Showing posts with label Declaration of Independence. Show all posts
Showing posts with label Declaration of Independence. Show all posts

Friday, July 03, 2020

Frederick Douglass on July 4th

"What to the Slave Is the Fourth of July?

Frederick Douglass
Rochester Ladies' Anti-Slavery Society, Corinthian Hall, Rochester, N.Y., July 5, 1852

He who could address this audience without a quailing sensation, has stronger nerves than I have. I do not remember ever to have appeared as a speaker before any assembly more shrinkingly, nor with greater distrust of my ability, than I do this day. A feeling has crept over me, quite unfavorable to the exercise of my limited powers of speech. The task before me is one which requires much previous thought and study for its proper performance. I know that apologies of this sort are generally considered flat and unmeaning. I trust, however, that mine will not be so considered. Should I seem at ease, my appearance would much misrepresent me. The little experience I have had in addressing public meetings, in country schoolhouses, avails me nothing on the present occasion. [Portrait source: Wikimedia Commons; Douglass at 37; he was 34 when he delivered this address.]

The papers and placards say, that I am to deliver a 4th [of] July oration. This certainly sounds large, and out of the common way, for it is true that I have often had the privilege to speak in this beautiful Hall, and to address many who now honor me with their presence. But neither their familiar faces, nor the perfect gage I think I have of Corinthian Hall, seems to free me from embarrassment.

The fact is, ladies and gentlemen, the distance between this platform and the slave plantation, from which I escaped, is considerable — and the difficulties to be overcome in getting from the latter to the former, are by no means slight. That I am here to-day is, to me, a matter of astonishment as well as of gratitude. You will not, therefore, be surprised, if in what I have to say I evince no elaborate preparation, nor grace my speech with any high sounding exordium. With little experience and with less learning, I have been able to throw my thoughts hastily and imperfectly together; and trusting to your patient and generous indulgence, I will proceed to lay them before you.

This, for the purpose of this celebration, is the 4th of July. It is the birthday of your National Independence, and of your political freedom. This, to you, is what the Passover was to the emancipated people of God. It carries your minds back to the day, and to the act of your great deliverance; and to the signs, and to the wonders, associated with that act, and that day. This celebration also marks the beginning of another year of your national life; and reminds you that the Republic of America is now 76 years old. I am glad, fellow-citizens, that your nation is so young. Seventy-six years, though a good old age for a man, is but a mere speck in the life of a nation. Three score years and ten is the allotted time for individual men; but nations number their years by

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thousands. According to this fact, you are, even now, only in the beginning of your national career, still lingering in the period of childhood. I repeat, I am glad this is so. There is hope in the thought, and hope is much needed, under the dark clouds which lower above the horizon. The eye of the reformer is met with angry flashes, portending disastrous times; but his heart may well beat lighter at the thought that America is young, and that she is still in the impressible stage of her existence. May he not hope that high lessons of wisdom, of justice and of truth, will yet give direction to her destiny? Were the nation older, the patriot’s heart might be sadder, and the reformer’s brow heavier. Its future might be shrouded in gloom, and the hope of its prophets go out in sorrow. There is consolation in the thought that America is young. Great streams are not easily turned from channels, worn deep in the course of ages. They may sometimes rise in quiet and stately majesty, and inundate the land, refreshing and fertilizing the earth with their mysterious properties. They may also rise in wrath and fury, and bear away, on their angry waves, the accumulated wealth of years of toil and hardship. They, however, gradually flow back to the same old channel, and flow on as serenely as ever. But, while the river may not be turned aside, it may dry up, and leave nothing behind but the withered branch, and the unsightly rock, to howl in the abyss-sweeping wind, the sad tale of departed glory. As with rivers so with nations.

Fellow-citizens, I shall not presume to dwell at length on the associations that cluster about this day. The simple story of it is that, 76 years ago, the people of this country were British subjects. The style and title of your “sovereign people” (in which you now glory) was not then born. You were under the British Crown. Your fathers esteemed the English Government as the home government; and England as the fatherland. This home government, you know, although a considerable distance from your home, did, in the exercise of its parental prerogatives, impose upon its colonial children, such restraints, burdens and limitations, as, in its mature judgment, it deemed wise, right and proper.

But, your fathers, who had not adopted the fashionable idea of this day, of the infallibility of government, and the absolute character of its acts, presumed to differ from the home government in respect to the wisdom and the justice of some of those burdens and restraints. They went so far in their excitement as to pronounce the measures of government unjust, unreasonable, and oppressive, and altogether such as ought not to be quietly submitted to. I scarcely need say, fellowcitizens, that my opinion of those measures fully accords with that of your fathers. Such a declaration of agreement on my part would not be worth much to anybody. It would, certainly, prove nothing, as to what part I might have taken, had I lived during the great controversy of 1776. To say now that America was right, and England wrong, is exceedingly easy. Everybody can say it; the dastard, not less than the noble brave, can flippantly discant on the tyranny of England towards the American Colonies. It is fashionable to do so; but there was a time when to pronounce against England, and in favor of the cause of the colonies, tried men’s souls. They who did so were

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accounted in their day, plotters of mischief, agitators and rebels, dangerous men. To side with the right, against the wrong, with the weak against the strong, and with the oppressed against the oppressor! here lies the merit, and the one which, of all others, seems unfashionable in our day. The cause of liberty may be stabbed by the men who glory in the deeds of your fathers. But, to proceed.

Feeling themselves harshly and unjustly treated by the home government, your fathers, like men of honesty, and men of spirit, earnestly sought redress. They petitioned and remonstrated; they did so in a decorous, respectful, and loyal manner. Their conduct was wholly unexceptionable. This, however, did not answer the purpose. They saw themselves treated with sovereign indifference, coldness and scorn. Yet they persevered. They were not the men to look back.

As the sheet anchor takes a firmer hold, when the ship is tossed by the storm, so did the cause of your fathers grow stronger, as it breasted the chilling blasts of kingly displeasure. The greatest and best of British statesmen admitted its justice, and the loftiest eloquence of the British Senate came to its support. But, with that blindness which seems to be the unvarying characteristic of tyrants, since Pharaoh and his hosts were drowned in the Red Sea, the British Government persisted in the exactions complained of.

The madness of this course, we believe, is admitted now, even by England; but we fear the lesson is wholly lost on our present ruler. Oppression makes a wise man mad. Your fathers were wise men, and if they did not go mad, they became restive under this treatment. They felt themselves the victims of grievous wrongs, wholly incurable in their colonial capacity. With brave men there is always a remedy for oppression. Just here, the idea of a total separation of the colonies from the crown was born! It was a startling idea, much more so, than we, at this distance of time, regard it. The timid and the prudent (as has been intimated) of that day, were, of course, shocked and alarmed by it.

Such people lived then, had lived before, and will, probably, ever have a place on this planet; and their course, in respect to any great change, (no matter how great the good to be attained, or the wrong to be redressed by it), may be calculated with as much precision as can be the course of the stars. They hate all changes, but silver, gold and copper change! Of this sort of change they are always strongly in favor.

These people were called Tories in the days of your fathers; and the appellation, probably, conveyed the same idea that is meant by a more modern, though a somewhat less euphonious term, which we often find in our papers, applied to some of our old politicians.

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Their opposition to the then dangerous thought was earnest and powerful; but, amid all their terror and affrighted vociferations against it, the alarming and revolutionary idea moved on, and the country with it.

On the 2d of July, 1776, the old Continental Congress, to the dismay of the lovers of ease, and the worshipers of property, clothed that dreadful idea with all the authority of national sanction. They did so in the form of a resolution; and as we seldom hit upon resolutions, drawn up in our day whose transparency is at all equal to this, it may refresh your minds and help my story if I read it. “Resolved, That these united colonies are, and of right, ought to be free and Independent States; that they are absolved from all allegiance to the British Crown; and that all political connection between them and the State of Great Britain is, and ought to be, dissolved.”

Citizens, your fathers made good that resolution. They succeeded; and to-day you reap the fruits of their success. The freedom gained is yours; and you, therefore, may properly celebrate this anniversary. The 4th of July is the first great fact in your nation’s history — the very ring-bolt in the chain of your yet undeveloped destiny.

Pride and patriotism, not less than gratitude, prompt you to celebrate and to hold it in perpetual remembrance. I have said that the Declaration of Independence is the ring-bolt to the chain of your nation’s destiny; so, indeed, I regard it. The principles contained in that instrument are saving principles. Stand by those principles, be true to them on all occasions, in all places, against all foes, and at whatever cost.

From the round top of your ship of state, dark and threatening clouds may be seen. Heavy billows, like mountains in the distance, disclose to the leeward huge forms of flinty rocks! That bolt drawn, that chain broken, and all is lost. Cling to this day — cling to it, and to its principles, with the grasp of a storm-tossed mariner to a spar at midnight.

The coming into being of a nation, in any circumstances, is an interesting event. But, besides general considerations, there were peculiar circumstances which make the advent of this republic an event of special attractiveness.

The whole scene, as I look back to it, was simple, dignified and sublime.

