The Federal Jurisdiction has nothing to give.

Col. David Crockett
US Representative from Tennessee

Not Yours To Give

Originally published in "The Life of Colonel David Crockett," by Edward Sylvester Ellis.

One day in the House of Representatives a bill was taken up appropriating money for the benefit of a widow of a distinguished naval officer. Several beautiful speeches had been made in its support. The speaker was just about to put the question when Crockett arose:

"Mr. Speaker--I have as much respect for the memory of the deceased, and as much sympathy for the suffering of the living, if there be, as any man in this House, but we must not permit our respect for the dead or our sympathy for part of the living to lead us into an act of injustice to the balance of the living. I will not go into an argument to prove that Congress has not the power to appropriate this money as an act of charity. Every member on this floor knows it.

We have the right as individuals, to give away as much of our own money as we please in charity; but as members of Congress we have no right to appropriate a dollar of the public money. Some eloquent appeals have been made to us upon the ground that it is a debt due the deceased. Mr. Speaker, the deceased lived long after the close of the war; he was in office to the day of his death, and I never heard that the government was in arrears to him.

"Every man in this House knows it is not a debt. We cannot without the grossest corruption, appropriate this money as the payment of a debt. We have not the semblance of authority to appropriate it as charity. Mr. Speaker, I have said we have the right to give as much money of our own as we please. I am the poorest man on this floor. I cannot vote for this bill, but I will give one week's pay to the object, and if every member of Congress will do the same, it will amount to more than the bill asks."

He took his seat. Nobody replied. The bill was put upon its passage, and, instead of passing unanimously, as was generally supposed, and as, no doubt, it would, but for that speech, it received but few votes, and, of course, was lost.
Later, when asked by a friend why he had opposed the appropriation, Crockett gave this explanation:

"Several years ago I was one evening standing on the steps of the Capitol with some members of Congress, when our attention was attracted by a great light over in Georgetown. It was evidently a large fire. We jumped into a hack and drove over as fast as we could. In spite of all that could be done, many houses were burned and many families made houseless, and besides, some of them had lost all but the clothes they had on. The weather was very cold, and when I saw so many children suffering, I felt that something ought to be done for them. The next morning a bill was introduced appropriating $20,000 for their relief. We put aside all other business and rushed it through as soon as it could be done.

"The next summer, when it began to be time to think about election, I concluded I would take a scout around among the boys of my district. I had no opposition there but, as the election was some time off, I did not know what might turn up. When riding one day in a part of my district in which I was more of a stranger than any other, I saw a man in a field plowing and coming toward the road. I gauged my gait so that we should meet as he came up, I spoke to the man. He replied politely, but as I thought, rather coldly.

"I began: 'Well friend, I am one of those unfortunate beings called candidates and---
"Yes I know you; you are Colonel Crockett. I have seen you once before, and voted for you the last time you were elected. I suppose you are out electioneering now, but you had better not waste your time or mine, I shall not vote for you again."
"This was a sockdolger...I begged him tell me what was the matter.

"Well Colonel, it is hardly worthwhile to waste time or words upon it. I do not see how it can be mended, but you gave a vote last winter which shows that either you have not capacity to understand the Constitution, or that you are wanting in the honesty and firmness to be guided by it. In either case you are not the man to represent me. But I beg your pardon for expressing it that way. I did not intend to avail myself of the privilege of the constituent to speak plainly to a candidate for the purpose of insulting you or wounding you.'

"I intend by it only to say that your understanding of the constitution is very different from mine; and I will say to you what but for my rudeness, I should not have said, that I believe you to be honest.

But an understanding of the constitution different from mine I cannot overlook, because the Constitution, to be worth anything, must be held sacred, and rigidly observed in all its provisions. The man who wields power and misinterprets it is the more dangerous the honest he is.'

