FREEDOM AND PROTECTION, THE POLICY OP THE UNITED STATES OP AMERICA. PRINTED December, 181: ■ Frr 3f7 S3 '03. FREEDOM AND PROTECTION. J. HE powerful impression of transac- tions changing the condition of governments and people since the last century scep- tres broken the tiara trodden down cities, states, countries, that have borne the republican name on the European continent, all overwhelmed, with lordships, principali- ties, kingdoms ; and on the vast ruin, gorged with human blood, new shapes of knighthood and nobility and new shapes of princely dis- tinction and royal state in imperial chains in the Catholic world, a dissolution of the political firmament and tremendous agi- tations extending to both hemispheres - a war without parallel enkindled in Europe -with the spreading of tlie flames to envelop continents the vastness of the conflagra- tion the nature of the contest between the great warring powers the portentous time the actual condition of these United States the varieties of distress in suffer- ance or apprehension all urge enquiry and thoughtfulness respecting the proper means of security for our own country. The enquiry is momentous. Overwhelming revolutions in human affairs impress it on the soul. What are we now taught by Washington ? Consistent, useful, capacious, pacific, defen- sive, covetting no foreign possessions, sub- servient to no foreign dictation, his policy was that of the hero and patriot, the policy of intrepid honesty and wisdom and honor. "Europe has a set of primary interests, 6 which to us have none or a very remote 4 relation. — It must be unwise in us, to im- ' plicate ourselves, by artificial ties, in the - ordinary vicissitudes of her politics or the ' ordinary combinations or collisions of her ' friendships or enmities. Our detached and ' distant situation invites and enables us to £ pursue a different course." In holding forth the great rule of conduct for us in regard to foreign nations, his services and zeal for this beloved country, with his warning voice, teach us, "to keep ourselves, by suitable ; establishments, on a respectable defensive • posture." If his sentiments " recur to moderate the fury of party spirit, to warn against the mischiefs of foreign intrigues, to guard against the impostures of pretended patriotism," the exigencies of the time, with these considerations, instruct us to reflect on the political posture of the country. Is it a posture of defensive respectability ? What, measures of defence might be expected in real operation to secure respect ? For the true answer, attention must be given to the subject of a general policy so clearly defen- sive in principle, so comprehensive in scope, 6 and so modified with appropriating discre- tion, as may be worthy of a free people dis- tinguished from other powers of the globe. The enquiry, let it be marked, concerns our own country appropriately. If we con- sult the history or literature of ancient or modern Europe, on this subject, they return no answer which is entirely satisfactory. Nor is the desired answer to be expected, in the United States, from the bigotry of railing partisans, the temerity of ostentatious zeal, or the tremors of fastidious refinement. Of such counsel, there is no want. The time demands a policy meriting the character of fair, provident, magnanimous. The proper means of security for our own country must be such as are right in general principle, and adapted to the peculiarity of relative situation. The annals of empire for the present cen- tury, in dissuading from a servile imitation of prior measures, especially in a great poli- tical conjuncture, speak with monitory elo- quence against narrow views as well as against intemperance or indecision. With this general sentiment, let it be repeated, the enquiry concerns our own country appro- priately. It is not limited to political sect or local section. It concerns a people jealous of independence : The true policy for them must not depend on the pleasure of a foreign power. It concerns a people at once agri- cultural and commercial, in whom the love of freedom is entwined with the ligaments of the heart: The policy proper for them must be a policy of freedom in matters of government and commerce. And the policy must be protective in nature : Without pro- tection, freedom becomes an empty name. Warned as we are not to implicate our- selves by artificial ties in the vicissitudes of European politics, the counsel of Washing- ton, "to keep ourselves by suitable establish- 8 Bients on a respectable defensive posture," is full of precious instruction. Proper in peace, it is eminently proper in war. The distance of a thousand leagues of ocean, peculiar interests, constitutional po- licy, all distinguish this country from those of Europe. With a system of government founded on the basis of general liberty, in this coun- try, it is a grand purpose of the constitu- tional policy, to have protection against un- just exertions of power. To defend what is our own, accords with the primary interests of the people. And, in the estimate of phy- sical and political considerations, the relative position in the new world may be pronounced decisively favorable to defence. In making the estimate, perhaps too it might be numbered among the distinguish- ing felicities of the United States of America. 