Fragile Freedom

In our day and age we tend to think that we have some sort of monopoly on short sighted politicians that believe that they are elected to represent a people who do not know what they want, or that can’t understand what is in their best interest. We complain about these leaders following their own agenda’s and their own interests, failing to necessarily represent the interest of those who elected them. Though this is not always the case with every elected official, it does seem to be a chief complaint we do have. Yet this isn’t reserved for our time. It has existed since the beginning of the Republic.   Today, as we continue our ongoing series on the history of the Bill of Rights we continue with the Battle in Congress as men like James Madison, John Page and others seek to drag opponents to where they needed to be on the question now before them. With barriers in front of them, and powerful opponents rising to challenge them it would be apparent that it would not be a simple or an easy task. Facing off with differing agendas, and visions, with those arguing that there were more important matters before the House and that legislation would do as good of a job protecting the rights of the people as amendments to the Constitution, we see the arguments made by supporters and opponents to Madison’s effort.   Join host Wyatt McIntyre as he continues his journey deeper into the history of our great charter of individual rights, looking at the pure history behind this important declaration of our freedoms that was intended to guard our liberty, and see the battle within the government to see it fail even as soon as it was presented. A study into a contentious chapter in our history, it demonstrates why the lessons presented here are now as important as ever as we consider how and why it is necessary to elevate, entrench and protect our rights.

If “Congress will devote but one more day to the subject, so far as to satisfy the public that we do not disregard their wishes, it will have a salutary influence.” Those would be the words of James Madison as he rose, despite the apathy and the opposition faced to the amendments that he was now proposing to the House of Representatives. As promised, in this episode we take the Bill of Rights to the floor of the Congress for the reaction of those Representatives to James Madison’s proposal. Already having faced considerable opposition from both sides, those who believed the Constitution was fine the way it was, and those who believed it encroached on the rights and the freedoms of the people, many had waited to see what the Virginia Congressman was going to propose. Now it was becoming abundantly clear that a fight was brewing not just between the Federalists and the Antifederalists, but the interests and the agendas of politicians united for one reason or another in their opposition to what was being proposed. Yet, regardless of it all, slowly but surely the road to a Bill of Rights was being paved as he worked tirelessly to drag that first Congress, those one time allies and long time opponents, to where they needed to be. A brief word of apology. When recording this episode I was a bit under the weather, battling a cold and a sore throat. Because of that it is perhaps not the most lively of episodes as talking, at times, as I am sure you will hear, was a bit difficult. That said, I wanted to continue this series, and hope you will find it as informative as other episodes have been. So I look forward to you joining with me as we continue our journey with this, the sixth episode, and the first part on the floor fight for the Amendments that would eventually become our Bill of Rights.

History is more than just trivia. It is more than just names or places or events. Because of that it is important to dig deeper in order to find the answers that we are looking for, in order to truly understand and draw from that knowledge. It is about cultivating a greater comprehension so that we are capable of utilizing the lessons of our past as building blocks for the future.  For this episode of Fragile Freedom we are doing something a little different. Before our next episode on the Battle in Congress, we are going back to the source: James Madison's Speech which presents his Amendments to the House of Representatives. Join host Wyatt McIntyre in this extra long episode between episodes where he presents it in its entirety.  --- I am sorry to be accessary to the loss of a single moment of time by the House. If I had been indulged in my motion, and we had gone into a Committee of the whole, I think we might have rose and resumed the consideration of other business before this time; that is, so far as it depended upon what I proposed to bring forward. As that mode seems not to give satisfaction, I will withdraw the motion, and move you, sir, that a select committee be appointed to consider and report such amendments as are proper for Congress to propose to the Legislatures of the several States, conformably to the fifth article of the constitution. I will state my reasons why I think it proper to propose amendments, and state the amendments themselves, so far as I think they ought to be proposed. If I thought I could fulfil the duty which I owe to myself and my constituents, to let the subject pass over in silence, I most certainly should not trespass upon the indulgence of this House. But I cannot do this, and am therefore compelled to beg a patient hearing to what I have to lay before you. And I do most sincerely believe, that if Congress will devote but one day to this subject, so far as to satisfy the public that we do not disregard their wishes, it will have a salutary influence on the public councils, and prepare the way for a favorable reception of our future measures. It appears to me that this House is bound by every motive of prudence, not to let the first session pass over without proposing to the State Legislatures some things to be incorporated into the constitution, that will render it as acceptable to the whole people of the United States, as it has been found acceptable to a majority of them. I wish, among other reasons why something should be done, that those who have been friendly to the adoption of this constitution may have the opportunity of proving to those who were opposed to it that they were as sincerely devoted to liberty and a Republican Government, as those who charged them with wishing the adoption of this constitution in order to lay the foundation of an aristocracy or despotism. It will be a desirable thing to extinguish from the bosom of every member of the community, any apprehensions that there are those among his countrymen who wish to deprive them of the liberty for which they valiantly fought and honorably bled. And if there are amendments desired of such a nature as will not injure the constitution, and they can be ingrafted so as to give satisfaction to the doubting part of our fellow-citizens, the friends of the Federal Government will evince that spirit of deference and concession for which they have hitherto been distinguished. It cannot be a secret to the gentlemen in this House, that, notwithstanding the ratification of this system of Government by eleven of the thirteen United States, in some cases unanimously, in others by large majorities; yet still there is a great number of our constituents who are dissatisfied with it; among whom are many respectable for their talents and patriotism, and respectable for the jealousy they have for their liberty, which, though mistaken in its object, is honorable in its motive. There is a great body of the people falling under this description, who at present feel much inclined to join their support to the cause of Federalism, if they were satisfied on this one point. We ought not to disregard their inclination, but, on principles of amity and moderation, conform to their wishes and expressly declare the great rights of mankind secured under this constitution. The acceptance which our fellow-citizens show under the Government, calls upon us for a like return of moderation. But perhaps there is a stronger motive than this for our going into a consideration of the subject. It is to provide those securities for liberty which are required by a part of the community: I allude in a particular manner to those two States that have not thought fit to throw themselves into the bosom of the Confederacy. It is a desirable thing, on our part as well as theirs, that a re-union should take place as soon as possible. I have no doubt, if we proceed to take those steps which would be prudent and requisite at this juncture, that in a short time we should see that disposition prevailing in those States which have not come in, that we have seen prevailing in those States which have embraced the constitution. But I will candidly acknowledge, that, over and above all these considerations, I do conceive that the constitution may be amended; that is to say, if all power is subject to abuse, that then it is possible the abuse of the powers of the General Government may be guarded against in a more secure manner than is now done, while no one advantage arising from the exercise of that power shall be damaged or endangered by it. We have in this way something to gain, and, if we proceed with caution, nothing to lose. And in this case it is necessary to proceed with caution; for while we feel all these inducements to go into a revisal of the constitution, we must feel for the constitution itself, and make that revisal a moderate one. I should be unwilling to see a door opened for a reconsideration of the whole structure of the Government — for a re-consideration of the principles and the substance of the powers given; because I doubt, if such a door were opened, we should be very likely to stop at that point which would be safe to the Government itself. But I do wish to see a door opened to consider, so far as to incorporate those provisions for the security of rights, against which I believe no serious objection has been made by any class of our constituents: such as would be likely to meet with the concurrence of two-thirds of both Houses, and the approbation of three-fourths of the State Legislatures. I will not propose a single alteration which I do not wish to see take place, as intrinsically proper in itself, or proper because it is wished for by a respectable number of my fellow-citizens; and therefore I shall not propose a single alteration but is likely to meet the concurrence required by the constitution. There have been objections of various kinds made against the constitution. Some were levelled against its structure because the President was without a council; because the Senate, which is a legislative body, had judicial powers in trials on impeachments; and because the powers of that body were compounded in other respects, in a manner that did not correspond with a particular theory; because it grants more power than is supposed to be necessary for every good purpose, and controls the ordinary powers of the State Governments. I know some respectable characters who opposed this Government on these grounds; but I believe that the great mass of the people who opposed it, disliked it because it did not contain effectual provisions against encroachments on particular rights, and those safeguards which they have been long accustomed to have interposed between them and the magistrate who exercises the sovereign power; nor ought we to consider them safe, while a great number of our fellow-citizens think these securities necessary. It is a fortunate thing that the objection to the Government has been made on the ground I stated, because it will be practicable, on that ground, to obviate the objection, so far as to satisfy the public mind that their liberties will be perpetual, and this without endangering any part of the constitution, which is considered as essential to the existence of the Government by those who promoted its adoption. The amendments which have occurred to me, proper to be recommended by Congress to the State Legislatures, are these: First, That there be prefixed to the constitution a declaration, that all power is originally rested in, and consequently derived from, the people. That Government is instituted and ought to be exercised for the benefit of the people; which consists in the enjoyment of life and liberty, with the right of acquiring and using property, and generally of pursuing and obtaining happiness and safety. That the people have an indubitable, unalienable, and indefeasible right to reform or change their Government, whenever it be found adverse or inadequate to the purposes of its institution. Secondly, That in article 1st, section 2, clause 3, these words be struck out, to wit: "The number of Representatives shall not exceed one for every thirty thousand, but each State shall have at least one Representative, and until such enumeration shall be made;" and that in place thereof be inserted these words, to wit: "After the first actual enumeration, there shall be one Representative for every thirty thousand, until the number amounts to —, after which the proportion shall be so regulated by Congress, that the number shall never be less than —, nor more than —, but each State shall, after the first enumeration, have at least two Representatives; and prior thereto." Thirdly, That in article 1st, section 6, clause 1, there be added to the end of the first sentence, these words, to wit: "But no law varying the compensation last ascertained shall operate before the next ensuing election of Representatives." Fourthly, That in article 1st, section 9, between clauses 3 and 4, be inserted these clauses, to wit: The civil rights of none shall be abridged on account of religious belief or worship, nor shall any national religion be established, nor shall the full and equal rights of conscience be in any manner, or on any pretext, infringed. The people shall not be deprived or abridged of their right to speak, to write, or to publish their sentiments; and the freedom of the press, as one of the great bulwarks of liberty, shall be inviolable. The people shall not be restrained from peaceably assembling and consulting for their common good; nor from applying to the Legislature by petitions, or remonstrances, for redress of their grievances. The right of the people to keep and bear arms shall not be infringed; a well armed and well regulated militia being the best security of a free country; but no person religiously scrupulous of bearing arms shall be compelled to render military service in person. No soldier shall in time of peace be quartered in any house without the consent of the owner; nor at any time, but in a manner warranted by law. No person shall be subject, except in cases of impeachment, to more than one punishment or one trial for the same offence; nor shall be compelled to be a witness against himself; nor be deprived of life, liberty, or property, without due process of law; nor be obliged to relinquish his property, where it may be necessary for public use, without a just compensation. Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. The rights of the people to be secured in their persons; their houses, their papers, and their other property, from all unreasonable searches and seizures, shall not be violated by warrants issued without probable cause, supported by oath or affirmation, or not particularly describing the places to be searched, or the persons or things to be seized. In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, to be informed of the cause and nature of the accusation, to be confronted with his accusers, and the witnesses against him; to have a compulsory process for obtaining witnesses in his favor; and to have the assistance of counsel for his defence. The exceptions here or elsewhere in the constitution, made in favor of particular rights, shall not be so construed as to diminish the just importance of other rights retained by the people, or as to enlarge the powers delegated by the constitution; but either as actual limitations of such powers, or as inserted merely for greater caution. Fifthly, That in article 1st, section 10, between clauses 1 and 2, be inserted this clause, to wit: No State shall violate the equal rights of conscience, or the freedom of the press, or the trial by jury in criminal cases. Sixthly, That, in article 3d, section 2, be annexed to the end of clause 2d, these words, to wit: But no appeal to such court shall be allowed where the value in controversy shall not amount to — dollars: nor shall any fact triable by jury, according to the course of common law, be otherwise re-examinable than may consist with the principles of common law. Seventhly, That in article 3d, section 2, the third clause be struck out, and in its place be inserted the clauses following, to wit: The trial of all crimes (except in cases of impeachments, and cases arising in the land or naval forces, or the militia when on actual service, in time of war or public danger) shall be by an impartial jury of freeholders of the vicinage, with the requisite of unanimity for conviction, of the right of challenge, and other accustomed requisites; and in all crimes punishable with loss of life or member, presentment or indictment by a grand jury shall be an essential preliminary, provided that in cases of crimes committed within any county which may be in possession of an enemy, or in which a general insurrection may prevail, the trial may by law be authorized in some other county of the same State, as near as may be to the seat of the offence. In cases of crimes committed not within any county, the trial may by law be in such county as the laws shall have prescribed. In suits at common law, between man and man, the trial by jury, as one of the best securities to the rights of the people, ought to remain inviolate. Eighthly, That immediately after article 6th, be inserted, as article 7th, the clauses following, to wit: The powers delegated by this constitution are appropriated to the departments to which they are respectively distributed: so that the legislative department shall never exercise the powers vested in the executive or judicial nor the executive exercise the powers vested in the legislative or judicial, nor the judicial exercise the powers vested in the legislative or executive departments. The powers not delegated by this constitution, nor prohibited by it to the States, are reserved to the States respectively. Ninthly, That article 7th be numbered as article 8th. The first of these amendments relates to what may be called a bill of rights. I will own that I never considered this provision so essential to the federal constitution, as to make it improper to ratify it, until such an amendment was added; at the same time, I always conceived, that in a certain form, and to a certain extent, such a provision was neither improper nor altogether useless. I am aware, that a great number of the most respectable friends to the Government, and champions for republican liberty, have thought such a provision, not only unnecessary, but even improper; nay, I believe some have gone so far as to think it even dangerous. Some policy has been made use of, perhaps, by gentlemen on both sides of the question: I acknowledge the ingenuity of those arguments which were drawn against the constitution, by a comparison with the policy of Great Britain, in establishing a declaration of rights; but there is too great a difference in the case to warrant the comparison: therefore, the arguments drawn from that source were in a great measure inapplicable. In the declaration of rights which that country has established, the truth is, they have gone no farther than to raise a barrier against the power of the Crown; the power of the Legislature is left altogether indefinite. Although I know whenever the great rights, the trial by jury, freedom of the press, or liberty of conscience, come in question in that body, the invasion of them is resisted by able advocates, yet their Magna Charta does not contain any one provision for the security of those rights, respecting which the people of America are most alarmed. The freedom of the press and rights of conscience, those choicest privileges of the people, are unguarded in the British constitution. But although the case may be widely different, and it may not be thought necessary to provide limits for the legislative power in that country, yet a different opinion prevails in the United States. The people of many States have thought it necessary to raise barriers against power in all forms and departments of Government, and I am inclined to believe, if once bills of rights are established in all the States as well as the federal constitution, we shall find that although some of them are rather unimportant, yet, upon the whole, they will have a salutary tendency. It may be said, in some instances, they do no more than state the perfect equality of mankind. This, to be sure, is an absolute truth, yet it is not absolutely necessary to be inserted at the head of a constitution. In some instances they assert those rights which are exercised by the people in forming and establishing a plan of Government. In other instances, they specify those rights which are retained when particular powers are given up to be exercised by the Legislature. In other instances, they specify positive rights, which may seem to result from the nature of the compact. Trial by jury cannot be considered as a natural right, but a right resulting from a social compact which regulates the action of the community, but is as essential to secure the liberty of the people as any one of the pre-existent rights of nature. In other instances, they lay down dogmatic maxims with respect to the construction of the Government; declaring that the legislative, executive, and judicial branches shall be kept separate and distinct. Perhaps the best way of securing this in practice is, to provide such checks as will prevent the encroachment of the one upon the other. But whatever may be the form which the several States have adopted in making declarations in favor of particular rights, the great object in view is to limit and qualify the powers of Government, by excepting out of the grant of power those cases in which the Government ought not to act, or to act only in a particular mode. They point these exceptions sometimes against the abuse of the executive power, sometimes against the legislative, and, in some cases, against the community itself; or, in other words, against the majority in favor of the minority. In our Government it is, perhaps, less necessary to guard against the abuse in the executive department than any other; because it is not the stronger branch of the system, but the weaker. It therefore must be levelled against the legislative, for it is the most powerful, and most likely to be abused, because it is under the least control. Hence, so far as a declaration of rights can tend to prevent the exercise of undue power, it cannot be doubted but such declaration is proper. But I confess that I do conceive, that in a Government modified like this of the United States, the great danger lies rather in the abuse of the community than in the legislative body. The prescriptions in favor of liberty ought to be levelled against that quarter where the greatest danger lies, namely, that which possesses the highest prerogative of power. But it is not found in either the executive or legislative departments of Government, but in the body of the people, operating by the majority against the minority. It may be thought that all paper barriers against the power of the community are too weak to be worthy of attention. I am sensible they are not so strong as to satisfy gentlemen of every description who have seen and examined thoroughly the texture of such a defence; yet, as they have a tendency to impress some degree of respect for them, to establish the public opinion in their favor, and rouse the attention of the whole community, it may be one means to control the majority from those acts to which they might be otherwise inclined. It has been said, by way of objection to a bill of rights, by many respectable gentlemen out of doors, and I find opposition on the same principles likely to be made by gentlemen on this floor, that they are unnecessary articles of a Republican Government, upon the presumption that the people have those rights in their own hands, and that is the proper place for them to rest. It would be a sufficient answer to say, that this objection lies against such provisions under the State Governments, as well as under the General Government: and there are, I believe, but few gentlemen who are inclined to push their theory so far as to say that a declaration of rights in those cases is either ineffectual or improper. It has been said, that in the Federal Government they are unnecessary, because the powers are enumerated, and it follows, that all that are not granted by the constitution are retained; that the constitution is a call of powers, the great residuum being the rights of the people; and, therefore, a bill of rights cannot be so necessary as if the residuum was thrown into the hands of the Government. I admit that these arguments are not entirely without foundation; but they are not conclusive to the extent which has been supposed. It is true, the powers of the General Government are circumscribed, they are directed to particular objects; but even if Government keeps within those limits, it has certain discretionary powers with respect to the means, which may admit of abuse to a certain extent, in the same manner as the powers of the State Governments under their constitutions may to an indefinite extent; because in the constitution of the United States, there is a clause granting to Congress the power to make all laws which shall be necessary and proper for carrying into execution all the powers vested in the Government of the United States, or in any department or officer thereof; this enables them to fulfil every purpose for which the Government was established. Now, may not laws be considered necessary and proper by Congress, for it is for them to judge of the necessity and propriety to accomplish those special purposes which they may have in contemplation, which laws in themselves are neither necessary nor proper; as well as improper laws could be enacted by the State Legislatures, for fulfilling the more extended objects of those Governments. I will state an instance, which I think in point, and proves that this might be the case. The General Government has a right to pass all laws which shall be necessary to collect its revenue; the means for enforcing the collection are within the direction of the Legislature: may not general warrants be considered necessary for this purpose, as well as for some purposes which it was supposed at the framing of their constitutions the State Governments had in view? If there was reason for restraining the State Governments from exercising this power, there is like reason for restraining the Federal Government. It may be said, indeed it has been said, that a bill of rights is not necessary, because the establishment of this Government has not repealed those declarations of rights which are added to the several State constitutions; that those rights of the people, which had been established by the most solemn act, could not be annihilated by a subsequent act of that people, who meant, and declared at the head of the instrument, that they ordained and established a new system, for the express purpose of securing to themselves and posterity the liberties they had gained by an arduous conflict. I admit the force of this observation, but I do not look upon it to be conclusive. In the first place, it is too uncertain ground to leave this provision upon, if a provision is at all necessary to secure rights so important as many of those I have mentioned are conceived to be, by the public in general, as well as those in particular who opposed the adoption of this constitution. Besides, some States have no bills of rights, there are others provided with very defective ones, and there are others whose bills of rights are not only defective, but absolutely improper; instead of securing some in the full extent which republican principles would require, they limit them too much to agree with the common ideas of liberty. It has been objected also against a bill of rights, that, by enumerating particular exceptions to the grant of power, it would disparage those rights which were not placed in that enumeration; and it might follow, by implication, that those rights which were not singled out, were intended to be assigned into the hands of the General Government, and were consequently insecure. This is one of the most plausible arguments I have ever heard urged against the admission of a bill of rights into this system; but, I conceive, that it may be guarded against. I have attempted it, as gentlemen may see by turning to the last clause of the fourth resolution. It has been said, that it is unnecessary to load the constitution with this provision, because it was not found effectual in the constitution of the particular States. It is true, there are a few particular States in which some of the most valuable articles have not, at one time or other, been violated; but it does not follow but they may have, to a certain degree, a salutary effect against the abuse of power. If they are incorporated into the constitution, independent tribunals of justice will consider themselves in a peculiar manner the guardians of those rights; they will be an impenetrable bulwark against every assumption of power in the legislative or executive; they will be naturally led to resist every encroachment upon rights expressly stipulated for in the constitution by the declaration of rights. Besides this security, there is a great probability that such a declaration in the federal system would be enforced; because the State Legislatures will jealously and closely watch the operations of this Government, and be able to resist with more effect every assumption of power, than any other power on earth can do; and the greatest opponents to a Federal Government admit the State Legislatures to be sure guardians of the people's liberty. I conclude, from this view of the subject, that it will be proper in itself, and highly politic, for the tranquillity of the public mind, and the stability of the Government, that we should offer something, in the form I have proposed, to be incorporated in the system of Government, as a declaration of the rights of the people. In the next place, I wish to see that part of the constitution revised which declares that the number of Representatives shall not exceed the proportion of one for every thirty thousand persons, and allows one Representative to every State which rates below that proportion. If we attend to the discussion of this subject, which has taken place in the State conventions, and even in the opinion of the friends to the constitution, an alteration here is proper. It is the sense of the people of America, that the number of Representatives ought to be increased, but particularly that it should not be left in the discretion of the Government to diminish them, below that proportion which certainly is in the power of the Legislature as the constitution now stands; and they may, as the population of the country increases, increase the House of Representatives to a very unwieldy degree. I confess I always thought this part of the constitution defective, though not dangerous; and that it ought to be particularly attended to whenever Congress should go into the consideration of amendments. There are several minor cases enumerated in my proposition, in which I wish also to see some alteration take place. That article which leaves it in the power of the Legislature to ascertain its own emolument, is one to which I allude. I do not believe this is a power which, in the ordinary course of Government, is likely to be abused. Perhaps of all the powers granted, it is least likely to abuse; but there is a seeming impropriety in leaving any set of men without control to put their hand into the public coffers, to take out money to put in their pockets; there is a seeming indecorum in such power, which leads me to propose a change. We have a guide to this alteration in several of the amendments which the different conventions have proposed. I have gone, therefore, so far as to fix it, that no law, varying the compensation shall operate until there is a change in the Legislature; in which case it cannot be for the particular benefit of those who are concerned in determining the value of the service. I wish also, in revising the constitution, we may throw into that section, which interdict the abuse of certain powers in the State Legislatures, some other provisions of equal, if not greater importance than those already made. The words, "No State shall pass any bill of attainder, ex post facto law," &c. were wise and proper restrictions in the constitution. I think there is more danger of those powers being abused by the State Governments than by the Government of the United States. The same may be said of other powers which they possess, if not controlled by the general principle, that laws are unconstitutional which infringe the rights of the community. I should therefore wish to extend this interdiction, and add, as I have stated in the 5th resolution, that no State shall violate the equal right of conscience, freedom of the press, or trial by jury in criminal cases; because it is proper that every Government should be disarmed of powers which trench upon those particular rights. I know, in some of the State constitutions, the power of the Government is controlled by such a declaration; but others are not. I cannot see any reason against obtaining even a double security on those points; and nothing can give a more sincere proof of the attachment of those who opposed this constitution to these great and important rights, than to see them join in obtaining the security I have now proposed; because it must be admitted, on all hands, that the State Governments are as liable to attack the invaluable privileges as the General Government is, and therefore ought to be as cautiously guarded against. I think it will be proper, with respect to the judiciary powers, to satisfy the public mind of those points which I have mentioned. Great inconvenience has been apprehended to suitors from the distance they would be dragged to obtain justice in the Supreme Court of the United States, upon an appeal on an action for a small debt. To remedy this, declare that no appeal shall be made unless the matter in controversy amounts to a particular sum; this, with the regulations respecting jury trials in criminal cases, and suits at common law, it is to be hoped, will quiet and reconcile the minds of the people to that part of the constitution. I find, from looking into the amendments proposed by the State conventions, that several are particularly anxious that it should be declared in the constitution, that the powers not therein delegated should be reserved to the several States. Perhaps words which may define this more precisely than the whole of the instrument now does, may be considered as superflous. I admit they may be deemed unnecessary: but there can be no harm in making such a declaration, if gentlemen will allow that the fact is as stated. I am sure I understand it so, and do therefore propose it. These are the points on which I wish to see a revision of the constitution take place. How far they will accord with the sense of this body, I cannot take upon me absolutely to determine; but I believe every gentleman will readily admit that nothing is in contemplation, so far as I have mentioned, that can endanger the beauty of the Government in any one important feature, even in the eyes of its most sanguine admirers. I have proposed nothing that does not appear to me as proper in itself, or eligible as patronized by a respectable number of our fellow-citizens; and if we can make the constitution better in the opinion of those who are opposed to it, without weakening its frame, or abridging its usefulness, in the judgment of those who are attached to it, we act the part of wise and liberal men to make such alterations as shall produce that effect. Having done what I conceived was my duty, in bringing before this House the subject of amendments, and also stated such as I wish for and approve, and offered the reasons which occurred to me in their support, I shall content myself, for the present, with moving "that a committee be appointed to consider of and report such amendments as ought to be proposed by Congress to the Legislatures of the States, to become, if ratified by three-fourths thereof, part of the constitution of the United States." By agreeing to this motion, the subject may be going on in the committee, while other important business is proceeding to a conclusion in the House. I should advocate greater despatch in the business of amendments, if I were not convinced of the absolute necessity there is of pursuing the organization of the Government; because I think we should obtain the confidence of our fellow- citizens, in proportion as we fortify the rights of the people against the encroachments of the Government.