" 'I admit the truth of all you say, but there must be some mistake. Though I live in the backwoods and seldom go from home, I take the papers from Washington and read very carefully all the proceedings of Congress. My papers say you voted for a bill to appropriate $20,000 to some sufferers by fire in Georgetown. Is that true?
"Well my friend; I may as well own up. You have got me there. But certainly nobody will complain that a great and rich country like ours should give the insignificant sum of $20,000 to relieve its suffering women and children, particularly with a full and overflowing treasury, and I am sure, if you had been there, you would have done just the same as I did.'

"It is not the amount, Colonel, that I complain of; it is the principle. In the first place, the government ought to have in the Treasury no more than enough for its legitimate purposes. But that has nothing with the question. The power of collecting and disbursing money at pleasure is the most dangerous power that can be entrusted to man, particularly under our system of collecting revenue by a tariff, which reaches every man in the country, no matter how poor he may be, and the poorer he is the more he pays in proportion to his means.

What is worse, it presses upon him without his knowledge where the weight centers, for there is not a man in the United States who can ever guess how much he pays to the government. So you see, that while you are contributing to relieve one, you are drawing it from thousands who are even worse off than he.

If you had the right to give anything, the amount was simply a matter of discretion with you, and you had as much right to give $20,000,000 as $20,000. If you have the right to give at all; and as the Constitution neither defines charity nor stipulates the amount, you are at liberty to give to any and everything which you may believe, or profess to believe, is a charity and to any amount you may think proper. You will very easily perceive what a wide door this would open for fraud and corruption and favoritism, on the one hand, and for robbing the people on the other. 'No, Colonel, Congress has no right to give charity.'

"'Individual members may give as much of their own money as they please, but they have no right to touch a dollar of the public money for that purpose. If twice as many houses had been burned in this country as in Georgetown, neither you nor any other member of Congress would have Thought of appropriating a dollar for our relief. There are about two hundred and forty members of Congress. If they had shown their sympathy for the sufferers by contributing each one week's pay, it would have made over $13,000. There are plenty of wealthy men around Washington who could have given $20,000 without depriving themselves of even a luxury of life.'

"The congressmen chose to keep their own money, which, if reports be true, some of them spend not very creditably; and the people about Washington, no doubt, applauded you for relieving them from necessity of giving what was not yours to give. The people have delegated to Congress, by the Constitution, the power to do certain things. To do these, it is authorized to collect and pay moneys, and for nothing else. Everything beyond this is usurpation, and a violation of the Constitution.'

"'So you see, Colonel, you have violated the Constitution in what I consider a vital point. It is a precedent fraught with danger to the country, for when Congress once begins to stretch its power beyond the limits of the Constitution, there is no limit to it, and no security for the people. I have no doubt you acted honestly, but that does not make it any better, except as far as you are personally concerned, and you see that I cannot vote for you.'

"I tell you I felt streaked. I saw if I should have opposition, and this man should go to talking and in that district I was a gone fawn-skin. I could not answer him, and the fact is, I was so fully convinced that he was right, I did not want to. But I must satisfy him, and I said to him:

"Well, my friend, you hit the nail upon the head when you said I had not sense enough to understand the Constitution. I intended to be guided by it, and thought I had studied it fully. I have heard many speeches in Congress about the powers of Congress, but what you have said here at your plow has got more hard, sound sense in it than all the fine speeches I ever heard. If I had ever taken the view of it that you have, I would have put my head into the fire before I would have given that vote; and if you will forgive me and vote for me again, if I ever vote for another unconstitutional law I wish I may be shot.'

"He laughingly replied; 'Yes, Colonel, you have sworn to that once before, but I will trust you again upon one condition. You are convinced that your vote was wrong. Your acknowledgment of it will do more good than beating you for it. If, as you go around the district, you will tell people about this vote, and that you are satisfied it was wrong, I will not only vote for you, but will do what I can to keep down opposition, and perhaps, I may exert some little influence in that way.'
"If I don't, said I, 'I wish I may be shot; and to convince you that I am in earnest in what I say I will come back this way in a week or ten days, and if you will get up a gathering of people, I will make a speech to them. Get up a barbecue, and I will pay for it.'

