LAD: Federalist # 10

1. Why are factions so difficult to eliminate?

Factions are difficult to eliminate because of liberty. Federalist # 10 explains, in much more eloquence, that liberty is like fuel to a faction, making it grow more powerful and zealous. Once a faction is entrenched the document explains that the only thing left to do is control what fuels it ( the cause of the faction, not liberty) or control its effects, and what it produces, harnessing it for the better.

2. If factions cannot be removed then how can they be controlled?

A faction can be controlled if the faction is of a minority, by the republican principle. In other word a popular vote can put down a smaller faction because of the republican principles set out by the Constitution. If the faction is made up of a majority, to defeat it you must use a coexisting passion or ideal that the majority holds in high regard, that is equal to the faction. That must be used as a tool to control the faction to whatever ideal, cause, or passion that they hold in such high regard, to spur them towards the direction needed.

Revolution Article

1. The population taken in the war was astounding to me. I never realized that the colonies only held 2.5 million people, 30,000 of which were killed in the war.
2. I realized that the "battles" at Lexington ton and Concord were bad, but i really never thought about what the British regulars were doing on the way there. i surely never thought that rape and pillaging was going on.
3. I realized that many times the Continental troops were without clothing, such as shoes, and without food. I never realized however that many soldiers were reduced to eating clothes and shoes, and that many were 2/3 naked during different parts of the war.
4. I knew loyalists were despised, but considering they made up 5% of the population i never thought that these were in fact exiled, over 100,000.
5. Thinking about prisoners in the Revolutionary war really never came up in any previous social studies class, but to realized that 47% of all prisoners taken by the British died is amazing. This wasn't even rivaled in the Civil war where at total of 27% died and that was including both sides.
   

LAD/Blog 2: Zenger Trial

Peter Zenger was a born in in Germany. Crossing the Atlantic to New York in 1710, he was apprenticed to a printer and later became a printer and a publisher. During his time at the Weekly Journal he was hired by some of the upper gentry who were discontented with the current governor, William Crosby. Although he himself never took part in writing articles he edited and published them allowing for the blame of the opposition paper to fall on him.
Zenger was charged with "seditious libel" and was put in jail with no communication for 8 months. Upon his trial date it was Andrew Hamilton who was his defense attorney. The charges against him were most controversial because the stories he was printing about Governor Crosby were in fact true. Hamilton was insistent on this in his defense, the only problem was, Judge Lewis Morris was appointed by the governor. Instead Hamilton had to take his approach to the jury. He argued it would not in fact be "libel" if said "libel" was truthful.
The ten minute jury session following the courtroom antics lasted ten minutes before Zenger was acquitted of all charges. This one court decision, even though it was not under the United States government ingrained what would become the first amendment of the Constitution, freedom of speech. This court decision left freedom of speech for all in North America, it even in some ways allowed for the American Revolution to occur. Many of the revolutionary ideas came from newspapers and pamphlets, which may not have been legal if the decision was made in the other direction. It almost guaranteed that the United States would not be the same without this decision.
4. What is the lasting significance of his trial? Explain.

LAD/Blog 1: "Mayflower Compact and Fundemental Orders of Connecticut"

We whose names are underwritten, the loyal subjects of our dread Sovereign Lord King James, by the Grace of God of Great Britain, France and Ireland, King, Defender of the Faith, etc.

Having undertaken, for the Glory of God and advancement of the Christian Faith and Honour of our King and Country, a Voyage to plant the First Colony in the Northern Parts of Virginia, do by these presents solemnly and mutually in the presence of God and one of another, Covenant and Combine ourselves together into a Civil Body Politic, for our better ordering and preservation and furtherance of the ends aforesaid; and by virtue hereof to enact, constitute and frame such just and equal Laws, Ordinances, Acts, Constitutions and Offices, from time to time, as shall be thought most meet and convenient for the general good of the Colony, unto which we promise all due submission and obedience. In witness whereof we have hereunder subscribed our names at Cape Cod, the 11th of November, in the year of the reign of our Sovereign Lord King James, of England, France and Ireland the eighteenth, and of Scotland the fifty-fourth. Anno Domini 1620.

Source: William Bradford, Of Plymouth Plantation, 1620-1647 (Samuel Eliot Morison, ed., 1952), 75-76.

I thought that the "Mayflower Compact" it was kind of vague. It seems as though it was thrown together in 20 minutes, 5 if it had not been written so eloquently. For the majority of the travelers seeking freedom of religion (minus the crew and a few other on the voyage) they seem to dote on how everything is under the jurisdiction of King James. I would bet that King James probably only heard whispers of this voyage before it took place if anything of it, so why would they swear so much loyalty to someone who was head of the Anglican Church? One of the main parts in my eyes, that I saw as important, was the part that announced equality. Equality for whom? White males over 21? To me it seems contradictory. I think this especially so considering that there were not many settlers in the area, and did they really need a document already to protect their rights? It must have been a rough crew of religious zealots to need anything more than the bible. I guess that there were those who were not part of the religious zealotry, but how long would that last? I mean don't most religious zealots like to convert people? In the end, i can see the importance of this document for later analysis of republican/ democratic beliefs in the New World, but i don't think it was a influential document then. It had a profound impact on later American life with the underlying ideas but nothing more.

