NEWDOW et al v. ROBERTS et al

Filing 13

Memorandum in opposition to re 4 MOTION for Preliminary Injunction filed by JOHN ROBERTS, JR, JOINT CONGRESSIONAL COMMITTEE ON INAUGURAL CEREMONIES, DIANNE FEINSTEIN, ARMED FORCES INAUGURAL COMMITTEE, RICHARD J. ROWE. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7: Groppel Declaration, # 8 Exhibit 8: Minear Declaration, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Text of Proposed Order)(Rosenberg, Brad)

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__________________________________________________________________________________ INAUGURAL ADDRESSES OF THE PRESIDENTS OF THE UNITED STATES FROM GEORGE WASHINGTON TO GEORGE BUSH 1989 1789 BICENTENNIAL EDITION UNITEDSTATES GOVERhrMENT PRINTINGOFFICE WASHINGTON, D,C. 1989 __________________________________________________________________________________ George Washington THUgSDA.¥, APRIL 30, 1789 The Nation%first chief executive took his oath of office in April in NewYork City on the balcony of the Senate Chamberat Federal Hall on Wall Street. General Washington had been unanimously elected President by the llrst electoral college, and John Adamswas elected Vice President because he received the second greatest number of votes. Under the ru/es, each elector cast two votes. The Chancellor of NewYork and fellow Freemason, Robert R. Li~6ngston administered the oath of office. The Bible on which the oath was sworn belonged to New York's St. John's Masonic Lodge. The new President gave his inaugural address before a joint session of the two Housesof Congress assembled inside the Senate Chamber. - Among the vicissitudes incident to life no event could have filled me with greater anxieties than that of which the notification order, and received on the 14th day of the On the one hand, I was summoned by my country, __________________________________________________________________________________ LNAUGURAL ADDRESSES OF THE PRESIDENTS whose voice I can never hear but with veneration and love, from a retreat which I had chosen with the fondest predilection, and, in myflattering hopes, with an immutable decision, as the asylum of my declining years--a retreat which was rendered every day more necessary as well as more dear to me by the addition of habit to inciination, and of frequent interruptions iu myhealth to the gradual waste committed on it by time. On the other hand, the magnitude and difficulty of the trust to which the voice of my country called me, being sufficient to awaken in the wisest and most experienced of her citizens a distrustful scrutiny into his qualifications, could not but overwhehnwith despondence one who (inheriting inferior endowments from nature and unpracticed in the duties of civil administration) ought to be peculiarly conscious of his owndeficiencies. In this conflict of emotionsall I dare aver is that it has been myfaithful study to collect my duty from a just appreciation of every circumstance by .which it m/ght be affected. All I dare hope is that if, in executing this task, I have been too muchswayed by a grateful remembranceof former ins~nces, or by an affectionatesensibility ~ tran~endent to proof the confidence my of of fellow-citizens, and have thence too little consulted myincapacity as well as disinclination for the weighty and untried cares before me, myerror will be palliated by the motives which mislead me, and its consequences be judged by my country with some share of the partiality in which they ar~ginated. Such being the impressions under which ][ have, in obeddence to the public summons,repaired to the present station, t would peculiarly improperto omit in this first official act myf plicatians to that AlmightyBeing whorules over the universe presides in the councils of nations, and whoseprovidential aids supply every humandefect, that His benediction may the liberties and happiness of the people of the United Governmentinstituted by themselves for these essential and may enable every instrument employed hi its to execute with success the functions aiio~ted to hi~ doting this homageto the Great good, I assure myself that it expresses your than my own, nor those of my fellow-citLzens at either. No people can be bound to acknowledgeand adore the ible Hand which conducts the affairs of men more the United States. Every step by which they have character of an independent nation seems to guished by some token of providential agency; and rant revolution just accomp~shed the system in ernment t[ manydistil not be corn! been estab: with an hu seem to pro have forced Youwill j~ under the governmen" By the the duty o such meas~ ¢umstance~ c ing into th~ al charter yourpowez g/ven. v~ It that du~ is adorn the honorable sideno party which sad mor~ty, byall the in place o 4 __________________________________________________________________________________ GEORGE WASHINGTON 3 nd, h [um o ~bit nagni~ mtr 5 ~xp~ iens~ r g inl ~ies of vn deithas iation dare rayed ction)f my ~acity t me, ~re of ienae id be ~ho .~e to ;es a oses, ~tion ten ..... ,vate less ~han avis, the .porgov- the tranquil deliberations and voluntary consent of so distinct communities from which the event has resulted can ,the compared with the means by which most governments have established without some return of pious gratitude, along a an humbleanticipation of the future blessings which the past These reflections, arising out of the present crisis, forced themselves too strongly on my mind to be suppressed. wilt join with me, I trust, in thinking that there are none under the influence of which the proceedings of a new and free more auspiciously commence. By the article establishing the executive department it is made duty of the President "to recommendto your consideration ~uch measures as he shall judge necessary and expedient." The cirunder which I now meet you will acquit me from enterinto that subject further than to refer to the great constitution..harter under which you are assembled, and which, in defining powers, designates the objects to which your attention is to be It will be more consistent with those circumstances, and far congenial with the feelings which actuate me, to substitute, La place of a recommendationof particular measures, the tribute that is due to the talents, the rectitude, and the patriotism which adorn the characters selected to devise and adopt them. In these honorable qualifications I behold the surest pledges that as on one side no local prejudices or attachments, no separate views nor party animosities, will misdirect the comprehensive and equal eye which ought to watch over this great assemblage of communities and interests, so, on another, that the foundation of our national policy will be laid in the pure and immutableprinciples of private morality, and the preeminence of free government be exemplified by all the attributes which can win the affections of its citizens and command the respect of the world. I dwell on this prospect with every satisfaction which an ardent love for mycountry can inspire, since there is no truth more thoroughly established than that there exists in the economyand course of nature an indissoluble union between virtue and happiness; between duty and advantage; between the genuine msxims of an honest and magnanimous policy and the solid rewards of public prosperity and felicity; since we ought to be no less persuaded that the propitious smiles of Heaven can never be expected on a nation that disregards the eternal rules of order and right which Heavenitself has ordained; and since the preservation of the sacred fire of liberty and the destiny of the republican model of government are justly considered, perhaps, as __________________________________________________________________________________ 4 INAUGUIRAL ADDRESSES OF TItlE PRESIDENTS deeply, as finally, staked on the experiment entrusted to the hands of the American people. Besides the ordinary objects subm/tted to your care, it will remain with your judgment to decide how far an exercise of the occasional power delegated by the fifth article of the Constitution is rendered expedient at the present juncture by the nature of objections which have been urged against the system, or by the degree of inquietude which has given birth to them. Instead of tmdertaking particular recommendations on this subject, in which I could be guided by no lights derived from official opportunities, I shall again give way to my entire confidence in your discernment and pursuit of the public good; for I assure myself that whilst you carefully avoid every alteration which might endanger the benefits of an united and effective government, or which ought to await the future lessons of experience, a reverence for the characteristic rights of freemen and a regard for the public harmony will sufficiently influence your deliberations on the question how far the former can be impregnably fortified or the latter be safely and advantageonsly promoted. To the foregoing observations I have one to add, which will be most properly addressed to the House of Representatives. It concerns myself, and ~ therefore be as brief as possible. WhenI was first honored with a call into the service of my country, then on the eve of an arduous struggle for its liberties, the light in which I contemplated my duty required that I should renounce every pecuniary compensation. From this resolution I have in no instance departed; and being still under the impressions which produced it, ~ must decline as inapplicable to myself any share in the personal emoluments which may be indispensably included in a permanent provision for the executive department, and must accordingly pray that the pecuniary estimates for the station in which I am may during my continuance in it be limited to such actual expenditures as the public good may be thought to require. Hav~g thus imparted to you my sentiments as they have awakened by the occasion which brings us together, I present leave; but not without resorting once more to the Parent of the Human Race in humble supplication that, has been pleased to favor the American people with for deliberaCmg in perfect tranquiliity, and dispositions for with anparalieled unanimity on a form of government for rity of their union and the advancement of their happiness, so divine blessing may be equally conspicuous in the enlarged the tern; success o __________________________________________________________________________________ GEORGE WASHINGTON 5 hands it will ! the ocution is ~f objec~ degree ~dertak~"ould be ~1 again pursuit arefully :sof an ~ait the cteristic ill suffifar the and ad~ will be ¯ It conen I was then on which I ~ry pecu;ance de~ced I it, personal rmanent gly pray n placed expen~dave been take my e benign since He ,rtunities deciding the seau~S, SO His temperate consultations, and the wise measures on which the ~ of this Governmentmust depend. ~d views, __________________________________________________________________________________ .