If I thought I could fulfill the duty which I owe to myself and my constituents, to let the subject pass over in silence, I most certainly should not trespass upon the indulgences of this house.” He would state plainly. “But I cannot do this; and am therefore compelled to beg a patient hearing to what I have laid before you.”   The air hot and heavy, the crowds would look on as James Madison rose to the floor of Federal Hall in New York to address the House of Representatives. The galleries full, yet the seats of North Carolina and Rhode Island still empty, he would look down to the notes scribbled on a piece of paper and begin to speak, offering up his amendments to the Constitution.   This week on Fragile Freedom we continue our ongoing series on the history of the Bill of Rights as the Father of the Constitution, a man who once argued that a Bill of Rights was unnecessary, presented his amendments to the body. For Madison it would not be an easy or a simple road, but it would be one that he knew he had to take. After all, in his mind, government derived its ability to govern from the consent of the people, and, as such, the will of the people could not be ignored. This was what they demanded and this would be what he would fight for as he stood firm, tirelessly crafting the proposals he would present as he poured over the amendments offered up by the state ratifying committees.   Join with host Wyatt McIntyre as he explores the rich history of this great charter of individual rights and freedoms, and how, amidst political divides and battles, it finally came into existence.

The war was over.   The years had passed since General Charles Cornwallis had surrendered following the Siege of Yorktown, and the Treaty of Paris had been signed, but not so many that they had forgotten. They won the Revolution, and the yoke of England had been cast off. They had set out to secure their independence, challenging the most powerful empire in the World, and, after years of sacrifice, loss and pain, after years of being met with devastating defeats and glorious victories, they controlled their destiny, free of that far distant monarch and parliament. Nowhere had that been more celebrated than Massachusetts, where the first shots had been fired.   Returning to their homes and their farms, they believed that they could find some level of normalcy. Still, throughout the states, including Massachusetts, unrest was beginning to build.   The truth was though that America was a new nation and few knew what the new normal would be. The economic climate had changed. Depression, debt, and challenges in foreign trade had seen to that. Now someone had to pay the price. In the mind of Governor James Bowdoin that would be the people.   Unlike his predecessor, John Hancock, who had resigned as Governor in 1785, Bowdoin, a member of Boston's merchant class himself, was less interested in being loved by the people as he was in the debts owed, largely by the wealthy merchants. European creditors were demanding hard currency even as credit previously extended was closed to them. Not only did he have to contend with economic struggles currently faced, but also with the prospect of bailing out those merchants now underwater.   He would begin to put the pressure on the local farmers. Despite their service in the Revolution, compensation from Congress would be almost non-existence. Now, it was the states turn to add injury to insult.   Enacting high taxes, while rigorously pursuing back taxes owed and refusing to print more currency, Bowdoin's policies would turn the Massachusetts government into everything men like Daniel Shays, Luke Day and Eli Parson had fought against in that struggle for independence. In a way, there was a sense of betrayal as the government ignored pleas for relief and petitions to the legislature went unread. Farms were foreclosed on and farmers jailed in the western part of the state. In their minds, these farmers, they had done what was right. They had convened conventions and meetings; they had sent their requests to the legislature. In the words of one farmer, "I've labored hard all my days and fared hard. I have been greatly abused, have been obliged to do more than my part in the war, been loaded with class rates, town rates, province rates, Continental rates, and all rates, lawsuits, and have been pulled and hauled by sheriffs, constables, and collectors, and had my cattle sold for less than they were worth. I have been obliged to pay, and nobody will pay me. I have lost a great deal by this man and that man, and t'other man and the great men are going to get all we have, and I think it is time for us to rise and put a stop to it, and have no more courts, nor sheriffs, nor collectors, nor lawyers. I design to pay no more, and I know we have the biggest party, let them say what they will."   Shays, a Captain in the Revolutionary War, a man who fought at Lexington, Bunker Hill, and Saratoga, before being wounded and resigning from the military in 1780, saw it much the same way. He had sold the ornamental sword offered as a "pledge of affection" by his commanding officer General Lafayette for a few dollars to pay off debts owed, and would become known by fellow soldiers as one without "honor and spirit." Returning home he would find that though he put his life on hold for the war, the rest of the world didn't stop as he found himself in trouble for nonpayment of debts. He was not alone. In one instance, even as he was hauled before the courts, he would even witness the bed taken from a sick woman for her inability to pay her debts.   There came the point when it had become enough.   On August 29th, 1786 that day came as a force of 1,500 men marched on the Court of Common Pleas in Northampton, Massachusetts setting off the events that would become known as Shays Rebellion after the man who would eventually become their popular leader. Their goal was to shut down what they believed was the corrupt body that was robbing the people of their homes, their lands, and their goods. It wasn't their first attempt, having risen only two months prior, on June 13th, to try and shut the courts in Bristol County following the new taxes levied on March 23rd. The difference? The difference was that this time they succeeded.   Stopping the court from sitting in Hampshire County had given them the victory they needed. Now the revolt only began to grow. Styling themselves "The Regulators" after the Regulator Movement of North Carolina in those years before the Revolution, they would set about shutting down the courts throughout the state, starting in Worcester, Taunton and Concord. Bowdoin's initial response would be measured. While other states, faced with similar situations, called on their militia to hunt down rebels and their leaders as soon as they rose, he refused to organize initially. It perhaps wouldn't have done much good. County militias were sympathetic to the cause of the farmers and would refuse to organize. When they were sent to Great Barrington to deal to open the courts, 800 of the 1,000 men would abandon their ranks to join with their downtrodden brothers.   Fear would quickly grip the Governor and one of his key allies, Samuel Adams. Seeing the signs of revolution, having witnessed the same actions, the same course just over a decade prior in 1774, they heard the cries of men like James Warren who would declare, "We are now in a state of Anarchy and Confusion, bordering on civil war" and they responded. Passage of The Riot Act and the suspension the writ of habeas corpus would soon follow, as would the creation of a 3,000 men private militia funded by money raised by the Merchants, and almost entirely made up of men from the Eastern Counties and lead by General Benjamin Lincoln, who had previously served as Washington's second-in-command, accepting the British surrender at Yorktown. In the Supreme Judicial Court of Massachusetts leaders of the Rebellion would be indicted. When Shays and 1,200 of his men would attempt to shut the Court a few weeks later, they would be met by General William Shepherd and 800 militia men in a standoff in the streets. Though the Regulators would be unable to stop the Court from opening, no juror would present themselves, and it would end without violence.   So it would go for the next several months, until January. Setting their eyes on the Federal armory in Springfield they would plan their attack. Yet it would be the delay of a single day would be their undoing as Shays message to hold off the attack until he could get into place was intercepted by the militia. Shepherd would be waiting for them. Approaching the Arsenal warning shots would be fired before the cannons were rolled out. Four of the rebel would lay dead; more would be wounded. Shays and his men would flee. In a few days word would reach General Lincoln, and 3,000 troops would pursue the broken rebellion. In a few days, it would all be over as Shays fled to Vermont.   Despite Samuel Adams belief that "the man who dares to rebel against the laws of a republic ought to suffer death," only two would be executed for the rebellion. When Hancock would return as Governor, he would issue pardons to many of the leaders. Shays himself would spend the rest of his life in exile from his home in Massachusetts drinking too much, working a few acres of land and dependent on a pension from the government for his service in the Revolution.   The effects of the Rebellion though would be long felt, as, even as the man and the events faded, it became a turning point in American history. Even as Thomas Jefferson would declare, "The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants. It is its natural manure." General Washington would write General Henry Lee, "You talk, my good sir, of employing influence to appease the present tumults in Massachusetts. I know not where that influence is to be found, or, if attainable, that it would be a proper remedy for the disorders. Influence is not government. Let us have a government by which our lives, liberties, and properties will be secured, or let us know the worst at once". In the end, it would draw the General out of his retirement, convince many, including James Madison, of the deficiencies of the Articles of Confederation, and spur on a Constitutional Convention that would create a stronger national government.

“Poor Madison got so Cursedly frightened in Virginia, that I believe he has dreamed of amendments ever since.” Robert Morris, the newly elected Senator from Pennsylvania, an ardent Federalist who had argued for ratification and against the need for a Bill of Rights, would observe. The truth? James Madison had every right to be frightened. He had staked his entire reputation on the Constitution and it almost cost him his political future. Denied a seat in the Senate by the Antifederalist Virginia Legislature led by Patrick Henry, he had faced every obstacle in his bid to win a Congressional Seat. Now, despite the gerrymandering, despite being denounced by the most powerful man in the state, despite facing a younger, more popular opponent, he had won. Yet that victory had come at a price. He had to back peddle on his initial opposition to a Bill of Rights, an idea that had been presented at the Constitutional Convention by the likes of his fellow Virginian George Mason. Not only would he now support the idea, he would become its foremost champion in pushing it through the House of Representatives. The third part in the continuing history in the fight for an American Bill of Rights, in this episode host Wyatt McIntyre picks up where he left off following the victory of James Madison over James Monroe in the nation’s first election. Taking on the early days of that first Congress and that newly elected Government he goes through the initial struggle that was faced by Madison as he sought to bring the Federalists and the Antifederalists together while preserving the newly formed government of the United States. Join us as we continue our journey into one of the most important, sometimes misunderstood and misrepresented documents, in American history.    Also be sure to check out this Episode's sponsor, Tactical Dads, at www.thetacticaldads.com

He had escaped, he was free.   Most, if not all, in his position, would have kept running, and not looked back. They would have fled to the Northern Free States, or perhaps British North America, to try and start a new life there, just out of reach of their slave master. That was what his father had done before him when the boy was still too young to remember him. Not young Nat Turner though. After a month in the wilderness, he would return to his master by his own free will. Later, he would explain to Thomas Ruffin Gray, a lawyer who frequently represented slaves, and who'd go on to write “The Confessions of Nat Turner”, “the Spirit appeared to me and said I had my wishes directed to the things of this world, and not to the kingdom of heaven, and that I should return to the service of my earthly master.”   In many senses, though Turner was different than his brothers and sisters in bondage, something that was recognized early on in his life. Though a slave, his first master, Benjamin Turner, would let him be educated in reading, writing, and religion. When Benjamin died in 1810, the ten-year-old Nat faced an uncertain future, sold three times after that. Still, what had stuck with him was the religious training he had received from the youngest of ages, and it had shaped who he would become. Fasting, praying, conducting Baptist services, reading his bible, he would become known as the Prophet by his fellow slaves. In his mind that was exactly what he was, a modern Moses who had come to lead his people from slavery. In his words, “I heard a loud noise in the heavens, and the Spirit instantly appeared to me and said the Serpent was loosened, and Christ had laid down the yoke he had borne for the sins of men, and that I should take it on and fight against the Serpent, for the time was fast approaching, when the first should be last, and the last should be first.” It was just that he had to wait for the sign.   In 1831 that sign would finally come to him he became convinced that following the eclipse, “I should arise and prepare myself, and slay my enemies with their own weapons.” Laying out his plans to his closest friends, he would begin to strategize, plotting the next move in what would become his revolt, that rebellion that he believed he was divinely ordained to take upon his shoulders and lead. At no point was he mistaken as to what it was, referring to it as “the work of death.” Whatever the cost though it was, in his mind, the price to pay for the freedom of his people, even if it was to be paid in the lives and blood of others.   Still, as he found that though he could recruit others, building his following to 70 slaves and free blacks, many would turn their back on him. It would, at least according to him, leave him so sick that the day would pass and he would have to wait for the next sign. Just over a month later, on August 13th of that same year, as Mount St. Helen erupted and the skies took on a strange new hue, it had come. There would be no more waiting.   Just after midnight on the 22nd of August, Turner and his supporters would launch their Rebellion. Even in the earliest of hours it turned bloodied, as Turner ordered his people that they were to kill indiscriminately of age or sex all white people they would come across. He would sneak into his Master’s chamber, a man he described as kind to him. Dark, too dark for him to see, he would swing a hatch and glance his head. John Travis would awake and call out to his wife. As Turner would tell the story, “it was his last word. Will laid him dead with a blow of his axe, and Mrs. Travis shared the same fate, as she lay in bed. The murder of this family five in number was the work of a moment, not one of them awoke; there was a little infant sleeping in the cradle, that was forgotten, until we had left the house and gone some distance, when Henry and Will returned and killed it.” Leaving guns as they believed they would attract too much attention, his followers would march, almost in military formation, with hatchets and axes and knives and clubs, freeing the slaves and murdering any white people they came across. In one instance they would hack at one woman, the sword so dull that Turner would keep bludgeoning her over the head.    With a trail of violence, blood staining the streets behind them they would cut through Southampton County Virginia, leaving few alive, sparing only the poorest white individuals, believing they were in the same estate as the slave and the black. 60 men, women and children would be brutally murdered, butchered at the order of Turner in his attempt to strike fear and terror into the hearts of the white population as they sought to gain in strength and numbers to get that foothold. Turner would later claim that he had no intention of letting the murders continue, it was only a part of his preliminary plan to build on his momentum and prevent any from stopping him.   Whether that was true or not, it would bring a swift reaction, not of submission, or defeat, but anger as a Militia twice the size of Turner’s insurrection, and supported by three artillery companies would put down the rebellion quickly. In the end, the Militia would kill over a hundred blacks, and the state would execute another 56, including a number who had nothing to do with the rebellion, an almost indiscriminate slaughter that answered Turner’s indiscriminate slaughter blood for blood. Word would quickly spread through the South as rumors circulated that the rebellion was not an isolated occurrence. Executions would become commonplace over the next weeks. John Hampden Pleasants of the Richmond Constitutional Whig would call it “the slaughter of many blacks, without trial, and under circumstances of great barbarity", while Theodore Trezvant would announce that “The scouting parties through the county have killed 22, without law or justice, as they determined to shew them no mercy.” Men would be tortured, burned and maimed as the list of atrocities mounted in the name of Turner’s Rebellion, until the Commander, General Eppes of Sussex County, seeing enough of what he described as “revolting,” “inhuman” “acts of barbarity and cruelty” ordered it to stop   Turner himself would survive until November of that year when he was captured by a farmer and then executed by hanging in Jerusalem Virginia, with rumors that he had been skinned afterward. The effects though would be long felt after as Virginia debated the gradual abolition of slavery, and found that the pro-slavery faction controlled too much of the state. Instead it would be the excuse many slave owners needed to pass even more oppressive measures on an oppressed people as laws would be enacted that made it illegal to teach any black or half black to read or write, and that would ban them from assembling or holding religious service without a licensed white minister in attendance.

For many, the sounds of the alarms had become so commonplace that few bothered to listen to them anymore. Before the war had even started, Lawrence had become a center of the struggle between abolitionists and pro-slavery settlers in the Border War that would infamously become known as Bleeding Kansas. In 1856 800 men entered the town under the leadership of Sheriff Samuel Jones and destroyed the anti-slavery presses and the Free State Hotel, built the previous year by the New England Emigrant Society as a temporary home for Free-Stater’s relocating to the state. Even if it wasn’t safe, it had seemed to calm, at least for a while. The threat was nothing like it was after the Confederate victory at the Battle of Lexington, or in those days and weeks following the Battle of Springfield just a few months prior. It had seemed like the rebellion in Missouri was finally put down, and the army patrolled the Border. However uneasy it was, there was some semblance of peace. Regardless, with an almost constant state of emergency in place, few residents had probably given the cannons arriving and the drills taking place a second thought What most didn’t know was that the Union Army had received word that William Quantrill and his band of Bushwacker’s had set their sights on the border town, their blood boiling for revenge after General James Lane led a band of pro-Union “Jayhawkers” on the siege of Osceola. Their hatred for the state had only grown with General Thomas Ewing’s arrest of women and girls who had given aid and comfort to Confederate soldiers. Housing them makeshift prisons in Kansas City, one had collapsed, killing four, and injuring even more. Among the dead and wounded, two of the teenaged sisters of the infamous “Bloody Bill” Anderson, one of Quantrill’s most trusted advisors. As the day of the attack slowly came and went early in that August, the Mayor, George Collamore, former Brigadier General, and Quartermaster General of Kansas, and Lieutenant T.J. Hadley, who commanded a unit of a few dozen soldiers stationed in Lawrence had to breathe a little easier. Little did they know that about 400 Missouri Guerillas had slowly marched forward. They had no intention of attacking until late August, well after the reports had them striking, perhaps knowing the bold claim that had he attacked when he was supposed to there welcome would come from "bloody hands and hospitable graves.” By almost 4 am Quantrill, and his men had made it through Franklin, Missouri, only a few miles from their intended target, cloaked by night but still taking every precaution, laying on their horses to avoid drawing attention to themselves, to keep the element of surprise. As they closed the distance between them and Lawrence the order would come up from their commander, “Rush on, boys, it will be daylight before we are there! We ought to have been there an hour ago.” Their pace would quicken as he set his men to columns of fours and pushed forward in a hastened gallop. At about 5 am on August 21st, 1863, they would reach the outskirts of town with the numbers varying between roughly 300 and 400 men. Second thought and doubt would begin to creep in as some wondered what lay ahead, worrying they not nearly prepared enough to ride through the town, and that they would be quickly cut down. Cautiously Quantrill would send William Gregg with five scouts ahead to ride through town and determine the lay of the land while sending some more up to the top of Mount Oread to serve as lookouts. As scouts made it through town, there was little indication that there was anything to fear. Those they saw, as few as they might have been seemed unconcerned by strangers riding through that early, some even mistaking them for Union soldiers. In the end, it became clear they weren't prepared for what was about to come. It wouldn’t matter to Quantrill; his mind had already been made up that he was going to attack. Now at the outskirts of the town, there was no turning back. Crying out to his men he would declare, “You can do as you please, I’m going to Lawrence” before riding into the town. They would follow even as one loudly declared, “We are lost.” Some were sent directly to the house of the Reverend S.S. Snyder, a minister at the United Brethren Church and a Lieutenant in the Second Colored Regiment. He would be one of the first to die, shot as he milked his cow in those early morning hours. Hard and heavy would Quantrill’s Bushwacker’s ride through the town, raiding, looting, murdering, letting loose hell on the people of the town. They had a list of names of those who they were going to kill first. The Mayor, Collamore, would hide in his family well, as they set fire to his house. Though his family survived the brutality of the day, he would die of smoke inhalation. Senator Lane, the general who had led the jayhawkers in the Siege of Osceola, would escape hiding in corn fields. Former Governor Charles Robinson, another prominent Free Stater, though long time rival of Senator Lane, would barely escape with his own life, as would Hugh Dunn Fischer, chaplain of the 5th Kansas Calvary. He would be dragged out of the house by his wife hidden in a carpet as Quantrill’s men watched his house burn. Though James Speer, the newspaper publisher backed by Lane, would escape with his life, two of his sons would be killed, the only thing sparing his youngest’s life was the fact that he gave a fake name. Meanwhile, Quantrill and his men would capture the Elbridge Hotel as their base for the remainder of the massacre, as his troops began to set fire to the town. By the time it was said and done, 4 hours later, over a quarter of the town was burned to the ground, including all but two of the businesses, and 164 civilians were dead, most of whom were men and boys. It was, by no account a raid, it was, for lack of a better term, a slaughter, a mass execution, a savage carnage unleashed on the people of Lawrence. So horrified by the events of Lawrence the Confederate Government would withdraw any and all support it had for Quantrill and his men. They would ride into Texas where they would eventually split among different factions by Winter, too rowdy and undisciplined to remain together. General Ewing would issue his General Order Number 11, expelling Missouri residents from the border counties of their state and then burning their homes and towns to the ground. Kansas Governor Thomas Carney would commission the infamous Colonel Charles Jennison, the Redleg Bandit who been an officer leading the Jayhawk raids in the early days of the war to wreak havoc. He would lay waste to everything in his path until he was finally captured in Missouri two years later, court-martialed and dishonorably discharged. Quantrill himself would not be so lucky. Still leading a group of maybe a dozen men, he would be caught in a Union Ambush in Kentucky a month after General Robert E. Lee surrendered to General Grant, he would be shot in the back and paralyzed from the waist down, before dying at age 27 on June 6th of 1865. Still, his name would live on, not just in the reunions of the men who would, after the war, begin to call themselves Quantrill’s Raiders, but also in the stories of two of his most famous Guerilla’s, Frank and Jesse James.

How far would you trust the current Congress? Would you trust the House and the Senate to take up the cause of your individual rights and freedoms? Would you vest in them the power of Government, with new, more broad expansions of the control that they currently have on the promise of these politicians that they would ensure your rights and freedoms? We probably wouldn’t. Living in a day and an age when the Bill of Rights is seen more as a hurdle to get over than a framework for responsible government, we probably wouldn’t believe the assurance even of well-meaning politicians to do protect our liberties. Yet as the Constitution was ratified that was exactly what the states and the people did. They ultimately agreed to approve this vast expansion of the powers of government in the promise that these politicians would take to the Congress to draft a Bill of Rights ensuring that as the political rights of the nation were entrenched in the Constitution the Individual Rights of the People would be ensured in an equally powerful document. In Part Two of this series on the Bill of Rights host Wyatt McIntyre leaves behind the British Magna Carta, Petition of Rights and Bill of Rights, those documents that were brought to America by the Colonists, and focuses on the path to our own Magna Carta Americana, our own declaration of Rights, and how the ratification process for the Constitution ensured its inevitable passage. Looking at the role of the Massachusetts Compromise, the thoughts of men like James Madison, Thomas Jefferson, Patrick Henry and other early American leaders he charts the contentious course of the Constitution and how its passage came with the stipulation that a Bill of Rights would need to come from the first Congress.  Join with us as we look at the personal struggles that the Constitution brought as Founders were vilified and Madison almost witnessed the death of his own political career

Even as Preston Brooks entered the Senate Chamber on May 22nd, 1856 few would predict the chain of events that he would set in motion, least of all him. A Southern Democrat representing South Carolina, he had heard of and read the speech made by Massachusetts Senator Charles Sumner. It had publicly Andrew Butler, who was not only his state’s Senator, but also his cousin. Now he demanded retribution. Whereas he might have demanded a duel, it was, after all his first instinct, he was talked out of it by his fellow Congressman Laurence Keitt. This was, after all, a man below his station. He had proven, in his speech and the language he used, that point. Dueling him would be beneath Brooks. No, if he were to get satisfaction it would be by treating him like the slaves the Northern Abolitionist loved so dearly, and caning him. The events that would follow would become an iconic moment in American history and a turning point as Senator Sumner crumbled unconscious in a pool of his own blood on the floor of the Senate. Though he would recover from his injuries the nation would never be the same. In a sense Brooks would, through his actions, create a unity in the Republican Party that would create a national movement that would, in a few years’ time, deliver the White House to Abraham Lincoln as he set into motion events that would quickly sweep out of control. In a sense he would become the unwilling father of the party he so despised and a movement completely contrary to his nature and his ideology. This is the story of the caning of Charles Sumner….

We talk a great deal of our rights as we define and then redefine them for our present age and way of thinking.  This is not necessarily something that is new. It did not just suddenly start with the Emancipation Proclamation or Universal Suffrage, it did not begin with the Civil Rights Movement, the Warren Court or the Civil Rights Act. No, this has been something that we have discussed, debated, and even go to war over. Since before there was an American nation and an American people, before the Republic was born and the institutions of it came into being we have talked about our rights, at times even struggling with the theory versus the practical experience with them. But what is the American tradition of rights and where did the Bill of Rights come from? The truth? To truly appreciate our rights, and understand what they are and what they mean. We need to study them so that we can truly appreciate them. We need to do this from a perspective that transcends just our modern age and our modern understanding as we look at them through the context and the scope of history. It is only in this way that we will be able adequately protect our rights and stand firm for our liberties as we seek to answer the dominate questions that we face as a nation and a people. In this first Episode of an ongoing series about the Bill of Rights host Wyatt McIntyre begins the journey into the history of the document. Tracing back to the Magna Carta of 1215 and moving through the British Petition of Right and the English Bill of Rights, the three major Constitutional Documents join him as he explore the deeper questions of the history of liberty in America, drawing from the perspective of past, and tie it to our present age and our present thinking so that we can draw from the deeper lessons that are offered.

As the second Republican National Convention met in between May 16th and 18th, 1860 it had seemed like it would go to New York Senator William Seward. Experienced, from a large state, and without a serious contender with the National Profile necessary to swing the delegates, he had a road map to victory. He would contain Senator Simon Cameron in Pennsylvania, and let Congressman Henry Bates and Governor Salmon Chase split the Ohio delegates. Abraham Lincoln, who had just recently lost the Senate Election to Stephen Douglas, considered the front runner at the Democratic Convention that was to reconvene in Baltimore might make a stir but he hardly had the profile to mount a serious campaign against him. He would offer him the Vice Presidency on the second ballot to shore up his support and ensure the much needed Western States were represented on the ticket.  In many senses it was Seward's to lose as nothing seemed to stand in the way of his ambition or his path to the White House. It was his time and it was his chance to make it happen. He would capitalize on his opponents at the Convention and then his opponents in the general election doing much of the same thing as he coasted to victory.  Yet a strange thing would happen at Wigwam Convention Center in Chicago, Illinois as the former Congressman’s campaign started to show life that Seward and his people hadn’t quite expected. Suddenly it was a race between the New York Senator and Lincoln. Little did he know that over the course of the next few days he would be out maneuvered by the man who had only met with limited electoral success as Lincoln’s surrogates started to nip at his heels and slowly narrow the gap between the two of them. If ever there was a man to live up to British Prime Minister Benjamin Disraeli’s designation from The Young Duke written almost thirty years prior it would be the upstart from Illinois. This is the story of Lincoln’s dark horse candidacy for the Republican Party’s 1860, and his unexpected win on May 18th, the beginning of a path that would take him to a narrow victory for the White House a few month later and forever alter the course of American history.

By 1773 the British East India Company had found itself skirting on the edge of bankruptcy. Between payments to the English Government, rising dividend costs, and its growing land empire, it had found itself dangerously low on money. Yet in its roughly 170 year history it had built for itself connections that wove through the ranks of British Government, moving through Parliament and the Halls of Power, all the way to Whitehall and later St. James Palace. The company was, at its core, too big and too well connected to fail, with many Members of Parliament shareholders in it. The plan from Lord Frederick North, Prime Minister and Chancellor of the Exchequer, would be to offer the beleaguered behemoth a bailout. The government would offer the company 1.4 million pounds to get it out of its current financial situation and would pass the Tea Act to give the Company and opportunity to pay back the loan. Parliament, and North, believed this to be the perfect solution. Lowering the price of the duty it would actually make the price of British East India Tea cheaper than even the smuggled Dutch Tea the colonists were currently consuming. What they perhaps hadn’t realized though was it wasn’t about the price of Tea, nor was it about saving money. In many senses the Parliament, in passing the Tea Act, believing somehow it would solve every problem from the crisis within the East India Company to the question of Parliament’s right to tax the colonies, misread the entire situation, setting England and America on an unavoidable collision course…. This is the story of the Tea Tax of 1773… For the entire transcript of this Episode visit FragileFreedom.com

It had been just over three years after General James Wolfe met the Marquis de Saint-Veran, General Louis-Joseph Montcalm on the Plains of Abraham. Though it would cost both commanders their lives, it would be the turning point in the war that would lead to the inevitable British victory in North America. Not even the French successes at the Battle of Quebec could turn that tide anymore. Now, with the Treaty of Paris signed by France, England and Spain, that vast Northern territory that once belonged to Louis XV now rested in the hands of his nation’s ancient enemy. Soon it would fall upon the shoulders of the newly appointed Governor-General, Jeffery Amherst, the chief architect of the British victory, to secure the peace as, as Francis Parkman, author of France and England in North America, would observe, “Half of the continent had changed hands at the scratch of a pen.” Perhaps had the Court of St. James chosen any other man some level of conciliation with the Native tribes could have been reached. Yet, for as much disdain as General Amherst felt towards the French he now was charged with the governance of, it was nothing compared to the contempt he had for the Native American people. The idea that he might have to somehow placate them and keep the peace with them through the giving of gifts did nothing to change that opinion. Even as the Superintendent of Indian Affairs for the Northern District, General William Johnson, a man respected by the tribes he was charged with keeping the peace with, pleaded with him to maintain those ties with Native Nations, he would make his position abundantly clear, “When Men of What race soever, behave ill they must be punished but not bribed.” In that arrogant dismal it would soon become apparent that the days of friendlier relations with the French were over as Amherst demonstrated his lack of patience with them. Not only would he stop the gifts, trade would be restricted and guns and gun powder to the tribes would be limited, fueling the animosity between the two peoples. The fact that the British would refuse to pull from the Allegheny Valley at the forks of the Ohio would nothing to ease this tensions. It would be Amherst hardline policies that would lead Chief Pontiac to unite the Great Lake tribes, the Ottawa, Ojibwa, Huron, and Potawatomi, to rise up, and throw off the European advances, embracing the traditional way of life preached by “The Delaware Prophet” Neolin. Just two days prior Pontiac had passed the gates of Fort Detroit with 300 men, their guns hidden in their blankets. He had hoped to launch a surprise attack and chase the British from its walls, but word had already reached Major Henry Gladwin of the plans. Even as they entered Pontiac and his men came to the realization that they were outgunned as they saw the British troops stationed around them with bayonets loaded and ready. The attack would be halted. The next day Pontiac, accompanied by three other Chief’s of the Ottawa, made every indication they had wanted peace. They had appeared before the gates of Fort Detroit to parlay with Gladwin, presenting him with a Calumet, a ceremonial pipe, with the assurances that they would return the next day to smoke it with him in the name of peace. Then, on May 9th, 1763, at about 11 am, Pontiac would return with approximately 400 men that rowed 56 canoes across the river to the gates of the fort. Captain Donald Campbell, who would later be taken under a flag of truce, bludgeoned to death, scalped and dismembered by the Objibwa, before their Chief Wasson cut out and ate his heart, would come forward from the gate to greet them. Gladwin, acutely aware of the danger that Pontiac presented, and distrustful of all Natives even before this, would allow only a small number through the gate. Pontiac would explain that all his people would want to smell the smoke of the pipe. Gladwin would respond that then all would be allowed to enter, but only in small groups, one leaving before another would be allowed in. The embarrassment and humiliation felt by Pontiac would be almost too much to bear, but worse yet, he knew the element of surprise was lost. Even as they turned from the gates they knew what had to be done and they would not be satisfied until the British were either dead or chased from Detroit. As the war dance died down from the Native Camps, the war cry would go up as the Siege of Fort Detroit had begun, setting in motion a series of events that would send ripples and waves through the colonies for over a decade. A brutal engagement, of which Pontiac himself was only responsible for a small part of the planning of, Pontiac’s Rebellion would spread as far west as present day Indiana and into the east as they laid siege on Fort Pitt, bringing out the darker nature of both sides as no mercy was shown. Amherst himself would propose the use of smallpox laden blankets to subdue the Native population as his sights would turn to biological warfare. The native tribes, in many instances, made no distinction between settler and soldier, torturing and slaughter both, as they had done with surrendering soldiers. In Western Pennsylvania British Colonists would form their own vigilante groups, and, making no distinction between friend or foe, murdered Native’s indiscriminately, while, in at least one case, that of Captain Campbell, a British soldier was cannibalized by the enemy. In the end the there would be no certainty as to the number of the losses from either side as, as one historian would describe it, “Both sides seemed intoxicated with genocidal fanaticism.” Aware now of the dangers and the struggles now faced with the conclusion of the French and Indian Wars, George III would, by October of that year, sign the Royal Proclamation of 1763 which would forbid British settlements west of the Appalachian Mountains and void land grants offered by the Crown for service to it. Though having been planned before the Siege of Fort Detroit, Pontiac’s actions pushed it through hastily and pre-maturely. Even now one need not examine too hard the effects that it would ultimately have on the British subjects across the Atlantic. Having looked Westward for the abundance of land, and the potential that it brought, the Proclamation would enrage Colonists, who believed expansion into that territory was their right and destiny, bringing latent resentment towards the Court of Saint James and that far distant, far removed government in London to the forefront, resentments that would rear their head during the course of the next decade and beyond as America marched itself towards Revolution. Eventually peace would be struck but, by that time, the damage had already been done. In the end the measures taken by the Crown to prevent future rebellion would, in turn, offer kindling to a different sort.

In many ways it had earned the nickname Rogue’s Island. Founded by Roger Williams when he had been expelled from Massachusetts colony for sedition and heresy, it had become the home of what many considered the most radical elements of the Puritans population in the colonies. While the colony itself had grown and prospered as a Mercantile hub, especially with the rise of the Transatlantic slave trade, the radical, rogue nature of Rhode Island and Providence Plantations had remained. By 1764 a group of Loyalists known as the Tory Junto, concerned with the revolutionary streak that ran through the Colony would go as far as to petition the Court of St. James to repeal the Colonies Royal Charter and replace it with Royal Government. In the end they would fail. They would be chased from Rhode Island. The colony, on the other hand, would remain largely unchanged, with many committed to the cause of Independence even in those early days. That independent spirit that refused to relent to King and Parliament would become clear when, less than a decade later residents ran aground the HMS Gaspee, a British Custom’s schooner under the command of the increasingly zealous Lieutenant William Dudingston. While Admiral John Montagu, once a staunch defender of the unpopular Lieutenant Dudingston, had the commander sent back to England for Court Marshall, he found himself powerless to punish those who had burned the Royal Vessel in Narragansett Bay. Though charged with treason by a Royal Commission, it wouldn’t last as the matter was eventually dropped. Though it wasn’t the first or the last act of defiance by the Colony, it had demonstrated how far Rhode Island would go and the protection that its residents would be afforded by its Governor Joseph Wanton. In that spirit of independence, the Rhode Island Legislature would meet on May 4th, 1776. It had been little over a year since the fighting had broken out at Lexington and Concord, since the first shots had been fired, engulfing the thirteen colonies in war, and violence and bloodshed, as they entered open rebellion against the British Crown. Rhode Island would eagerly send its troops. Merchants and privateers by trade, accomplished and creative sailors by experience, it would furnish the Continental Forces with the Commander-in-Chief of its Navy, Commodore Esek Hopkins, brother of former Governor turned Delegate to the Continental Congress. Samuel Hopkins.  Now, as the Continental Congress met to discuss what this loose Confederation of Colonies would do, Rhode Island busied itself with its own future and the path to its own independence. Drafted by Jonathan Arnold, who would go on to serve as a surgeon in the Continental Army before twice serving in the Congress of the Confederation, the preamble of the Resolution would read: WHEREAS in all states, existing by compact, protection and allegiance are reciprocal, the latter being only due in consequence of the former: And whereas George the Third, King of Great Britain, forgetting his dignity, regardless of the compact most solemnly entered into, ratified and confirmed, to the inhabitants of this Colony, by his illustrious ancestors, and till of late fully recognized by him—and entirely departing from the duties and character of a good King, instead of protecting, is endeavoring to destroy the good people of this Colony, and of all the United Colonies, by sending fleets and armies to America, to confiscate our property, and spread fire, sword and desolation, throughout our country, in order to compel us to submit to the most debasing and detestable tyranny, whereby we are obliged by necessity, and it becomes our highest duty, to use every means, with which God and nature have furnished us, in support of our invaluable rights and privileges; to oppose that power which is exerted only for our destruction. In less than two hundred words they would lay out their case in the simplest possible terms, listing their grievances with the Crown and the Parliament, calling the policies of the Crown and Parliament to the forefront for their tyranny and oppression, before the resolution itself was read. Allegiance to the King was replaced with allegiance to the State, the courts were removed from Royal Authority and placed under home rule and the business of the government would no longer be conducted in the name of the George III or his heirs, it would be a government of Rhode Island. With a stroke of the pen and a vote of the Legislature Rhode Island, long reputed as the most independent of the Colonies, would become the first of the thirteen to separate itself from the Crown and Mother Country, and declare its independence. No longer would it hold itself under the authority of a King in a far distant capital. No longer would it hold itself to the authority of a Parliament it was not represented in. Even as they closed that session of the Legislature, the feeling, the attitude and tone would be different for them as, instead of declaring, as they so often before had, “God save the King”, now they declared “God save the United Colonies.” Nicholas Cooke, elected to replace Governor Wanton in 1775, would write to General George Washington shortly after, “I also enclose a copy of an Act discharging the inhabitants of this Colony from allegiance to the King of Great Britain, which was carried in the House of Deputies, after a debate, with but six dissentient voices, there being upwards of sixty members present.” Two months later, to the day, the Declaration of Independence, the great charter of American national freedom, would pronounce freedom across all Rhode Island’s sister colonies, finally breaking the ties that bound it to the British Empire, as sovereignty separate from the Crown rang through the colonies, and set these United Colonies on an irreversible course towards nationhood and republic. Proudly the delegates of Rhode Island would affix their names to the document. The signature of William Ellery would be second only to that of John Hancock, while Hopkins, now well advanced in years but still a force to be reckoned with, would seek to steady his palsied ridden right hand, declaring, “my hand trembles, but my heart does not.” Once the war was over Rhode Island would become the fourth of the thirteen colonies to ratify the Articles of Confederation, that first charter of political freedom that governed the new United States, but it would, in that independent nature, initially refuse to take on the Constitution. It would only be when a Bill of Rights, declaring the rights and freedoms of the individual, was guaranteed that it would become the last of the original thirteen to adopt. Even then it would be reluctantly, having grown weary from those years of colonial rule of giving too much power and authority to a centralized government in a distant capital, in the hands of an Executive and Legislature removed from their daily lives.

The smoke lifted through the air as the houses burned, undoubtedly seen across the border in Dutchess County, New York. Earlier that day 2,000 British soldiers, marching from Fairfield, Connecticut under the command of Willian Tryon, Royal Governor of New York and Major General of the Provincials, had arrived in Danbury. Searching for rebel weapons and supplies, they would start to mark the homes of Loyalists. It wasn’t just that were going to deprive the enemy of guns and food. No, they were going to send a message. The unmarked homes, homes of Patriots would be set on fire. As word reached Colonel Henry Ludington, commander of the local militia, fresh returned from a three-day ride with his troops to shore up supplies, a sinking feeling had to come over him. The Patriots had only recently moved their supplies to Danbury in the belief that they would be safe there. Now they gone. Worse yet though, the veteran of the French and Indian Wars had to know that it was only a matter of time before the British Army crossed the border. Had the 400 men under his command been assembled they could perhaps, at the very least, put up a fight. But they weren’t. They were furloughed, on leave at their homes, believing little, if nothing had changed. He had to gather the troops. Yet the messenger who brought word at about nine that evening didn’t know the terrain, not well enough to bring word to the men scattered throughout the county. No, this task had to fall on the shoulders of someone who knew the territory and terrain, someone who knew the homes and the families along the road.The task would fall on the shoulders of the oldest of Colonel Ludington’s eight children, the 16 year old Sybil. Fiercely independent, she had watched her father train and drill his soldiers, and felt her own patriotism to the cause grow. Brave beyond her years, she had often served as a sentinal for her father. More than that though she knew the countryside, well versed in the terrain and the towns a messenger would have to ride. She would be the only choice. As the rain fell amidst the thundering of that night on April 26th, 1777 she would mount her horse with her father’s musket at her side, and she would ride. She would ride hard into the night. The ground beneath would have been soft and murky, having stormed all day, but she wouldn’t let it slow her. Her route would take her as far south as Mahopac and then to the North to Stormville. A treacherous path, she not only would have to avoid loyalists, but also roaming bandits with no allegiance to either side of the war. Yet she would be undeterred and undaunted. Not even the attack of a highwayman she would have to fend off would stop her. As she reached Carmel yelling “The British are burning Danbury” the Church bells would ring the alarm. Knowing the treacherous road she faced one of the men of Carmel would offer to ride the rest of the route with her. She knew the territory, and she had no fear for what might come. Dispatching him to spread word to the East, with the words “Tell them to join my father at Ludington Mill”, she would continue alone. Even as she rode word would reach Tryon that the Revolutionary forces were on the move. By this point, having found supply of whiskey, order broke down as the British troops stumbled through the streets of Danbury, looting homes as the people of the town watched in horror. Knowing that it wouldn’t be long before General David Wooster, and General Benedict Arnold arrived from Bethel, Tryon ordered they burn even more of the houses. The sky would burn orange into the night as the smoke lifted higher. Yet what they would soon find is that Arnold and Wooster were not their only problems as Ludington’s men began to assemble. In the course of that night, through mud and mist, rain and dark, against all obstacles, Sybil would cover forty miles before returning home in the early hours of that morning. Just over two years to the day of Paul Revere’s famous ride into the countryside of Boston she had rode twice as far to raise up the 400 men that would chase the British as they hurriedly exited Danbury that morning. Though they would not be able to save Danbury from the British they would be a part of the larger forces that would engage them at the strategic American victory at the Battle of Ridgefield. A short time later Colonel Ludington would receive praise from General Alexander Hamilton for his efforts, writing, “I congratulate you on the Danbury expedition. The stores destroyed have been purchased at a pretty high price to the enemy” with his daughter receiving personal notes of thank you from both the Comte Rochambeau and General Washington. Never really claiming her share of the glory a short time later she would slowly fade to the realm of the obscure, a part of lost history of the American Revolution, for over 100 years. Even today, while names like Paul Revere or William Dawes invoke a stir, hers remains largely unknown in the pantheon of early American heroes.

Lord Dartmouth had put it plainly to Governor Thomas Gage, “the sovereignty of the king over the Colonies requires a full and absolute submission.” Still few in Parliament had perhaps seen it going like this when, in February of that year, they had declared the Colony in an open state of rebellion, and pledging English lives and property to putting it down. Now even with the re-enforcements of Lieutenant-General Hugh Percy arriving with a thousand fresh troops to aid the expedition of Lieutenant Colonel Francis Smith, the Patriots had refused to relent. They pushed forward without giving an inch to British Regulars as they inflicted heavy casualties on them. Once, where they had perhaps been able to be talked down, it had now gone too far. Shots had been fired, blood had been shed, and the war was upon them. It had to be dawning on Governor Gage, as he looked out late in the evening and saw the camp fires surrounding the city, that there would be no submission, there would be no obedience in the colonies except through military supremacy even as the Colonialists were perhaps realizing they had forfeited their own safety at Lexington and Concord that morning. Now the only safety they would be guaranteed would be in their own numbers and ranks, in their military preparations and their ability to band together as a cohesive force. Now headquartered in nearby Cambridge, by the morning of April 20th, 1775 almost 15,000 Colonials surrounded the city. Plain people from nearby towns and colonies, militiamen, tradesmen, farmers who would have otherwise been home planting their crops, were now arriving in droves. Though they would not be able to take the Harbor or contend with the might of the Royal Navy, they could control the ground. Under the loose command of Brigadier General William Heath, who had taken control in the final stages of the Battles of Lexington and Concord, they began, with military like efficiency, to form Siege lines, emphasizing a blockage along the two necks, Boston and Charlestown, leaving the Royal forces trapped on the Peninsulas without land access to the remainder of the colony. Even as Gage now planned his next move, fortifying along Charlestown and Boston Necks, General Artemas Ward, having received word that fighting had commenced, rose from his sickbed in Shrewsbury, where he had been laid up with bladder stones, took to his horse and rode thirty five miles to Cambridge. A Colonel in the French and Indian Wars, Ward had made powerful enemies speaking out against Parliament and British colonial policies. Sir Francis Bernard, the predecessor to Governor Thomas Hutchinson, had stripped Ward of his commission and voided the results of an election to the Colonial Assembly that would have seen Ward take a seat in it. Had Bernard been able to contend with the respect and popularity that Ward had the portly officer might have been erased from history, but he could not. When it became apparent that the situation in Boston was degenerating into war, his former Regiment resigned from service to the Crown and elected him their new Commander. Only a few months later the Massachusetts Assembly voted him Commander-in-Chief of the Colonies Militia. The task in front of Ward was not an easy or a simple one. He was, by virtue of his rank, not by any vested authority, the officer in charge, but, more than that, he commanded an army of volunteers, one that had enlisted only for a single battle rather than a long, drawn war. Criticized by some for failing to impose stricter rules on those troops, he was acutely aware of a situation that Samuel Adams would clearly state when he wrote, “Our soldiers will not be brought to obey any person of whom they do not themselves entertain a high opinion.” Writing to the Provincial Congress himself a few days later Ward would state, “My situation is such that if I have not enlisting orders immediately, I shall be left all alone. It is impossible to keep the men here expecting something to be done. I therefore pray that the plans [for the formation of an army] may be completed and handed to me this morning, and that you, gentlemen of the Congress, issue orders for the enlisting of the men." At that very moment he had a delicate balance he had to strike. Ultimately, despite his popularity, he would be replaced by General George Washington as New England tried to convince the remaining colonies that this was not their struggle alone, that this was a struggle for the liberty of all of the colonies united. It would ultimately his new Commander’s low opinion of him that would force him into retirement, and from anywhere but the more obscure places in early American history. In the meantime Ward had to keep the Siege together through whatever means he could. Yet his challenges, they perhaps seemed small compared to that which was facing his adversary across the Charles River. It was there that the Patriot Commander found his greatest strength. The truth was he benefitted from the ineptitude of Governor Gage, who miscalculated the situation and the Patriots more often than not. Even as Dr, Benjamin Church, a well-known Patriot, fed him information in the days following the Battle of Lexington and Concord, and the establishment of Rebel encampments, he seemed unable clearly assess the situation to properly put down the rebels who were now rising up against the Crown and his own authority. But he would not be alone for long. In just over a month Vice Admiral Samuel Graves would sail into the harbor with 4,500 fresh troops, and three new Generals, John Burgoyne, William Howe, and Henry Clinton. Within the course of another month he would be replaced entirely, recalled to London, and replaced by William Howe. Regardless, the pot had boiled over as the fire of Revolution was lit. The inevitable collision between the American Colonies and England, the most powerful Empire in the World, had occurred, and it was beginning to become apparent that nothing would ever be the same again….

Few knew the pressure that Sir Thomas Gage was under to put down the rebellious spirit that had swept through Massachusetts Colony. Sir Thomas Hutchinson, and Sir Francis Bernard, who had both aspired to the position of Governor had found that their ambition was ill-equipped for the task in front of them as the Colony always seemed to simmer right near the boiling point, ready, at a moment’s notice, to spill over into violence. Appointed Military Governor by the Board of Trade in 1774, Gage had but one task, to bring those colonists in line by reminding them that they were loyal British subjects by whatever means he deemed necessary. Married into an old American family that has immigrated when New York was still New Amsterdam, many had perhaps hoped that Gage, with his reputation as a fair minded individual, would be more sympathetic than his predecessor had been. He was not. He was there on the King’s business and he would do the Kings business. Now he had received word that the Americans were gathering and storing cannons and gunpowder. In the earliest hours of the morning on April 19th, 1775 British Redcoats gathered under the command of Lieutenant Colonel Francis Smith, with Major John Pitcairn to lead the advance party. Their orders from Gage were to set about in haste, under the cloak of the utmost secrecy and to march on Lexington to arrest Samuel Adams and John Hancock before turning to Concord to destroy any rebel weapons stores that they may find. As they began to cross the Charles River at Boston Neck, they were perhaps oblivious to the two lanterns that Robert Newman hung from the Steeple at the Old North Church. It was the warning sign of the Patriots, “One if by Land, Two if by Sea”, as the alarm was sounded. What they were becoming aware of though was the fact that the farmhouses along their march, they should have been in the quiet peace of the nights rest, yet they were not. The lights in the windows burned as a bustle of activity seemed to be occurring behind those closed doors. Spies near to the Governor had already shared Gage’s plans with Dr. Joseph Warren, one of the few rebels left in Boston, and Warren turned to William Dawes and Paul Revere to sound the alarm. Just ahead of the British troops they rode, first Revere to the North, slipping past the HMS Somerset docked in the harbor, followed a short time later by Dawes to the South, pounding on the doors of Patriots declaring that “The Regulars are coming out”. By the time Smith and Pitcairn reached Lexington at Sunrise, Colonel John Parker, a veteran of the French and Indian Wars, and his Minutemen were waiting, well-armed with rifles that had better aim and distance than the bayonet and muskets carried by the Red Coats. Three officers would ride in full gallop, Pitcairn, it is said, yelling, “Throw down your Arms ye Villains, ye Rebels. Why don’t ye lay down your arms?” Defiantly Parker would declare, “Stand your ground; don't fire unless fired upon, but if they mean to have a war, let it begin here.” Suddenly a shot would fire, from where no one really knows. Though the full extent of the gravity of that shot perhaps wasn’t fully understood at that time it would become “The shot heard round the world.” Fighting would erupt at the British charged with their bayonet in hands. Parker’s cousin Jonas would be run through with a bayonet in front of his eyes. John Harrington, wounded, would drag himself home, only to die on the steps at his wife’s feet. As eight of Parker’s men lay dead, Colonel Smith had to realize the gravity of the situation. They had engaged in open hostilities with Colonists, now, regardless of who fired the first shots, they would ultimately need to justify that action to Gage upon their return. They needed to find the weapons stores. They would continue their march to Concord. Perhaps, with what happened at Lexington, they felt that the Patriots had received word and pulled back, or that word of their march had not travelled that far west because it was quiet when they had arrived, almost sleepy when they arrived. It wouldn’t last. Having pulled back to determine the next move Colonel James Barrett and his troops waited over the ridge as Smith and Pitcairn tore into the town. Under the tavern of Ephraim Jones they’d find three 24-pounder long guns. Having had word for some time of the plans of the British they had been buried there, but Loyalists in the town had tipped off the British as to their location, and now, at the edge of a bayonet, they forced Jones’ to reveal where on his premise they were placed. What they didn’t know was that as they searched the town fresh militiamen from Sudbury, Acton and other neighboring towns arrived to aid the small company of Patriots at Concord. With orders not to fire unless fired upon the Militia began their advance on the North Bridge at just before noon. Suddenly the worst fears of General Gage were coming to fruition as the Patriots rose up and charged against the Regulars. The British had no choice but to retreat as the withdrawal turned into a chaotic panic as they fled back to Boston. The American’s would not relent, they would fire upon them, even taking out Pitcairn’s horse, as they engaged in a different sort of fighting than the British Regulars were familiar with, combining marksmanship with Native cover-and-concealment strategy and ambush tactics. The neat lines the British were used to forming were no match for it. Though Smith would try to drive them off, he would find they wouldn’t be moved, inflicting heavy casualties on the British forces as they continued to rain down hell on then. Even the relief that must have been felt as they began to hear the familiar drum beat of re-enforcements was short lived. Worried he had sent too small of a force General Gage had dispatched Lieutenant General Hugh Percy and a thousand additional troops to the field a short time after Colonel Smith began his fateful advance. Now they were meeting as Smith was being chased from the field. Yet even the sight of fresh troops wouldn’t deter the Colonials as they pushed forward undaunted. Now under the command of Brigadier General William Heath they gave no relief as they pushed them back, refusing to give up even an inch of ground. In the end the British army was forced back to Boston and the war was upon them as Massachussets reached out in the struggle for liberty to slap back the long arm of the most powerful Empire in the world. By the rude bridge that arched the flood, Their flag to April’s breeze unfurled, Here once the embattled farmers stood, And fired the shot heard round the world. The foe long since in silence slept; Alike the conqueror silent sleeps; And Time the ruined bridge has swept Down the dark stream which seaward creeps. On this green bank, by this soft stream, We set to-day a votive stone; That memory may their deed redeem, When, like our sires, our sons are gone. Spirit, that made those heroes dare, To die, and leave their children free, Bid Time and Nature gently spare The shaft we raise to them and thee.

Thrown from his horse and kicked in the head as he tried to answer his brothers frantic calls, for two weeks the 8 year old boy lay in a coma, teetering on the edge of life and death. When he eventually regained consciousness, and the bandages were removed he had lost sight in one of his eyes. Though the blindness would eventually fade, his fear of the powerful animal would not. Distrustful of horses for the rest of his life in many senses Benjamin Grierson was perhaps one of the most unlikely of soldiers, let alone a Calvary Officer. Yet, with the drums of war now beating, and the bonds of union between the states shattered, the music teacher from Jacksonville, Illinois, deeply in debt, with his wife and children living with his parents, enlisted as an unpaid aid to Major General Benjamin Prentiss. It was here that he flourished, rising first to the rank of Major, and then Colonel of the 6th Illinois Calvary. Now, with the resignation of General Charles Hamilton, and his eyes set on the last Confederate Stronghold along the Mississippi River at Vicksburg, General Ulysses S. Grant, looked to Grierson to pave the path to it. Up until this point it had seemed that the Union Calvary Commanders weren’t up to the tasks place in front of them. They were no match for giants of the Confederacy. With nicknames like “The Wizard of the Saddle”, “The Knight of the Golden Spur” and “Thunderbolt”, Nathan Bedford Forrest, Jeb Stuart and John Hunt Morgan dominated the battlefields against their counterparts. Yet, on April 17th, 1863 the 36 year old Grierson, with the 6th and 7th Illinois Calvary, the 2nd Iowa Calvary and a battery of 6 two pounders, launched a raid that would prove him every bit the equal of those great strategic minds in the South. Having written to his wife, “You must not be alarmed should you not hear from me inside a month… my movements are to aid a great movement which is to take place at a distant point or points. You will understand what I refer to.” he would carry with him a compass and a cotton map to guide him and a report made by a Union Loyalist in Mississippi, containing travel routes, locations of Confederate depots and warehouses and the loyalties of the people throughout the State. He knew that he and his troops were to lose no time. There Grierson and his men covered thirty miles in their first day, before splitting to cross the Tallahatchee River at three different points by the next morning. Perhaps, had General Forrest not been putting down the raids of Colonel Abel Streight in Alabama he could have offered resistance to Grierson’s efforts, perhaps even meeting him measure for measure. But he was and the Union Calvary pushed forward, with the efforts of other Confederate Calvary Commanders ultimately unsuccessful against him. Each and every step of the way he hardened his men, pushing them to the brink, often only eating one meal a day as they continued undaunted, all efforts by the Confederacy to oppose him ultimately lacking. General Wirt Adams, one point would write to Lieutenant General John Pemberton, commander of the Vicksburg Garrison, declaring, “During the last twenty-four hours of their march in this state they traveled at a sweeping gallop, the numerous stolen horses previously collected furnishing them fresh relays. I found it impossible to my great mortification and regret to overhaul them.” Another Confederal Calvary Commander, Colonel Robert Richardson would declare, “We had forces enough to have captured and destroyed him but his movements were so rapid and uncertain of aim we could not concentrate our scattered forces.” By the time the raiders rode into Baton Rouge on May 2nd, Vicksburg was only a push away from falling. Pemberton had already dispatched an entire division to protect the Vicksburg-Jackson Railway line from Grierson’s assaults, as stories of the size of his force grew. In their last assault, they had pushed forward for 28 hours straight without food, sleep or even the briefest of rest as they covered about 76 miles. In 17 days over 600 miles were covered, 2 railway lines were disabled, with over 50 miles of the railway destroyed, over 100 confederates were killed or wounded, another 500 were captured along with a thousand horses and mules. With the lose of less than 30 men, three dead, seven wounded, five too sick to carry on and nine missing, he had, according to General William Tecumseh Sherman, launched “the most brilliant expedition of the war.” A short time later when General Grant would join Sherman to take Vicksburg, they would find the Confederacy spread too thin to mount any real resistance. Grierson, who often shunned the spotlight, would, to his chagrin, become a national hero if but for a short time. Having found his calling he would remain in the military after the war. Stationed in the West, the commander of an African American regiment it would largely be his attitude that would be his undoing. Considered a fair and consistent man, he was not only fiercely protective for his regiment, but also a constant advocate for them in a time when many didn’t believe they should be serving. Seen as too sympathetic in his dealings with Native Americans, arguing in favor of honoring treaties rather than war, it made him an unpopular figure in the west. A firm opponent of total war, though his raids were quick and decisive he would refuse to commit his troops to anything he considered having to high of a casualty rate, nor would he destroy civilian farms, or pillage and plunder private citizens. For him there were limits, and it would be his undoing before he faded into the obscure, eventually retiring in 1890, two years after the death of his wife Alice and two months after being promoted to Brigadier General.