The population of the country, at the time, stood at the insignificant number of three millions. The country was poor in the munitions of war. The population was weak and scattered, and the country a wilderness unsubdued. There were then no means of concert and combination, such as exist now. Neither steam nor lightning had then been reduced to order and discipline. From the Potomac to

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the Delaware was a journey of many days. Under these, and innumerable other disadvantages, your fathers declared for liberty and independence and triumphed.

Fellow Citizens, I am not wanting in respect for the fathers of this republic. The signers of the Declaration of Independence were brave men. They were great men too — great enough to give fame to a great age. It does not often happen to a nation to raise, at one time, such a number of truly great men. The point from which I am compelled to view them is not, certainly, the most favorable; and yet I cannot contemplate their great deeds with less than admiration. They were statesmen, patriots and heroes, and for the good they did, and the principles they contended for, I will unite with you to honor their memory.

They loved their country better than their own private interests; and, though this is not the highest form of human excellence, all will concede that it is a rare virtue, and that when it is exhibited, it ought to command respect. He who will, intelligently, lay down his life for his country, is a man whom it is not in human nature to despise. Your fathers staked their lives, their fortunes, and their sacred honor, on the cause of their country. In their admiration of liberty, they lost sight of all other interests.

They were peace men; but they preferred revolution to peaceful submission to bondage. They were quiet men; but they did not shrink from agitating against oppression. They showed forbearance; but that they knew its limits. They believed in order; but not in the order of tyranny. With them, nothing was “settled” that was not right. With them, justice, liberty and humanity were “final;” not slavery and oppression. You may well cherish the memory of such men. They were great in their day and generation. Their solid manhood stands out the more as we contrast it with these degenerate times.

How circumspect, exact and proportionate were all their movements! How unlike the politicians of an hour! Their statesmanship looked beyond the passing moment, and stretched away in strength into the distant future. They seized upon eternal principles, and set a glorious example in their defense. Mark them!

Fully appreciating the hardship to be encountered, firmly believing in the right of their cause, honorably inviting the scrutiny of an on-looking world, reverently appealing to heaven to attest their sincerity, soundly comprehending the solemn responsibility they were about to assume, wisely measuring the terrible odds against them, your fathers, the fathers of this republic, did, most deliberately, under the inspiration of a glorious patriotism, and with a sublime faith in the great principles of justice and freedom, lay deep the corner-stone of the national superstructure, which has risen and still rises in grandeur around you.

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Of this fundamental work, this day is the anniversary. Our eyes are met with demonstrations of joyous enthusiasm. Banners and pennants wave exultingly on the breeze. The din of business, too, is hushed. Even Mammon seems to have quitted his grasp on this day. The ear-piercing fife and the stirring drum unite their accents with the ascending peal of a thousand church bells. Prayers are made, hymns are sung, and sermons are preached in honor of this day; while the quick martial tramp of a great and multitudinous nation, echoed back by all the hills, valleys and mountains of a vast continent, bespeak the occasion one of thrilling and universal interest — a nation’s jubilee.

Friends and citizens, I need not enter further into the causes which led to this anniversary. Many of you understand them better than I do. You could instruct me in regard to them. That is a branch of knowledge in which you feel, perhaps, a much deeper interest than your speaker. The causes which led to the separation of the colonies from the British crown have never lacked for a tongue. They have all been taught in your common schools, narrated at your firesides, unfolded from your pulpits, and thundered from your legislative halls, and are as familiar to you as household words. They form the staple of your national poetry and eloquence.

I remember, also, that, as a people, Americans are remarkably familiar with all facts which make in their own favor. This is esteemed by some as a national trait — perhaps a national weakness. It is a fact, that whatever makes for the wealth or for the reputation of Americans, and can be had cheap! will be found by Americans. I shall not be charged with slandering Americans, if I say I think the American side of any question may be safely left in American hands.

I leave, therefore, the great deeds of your fathers to other gentlemen whose claim to have been regularly descended will be less likely to be disputed than mine!

My business, if I have any here to-day, is with the present. The accepted time with God and his cause is the ever-living now.

Trust no future, however pleasant,
Let the dead past bury its dead;
Act, act in the living present,
Heart within, and God overhead
.

We have to do with the past only as we can make it useful to the present and to the future. To all inspiring motives, to noble deeds which can be gained from the past, we are welcome. But now is the time, the important time. Your fathers have lived, died, and have done their work, and have done much of it well. You live and must die, and you must do your work. You have no right to enjoy a child’s share in the labor of your fathers, unless your children are to be blest by your labors. You

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have no right to wear out and waste the hard-earned fame of your fathers to cover your indolence. Sydney Smith tells us that men seldom eulogize the wisdom and virtues of their fathers, but to excuse some folly or wickedness of their own. This truth is not a doubtful one. There are illustrations of it near and remote, ancient and modern. It was fashionable, hundreds of years ago, for the children of Jacob to boast, we have “Abraham to our father,” when they had long lost Abraham’s faith and spirit. That people contented themselves under the shadow of Abraham’s great name, while they repudiated the deeds which made his name great. Need I remind you that a similar thing is being done all over this country to-day? Need I tell you that the Jews are not the only people who built the tombs of the prophets, and garnished the sepulchres of the righteous? Washington could not die till he had broken the chains of his slaves. Yet his monument is built up by the price of human blood, and the traders in the bodies and souls of men shout — “We have Washington to our father.” — Alas! that it should be so; yet so it is.

The evil that men do, lives after them, The good is oft-interred with their bones.

Fellow-citizens, pardon me, allow me to ask, why am I called upon to speak here to-day? What have I, or those I represent, to do with your national independence? Are the great principles of political freedom and of natural justice, embodied in that Declaration of Independence, extended to us? and am I, therefore, called upon to bring our humble offering to the national altar, and to confess the benefits and express devout gratitude for the blessings resulting from your independence to us?

Would to God, both for your sakes and ours, that an affirmative answer could be truthfully returned to these questions! Then would my task be light, and my burden easy and delightful. For who is there so cold, that a nation’s sympathy could not warm him? Who so obdurate and dead to the claims of gratitude, that would not thankfully acknowledge such priceless benefits? Who so stolid and selfish, that would not give his voice to swell the hallelujahs of a nation’s jubilee, when the chains of servitude had been torn from his limbs? I am not that man. In a case like that, the dumb might eloquently speak, and the “lame man leap as an hart.”

But, such is not the state of the case. I say it with a sad sense of the disparity between us. I am not included within the pale of this glorious anniversary! Your high independence only reveals the immeasurable distance between us. The blessings in which you, this day, rejoice, are not enjoyed in common. — The rich inheritance of justice, liberty, prosperity and independence, bequeathed by your fathers, is shared by you, not by me. The sunlight that brought life and healing to you, has brought stripes and death to me. This Fourth [of] July is yours, not mine. You may rejoice, I must mourn. To drag a man in fetters into the grand illuminated temple of liberty, and call upon him to join you in joyous anthems, were inhuman mockery and sacrilegious irony. Do you mean, citizens, to mock me, by asking me to speak to-day? If so, there is a parallel to your conduct. And let me warn

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you that it is dangerous to copy the example of a nation whose crimes, lowering up to heaven, were thrown down by the breath of the Almighty, burying that nation in irrecoverable ruin! I can to-day take up the plaintive lament of a peeled and woe-smitten people!

“By the rivers of Babylon, there we sat down. Yea! we wept when we remembered Zion. We hanged our harps upon the willows in the midst thereof. For there, they that carried us away captive, required of us a song; and they who wasted us required of us mirth, saying, Sing us one of the songs of Zion. How can we sing the Lord’s song in a strange land? If I forget thee, O Jerusalem, let my right hand forget her cunning. If I do not remember thee, let my tongue cleave to the roof of my mouth.”

Fellow-citizens; above your national, tumultuous joy, I hear the mournful wail of millions! whose chains, heavy and grievous yesterday, are, to-day, rendered more intolerable by the jubilee shouts that reach them. If I do forget, if I do not faithfully remember those bleeding children of sorrow this day, “may my right hand forget her cunning, and may my tongue cleave to the roof of my mouth!” To forget them, to pass lightly over their wrongs, and to chime in with the popular theme, would be treason most scandalous and shocking, and would make me a reproach before God and the world. My subject, then fellow-citizens, is AMERICAN SLAVERY. I shall see, this day, and its popular characteristics, from the slave’s point of view. Standing, there, identified with the American bondman, making his wrongs mine, I do not hesitate to declare, with all my soul, that the character and conduct of this nation never looked blacker to me than on this 4th of July! Whether we turn to the declarations of the past, or to the professions of the present, the conduct of the nation seems equally hideous and revolting. America is false to the past, false to the present, and solemnly binds herself to be false to the future. Standing with God and the crushed and bleeding slave on this occasion, I will, in the name of humanity which is outraged, in the name of liberty which is fettered, in the name of the constitution and the Bible, which are disregarded and trampled upon, dare to call in question and to denounce, with all the emphasis I can command, everything that serves to perpetuate slavery — the great sin and shame of America! “I will not equivocate; I will not excuse;” I will use the severest language I can command; and yet not one word shall escape me that any man, whose judgment is not blinded by prejudice, or who is not at heart a slaveholder, shall not confess to be right and just.