~ by ~ore ~:he hi ted ~es in'rid ge; for it of Chief Justice John Marshall administered the ffLrst executive oath of office ever taken in the newfederal city in the new Senate Chamber (now the Old SupremeCourt Chamber)of the partially built Capitol building. The outcomeof the election of 1800 had been in doubt until late February because ThomasJefferson and Aaron Burr, the two leading candidates, each had received 73 electoral votes. Consequently, the Houseof Representatives met Lu a special session to resolve the impasse, pursuant to the terms spelled out in the Constitution. After 30 hours of debate and balloting, Mr. Jefferson emergedas the President and Mr. Burr the Vice President. President John Adams, who had run unsuccessftflly for a second term, lei% Washington on the day of the inauguration without attending the ceremony.... Friends and Fellow-Citizens: Called upon to undertake the duties of the first executive office of our country, I avail myself of the presence of that portion of my fellow-citizens which is here assembled to express my gratefal 13 __________________________________________________________________________________ ~qAUGURAL ADDRESSES OF THE Pm~sm~TS rant a some of saf~ ciple. ciple. any a: its re! the st men f Gover the fu has sC thanks for the favor with which they have been pleased to look toward me, to declare a sincere consciousness that the t~sk is above my talents, and that I approach it with those anx~oas and awhll presenthnents which the greatness of the charge and the weakness of mypowers so justly inspire. A rising nation, spread over a wide and fruitfifl land, traversing all the seas with the rich productions of their industry, engaged in commerce with nations who feel power and forget right, advancing rapidly to destinies beyond the reach of mortal eye-when I Contemplate these transcendent jects, and see the honor, the happiness, and the hopes of this be~ loved country committedto the issue, andthe auspices of this day, I shrink from the contemplation, and humble myself before the magnitude of the undertaking. Utterly, indeed, should I despair did not the presence of many whom here see remind me that in the I other high authorities provided by our Constitution I shall find sources of wisdom,of virtue, and of zeal on wtHchto rely under all difficulties. To you, then, gentlemen, whoare charged with the sovereign functions of legislation, and to those associated with you, I look with encouragement for that guidance and support which may enable us to steer with safety the vessel in which we are all embarked amidst the conflicting elements of a troubled world. During the contest of opin/on through which we have passed the animation of discussions and of exertions has sometimes worn an aspect which might impose on strangers unused to think freeIy and to speak and to write what they; but this being nowdecided by the voice of the nation, announced according to the rules of the Constitution, all will, of course, arrange themselves under the will of the law, and unite in common efforts for the common good. All, too, will bear in mind this sacred principle, that though the will of the majority is in all cases ~o prevail, that will to be righthH must be reasonable; that the minority possess their equal rights, which equal law must protect, and to violate would be opt pression. Let us, then, fellow-citizens, unite with one heart and one mind. Let us restore to social intercourse that harmonyand affection without which liberty and even Hie itself are but dre~ things. Andlet us reflect that, having banished from our land that: religious intolerance under which mankind so long bled and suf: feted, we have yet gained httle ~f we countenance a political erance as despotic, as wicked, and capable of as bitter and persecutions. During the throes and convulsions of the world, during the agoniz'mg spasms of infuriated man, through blood and slaughter his long-lost 1/berry, it was derful that the agitation of the billows should reach even that ! ard oi trnste with L erals high-~ chose: sandt equal resul~ them; riced temp~ ador~: er ha essar. Wise ~ forms ment __________________________________________________________________________________ THOMAS JEFFERSON 15 to look is above d awful eakness : a wide ~uctions rho feel end the ient obthis behis day, bre the pair did t in the find reader a~ the sov] you, I ich may all erapassed k freely though U to be r equal [ be op~ md one d affecdreary nd that nd suffl intolbloody ancient seeking ~t wonhis dis- peaceful shore; that this should be more felt and feared by e and less by others, and should divide opinions as to measures But every difference of opinion is not a difference of prinWehave called by different names brethren of the same prinWeare all Republicans, we are all Federalists. If there be ¯ amongus whowould wish to dissolve this Union or to change :its republican form, let them stand undisturbed as monuments of :the safety with which error of opinion may be tolerated where Zeason is left free to combat it. I know, indeed, that some honest menfear that a republican government can not be strong, that this Government is not strong enough; but would the honest patriot, in :the full tide of successful experiment abandon a government which so far kept us free and firm on the theoretic and visionary fear that this Government, the world's best hope, may by possibility energy to preserve itself?. I trust not. I beheve this, on the contrary, the strongest Governmenton earth. I behove it the only one where every man, at the call of the law, would fly to the standard of the law, and would meet invasions of the public order as his own personal concern. Sometimes it is sa~d that man can not be trusted with the government of himself. Can he, then, be trusted w~th the government of others? Or have we found angels in the forms of kings to govern him? Let history answer this question. ............... Let us, then, with courage and confidence pursue our ownFedaral and Repubhcanprinciples, our attachment to union and representative government. Kindly separated by nature and a wide ocean from the exterminating havoc of one quarter of the globe; too high-minded to