Few knew the man’s private anguish as Patrick Henry rose to the floor at St. John’s Church in Richmond, Virginia. They perhaps knew that only four days prior he had said his final goodbye to his beloved wife Sarah, the mother of his six children, but what they didn’t know was the long battle that they had waged against her mental illness, or how he chose to care for her at home rather than subject her even to the harsh but progressive treatment of the newly opened Eastern State Hospital. Having seen the condition, having witness the deplorable, even cruel estate they would have left his wife in, the 38 year old Virginia lawyer would take on the care of her himself at their home at Scotchtown Plantation, watching over her to prevent her from hurting herself, bathing and clothing and feeding her. Even as she passed, denied a Christian burial because of her illness, Henry would bury her not more than 30 feet from their home, planting a lilac bush to mark that place now so sacred to him. No, how could they know the private anguish of the man who found now that “his soul was bowed and bleeding under the heaviest of sorrows and personal distress.” Yet, for as much as it perhaps felt like his life had ended with Sarah’s, it hadn’t. His crusade, it persisted, and he had long stood as one of the most vocal opponents to the Crown. In one of his more famous speeches a decade prior he had even gone as far as to suggest that George III might soon find that, amidst his oppression and tyranny, he would suffer that fate once inflicted upon Julius Caesar. Now the House of Burgesses met at Richmond, inland of the Colonial Capital of Williamsburg, and out of the reach of the Lieutenant-Governor John Murray, the Earl of Dunmore, who had recently dissolved the body. Without Governor and Council, there was but one reason for the body to meet: to discuss the cause and course that Virginia must follow as the sound of Revolution echoed in the air around them. Roughly 120 men, including the then retired Colonel George Washington and Thomas Jefferson, gathered as Speaker Peyton Randolph convened the body on March 23, 1775. It wasn’t long before Henry would rise to the floor with a resolution to raise a militia and to put it in a defensive position against the Crown. Opposition would quickly rise to the floor. Patience, his critics would argue, was what was needed. Though perhaps ignored in the past, there had not been a ample chance for the Court of Saint James to respond to the latest petitions sent, and reconciliation might still be possible. Though historians still debate the words that would be uttered next, none deny that those present were the witness to a turning point in American history. Without notes Henry would raise to the floor. A member of the clergy watching would describe “an unearthly fire burning in his eye”. His voice would be low and hushed as he uttered those first words “Mr. President: No man thinks more highly than I do of the patriotism, as well as abilities, of the very worthy gentlemen who have just addressed the House. But different men often see the same subject in different lights; and, therefore, I hope it will not be thought disrespectful to those gentlemen if, entertaining as I do, opinions of a character very opposite to theirs, I shall speak forth my sentiments freely, and without reserve. This is no time for ceremony. The question before the House is one of awful moment to this country. For my own part, I consider it as nothing less than a question of freedom or slavery; and in proportion to the magnitude of the subject ought to be the freedom of the debate. It is only in this way that we can hope to arrive at truth, and fulfil the great responsibility which we hold to God and our country. Should I keep back my opinions at such a time, through fear of giving offence, I should consider myself as guilty of treason towards my country, and of an act of disloyalty toward the majesty of heaven, which I revere above all earthly kings.” Slowly his voice would become louder, his tone firmer as he met the eyes of the delegates in that room. “Mr. President, it is natural to man to indulge in the illusions of hope. We are apt to shut our eyes against a painful truth, and listen to the song of that siren till she transforms us into beasts. Is this the part of wise men, engaged in a great and arduous struggle for liberty? Are we disposed to be of the number of those who, having eyes, see not, and, having ears, hear not, the things which so nearly concern their temporal salvation? For my part, whatever anguish of spirit it may cost, I am willing to know the whole truth; to know the worst, and to provide for it.” “I have but one lamp by which my feet are guided; and that is the lamp of experience. I know of no way of judging of the future but by the past. And judging by the past, I wish to know what there has been in the conduct of the British ministry for the last ten years, to justify those hopes with which gentlemen have been pleased to solace themselves, and the House? Is it that insidious smile with which our petition has been lately received? Trust it not, sir; it will prove a snare to your feet. Suffer not yourselves to be betrayed with a kiss…” His gaze would turn to the slights of the Crown against the American people. He would look to the British Army and Fleets, as he looked at reconciliation as a but a dream from which every one of them would wake from to experience the nightmare of this tyranny imposed on them. “The tendons of his neck stood out white and rigid, like whipcords. His voice rose louder and louder until the walls of the building and all within them seemed to shake and rock in its tremendous vibrations. Finally, his pale face and flaring eyes became terrible to look upon. Men leaned forward in their seats with heads strained forward, their faces pale and their eyes glaring like the speaker’s…” “They tell us, sir, that we are weak; unable to cope with so formidable an adversary. But when shall we be stronger? Will it be the next week, or the next year? Will it be when we are totally disarmed, and when a British guard shall be stationed in every house? Shall we gather strength by irresolution and inaction? Shall we acquire the means of effectual resistance, by lying supinely on our backs, and hugging the delusive phantom of hope, until our enemies shall have bound us hand and foot? Sir, we are not weak if we make a proper use of those means which the God of nature hath placed in our power. Three millions of people, armed in the holy cause of liberty, and in such a country as that which we possess, are invincible by any force which our enemy can send against us. Besides, sir, we shall not fight our battles alone. There is a just God who presides over the destinies of nations; and who will raise up friends to fight our battles for us. The battle, sir, is not to the strong alone; it is to the vigilant, the active, the brave. Besides, sir, we have no election. If we were base enough to desire it, it is now too late to retire from the contest. There is no retreat but in submission and slavery! Our chains are forged! Their clanking may be heard on the plains of Boston! The war is inevitable and let it come! I repeat it, sir, let it come.” Finally, he would draw to a close, his voice sure in its steady determination, strong and coarse in those words as he pushed his wrists together as if bound by chains, and then suddenly pulling them apart as they burst: “It is in vain, sir, to extenuate the matter. Gentlemen may cry, Peace, Peace but there is no peace. The war is actually begun! The next gale that sweeps from the north will bring to our ears the clash of resounding arms! Our brethren are already in the field! Why stand we here idle? What is it that gentlemen wish? What would they have? Is life so dear, or peace so sweet, as to be purchased at the price of chains and slavery? Forbid it, Almighty God! I know not what course others may take; but as for me, give me liberty or give me death!” There would be no applause, no ovation for Henry, the room would fall to a deathly hush. One delegate, Colonel Edward Carrington, would declare, “Let me be buried at this spot!”, a request his wife would honor when he did pass. The Virginia Gazette would declare, “The sword is now drawn, and God knows when it will be sheathed.” “Liberty or Death” would become a rallying cry of the Revolution as the die was cast and Virginia would rush headlong into open defiance of the Crown. Though no transcript of the actual text of Henry’s Speech exists, and the first printing did not occur until over 40 years later, Henry would stand as an imposing figure in early American history.  Jefferson himself would later confide in writing to Daniel Webster, “It is not now easy to say what we should have done without Patrick Henry. He was far before all in maintaining the spirit of the Revolution… He was our leader in the measures of the Revolution in Virginia and in that respect more is due to him than to any other person.” What still does exist is the lilac tree that he planted for Sarah but that short distance from their house.

Even before he had sent out the letter not even ten days prior Lieutenant Colonel William Barret Travis knew that the cause had been lost. Even as the 187 volunteers who stood guard within the mission walls looked out on the sea of 3,000 Mexican soldiers under the command of the Napoleon of the West, General Antioni López de Santa Anna, they knew how outnumbered they truly were. In their minds this was not how it was meant to be, and there was little doubt they had wondered how it had carried this far. Mexico was supposed to be a land of opportunity for them. It had only declared its independence from Spain 4 years prior when Americans began to immigrate. The Panic of 1819 had led to financial disaster as depression gripped the economy and land prices soared. The Second Bank of the United States, and, in turn, the government had failed the people as the inflationary bubble ballooned out of control, until it finally burst. Mexico, despite the political instability, seemed like it was the new frontier with its vast open territory in Texas, and its new federalist system modeled after the United States Yet it wouldn’t last… In 1833 Santa Anna would be swept to power, and he would begin to test the scope of that authority. Within two years the fight between the President’s new Centralist Agenda, and the established Federalist order that had dominated the Mexican way of life for the past decade would turn to violence. It wasn’t just Texas that rebelled. Several states openly defied the regime that exerted its dominance over them. Yet one by one they fell to the Army of Operations as Santa Anna stepped down to lead the army and put down the insurrection. Even the well-armed Zacatecan Army under Governor Francisco García Salinas fell within two hours as 3,000 of his citizens were taken prisoner. It would be the last stand before the Constitution of 1824 was replaced by the Seven Laws. Mexico would dissolve the Congress and consolidate its power in the hands of the President, becoming a dictatorship. Now, the Alamo was next in front of Santa Anna… His troops had already been forced to withdraw at the Battle of Gonzales, humiliated during the Gulf Coast Campaign and defeated at the Siege of Bexar. Each step of the way they would be frustrated by the Texians. But there would be no salvation for the rebels locked behind those mission walls. Colonel Travis knew it as well. Having only been sent to the Alamo a month prior and having been given joint command with Colonel James Bowie, he had sent his famous plea just a few days prior, declaring, “ The enemy has demanded a surrender at discretion, otherwise, the garrison are to be put to the sword, if the fort is taken - I have answered the demand with a cannon shot, & our flag still waves proudly from the walls - I shall never surrender or retreat. Then, I call on you in the name of Liberty, of patriotism & everything dear to the American character, to come to our aid, with all dispatch - The enemy is receiving reinforcements daily & will no doubt increase to three or four thousand in four or five days. If this call is neglected, I am determined to sustain myself as long as possible & die like a soldier who never forgets what is due to his own honor & that of his country - Victory or Death.” Perhaps had Bowie removed the artillery and destroyed the fortification, having had the authority from Major General Sam Houston, but it was too late now No real relief would come. Colonel James Fannin would march his troops, some three hundred strong, but they would push only to Goliad before trouble would greet them, leaving them stuck without food or adequate supplies. Washington was too far for Travis to reach the ears of the American President to send help and support, not with the numbers massing outside those walls. At 5:30am on March 6th 1836 the Mexican Army would begin their advance. Sleep deprived and exhausted, three sentinels would be found sleeping, and killed before they could sound the alarm. It wouldn’t be until the sound of the bugle and the cries of “Viva Santa Anna!" that the defenders would know that the siege was upon them. The women and children would hastily rush to the chapel, barricading themselves in. From the other side, Travis would yell, “Come on boys, the Mexicans are upon us and we'll give them hell!” as they rushed forward to meet the flood of troops that came crashing down on them. He would be one of the first to fall, shot firing into the invading forces rank, drawing his sword, taking a soldier who had scaled the wall with him. Within an hour the battle would be over. Colonel Bowie would be dead on his cot, too sick to meet the invaders on at the wall, but braced against the wall with pistols and his infamous knife. Stories would circulate that Colonel Davey Crockett would be found with at least 16 enemy soldiers fallen around his corpse. Major Robert Evans would fall with a torch in his hand, trying to set the gunpowder on fire. Had he not the blast would have encompassed the church. Among the last to fall Captain Almaron Dickinson, Second Lieutenant James Bonham, Colonel Travis’ cousin, and Private Gregorio Esparza grabbed rifles and started to fire before being overtaken by the bayonet, the last words escaping Dickinson’s mouth crying out, “Great God, Sue, the Mexicans are inside our walls! If they spare you, save my child”. In the end, when the smoke settled, all but seven of the defenders of the Alamo had died. As Santa Anna’s troops toured the carnage there would be no mercy shown, no reprieve offered. Any found moving would be bayoneted. Even the seven who surrendered would find no pity in the eyes of the enemy as he ordered their immediate execution. Yet, it would be a costly victory. For the almost 200 who would die 600 Mexican soldiers would be wounded or killed at the Alamo. Though Santa Anna would press forward amidst the Goliad campaign, the Alamo would be a rallying cry for the Texas revolutionaries as he met his decisive defeat at the Battle of San Jacinto. Perhaps best described by the memorial at the field where General Houston’s forces took Santa Anna prisoner, it simply reads, “With the battle cry, "Remember the Alamo! Remember Goliad!" the Texans charged. The enemy taken by surprise, rallied for a few minutes then fled in disorder. The Texans had asked no quarter and gave none. The slaughter was appalling, victory complete, and Texas free! On the following day General Antonio Lopez De Santa Anna, self-styled "Napoleon of the West," received from a generous foe the mercy he had denied Travis at the Alamo and Fannin at Goliad.”

Monfort Browne, Lieutenant Governor of the Bahamas, was still dressed in his nightshirt when he rushed from Government House to order the alarm sound. The cannons would ring in the air, alerting the militia of the imminent attack.  The American fleet had been spotted off of the coast of Nassau and it was only a matter of time now before the raid commenced. The sound in the distance would be a disappointment to Commodore Esek Hopkins. He had ignored orders. Told by the Continental Congress to patrol the shores of Virginia, and North and South Carolina, conducting raids on British forces spotted off their coasts, he chose instead to set sail for Nassau. It was no secret that John Murray, Lord Dunmore, the Colonial Governor of Virginia, had ordered the removal of British stockpiles of weapons and gunpowder, sending them to New Providence in the Bahamas to keep these stores from being captured by Colonial Rebels. Now Dunmore was using those weapons to launch his own assaults, particularly off the coast of Virginia. Dangerously low on munitions, the Continental Congress planned a raid on Nassau but Hopkins orders, at least his known orders, didn’t include sailing further than Abaco. Now, with over 200 Continental Marines under the command of Samuel Nicholas, Captain of the Marines, his fleet anchored offshore planning their next move, knowing that it had to be a careful one. Familiar enough with the government seat, he knew that a dangerous bar lay just off from the entrance to the harbor. At the west Fort Nassau, though perpetually in disrepair, and at the east Fort Montague protected the opening. Gale force winds had already separated the Fly and the Hornet from the remainder of the fleet, sending the Hornet back to port for repairs. Though two British merchant ships would be captured on their way to Nassau and pressed into service, he still relied on the idea that this was to be a surprise attack. Those plans now had fallen to the wayside and the first attempt at an assault would be quickly aborted. Yet Hopkins would not be so easily deterred. Planning a new attack from the east he would dispatch Captain Nicholas and his Marines as the Wasp and the Providence covered their landing. At approximately 12:00pm on March 3rd, 1776 the United States Continental Marines lead by Captain Nicholas, accompanied by 50 sailors under the command of Lieutenant Thomas Weaver of the Cabot would come ashore at the east near Fort Montague. Barely four months old, it would be the first amphibious landing of the US Marine Corp. The British cannons would open fire, but it would only be a slight resistance. Even as Governor Browne arrived with an additional 80 militiamen they were severely outnumbered, perhaps more than Browne had initially imagined, because he would almost immediately order the withdrawal of troops from Montague, yielding the ground to the Marines. Resolved to the fate that he had lost the moment those troops took to the shore, the militia would return home rather than mount a resistance, and Browne himself would retire to Government House to plan his next move. Here Commodore Hopkins would make his strategic blunder. As Nicholas took the evening to chart his course for the next day, as he took the time to strategically plan his next move with his troops, Browne would order over three quarters of the gun powder, 162 of the 200 barrels stockpiled, be loaded on the Mississippi Packet and the HMS St. John and sent to St. Augustine. Anchored off Hanover Sound, Hopkins had neglected to station any ships to guard Nassau Harbor. Though the fleet might then have been safely out of range of the British guns, the majority of the gunpowder desperately needed by General George Washington made its way from their hands, slipping just out of their grasp as, without trouble or incident, those ships set sail. Regardless, the next day, as Captain Nicholas marched on Fort Nassau, he would do so without a shot fired. Having received word that, at most 200 militia, inhabitants of the town, constituted the only defense Hopkins penned an open letter declaring “The reasons of my landing an armed force on the island is in order to take possession of the powder and warlike stores belonging to the Crown and if I am not opposed in putting my design in execution the persons and property of the inhabitants shall be safe. Neither shall they be suffered to be hurt in case they make no resistance.” Taken at his word, the response was telling. As Nicholas approached the town he was met by resident. They were ready to surrender, abandoning the Nassau and the Governor to the Americans. Once it had been discovered that Browne had successfully denied the American’s those desperately needed barrels of gunpowder, he would put in irons. Arrested, he was confined to the brig of Hopkins flagship the Alfred. Yet when the Commodore would return to America with the 30 plus barrels he could take hold off, as well as the 103 cannons and other munitions, it would not be Browne who would take the brunt of the blame, but the American commander himself. Though initially praised for the attack he would eventually be court martialed. It would be the first disgrace in a downward spiral that would see to it that he was eventually forced from the Navy two years later. Browne would be, likewise, treated with scorn once he was traded back to the British for General William Alexander, captured during the Battle of Long Island. His actions and motives for those actions would be perpetually questioned by British Circles and in British Court. Captain Nicholas, commended for his actions, would be promoted to Major. Eventually he would be placed in a role similar to that of later Commandant of the Marines, his heart would be elsewhere. Seeking once more to be put back in the field he would be frustrated, finding that the Continental Congress had other designs for him. He would serve until the Continental Marines were disbanded at the end of the Revolution.

The Inauguration of the 19th President was but three days away. The problem was that though the election had been held four month prior, there was little telling who that would have been. New York Governor Samuel Tilden had won the popular vote by over 280,000, he had a clear majority of 50.9% to Ohio Governor Rutherford B. Hayes 47.9%. What’s more is he had to believe that he had edged out his Republican opponent in the Electoral College. He had taken 184 seats, one shy of the majority he needed to be sworn in, compared to Haye’s 165. With 19 out of the 20 electors in question being from the South, Tilden had to believe that he could manage to pick up 1 state before his opponent in that bitterly fought race would take all 20. After all, even if Hayes did take those three states, which seemed unlikely, Oregon Governor LaFayette Grover had given him the vote he needed when he replaced a Republican Elector John Watts with Democrat C.A. Cronin. The truth was that the Democrats had every right to believe that they would win the election. Having had been in political exile since earliest of days of the Civil War, the Panic of 1873 had given them their opening. The next year they would make significant gains in the Senate, but more importantly, for the first time since 1860 they would take the House. By 1876 corruption, scandal and a lagging economy so plagued the Republican Party that many in the party feared that President Ulysses S. Grant would run for a third term, and there was nothing they could do about it. Though the legendary General, having seen his once golden reputation now tarnished by the political arena, would step down, the emergence of the virtually unknown Rutherford B. Hayes as the conventions dark horse, had all but handed the election to Tilden. Had not the charismatic Senator James G. Blaine of Maine not been embroiled in scandal they might have stood a chance. Instead they were straddled with a compromise on the 7th ballot as the Governor who placed 5th on the first two ballots became their candidate. Even as the election turned dirty, even as his opponents tried to tar him as briber, thief and drunken syphilitic Tilden was the man who had gone against the political machine. He was the great reformer who had sent Boss Bill Tweed to prison. No amount of “Waving the Bloody Shirt” was going to distract from the fact that Tilden was the only man to clean up the mess of the previous Republican Administration. Though there was allegations of fraud and intimidation, with South Carolina, for example, reporting 101% voter turnout of all eligible voters while African-American votes more likely to be Republican than Democrat were suppressed, it was a bump in the road. He had little doubt that the newly appointed 15 Member Election Commission, selected by Congress to resolve the issue when the College could not name a clear winner, would undoubtedly give him the final legitimacy he needed. It would take until March 2nd, 1877 but finally it had been decided by the 8 Republicans and 7 Democrats who comprised the Commission. Though Associate Justice Joseph P. Bradley, a Republican, had indicated that he would vote to award Florida to Tilden the night before, the end vote would be right along party lines, and, without a majority of both the House and Senate, it was finalized. As he travelled to Washington by train, Rutherford B. Hayes was informed that he had secured the 20 electoral seats necessary to defeat Governor Tilden by a single vote in the College. By the narrowest of majorities, the election had been decided with Louisiana, South Carolina, Florida, and that third vote from Oregon going to Hayes to give him a single seat edge over the more popular Tilden. For the first time in history the nation would have a President who lost the popular vote but won the Electoral College. The Democrat controlled House would filibuster to prevent the results from becoming official, knowing that it needed to be finalized by the 4th or interregnum would occur as the normal functions of government would be suspended. It would take the compromise of 1877 to eventually resolve the issue, with Hayes agreeing to appoint a Democrat as the Post-Master General, and to remove all Federal Troops from Government Buildings in Louisiana, Florida and South Carolina, ending Reconstruction. Though Republicans would celebrate, with papers like the New York Times declaring, “Indeed, some of them go so far as to say that no matter what may come, the country is well rid of the pretender Tilden. For that person no one has a good word.” many Democrats would not, dubbing Hayes as “His Fraudulency” and “The Usurper”. In many senses he would never be their President. Four years later he would not subject himself to another election, reaffirming his commitment to a single term as he stepped aside for James Garfield. Tilden would go to the grave in 1886 believing he had been robbed what was rightfully his by the “Boss Thief”, declaring, “ I can retire to public life with the consciousness that I shall receive from posterity the credit of having been elected to the highest position in the gift of the people without any of the cares and responsibilities of the office.”

