'?r&^zZL 15^L^>^ > i; \ I EON DELIVERED ON THE FOURTH DAY OF JULY, 1861, AT THE CAPITOL, AUSTIN, TEXAS. BY H ON. A. W. T E R RELL, AUSTIN: TRIKTED BY JOHN MARSHALL & CO., AT 4< GAZETTE " OFFICE 1861. CORRESPONDENCE Austin, July 5th, 1861. Hon. A. W. Teerell : The undersigned committee respectfully request, on behalf of the citizens of Travis county, a copy of your eloquent oration delivered on yesterday, for publication. Very respectfully, your obedient serv'ts, N. G-. Shelley, Jno. M. Swisher, H. H. Haynie, C. S. West, F. T. DuFFAir, T. D. Moseley, Committee of Arrangements, Austin, July 6th, 1861. To Messrs. N. G. Shelley, Jno. M. Swisher, et als. Gentlemen : In answer to your communication, of the 5th inst, I transmit my address, delivered to the citizens of Travis county. You are at liberty to make such use of it as you may desire. Verv Respectfully, a. w. teerell; O R ^L T T 1ST Ladies and Gentlemen — Every people who in the providence of God have been bl» with the enjoyment of freedom, have hailed with exultation and Joy the annual return of some day which marked a bright epoch in their history; and you, the mingled sons and daughters of many States, have with patriotic zeal come forth to celebrate this, the birth-day of American Independence. With a unanimity of purpose and a glow of feeling, such as yuo did not, and could not feel in the later and worse days of the Republic, you have assembled to do honor to the great ♦ cause of Constitutional Freedom; to hear yet once moe read tie Declaration of Independence; to bow down before the" God of a free people, and invoke his aid in their behalf. As the sea fareing man, who for many days has been tossed npon a dangerous sea, will when the stars shine out, take his reckoning to see whether he has drifted from his true course, so we who have so lately journeyed over the billows of political strife, now that the voice of dissension is no longer heard, should e'er we wrestle with a blacker pterin, makeonr reckoning, to see whether we have drifted away from the faith bequeathed to us by the apostles of 76. Or as the christian, who desires to strengthen his faith, daily contemplates the pure system of morality which his God gave him, so we, though we may not be instructed, may strengthen our faith, and derive profit and encouragement by reviewing the history of the declaration which we have just heard read, and tracing its consequences even to the present hour. The first permanent settlers of the thirteen colonies sought an asylum in the new world, not so much in the beginning, for the enjoyment of civil as religious freedom. The persecuted Catholic sought the shores of Maryland, and invited the Protes- 'tan t to come and enjoy -with i&hn, liberty of conscience. The brave Huguenot, driven by t'he Eevocation of the Edict of IS antes irom his native land, found an asylum on the shores of South Carolina; the grim Puritan in a more northern land, and each laid broad and deep in the solitudes of a new world, the (foundations of their future power. It pertains not to the present occasion to detail minutely the iprivatioiis which each colony endured., and the persecutions for conscience sake, which were both endured and inflicted by the •people of New England. The last is important to be remembered, only that we may trace thus early the germ of that spirit of intolerance which has since culminated so fearfully. The twenty-five thousand puritans, who during the first ten years of the settlement of Massachusetts, found there a refuge 'from the persecutions of Charles, had scarcely established • themselves in their new home ibefbre they began the w ork of intolerance and prescription among themselves. Roger Wil- liams and bis followers, for their religious faith, were banished to the wilderness; the Quakers were driven forth or hung; Episcopal emigrants from England were not permitted to land and establish homes among them, while in Connecticut, none were admitted to the privileges of free Tien, for many years, but such as were members ot the Puritan church. Fir different was the spirit of toleration which marked the early settlement of Maryland, Ehode Island, the Carolihas and Georgia. The Oatholic and Protestant, the Scotch Presbyte- rian and the Cavalier tolerated in others that freedom of con- science which they enjoyed themselves, and invited the persecu- ted of every land to come and partake with them of its benefits. For nearly two hundred years the early colonists of America and their descendents, with, varied vicissitudes of fortune strug- gled with the hardships of the wilderness. Though acknowl- edging their allegiance to the British crown, they were far removed from the corrupting influences of the Court, and saw not the tinsel ornaments and glittering gewgaws of Eoyalty. They learned habits of self reliance in the school of stern neces- sity and derived strength from their conflicts with adversity. Secure in their very poverty from the exactions of arbitrary power, they learned to prize the blessings of social order, regu- lated by law; and thus, while the nations of the old world were contending through the weary lapse of ages only to accomplish a change of masters, the colonists all unconscious of their high destiny, were silently learning the lessons of -civil freedom. Nor in learning those lessons, were they destitute