evils of the conflict you force upon the Government of your country… I adjure you … to retrace your steps.” (Source: Essay by Hal Morris based mainly on: Robert V. Remini’s, The Life of Andrew Jackson for The American Revolution.)

Jackson claimed he could have 100,000 men on the side of the Union in a matter of weeks. The South Carolina legislature authorized its Governor to call a draft, and appropriated $200,000 for arms.

On the 16th of January, Jackson requested that Congress take steps that would “solemnly proclaim that the Constitution and the laws are supreme and the Union indissoluble.” (The American Constitution at 313.) He also sent to Congress the “Force Bill” (often called the “Bloody Bill”), reaffirming the President’s powers to call up State militias, the army and navy to quell any insurrection and granted greater powers to use the courts to enforce collection of duties. The bill asserted the supreme sovereignty of the national government and its right to enforce its statutes directly upon individuals by force, if necessary. The Force Act passed in the Senate 32-1, with nearly all the nullifiers having walked out to avoid casting any vote and in March, the House passed the Force Act 149-48. On March 1, the Senate passed a Compromise Tariff.

The Civil War’s Tragic Legacy

The Civil War produced at least two important outcomes. First, although it was not President Lincoln’s intent, it freed slaves in the Confederate States. Second, it settled, through the force of arms, the question of whether states could secede from the Union. The causes of and the issues surrounding America’s most costly war, in terms of battlefield casualties, are still controversial. Even its name the – Civil War – is in dispute, and plausibly so.

A civil war is a struggle between two or more factions seeking to control the central government. Modern examples of civil wars are the conflicts we see in Lebanon, Liberia and Angola. In 1861, Jefferson Davis, the President of the Confederate States, no more wanted to take over Washington, D.C. than George Washington wanted to take over London in 1776. George Washington and the Continental Congress were fighting for independence from Great Britain. Similarly, the Confederate States were fighting for independence from the Union. Whether one’s sentiments lie with the Confederacy or with the Union, a more accurate characterization of the war is that it was a war for southern independence; a frequently heard southern reference is that it was the War of Northern Aggression.

History books most often say the war was fought to free the slaves. But that idea is brought into serious question considering what Abraham Lincoln had to say in his typical speeches: “I have no purpose, directly or indirectly, to interfere with the institution of slavery in the states where it exists. I believe I have no lawful right to do so, and I have no inclination to do so.” Slavery makes for great moral cause celebre for the War Between the States but the real causes had more to do with problems similar to those the nation faces today – a federal government that has escaped the limits the Framers of the Constitution envisioned.

South Carolina Senator John C Calhoun expressed that concern in his famous Fort Hill Address July 26, 1831, at a time when he was Andrew Jackson’s vice-president. Calhoun said, “Stripped of all its covering, the naked question is, whether ours is a federal or consolidated government; a constitutional or absolute one; a government resting solidly on the basis of the sovereignty of the States, or on the unrestrained will of a majority; a form of government, as in all other unlimited ones, in which injustice, violence, and force must ultimately prevail.”

Calhoun’s fear, as well as that of Thomas Jefferson, was Washington’s usurpation of powers constitutionally held by the people and the states, typically referred to as consolidation in their day. A significant bone of contention were tariffs enacted to protect northern manufacturing interests. Referring to those tariffs, Calhoun said, “The North has adopted a system of revenue and disbursements, in which an undue proportion of the burden of taxation has been imposed on the South, and an undue proportion of its proceeds appropriated to the North.” The fact of the matter was that the South exported a large percentage of its output, mainly agricultural products; therefore, import duties on foreign products extracted far more from the South than the North. Southerners complained of having to pay either high prices for northern-made goods or high tariffs on foreign-made goods. They complained about federal laws not that dissimilar to Navigation Acts that angered the Founders and contributed to the 1776 war for independence. Speaking before the Georgia legislature, in November 1860, Senator Robert Toombs said, “. . . They [Northern interests] demanded a monopoly of the business of shipbuilding, and got a prohibition against the sale of foreign ships to the citizens of the United States. . . . They demanded a monopoly of the coasting trade, in order to get higher freight prices than they could get in open competition with the carriers of the world. . . . And now, today, if a foreign vessel in Savannah offer [sic] to take your rice, cotton, grain or lumber to New York, or any other American port, for nothing, your laws prohibit it, in order that Northern ship-owners may get enhanced prices for doing your carrying.”