For as much as it hath pleased Almighty God by the wise disposition of his divine providence so to order and dispose of things that we the Inhabitants and Residents of Windsor, Hartford and Wethersfield are now cohabiting and dwelling in and upon the River of Connectecotte and the lands thereunto adjoining; and well knowing where a people are gathered together the word of God requires that to maintain the peace and union of such a people there should be an orderly and decent Government established according to God, to order and dispose of the affairs of the people at all seasons as occasion shall require; do therefore associate and conjoin ourselves to be as one Public State or Commonwealth; and do for ourselves and our successors and such as shall be adjoined to us at any time hereafter, enter into Combination and Confederation together, to maintain and preserve the liberty and purity of the Gospel of our Lord Jesus which we now profess, as also, the discipline of the Churches, which according to the truth of the said Gospel is now practiced amongst us; as also in our civil affairs to be guided and governed according to such Laws, Rules, Orders and Decrees as shall be made, ordered, and decreed as followeth:

1. It is Ordered, sentenced, and decreed, that there shall be yearly two General Assemblies or Courts, the one the second Thursday in April, the other the second Thursday in September following; the first shall be called the Court of Election, wherein shall be yearly chosen from time to time, so many Magistrates and other public Officers as shall be found requisite: Whereof one to be chosen Governor for the year ensuing and until another be chosen, and no other Magistrate to be chosen for more than one year: provided always there be six chosen besides the Governor, which being chosen and sworn according to an Oath recorded for that purpose, shall have the power to administer justice according to the Laws here established, and for want thereof, according to the Rule of the Word of God; which choice shall be made by all that are admitted freemen and have taken the Oath of Fidelity, and do cohabit within this Jurisdiction having been admitted Inhabitants by the major part of the Town wherein they live or the major part of such as shall be then present.

2. It is Ordered, sentenced, and decreed, that the election of the aforesaid Magistrates shall be in this manner: every person present and qualified for choice shall bring in (to the person deputed to receive them) one single paper with the name of him written in it whom he desires to have Governor, and he that hath the greatest number of papers shall be Governor for that year. And the rest of the Magistrates or public officers to be chosen in this manner: the Secretary for the time being shall first read the names of all that are to be put to choice and then shall severally nominate them distinctly, and every one that would have the person nominated to be chosen shall bring in one single paper written upon, and he that would not have him chosen shall bring in a blank; and every one that hath more written papers than blanks shall be a Magistrate for that year; which papers shall be received and told by one or more that shall be then chosen by the court and sworn to be faithful therein; but in case there should not be six chosen as aforesaid, besides the Governor, out of those which are nominated, than he or they which have the most writen papers shall be a Magistrate or Magistrates for the ensuing year, to make up the aforesaid number.

3. It is Ordered, sentenced, and decreed, that the Secretary shall not nominate any person, nor shall any person be chosen newly into the Magistracy which was not propounded in some General Court before, to be nominated the next election; and to that end it shall be lawful for each of the Towns aforesaid by their deputies to nominate any two whom they conceive fit to be put to election; and the Court may add so many more as they judge requisite.

4. It is Ordered, sentenced, and decreed, that no person be chosen Governor above once in two years, and that the Governor be always a member of some approved Congregation, and formerly of the Magistracy within this Jurisdiction; and that all the Magistrates, Freemen of this Commonwealth; and that no Magistrate or other public officer shall execute any part of his or their office before they are severally sworn, which shall be done in the face of the court if they be present, and in case of absence by some deputed for that purpose.

5. It is Ordered, sentenced, and decreed, that to the aforesaid Court of Election the several Towns shall send their deputies, and when the Elections are ended they may proceed in any public service as at other Courts. Also the other General Court in September shall be for making of laws, and any other public occasion, which concerns the good of the Commonwealth.

6. It is Ordered, sentenced, and decreed, that the Governor shall, either by himself or by the Secretary, send out summons to the Constables of every Town for the calling of these two standing Courts one month at least before their several times: And also if the Governor and the greatest part of the Magistrates see cause upon any special occasion to call a General Court, they may give order to the Secretary so to do within fourteen days warning: And if urgent necessity so require, upon a shorter notice, giving sufficient grounds for it to the deputies when they meet, or else be questioned for the same; And if the Governor and major part of Magistrates shall either neglect or refuse to call the two General standing Courts or either of them, as also at other times when the occasions of the Commonwealth require, the Freemen thereof, or the major part of them, shall petition to them so to do; if then it be either denied or neglected, the said Freemen, or the major part of them, shall have the power to give order to the Constables of the several Towns to do the same, and so may meet together, and choose to themselves a Moderator, and may proceed to do any act of power which any other General Courts may.