Prime Ministers didn’t last long as one administration quickly gave way to another. Since the Ministry of Henry Pelham ended under the reign of George II in 1754, Great Britain had seen seven men, and eight administrations holding office for no more than two to three years apiece. That was until the rise of Frederick North as he ascended to the First Ministry For twelve years, twelve long years, with the full support and consent of George III, he would preside over the most powerful Empire of the world. Yet there was little doubt that time had taken its toll, aging the 49 year old perhaps the full measure of a lifetime in little over a decade. Even before his rise the American situation was beginning to steam. Within his first three month in office it would boil over. Within 6 years protests had turn to violence, violence to open defiance, and defiance to revolution as the American colonies asserted their Independence from the Court of Saint James. Perhaps, at times, he knew he was in over his head. Even as he declared the colonies in a state of rebellion in 1775, following Bunker Hill, he had sought to resign in favor of a Prime Minister who perhaps more experience in handling these affairs. In 1776, following the Battle of Saratoga, he would once more attempt to offer his resignation. The next year, as France entered the war, he would try again. In fact, on numerous occasions he had sought to set aside his own ambition, and alleviate his burden for someone he believed more apt and able, and each time the George III refused. Yet, resignation would come. It just not in the form that he had perhaps hoped as he was marked as the man who lost the war. By February 27th, 1782, it would become clear that the end was now near for not only Lord North but also the Revolution that had come to define so much of his administration. Even as word of the fall of Yorktown reached him, he would confide in his diary, “Oh God! It's all over.” Now General Henry Seymour Conway was rising to the floor of the House of Commons. Despite his majority in Parliament, the hold that Lord North had was beginning to crack as defections from his Tory’s strengthened the Whig Opposition. Five days earlier Conway had tried to end the War. He would fail by one vote. Now, with his resolution reworked, and reworded, 234 would vote for it, 215 would vote against. With a 19 vote majority a motion would pass to recognize America’s Independence and begin the peace process.  Deserted, abandoned by many in his party, not just those who voted for the measure, but also by those who chose rather to be absent than vote for or against, it would be only the second time in the history of the Westminster System that a government had lost a vote of no-confidence. A few days later the papers would declare, “In consequence of this important decision, the nation are at last within the prospect of enjoying the blessings of a Peace with America.“ Having faced not just the American Revolution, but the Falkland Crisis against Spain, the Gordon Riots in Ireland, the potential invasion of the Isle of Wight and Portsmouth, and the prospect of losing Gibraltar, North couldn’t hold on anymore, nor lead the pro-War cause. But then it wasn’t as if he wished to either. Within the next few weeks he would tender his resignation to George III. It would, despite it all, be with hesitation and reluctance that the King would accept. The Marques of Rockingham, after almost 16 years out of power, would be asked to lead despite the disdain the monarch felt towards him. Within less than half a year though Rockingham would be dead at age 52 from the flu. Despite the instability that would arise from the three Whig Prime Ministers who would take to the office between the resignation of Lord North and the rise of William Pitt the Younger in 1783, peace for the former American colonies would be secured at the Treaty of Paris, the lasting legacy of the almost ten months that William Petty, the Earl of Shelburne, spent as Prime Minister.

Is the Travel Ban issued by President Trump actually unconstitutional? Does it overstep the authority and the power that has been given to the President? In this episode of Fragile Freedom host Wyatt McIntyre takes on the question of the Trump Travel Ban that has been all over the news, taking a trip through time to discuss what power the President has in setting immigration policy and what power the judiciary has in reviewing those policies. Starting with the Alien and Sedition Acts he moves through the Chinese Exclusion Act and the Johnson-Reed Act straight through to measures issued by President's Jimmy Carter, George W. Bush and Barack Obama to see what previous Administrations were allowed. From there he looks at decisions rendered in the Chae Chan Ping v. United States, United States v. Ju Toy, and Harisiades v. Shaughnessy to determine what the courts have said in the past regarding their power with regards to Judicial Review of Immigration Policy. With these cases in hand he works through the precedents and the legislation to answer the deeper questions people may have as to what is actually within the President's power and what is not when it comes to issuing a exclusionary immigration policies.  So take the time to join us for this controversial but must listen episode of Fragile Freedom. 

When Massachusetts Senator Daniel Webster was offered the Vice Presidency on the Whig ticket of 1840 he declared, “I do not propose to be buried until I am really dead.” It was, as the nation’s first Vice President, John Adams described, largely viewed as “the most insignificant office that ever the invention of man contrived or his imagination conceived.” It was not an office often marred with controversy or struggle, at least not like the Presidency, whose elections had, more often than not, turned into brutal political blood sports. Then there was the man who became the only Vice President in history to be selected by the provisions of the Twelfth Amendment, as the Senate met on February 8th, 1837 to elect Richard Mentor Johnson as the 9th Vice President of the United State. The truth was that Colonel Johnson, Congressman from Kentucky, was not Martin Van Buren’s first choice. He wasn’t Van Buren’s choice at all He wanted Virginia Congressman William Cabell Rives, a man who had begun his career studying law at Monticello under then former President Thomas Jefferson. But Rives, a onetime supporter of President Andrew Jackson, began to make an enemy of the President as he began to oppose the administration on hard money currency and its stance on state banks. While it left Jackson’s Vice President undeterred as he looked for his running mate for 1836, Jackson would start looking elsewhere before setting his sights on his protégé, Richard Johnson. Still, he was a hard choice and an even tougher sell. After all Johnson carried far too much baggage for his liking. Having been in a common-law marriage with a slave, Julia Chinn, he had lost his bid for re-election to the Senate less than a decade prior when he claimed their daughter as his own, offering to her his last name. To have an affair with a slave was acceptable, to introduce them and the children through them into society as one’s family was indefensible. Yet to Johnson there was no shame or embarrassment. As he explained it, “Unlike Jefferson, Clay, Poindexter and others I married my wife under the eyes of God, and apparently He has found no objections.” Even after her death just a few years prior he was a controversial choice, though he still seemed to keep his eye on a potential ascendency to the highest office of the land. Regardless, Jackson believed that Johnson’s war record during the War of 1812, would offset any liability that he had, and offer credibility to Van Buren, who had not served. He was, after all, the hero of the Battle of the Thames, the man who had killed the Shawnee leader of the great Native American Confederacy, Tecumseh. In fact that would be all that he would run on as he took the line from Boston Publisher William Emmon’s poem as his slogan, “Rumpsey Dumpsey, Rumpsey Dumpsey, Colonel Johnson killed Tecumseh.”  Yet it was not enough. Tennessee Supreme Court Justice John Catron, who would be appointed as an Associate Justice to the Supreme Court by Jackson during his final days in the White House as the court expanded from 7 members to 9, would declare to the President that he found the idea was ridiculous that “a lucky random shot, even if it did hit Tecumseh, qualifies a man for the vice presidency.” In the end, the Electoral College agreed. South Carolina would, for the only time in its history, award its Electors to a Whig. It would return to the Democratic fold for every election after until 1868. Though Van Buren and Johnson carried the election with 15 states and 170 votes in the Electoral College compared to William Henry Harrison’s 7 states and 73 Electors, Virginia, a state that they won, refused to cast its 23 votes for Johnson as Vice President even as it affirmed Van Buren as the President. With 148 votes necessary, the faithless electors of that state had left him one vote shy. It was up to the Senate to decide by the power vested in them by the Constitution, which declared, “The person having the greatest number of votes as Vice-President, shall be the Vice-President, if such number be a majority of the whole number of Electors appointed, and if no person have a majority, then from the two highest numbers on the list, the Senate shall choose the Vice-President; a quorum for the purpose shall consist of two-thirds of the whole number of Senators, and a majority of the whole number shall be necessary to a choice.” They would have to pick between Johnson and Whig Vice Presidential Candidate Francis Grainger. Johnson would carry the Senate 33 to 16, but it would be clearly across Party lines, with the clear majority of his votes coming from Jacksonian Democrats, with the Whigs casting their vote overwhelmingly for Grainger. Four years later though even Jackson couldn’t, and wouldn’t, save him. Viewed as a liability on the ticket Van Buren would opt not to have a running mate rather than the Vice President from Kentucky that couldn’t carry his own state, agreeing to a compromise that would see no one nominated to the ticket, allowing anyone to run as Vice President, allowing the States to decide. Johnson would run again, but perhaps as a incoherent shell of an embattled man desperate to retain the office that had, in that election, been spurned by Daniel Webster, when William Henry Harrison offered him the second spot on his ticket. With only 48 electoral votes, he would fall 12 short of the 60 that his one time running mate one. In the end it wouldn’t matter for either of them as Harrison won in a landslide, his short lived Presidency making way for John Tyler to ascend to the Presidency.

It was Thomas Jefferson who lamented that slavery would ultimately be the “rock upon which the old Union would split." Now the hammer had come down, and it came down hard. Already six states, South Carolina, Alabama, Mississippi, Florida, Louisiana and Georgia, declared themselves to be free and sovereign states, separating themselves from the Union. Even as pamphlets with titles like “The South Alone Should Govern the South” circulated radical elements wove their way through Southern society to take hold, rejecting any form of compromise. Despite the efforts of its Governor, Sam Houston, a Constitutional Unionist, the Legislature reaffirmed the Texas Secessionist Convention. Voting with the six states that had already left, all that was needed now were the results of a referendum later that month. Yet none who left, or who were looking to leave had any intention of standing alone. Even before Abraham Lincoln would be sworn in as the 16th President of the United States, they would have a Republic of their own, one that would not be dominated by free states, one that would preserve for them the institution and foundations of their prosperity: slavery. On February 4th, 1861 that new union would take form as delegates met in the small, unpaved frontier town of Montgomery, Alabama with the express “purpose of consulting with each other as to the most effectual mode of securing concerted and harmonious action in whatever measures may be deemed most desirable for our common peace and security.” Six states, with the advice of Texas, which soon would become the seventh, would form the provisional government of the Confederate States of America. Within five short days former United States Secretary of War and Senator from Mississippi, Jefferson Davies would be elected as their first, and ultimately only, President, though only Provisionally at this point, as ‘The Orator of Secession’ William Yancey handed the reigns of the new Revolution to him, declaring, “The man and the hour have met. We now hope that prosperity, honor, and victory await his administration.” Yet, for whatever might have been said as they perhaps convinced themselves that they were Patriots, no different than George Washington or Thomas Jefferson or James Madison, seeking to protect what was theirs from an overbearing, far distant Government that sought to rob from them their power and their property in the Union Alexander Stephens perhaps offered the strongest view of what this new government was founded upon. A man who had been considered a moderate voice, and who sought to remind the South that though the Republicans controlled the White House Congress was controlled by the Democrats, he would be elected to the Confederate Congress before being selected as the first Vice President of the C.S.A. Contending that Thomas Jefferson was wrong in the Declaration of Independence when he wrote “ that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.” he would inform an audience in Savannah, Georgia not even a month later, “Our new government is founded upon exactly the opposite ideas; its foundations are laid, its cornerstone rests, upon the great truth that the negro is not equal to the white man; that slavery, subordination to the superior race, is his natural and normal condition. This, our new government, is the first, in the history of the world, based upon this great physical, philosophical, and moral truth. This truth has been slow in the process of its development, like all other truths in the various departments of science.” Whatever the cause or the case might have been to meet it, to rise to it they took the democratic tradition of the peaceful transition of power that had been a hallmark of the American Republic since the first election and destroyed it. They did so for the sole reason that they did not approve of the results of the election a few months prior. They would not wait and see, they would not seek compromise, they would not give this new President even a moments reprieve, fearing what he might do with his new Executive Power. Instead, they would fire on Federal troops, the would chase vessels carrying supplies to military facilities, but even louder than that they would proclaim they were no longer bound by the Constitution of the United States. By mid April the Confederates would begin their bombardment of Fort Sumter. Three days later President Lincoln would call-up troops in response as the cry for war sounded through the streets of the North and the South. The Civil War, that long and bloodied struggle that would claim the lives of more 650,000 Americans, would be upon us.   

Secession was “a right unknown in the Constitution”, one that, without doubt or question, would ultimately lead to “anarchy and war”, at least that would be what James G. Taliaferro, Delegate to the Louisiana Secessionist Convention, would argue as the state debated its place in the Union. Only 58 years earlier the territory had been purchased from the French at 3 cents per acre, but the US ban on the African slave trade and importation had created prosperity and it flourished. By 1840, only 28 years since it had been admitted as a full state, its premier city, New Orleans had grown to one of the largest and wealthiest in the country. Even as the population of the Bayou state grew to almost three quarters of a million, they knew that everything relied on the 47 to 48 percent of the population that lived in the bonds of that brutal and bitter subjugation known by that simple word: Slavery. They could not and would not abide under a President that would rip from them what they considered their property, and, in turn, destroy their prosperity. To many of them he wasn’t even their President. How could he be when he wasn’t even on the ballot in the state? He would not then be allowed to destroy their way of life. Action needed to be taken. On January 26th, 1861 it was by a vote of 113 to 17 as the Secessionist Convention made its intentions clear. The cannons would fire and the masses would gather an cheer as fireworks were set off and a sense of jubilation filled the people of the state, as if a burden was lifted from them. Louisiana would become the 6th State to leave the Union, joining with South Carolina, Florida, Alabama, Mississippi, and Georgia in open defiance, declaring: We, the people of the State of Louisiana, in convention assembled, do declare and ordain, and it is hereby declared and ordained, That the ordinance passed by us in convention on the 22d day of November, in the year eighteen hundred and eleven, whereby the Constitution of the United States of America and the amendments of the said Constitution were adopted, and all laws and ordinances by which the State of Louisiana became a member of the Federal Union, be, and the same are hereby, repealed and abrogated; and that the union now subsisting between Louisiana and other States under the name of "The United States of America" is hereby dissolved. The truth was that Thomas Overton Moore perhaps had little intention of abiding by the results of the election if his side lost. Even as he was sworn in as the State’s 16th Governor in January of 1860, he declared, “At the North, a widespread sympathy with felons has deepened the distrust in the permanent Federal Government, and awakened sentiments favorable to a separation of states.” His view was that, “So bitter is this hostility felt toward slavery, which these fifteen states regard as a great social and political blessing, that it exhibits itself in legislation for the avowed purpose of destroying the rights of slaveholders guaranteed by the Constitution and protected by the Acts of Congress. Popular addresses, Legislative resolutions, Executive communications, the press and the pulpit, all inculcate hatred against us and war upon the institution of slavery – an institution interwoven with the very element of our existence.” When James Buchannan’s Vice President, John C. Breckinridge lost the general election, Moore would order the State Militia up. It would escalate the situation even before the convention met as he issued orders for them to seize all US Military posts within the state in the hopes of chasing the Federal Authority from their soil. Yet it would be short lived. Union blockades would block commerce and trade in what was the third largest port in the United States, and the almost 700,000 tons of import that would travel through New Orleans would trickle to a halt, even as the drums of war would replace the sounds of jubilation. By 1862 the government would abandon Baton Rouge even as the Union Army under General Benjamin Butler pushed forward to occupy New Orleans. The child of the Mississippi, the state would find that it had no friend in it as the Union Army pushed up it to take the state, battle by battle. By 1865, as the Confederacy collapsed, whatever prosperity once flowed through the state had long since evaporated as it was brought back into the Union, the resistance of many of its people long since broken.

Watching the protesters take to the street it is hard to ignore the defiant shouts of "Not My President" or the signs that claim "Illegitimate President." Since November there have been any number of people who have been horrified by the election results, and have found themselves trying to figure out a way to keep him from moving forward with his agenda. Having tried to move the Electoral College to support another candidate and failing the focus of some have turned to other methods. Among these methods, is the call to Impeach Trump. Even before he was sworn in, and less than a day after, people advocated using Article II, Section Four of the Constitution to remove President Trump from office. Yet no cause can be shown as to why except that they do not like him. They do not like his agenda, and they do not agree with his platform, he has made appointments to Cabinet they don't like and spoke and acted in ways they don't like. At it's heart is a call to essentially politicize the impeachment process and make it into nothing more than a partisan weapon that can be wielded whenever one does not like an election result. In this full length episode Wyatt talks about the dangers of pushing for impeachment before it is time and before it is right, the dangers of rushing the process. He goes through what the Founders intended and what impeachment really means as a part of the path to removing a President from Office. Join him for another journey into politics and the Constitution.

The lines were being drawn. Abraham Lincoln had been elected the 16th President of the United States. Whatever concessions, whatever favor the South might have found under the Administration of James Buchanan, they knew it was quickly drawing to a close as the March Inauguration of the Republican from Illinois fast approached. South Carolina, Mississippi, Florida and Alabama had already seceded from the Union. They would not suffer a man who would deprive them of their slaves. To them slavery was more than an economic institution, though their prosperity could not long stand without it, it was a moral one as well. Yet these four states that had since left were not the only states that relied on brutal subjugation for financial security and stability and soon, they knew other states would join their cause. On January 19th, 1861 Georgia would be the fifth state to hear that call, declaring, “that the union now existing between the State of Georgia and other States under the name of the United States of America is hereby dissolved, and that the State of Georgia is in full possession and exercise of all those rights of sovereignty which belong and appertain to a free and independent State.” They knew who the enemy was, Abraham Lincoln, and the Republican Party. “We know their treachery; we know the shallow pretenses under which they daily disregard its plainest obligations. If we submit to them it will be our fault and not theirs…” they would declare in their Declaration of Cause. The truth was that it was no surprise. The 39 year old Governor Joseph Brown, who would serve as the state’s chief magistrate during the entirety of the Civil War, would see the writing on the wall almost as soon as the 1860 Election drew to a close. “Submission to the administration of Mr. Lincoln will result in the final abolition of slavery. If we fail to resist now, we will never again have the strength to resist…” he would reflect in an open letter. Had it been up to him and him alone Georgia would have likely left the Union first as he became a leading advocate for secession. Yet, even as he and others pushed for open defiance and separation from the Union, they believed it was not only their right but that they would be able to do so peaceably, with little resistance, writing, “The President in his late message, while he denies our Constitutional right to secede, admits that the General Government has no Constitutional right to coerce us back into the Union, if we do secede. Secession is not likely, therefore, to involve us in war. Submission may. When the other States around us secede, if we remain in the Union, thousands of our people will leave the State, and it is feared that the standard of revolution and rebellion may be raised among us, which would at once involve us in civil war among ourselves. If we must fight, in the name of all that is sacred, let us fight our common enemy, and not fight each other.” Yet even as fourth State admitted into the Union prepared to become the fifth to leave it, the hopes of a peaceful separation were quickly evaporating as tensions quickly escalated and shots were being fired before war was even declared. Not all of Georgia was convinced though. Much of the Northern portion of the State, which bordered North Carolina, and the ever-divided Tennessee, found themselves opposed to leaving the Union. 5,000 from the State would leave their homes to fight for the Union, knowing perhaps that if the war was lost, they would not have a home to return to. Rabun County in the North East portion of the state, refused to declare loyalty to the Confederacy, operating as if they had never left the Union. In Fannin County Confederate guerillas would line up and execute Georgians they caught trying to enlist in the Union Army. It was not the only tragedy pro-Union factions in Georgia would face as they were brutally cut down, slaughtered for their loyalty to the Government and the Constitution that their state had helped to form only a few generations prior. In the end one had to wonder if Georgia and Governor Brown began to feel as they traded one master for another. Even as they found themselves in the ranks of the Confederacy, the dream was, in his mind, greater than the reality. He would find himself often in open conflict with the new Federal Government and President Jefferson Davis. Even as he brought his state in the looser confederation he couldn’t help but feel as if his state’s rights were being violated by conscription, impressment of goods and by the taking of Georgia soldiers out of the state. It wouldn’t matter anyways. The state that was largely left to be until 1863 wood soon come into the sights of Major General William Tecumseh Sherman. His Atlanta Campaign and March to the Sea was about to unleash hell on the state in a scorched earth campaign that would bring the state to its knees.