endure the degradations of the others; possessing a chosen country, with room enough for our descendants to the thousandth and thousandth generation; entertaiuing a due sense of our equal right to the use of our ownfaculties, to the acquisitions of our ownindustry, to honor and confidence from our fellow-citizens, resulting not from birth, but from our actions and their sense of them; enlightened by a benign religion, professed, indeed, and practiced in various forms, yet all of them inculcating honesty, truth, temperance, gratitude, and the love of man; acknowledging and adoring an overruling Providence, which by all its dispensations proves that it delights in the happiness of manhere and his greater happiness hereafter--with all these blessings, what more is necessary to makeus a happy and a prosperous people? Still one thing more, fellow-citizens--a wise and frugal Government, which shell restrain men from injuring one another, shall leave them otherwise free to regulate their ownpursuits of industry and improvement, and shall not take from the mouth of labor the bread it has __________________________________________________________________________________ 16 ~AUGURAL ADDRESSES OF TI-IE P~SmENTS earnedThisis thesumof goodgovernment, thisis necessary . and toclose circle our the of felicities. About to enter, fellow-citizens, on the exercise of duties which comprehendeverything dear and valuable to you, it is proper you should understand what I deemthe essential principles of our Government, and consequently those which ought to shape its Administration. I v~l compress them within the narrowest compass they ~ bear, stating the general priuciple, but not all its limitations. Equal and exact justice to all men, of whatever state or persuasion, religious or political; peace, commerce,and honest friendship with all nations, entangling alliances with none; the support of the State governments in all their rights, as the most competent administratious for our domestic concerns and the surest bulwarks against antirepublican tendencies; the preservation of the General Government in its whole constitutional vigor, as the sheet anchor of our peace at homeand safety abroad; a jealous care of the right of election by the people--a mild and safe corrective of abuses which are lopped by the sword of revolution where peaceable remedies are unprovided; absolute acquiescence in the decisions of the majority, the vital principle of republics, from which is no appeal but to force, the vital principle and immediate parent of despotism; a well disciplined militia, our best reliance in peace and for the first moments of war, till regulars mayrelieve them; the supremacy of the civil over the military authority; economyin the public expense, that labor may be lightly burthened; the honest payment of our debts and sacred preservation of the public faith; encouragementof agriculture, and of commerceas its handmaid; the diffusion of information and arraignment of all abuses at the bar of the public reason; freedom of religion; freedom of the press, and freedom of person under the protection of the habeas corpuS, and trial by juries impartially selected. These principles form the bright constelIation which has gone before us and guided our steps through : an age of revolution and reformation. The wisdomof our sages and : blood of our heroes have been devoted to their attainment. They should be the creed of our political faith, the text of civic instruc~ tion, the touchstone by which to try the services of those we trust;::: and should we wander from them in moments of let uS hasten to retrace our steps and to regain the road alone leads to peace, liberty, and safety. I repair, then, fellow-citlzens, to the post you have assi~ With experience enough in subordinate offices to have seen the ficulties of this the greatest of all, I have learnt to expect will rarely fall to the lot of imperfect manto retire from this tio~ Wit f~rs ice~ the thr wh, wh, ap~ for opi of ~ wit .... Dec the __________________________________________________________________________________ THOMAS JEFFERSON 17 ssary ~hich v you Govthey tions. with State istra~f our ~ elech are iority, *ut to ~t of the ~f our ent of of public omof" ~al by t conrough .with the reputation and the favor which bring him into it. pretensions to that high confidence you reposed in our greatest revolutionary character, whose preeminent serventitled him to the first place hi his country's love and for him the fairest page in the volumeof faithful history, ask so much confidence only as may give firmness and effect to legal admin/s~ration of your affairs. I shai/ often go wrong through defect of judgment. Whenright, I shall often be thought ....... :wrong by those whose positions will not command view of the a ;whole ground. I ask your indulgence for my own errors, which will never be intentional and your support against the errors of others whomay condemnwhat they would not if seen in all its parts. The approbation implied by your suffrage is a great consolation to me for the past, and my future solicitude will be to retain the good oph~on of those whohave bestowed it in advance, to conciliate that of others by doing them all the good in mypower, and to be instru: mental to the happiness and freedom of all. Relying, then, on the patronage of your good will, I advance ~th obedience to the work, ready to retire from it whenever you become sensible how much better choice it is in your power to make. And may that Infinite Power which rules the destinies of the universe lead our councils to what is best, and give them a favorable/ssue for your peace and prosperity. .~s and They ~tructrust; tlarm, which .