of beacon lights in the past, furnished by their own proud ancestry. They remembered that the sturdy Barons of Runnymede had five hun- dred years before, wrung from a reluctant king the concessions ol Magna Charta; and though they had been sometimes almost forgotten in the civil wars which convulsed the British isles, they were remembered in the new world by those who were soon to peril all in their defense. They remembered that there were rights pertaining to all who had shown capacity for self govern- ment, higher than crowns or parchment grants — inherent and unalienable rights, which pertained to the intelligent man, by virtue of his rank in the creation. And the time came when the people, in the strength of these great truths, were tn rise, even in the midst of peace, plenty and prosperity, and vindicate them in an* s against the first power upon earth. And here, my fellow-citizens, it may he well for us to pause and remind ourselves of the true cause for which that memora- ble struggle for independence was begun. On the 6th day of February, I76.>, the British Parliament passed the Stamp act, which provided for the collection oi impost duties on all stamped paper to be used in the colonies. The tax was insignificant and pecuniarily would not be felt, but the right which was claimed to impose it, when the corresponding right to representation was denied, roused the slumbering spirit of the Colonies and upon their remonstrance, it was promptly repealed. In the year 1767 another act was passed by Parliament, imposing duties nj*on all tea, oaper, glas*. paints, and lead that should be imported into the Colonies. Though the grievances complained of in the Declaration of Independence all had an existence in '76, we must not forget that they were nearly all inflicted after active prepa- rations for war had been begun by the, Colonists. The passage of the tax bill and the effort to enforce it, backed by the decla- ration of thy British Government that the right existed in the mother country to bind the Colonies in all cases whatsoever, was the cans: , and the one great cause which prompted resistence to the British Crown. Every other cause set forth was subordi- nate to this, and few others had an existence until after war had begun. For more than a year the thunder of contending armies had been heard in the land, when the delegates from the thirteen Colonies, calling themselves a Congress, met together in Convention to take counsel together concerning the honor and safety of their native land. A declaration by the Colonies of their independence was about to be published to the world by 6 fhe first statesmen of the age. The connection with the mother country was about to be dissolved by the once feeble colonies, who now proudly aspired to the position of sovereign States. — • They were about to launch the lives and fortunes of the people on the doubtful sea of revolutionary strife, against their own kindred, who spoke a common language, and gloried in the achievements of a common ancestry. They were about to grap- ple with the prejudice of ages, and baptize with blood their devotion to an idea. They were revolting against a govern- ment, then the freest and proudest upon earth. They were to contend against a flag which they had often followed in the red path of battle. In four wars with France, the triumphal pro- gress of the British flag, over this continent, could be trailed by the bleaching bones of the brave colonists who had followed it. Only fifteen years before, thirty thousand of them had sealed their .devotion to the British crown by lying down in their last sleep under the shadow of the British flag. In that struggle, the colonies voluntiily expended fifteen millions of money to assist the mother country against France. Nor was this all, they were contending against a people who rejoiced in the glo- ries of a British Constitution, and that Constitution our fathers of '76 had delighted to honor. Oh ! my countrymen, the dangers of the tented field, the desolations of war and the destruction of fortune, moved not so deeply the springs of feeling in our patriot sires, as did the clustering memories " of their own past history, which bound them in the links of a common brotherhood to their Briton fues. And now on the fourth day of July, 1776, the delegates from thirteen colonies are about to publish to the world their decla- ration of independence. They are about to claim for their respective colonies the position of sovereign States; and yet they knew that all the world beside and thousands in their midst denied to them every attribute of sovereignty. With no bond of Union but a common hope, a common danger and a common destiny; with no organized government to provide for their safety; without money, without powder, and almost with- out arms; knowing no flag, under which their proud hearts had ever burned but the one upon which they were about to war, we can all see how desperate must have been the hope that they would make that declaration good. Nor was this all, for while they had much to excite their fear, they had abundant reason to hope that a struggle might be avoided by delay. They knew that the sympathies of a powerful party in the mother country were with them; that the elder Pitt and the gifted Burke weie even then making the hails of Parliament resound with