9 to have facilities and means powerful for de- fence if well directed, and yet be exposed to serious difficulties and wants in undertaking to conquer foreign territory. To say nothing of particular evils incident to success or fai- lure in such undertakings, the ambition of conquest does not become the administrators of a representative government constituted by the people in a country where the land- holders are allodial proprietors and not feudal tenants. Conquest or military domination has formed the basis on which European monar- chy has arisen in rigor. The subordination and obedience of an army were principles of feudal policy; under which a country was governed as a camp. The chief in military command received homage as lord para- mount and exacted obedience as monarch. In an iron age amidst the dependen- cies of vassalage and villena^e force JO commanded, and fear obeyed. Government was an estate. The community were en- chained. Different from such policies in basis and principle, the constitution of our own country does not favor a spirit of conquest. Nor ought this to be regretted by the enlightened patriot. In possession of ample domain with- in the acknowledged boundaries of the Uni- ted States domestic tranquillity, the com- mon defence, the blessings of liberty, are among the fair purposes for which the con- stitution was established. For these, there are powers delegated. Defence was a pri- mary object of the original Union. It is of primary importance to the rights and inte- rests of the people. It was a declared pur- pose of the confederation. It is a grand con- stitutional principle. " The United States shall guaranty to every State in this Union a republican form of government ; and shall protect eacji of them against invasion, and 11 on application of the legislature, or of the executive when the legislature cannot he con- vened, against domestic violence." Such is the text of the constitution. In relation to military force, protection against external attack and the security of internal order are contemplated. The general purpose is de- fensive protection. Congenial principles recommend a like policy in regard to mari- time affairs. Agricultural or commercial rights are not protected by forsaking the prudential policy of defence for passionate projects of conquest. We have seen the fourth section in the fourth article of the constitution. It merits distinguishing attention. — Where the pro- vided case occurs, the benefit of an eventual guarantee may be claimed by the party for whose use it was intended. Such is the guarantee of a republican form of govern- ment to every State in the Union. — The legislature or executive of a State may apply 12 to the general government for protection against such violence at home as combats the State. — But the protection of the States against invasion or attack from ahroad is a general duty to be performed under the constitution, without the necessity of a pre- vious claim or formal application from any state authority. — The terms are appropriate. Rights and duties of the respective govern- ments are presented to view. The constitu- tion recognizes the particular States as hav- ing governments of their own, each organ- ized distinctly and existing by the will of the community, with faculties for delibera- tion and action. They are included within the Union, for which there is constituted a general government with organization and powers relative to the greater affairs of em- pire. Novel as it is in political history, the constitutional association of government within government, presenting various bar- riers of freedom and humanity, is favor- able to social right and eventual defence. 13 But the destroying ambition of conquest is not favored by this polity of freedom and humanity. Such are some of the considerations which advise a system of measures de- fensive in scope and modification. In a system so defensive, the administration of affairs for this Union of republican States might well be distinguished from the offensive policy of feudal and monarchal governments. Looking through a series of centuries, an eye like the poet's in a fine frenzy rolling might glance from this to the other hemis- phere and there observe the origin of feudal policy in the rushing storm from the north, which shook the Roman world. That con- quering policy was military in nature, involv- ing ardor and strength, and distinguished eventually by surrounding splendor and lof- tiness of domination. Advancing in distinc- 14 tion with the general inarch of human affairs, the iron sway in full ascendant was rigid despotism. From the north, sweeping westward of the Euxine, the whirlwind had crossed the Danube and the Rhine, and, driving below Gibraltar, had reached the Libyan sands. The multitudinous force no longer rush- ed from the north to overwhelm the south. The rugged population no longer swarmed from the northern hive. During the further progress of society, as commerce gradually prevailed and the arts of humanized life have been cherished, the exercise of power was moderated and a spirit of freedom has been infused into government. In the change from despo- tism to freedom, a passion for conquest gives place to sentiments of defensive pro- tection. 