~d me. he dif:hat it /s sta- __________________________________________________________________________________ rea am SECONY~ INAUGLFRAL ADDP~S vet cer Ste MONDAY, MARCH 1805 4, is ! dot onl zen The second inau~tration of Mr. Jefferson followed an election under which the offices of President and Vice President were to be separately sought, pursuant to the newly adopted 12th Amendment to the Constitution. George Clinton of New York was elected Vice President. Chief Justice John Marshall administered the oath of office in the Senate Chamber at the Capitol. of f eig lim Proceeding, fellow-citizens, to that qualification which the Constitution requires before my entrance on the charge again conferred on me, it is myduty to express the deep sense I entertain of this new proof of confidence from myfellow-citizens at large, and the zeal with which it inspires me so to conduct myself as maybest satisfy their just expectations. On taking this station on a former occasion I declared the principles on which I believed it myduty to administer the affairs of our Commonwealth.Myconscience tells me I have on every occasion acted up to that declaration according to its obvious import and to the understanding of every candid mind. In the transaction of your foreign affairs we have endeavored to cultivate the friendship of all nations, and especially of those with which we have the most important relations. We have done them justice on all occasions, favored where favor was lawful, and cherished mutual interests and intercourse on fair and equal terms. Weare firmly convinced, and we act on that conviction, that with nations as with individuals our interests soundly calculated will ever be found inseparable from our moral duties, and history bears witness to the fact that a just nation is trusted on its wo~'d whenrecourse is had to armaments and wars to bridle others. At home, fellow-citizens, you best know whether we have done well or ill. The suppression of unnecessaryoffices, of useless establishments and expenses, enabled us to discontinue our internal taxes. These, covering our land with officers and opening our door s to their intrusions, had already begun that process of domiciliary vexation which once entered is scarcely to be restrained from th~ by am riv, oN nul oth ye~ of pa~ ret ab] for va] anl th~ Bu op~ sh~ op] br~ int 18 __________________________________________________________________________________ THOMAS JEFFERSON 19 )n under ~parately 3onstituhief Jus."hamber :h the Conagain con~ntertain of large, and s may best ~d the prinaffairs of ~very occa~us import mdeavored .y of those have done awful, and and equal :ction, that calculated nd history n its wo~d hers. have done ,tess estabr internal ¯ our doors .omicilJary ined from reachingsuccessively everyarticleof property and produce.If :among these taxes some minor ones fell which had not been inconvenient, it was because their amount would not have paid the officers who collected them, and because, if they had any merit, the :State authorities might adopt them instead of others less approved. The remaining revenue on the consumption of foreign articles is paid chiefly by those who can afford to add foreign luxuries to domestic comforts, being collected on our seaboard and frontiers only, and incorporated with the transactions of our mercantile citizens, it may be the pleasure and the pride of an American to ask, What farmer, what mechanic, what laborer ever sees a taxgatherer of the United States? These contributions enable us to support the current expenses of the Government, to fnlffll contracts with foreign nations, to extinguish the native right of soil within our limits, to extend those limits, and to apply such a surplus to our public debts as places at a short day their final redemption, and that redemption once effected the revenue thereby liberated may, by a just repartition of it among the States and a corresponding amendment of the Constitution, be applied in ~ime of peace to rivers, canals, roads, arts, manufactures, education, and other great Objects within each State. In time of war, if injustice by ourselves or others must sometimes produce war, increased as the same revenue will be by increased population and consumption, and aided by other resources reserved for that crisis, it may meet within the year all the expenses of the year without encroaching on the rights Of future generations by burthening them with the debts of the past. War ~ then be but a suspension of useful works, and a return to a state of peace, a return to the progress of improvement. I have said, fellow-citizens, that the income reserved had enabled us to extend our limits, but that extension may possibly pay for itself before we are called on, and in the meantime may keep down the accruing interest; in all events, it will replace the advances we shall have made. I know that the acquisition of Louisiana had been disapproved by some from a candid apprehension that the enlargement of our territory would endanger its union. .... But who can limit the extent to which the federative principle may operate effectively? The larger our association the tess will it be shaken by local passions; and in any view is it not better that the opposite bank of the Mississippi should be settled by our own brethren and children than by strangers of another family? With which should we be most likely to live in harmony and friendly intercourse? __________________________________________________________________________________ 2O ~n matters religion haveconsidered itsfreeexercise of I that is placedby the Constitution independent the powersof the Generof al Government. have therefore I undertaken no occasion preon to scribe religious the exercises suited