But I fancy I hear some one of my audience say, it is just in this circumstance that you and your brother abolitionists fail to make a favorable impression on the public mind. Would you argue more, and denounce less, would you persuade more, and rebuke less, your cause would be much more likely to succeed. But, I submit, where all is plain there is nothing to be argued. What point in the anti-slavery creed would you have me argue? On what branch of the subject do the people of this country need light? Must I undertake to prove that the slave is a man? That point is conceded already. Nobody doubts it. The slaveholders themselves acknowledge it in the enactment of laws for

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their government. They acknowledge it when they punish disobedience on the part of the slave. There are seventy-two crimes in the State of Virginia, which, if committed by a black man, (no matter how ignorant he be), subject him to the punishment of death; while only two of the same crimes will subject a white man to the like punishment. What is this but the acknowledgement that the slave is a moral, intellectual and responsible being? The manhood of the slave is conceded. It is admitted in the fact that Southern statute books are covered with enactments forbidding, under severe fines and penalties, the teaching of the slave to read or to write. When you can point to any such laws, in reference to the beasts of the field, then I may consent to argue the manhood of the slave. When the dogs in your streets, when the fowls of the air, when the cattle on your hills, when the fish of the sea, and the reptiles that crawl, shall be unable to distinguish the slave from a brute, then will I argue with you that the slave is a man!

For the present, it is enough to affirm the equal manhood of the Negro race. Is it not astonishing that, while we are ploughing, planting and reaping, using all kinds of mechanical tools, erecting houses, constructing bridges, building ships, working in metals of brass, iron, copper, silver and gold; that, while we are reading, writing and cyphering, acting as clerks, merchants and secretaries, having among us lawyers, doctors, ministers, poets, authors, editors, orators and teachers; that, while we are engaged in all manner of enterprises common to other men, digging gold in California, capturing the whale in the Pacific, feeding sheep and cattle on the hill-side, living, moving, acting, thinking, planning, living in families as husbands, wives and children, and, above all, confessing and worshipping the Christian’s God, and looking hopefully for life and immortality beyond the grave, we are called upon to prove that we are men!

Would you have me argue that man is entitled to liberty? that he is the rightful owner of his own body? You have already declared it. Must I argue the wrongfulness of slavery? Is that a question for Republicans? Is it to be settled by the rules of logic and argumentation, as a matter beset with great difficulty, involving a doubtful application of the principle of justice, hard to be understood? How should I look to-day, in the presence of Americans, dividing, and subdividing a discourse, to show that men have a natural right to freedom? speaking of it relatively, and positively, negatively, and affirmatively. To do so, would be to make myself ridiculous, and to offer an insult to your understanding. — There is not a man beneath the canopy of heaven, that does not know that slavery is wrong for him.

What, am I to argue that it is wrong to make men brutes, to rob them of their liberty, to work them without wages, to keep them ignorant of their relations to their fellow men, to beat them with sticks, to flay their flesh with the lash, to load their limbs with irons, to hunt them with dogs, to sell them at auction, to sunder their families, to knock out their teeth, to bum their flesh, to starve them into obedience and submission to their masters? Must I argue that a system thus marked with

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blood, and stained with pollution, is wrong? No! I will not. I have better employments for my time and strength than such arguments would imply.

What, then, remains to be argued? Is it that slavery is not divine; that God did not establish it; that our doctors of divinity are mistaken? There is blasphemy in the thought. That which is inhuman, cannot be divine! Who can reason on such a proposition? They that can, may; I cannot. The time for such argument is passed.

At a time like this, scorching irony, not convincing argument, is needed. O! had I the ability, and could I reach the nation’s ear, I would, to-day, pour out a fiery stream of biting ridicule, blasting reproach, withering sarcasm, and stern rebuke. For it is not light that is needed, but fire; it is not the gentle shower, but thunder. We need the storm, the whirlwind, and the earthquake. The feeling of the nation must be quickened; the conscience of the nation must be roused; the propriety of the nation must be startled; the hypocrisy of the nation must be exposed; and its crimes against God and man must be proclaimed and denounced.

What, to the American slave, is your 4th of July? I answer: a day that reveals to him, more than all other days in the year, the gross injustice and cruelty to which he is the constant victim. To him, your celebration is a sham; your boasted liberty, an unholy license; your national greatness, swelling vanity; your sounds of rejoicing are empty and heartless; your denunciations of tyrants, brass fronted impudence; your shouts of liberty and equality, hollow mockery; your prayers and hymns, your sermons and thanksgivings, with all your religious parade, and solemnity, are, to him, mere bombast, fraud, deception, impiety, and hypocrisy — a thin veil to cover up crimes which would disgrace a nation of savages. There is not a nation on the earth guilty of practices, more shocking and bloody, than are the people of these United States, at this very hour.

Go where you may, search where you will, roam through all the monarchies and despotisms of the old world, travel through South America, search out every abuse, and when you have found the last, lay your facts by the side of the everyday practices of this nation, and you will say with me, that, for revolting barbarity and shameless hypocrisy, America reigns without a rival.

Take the American slave-trade, which, we are told by the papers, is especially prosperous just now. Ex-Senator Benton tells us that the price of men was never higher than now. He mentions the fact to show that slavery is in no danger. This trade is one of the peculiarities of American institutions. It is carried on in all the large towns and cities in one-half of this confederacy; and millions are pocketed every year, by dealers in this horrid traffic. In several states, this trade is a chief source of wealth. It is called (in contradistinction to the foreign slave-trade) “the internal slave trade.” It is, probably, called so, too, in order to divert from it the horror with which the foreign slave-trade is

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contemplated. That trade has long since been denounced by this government, as piracy. It has been denounced with burning words, from the high places of the nation, as an execrable traffic. To arrest it, to put an end to it, this nation keeps a squadron, at immense cost, on the coast of Africa. Everywhere, in this country, it is safe to speak of this foreign slave-trade, as a most inhuman traffic, opposed alike to the laws of God and of man. The duty to extirpate and destroy it, is admitted even by our DOCTORS OF DIVINITY. In order to put an end to it, some of these last have consented that their colored brethren (nominally free) should leave this country, and establish themselves on the western coast of Africa! It is, however, a notable fact that, while so much execration is poured out by Americans upon those engaged in the foreign slave-trade, the men engaged in the slave-trade between the states pass without condemnation, and their business is deemed honorable.

Behold the practical operation of this internal slave-trade, the American slave-trade, sustained by American politics and America religion. Here you will see men and women reared like swine for the market. You know what is a swine-drover? I will show you a man-drover. They inhabit all our Southern States. They perambulate the country, and crowd the highways of the nation, with droves of human stock. You will see one of these human flesh-jobbers, armed with pistol, whip and bowieknife, driving a company of a hundred men, women, and children, from the Potomac to the slave market at New Orleans. These wretched people are to be sold singly, or in lots, to suit purchasers. They are food for the cotton-field, and the deadly sugar-mill. Mark the sad procession, as it moves wearily along, and the inhuman wretch who drives them. Hear his savage yells and his bloodchilling oaths, as he hurries on his affrighted captives! There, see the old man, with locks thinned and gray. Cast one glance, if you please, upon that young mother, whose shoulders are bare to the scorching sun, her briny tears falling on the brow of the babe in her arms. See, too, that girl of thirteen, weeping, yes! weeping, as she thinks of the mother from whom she has been torn! The drove moves tardily. Heat and sorrow have nearly consumed their strength; suddenly you hear a quick snap, like the discharge of a rifle; the fetters clank, and the chain rattles simultaneously; your ears are saluted with a scream, that seems to have torn its way to the center of your soul! The crack you heard, was the sound of the slave-whip; the scream you heard, was from the woman you saw with the babe. Her speed had faltered under the weight of her child and her chains! that gash on her shoulder tells her to move on. Follow the drove to New Orleans. Attend the auction; see men examined like horses; see the forms of women rudely and brutally exposed to the shocking gaze of American slave-buyers. See this drove sold and separated forever; and never forget the deep, sad sobs that arose from that scattered multitude. Tell me citizens, WHERE, under the sun, you can witness a spectacle more fiendish and shocking. Yet this is but a glance at the American slave-trade, as it exists, at this moment, in the ruling part of the United States.

I was born amid such sights and scenes. To me the American slave-trade is a terrible reality. When a child, my soul was often pierced with a sense of its horrors. I lived on Philpot Street, Fell’s Point,

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Baltimore, and have watched from the wharves, the slave ships in the Basin, anchored from the shore, with their cargoes of human flesh, waiting for favorable winds to waft them down the Chesapeake. There was, at that time, a grand slave mart kept at the head of Pratt Street, by Austin Woldfolk. His agents were sent into every town and county in Maryland, announcing their arrival, through the papers, and on flaming “hand-bills,” headed CASH FOR NEGROES. These men were generally well dressed men, and very captivating in their manners. Ever ready to drink, to treat, and to gamble. The fate of many a slave has depended upon the turn of a single card; and many a child has been snatched from the arms of its mother by bargains arranged in a state of brutal drunkenness.

The flesh-mongers gather up their victims by dozens, and drive them, chained, to the general depot at Baltimore. When a sufficient number have been collected here, a ship is chartered, for the purpose of conveying the forlorn crew to Mobile, or to New Orleans. From the slave prison to the ship, they are usually driven in the darkness of night; for since the antislavery agitation, a certain caution is observed.