It had only been four years since Brigadier-General Daniel Morgan had been returned in an exchange, having been taken prisoner by the British following defeat at the Battle of Quebec. Ever defiant, the man who once took a bullet to the back of the neck, knocking out teeth, and had received 499 lashes from a British whip for knocking out a British Lieutenant who struck him with the flat end of his sword, bragging they still owed him one more, he had surrendered his sword to a French-Canadian Priest rather than offer it to the Colony’s Governor, General Guy Carleton. Even as his 500 handpicked riflemen had help secure victory at the Battle of Saratoga, it was clear to General Washington that the trade had paid off. Now, he and his troops had been sent South to assist General Nathanael Greene in his under gunned and under manned efforts in South Carolina. Greene’s plans were simple, he would use the highly-trained riflemen in guerilla warfare, knowing that though they were outnumbered they could plunge a knife in the heart of the British with the right tactics. In response, Lord Cornwallis would unleash the fury of the Green Dragoon, Bloody Ban Tarleton, in an attempt to counter. It would be in that effort that on January 17th, 1781 Colonel Tarleton would form his line, having chased Morgan through the hills and fields of South Carolina, to strike at Cowpens. Yet Morgan not only counted on that, he had hoped for it, knowing the British officer’s tendency to strike first and strike hard. Knowing how notoriously unreliable the militia was, how it would abandon a battle at the first sign of hardship, he set his troops in two separate position that made fleeing the battle impossible if the army was routed. This would not be another Battle of Camden, and though his regulars were better trained, with better, more accurate weaponry than muskets, they would be soon cut down without support. Even as Tarleton hit there would be no place to go if they let him push too hard and too far, it would be fight and win, or die. They were to fire twice, and flee quickly behind the regulars who were harder and more determined in battle. Yet, the truth was that these were not ordinary Militia. Many of them were battle hardened at Kings Mountain. They had faced the British Bayonets and had survived to take the day. In the hills sharpshooters would be positioned under the command of Major John Cunningham of Georgia and Colonel Joseph McDowell of North Carolina. The British hadn’t counted on it and even as they pushed forward, moving into first strike position they would play right into Morgan’s hands. As the British advanced Morgan would repeat the famous line, "Don't fire until you see the whites of their eyes!" The soldiers would cheer as the British charged, and charged again amidst the rising fog of musket fire and the clashing thunder of the hooves shook the ground. “They give us the British Hallo, boys. Give them the Indian Hallo, by God!” Morgan would cry out to his troops. They would push back even as the British ordered the second charge. This would force the Continental Army back from their position, and play into the arrogance of Colonel Tarleton. For him the battle was won, he just needed to take to the field and pluck it from the smoke and the ashes. He would order a general charge. It would be a mistake. As the British moved forward with their full force, Colonel William Washington would lead his Calvary down from the right as the militia pushed forward from the left as they quickly overwhelmed the Bloody Ban’s forces. It wouldn’t be bad enough for the British that Morgan had roundly defeated them, but by capturing the majority of the British Forces, 700 to 900 troops in all, he took from Lord Cornwallis some of his best and bravest, some of England’s best trained, and most experienced troops now marched off as prisoners of war. Even as Colonel Washington charged Tarleton would barely escape capture as his horse was shot out from under him when one of the surgeons from 71st Highlanders would give him his own.  Morgan would leave the Wizard Owl, Colonel Andrew Pickens to tend to the wounded, bury the dead and care for the prisoners under a white flag as he quickly fled with his troops to North Carolina, knowing Cornwallis would soon be coming for him and the troops he claimed. It wouldn’t matter. South Carolina had reached the edge and Cowpens had pushed it over. The end was coming for the British as General Greene prepared now to take back the state. It was only now a matter of time. It would be the beginning of the end of the British engagement in South Carolina.  

Until this point, the states that seceded from the Union had been perhaps more diplomatic when it came to their Ordinances of Secession, passing sweeping statements rather than commentaries on the current political climate or tensions that had arose with the election of 1860. Though the undertones were there, the closest mention even to slavery was the term “Property” used two days prior when Mississippi declared its own intention to withdraw from the United States. Then, on January 11th, 1861 Alabama became the fourth State to declare itself free of the Constitution and the authority of the Federal Government in Washington D.C.. The language was plain, and without any pretexts, as it declared: Whereas, the election of Abraham Lincoln and Hannibal Hamlin to the offices of president and vice-president of the United States of America, by a sectional party, avowedly hostile to the domestic institutions and to the peace and security of the people of the State of Alabama, preceded by many and dangerous infractions of the constitution of the United States by many of the States and people of the Northern section, is a political wrong of so insulting and menacing a character as to justify the people of the State of Alabama in the adoption of prompt and decided measures for their future peace and security… In their mind Abraham Lincoln would never be their President, nor would they recognize the authority of a regional Northern Government under Lincoln and Maine Senator turned Vice President-Elect Hannibal Hamlin. They would not respect that authority, nor would they abide by the peaceful transition of power that had been a hallmark of the American republican democracy since the nations inception. No, this election challenged the institution on which the economy of the State of Alabama was built on. Of the over 964,000 people who resided in the state, just over 435,000 were slaves. It drove the prosperity of the state, and to the slaveholding population of the state, it was not just an economic institution, but as the newspapers in the state would also declare, a religious one as well. The truth was there was little question that Alabama would leave the Union. In February of the year prior the State Legislature had passed legislation requiring the state to elect delegates to a secessionist convention if a “Black Republican” were to win the Presidency. In December those elections were called by Governor Andrew Moore, and the convention was set for January 7th. Moore though had already begun to make moves before the Secessionist Convention even met. Anticipating the state’s desire to leave, he would order troops to seize Fort Gaines and Fort Morgan on Mobile Bay as well as the Arsenal at Mount Vernon as early as the 3rd and the 4th of January. Under his orders 500 Alabama Troops marched to Florida to assist Governor Madison Perry take the Fort at Pensacola, even as the fellow slaveholding state prepared to leave the Union. Not only did they declare that they wished to meet with other slave states to form a new confederacy, but they also acted on it, taking hardline steps to not only chase the Union from their state, to decrease their financial reliance on the North and ensure their own stability during this unstable time, but also to assist their neighbors in this cause. Even as the fourth of the original six founding states of the Confederate States of America severed its bonds in open defiance to the United States, it wouldn’t be long before the new rebel nation would be formed. Though Richmond would eventually become the Capital, in those early days Montgomery would serve as the first capital of the CSA. Moore would be an influential player, tirelessly working to ensure the election of Jefferson Davis as the first President. Though some would argue for cooler heads to prevail, and for compromise to be struck, it was too late, and Alabama, swayed too heavily by the cause of slavery would not hear it. Still, at least some would remain loyal to the Union, with the 1st Alabama Calvary choosing to place first the United States, over its loyalty to that of its state. It would be at least one sign of the depth of the divide in the nation that would pit brother against brother and neighbor against neighbor as the blood of its people stained the soil, and the soul, of the nation.

One of the original Thirteen Colonies, South Carolina had signed the Declaration of Independence and was the 8th State to ratify the Constitution on May 23rd, 1788. Mississippi had been a state for now over 40 years. It was reaching the point where only the older generation remembered when it was an open territory against the vast western frontier. Though not as young as Oregon or Minnesota or California, Florida, on the other hand, had only been a state for 15 years, only just over half a year older than Texas. It was entirely possible that there had been many in the state who remembered what it was like before the Florida Purchase Treaty ceded the Spanish territory to the US in 1822, combining East and West Florida into the Florida Territory. Yet on January 10th, 1861, Florida would become the third state to secede from the Union. Once declared a “Free and Independent State” in its Constitution, it was now ready to declare itself an “Sovereign and Independent Nation” in an open convention that agreed by a vote of sixty-two to seven to leave the “the Confederacy of States existing under the name of the United States of America”. Even before Florida seceded, Governor Madison Perry foresaw the possibility of withdrawal as a potential option, and even perhaps an inevitable necessity. A small state in terms of population, the economy was reliant on slavery as a cheap source of labor to ensure its prosperity. Though the issue of slavery, or, as the Mississippi Ordinance of Secession passed the day prior referred to it, property never arose in the third state’s own declaration, it had to be a prevalent thought in the minds of all voting Floridians. Of the just over 140,000 people who lived in the state, almost 62,000 of them were slaves.  If the system were to be challenged, or changed then the economy would collapse. Three wars with the Seminoles Indians had already been fought, at least in part, because they provided sanctuary and safety to runaway slaves. Perry encouraged the state to reinstate the militia even as it was being dissolved in 1858. Yet, prone to drunkenness, claiming to be on patrol when they were at home working their fields, the militia had lost the trust of the people. Still, Perry was right, and following the vote for secession, he demanded the complete evacuation of all Federal Government Troops from Florida soil. When the Confederacy would be formed Florida would be one of the Original 6 founding states. Texas would be admitted before fighting would break out in the South, while the remaining 4 states would join after. Far to the South, it would not see much fighting nor many battles before the end of the War, and Tallahassee would be the only Southern Capital that had not been captured by the Union Army before the end of the War. Yet, even as the dreams of the Confederacy died, Governor John Milton, the successor to Governor Perry, would declare he would rather die than live under the flag of the Union and what he would call the odious character of the Yankee. With the end of the war just over a month away, and the weight of everything bearing down on him he would shoot himself in the head. Regardless, the nation was lining up and the lines were being drawn as the nation prepared to answer, with force, the question they struggled and failed to answer with their pens over the course of the past 84 years. War was coming and it would be the bloodiest ever faced by America as brother quickly turned against brother in the great conflict.

Only a few weeks prior, on December 20th, 1860, South Carolina seceded from the Union, becoming the first state to leave. Even before then tension had been building with the election of Abraham Lincoln as president. With roughly 40% of the popular vote but almost 60% of the Electoral College, there was little doubt that he would be sworn in as the 16th President of the United States. It was a prospect that many in the South refused to live with. To them the Constitution created a voluntary union rather than a binding one, and they had the right to peaceably leave at any point. On January 9th, 1861, almost two months before the Inauguration of the President-Elect, Mississippi, the 20th state to be admitted into the Union, became the second state to exercise what they believed to be their right. Congressman Lucius Lamar would draft, “An ordinance to dissolve the union between the State of Mississippi and other States united with her under the compact entitled "The Constitution of the United States of America’”, outlining not only its desire to secede, but to form a new confederacy with other states that would chose also to separate. In their declaration and justification of secession, they would argue, “Utter subjugation awaits us in the Union, if we should consent longer to remain in it. It is not a matter of choice, but of necessity. We must either submit to degradation, and to the loss of property worth four billions of money, or we must secede from the Union framed by our fathers, to secure this as well as every other species of property. For far less cause than this, our fathers separated from the Crown of England. Our decision is made. We follow their footsteps. We embrace the alternative of separation; and for the reasons here stated, we resolve to maintain our rights with the full consciousness of the justice of our course, and the undoubting belief of our ability to maintain it.” Slavery would be maintained. Joining with South Carolina, they would remain firm in their assertion that these African-Americans were their property, and that the economic value of slavery outweighed the benefit of the 84-year-old nation, forged together under the Constitution just over 70 years prior. Yet the hopes of a peaceful separation was perhaps quickly fading. What Mississippi Governor John Pettus, who campaigned on secession and the formation of a southern confederacy to preserve slavery, and other secessionists in his state didn’t know was that to the East, on that same day, the civilian steamship the Star of the West sailed for Charleston Harbor. It was loaded with supplies for the garrison stationed at Fort Sumter under the command of Major Robert Anderson, the man who in a few short months would, to the Union, become the hero of that first battle of the Civil War and promoted to Brigadier-General. It wouldn’t reach its destination nor fulfill that contract for the US Government. Major Peter Stevens, Superintendent of the Citadel, had received orders from South Carolina’s Governor Francis Pekins, to take cadets and man the strategic battery on Morris Island. If they were to see a vessel flying an American flag they were to fire. Three shots would hit the Spirit of the West, forcing the ships Captain, John McGowan, to turn and sail back to New York. Though open hostilities would not begin until April, the first shots of the Civil War had been fired as South Carolina openly defied the authority and the jurisdiction of the Union Government. Three days later Pekins would demand that the US Government surrender Fort Sumter and remove its troops from South Carolina soil, now, in the minds of the residents of that state, free of the ties that bound it to the United States. Of course it would remain in US possession until the first battle of the Civil War would be fought, almost exactly three months after his demands were made. Mississippi, South Carolina, and the states of the Confederacy would eventually, after the long and bloodied war between the states, be brought back into the Union. Pickens, once so proud and defiant, would make the motion to repeal the South Carolina Ordinance of Secession. Lucius Lamar would receive a Presidential Pardon, and serve as the first Democrat elected to the House of Representatives after the Civil War, before election to the Senate, and appointment to Cabinet as Secretary of the Interior and, finally, the Supreme Court. The Star of the West, on the other hand, would meet an untimely fate. After being commissioned in by the Department of War, it would end up trading hands between the Union and the Confederacy, before being sunk in 1863. In the end it became just another bill for the United States to pay for its history of ignoring the issue of slavery, though, in this case, one that it could pay with a simple check to the US Mail Steamship Company. Other prices would be less monetary but much higher, taking longer to pay.

By September of 1780 the plans of the brilliant commander Major-General Benedict Arnold to surrender West Point, New York to the British had been exposed. Heavily indebted, having spent the majority of his fortune on the War Effort, injured in battle, with his shattered leg set so crudely it was then two inches shorter than the other, forcing him to walk with a cane, and watching as others took credit for his victories and successes, investigated by the Continental Congress for corruption, court-marshalled, and passed up for promotion, he had lost faith in the colonial cause of independence. Fleeing to the British, he would receive a commission as a Brigadier-General and orders from General Sir Henry Clinton, Commander-in-Chief of North America: bring Virginia back into the Imperial Fold. The January 5th, 1781 Raid on Richmond was not necessarily a surprise. Even as Arnold sailed his 1,600 Green Coats up the James River, destroying plantations, and laying waste to the towns along the route to Westover, he had his eye on the state capital 25 miles away. It was only a matter of time before he arrived at the heart of the defiant southern colony that was home not only to the author of the Declaration of Independence, but also the Commander-in-Chief of the Continental Army, and take its premier city. Yet Governor Thomas Jefferson, he couldn’t raise the men necessary to defend the city, most of whom had believed that they had done their service to the cause of independence already. Only 200 militia men would take up arms to defend their homes against the force of a regular army comprised of infantry, dragoon and artillery that outnumbered them 8 to 1. Outgunned and outflanked, they didn't stand a chance, especially against the more experienced British Commanders such as Lieutenant Colonel John Dundas of the Edinburg Regiment and Lieutenant Colonel John Graves Simcoe of the Queen’s Rangers. Even as Arnold quickly approached Richmond the only answer Jefferson could manage was to move the capital to Williamsburg, a stronger strategic location to defend, and the cities supplies to a foundry just outside of Richmond. Still, he remained, at least initially, for the defense of the city. But as the small militia, under the command of Colonel John Nicholas, stationed on Richmond Hill near the St. John’s Church, that place where Patrick Henry only a few years prior gave his famous ‘Give Me Liberty or Give Me Death ‘ address, broke after barely a volley of musket fire, Simcoe pursued, and the American Calvary, watching from a not so distant position fled. Jefferson knew the city was lost. He would order the immediate evacuation, ensuring the removal of any military supplies as well as the families of government officials before fleeing the city himself. By noon Arnold marched the streets of Richmond the conquering hero of the campaign but it wouldn’t be enough. Finding the supplies had been moved by Jefferson, he would dispatch a messenger to the Governor. The request would be simple, load the cities supplies on the British Ships and the city would remained unscathed. Perhaps, had it been anyone else commanding the British Forces, Jefferson might have been more open to the request, but to turn the cities stores over to the treacherous Arnold, the man who plotted the surrender of West Point, the man who betrayed the cause of Independence and turned his back on liberty, was a disgusting prospect that wouldn’t be even considered. When his response reached Arnold the next day, the Brigadier General was livid. He would ransack the city, burning houses, destroying government papers, and laying waste to buildings. Word would soon spread of the ransacking of Richmond, and Jefferson would ask for the help of Colonel Sampson Matthews and the Virginia Militia to put Arnold on the defensive even as General Washington dispatched the Marquis de Lafayette to route the British and capture the traitor turned British Commander and summarily execute him. Matthews would put Arnold on the defensive even as Lafayette would arrive with reinforcements in time to prevent the second raid on Richmond. Though Arnold would escape and be hailed as a hero by the British for what would be his most successful campaign for their cause, the long-term effects hoped for by the English was not felt. They had hoped that Arnold’s exploits would rally Loyalists to rise up and force Virginia and then the South back into the fold. It did not. Though it increased the British ranks with former slaves who now enlisted in exchange for their freedom, the land campaign of the Revolutionary War would be over before the year ended with the Siege of Yorktown, Virginia, and America would secure its sovereignty as a free and independent nation, with Arnold sent into exile, settling first in the British Colony of Saint John, New Brunswick in present day Canada and then London. He would die penniless, and would be buried in his Continental Army Uniform at St. Mary's in Middlesex in the city of London.