it,buthaveleftthem, the to as Constitution foundthem,underthe direction discipline the and of churchor stateauthorities acknowledged the several by religious societies. The aboriginal inhabitants thesecountries haveregarded of I with the commiseration their historyinspires. Endowedwith the facultieand the rights men,breathing ardent s of an loveof liberty and independence, and occupyinga country which left them no desire but ~o be undisturbed, streamof overflowing the population fromotherregions directed itself theseshores; on v~thout powerto divert habits contend or to against it, theyhavebeenoverwhelmed by the current drivenbeforeit; now reduced or withinlhnitstoo narrowfor the hunter's state,humanity enjoins to teachthem us agriculture the domestic and arts;to encourage themto thatindus~ try which alonecan enablethem to maints~theirplacein ex~tonceand to prepare themin timefor thatstateof society which~o bodily comforts adds the improvement of the mind and morals. We have therefore liberally furnished them with the implements of husbandry and household use; we have placed among them instructors in the arts of first necessity, and they are covered with the aegis of the law against aggressors from among ourselves. But the endeavors to enlighten them on the fate which awalte their present course of life, to induce them to exercise their reason, follow its dictates, and change their pursuits with the change of circumstances have powerhd obstacles to encounter; they are combated by the habits of their bodies, prejudices of their minds, ignorance, pride, and the influence of interested and crafty individuals among them who feel themselves something in the present order of things and fear to become nothing in any other. These persons inculcate a sanctimonious reverence for the customs of their ancestors; that whatsoever they did must be done through all time; that reason is a false guide, and to advance under its counsel in their physical, moral, or political condition ~s perilous innovation; that their duty is to remain as their Creator made them, ignorance being safety and knowledge full of danger; in short, my friends, among them also is seen the action and counteraction of good sense and of bigotry; they too have their antiphilosopkiste who find an interest in keeping things in their present state, who dread reformation, and exert all their faculties to maintain the ascendancy of habi" date: gate plac~ the " frorD duti~ lecte laws toth then the ~ wha~ anh regz, itss som~ eral mar, hav~ dign sho~ aide of tr of it you and rage and they thez Stat pub] cion __________________________________________________________________________________ THOMAS JEFFERSON 21 'cise is ~ener:o pre- ~ ::: asthe ofthe igious 14 arded a the m no ation 'er to it over the duty of improving our reason and obeying its mandates. In giving these outlines I do not mean, fellow-citizens, to arrogate myself merit themeasures. ~s due, thefirst to the of That in placetothereflecting , character ourcitizens large, by of at who, theweight public of opinion, influence strengthen public and the measures. is dueto thesound It discretion winch with they select from amongthemselves those to whom they confide the legislative duties. It is due to the zeal and wisdomof the characters thus seto the able rand faithful auxiliaries, whosepatriotism has associated them with me in the executive functions. During this course of administration, and in order to disturb it, the arti~ery of the press has been leveled against us, charged with whatsoever its licentiousness could devise or dare. These abuses of institution so important to freedom and science are deeply to be regretted, inasmuchas they tend to lessen its usefulness and to sap its safety. They might, indeed, have been corrected by the wholesome punishments reserved to and provided by the laws of the several States against falsehood and defamation, but public duties more urgent press on the time of public servants, and the offenders have therefore been left to fred their punishment in the public indig-nation. Nor was it uninteresting to the world that an experiment should be fairly and fully made, ~vhether freedom of discussion, unaided by power, is not sufficient for the propagation and protection of truth--whether a governmentconducting itself in the true spirit of its constitution, with zeal and purity, and doing no act whichit would be unwilling the whole world should witness, can be written downby falsehood and defamation. The experiment has been tried; you have witnessed the scene; our fellow-citizens looked on, cool and collected; they saw the latent source from which these outrages proceeded; they gathered around their public functionaries, and whenthe Constitution called them to the decision by suffrage, they pronounced their verdict, honorable to those whohad served them and consolatory to the friend of man who believes that he maybe trusted with the control of his mvnaffairs. No inference is here intended that the laws provided by the States against false and defamatory publications should not be enforced; he who has time renders a service to public morals and pubhc tranqnillity in reforming these abuses by the salutary coercions of the law; but the experiment is noted to prove that, since beny leered lay thefoundationspublic who of happiness wholesome in laws, execution winch remus others, it is due the of alone for ~d lined s too ~hem ldus;h to , We ;sof the ~ of [nor of inhat eir uat of __________________________________________________________________________________ truthand reasonhavemaintained theirgroundagainst falseopinionsin league withfalsefacts, the press, confi~ed truth, to needs no otherlegal restraint; public the judgment willcorrect