"No, Colonel, we are not rich people in this section but we have plenty of provisions to contribute for a barbecue, and some to spare for those who have none. The push of crops will be over in a few days, and we can then afford a day for a barbecue. 'This Thursday; I will see to getting it up on Saturday week. Come to my house on Friday, and we will go together, and I promise you a very respectable crowd to see and hear you.

"'Well I will be here. But one thing more before I say good-bye. I must know your name."

"'My name is Bunce.'
"'Not Horatio Bunce?'
"'Yes
"'Well, Mr. Bunce, I never saw you before, though you say you have seen me, but I know you very well. I am glad I have met you, and very proud that I may hope to have you for my friend.'

"It was one of the luckiest hits of my life that I met him. He mingled but little with the public, but was widely known for his remarkable intelligence, and for a heart brim-full and running over with kindness and benevolence, which showed themselves not only in words but in acts. He was the oracle of the whole country around him, and his fame had extended far beyond the circle of his immediate acquaintance. Though I had never met him, before, I had heard much of him, and but for this meeting it is very likely I should have had opposition, and had been beaten. One thing is very certain, no man could now stand up in that district under such a vote.

"At the appointed time I was at his house, having told our conversation to every crowd I had met, and to every man I stayed all night with, and I found that it gave the people an interest and confidence in me stronger than I had ever seen manifested before.

"Though I was considerably fatigued when I reached his house, and, under ordinary circumstances, should have gone early to bed, I kept him up until midnight talking about the principles and affairs of government, and got more real, true knowledge of them than I had got all my life before."

"I have known and seen much of him since, for I respect him - no, that is not the word - I reverence and love him more than any living man, and I go to see him two or three times every year; and I will tell you, sir, if every one who professes to be a Christian lived and acted and enjoyed it as he does, the religion of Christ would take the world by storm.

"But to return to my story. The next morning we went to the barbecue and, to my surprise, found about a thousand men there. I met a good many whom I had not known before, and they and my friend introduced me around until I had got pretty well acquainted - at least, they all knew me.

"In due time notice was given that I would speak to them. They gathered up around a stand that had been erected. I opened my speech by saying:

"Fellow-citizens - I present myself before you today feeling like a new man. My eyes have lately been opened to truths which ignorance or prejudice or both, had heretofore hidden from my view. I feel that I can today offer you the ability to render you more valuable service than I have ever been able to render before. I am here today more for the purpose of acknowledging my error than to seek your votes. That I should make this acknowledgment is due to myself as well as to you. Whether you will vote for me is a matter for your consideration only."

"I went on to tell them about the fire and my vote for the appropriation and then told them why I was satisfied it was wrong. I closed by saying:
"And now, fellow-citizens, it remains only for me to tell you that the most of the speech you have listened to with so much interest was simply a repetition of the arguments by which your neighbor, Mr. Bunce, convinced me of my error.

"It is the best speech I ever made in my life, but he is entitled to the credit for it. And now I hope he is satisfied with his convert and that he will get up here and tell you so.'

"He came up to the stand and said:

"Fellow-citizens - it affords me great pleasure to comply with the request of Colonel Crockett. I have always considered him a thoroughly honest man, and I am satisfied that he will faithfully perform all that he has promised you today.'
"He went down, and there went up from that crowd such a shout for Davy Crockett as his name never called forth before.'

"I am not much given to tears, but I was taken with a choking then and felt some big drops rolling down my cheeks. And I tell you now that the remembrance of those few words spoken by such a man, and the honest, hearty shout they produced, is worth more to me than all the honors I have received and all the reputation I have ever made, or ever shall make, as a member of Congress.'