A precursor for the War Between the States came in 1832. South Carolina called a convention to nullify new tariff acts of 1828 and 1832 they referred to as “the tariffs of abomination.” The duties were multiples of previous duties and the convention declared them unconstitutional and authorized the governor to resist federal government efforts to enforce and collect them. After reaching the brink of armed conflict with Washington, a settlement calling for a stepped reduction in tariffs was reached – called the Great Compromise of 1833.

South Carolinians believed there was precedence for the nullification of unconstitutional federal laws. Both Thomas Jefferson and James Madison suggested the doctrine in 1798. The nullification doctrine was used to nullify federal laws in Georgia, Alabama, Pennsylvania and New England States. The reasoning was that the federal government was created by, and hence the agent of, the states.

When Congress enacted the Morrill Act (1861), raising tariffs to unprecedented levels, the South Carolina convention unanimously adopted and Ordinance of Secession declaring “We assert that fourteen of the States have deliberately refused for years past to fulfill their constitutional obligations. . . . Thus the constitutional compact has been deliberately broken and disregarded by the nonslaveholding States; and the consequence follows is that South Carolina is released from her obligation. . . .” Continuing, the Ordinance declared, “We, therefore the people of South Carolina, by our delegates in Convention assembled, appealing to the Supreme Judge of the world for the rectitude of our intentions, have solemnly declared that the Union heretofore existing between this State and the other States of North America is dissolved and that the State of South Carolina has resumed her position among the nations of the world, as a separate and independent State, with the full power to levy war, conclude peace, contract alliances, establish commerce and to do other things which independent States may of right do.” Next year war started when South Carolinians fired on Fort Sumter, an island in the harbor of Charleston, South Carolina.

The principle-agent relationship between the states and federal government was not an idea invented by South Carolina in 1861; it was a relation taken for granted. At Virginia’s convention to ratify the U.S. Constitution, the delegates said, “We delegates of the people of Virginia, . . . do in the name and on the behalf of the people of Virginia, declare and make known, that the powers granted under the Constitution being derived from the people of the United States, may be resumed by them whensoever the same shall be perverted to their injury or oppression, and that every power not granted thereby remains with them, and at their will. That therefore no right, of any denomination, can be canceled, abridged, restrained or modified by the Congress, by the Senate, or House of Representatives, acting in any capacity, by the President, or any department or officer of the United States, except in those instances where power is given by the Constitution for those purposes.” The clear and key message was: the powers granted the federal government, by the people of Virginia, “may be resumed by them whensoever the same shall be perverted to their injury or oppression” and every power not granted to the federal government by the Constitution resides with the people of Virginia. The people of Virginia, through their delegates, set up a contractual agreement, along with the several sovereign states (emerging out of the 1783 Treaty of Paris ending the war with Great Britain), created the federal government as their agent. They enumerated the powers their agent shall have. When the federal government violates their grant of power, then the people of Virginia have the right to take back the power they granted the federal government, in other words, fire their agent.

The War Between the States, having settled the issue of secession, means the federal government can do anything it wishes and the states have little or no recourse. A derelict U.S. Supreme Court refuses to do its duty of interpreting both the letter and spirit of the Constitution. That has translated into the 70,000 federal regulations and mandates that controls the lives of our citizens. It also translates into interpretation of the “commerce” and “welfare” clauses of our Constitution in ways the Framers could not have possibly envisioned. Today, it is difficult to think of one elected official with the statesman foresight of a Jefferson, Madison or Calhoun who can articulate the dangers to liberty presented by a run amuck federal government. Because of that, prospects for liberty appear dim. The supreme tragedy is that if liberty dies in America it is destined to die everywhere.

Surrender of Japan (1945)

Surrender of Japan (1945)

On September 2, 1945, Japanese representatives signed the official Instrument of Surrender, prepared by the War Department and approved by President Harry S. Truman. It set out in eight short paragraphs the complete capitulation of Japan. The opening words, “We, acting by command of and in behalf of the Emperor of Japan,” signified the importance attached to the Emperor’s role by the Americans who drafted the document. The short second paragraph went straight to the heart of the matter: “We hereby proclaim the unconditional surrender to the Allied Powers of the Japanese Imperial General Headquarters and of all Japanese armed forces and all armed forces under Japanese control wherever situated.”