15 The true policy of defence accords with moral and religious principle, with social and political sympathies, with the rights of pro- perty, with the spirit of independence, with the love of freedom, with the permanent in- terests of the people. It accords with a state of peace or neutrality. And who will deny its importance in a state of declared war? As guarding domestic security and com- mercial freedom and public honor, it is a policy that is commended to the patriotic and the wise and the brave. A safeguard in peace, a vast shield in war, the system of defence highly concerns the United States amidst convulsions in the Old World and in the New. Defence consists in repelling aggression. Its object is conservation or security for the future. Its character is preventive — the op- position to attack being adapted to prevent loss. Iiy force to repel violence actually of- 16 fered, is no more a breach of international than of civil peace. The line of defence is exceeded when force is employed to exact satisfaction or in- flict punishment for what is past. Such em- ployment of force is vindicative ; and, if by one individual against another, is an offence against the civil peace, or, if by one power against another, is characterized, as war. When a state of war without qualification is legalized by one power against another, it authorizes the employment of force on land and water to attack and take or destroy property and persons ; and it authorizes the attack and capture or destruction of them as belonging to the other power. Such is a publication of open war. The power first making it breaks the international peaGe. So clear are general truths which concern the society of nations. So level are they to 17 common sense, and so analogous to senti- ments respecting the civil peace, which are familiar to intelligent jurors and judicial officers in this country. Truths so obvious and so directly applicable in questions highly interesting to this country, may have been obscured or distorted : But in this respect it is the more important to corret errors, if not confined to speculation but operating to mis- lead in administering the affairs of empire, To want of attention to the true distinc- tion between defensive measures and mea- sures offensive, may doubtless be attributed much of confusion observable in relation to affairs of this country. Yet, in other con- cerns than politics, men of scientific charac- ter can discriminate between defence and attack ; while practical sense maintains the distinction in feeling and in fact. If classi- cal authority be desired, on this point, by any of the men of reading, who, unfortu- nately for themselves and others, may be 18 less the masters than the slaves of what they read — shall they not he heeded from gene- ral regard to literature ? in relation to armour, Homer and Virgil might explain the difference between a shield and a spear. Without studying Cicero or Quinctilian on eloquence, the defence of one's own charac- ter or cause might be distinguished, in prin- ciple, from attacking that of another. Athe- nian sentiment associated tutelary wisdom and patronage of the arts with the bearing of the segis. Having a cognizance of olive, their Minerva was characterized as wisdom, with the powerful shield, guarding the com- monwealth and patronizing the arts. In a professed representation of this character, the omission of the segis would have insulted the sense of the Athenian people. Among them, the shield of wisdom was regarded as a chosen gift of the Supreme, to which was attributed a power that could defeat all ter- restrial assault. Since the art of printing has unlocked repositories of ancient litera- , 19 tore and distributed the treasures — since it has assisted genius and science and taste to address assemblies and persons of various character and in various regions — since the eloquence of the press, speaking to millions at once, has been heard throughout empires ; it might be supposed, that persons claiming literary rank could discern the use of the powerful shield against violence in the segis of Minerva repelling the spear of Mars. On this point, do the persons of reading desire more to be said ? For saying so much, the importance of the subject may present an apology, if any such remarks should ap- pear superfluous to discriminating minds accustomed to regard the principled diffe- rence between the defensive character and the offensive in the conduct of affairs. Is such a distinction unknown to any jurist or publicist of real science ? Dare but to think on public affairs with the practical 20 sense which you estimate in concerns of pri- vate life ! Dare to observe attentively and reason truly ! Is not the difference be- tween the defensive character and the offen- sive as clear in principle as it is important in conduct ? The distinction is plain, practical, exten- sive. It is of commanding importance. This being definitively understood, it ad- mits a comprehensive view of affairs, and unfolds a governing principle by which the character of measures may be fairly esti- mated. The course of observation now presents this general position, as supported by a body of evidence too strong to be overthrown With respect to foreign powers, the true policy of our own country is to be found in the proper application of the principle of defence. 