"Now, sir," concluded Crockett, "you know why I made that speech yesterday. "There is one thing which I will call your attention, "you remember that I proposed to give a week's pay. There are in that House many very wealthy men - men who think nothing of spending a week's pay, or a dozen of them, for a dinner or a wine party when they have something to accomplish by it. Some of those same men made beautiful speeches upon the great debt of gratitude which the country owed the deceased--a debt which could not be paid by money--and the insignificance and worthlessness of money, particularly so insignificant a sum as $20,000 when weighed against the honor of the nation. Yet not one of them responded to my proposition. Money with them is nothing but trash when it is to come out of the people. But it is the one great thing for which most of them are striving, and many of them sacrifice honor, integrity, and justice to obtain it."

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Thomas Jefferson - The spirit of a free America

"What country can preserve its liberties if its rulers are not warned from time to time that their people
preserve the spirit of resistance? Let them take arms. The remedy is to set them right as to facts,
pardon and pacify them." --Thomas Jefferson to William Stephens Smith, 1787. ME 6:373, Papers
12:356

"Governments, wherein the will of every one has a just influence... has its evils,... the principal of which
is the turbulence to which it is subject. But weigh this against the oppressions of monarchy, and it
becomes nothing. Malo periculosam libertatem quam quietam servitutem. [I prefer the tumult of liberty
to the quiet of servitude.] Even this evil is productive of good. It prevents the degeneracy of
government, and nourishes a general attention to the public affairs." --Thomas Jefferson to James
Madison, 1787. ME 6:64

"The spirit of resistance to government is so valuable on certain occasions, that I wish it to be always
kept alive. It will often be exercised when wrong, but better so than not to be exercised at all. I like a
little rebellion now and then. It is like a storm in the atmosphere." --Thomas Jefferson to Abigail
Adams, 1787.

"God forbid we should ever be twenty years without such a rebellion... We have had thirteen States
independent for eleven years. There has been one rebellion. That comes to one rebellion in a century
and a half, for each State. What country before ever existed a century and a half without a rebellion?"
--Thomas Jefferson to William S. Smith, 1787. ME 6:372

"Most codes extend their definitions of treason to acts not really against one's country. They do not
distinguish between acts against the government, and acts against the oppressions of the government.
The latter are virtues, yet have furnished more victims to the executioner than the former, because
real treasons are rare; oppressions frequent. The unsuccessful strugglers against tyranny have been
the chief martyrs of treason laws in all countries." --Thomas Jefferson: Report on Spanish Convention,
1792.

"If our country, when pressed with wrongs at the point of the bayonet, had been governed by its heads
instead of its hearts, where should we have been now? Hanging on a gallows as high as Haman's."
--Thomas Jefferson to Maria Cosway, 1786. ME 5:444

"The commotions that have taken place in America, as far as they are yet known to me, offer nothing
threatening. They are a proof that the people have liberty enough, and I could not wish them less than
they have. If the happiness of the mass of the people can be secured at the expense of a little tempest
now and then, or even of a little blood, it will be a precious purchase. 'Malo libertatem periculosam
quam quietem servitutem.' Let common sense and common honesty have fair play, and they will soon
set things to rights." --Thomas Jefferson to Ezra Stiles, 1786. ME 6:25

"The tumults in America I expected would have produced in Europe an unfavorable opinion of our
political state. But it has not. On the contrary, the small effect of these tumults seems to have given
more confidence in the firmness of our governments. The interposition of the people themselves on the
side of government has had a great effect on the opinion here [in Europe]." --Thomas Jefferson to
Edward Carrington, 1787. ME 6:57

"The late rebellion in Massachusetts has given more alarm than I think it should have done. Calculate
that one rebellion in thirteen states in the course of eleven years, is but one for each state in a century
and a half. No country should be so long without one. Nor will any degree of power in the hands of
government prevent insurrections." --Thomas Jefferson to James Madison, 1787. ME 6:391

"[An occasional insurrection] will not weigh against the inconveniences of a government of force, such
as are monarchies and aristocracies." --Thomas Jefferson to T. B. Hollis, July 2, 1787. (*) ME 6:155

"Cherish... the spirit of our people, and keep alive their attention. Do not be too severe upon their
errors, but reclaim them by enlightening them." --Thomas Jefferson to Edward Carrington, 1787. ME
6:58