eloquent vindications of their cause, and surely they were not without reason to hope, that under the lead of such champions, the right would triumph, that the blind advisers of the crown would soon be hurled from power, and the protection of a restored Constitution once more extend- ed over then. But all these considerations were but as " wafted dust upon the balances" when they remembered, that the sword and purse of Britain were controlled even tor an hour by those who were bent on violating the British Constitution to their prejudice. They had studied too well the history of the past to believe that the grasp of tyrany was ever relaxed by temporising expedients, and they knew that the spirit of a people was already crushed when they could contemplate in silence the prospect of their degradation. Knowing all this, they no longer hesitated, but boldly pub- lished to the world their declaration that the 13 colonies "were and of right ought to be free, sovereign and independent States, and for the support of that declaration with a firm reliance on the protection of Divine Providence, they mutually pledged to each other, their lives, their fortunes and their sacred honor." We may search the pages of history in vain for the consum- mation of another work like this. It was the advent of the politic il Shiloh, whose coming had been expected through the ages of tyrany and darkness; it was the babe in the manger, whilst idolatry was upon the throne. # Then was proclaimed to the world the great truth that all government derived its just powers from the consent of the governed, and that whenever any form of government became destructive of the unalienable rights of the people, it was their right to alter or abolish it, and to institute new government, laying its foundation on such prin- ciples and organizing its powers in such form as to them, the people, should seem most likely to effect their safety and hap- piness. Nor is this the only great lesson which was taught, the Congress of delegates, bv their declaration, published it to the world as their deliberate judgment, that whenever a govern- ment evinced a design to reduce the people to the sway of des- potism, it was not only their right, but their duty to throw off such government and provide new guards for their future safety. They promulgated no Utopian theory of freedom as alike ap- plicable to every race, whatever its condition or capacity; but claimed only for themselves the right to assume among the na- tions of the earth that separate and equal station to which 8 the laws of nature and nature's God entitled them. They sought not to make white that which God had created black; but charged it upon Briton's king as one of their grievances, that he had endeavored to incite domestic insurrection among their slaves. They did not advise that the established forms of gov- ernment should be blindly worshiped until the designs of des- potism weie consummated, and that then the people should strike to regain their lost independence; they taught a better and a bolder doctrine. They taught us by their example, that whenever the purpose to usurp authority was avowed, the work of arming for resistance should begin; and they taught by their declaration, that whenever the designs of despotism were manifest, it was the duty of the people to form a new government to secure their happiness and safety. Let this lesson sink to day yet deeper into the southern heart, that we and our children may remem- ber never to wait until the chains of d-.spotism are riveted on our unresisting limbs, but strike wheT ever power evinces the hostile and settled purpose to accomplish the overthrow of our reserved rights. Is it urged that this doctrine is the parent of Anarchy ? When, let me ask, would Freedom ever have gained one triumph if her votaries had listened to the cry that anarchy would follow in her footsteps ? Why is it, let me ask you,. in the language of the declaration, all experience has shown that "men are more disposed to sutler, while evils are sufferaole than to right themselves by abolishing established forms to which they are accustomed?" it is because the minions of Absolutism have in every age alarmed their distempered fears with the argument that anarchy would follow upon that effort to right themselves. Here it will be well for us not to forget one instructive lesson in the history of the past. During the months that preceded the declaration, thousands upon thousands of pure patriots be- lieved that the time for action had not come. Dreading the issue of a revolutionary experiment, they prefered to wait and hope for a reformation of evils endured, rather than fly to others that they knew not of. But when the sword was drawn, and England sent her squadrons to consumate the work of coercion, those same men showed that their caution was not the result of craven fear, but rushed with alacrity to the front of danger, and stood side by side with those who had precipitated the conflict. And no one asked in the day of trial whether his comrade was the first or last to determine on resistance. It was enough that he responded to his country's call, and stood ready to seal, if need be, with his blood, the cause weich his prudence had once condemned. We who contemplate, after so great a lapse of time, the his- tory of that memorable struggle, can