AN ORATION

DELIVERED JULY 4, 1787,

BEFORE THE SOCIETY OF THE CINCINNATI OF THE STATE OF NEW-YORK; IN COMMEMORATION OF THE INDEPENDENCE OF AMERICA,

BY ROBERT LIVINGSTON.

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I COULD have wished, gentlemen, that the task I am ⚫ now about to perform, had been assigned to some abler speaker, and in that view, I, long since, tendered my apology for declining it, and hoped, till lately, that it had been accepted. Disappointed in this hope, and unwilling to treat any mark of your favor with neglect, I determined to obey your commands, although I was satisfied, that, in the execution of them, I should not answer your expectations. There is a style of eloquence adapted to occasions of this kind, to which I feel myself unequal; a style which requires the glowing imagination of younger speakers, who, coming recently from the schools of rhetoric, know how to dress their sentiments in all its flowery ornaments. The turbulence of the times, since I first entered upon public life, and the necessity, they imposed upon those who engaged in them, of attending rather to things than words, will, I fear, render me, if not a useless, at least an unpolished speaker.

If the mind dwells with pleasure on interesting events; if the soul pants to emulate the noble deeds it contemplates; if virtue derives new force from the successful struggles of the virtuous, it is wise to set apart certain seasons, when, freed from meaner cares, we commemorate events, which have contributed to the happiness of mankind, or afford examples worthy their

imitation. What are we this day called upon to commemorate? Some signal victory, in which the victor weeps the loss of friends, and humanity mourns over the graves of the vanquished? The birth of some prince, whom force, fraud, or accident, has entitled to a throne? Or even that of some patriot, who has raised the reputation, and defended the rights of his country? No, gentlemen, a nobler subject than the splendor of victories, or the birth of princes, demand our attention. We are called upon to commemorate the successful battles of freedom, and the birth of nations.

It may be expected, and indeed I believe it is usual on such occasions, that I should tread the steps we have taken from the dawn of oppression to the bright sunshine of independence; that I should celebrate the praise of patriots who have been actors in the glorious scene; and more particularly that I should lead you to the shrines of those that have offered up their lives in support of their principles, and sealed with their blood your charters of freedom. Had I no other object in view than to amuse you and indulge my own feelings, I should take this path. For what task more delightful, than to contemplate the successful struggles of virtue; to see it, at one moment, panting under the grasp of oppression, and rising in the next with renewed strength; as if, like the giant son of earth, she had acquired vigor from the fall; to see hope and disappointment, plenty and want, defeats and victories, following each other in rapid succession, and contributing, like light and shade to the embellishment of the piece! What more soothing to the soft and delicate emotions of humanity, than to wander, with folded arms and slow and pensive step, amidst the graves of departed heroes, to indulge the mingled emotions of grief and admiration; at one moment, giving way to private sorrow, and lamenting the loss of a friend, a relation, a brother; in the next, glowing with patriot warmth, gazing with ardor on their wounds, and invoking their spirits, while we ask of heaven to inspire us with equal fortitude! But, however pleasing this task. the desire of

being useful impels me, at this interesting moment, to forego this pleasure; to call you from this tender scene; to remind you that you are the citizens of a free state; to bid you rejoice with Roman pride, that those you love have done their duty; to exhort you to crown the glorious work they have begun; for, alas! my friends, though they have nobly performed the part assigned them, the work is still unfinished, and much remains for us to do. It may not, therefore, be improper, amidst the congratulations I make you on this day-this day, distinguished, in the annals of fame, for the triumph of freedom and the birth of nations, to inquire how far it has been productive of the advantages we might reasonably have expected, and where they have fallen short of our expectations.

To investigate the causes that have conduced to our disappointment, two objects demand our attention; our internal and federal governments: either, to those who are disposed to view only the gloomy side of the picture, will afford sufficient matter for censure, and too much cause of uneasiness. Many desponding spirits, misled by their reflections, have ceased to rejoice in independence, and to doubt whether it is to be considered as a blessing. God forbid that there should be any such among us. For, whatever may be the pressure of our present evils, they will cease to operate, when we resolve to remove them; the remedy is within our reach, and I have sufficient confidence in our fortitude to hope that it will be applied.

Let those, however, who know not the value of our present situation, contrast it with the state of servitude, to which we should have been reduced, had we patiently submitted to the yoke of Britain. She had long since seen our ease with envy, and our strength with jealousy. Loaded with debt, she wished to share that affluence, which she attributed to her protection, rather than to our industry. Tenacious of her supposed supremacy, she could not be indifferent to those increasing numbers which threatened its subversion. Avarice and timidity concurred in framing

a system of despotism, which, but for our resistance, would have reduced us to the vilest subjection. Having resisted, accommodation was vain; pretences would not have been wanting to ruin those that had been active in'opposition. Disputes among ourselves would have been encouraged; and advantages derived from our disunion, would have enabled her ultimately to attain her object. No alternative was left, but independence, or abject submission. We have chosen as became a wise and generous people. Let slaves or cowards disapprove the choice.

Our constitutions are formed to insure the happiness of a virtuous nation. They guard against the tumult and confusion of unwieldy popular assemblies, while they yield to every citizen his due share of power. They preserve the administration of justice pure and unbiassed, by the independence of the judges. They prevent abuses in the execution of the laws, by committing the care of enforcing them to magistrates, who have no share in making, nor voice in expounding them. In these circumstances, they excel the boasted models of Greece, or Rome, and those of all other nations, in having precisely marked out the power of the government, and the rights of the people. With us the law is written: no party can justify their errors under former abuses or doubtful precedents. With these constitutions, I shall be asked, how it has happened, that the evils, hinted at, continue to exist? I shall endeavor to answer this inquiry, since my object in treating of this subject is to impress upon you the obligations we are under as citizens, as men whose past services entitle us to some weight in the community, zealously to unite in promoting a constitutional reform of every abuse, that affects the government.

Our constitutions being purely democratic, the people are sovereign and absolute. The faults of absolute governments are to be charged to the sovereign: in ours, they must be traced back to the people.

If our executive has sufficient energy, if the judicial is competent to the administration of justice, if our legislative is so formed as that no law can pass without due deliberation, all the ends of government are answered, so far as they depend upon the constitution. If still it falls short of expectation, the evils must be sought in the administration: and since every person, concerned in that, is either mediately or immediately chosen by the people, they may change it at pleasure. What can be devised more perfect than that constitution, which puts in the power of those, who experience the effects of a maladministration, to prevent their continuance; not by mad, tumultuous and irregular acts, as in the ancient republics. but by such as are cool, deliberate and constitutional? If they still exist, they must be charged to the negligence of the people, who, after violent agitation, have sunk into such a state of torpor and indifference with respect to government, as to be careless into what hands they trust their dearest rights. When we choose an agent to manage our private affairs, an executor to distribute our estate, we are solicitous about the integrity and abilities of those we entrust: we consult our friends: we make the choice after due deliberation. Is it not astonishing, that, when we are to elect men, whose power extends to our liberty, our property and our lives, we should be so totally indifferent, that not one in ten of us tenders his vote? Can it be thought, that an enlightened people believe the science of government level to the meanest capacity-that experience, application and education are unnecessary to those who are to frame laws for the government of the state? And yet, are instances wanting in which these have been proscribed and their place supplied by those insidious arts, which have rendered them suspected? Are past services the passport to future honors? Or, have you yourselves, gentlemen, escaped the general obloquy? Are you not calumniated by those you deem unworthy of your society? Are you