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Frederick Douglassโ great lecture โWhat to the Slave Is the Fourth of July?,โ delivered on July 5th, 1852, to a predominantly white audience at Rochesterโs Corinthian Hall, captured the contradictions built into the nationโs July Fourth celebrations, then and to this day. The nationโs founding document may have declared that โAll men are created equal,โ but at the time of Douglassโ speech over three million Black people were enslaved. Douglassโ decision to deliver the speech on July 5th conveyed his view that the Fourth was not yet worth celebrating, for the holiday revealed to the American slave, โmore than all other days in the year,โ as Douglass put it, โthe gross injustice and cruelty to which he is the constant victim.โ The Thirteenth Amendment ended slavery in 1865, but โWhat to the Slaveโ continues to speak to many readers about the gross injustice and cruelty of a nation that fails to offer equal opportunities and justice for all.
That speech, however, may not be the most compelling or even relevant of Douglassโ speeches for this yearโs Fourth of July. A better candidate would be his 1867 โSources of Danger to the Republic,โ delivered after the Civil War on several occasions, including as part of a Black-sponsored lecture series in Philadelphia. Douglass took stock of the Founding Fathers, the Constitution, and the democratic promise of the Declaration of Independence, and his concerns prophetically anticipate our present moment.
โSources of Dangerโ was prompted by Douglassโ anger at President Andrew Johnson, whom he believed had betrayed the promise of Reconstruction by attempting to block all legislation intended to bring about racial equality. Though not delivered on or near July Fourth, the speech shares much of the holidayโs sentiment. Douglass begins with an appeal to โpatriotic citizens of the United States,โ and, stopping short of โFourth-of-July extravagances,โ he offers his โhumble gratitude to the fathers who framed the nationโs founding documents.โ (I quote from the version Douglass gave to the Black audience in Philadelphia on January 3, 1867.)
As in his more famous Fifth of July speech, Douglass laments the nationโs failure to live up to โthe great principles of the Declaration of Independence.โ In addition, he argues in โSources of Dangerโ that the Constitution makes the presidency into something like a monarchy and thus a threat to democracy. Douglass concedes that there are electoral limits on the presidency, making it different from a monarchy. Nevertheless, the president, invested as he is with nearly unlimited power, โcan reign long enough to commit any number of mischievous acts, and so defeat the most beneficent measures of our Government.โ
How did it happen that some of the signers and supporters of the Declaration of Independence could create a government in which a president like Johnson is โinvested with kingly powersโ? Douglass speculates that the โfathers of this republic,โ who were born under โmonarchical institutions,โ retained an unconscious nostalgia for monarchy. That nostalgia led to a key mistake in the Constitutionโthe elevation of the presidency to a kingshipโwhich โmust now be corrected.โ As he instructs his audience, โYou must have either a purely republican Government or you must have a monarchical Government, one or the other.โ The burden of what could be called Douglassโ No-Kings speech is to identify the problem and suggest how to fix it.
Initially, the problem seems to be Andrew Johnson. Douglass states that the framers of the Constitution failed to anticipate a president like Johnsonโa man willing to take full advantage of the lack of restraints on the presidency to become a โone-man power.โ But even though Douglass refers to Johnson now and again, over the course of the speech he steps back in order to make a larger case about Constitutional failure and more disinterestedly offers his concerns about the nationโs future presidents and prospects.
โKing Andy,โ illustration by Thomas Nast. From Harperโs Weekly , November 1, 1866.
Douglass first calls attention to how the Constitution puts โ immense patronage in the hands of the President.โ The president, he observes, has access to โhundred millions of dollars per annum in times of peace, and uncounted thousands of millions in times of war.โ There are only limited constraints on how he might use the money. He can use it to advance his own policies or even to enrich himself and assume power over others. Douglass is particularly concerned about how easily the president can distribute the nationโs money โamong his political friends.โ At the thought, Douglass can only throw up his hands and declare: โWhat a power! What a corrupting power!โ
And thereโs more: Douglass calls attention to the corruption enabled by the presidentโs veto power. He is outraged that a single personโthe presidentโcan overrule a simple majority of congressional legislators. The idea that the president always out-votes an under two-thirds congressional majority is โan absurdity,โ Douglass says, as well as an affront to democracy. Douglass leaves no doubt about what he thinks should be done to address the anti-democratic presidential veto: โI want that old, despotic, and aristocratic power of our Government utterly banished from our Constitution. It has no business in a republican form of government.โ Even in England, Douglass points out, no such power is invested in the monarchy.
Even though Douglass refers to Johnson now and again, over the course of the speech he steps back in order to make a larger case about Constitutional failure and more disinterestedly offers his concerns about the nationโs future presidents and prospects.
Douglass next turns to the presidentโs pardoning power as yet another source of danger. He does not want to eliminate the possibility of pardons, but he sees corruption as the inevitable result of the presidentโs absolute right to grant them. In Douglassโ time, he was particularly angry about Johnsonโs decision to pardon nearly all of the leaders of the former Confederacy. As a political theorist, however, he looked into the future and was especially concerned about how unrestricted pardons added to presidential power. With the help of the Constitution, a presidentโs ability to pardon felons could be deployed โto win personal friends and co-operation and alliance, instead of loyal obedience to the laws of the land.โ
Among Douglassโ suggestions for limiting presidential power, perhaps the most pertinent for our present historical moment is his call to abolish the presidentโs ability to undertake โsecret diplomacy.โ which puts the nation at risk. As Douglass warns, a bad president will choose a bad cabinet, and with โa bad President and a bad Cabinetโ doing the secretive diplomatic work, โthis nation might be conducted into the jaws of a terrible war, and be perfectly helpless.โ
Andrew Johnson, the immediate focus of Douglassโ critique, was impeached that next year. Douglass thought he should have been convicted for crimes against Black people, but he was impeached for something very different: his violation of the Tenure of Office Act by firing Secretary of War Edwin M. Stanton. But was impeachment the best response to the problem? In โSources of Dangerโ Douglass insists that broad constitutional change, rather than rituals of impeachment, would help to insure the future of the country.
Even in an angry and at times despairing speech like โSources of Danger to the Republic,โ Douglass retained hope for the future, calling on Americans to secure the democratic promise of the nation. โStrike down the one-man power everywhere,โ he says at the speechโs conclusion; โmake your Government lean to the people, and away from the individual or the one-man power.โ If Americans are willing to do that, through constitutional reform or other means, โyou make sure the permanence, prosperity, and glory of this great republic.โ This is Douglassโ wish and request to us from 1867. As in โWhat to the Slave Is the Fourth of July?,โ he reminds Americans of the still unfulfilled egalitarian promise of the Declaration of Independence, and there is no better time for such a reminder than July Fourth.
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