false reasoningand opinions a fullhearing all parties; no other on of and definite linecan be drawnbetween the inestimable liberty the of press it~demoralizing and licentiousness. If there still be improprietieswhichthis rulewouldnot restrain, its supplement mustbe sought in the censorship of public opinion, Contemplating the union of sentiment now manifested so generally as auguring h~rmony and happiness to our future course~ I offerto our country sincere congratulations. those, With too,not yet rallied the samepointthe disposition do so is gaining to to strength; factsare piercing through the veildrawnoverthem,and our doubting brethren will at lengthsee that the mass of their fellow-citizens whomtheycannotyetresolve actas to prinwith to ciplesand measures,think as they think and desirewhat they desire; thatourwishas wellas theirs thatthepublic is efforts may be directed honestly the publicgood,thatpeacebe cultivated, to civiland religious liberty unassalled, and orderpreserved, law equality rights of maintained, thatstateof property, and equalor unequal, whichresults everyman fromhis own industry that to or of his father's. Whensatisfied theseviewsit is not in human of nature that they shouldnot approveand supportthem. In the meantimelet us cherishthem with patientaffection, let us do themjustice, morethanjustice, allcompetitions interest; and in of and we neednot doubtthattruth,reason, and theirown interests willat length prevail, willgather themintothe foldof theircountry,and willcomplete thatentire unionof opinion which givesto a nation the blessing harmony of and thebenefit nil its strength. of I shallnow enteron the dutiesto whichmy fellow-citizens haveagaincalled me,and shallproceed thespirit those in of principleswhichtheyhaveapproved, fearnot thatany motives l of rarestmay leadme astray; am sensible no passlon I of whichcould seduceme knowingly fromthe path of justice, but the weaknesses of human nature and the limits of my own understanding produce errors judgment of sometimes injurious yourinterests. to I shallneed,therefore, the indulgence all whichI haveheretofore experienced my constituents; wantof it willcertainly from the not lessen withincreasing years.I shallneed,too,the favorof that Beingin whosehandswe are,wholed our fathers, Israel old, as of fromtheirnativelandand planted themin a country flow'mg with allthe necessaries comforts life;who hascovered infanand of our cy with His providence and our riperyears with His wisdomand __________________________________________________________________________________ THOMAS ~EFFF~ON 23 ise opinh, needs hlse reano other hyofthe mproprimust be d so gencourse, I , too, not s gaining .hem, and ~ oftheir ~stoprinvhat they ~orts may mltivated, preserved, ,, equal or power, and to whose goodness I ask you to join in supplications with me that He will so enlighten the minds of your servantS, guide their councils, and prosper their measures that whatsoever they do shall result in your good, and shall secure to you the peace, friendship, and approbation of all nations. orthat in human m. In the letus do Df interest; n interestS their coun~ gives to a ~ strength. low-citizens those prin)tires of inwhich could weaknesses anding will ' interests. I ; heretofore ertainly not ~vor of that :srael of old, ~owing with :d our infanwisdom __________________________________________________________________________________ James Madison FIRST INAUGURAL ADDRESS 1809 SATLYRDAY~MARCHz~, Chief Justice John Marshall administered the oath of office in the Hall of the House of Representatives (now National Statuary Halll. Subsequently the oath by Presidents-elect, with few exceptions, was taken in the House Chamber or in a place of the Capitol associated with the Con~ress ss a whole. The Vice Presidential oath of office for most administrations was taken in the Senate Chamber. President Jefferson watched the ceremony, but he joined the crowd of assembled visitors since he no longer was an office-holder. The mild March weather drew a crowd of about 10,000 persons. Unwilling to depart from examples of the most revered authority, I avail myself of the occasion nowpresentedto express the profound impression madeon me by the call of my country to the station to the duties of whichI amabout to pledge myself by the most solemn of sanctions. So distinguished a markof confidence, profromthe deliberate and tranquil suffrage of a free and virWouldunder any circumstances have commanded my anddevotion, as well as filled mewith an awful sense of 25 __________________________________________________________________________________ 26 the trust to be assumed~ Under the various circumstances which give peculiar solemnity to the existing period, I feel that both the honor and the responsibility allotted to me. are inexpressibly eahansed. The present situation of the world is indeed without a parallel, and that of our owncountry full of difficulties. The pressure of these, too, is the more severely felt because they have fallen upon us at a momentwhenthe national prosperity being at a height not before attained, the contrast resulting from the change has been rendered the more striking. Under the benign influence of our republican institutions, and the maintenance of peace with all am tions whilst so manyof them were engaged in bloody and wasteful wars, the fruits of a just policy were enjoyed in an unrivaled gro~h of our faculties and resources. Proofs of this were seen in the improvements of agriculture, in the successful enterprises of commerce,in the progress of manufacturers and useful arts, in the incresse of the public revenue and the use madeof it in reducing the public debt, and in the valuable work~ and establishments everywhere