7. It is Ordered, sentenced, and decreed, that after there are warrants given out for any of the said General Courts, the Constable or Constables of each Town, shall forthwith give notice distinctly to the inhabitants of the same, in some public assembly or by going or sending from house to house, that at a place and time by him or them limited and set, they meet and assemble themselves together to elect and choose certain deputies to be at the General Court then following to agitate the affairs of the Commonwealth; which said deputies shall be chosen by all that are admitted Inhabitants in the several Towns and have taken the oath of fidelity; provided that none be chosen a Deputy for any General Court which is not a Freeman of this Commonwealth. The aforesaid deputies shall be chosen in manner following: every person that is present and qualified as before expressed, shall bring the names of such, written in several papers, as they desire to have chosen for that employment, and these three or four, more or less, being the number agreed on to be chosen for that time, that have the greatest number of papers written for them shall be deputies for that Court; whose names shall be endorsed on the back side of the warrant and returned into the Court, with the Constable or Constables' hand unto the same.

8. It is Ordered, sentenced, and decreed, that Windsor, Hartford, and Wethersfield shall have power, each Town, to send four of their Freemen as their deputies to every General Court; and Whatsoever other Town shall be hereafter added to this Jurisdiction, they shall send so many deputies as the Court shall judge meet, a reasonable proportion to the number of Freemen that are in the said Towns being to be attended therein; which deputies shall have the power of the whole Town to give their votes and allowance to all such laws and orders as may be for the public good, and unto which the said Towns are to be bound.

9. It is Ordered, sentenced, and decreed, that the deputies thus chosen shall have power and liberty to appoint a time and a place of meeting together before any General Court, to advise and consult of all such things as may concern the good of the public, as also to examine their own Elections, whether according to the order, and if they or the greatest part of them find any election to be illegal they may seclude such for present from their meeting, and return the same and their reasons to the Court; and if it be proved true, the Court may fine the party or parties so intruding, and the Town, if they see cause, and give out a warrant to go to a new election in a legal way, either in part or in whole. Also the said deputies shall have power to fine any that shall be disorderly at their meetings, or for not coming in due time or place according to appointment; and they may return the said fines into the Court if it be refused to be paid, and the Treasurer to take notice of it, and to escheat or levy the same as he does other fines.

10. It is Ordered, sentenced, and decreed, that every General Court, except such as through neglect of the Governor and the greatest part of the Magistrates the Freemen themselves do call, shall consist of the Governor, or some one chosen to moderate the Court, and four other Magistrates at least, with the major part of the deputies of the several Towns legally chosen; and in case the Freemen, or major part of them, through neglect or refusal of the Governor and major part of the Magistrates, shall call a Court, it shall consist of the major part of Freemen that are present or their deputies, with a Moderator chosen by them: In which said General Courts shall consist the supreme power of the Commonwealth, and they only shall have power to make laws or repeal them, to grant levies, to admit of Freemen, dispose of lands undisposed of, to several Towns or persons, and also shall have power to call either Court or Magistrate or any other person whatsoever into question for any misdemeanor, and may for just causes displace or deal otherwise according to the nature of the offense; and also may deal in any other matter that concerns the good of this Commonwealth, except the election of Magistrates, which shall be done by the whole body of Freemen. In which Court the Governor or Moderator shall have power to order the Court, to give liberty of speech, and silence unseasonable and disorderly speakings, to put all things to vote, and in case the vote be equal to have the casting voice. But none of these Courts shall be adjourned or dissolved without the consent of the major part of the Court.

11. It is Ordered, sentenced, and decreed, that when any General Court upon the occasions of the Commonwealth have agreed upon any sum, or sums of money to be levied upon the several Towns within this Jurisdiction, that a committee be chosen to set out and appoint what shall be the proportion of every Town to pay of the said levy, provided the committee be made up of an equal number out of each Town.

14th January, 1638, the 11 Orders above said are voted.

My dislike for religious governments is very high. Besides that, i thought that this document did a great job binding the the colonies together. I think that it was these binding laws gave way to the very similar binding of states added to the union following the Revolutionary War into modern history, including the territories in the same time frame. Still, the general laws put in place, over voting procedures for the magistrate, governor and other governmental offices were similar to how we produce petitions today. That neglects the fact that then, there were no political parties, sure maybe people with conservative views versus those with more radical ones, but no parties or professional politicians to destroy the point of elections. This document in fact, sets up in some ways a miniature United States, with the levying of taxes that is agreed on by more than one part of the government. Also with, the court systems. But another major positive of this republic system, is that the people (free white men over 21) are allowed a major say in government. I find this document one of the more interesting constitutions, because of its simplicity, and probable effectiveness.

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