Seneca Falls Convention

“ If a slave cannot confer a benefit upon his master, then no subject can confer a benefit upon his king, and no soldier upon his general; for so long as the man is subject to supreme authority, the form of authority can make no difference. If main force, or the fear of death and torture, can prevent a slave from gaining any title to his master's gratitude, they will also prevent the subjects of a king, or the soldiers of a general from doing so, for the same things may happen to either of these classes of men, though under different names. ”

“ The passive endurance which marked the conduct of the senate under the imperial persecutions seems to bespeak a consciousness of its own guilt towards the state, and it compounded for its monopoly of unquestioned abuses by bowing to the yoke of a jealous and domineering master. We discover in Seneca no reliance on the senate. He never speaks of it as a living guardian of the virtues of Roman society. ”

“ Or, again, he must have supposed that it would be possible to restore the ancient constitution after all the ancient manners had been lost, and that citizens could continue to possess equal rights, or laws remain inviolate, in a state in which he had seen so many thousands of men fighting to decide, not whether they should be slaves or free, but which master they should serve. ”

“ There are many things which are not enforced by any law or process, but which the conventions of society, which are stronger than any law, compel us to observe. There is no law forbidding us to divulge our friend's secrets; there is no law which bids us keep faith even with an enemy; pray what law is there which binds us to stand by what we have promised? There is none. Nevertheless I should remonstrate with one who did not keep a secret, and I should be indignant with one who pledged his word and broke it. "But," he argues, "you are turning a benefit into a loan." ”

“ It has already been shown that the United States have acknowledged the reservations to be the property of the Seneca nation-that they will never claim them nor disturb this nation in their free use and enjoyment, and that they shall remain theirs until they choose to sell them. ”

“ For this reason we need not wonder that princes, kings, and all other protectors of a state, whatever their titles may be, should be loved beyond the circle of their immediate relatives; for since right-thinking men prefer the interests of the state to their own, it follows that he who bears the burden of state affairs must be dearer to them than their own friends. Indeed, the emperor long ago identified himself so thoroughly with the state, that neither of them could be separated without injury to both, because the one requires power, while the other requires a head. ”

“ In resisting it, as applicable to ourselves, we are vindicating the great cause of free government, more important, perhaps, to the world, than the existence of all the United States. Nor in resisting it, do we intend to depart from the safe instrumentality, the system of government we have established with them, requires. In separating from them, we invade no rights—no interest of theirs. We violate, no obligation or duty to them. As separate, independent States in Convention, we made the Constitution of the United States with them ”

“ Such persons assert what has never been investigated as certain facts, consider that to modify their opinion is as dishonourable as to be conquered, believe that institutions which are just flickering out of existence will last for ever, and, thus overturn great States, to the destruction of themselves and all who are connected with them. Living as they do in a fool's paradise, resplendent with unreal and short-lived advantages, they forget that, as soon as they put it out of their power to hear the truth, there is no limit to the misfortunes which they may expect. ”

“ I have had repeated conversations with many of the plain but intelligent farmers with whom business has brought me in contact, and I find the apprehension universal that the friends of convention do not propose it as a peaceful remedy. But in every instance where I had an opportunity to explain and illustrate the right of the state to this exercise of sovereignty—to distinguish between the constitutional resistance of the people to an unconstitutional law and their rebellion against an oppressive law, but one which Congress have the right to pass—I have found the people in favor of convention. ”

“ It is sometimes the people that we ought to fear; or sometimes a body of influential oligarchs in the Senate, if the method of governing the State is such that most of the business is done by that body; and sometimes individuals equipped with power by the people and against the people. It is burdensome to keep the friendship of all such persons; it is enough not to make enemies of them. So the wise man will never provoke the anger of those in power; nay, he will even turn his course, precisely as he would turn from a storm if he were steering a ship. ”

“ They remind us, as one of the men with us later said in the Supreme Court, that all assembled in our “conventions” feel and acknowledge the legal necessity that every power to interfere with individual freedom must be derived by direct grant from the people. And, sitting in those conventions with them, where we all read the Fifth Article they are asked to make, we recognize with certainty that it prescribes that the Congress shall do exactly what the Philadelphia Convention has just done—propose, and nothing more. ”

“ Many circumstances force this admission from them, although it is the one which men are least willing to make: we enjoy a profound and prosperous peace, the power of the law has been openly asserted in the sight of all men, and raised beyond the reach of any violent interference: the form of our government is so happy, as to contain all the essentials of liberty except the power of destroying itself. ”

“ It cannot be known what or how great a benefit is; all that would be really important would be, how indulgently the judge might interpret it. No law defines an ungrateful person, often, indeed, one who repays what he has received is ungrateful, and one who has not returned it is grateful. Even an unpractised judge can give his vote upon some matters; for instance, when the thing to be determined is whether something has or has not been done, when a dispute is terminated by the parties giving written bonds, or when the casting up of accounts decides between the disputants. ”

“ Where men are seldom punished innocence becomes the rule, and is encouraged as a public benefit. If a state thinks itself innocent, it will be innocent: it will be all the more angry with those who corrupt the general simplicity of manners if it sees that they are few in number. Believe me, it is a dangerous thing to show a state how great a majority of bad men it contains.
XXIV. A proposal was once made in the Senate to distinguish slaves from free men by their dress: it was then discovered how dangerous it would be for our slaves to be able to count our numbers. ”