multiplying over the face of our land. It is a precious reflection that the transition from this prosperous condition of our country to the scene which has for some ~'ane been distressing us is not chargeable on any unwarrantable nor, as I trust, on any involuntary errors in the public com~cfls. Indulging no passions which trespass on the rights or the repose of other nations, it has been the true glory of the U~AtedStates to cultivate peace by observing justice, and to entitle themselves to the respect of the nations at war by fulfilling their neutral obligations with the most scrupulous impartiality. If there be candor in the world, the truth of these assertions will not be questioned; posterity at least will do justice to them. This unexceptionable course could not avail against the injustice and violence of the belligerent powers. In their rage against each other, or impelled by more direct motives, principles of retaliation have been introduced equally contrary to urfiversal res~on and acknowledgedlaw. How long their arbitrary edicts will be continued in spite of the demonstrations that not even a pretext for them has been given by the United States, and of the fair and liberal attempt te induce a revocation of them, can not be anticipated. Assuring myself that under every vicissitude the determined spirit and united councils of the nation will be safeguards to its honor and its essential interests, I repair to the post assigned mewith no other discouragement than what springs from my own inadequacy to its high duties. If I do not sink under the weight of this deep __________________________________________________________________________________ JAMES ~V~ADIBON .ces which t both the ~.ssibly ena parallel, ressure of fllen upon height not has been Of our re- th all nab wasteful unrivaled re seen in ~rprises of rts, in the ~ reducing merits evs prosper~ometime ble views, uncils. Inrepose of States to sselves to :al obligacandor in oned; posthe injus:e against s of retalal reason ill be con* cetexfor t r and lib.ticipated. aed spirit its honor e with no adequacy this deep conviction it is because I find some support in a consciousness of the purposes and a confidence in the principles which I bring with me into this arduous service. To cherish peace and friendly intercourse with all nations having correspondent dispositions; to maintain sincere neutrality toward belligerent nations; to prefer in all cases amicable discusreasonable accommodation differences to a decision of of men y an appeal to arms; to exclude foreign intrigues and foreign :partialities, so degrading to all countries and so baneful to free to foster a spirit of independencetoo just to invade the rights of others, too proud to surrender our own, too hberal to indulge unworthy prejudices ourselves and too elevated not to look downupon others; to hold the union of the States as the basis of their and happiness; to support the Constitution, which is the of the Union, as well in its limitations as in its authorities; the rights and authorities reserved to the States and to equally incorporated with and essential to the success general system; to avoid the slightest interference with the functions of religion, so wisely exempted civil jurisdiction; to preserve in their full energy the other y provisions in behalf of private and personal rights, and of freedom of the press; to observe economyin public expendi. to liberate the public resources by an honorable discharge of ~ public debts; tokeep within requisite limits a standing millthe force, always remembering that an armed and trained militia firmest bulwark of republics--that without standing armies can never be in danger, nor with large ones safe; to by authorized means improvements friendly to agriculto manufactures, and to external as well as internal come favor in like manner the advancementof science and the of information as the best aliment to true liberty; to carry ~ the benevolent plans which have been so meritoriously applied the conversion of our aboriginal neighbors from the degradation of savage life to a participation of the improveof which the humanmind and manners are susceptible in a state--as far as sentiments and intentions such as these aid the fulfillment of my duty, they will be a resource which not fail me. It is mygood fortune, moreover, to have the path in which I tread lighted by examplesof illustrious services successfully the most trying difficulties by those whohave marched Me. Of those of my immediate predecessor it might least me here to speak. I may, however, be pardoned for not sup- __________________________________________________________________________________ 28 INAUGURAL ADDRESSES OF ~HE I~EESIDENTS pressing the sympathy with which my heart is full in the reward he enjoys in the benedictions of a beloved country, gratefully bestowed or exalted talents zealously devoted through a long career to the advancementof its highest interest and happiness. But the source to which I look or the aids which alone can supply mydeficiencies is in the wellotried intelligence and virtue of myfellow-citizens, and in the counsels of those representing them in the other departments associated in the care of the national interests. In these myconfidence will under every difficulty be best placed, next to that which we have all been encouraged to feel in the guardianship and guidance bf that Almighty Being power regulates the destiny of nations, whose blessings have been so conspicuously dispensed to this rising Republic, and to whom we are bound to address our devout gratitude for the past, as well as our fervent supplications and best hopes for the future.

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