In the deep still darkness of midnight, I have been often aroused by the dead heavy footsteps, and the piteous cries of the chained gangs that passed our door. The anguish of my boyish heart was intense; and I was often consoled, when speaking to my mistress in the morning, to hear her say that the custom was very wicked; that she hated to hear the rattle of the chains, and the heartrending cries. I was glad to find one who sympathized with me in my horror.

Fellow-citizens, this murderous traffic is, to-day, in active operation in this boasted republic. In the solitude of my spirit, I see clouds of dust raised on the highways of the South; I see the bleeding footsteps; I hear the doleful wail of fettered humanity, on the way to the slave-markets, where the victims are to be sold like horses, sheep, and swine, knocked off to the highest bidder. There I see the tenderest ties ruthlessly broken, to gratify the lust, caprice and rapacity of the buyers and sellers of men. My soul sickens at the sight.

Is this the land your Fathers loved,
The freedom which they toiled to win?
Is this the earth whereon they moved?
Are these the graves they slumber in?


But a still more inhuman, disgraceful, and scandalous state of things remains to be presented. By an act of the American Congress, not yet two years old, slavery has been nationalized in its most horrible and revolting form. By that act, Mason and Dixon’s line has been obliterated; New York has become as Virginia; and the power to hold, hunt, and sell men, women, and children as slaves

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remains no longer a mere state institution, but is now an institution of the whole United States. The power is co-extensive with the Star-Spangled Banner and American Christianity. Where these go, may also go the merciless slave-hunter. Where these are, man is not sacred. He is a bird for the sportsman’s gun. By that most foul and fiendish of all human decrees, the liberty and person of every man are put in peril. Your broad republican domain is hunting ground for men. Not for thieves and robbers, enemies of society, merely, but for men guilty of no crime. Your lawmakers have commanded all good citizens to engage in this hellish sport. Your President, your Secretary of State, our lords, nobles, and ecclesiastics, enforce, as a duty you owe to your free and glorious country, and to your God, that you do this accursed thing. Not fewer than forty Americans have, within the past two years, been hunted down and, without a moment’s warning, hurried away in chains, and consigned to slavery and excruciating torture. Some of these have had wives and children, dependent on them for bread; but of this, no account was made. The right of the hunter to his prey stands superior to the right of marriage, and to all rights in this republic, the rights of God included! For black men there are neither law, justice, humanity, not religion. The Fugitive Slave Law makes mercy to them a crime; and bribes the judge who tries them. An American judge gets ten dollars for every victim he consigns to slavery, and five, when he fails to do so. The oath of any two villains is sufficient, under this hell-black enactment, to send the most pious and exemplary black man into the remorseless jaws of slavery! His own testimony is nothing. He can bring no witnesses for himself. The minister of American justice is bound by the law to hear but one side; and that side, is the side of the oppressor. Let this damning fact be perpetually told. Let it be thundered around the world, that, in tyrant-killing, king-hating, people-loving, democratic, Christian America, the seats of justice are filled with judges, who hold their offices under an open and palpable bribe, and are bound, in deciding in the case of a man’s liberty, hear only his accusers!

In glaring violation of justice, in shameless disregard of the forms of administering law, in cunning arrangement to entrap the defenseless, and in diabolical intent, this Fugitive Slave Law stands alone in the annals of tyrannical legislation. I doubt if there be another nation on the globe, having the brass and the baseness to put such a law on the statute-book. If any man in this assembly thinks differently from me in this matter, and feels able to disprove my statements, I will gladly confront him at any suitable time and place he may select.

I take this law to be one of the grossest infringements of Christian Liberty, and, if the churches and ministers of our country were not stupidly blind, or most wickedly indifferent, they, too, would so regard it.

At the very moment that they are thanking God for the enjoyment of civil and religious liberty, and for the right to worship God according to the dictates of their own consciences, they are utterly silent in respect to a law which robs religion of its chief significance, and makes it utterly worthless

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to a world lying in wickedness. Did this law concern the “mint, anise, and cumin” — abridge the right to sing psalms, to partake of the sacrament, or to engage in any of the ceremonies of religion, it would be smitten by the thunder of a thousand pulpits. A general shout would go up from the church, demanding repeal, repeal, instant repeal! — And it would go hard with that politician who presumed to solicit the votes of the people without inscribing this motto on his banner. Further, if this demand were not complied with, another Scotland would be added to the history of religious liberty, and the stern old Covenanters would be thrown into the shade. A John Knox would be seen at every church door, and heard from every pulpit, and Fillmore would have no more quarter than was shown by Knox, to the beautiful, but treacherous queen Mary of Scotland. The fact that the church of our country, (with fractional exceptions), does not esteem “the Fugitive Slave Law” as a declaration of war against religious liberty, implies that that church regards religion simply as a form of worship, an empty ceremony, and not a vital principle, requiring active benevolence, justice, love and good will towards man. It esteems sacrifice above mercy; psalm-singing above right doing; solemn meetings above practical righteousness. A worship that can be conducted by persons who refuse to give shelter to the houseless, to give bread to the hungry, clothing to the naked, and who enjoin obedience to a law forbidding these acts of mercy, is a curse, not a blessing to mankind. The Bible addresses all such persons as “scribes, Pharisees, hypocrites, who pay tithe of mint, anise, and cumin, and have omitted the weightier matters of the law, judgment, mercy and faith.”

But the church of this country is not only indifferent to the wrongs of the slave, it actually takes sides with the oppressors. It has made itself the bulwark of American slavery, and the shield of American slave-hunters. Many of its most eloquent Divines. who stand as the very lights of the church, have shamelessly given the sanction of religion and the Bible to the whole slave system. They have taught that man may, properly, be a slave; that the relation of master and slave is ordained of God; that to send back an escaped bondman to his master is clearly the duty of all the followers of the Lord Jesus Christ; and this horrible blasphemy is palmed off upon the world for Christianity.

For my part, I would say, welcome infidelity! welcome atheism! welcome anything! in preference to the gospel, as preached by those Divines! They convert the very name of religion into an engine of tyranny, and barbarous cruelty, and serve to confirm more infidels, in this age, than all the infidel writings of Thomas Paine, Voltaire, and Bolingbroke, put together, have done! These ministers make religion a cold and flinty-hearted thing, having neither principles of right action, nor bowels of compassion. They strip the love of God of its beauty, and leave the throng of religion a huge, horrible, repulsive form. It is a religion for oppressors, tyrants, man-stealers, and thugs. It is not that “pure and undefiled religion” which is from above, and which is “first pure, then peaceable, easy to be entreated, full of mercy and good fruits, without partiality, and without hypocrisy.” But a religion which favors the rich against the poor; which exalts the proud above the humble; which

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divides mankind into two classes, tyrants and slaves; which says to the man in chains, stay there; and to the oppressor, oppress on; it is a religion which may be professed and enjoyed by all the robbers and enslavers of mankind; it makes God a respecter of persons, denies his fatherhood of the race, and tramples in the dust the great truth of the brotherhood of man. All this we affirm to be true of the popular church, and the popular worship of our land and nation — a religion, a church, and a worship which, on the authority of inspired wisdom, we pronounce to be an abomination in the sight of God. In the language of Isaiah, the American church might be well addressed, “Bring no more vain ablations; incense is an abomination unto me: the new moons and Sabbaths, the calling of assemblies, I cannot away with; it is iniquity even the solemn meeting. Your new moons and your appointed feasts my soul hateth. They are a trouble to me; I am weary to bear them; and when ye spread forth your hands I will hide mine eyes from you. Yea! when ye make many prayers, I will not hear. YOUR HANDS ARE FULL OF BLOOD; cease to do evil, learn to do well; seek judgment; relieve the oppressed; judge for the fatherless; plead for the widow.”

The American church is guilty, when viewed in connection with what it is doing to uphold slavery; but it is superlatively guilty when viewed in connection with its ability to abolish slavery. The sin of which it is guilty is one of omission as well as of commission. Albert Barnes but uttered what the common sense of every man at all observant of the actual state of the case will receive as truth, when he declared that “There is no power out of the church that could sustain slavery an hour, if it were not sustained in it.”

Let the religious press, the pulpit, the Sunday school, the conference meeting, the great ecclesiastical, missionary, Bible and tract associations of the land array their immense powers against slavery and slave-holding; and the whole system of crime and blood would be scattered to the winds; and that they do not do this involves them in the most awful responsibility of which the mind can conceive.

In prosecuting the anti-slavery enterprise, we have been asked to spare the church, to spare the ministry; but how, we ask, could such a thing be done? We are met on the threshold of our efforts for the redemption of the slave, by the church and ministry of the country, in battle arrayed against us; and we are compelled to fight or flee. From what quarter, I beg to know, has proceeded a fire so deadly upon our ranks, during the last two years, as from the Northern pulpit? As the champions of oppressors, the chosen men of American theology have appeared — men, honored for their socalled piety, and their real learning. The Lords of Buffalo, the Springs of New York, the Lathrops of Auburn, the Coxes and Spencers of Brooklyn, the Gannets and Sharps of Boston, the Deweys of Washington, and other great religious lights of the land have, in utter denial of the authority of Him by whom they professed to be called to the ministry, deliberately taught us, against the example or

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the Hebrews and against the remonstrance of the Apostles, they teach that we ought to obey man’s law before the law of God.

My spirit wearies of such blasphemy; and how such men can be supported, as the “standing types and representatives of Jesus Christ,” is a mystery which I leave others to penetrate. In speaking of the American church, however, let it be distinctly understood that I mean the great mass of the religious organizations of our land. There are exceptions, and I thank God that there are. Noble men may be found, scattered all over these Northern States, of whom Henry Ward Beecher of Brooklyn, Samuel J. May of Syracuse, and my esteemed friend (Rev. R. R. Raymond) on the platform, are shining examples; and let me say further, that upon these men lies the duty to inspire our ranks with high religious faith and zeal, and to cheer us on in the great mission of the slave’s redemption from his chains.

One is struck with the difference between the attitude of the American church towards the antislavery movement, and that occupied by the churches in England towards a similar movement in that country. There, the church, true to its mission of ameliorating, elevating, and improving the condition of mankind, came forward promptly, bound up the wounds of the West Indian slave, and restored him to his liberty. There, the question of emancipation was a high religious question. It was demanded, in the name of humanity, and according to the law of the living God. The Sharps, the Clarksons, the Wilberforces, the Buxtons, and Burchells and the Knibbs, were alike famous for their piety, and for their philanthropy. The anti-slavery movement there was not an anti-church movement, for the reason that the church took its full share in prosecuting that movement: and the anti-slavery movement in this country will cease to be an anti-church movement, when the church of this country shall assume a favorable, instead of a hostile position towards that movement. Americans! your republican politics, not less than your republican religion, are flagrantly inconsistent. You boast of your love of liberty, your superior civilization, and your pure Christianity, while the whole political power of the nation (as embodied in the two great political parties), is solemnly pledged to support and perpetuate the enslavement of three millions of your countrymen. You hurl your anathemas at the crowned headed tyrants of Russia and Austria, and pride yourselves on your Democratic institutions, while you yourselves consent to be the mere tools and body-guards of the tyrants of Virginia and Carolina. You invite to your shores fugitives of oppression from abroad, honor them with banquets, greet them with ovations, cheer them, toast them, salute them, protect them, and pour out your money to them like water; but the fugitives from your own land you advertise, hunt, arrest, shoot and kill. You glory in your refinement and your universal education yet you maintain a system as barbarous and dreadful as ever stained the character of a nation — a system begun in avarice, supported in pride, and perpetuated in cruelty. You shed tears over fallen Hungary, and make the sad story of her wrongs the theme of your poets, statesmen and orators, till your gallant sons are ready to fly to arms to vindicate her cause against her oppressors;

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but, in regard to the ten thousand wrongs of the American slave, you would enforce the strictest silence, and would hail him as an enemy of the nation who dares to make those wrongs the subject of public discourse! You are all on fire at the mention of liberty for France or for Ireland; but are as cold as an iceberg at the thought of liberty for the enslaved of America. You discourse eloquently on the dignity of labor; yet, you sustain a system which, in its very essence, casts a stigma upon labor. You can bare your bosom to the storm of British artillery to throw off a threepenny tax on tea; and yet wring the last hard-earned farthing from the grasp of the black laborers of your country. You profess to believe “that, of one blood, God made all nations of men to dwell on the face of all the earth,” and hath commanded all men, everywhere to love one another; yet you notoriously hate, (and glory in your hatred), all men whose skins are not colored like your own. You declare, before the world, and are understood by the world to declare, that you “hold these truths to be self evident, that all men are created equal; and are endowed by their Creator with certain inalienable rights; and that, among these are, life, liberty, and the pursuit of happiness;” and yet, you hold securely, in a bondage which, according to your own Thomas Jefferson, “is worse than ages of that which your fathers rose in rebellion to oppose,” a seventh part of the inhabitants of your country.

Fellow-citizens! I will not enlarge further on your national inconsistencies. The existence of slavery in this country brands your republicanism as a sham, your humanity as a base pretence, and your Christianity as a lie. It destroys your moral power abroad; it corrupts your politicians at home. It saps the foundation of religion; it makes your name a hissing, and a bye-word to a mocking earth. It is the antagonistic force in your government, the only thing that seriously disturbs and endangers your Union. It fetters your progress; it is the enemy of improvement, the deadly foe of education; it fosters pride; it breeds insolence; it promotes vice; it shelters crime; it is a curse to the earth that supports it; and yet, you cling to it, as if it were the sheet anchor of all your hopes. Oh! be warned! be warned! a horrible reptile is coiled up in your nation’s bosom; the venomous creature is nursing at the tender breast of your youthful republic; for the love of God, tear away, and fling from you the hideous monster, and let the weight of twenty millions crush and destroy it forever!

But it is answered in reply to all this, that precisely what I have now denounced is, in fact, guaranteed and sanctioned by the Constitution of the United States; that the right to hold and to hunt slaves is a part of that Constitution framed by the illustrious Fathers of this Republic.

Then, I dare to affirm, notwithstanding all I have said before, your fathers stooped, basely stooped

To palter with us in a double sense:
And keep the word of promise to the ear,
But break it to the heart.


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And instead of being the honest men I have before declared them to be, they were the veriest imposters that ever practiced on mankind. This is the inevitable conclusion, and from it there is no escape. But I differ from those who charge this baseness on the framers of the Constitution of the United States. It is a slander upon their memory, at least, so I believe. There is not time now to argue the constitutional question at length — nor have I the ability to discuss it as it ought to be discussed. The subject has been handled with masterly power by Lysander Spooner, Esq., by William Goodell, by Samuel E. Sewall, Esq., and last, though not least, by Gerritt Smith, Esq. These gentlemen have, as I think, fully and clearly vindicated the Constitution from any design to support slavery for an hour.

Fellow-citizens! there is no matter in respect to which, the people of the North have allowed themselves to be so ruinously imposed upon, as that of the pro-slavery character of the Constitution. In that instrument I hold there is neither warrant, license, nor sanction of the hateful thing; but, interpreted as it ought to be interpreted, the Constitution is a GLORIOUS LIBERTY DOCUMENT. Read its preamble, consider its purposes. Is slavery among them? Is it at the gateway? or is it in the temple? It is neither. While I do not intend to argue this question on the present occasion, let me ask, if it be not somewhat singular that, if the Constitution were intended to be, by its framers and adopters, a slave-holding instrument, why neither slavery, slaveholding, nor slave can anywhere be found in it. What would be thought of an instrument, drawn up, legally drawn up, for the purpose of entitling the city of Rochester to a track of land, in which no mention of land was made? Now, there are certain rules of interpretation, for the proper understanding of all legal instruments. These rules are well established. They are plain, common-sense rules, such as you and I, and all of us, can understand and apply, without having passed years in the study of law. I scout the idea that the question of the constitutionality or unconstitutionality of slavery is not a question for the people. I hold that every American citizen has a right to form an opinion of the constitution, and to propagate that opinion, and to use all honorable means to make his opinion the prevailing one. Without this right, the liberty of an American citizen would be as insecure as that of a Frenchman. Ex-Vice-President Dallas tells us that the Constitution is an object to which no American mind can be too attentive, and no American heart too devoted. He further says, the Constitution, in its words, is plain and intelligible, and is meant for the home-bred, unsophisticated understandings of our fellow-citizens. Senator Berrien tell us that the Constitution is the fundamental law, that which controls all others. The charter of our liberties, which every citizen has a personal interest in understanding thoroughly. The testimony of Senator Breese, Lewis Cass, and many others that might be named, who are everywhere esteemed as sound lawyers, so regard the constitution. I take it, therefore, that it is not presumption in a private citizen to form an opinion of that instrument.

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Now, take the Constitution according to its plain reading, and I defy the presentation of a single proslavery clause in it. On the other hand it will be found to contain principles and purposes, entirely hostile to the existence of slavery.

I have detained my audience entirely too long already. At some future period I will gladly avail myself of an opportunity to give this subject a full and fair discussion.

Allow me to say, in conclusion, notwithstanding the dark picture I have this day presented of the state of the nation, I do not despair of this country. There are forces in operation, which must inevitably work the downfall of slavery. “The arm of the Lord is not shortened,” and the doom of slavery is certain. I, therefore, leave off where I began, with hope. While drawing encouragement from the Declaration of Independence, the great principles it contains, and the genius of American Institutions, my spirit is also cheered by the obvious tendencies of the age. Nations do not now stand in the same relation to each other that they did ages ago. No nation can now shut itself up from the surrounding world, and trot round in the same old path of its fathers without interference. The time was when such could be done. Long established customs of hurtful character could formerly fence themselves in, and do their evil work with social impunity. Knowledge was then confined and enjoyed by the privileged few, and the multitude walked on in mental darkness. But a change has now come over the affairs of mankind. Walled cities and empires have become unfashionable. The arm of commerce has borne away the gates of the strong city. Intelligence is penetrating the darkest corners of the globe. It makes its pathway over and under the sea, as well as on the earth. Wind, steam, and lightning are its chartered agents. Oceans no longer divide, but link nations together. From Boston to London is now a holiday excursion. Space is comparatively annihilated. Thoughts expressed on one side of the Atlantic, are distinctly heard on the other. The far off and almost fabulous Pacific rolls in grandeur at our feet. The Celestial Empire, the mystery of ages, is being solved. The fiat of the Almighty, “Let there be Light,” has not yet spent its force. No abuse, no outrage whether in taste, sport or avarice, can now hide itself from the all-pervading light. The iron shoe, and crippled foot of China must be seen, in contrast with nature. Africa must rise and put on her yet unwoven garment. “Ethiopia shall stretch out her hand unto God.” In the fervent aspirations of William Lloyd Garrison, I say, and let every heart join in saying it:

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God speed the year of jubilee
The wide world o’er
When from their galling chains set free,
Th’ oppress’d shall vilely bend the knee,

And wear the yoke of tyranny
Like brutes no more.
That year will come, and freedom’s reign,
To man his plundered fights again
Restore.

God speed the day when human blood
Shall cease to flow!
In every clime be understood,
The claims of human brotherhood,
And each return for evil, good,
Not blow for blow;
That day will come all feuds to end.
And change into a faithful friend
Each foe.

God speed the hour, the glorious hour,
When none on earth
Shall exercise a lordly power,
Nor in a tyrant’s presence cower;
But all to manhood’s stature tower,
By equal birth!
That hour will come, to each, to all,
And from his prison-house, the thrall
Go forth.

Until that year, day, hour, arrive,
With head, and heart, and hand I’ll strive,
To break the rod, and rend the gyve,
The spoiler of his prey deprive —
So witness Heaven!
And never from my chosen post,
Whate’er the peril or the cost,
Be driven.


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Source: Frederick Douglass: Selected Speeches and Writings, ed. Philip S. Foner (Chicago: Lawrence Hill, 1999), 188-206; Frederick Douglass, “What to the Slave Is the Fourth of July?” (1852), The University of Texas at Austin, College of Liberal Arts, Core Texts, https://liberalarts.utexas.edu/coretexts/_files/resources/texts/c/1852%20Douglass%20July%204.pdf

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Tuesday, July 04, 2017

Unfit To Be The Ruler

A Long Train of Abuses

"A Prince, whose character is thus marked by every act which may define a Tyrant, is unfit to be the ruler of a free people."

-- Declaration of Independence, July 4, 1776

"Whenever the Vice President and a majority of [congressionally designated individuals] transmit to the [President of the Senate and Speaker of the House] their written declaration that the President is unable to discharge the powers and duties of his office, the Vice President shall immediately assume the powers and duties of the office as Acting President."

-- U.S. Constitution, Amendment 25, Section 4, February 10, 1967

With the long holiday weekend, family gatherings, and fireworks displays, few know, and pause to remember, that it is our independence from Britain that we celebrate. Fewer still will give a thought to King George III, let alone acknowledge that Americans were far from unanimous in their desire to escape his rule. Estimates are that 20 to 35% of the colonists opposed independence (with another third undecided).

So it is again today, 241 years later. Americans are once again divided -- and by about the same percentages -- regarding their current King George III replacement: President Donald Trump. A hard core of 29% to 40% support him and 50% to 60% oppose or are undecided (depending on questions asked and events at time of poll). [Rough figures: There are 250 million Americans over 18 (eligible to register), 200 million registered (80% of the 250 M); November 2016 results: Trump 62 million, Clinton 64 million (126 million total about half of those 18+; 60% of those registered.]

It is not the purpose of this piece to put the arguments for or against America's independence from Britain, or arguments for or against the re-election (or impeachment) of President Trump. The purpose is somewhat analogous to the purpose of the prior blog post, "Not All Criticism is Defamation," July 4, 2017 [embedded: "Is Superintendent Criticism 'Defamation'?" Iowa City Press-Citizen, June 28, 2017, p. 7A] (without taking a position on whether the local school superintendent was deserving of criticism, it simply set forth the basics of defamation law for those arguing the issue).

In other words, for purposes of this blog essay, what were the concerns expressed in the Declaration of Independence regarding the removal of King George III's rule over the colonies, to what extent are they applicable to President Trump, and what are the provisions of the U.S. Constitution regarding the removal of a U.S. president when there are concerns about his or her performance in office?

We begin with excerpts from the Declaration of Independence.

"[Americans] are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. — That to secure these rights, Governments are instituted . . ..

"[W]when a long train of abuses and usurpations . . . evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government . . .. He has refused his Assent to Laws, the most wholesome and necessary for the public good . . . unless suspended in their operation till his Assent should be obtained; and when so suspended, he has utterly neglected to attend to them. . . . He has obstructed the Administration of Justice . . .. He has affected to render the Military independent of and superior to the Civil Power. He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws . . .. For cutting off our Trade with all parts of the world . . ..

He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation, and tyranny, already begun with circumstances of Cruelty & Perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation. . . . He has excited domestic insurrections amongst us . . .. A Prince, whose character is thus marked by every act which may define a Tyrant, is unfit to be the ruler of a free people." [Photo credit: Wikimedia Commons; Sir William Beechey's oil painting of King George III, c. 1800/]

-- Declaration of Independence, July 4, 1776

There are a number of provisions in the U.S. Constitution that relate to the president's powers, obligations, and the standards for public (and congressional) evaluation of his or her fitness for (or removal from) office.

The offenses justifying consideration of impeachment are relatively specific: treason, bribery, high crimes and misdemeanors. It is a two-step process -- kind of like the (1) indictment, and (2) trial/conviction of a criminal defendant -- with the "indictment" (impeachment) in the House and trial and "conviction" in the Senate.
"The President . . . shall be removed from office on impeachment for, and conviction of, treason, bribery, or other high crimes and misdemeanors."

-- U.S. Constitution, Article II, Section 4

"The House of Representatives . . . shall have the sole power of impeachment."

-- U.S. Constitution, Article I, Section 2, Clause 5

"The Senate shall have the sole power to try all impeachments. . . . Judgment in cases of impeachment shall not extend further than to removal from office . . .."

-- U.S. Constitution, Article I, Section 2, Clauses 6, 7
President Trump has refused to (1) make public the last few years of his tax returns, (2) sell off his assets and put the proceeds in a legitimate "blind trust," -- both customary political norms for presidents -- and (3) continues to benefit financially from foreign governments' payment for use of his properties, special privileges regarding his family's business proposals in other countries, and foreigners' purchases of Trump condo units and other properties in the U.S. This behavior has raised questions about his possible violation of the Constitutional prohibition of presidents' receipt of "emoluments."
"[N]o no person holding any office of [the U.S. government] shall . . . accept of any present, emolument . . . of any kind whatever, from any . . . foreign state."

-- U.S. Constitution, Article I, Section 9, Clause 8

"The President shall . . . receive for his services, a compensation . . . and he shall not receive . . . any other emolument from the United States, or any of them."

-- U.S. Constitution, Article II, Section 1, Clause 7
We know that the most consequential function of a vice president is the possibility of his or her ascension to the presidency. The Constitution refers to this happening because of, for example, the death or resignation of a president. It might also occur following an impeachment and conviction, as discussed above.

But there is additional language in Article II, Section 1, that has recently come into the media and public dialogue, namely the president's "inability to discharge" the responsibilities of the presidency. Without going into detail here, Google searches will reveal that some of the president's critics argue this language does, or should, cover a range of President Trump's offensive behavior, actions, inaction, seeming lack interest in the details of policy and norms of the presidency, failure to nominate persons for essential positions, inability to build bi-partisan coalitions, lack of basic knowledge, and possible mental health issues. (His supporters dismiss such concerns, assert he's entitled to tweet personal attacks on what he perceives as his critics, and that the media is "the enemy of the people.")

Go back and re-read paragraphs seven and eight of this blog post, above, excerpting language from the Declaration of Independence. Notice how many of the colonists' complaints about King George III have their analogous equivalent in critics' complaints about President Trump.
"In case of the removal of the President from office, or of his death, resignation, or inability to discharge the powers and duties of the said office, the same shall devolve on the Vice President . . .."

-- U.S. Constitution, Article II, Section 1, Clause 6

"Whenever the Vice President and a majority of [congressionally-designated individuals] transmit to the [President of the Senate and Speaker of the House] their written declaration that the President is unable to discharge the powers and duties of his office, the Vice President shall immediately assume the powers and duties of the office as Acting President."*

-- U.S. Constitution, Amendment 25, Section 4
Forgive me this serious interruption of your holiday weekend, but whether you are a Trump supporter or critic, I thought you might find it useful -- today and throughout the months to come -- to have access to the actual language relevant to an evaluation of President Trump's performance.

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* "But the seemingly most insoluble problem was that of presidential inability—Garfield lying in a coma for eighty days before succumbing to the effects of an assassin’s bullet, Wilson an invalid for the last eighteen months of his term, the result of a stroke—with its unanswered questions: who was to determine the existence of an inability, how was the matter to be handled if the President sought to continue, in what manner should the Vice President act, would he be acting President or President, what was to happen if the President recovered." -- Congressional Reference Service.

Monday, December 01, 2014

Three Legged Calves, Wolves, Sheep and Democracy's Media

December 1, 2014, 12:30 p.m.

Contents

Democracy's Constitutional Basis

Media's Changes and Challenges

TV's Junk News is to Democracy What Junk Food is to Nutrition

Two Nights with "World News Tonight"

John Oliver: Stand-Up Comic is Democracy's Savior

Conclusion


Thomas Jefferson on Newspapers and the "Prey of the Rich on the Poor"


The basis of our governments being the opinion of the people, the very first object should be to keep that right; and were it left to me to decide whether we should have a government without newspapers, or newspapers without a government, I should not hesitate a moment to prefer the latter. But I should mean that every [person] should receive those papers and be capable of reading them.

I am convinced that those societies (as the Indians) which live without government enjoy in their general mass an infinitely greater degree of happiness than those who live under European governments. Among the former, public opinion is in the place of law, and restrains morals as powerfully as laws ever did any where. Among the latter, under pretense of governing they have divided their nations into two classes, wolves and sheep. I do not exaggerate. . . .

Cherish therefore the spirit of our people, and keep alive their attention. Do not be too severe upon their errors, but reclaim them by enlightening them. If once they become inattentive to the public affairs, you and I, and Congress, and Assemblies, judges and governors shall all become wolves. It seems to be the law of our general nature, in spite of individual exceptions; and experience declares that man is the only animal which devours his own kind, for I can apply no milder term . . . to the general prey of the rich on the poor.

-- Thomas Jefferson to Edward Carrington," January 16, 1787, Julian P. Boyd, ed., The Papers of Thomas Jefferson, 11:48-49.

Lippmann on "Sideshows and Three Legged Calves"

[T]he troubles of the press [like other institutions] go back to a common source; to the failure of self-governing people to transcend their casual experience and their prejudice, by inventing, creating, and organizing a machinery of knowledge.

It is because they are compelled to act without a reliable picture of the world, that governments, schools, newspapers and churches make such small headway against the more obvious failings of democracy, against violent prejudice, apathy, preference for the curious trivial as against the dull important, and the hunger for sideshows and three legged calves. This is the primary defect of popular government, a defect inherent in its traditions, and all its other defects can, I believe, be traced to this one.

-- Walter Lippmann, Public Opinion 275-76 (Pelican Books, 1922, 1946)
Many, including myself, usually just quote from this opening passage Jefferson's revelation that, put to the choice, he would "prefer newspapers without a government." Sometimes we add, if not his change of choice, at least his disparaging remarks after being buffeted about by the press while in office: “The man who reads nothing at all is better educated than the man who reads nothing but newspapers.” (Or, as Mark Twain is falsely credited with having put it, "If you don’t read the newspaper, you’re uninformed. If you read the newspaper, you're misinformed.")

But this is too serious a matter for one-liners. Jefferson, in this context as in so many others, got it closer to right before his presidency.

Democracy's Constitutional Basis

Governments, at least our federal government, were created by the people to benefit the people. They were not created by the people to increase the abi1ity of the 1% to prey upon the poor. The U.S. Constitution begins, "We the People of the United States," and continues, "in Order to . . . promote the general Welfare . . .." The language is consistent with the Declaration of Independence's assertion that "We hold these Truths to be self-evident, that all [persons] are created equal . . . endowed . . . with certain unalienable Rights, that among these are Life, Liberty, and the pursuit of Happiness," and it then continues, "That to secure these Rights, Governments are instituted . . ., deriving their just Powers from the Consent of the Governed . . .." These documents come from, and gain their legitimacy from "the people," whose welfare they are designed to serve.

These are more than noble sentiments. They are at the core of the Constitution's purpose, they represent the pole star that should light the way of our Supreme Court justices as they search for the meaning of that document's provisions -- rather than, for example, stretching to conclude, along with the Republicans' last presidential choice, that "corporations are people."

As those who pay attention have always known, Jefferson was right: "It seems to be the law of our general nature" that when our nation's central purpose is left unattended and defended we will continue to suffer "the prey of the rich on the poor" -- as we do today. Our government will enhance citizens' "life, liberty, and pursuit of happiness" only to the extent that the people continually pressure it to do so.

When roughly half of the eligible voters don't even bother to vote, and all too many are so uninformed or misinformed about the issues of the day that they can be persuaded to vote against their own best interests, "the law of our general nature" continues to rule.

Media's Changes and Challenges

There is much to be said about the changed structure of America's news industry today, the last 20 years' impact of technology, the concentration of media power along with the increasing number and diversity of sources, the role of advertising, the alternative digital-only news sources, the decline in hard-copy newspaper readership and employment for journalists, citizen-created news and opinion, foundation-funded investigative journalism and other alternative business models, both the decline (hard copy newspapers and TV) and expansion (digital-only) in global coverage, and the role of social media in limiting, and providing, viewers' access to news.

I recall in the 1960s watching President Lyndon Johnson standing over the AP and UPI teletypes he'd had installed in the oval office, eagerly reading the stories as the teletype keys clattered out the news on rolls of paper. He was the president of the United States, with access to nearly unlimited resources, but even he could not have -- indeed he could not even dream of -- what millions of Americans carry in their pockets today.

The Gazette these days is full of stories reprinted from Reuters, McClatchy, Tribune, Washington Post, Los Angeles Times, Pittsburgh Post-Gazette, Atlanta Journal-Constitution, St. Louis Post-Dispatch, Kansas City Star and other sources. There was a time when that would have been a real contribution for local readers -- and even today I value The Gazette editors' selections. But I can and do get the full coverage of many of those papers on a laptop or smart phone.

Indeed, I not only have some of those Gazette sources -- The New York Times, Wall Street Journal, Washington Post, Reuters, Bloomberg -- at the touch of my iPhone, I find some of the best coverage of what's going on elsewhere comes from sources that supplement American media. During the Viet Nam War, the New York Time found the Agence France‑Presse news service one of their best sources; today the online French language Le Monde remains one of my favorite supplements. The BBC, even after budget cuts, is still perhaps the world's best. Pakistan's online English-language Dawn newspapers helped me understand our initial adventures in Afghanistan; the London Guardian went beyond U.S. media's coverage of Ed Snowden's NSA revelations; Aljazerra gives another slant on the Mideast; and my most recent addition to that list of my smart phone's news apps, Rûdaw, provides on-the-ground coverage from Kurdistan.

Many of these services provide another take on news from the U.S. as well as news from their country or region. We also have multiple sources for news from America's largest cities -- especially New York and Washington.

In towns with only one monopoly newspaper, one that's been sold to a chain, or one that's had to lay off a significant number of journalists, enterprising citizens may be able to find alternative sources of international and national news. But they have no alternative ways of finding out what's going on closest to home -- let alone the results of investigative reporting that can serve as a check on institutional and corporate abuses.

We are fortunate in Iowa City to have access to three local papers: the student Daily Iowan (with the largest circulation), The Gazette, and the Iowa City Press-Citizen -- as well as the Des Moines Register and other Iowa papers sometimes reporting our local news. The Iowa City papers' payrolls have been cut, leaving their remaining able and energetic journalists the herculean task of filing multiple, often lengthy stories some days -- something they seem to be doing with great skill and spirit. Even so, there are even major local institutions, such as the County Board of Supervisors, that often have no coverage at all.

But our greatest challenge in reaching Jefferson's ideal of a democracy run by a well-informed, participating citizenry is what almost seems to be the deliberate effort of America's old television networks to dumb down, distract, and discourage their news audiences.

Here is but one example of the phenomenon, process and consequence of journalism's choice of topic and means of presentation: T. Michael Maher, "How and Why Journalists Avoid the Population-Environment Connection," Minnesotans for Sustainability, March 1997 ("Abstract. Recent surveys show that Americans are less concerned about population than they were 25 years ago, and they aren’t connecting environmental degradation to population growth. News coverage is a significant variable affecting public opinion, and how reporters frame a problem frequently signals what is causing the problem. Using a random sample of 150 stories about urban sprawl, endangered species and water shortages, Part I of this study shows that only about one story in 10 framed population growth as a source of the problem. Further, only one story in the entire sample mentioned population stability among the realm of possible solutions. Part II presents the results of interviews with 25 journalists whose stories on local environmental problems omitted the causal role of population growth. It shows that journalists are aware of the controversial nature of the population issue, and prefer to avoid it if possible. Most interviewees said that a national phenomenon like population growth as beyond the scope of what they could write as local reporters.")

TV's Junk News is to Democracy What Junk Food is to Nutrition

We are a nation of 315 million individuals, many of whom have so little memory of their education, and such an obliviousness to basic information, that Jay Leno was able to make an entertainment format ("Jay Walking") out of it. Our gross ignorance of other countries and cultures helps create everything from "ugly American" tourists to endless, unwinnable wars abroad that actually increase the risk of terrorism at home. Many high school grads headed to Iraq couldn't find it on a map; 10% couldn't find the United States. Most of our major health problems, and costs, come from behavioral choices within the control of patients (e.g., tobacco, alcohol, diet, exercise). From school board to presidential elections, voter participation is 5-50%.

The three or four TV networks may not have the audiences they once had. But it is still true that, on the one hand we have devastating consequences from our massive ignorance and misinformation, and on the other hand we have a television industry with access to the minds of a plurality of American citizens for an average of some three to four hours a day. That is 80,000 to 100,000 hours over a lifetime--at least fifty times the 1800 hours students spend in college classrooms earning a bachelor's degree.