21 In point of moral elevation and reach of argument, have you estimated what a field might be commanded from this position ? Although the position is evident, are you completely aware of its scope ? If it be considered in full but fair extent, the principle of defence may be found ap- plicable in relation to moral or political and physical means. There is a defensive influ- ence attached to moral dignity, which is of no trivial significance in the conduct of af- fairs. Diplomatic arrangements may be numbered, with others, among the political means of defence : arrangements of armed force, among the physical. For a republic, if wisely provided, defensive arrangements of force are the protective armor of freedom and the arts. Freedom in the fair pursuits of industry, freedom in government, the arts of civilized life, the sciences by which the arts are be- 22 friended, instructed, refined, exalted in- teresting as all are to our own country their protection concerns the cherished ob- jects of our affections, the best and noblest faculties of our nature. They cannot be pro- tected, without protecting the great interests of commerce and agriculture. Since the invention of the mariner's com- pass, the ocean has become a vast theatre of human industry. Assisted by the polarity of the magnetic needle, maritime skill and enterprize discovered a new world. And civilization, arts, sciences, were borne by navigation as on wings of the eagle to plant settlements in the wilderness of the globe — a wilderness already taught to blossom as the rose. Cradled on the margin of the sea, with habitudes, sentiments, and inte- rests fashioned and animated by the com- mercial spirit of enterprize and love of free- dom, in a position having insular advantages connected with natural facilities for interior 23 transportation, with a front bordered by the ocean for hundreds of leagues, with territo- rial boundaries comprehending a million of square miles, the United States have arisen the great independent power in the New World. Commercial and agricultural, at- tached to principles of free trade and allo- dial property, in forming this Union and instituting a general government, the States have definitively adjusted the terms of their social contract. Wisely consulting the situ- ation and interests of the country, a conven- tion of States with Washington their Presi- dent having proposed such form of constitu- tional association as appeared the most ad- viseable, by assent of Congress under the confederation, conventions of delegates cho- sen by the people in the original States, un- der recommendations of their legislatures, deliberately agreed to the form proposed: and accordingly, by solemn acts of ratifica- tion, established between them a political constitution differing from all the govern- 24 ments which European fact or fancy had presented to human attention, a constitution paramount to the legislative and executive authorities. Among the general objects of this constitution, the common defence was expressly intended. It now demands atten- tion distinctly. Having relation to the great interests of agriculture and commerce, the common de- fence extends protection to both. Such is clearly the general principle. In practical application, there are corresponding distri- butions of defence the territorial and the maritime. Are you willing to examine them ? Can you look with serenity at the real character of defence, and mark it cor- rectly, as the eye is thrown over the exten- sive scene ? Ascend the main ridge of the Alleg- heny ! look at the boundaries of the United States southward and westward and 25 northward ! Observing the scene with quick eye, amidst the vastness of plains and forests and rivers and lakes, if you see no contribu- tions of yearly millions to the common trea- sury, you may see proofs of attention to inte- rests there in the forts and garrisons or mili- tary posts with regular forces, maintained at public charge, to guard against outrage or hostility. As contributing to place those interests in the state of security which they enjoyed at the beginning of the present century, various measures were of importance. Un- der the administration of president Wash- ington, in 1794, a constitutional force was summoned into service from the Atlantic side of the Union to sustain the authority of the laws, and the well known insurrec- tion west of the Allegheny mountains was suppressed. Farther westward, and in the northwestern quarter, the war-whoop yelled n 26 along* the infant settlements. Twelve tribes of Indians were taught the importance of peace by major general Wayne with the army of the United States under his com- mand, in the year 1795 ,* and a destructive Indian war was ended by the memorable treaty negociated at Greenville, the head- quarters of the victorious army. That treaty settled the general boundaries between the United States and all those Indian tribes. In the same year, a treaty was sealed at the famous Escurial or palace of San Lorenzo in Spain, by which the Spanish government agreed to the southern boundary of the Uni- ted States as declared by the definitive treaty of peace in 1783, and likewise agreed to the line of boundary between the United States and Louisiana on the west. The Spanish treaty established points respecting territory which had been questioned between the two countries. It stipulated for withdrawing all Spanish troops from the territory within the agreed boundaries of the United States, and 27 for a demarcation of limits between the ter- ritory of the United States and the Spanish colonies of West Florida and East Florida. Ratifications of the treaty were exchanged at Aranjuez in April 1796. The interest- ing stipulations respecting territory were eventually carried into effect, notwithstand- ing the difficulties interposed by intrigue. Various questions relative to the definitive treaty of 1783 were brought to a close by a treaty with the British government ; and of consequence, in the year 1796, possession was taken of Michilimakinac and Detroit and other northern posts within the bounda- ries of the United States as established by national agreement. These great measures established a basis for solid peace in the west and northwest, on the south and on the north. It was a basis fitted to support the capacious superstruc- ture which was to be raised in the spirit of peace. 