previous next


The Pretest of the Democratic members of the New Hampshire Legislature against appropriations for war against the South.

During the session of the New Hampshire Legislature, in June last, ninety-one members of that body protested against the passage of the bill making appropriations for war against the South. The circumstance was noticed at the time as a favorable indication, though it had no effect upon the bloody-minded Black Republicans of the North. We append the protest of these ninety-one true men, which is as eloquent in language as truthful in sentiment:

The undersigned claim their constitutional right of entering upon the journal of the House this their protest against the passage of a bill entitled an ‘"act to aid in the defence of the country,"’ with the following, their reasons' herefor:

  1. 1.Because the bill compels us to approve, ratify, and confirm ‘"all payments made by the Governor and Council, or by their authority and direction, in order to furnish troops from this State for the defence of the United States, or enlisting, arming, equipping, disciplining, maintaining or transporting said troops, or in any way connected therewith;"’ of the nature, extent, validity and equity of which we know so little as to be entirely unable to form any definite judgment relative thereto, and because from any information communicated to this House, we cannot assure ourselves or our constituents that it would be safe and proper for us thus to approve, ratify and confirm.
  2. 2. Because by the provisions of this bill the power to consider and determine what appropriations are necessary, and what disposition has been, and shall be, made of the money of the people, how and by what agents disbursed, and in what manner accounted for, are taken from the representatives of the people, to whom such power constitutionally be longs, and surrendered to the Executive branch of the Government.
  3. 3. Because we cannot permit transactions of any branch of the Government to be sealed up from the eyes of the people, or to be placed beyond their power to examine, inspect and judge.
  4. 4. Because we cannot regard the action of this House in the rejection of the amendments proposed to the bill as other than the assurance that the present war may be waged by unlawful means, for conquest, subjugation, national consolidation and the extinguishment of State sovereignties, and we are unutterably opposed to the attainment, by any means, of such objects.
Disavowing all considerations and motives of a partizan character, we enter our protest against this bill, because of its loose, irresponsible, extravagant provisions, and also because we desire to put upon the record our earnest will to protect the State against the exercise of a decree of executive power, such as the Constitution never contemplated and the people never before dreamed of. When such and extraordinary appropriation was submitted to our sanction, we had a right to know, and the people had a right to know, distinctly and specifically, where their money was to go, for what purposes it had been and was to go, for what purposes it had been and was to be applied, and by what suitable checks its disbursements had been and was to be guarded. We cannot consent to give the idle catch phrases of the day the weight due alone to reason and argument. The political party to which we belong has, fortunately, no occasion for new and extraordinary demonstrations of devotion to the flag of our country. They have never heaped malediction upon it, or upon the Constitution. They have not only loved and honored it, but they have upheld and defended it at home and abroad, on sea and land, at all times and in all places. They have striven to maintain the Government as it descended to them, and in the spirit which animated their fathers — not a ‘"consolidated"’ Government such as is now occasionally foreshadowed, but a Government composed of independent, sovereign States, united for the purposes expressed, and clothed with the powers delegated by the States and the people, and with no other. This Union, which has been our pride and delight, had its birth in the adoption of the Constitution. Upon that instrument, as its firm foundation, warmed and strengthened by glorious memories of the dangers, trials and privations of a seven years conflict for independence, hedged all around by the forces of mutual affection and interest, it stood for the first fifty years, in calm dignity, assuring fraternal regard among all its members, safety for the rights of every citizen of every latitude throughout the bread extent of our land, and amount of individual and social freedom and prosperity hitherto unknown, security at home and respect throughout the world. It was only when the provisions of the Constitution itself relating to domestic servitude came to be denounced and boldly repudiated, that all these great interests and precious blessings were seriously imperiled.

We are ready to make any appropriation reasonable in itself, and properly guarded, which looks practically to restored respect for constitutional rights, and consequently to restored fraternity, unity, peace and prosperity. Nay, more, for these objects we are ready to pledge ‘"our lives, our fortunes and our sacred honor."’ But we enter our solemn protest against making this the occasion for inaugurating in New Hampshire legislation like that of which the bill just passel is a type. We will not sanction appropriations of the people's hard earning, unheard of in amount, without figures, without facts, without sound reason as a basis. This legislation, in our judgment, does little less than to invite speculation. It is immaterial that this great debt is to be funded, and that the bonds are not to be redeemed this year, the next, or the year after. They are to be paid some time, by us or by our children. It is vain to remind us of the old Latin maxim so often reproduced of late, that in the midst of arms the laws are silent. If we go back to the origin of that maxim, we shall find that in the midst of arms the best institutions have been overthrown, and, upon the tyrant's plea of necessity, great liberties have been crushed under the iron heel of military despotism. However important may be other objects contemplated, or to be achieved by this war, nothing can be more important than for the people to hold in their own hands, with a firm grasp, all the rights which our fathers delivered to us — among these, and above all, the sacred personal security of the habeas corpus, the freedom of opinion and freedom of utterance.--We have demanded a specification of the objects for which this unparalleled call upon the industry and income of our constituents is predicated. We have asked whether this war contemplates re-union, and if on, is what manner arms are to achieve the object. We have asked whether it means the desolation of Southern horses, the overthrow of Southern institutions, and the destruction of our own race there. We have demanded more partial security for the economical, faithful, legitimate application of this vast amount of money, and the results that we are turned round upon the privilege which we are thankful is yet reserved to us, of spreading upon the journals of the House this our respectful, solemn protest.

Signed by Harry Bingham, Aaron P. Hughes, and eighty-nine others, members of the New Hampshire Legislature, and by order spread upon the journals.

Creative Commons License
This work is licensed under a Creative Commons Attribution-ShareAlike 3.0 United States License.

An XML version of this text is available for download, with the additional restriction that you offer Perseus any modifications you make. Perseus provides credit for all accepted changes, storing new additions in a versioning system.

hide Places (automatically extracted)

View a map of the most frequently mentioned places in this document.

Sort places alphabetically, as they appear on the page, by frequency
Click on a place to search for it in this document.
United States (United States) (1)
New Hampshire (New Hampshire, United States) (1)
hide People (automatically extracted)
Sort people alphabetically, as they appear on the page, by frequency
Click on a person to search for him/her in this document.
Aaron P. Hughes (1)
Harry Bingham (1)
hide Dates (automatically extracted)
Sort dates alphabetically, as they appear on the page, by frequency
Click on a date to search for it in this document.
6 AD (1)
hide Display Preferences
Greek Display:
Arabic Display:
View by Default:
Browse Bar: