The Works of Robert G. Ingersoll, Complete Contents / Dresden Edition—Twelve Volumes

by Robert Green Ingersoll

And yet all that he had done was to refuse to take Continental money. He had simply given his opinion on the legal tender law, just as the Democrats of Indiana did in regard to greenbacks, and as a few circuit judges decided when they declared the Legal Tender Act unconstitutional. It would have been perfectly proper and right that they, every man of them, should be, like Thomas Harriott, "committed to close jail, there to remain until further orders."

Did our forefathers ever interfere with religion? Yes, they did with a preacher by the name of Daniels, because he would not pray for the American cause. He thought he could coax the Lord to beat us. They said to him, "You pray on our side, sir." He would not do it, and so they put him in jail and gave him work enough to pray himself out, and it took him some time to do it. They interfered with a lack of religion. They believed that a Tory or traitor in the pulpit was no better than anybody else. That is the way I have sometimes felt during the war. I have thought that I would like to see some of those white cravatted gentlemen "snaked" right out of the pulpits where they had dared to utter their treason, and set to playing checkers through a grated window.

It is not possible that our fathers ever interfered with the writ of habeas corpus, is it? Yes sir. Our fathers advocated the doctrine that the good of the people is the supreme law of the land. They also advocated the doctrine that in the midst of armies law falls to the ground; the doctrine that when a country is in war it is to be governed by the laws of war. They thought that laws were made for the protection of good citizens, for the punishment of citizens that were bad, when they were not too bad or too numerous; then they threw the law-book down while they took the cannon and whipped the badness out of them; that is the next step, when the stones you throw, and kind words, and grass have failed. They said, why did we not appeal to law? We did; but it did no good. A large portion of the people were up in arms in defiance of law, and there was only one way to put them down, and that was by force of arms; and whenever an appeal is made to force, that force is governed by the law of war.

The fathers suspended the writ in the case of a man who had committed an offence in the State of New York. They sent him to the State of Connecticut to be confined, just as men were sent from Indiana to Fort Lafayette. The attorneys came before the convention of New York to hear the matter inquired into, but the committee of the convention to whom the matter was referred refused to inquire into the original cause of commitment—a direct denial of the authority of the writ. The writ of habeas corpus merely brings the body before the judge that he may inquire why he is imprisoned. They refused to make any such inquiry. Their action was endorsed by the convention and the gentleman was sent to Connecticut and put in jail. They not only did these things in one instance, but in a thousand. They took men from Maryland and put them in prison in Pennsylvania, and they took men from Pennsylvania and confined them in Maryland, Whenever they thought the Tories were so thick at one point that the rascals might possibly be released, they took them somewhere else.

They did not interfere with the freedom of the press, did they? Yes, sir. They found a gentleman who was speaking and writing against the liberties of the colonies, and they just took his paper away from him, and gave it to a man who ran it in the interest of the colonies, using the Tory's type and press. [A voice—That was right.] Right! of course it was right. What right has a newspaper in Indiana to talk against the cause for which your son is laying down his life on the field of battle? What right has any man to make it take thousands of men more to crush a rebellion? What right has any man protected by the American flag to do all in his power to put it in the hands of the enemies of his country? The same right that any man has to be a rascal, a thief and traitor—no other right under heaven. Our fathers had sense enough to see that, and they said, "One gentleman in the rear printing against our noble cause, will cost us hundreds of noble lives at the front." Why have you a right to take a rebel's horse? Because it helps you and weakens the enemy. That is by the law of war. That is the principle upon which they seized the Tory printing press. They had the right to do it. And if I had had the power in this country, no man should have said a word, or written a line, or printed anything against the cause for which the heroic men of the North sacrificed their lives. I would have enriched the soil of this country with him before he should have done it. A man by the name of James Rivington undertook to publish a paper against the country. They would not speak to him; they denounced him, seized his press, and made him ask forgiveness and promise to print no more such stuff before they would let him have his sheet again. No person but a rebel ever thought that was wrong. There is no common sense in going to the field to fight and leaving a man at home to undo all that you accomplish.

Our fathers did not like these Tories, and when the war was over they confiscated their estates—took their land and gave it over to good Union men.

How did they do it? Did they issue summons, and have a trial? No, sir. They did it by wholesale—they did it by resolution, and the estates of hundreds of men were taken from them without their having a day in court or any notice or trial whatever. They said to the Tories: "You cast your fortunes with the other side, let them pay you. The flag you fought against protects the land you owned and it will prevent you from having it." Nor is that all. They ran thousands of them out of the country away up into Nova Scotia, and the old blue-nosed Tories are there yet.

In his letter to Governor Cooke of Rhode Island, Washington enumerates an act of that colony, declaring that "none should speak, write, or act against the proceedings of Congress or their Acts of Assembly, under penalty of being disarmed and disqualified from holding any office, and being further punished by imprisonment," as one that met his approbation, and which should exist in other colonies. There is the doctrine for you Democrats. So I could go on by the hour or by the day. I could show you how they made domiciliary visits, interfered with travel, imprisoned without any sort of writ or affidavit—in other words, did whatever they thought was necessary to whip the enemy and establish their independence.

What next do they charge against us? That we freed negroes. So we did. That we allowed those negroes to fight in the army. Yes, we did, That we allowed them to vote. We did that too. That we have made them citizens. Yes, we have, and what are you Democrats going to do about it?

Now, what did our fathers do? Did they free any of the negroes? Yes, sir. Did they allow any of them to fight in the army? Yes, sir. Did they permit any of them to vote? Yes, sir. Did they make them citizens? Yes, sir. Let us see whether they did or not.