As Lord Charles Cornwallis confidently marched his 9,000 troops towards Trenton he believed that he had him. He would overwhelm the exhausted Continental Army 5,000 troops strong, and push them back. Even as he ordered his soldiers back for the evening he would arrogantly proclaim, “We've got the old fox safe now. We'll go over and bag him in the morning.” He would capture General Washington and deliver a deathblow to the colonial rebellion that had dared to proclaim its independence from the Empire not even half a year prior.  Yes, he knew that the crafty American General would be too wise to face a force of regulars that outnumbered his forces almost 2 to 1, especially worn and weary from battle, and would more than likely seek to flee. Yet General Cornwallis would not be denied his victory or that swift end to hostilities. He would send soldiers to guard the Delaware, believing that Washington would once more cross where he had initially launched his winter campaign on the evening of the 25th/morning of the 26th. Yet the 44-year-old Virginian would not be so easily caught, and he had grander designs. Leaving the tents up and the campfires burning he muffled the sound of the wheels of the wagons, and took his troops North to Princeton where the odds were more in his favor. Running behind schedule on January 3rd, 1777, Washington had planned to attack the garrison under the command of Lieutenant Colonel Charles Mawhood before dawn. Yet the city remained in the distance even as the sun broke. It wouldn’t be long before Lord Cornwallis charged on his camp to find it empty. Once he had, and not having received word that the Colonials marched in retreat at the Delaware he might begin to put two and two together. To prevent, or at least hinder Cornwallis from following, Washington would order Brigadier-General Hugh Mercer to take 350 men to destroy the bridge over the Stoney Brook stream. Had Washington remained on schedule they would have met little to no resistance as Cornwallis had ordered Mawhood’s troops to Trenton to meet him. But they would spot the American Forces. Knowing time was limited and that the British would charge on their position, Washington would order Mercer to confront the force before it had the chance to attack the main army. It would be on that field that the man who fled to America a fugitive from his home in Scotland after having served in the army of Bonnie Prince Charlie, the veteran of the Battle of Culloden, would fall, stabbed repetitively by bayonets by the British soldiers who surrounded him for refusing to surrender. Nine days later, despite the care received by Dr. Benjamin Rush, he would die. Still, it would not be enough, nor would the inexperience of the roughly 1,000 Pennsylvania troops under General John Cadwalader. “Parade with us my brave fellows! There is but a handful of the enemy and we shall have them directly!" Washington would cry out as a small band of fresh troops from Rhode Island arrived under the command of Colonel Daniel Hitchcock. It would be the last battle of the brave commander of the 2nd Rhode Island Regiment who had led his troops since the Siege of Boston in 1775.  Within ten days he would be dead of tuberculous. Mawhood would still try. Moving out of the range of the American artillery they would attempt to break the American line. Lieutenant Colonel John Fitzgerald, the Irish Catholic who served as Washington’s Secretary, would cover his eyes with his hat, sure that as the smoke of battle overtook them, that General Washington had fallen. He could not bear to see it if he had. Yet as it settled, there Washington sat atop his horse, unscathed, unflinching in the face of fire or the threat of death. The Continental Army would force the British from the field. Some would flee, others would retreat, while others yet would take refuge in Nassau Hall, what is now considered the oldest building at Princeton University, at that point though only 20 years old and the largest academic building in the Colonies. The Americans would push. Alexander Hamilton would set up the artillery and fire on the hall as the troops charged, forcing the British surrender. Washington would order the pursuit of fleeing soldiers. There wouldn’t even be enough time to save the Artillery as the Militia pursued. Even the Dragoons ordered to buy the British time to flee were pushed back. Despite claims by Loyalist Papers that greatly exaggerated the Revolutionary losses, Washington would report 31 to 37 dead on the field, while British Commander William Howe would report almost 20 dead, 58 wounded and 200 captured, though the numbers were more than likely higher, with some putting the British deaths at 375. General Henry Knox, a man so trusted by Washington he would serve as the first Secretary of War, and General Nathaniel Greene, who began the Revolution enlisted as a private and quickly rose through the ranks, a gifted strategist, would talk the Commander-in-Chief from attacking New Brunswick, New Jersey. Yet it would mark the end of the New Jersey Winter Campaign that began with the crossing of the Delaware. Howe would abandon the state, the Hessian mercenaries would be forced out, and the Loyalists would be sent into exile.

When the Texas War of Independence ended on April 21st, 1836 there were many in the newly formed Southern Republic that believed it would be openly welcomed into the United States as a part of the Union. Yet, there was more to consider than just territorial expansion. President Andrew Jackson had remained neutral on the issue during the Revolution that begun in his final year in office, believing that Texas wouldn’t be able to stand alone or maintain its independence against the newly formed Centralist Republic of Mexico. As the slavery question raged on he didn’t want to give an issue to the anti-slavery candidates by recognizing the large slaveholding nation that, in his opinion, was doomed to failure. Martin Van Buren, his successor, would recognize Texas as free and independent in 1837 but he was unwilling to welcome a new state that would ultimately shift the equilibrium struck with the 1820 Missouri Compromise, which established the balance of free versus slave states in the Union. At any rate Mexico refused to recognize the legitimacy of the newly seceded nation. To welcome it into the United States would be to welcome hostilities with that southern neighbor, hostilities that could very easily escalate into war. Still, less than a decade after Texas first won its independence, a series of events would occur that would see the Lone Star Republic being welcomed as the 28th State in the Union on December 29th, 1845. When William Henry Harrison was elected President few people perhaps foresaw him dying within 32 days of his inauguration and Vice President John Tyler ascending to the highest office of the land. With 8 men having served before Harrison none had failed to serve the full tenure of the office. Yet as pneumonia made the now 68-year-old Harrison’s Presidency the shortest in history, Tyler had to take the reins. Soon it would begin to crumble. His opponents would refuse to recognize his legitimacy referring to him as the Acting President or as the Vice President, the majority of Cabinet would resign, finding him impossible to work with, he would be expelled from the Whig Party and forced to remain as an independent. The Senate would hold up or reject his cabinet appointments, which had, until that point, been practically unheard of, and by 1842 the House, outraged by his use of a veto on the Tariff Bills the Whigs favored, was seeking to bring articles of impeachment against him, something that had, until that point had been more constitutional theory than anything else. Though it ultimately was tabled, Tyler was dying a slow political death. Yet if there was a path to saving his Presidency Tyler believed it laid through Texas, it could even, in his mind, secure his re-election in 1844. Yet it would not be soon enough and the hopes he had of securing his own mandate faded even as treaties were signed. As he faced tough opposition in the House and Senate, and setbacks, he looked to another path. A Democrat before he joined the Whig Party that saw his election on the Harrison ticket, as he shifted towards the Democratic Party once more, they were not yet willing to welcome him back to the fold, and as James Polk was nominated by the Democrats, Tyler formed his own new Democratic-Republican Party, styled in the form of the late Thomas Jefferson under the slogan “Tyler and Texas”. Ultimately his goal wouldn’t be win, the chances of that had slipped through his grasp. It was to appear as a potential spoiler and to strike a deal with Polk to force him into an annexation position. Polk and Tyler would enter a secret pact at the encouragement of Andrew Jackson, a supporter of annexation, where Tyler encouraged his supporters to back the Democratic nominee having been assured that Polk would push annexation. In the end the Democrats would win the Presidency by a narrow margin, 49.5 to 48.1% in the popular vote, 170 to 101 seats in the Electoral College. Texas would be one of Polk’s first orders of business. Tyler’s legacy would not be safe, despite believing that Texas’ admittance in the Union would vindicate him. For him, the saving grace was that he would go from being considered one of the worst Presidents in history to the obscure. Still, he would perhaps be best remembered not for Texas but for being the only former President to side with the Confederacy during the Civil War, serving not only in the Virginia Secession Convention but the Confederate Congress before his death in 1862.

There was little doubt that the John C. Calhoun who began his career as a Congressman representing the 6th District of South Carolina and who rose to serve as James Monroe’s Secretary of War, was a different man politically than the John C. Calhoun who was overwhelmingly selected to serve as the 7th Vice President of the United States under both John Quincy Adams and his successor Andrew Jackson. A supporter of protective tariffs, he would begin to oppose them and where he once advocated a strong Federal Government, his allegiances began to shift towards State’s Rights, and limited, more restrained authority. It would be this political realignment that would, on December 28th, 1832, lead him to become the first Vice President to resign the Office. The significance of Calhoun leaving the office was not in the fact that he had. Former Senator and Governor of New York turned Secretary of State Martin Van Buren would already be elected to replace Calhoun as Jackson’s Vice President. Increasingly at odds with President Jackson, Calhoun had assured Van Buren’s place as his successor in his attempt to destroy the man’s political career by casting the tie-breaking vote to block him from serving as US Minister to the United Kingdom. As the Nullification Debate raged on, Calhoun was the leader of that ideological movement that believed States had the right to nullify federal laws within their borders. As Senator Robert Y. Haynes had proven ill-equipped to defend South Carolina’s position, especially when faced Massachusetts Senator Daniel Webster in the Senate Debate, he would leave for the Governor’s Office while Calhoun would take over his seat in the Senate. Part of the issue here was that the Supreme Court, under then Chief Justice John Marshall, had already rejected Nullification as early as 1809 in the United States v. Peters, stating, “If the legislatures of the several States may, at will, annul the judgments of the courts of the United States, and destroy the rights acquired under those judgments, the Constitution itself becomes a solemn mockery, and the nation is deprived of the means of enforcing its laws by the instrumentality of its own tribunals. So fatal a result must be deprecated by all, and the people of Pennsylvania, not less than the citizens of every other State, must feel a deep interest in resisting principles so destructive of the union, and in averting consequences so fatal to themselves.” James Madison, one of the Chief Architects of the Constitution would assert that the Federal Courts, not the states, had the power to determine the Constitutionality of a federal law. Still, the Nullification Crisis was a long time coming in the new nation as States and the Federal Government both sought to assert their place and their power within the Republic. Yet despite most of the states challenging the Federal Authority at one point or another, Calhoun and South Carolina would stand alone in 1832 in their disregard of the Tariffs of 1828 and 1832, even though most of the Southern States still reliant on a slave economy had a stake in asserting the ability to invalidate Federal Law. The situation would escalate with South Carolina preparing to assert nullification by force if necessary and President Andrew Jackson ready to respond in kind. Eventually the issue would become moot as a compromise would be reached. Yet, as Andrew Jackson would recognize, the issue would be far from over, stating, “"the tariff was only a pretext, and disunion and southern confederacy the real object. The next pretext will be the negro, or slavery question." Still, until 1973, when Spiro Agnew stepped down, he was the only man to ever resign from the Vice Presidency. Though he would remain in the Senate and serve briefly as Secretary of State, the Presidency that he wanted would remain forever out of his grasp.

When we hear The Battle of New Orleans General Andrew Jackson is perhaps the first person who comes to mind. His name would become immortalized in story and song defending the Southern city that had only become a part of the United States just over a decade prior with the Louisiana Purchase. Yet, in late 1814, it was Daniel Patterson who foresaw the British attack on New Orleans. In the middle of September he lead a force to the Southern Louisiana Base of the notorious Jean Lafitte at Barataria Bay, where, in routing the pirate, he laid claim to his ships, bringing the French-American Pirate to the aid of the American cause. General Jackson wanted Commodore Patterson to sail with his small makeshift fleet to Mobile Bay to engage the British. Patterson would refuse. To engage the vastly superior British navy there would allow for them to bottlenecked. His small fleet at that inlet to the Gulf of Mexico, making them an easy target. Instead he set about laying the defense of New Orleans. By December 12th sixty British ships under the command of Vice Admiral Sir Alexander Cochrane, Commander-in-Chief of the North American and Jamaica stations anchored 14,450 soldiers and sailors in the Gulf of Mexico. The British would begin their move on New Orleans. It would be Commodore Patterson’s defense that would delay the British. With a small, rag-tag band of ships that were no match for the power of the British fleet now in the Gulf he would push back, in the hopes that the reinforcements would soon arrive. It would save the city from being overrun by the British. Still, on December 27th, 1814 the USS Carolina, a schooner launched only 2 years prior from Charleston, South Carolina, would take heated shots from the British in an effort by the Royal Navy to destroy the resistance of the American force. The crew would be forced from her as she caught fire, and eventually exploded. It would be the last ship in Patterson’s little fleet that had caused the British so many difficulties in trying to lay claim to New Orleans. Yet if they thought that the destruction of the Carolina would have opened the door wide for an invasion of the city they would be sorely mistaken. Despite losing the last of his fleet that day Patterson had largely been effective in what he set out to do. He bought the time that the Americans needed for reinforcements to arrive. At the defense of the city, Patterson, a naval officer now with no ships any longer, would find his place offering artillery support to his compatriots, once more contributing to the decisive American victory that would push the British from Louisiana. Praised by Jackson, had it not been for Patterson, there would have been a distinct possibility that New Orleans would have fallen. What that would have meant is perhaps a mystery as the Treaty of Ghent had already been signed to end the War but was yet to be ratified by the US government. Regardless, for his efforts Patterson would go on to be promoted to Captain and would serve in the Mediterranean Squadron in command of the USS Constitution, the flagship of Commodore John Rodger’s Fleet. He would continue to serve in the Navy until his death in 1839 at 53.

A new short segment I am hoping to begin for Fragile Freedom called A Moment in our History. ----- Having been for so many of those defining moments of the new nation, a constant guide, sacrificing tirelessly of himself as a member of the First and Second Continental Congress, Commander-in-Chief of the Continental Army, delegate and president of the Constitutional Convention, the first President of these United States, there perhaps had to be a thought by many that even as George Washington retired, even as he once more removed himself public life he would always be there, ready to return when the struggling nation needed him, much like he had when the Articles of Confederation did not prove enough for the Republic. Yet within two years of leaving the Presidency he was gone. At dawn on December 26th, 1799 sixteen cannons would begin their bursts in Philadelphia, the national capital. They would volley every half an hour after as the Republic laid this giant of a man to rest. At noon soldiers began firing minute guns, they would continue for an hour. A mounted Trumpeter led the processional as two Marines wearing black scarves would escort an empty casket drawn by a horse with no rider. Two troops of horses would carry flags of mourning as they, with senior officers of the Infantry, Calvary and Artillery would follow. There had been a simpler funeral, one perhaps more reflective of Washington’s humbler nature, at his beloved Mount Vernon on the 18th of December. Here his body was laid to its final rest. But now the nation, that nation he gave so much of himself to, that nation that he had dedicated so much of his life in service to, needed to mourn the loss of its greatest hero, taken at 67 years of age.  The bells tolled and the guns fired as fifes, wind instruments and muffled drums haunted the “Solemn and August Pageantry” with George Fredrick Handel’s Dead March. Only the second national funeral the nation had held the Casket was taken from Legislative Hall to the German Church, Zion Lutheran, the largest place of worship in the city, where Episcopal Bishop William White, once the Chaplain of the Continental Congress, presided. So revered was General George Washington that, when word of his December 14th death reached the British the colors of the Royal Navy were lowered to half-mast. In France a ten day requiem was ordered by Napoleon to mourn the death of this great man. In a Eulogy Commissioned by Congress and delivered on that grim 26th, Henry Lee III, Light-Horse Harry Lee, former Governor of Virginia, and one time member of the Continental Congress, who served closely under Washington during the War and was present at the surrender of Lord Cornwallis, a man counted as a dear, personal friend and protégé of General Washington, would reflect, “To the memory of the Man, first in war, first in peace, and first in the hearts of his countrymen, he was second to none in the humble and endearing scenes of private life. Pious, just, humane, temperate and sincere—uniform, dignified and commanding—his example was as edifying to all around him as were the effects of that example lasting.”

We have heard a great deal about Fake News as of recent. After this recent Presidential Election there have even been calls for Congress and the government to do something about it. Legislation needs to be passed or we need laws. After the Planned Parenthood shootings and what happened in a small pizza parlor recently it isn't hard to see why people believe that. Yet our Founders put the clearly in the First Amendment that no law would should be enacted that would abridge Freedom of Speech or Freedom of the Press. Surely though, in light of these events, exceptions can be made. In this Episode of Fragile Freedom Wyatt talks about Freedom of Speech and Freedom of the Press and why it is so significant. This isn't just an abstract idea or an abstract thought, but comes down to our very nature and our ability to express ourselves, to think for ourselves, to be ourselves. Time and time again the Supreme Court has upheld Freedom of Speech, and overturned restraints on prior speech because they believed that our liberty was at stake. The reason why, as soon as one can control your speech they control your ability to think and the worst encroachments on liberty happen then. Join Wyatt for this new episode as he continues his defense of our First Amendment right to Free Speech in this episode of Fragile Freedom and arm yourself better for your debates on the issue.

For over 200 years the flag has been a cherished and revered symbol of America, transcending ideology and political alignment to embody the principles of our Republic. These principles include the great charters of our national, political and individual freedom, among these being the Bill of Rights.  In this episode of Fragile Freedom Wyatt McIntyre talks about the Flag, of it's value and significance and addresses the recent comments by the President-Elect in favor of a flag burning amendment to the Constitution. Talking about the First Amendment, and the freedom of expression that is embodied in it, this is an episode about the significance of not just the Bill of Rights but the importance of protecting rights even when they are used in a way that might offend, or when someone acts or speaks in a way that we hate or fills us with anger. If we are unable to protect liberty and freedom in those instances, after all, then when can we? Take a journey through history and and the Constitution as we discuss your Fragile Freedoms. 

Amidst the calls that we abolish the Electoral College, last week on Fragile Freedom, we talked about the Popular Vote Model, breaking down the system to discuss if it truly was the superior form of electing a President. This week Wyatt is back to talk about the Electoral College itself as he discusses what the Founding Fathers intended and why the system is in place to begin with.  Rejecting the notion that the system of choosing Electors is simply  flawed, archaic system that undermines the principles of democracy, in this episode Wyatt talks about the careful amalgamation of Federal and National systems the Founders intended as they established a system that respected the equality of all states, recognizing them as partners in union even if the population divide sometimes made them uneven partners. In this understanding he takes the time to get to the bottom of the question of whether or not the Framers made a mistake and if it is time to change or if the College is still as necessary today as it has ever been.

Fragile Freedom is back with a new episode.  With the 2016 Election Results in Donald Trump won the Electoral College while losing the Popular Vote to former Secretary of State Hillary Clinton, becoming our 45th President-Elect. Amidst chants of "Not my President" it has created questions about the legitimacy of his presidency in the minds of some. How, after all, can a person be elected President if they do not have a clear majority, or, at the very least, a plurality of the Popular vote. This has lead to renewed calls by many to abandon the Electoral College System and adopt a popular vote model in selecting our President. The point made is that the Electoral College is an archaic and antiquated model created by 18th century Statesman with little to no understanding of 21st century life, and that by rejecting the popular vote we are rejecting the will of people.  In this episode Wyatt McIntyre explores the question of the popular vote and why it might not be as wonderful as some may lead the public to believe. Looking through the example of plurality and run-off elections, he talks about the danger of factions, the possibility of electing a leader with less than a quarter of the vote, legitimizing contentious and divisive parties through artificial majorities and the reasons why the Founding Fathers wanted a better system for us than a pure democracy.   

Matt talks about the importance of exercising our freedom by voting in the November election.

The constant mantra of the 2016 Presidential election is that it's all about the Supreme Court. That's true, but neither major party candidate is fit to select Justices to the Court. What we need in this delicate time in our nation's history is someone who will uphold the Constitution and leave behind a legacy of liberty to the next generation. Matt Cochran talks in today's episode about the consequences of electing Trump or Clinton.

Removing all politics from the discourse and the discussion Matthew Cochran and Wyatt McIntyre take a few moments to reflect on the tragic and terrible events that occurred in Nice this Bastille Day. A day of horror and pain and sadness, our thoughts and prayers go out to the people of Nice and the people of France as we remember that, beyond borders and politics, beyond any petty differences that might divide us we are bound together as brothers and sisters amidst the same human race, an attack that degrades and seeks to destroy the humanity of one people is an attack on the humanity of all people. As such we look not only to the bravery and courage, the strength and the humanity of the French people, we stand with them shoulder to shoulder, heart to heart, in the pain, the suffering and the sorrow of their struggle, and also in the hope and the beauty of their indomitable spirits and souls.  God bless you all and God bless the people of France. 

"Enlightened statesmen will not always be at the helm" James Madison Federalist No. 10   Speaking to Conservative Commentator Bill O'Reilly, Presumptive Republican Nominee and Reality Star Donald Trump stated that former Jeb Bush cannot be trusted when he says that Trump will not uphold or defend the Constitution because Bush himself would not uphold and defend a pledge made to support whomever the GOP nominated for President. Putting aside Trumps own statements that he would not back the same pledge he signed, rescinded his vow to support the Party's nominee, Fragile Freedom co-host Wyatt McIntyre explores the question of whether or not a pledge such as this holds any merit or weight. Does such a pledge bind someone to a candidate regardless of any question of conscience or principle? Does it remain in place regardless of what a candidate might say or do? Is this pledge bind one forever to a candidate they believe will betray the Constitution? It's a question of principle or party in these thoughts from Fragile Freedom. 

Perpetually we are told that the Second Amendment does not, or should not apply because when it was drafted and ratified as a part of the Bill of Rights the most deadly weapon was the Musket. Currently we have considerably more dangerous weapons on the market that can do damage and harm beyond anything the Founding Fathers could have ever imagined and thus we need to disregard the Right to Bear Arms as nothing more than a bygone relic of a bygone era. Disregarding the fact that by 1717 the Puckle Gun, though with inherent design flaws, became the world's first Machine Gun and that in 1780 the Girandoni Air Rifle became the first repeat action rifle, and the gun that Thomas Jefferson equipped Lewis and Clark with in 1805, to argue away the Constitution because of technological advancements is a dangerous road to go down. Any number of advancements have been made since 1791 that were beyond anything the Founding Fathers could have ever dreamed of. The Internet, medical treatments that would replace bloodletting, automobiles. Do we then disregard Freedom of the Press and Freedom of Speech, the Right against Illegal Searches and Seizures when it comes to any technology that was not present in 1791 when the Constitution Convention first met? In these Thoughts from Fragile Freedom Wyatt McIntyre explores that topic and the erosion of our fundamental rights that goes with revising the Bill of Rights with no real thoughts as to the consequences of our actions.