“ It was most probably the extreme views of the Senate at the time against slavery, and their reluctance to recognize it even so far as to permit a foreign claimant, although under the sanction of a treaty, to raise a question before the Board which might involve its existence, that caused the rejection of the convention. Under the impulse of such sentiments, the claims of our fellow-citizens have been postponed if not finally defeated. ”

“ It is certainly true that the State legislatures, by forbearing the appointment of senators, may destroy the national government. But it will not follow that, because they have a power to do this in one instance, they ought to have it in every other. There are cases in which the pernicious tendency of such a power may be far more decisive, without any motive equally cogent with that which must have regulated the conduct of the convention in respect to the formation of the Senate, to recommend their admission into the system. ”

“ A state, in which there were so many tyrants that they would have been enough to form a bodyguard for one, might surely have rested from the struggle; it seemed impossible for men's minds even to conceive hopes of recovering their liberty, nor could they see any room for a remedy for such a mass of evil: for whence could the unhappy state obtain all the Harmodiuses it would need to slay so many tyrants? ”

“ The Union men insisted that their opponents were forced to admit that a state convention could not go counter to the federal Constitution, and yet that these same opponents tried, in a most amusing manner, to justify the incompatible power of a state convention to violate the federal Constitution and bind the citizens of the state to acquiesce in the violation. ”

“ It is certain the change of the men who compose it should not be too frequent, and should be, gradual At the same time, suitable checks should be provided to prevent an abuse of power, and to continue their dependence on their constituents. I think the Convention have most happily extricated themselves from the embarrassment. Although the senators are elected for six years, yet the Senate, as a body composed of the same men, can exist only for two years, without the consent of the states. If the states think proper, one third of that body may, at the end of every second year, be new men. ”

“ When sycophants, jesters, flatterers, and panderers to passions become the recipients of court favor, and control the hand that feeds them, then there is no responsible authority. The very worst government is that of favorites, and that was the government of Rome, when only courtiers could gain the ear of the sovereign, and when it was for their interest to cover up crimes. What must, have been the government when even Seneca accumulated one of the largest fortunes of antiquity as minister? ”

“ Seneca closed the vast circle of his knowledge by learning that a friend in power was a friend lost,—a fact very much worth insisting upon,—while the gray-headed moth that had fluttered through many moth-administrations and had singed his wings more or less in them all, though he now slept nine months out of the twelve, acquired an instinct of self-preservation that kept him to the north side of La Fayette Square, and, after a sufficient habitude of Presidents and Senators, deterred him from hovering between them. ”

“ Have not several gentlemen already demonstrated that the Convention did not exceed their powers? But the Congress have the power of making bad laws, it seems. The Senate, with the President, he informs us, may make a treaty which shall be disadvantageous to us; and that, if they be not good men, it will not be a good Constitution. I shall ask the worthy member only, if the people at large, and they alone, ought to make laws and treaties? Has any man this in contemplation? You cannot exercise the powers of government personally yourselves. You must trust to agents. ”

“ They can scarcely believe that so much clamor could be raised against convention if by it the people are only to do in an aggregate capacity what they all do now individually—that is, assert the law to be unconstitutional and endeavor to devise the best mode of ridding themselves of it. ”

“ It is hardly strange that Seneca should have erred in this way, for compromise was the character of his entire life. He appears to have set before himself the wholly impossible task of being both a genuine philosopher and a statesman under the Caesars. ”

“ Her majesty reminds me of the words of Seneca: 'She is [397] struggling with the storms of Adversity, and rising superior to the frowns of Persecution; this is a spectacle that even the gods themselves may look down upon with envy.'
"I verily believe that bold and energetic measures might set this question at rest for ever, but time lost is lost for ever; and, in my opinion, retribution can only slumber for a short period. I beg and entreat you not to be subdued or deterred by the arrogance of inconsistent power. The nation is insulted, the independence of the country is insulted ”

“ Some have been saved by the very power which was exerted to crush them, and judges who would have condemned a man by law, have refused to condemn him by favour. Yet they did not confer a benefit upon the accused, although they rendered him a service, because we must consider at what the dart was aimed, not what it hits, and a benefit is distinguished from an injury not by its result, but by the spirit in which it was meant. ”

“ But, even apart from the question of precedent, the absurdity of the Senate’s claim to be guardian of the Republic is manifested by the fact that the opposite party in the stasis might more truly represent the theory of the constitution, as the Gracchan party did, than the Senate’s government itself; a broad line separates political opposition, even with the utmost force to back it, from criminal conspiracy against society, and by the passing of this “ultimate decree” the Senate declared itself the author of a revolution. ”

“ This, sir, is my great objection to the Constitution, that there is no true responsibility—and that the preservation of our liberty depends on the single chance of men being virtuous enough to make laws to punish themselves.
In the country from which we are descended, they have real and not imaginary responsibility; for their mal-administration has cost their heads to some of the most saucy geniuses that ever were. The Senate, by making treaties, may destroy your liberty and laws for want of responsibility. ”