28 The foundations being established for ter- ritorial security, the patriotism presiding in the government with equal and comprehen- sive eye was attentive to measures for ren- dering the work complete. And there was adopted a policy systematically protective with relation to the inland borders, having in view to prevent excesses, to preserve tran- quillity, to promote civilization and regularity of trade with Indian tribes. The protection could not be assured with- out a portion of such regular forces as have been observed at the garrisons or posts along the borders. Land forces of this description are main- tained in service constantly. And they may be employed, under the constitutional law, at home or abroad. With pay, subsistence and other allowances from government, these troops do not rely partly or entirely on booty or prizes for support, like military adven- 29 turers sometimes known on the continent of Europe, or like cruisers sometimes set forth on private account for captures at sea in time of war, and considered auxiliary to the pub- lic force. As raised generally at public ex- pence for public service without any qualifi- cation respecting purpose or place, the troops of various denominations appointed and go- verned by the proper authority of the United States are holden to serve not only at home and for territorial defence ; but they may be ordered on foreign service for offensive opera- tions in case of declared war. Not so the general body of population habitually employed in their own pursuits on land, while provided with arms for territorial defence. In specified cases of public exi- gence, these may be called forth constitu- tionally to perform military service within the United States. Such is the policy of the constitution respecting the militia, whether distinguished as artillery, cavalry, infantry, 30 select or independent corps, guards or volun- teers. Officered and trained to discipline as the militia are by authority of the States re- spectively, a power to provide for the more uniform regulation of the whole has been dele- gated to the legislature of the United States. General conformity of arrangement favors the proper execution of the great protective duty, which the militia may be summoned to perform on the occurrence of any of the exi- gent cases specified in the constitution. Ar- ranged for protection of age and infancy and female excellence, in view of habitations and temples and seats of instruction and the se- pulchres of parents, the mighty armature of the body of the citizens is the unb ought guard of social life, the more than Telamo- nian defence of useful skill and generous friendship. Under power delegated by the constitu- tion of the United States, for giving a sys- 31 tematic uniformity to the militia of the seve- ral states, general provisions were established by an act which was approved, in 1792, by president Washington; who afterwards re- peatedly recommended the subject of the militia to legislative consideration for im- provement in the system. Such was the at- tention to have suitable establishments pro- vided for the common defence, But that attention was not contracted to defence of territory, nor diverted to foreign conquest. Of no dubious fame in arms, re- gardful of the great interests of the country, the hero and patriot contemplated " the pro- tection of a maritime strength" for shielding the interests of navigation. * There is a * rank due to the United States among na- " tions, which will be withheld, if not abso- • ; lutely lost, by the reputation of weakness. « If we desire to avoid insult we must be u able to repel it." 32 Keeping in mind, therefore, the charac- teristics of territorial defence at which we have glanced, let us now cast a rapid eye over the maritime. Looking to what is practical in provisions for defence having the sanction of Washing- ton, we here observe, as of primary consi- deration, the establishing of fortifications suitably garnished, with proper distributions of regular officers and men, for protective service, at the more important positions on the maritime frontier. For maritime defence of this description, a basis was prepared by legislative provision in the year 1794. Such establishments being completed with system- atic foresight; and proper regulations con- cerning foreign vessels of war in ports of the United States being prescribed, a becoming attention to their execution might be expect- ed if given in charge to officers having mili- tary or naval rank. 33 As next meriting consideration, we re- mark the providing of armed vessels for pub- lic service. When the capacious mind of "Washington presided in administration, the necessity of a naval force for protection of commerce, was understood and acknowledg- ed. In the year 1794, authority was given to provide vessels of force on public account. If there were no other public motive although others of peculiar interest might be mentioned there is evident use for regular force of this description, to maintain the legitimate authority of the country at entrances of harbours or navigable rivers and in roadsteads or bays and along the territo- rial sea. In being thus employed with pro- vident attention, the public armed vessels are maintained in service as floating garrisons for defensive protection along the maritime borders. Such protection is analogous to a general policy observed in the land service. To the extent now intimated with respect to the sea service, regular force might be em-