Put another way, when I was an occasional guest on a network late night show I calculated that to reach as many people as that opportunity provided I would need to lecture to a room full of people, every hour on the hour, eight hours a day, 50 weeks a year, for 300 years!

I continue to believe, and try to live by, the old sayings: "with great power goes great responsibility"; "For unto whomsoever much is given, of him shall be much required"; and "Ask not what your country can do for you -- ask what you can do for your country." [Harry Truman, Remarks in Independence at the Liberty Bell Luncheon, Independence, Missouri (Nov. 6, 1950); Luke 12:48 (King James); President John F. Kennedy, Inaugural Address (Jan. 20, 1961).]

Is television to blame for everything that needs fixing in America? Of course not. Does it have the power to cure all our ills? No. Nor is this to say that programmers should provide the public nothing but an unrelieved diet of educational, public-affairs, and cultural programming. They would not stay in business long if they did. It is to say that if neither ratings nor profits need suffer from product placement, there is no reason they need suffer from information and education placement either. Entertainment content matters; advertising's messages matter.

But entertainment programming aside, cannot we reasonably demand of the executives who dictate what their networks' news divisions are permitted to do -- using the public's airwaves under licenses requiring them to serve "the public interest" -- that at least that portion of the programming contributes to an informed citizenry?

What a travesty--to be given so much access to such a huge audience, an audience with such serious needs, only to fritter it away with what Walter Lippmann once called "sideshows and three legged calves." The problem is television's nonfeasance as well as its malfeasance -- having been given the power and opportunity to do such enormous good, and then failing to do it. That is the charge; that is the crime.

Two Nights with "World News Tonight"

To the extent we watch television news in our house, it's the "PBS Newshour." Prior to that, if we catch a bit of local news it's on the ABC affiliate, KCRG-TV. As a result, we see the ABC promo for its evening news, and the first minute or two of the ABC news (since the Newshour gets underway a little after the half hour). Those snippets made me sufficiently curious about the rest of ABC's half hour that I watched a couple clear through. But I haven't been back.

"Let's go to the video tape" -- a line Warner Wolf first made famous on WTOP-TV in Washington. Let's take a look at ABC's "World News Tonight."

First, it's not an hour-long program, like the "PBS Newshour." It's not even a half-hour.

When traveling to Japan with some regularity, I once calculated that Japan's NHK provided more news about America each day than the minutes NBC set aside in its schedule for all of each day's news. (Of course, NHK also presented the news from Europe, Asia, the rest of the world and, oh yes, Japan, as well.)

Why is "World News Tonight" not even a half hour? Because of the commercials. After you subtract the time they spend trying to sell us stuff, there's only 20 minutes left in this "half-hour program" for the "news hole."

As if that's not bad enough, let's take a look at what they're putting down that hole -- and, therefore, what they are not telling us about -- and what they seem to be trying to do to us.


So, second, the unifying theme throughout the presentation seems to be a play on our emotions -- 15 minutes or more of drama designed to increase fright, flight and fear, followed by a happy close -- thereby playing with both our adrenalin and dopamine. [Cartoon credit: Wiley Miller, "Non Sequitur,", Dec. 4, 2014.

Third, the subjects covered are mostly a herd of three-legged calves interrupted occasionally by, "Oh, look at the squirrel."
"The dumbing down of America is most evident in the slow decay of substantive content in the enormously influential media, the 30 second sound bites (now down to 10 seconds or less), lowest common denominator programming, credulous presentations on pseudoscience and superstition, but especially a kind of celebration of ignorance”

-- Carl Sagan Source: The Demon-Haunted World: Science as a Candle in the Dark
Here are some illustrations from their equivalent of headlines from a randomly selected couple of consecutive evenings a couple of weeks ago.

In the first: A snowfall is a "deadly" storm. The early use of drones becomes a drone "scare." A White House intruder is a security "scare." Notwithstanding the absence of any supporting video, a pre-verdict Ferguson was a "State of Emergency." We were shown an "alarming image" worthy of a "Holiday Alert" that holiday gift packages are about to be stolen from our homes. There was a "mystery" involving a beauty queen. And the happy close? A couple given $14 million for their idea involving digital photos -- with the lottery-like closing line, "Is your idea next?"

Celebrity news is regularly given time: this first evening it included the cancellation of Bill Cosby's show, Bono's auto accident, and the death of Motown singer Jimmy Ruffin -- kind of what might have been trailers for "Entertainment Tonight," or other video versions of People magazine.

The next night was babies night. We were warned that our babies fingers might be cut off by their strollers. Another "warning for parents" was the segment headlined "Spying on Your Children," which informed us that the Russians were hacking into our security cameras and streaming the content of our baby monitors. We were told that the car crash tests' results were "the worst ever seen," truly "alarming." And then, as if to drive the point home, and add another threat to our survival to our list of ABC-engendered fears, we were shown video of "Car Demolishing a Building" -- "an entire building demolished in seconds in a cloud of dust."

But most of the 20 minutes that night was occasioned by Mike Nichols' death and a tribute to his life -- with occasional references to the fact he had been married to ABC's Diane Sawyer. The evening "news" both opened and closed with lengthy (by ABC News' standards) tributes and film clips regarding Nichols.

So if these are not among the subjects Americans most need to know, what might ABC have been informing us about? Here are some of former Secretary of Labor Robert Reich's suggestions:
"The moral crisis of our age has nothing to do with gay marriage or abortion; it’s insider trading, obscene CEO pay, wage theft from ordinary workers, Wall Street’s continued gambling addiction, corporate payoffs to friendly politicians, and the billionaire takeover of our democracy."

-- Robert Reich [from his Facebook post, June 29, 2014]
PBS. For contrast, here's what the "PBS Newshour" included that first night: "A look at the Gulf oil spill after the cameras had gone"; "Will arming school administrators protect students?"; "What's next for NSA reform in Congress?"; "Protecting Afghanistan's Buddhist Heritage"; and "Debating the implications if Obama acts on immigration" -- along with, I should note in fairness, serious reporting of some of the stories ABC had regarding the heavy snow and Bill Cosby's problems.

CBS. To provide more balance I watched the CBS Evening News for December 1. It made two points: (1) My major complaint is about ABC, not all commercial TV networks' news efforts. (2) CBS demonstrates that there can be a commercially viable alternative to ABC's approach -- even within a comparable 20-minute window.

CBS took a positive, factual approach to the Ferguson story: the President's request for $75 million of body cams for police, a Missouri commission devoted to increasing community trust, new technology that can be installed in police guns that immediately reports to headquarters when it's out of the holster or fired (the Ferguson officer's radio was on the wrong channel), and the extent to which the peaceful protests were now nationwide. There was data and insight about "cyber shopping" -- and Amazon's 15,000 robots filing orders. A significant Supreme Court case regarding the application of First Amendment protection of threatening speech was explained, as was the recent AAA research regarding the impressive safety driving records of those over 65. The network has been tracking remedial programs for high school dropouts this year, and closed with a realistic appraisal (as distinguished from "happy news") of the Sunburst Academy.

John Oliver: Stand-Up Comic is Democracy's Savior

For an even more dramatic contrast, consider the fact that John Oliver, on HBO's "Last Week Tonight" (also available on YouTube), within what is intended to be an entertaining comedic show, is dealing with material, and a critical approach, that goes well beyond the journalism that even PBS is doing. Moreover, he is attracting, in online "viewers" alone (2-4 million -- over 7 million for his "net neutrality" bit), as many or more than ABC's news gets in the 25-54 age group it cares about. Here are some examples.

"The Lottery," Nov. 9, 2014

"State lotteries claim to be good for education and the general wellbeing of citizens. But are they? (Spoiler alert: No.)"



"State Legislatures and ALEC," November 2, 2014

"While midterm coverage is largely focused on the parts of Congress that do very little, vital (and bizarre) midterm elections are going unexamined. State legislators pass a lot of bills, and some of that efficiency is thanks to a group called ALEC that writes legislation for them. It’s as shady as it sounds!"



"Sugar," October 26, 2014

"Sugar. It's in everything! Is it good for us? Well, the sugar industry thinks so."



"Civil Forfeiture," Oct. 5, 2014

"Did you know police can just take your stuff if they suspect it's involved in a crime? They can! It’s a shady process called “civil asset forfeiture,” and it would make for a weird episode of Law and Order."



"Net Neutrality," June 1, 2014

"Cable companies are trying to create an unequal playing field for internet speeds, but they're doing it so boringly that most news outlets aren't covering it. John Oliver explains the controversy and lets viewers know how they can voice their displeasure to the FCC. (www.fcc.gov/comments, for any interested parties)"



This bit had 7.2 million viewers, many of whom responded to John Oliver's suggestion they write the FCC.

Conclusion

A democracy requires an informed citizenry. Necessarily, we rely on the mass media to provide it. The commercial television networks (and the FCC) are failing us with this responsibility -- one that they owe us legally as well as morally, ethically, and journalistically. The most dramatic evidence of their failure is that Americans must turn to one of its best stand-up comics for the serious journalism they need.

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