That morning, on the deck of the USS Missouri in Tokyo Bay, the Japanese envoys Foreign Minister Mamoru Shigemitsu and Gen. Yoshijiro Umezu signed their names on the Instrument of Surrender. The time was recorded as 4 minutes past 9 o’clock. Afterward, Gen. Douglas MacArthur, Commander in the Southwest Pacific and Supreme Commander for the Allied Powers, also signed. He accepted the Japanese surrender “for the United States, Republic of China, United Kingdom, and the Union of Soviet Socialist Republics, and in the interests of the other United Nations at war with Japan.”

On September 6, Col. Bernard Thielen brought the surrender document and a second imperial rescript back to Washington, DC. The following day, Thielen presented the documents to President Truman in a formal White House ceremony. The documents were then exhibited at the National Archives after a dignified ceremony led by Gen. Jonathan Wainwright. Finally, on October 1, 1945, they were formally received (accessioned) into the holdings of the National Archives.

Transcript of Surrender of Japan (1945)

INSTRUMENT OF SURRENDER

We, acting by command of and in behalf of the Emperor of Japan, the Japanese Government and the Japanese Imperial General Headquarters, hereby accept the provisions set forth in the declaration issued by the heads of the Governments of the United States, China, and Great Britain on 26 July 1945 at Potsdam, and subsequently adhered to by the Union of Soviet Socialist Republics, which four powers are hereafter referred to as the Allied Powers.

We hereby proclaim the unconditional surrender to the Allied Powers of the Japanese Imperial General Headquarters and of all Japanese armed forces and all armed forces under the Japanese control wherever situated.

We hereby command all Japanese forces wherever situated and the Japanese people to cease hostilites forthwith, to preserve and save from damage all ships, aircraft, and military and civil property and to comply with all requirements which my be imposed by the Supreme Commander for the Allied Powers or by agencies of the Japanese Government at his direction.

We hereby command the Japanese Imperial Headquarters to issue at once orders to the Commanders of all Japanese forces and all forces under Japanese control wherever situated to surrender unconditionally themselves and all forces under their control.

We hereby command all civil, military and naval officials to obey and enforce all proclamations, and orders and directives deemed by the Supreme Commander for the Allied Powers to be proper to effectuate this surrender and issued by him or under his authority and we direct all such officials to remain at their posts and to continue to perform their non-combatant duties unless specifically relieved by him or under his authority.

We hereby undertake for the Emperor, the Japanese Government and their successors to carry out the provisions of the Potsdam Declaration in good faith, and to issue whatever orders and take whatever actions may be required by the Supreme Commander for the Allied Poers or by any other designated representative of the Allied Powers for the purpose of giving effect to that Declaration.

We hereby command the Japanese Imperial Government and the Japanese Imperial General Headquarters at once to liberate all allied prisoners of war and civilian internees now under Japanese control and to provide for their protection, care, maintenance and immediate transportation to places as directed.

The authority of the Emperor and the Japanese Government to rule the state shall be subject to the Supreme Commander for the Allied Powers who will take such steps as he deems proper to effectuate these terms of surrender.

Signed at TOKYO BAY, JAPAN at 0904 I on the SECOND day of SEPTEMBER, 1945

MAMORU SHIGMITSU
By Command and in behalf of the Emperor
of Japan and the Japanese Government

YOSHIJIRO UMEZU
By Command and in behalf of the Japanese
Imperial General Headquarters

Accepted at TOKYO BAY, JAPAN at 0903 I on the SECOND day of SEPTEMBER, 1945, for the United States, Republic of China, United Kingdom and the Union of Soviet Socialist Republics, and in the interests of the other United Nations at war with Japan.

DOUGLAS MAC ARTHUR
Supreme Commander for the Allied Powers

C.W. NIMITZ
United States Representative

HSU YUNG-CH’ANG
Republic of China Representative

BRUCE FRASER
United Kingdom Representative

KUZMA DEREVYANKO
Union of Soviet Socialist
Republics Representative

THOMAS BLAMEY
Commonwealth of Australia
Representative

L. MOORE COSGRAVE
Dominion of Canada Representative

JACQUES LE CLERC
Provisional Government of the French
Republic Representative

C.E.L. HELFRICH
Kingdom of the Netherlands
Representative

LEONARD M. ISITT
Dominion of New Zealand Representative