Misdirected Resistance

"There are extraordinary situations which require extraordinary interposition. An exasperated people
who feel that they possess power are not easily restrained within limits strictly regular." --Thomas
Jefferson: Rights of British America, 1774. ME 1:196, Papers 1:127

"[The] uneasiness [of the people] has produced acts absolutely unjustifiable; but I hope they will
provoke no severities from their governments. A consciousness of those in power that their
administration of the public affairs has been honest may, perhaps, produce too great a degree of
indignation; and those characters wherein fear predominates over hope, may apprehend too much from
these instances of irregularity. They may conclude too hastily, that nature has formed man
insusceptible of any other government than that of force, a conclusion not founded in truth nor
experience." --Thomas Jefferson to James Madison, Jan. 30, 1787. ME 6:64

"The arm of the people [is] a machine not quite so blind as balls and bombs, but blind to a certain
degree." --Thomas Jefferson to William Short, 1793. ME 9:10

"I hold it that a little rebellion, now and then, is a good thing, and as necessary in the political world as
storms are in the physical. Unsuccessful rebellions, indeed, generally establish the encroachments on
the rights of the people, which have produced them. An observation of this truth should render honest
republican governors so mild in their punishment of rebellions, as not to discourage them too much. It is
medicine necessary for the sound health of government." --Thomas Jefferson to James Madison, 1787.
ME 6:65

"[No] degree of power in the hands of government [will] prevent insurrections." --Thomas Jefferson to
James Madison, 1787. Papers 12:442.

"The boisterous sea of liberty is never without a wave." --Thomas Jefferson to Richard Rush, 1820.
ME 15:283

"What signify a few lives lost in a century or two? The tree of liberty must be refreshed from time to
time with the blood of patriots and tyrants. It is its natural manure." --Thomas Jefferson to William
Stephens Smith, 1787. ME 6:373, Papers 12:356

Rebellion, Right and Wrong

"Whenever any form of government becomes destructive of these ends [i.e., securing inherent and
inalienable rights, with powers derived from the consent of the governed], it is the right of the people to
alter or abolish it, and to institute new government, laying its foundation on such principles, and
organizing its powers in such form, as to them shall seem most likely to effect their safety and
happiness." --Thomas Jefferson: Declaration of Independence, 1776. ME 1:29, Papers 1:315

"In no country on earth is [a disposition to oppose the law by force] so impracticable as in one where
every man feels a vital interest in maintaining the authority of the laws, and instantly engages in it as in
his own personal cause." --Thomas Jefferson to Benjamin Smith, 1808. ME 12:62

"In a country whose constitution is derived from the will of the people directly expressed by their free
suffrages, where the principal executive functionaries and those of the legislature are renewed by them
at short periods, where under the character of jurors they exercise in person the greatest portion of the
judiciary powers, where the laws are consequently so formed and administered as to bear with equal
weight and favor on all, restraining no man in the pursuits of honest industry and securing to every one
the property which that acquires, it would not be supposed that any safeguards could be needed against
insurrection or enterprise on the public peace or authority. The laws, however, aware that these should
not be trusted to moral restraints only, have wisely provided punishments for these crimes when
committed." --Thomas Jefferson: 6th Annual Message, 1806. ME 3:418

"As revolutionary instruments (when nothing but revolution will cure the evils of the State) [secret
societies] are necessary and indispensable, and the right to use them is inalienable by the people; but
to admit them as ordinary and habitual instruments as a part of the machinery of the Constitution,
would be to change that machinery by introducing moving powers foreign to it, and to an extent
depending solely on local views, and, therefore, incalculable." --Thomas Jefferson to William Duane,
1803. FE 8:256

"The paradox with me is how any friend to the union of our country can, in conscience, contribute a
cent to the maintenance of anyone who perverts the sanctity of his desk to the open inculcation of
rebellion, civil war, dissolution of government, and the miseries of anarchy." --Thomas Jefferson to
William Plumer, 1815. ME 14:235