but faintly conceive the danger and suffering — the privation, and agonizing disaster, which, for seven long years, tortured the hopes of a brave peo- ple! But they had chosen one for their leader, the bare mention of whose name still awakens those emotions in the heart which constitute his most fitting eulogy. Among all the nations of men there was but one Washington, and none other like him; and from the bosom of the Old Dominion he issued forth to lead the people in the people's cause. Alike unmoved by the praises of the world, or the censures of his own countrymen, he moved calmly forward to the accomplishment of the great work which Providence had assigned him. Whether we regard him after a victorious battle, receiving the congratulations of a whole peo- ple, or see him sustaining the censure of his followers for the consummate skill which would not peril all for temporary suc- cess—whether upon his bended knees, asking aid of Heaven or charging at the head of a shattered column, under the burning sun of Monmouth — whether denounced as one who aspired to the dictatorship, or blessed by both sexes as the savior of his coun- try, he was always the same gifted and pure man! — God's champion in the van of Freedom! His armies were worthy of their leader. They were animated with the same stern daring that animated his own soul. On them he leaned for support with steadfast trust, and they repaid his confidence with a devotion that never faltered. On the heights of King's Mountain, on the blood-stained snows of Trenton, in the trenches of Yorktown, and more than all, when environed by the gaunt horrors of Valley Forge, our fathers have learned us how to struggle, to endure, and to conquer. There were, indeed, a few who could not forget that they had been the subjects of Britain; that they had rejoiced in her glory, praised the freedom of her laws, and followed her standaid in days that had gone. Yielding to the seductive memories of the past, they tamely crouched before the minions of her power; and to-day the name of Tory lives only in the "festering infamy of years." But the spirit of those who resisted remained un- broken, and they illustrated by their sacrifices how much may be endured by man, when he protects his freedom and his home. While the army sustained its leader, they, in turn, were en- couraged and sustained by the people. No speculating vampire hounded a suffering soldiery to fatten from their necessities. No Shylock was found, in the ranks of freedom, w r ho could calmly weigh, in one scale the value of Independence, and in the other 10 the cost of establishing it. No prophet of evil repaired to the camp to croak in the ears of 1he soldiery the raven notes of his despair. The luxuries of life were abandoned by a frugal people; fashion clothed herself in homespun; and the concentrated hopes, and prayers, and energies, of all, were given to the great cause. And thus it triumphed. And when the victory had been gained, the voice of rejoicing went up from the glad hearts of a redeemed people. All the privatim, the suffering, the desolation, and disasters of the past were forgotten, in the great joy of that hour. The once feeble colonies, each of which had been, by name, recognized by Great Britain as a sovereign and independent State, now stood proudly forth to claim their rank among the sisterhood of na- tions. But a great work was yet before them. Warned by all past experience, that distracting jealousy, and fierce contention, had worked the overthrow of all petty neighboring republics, it was determined that the States should be more perfectly united, "to establish justice, ensure domestic tranquility, provide for the common defence, and promote the general welfare of them all." For the accomplishment of these great ends, giant intel- lects labored; and if we, their descendants, must now fail to enjoy the fruition of their hopes, it is from no inherent defect in the system of government which they left us, but from the dark and damning fanaticism of those who were to be, equally with ourselves, its beneficiaries. In tracing the consequences of the Declaration of Indepen- dence, ere we glance at those events now uppermost in the minds of all, let us bestow a passing thought on the early splen- dors of the Union that has passed; let us remember it to love it only as it was when it came from the hands of its architects, ere the withering influence of a false philosophy had blasted the growth of its branching promises to man. We viewed the Union as our fathers viewed it: not as an idol set up for men to woiship and adore, but as the legitimate off- spring of a written Constitution, which spoke it into being; as the creature of an organic law which created the government, and limied its p >wers, and upon which the people and the ruler should alike look as the pillar of fire to guide them in their wanderings. Upon that Constitution the eyes of all were fixed with admi- ration and bouyant hope. To it the descendant of the grim Puritan and the Cavalier looked with a common faith; and he who, with his rifle in his hand, standing upon the summit of the 11 Blue Ridge, had been gazing westward and southward, caught the inspiration of the hour, and bore with him into unpeopled solitudes, that spiiit of freedom, regulated and controlled by- constitutional law, which is this