Wendell Phillips Quotes
There is a very broad theory that society gets the right to hang, as the individual gets the right to defend himself. Suppose she does; there are certain principles which limit this right. Society has got the murderer within four walls; he never can do any more harm. Has society any need to take that man's life to protect itself? If any society has only the right that the individual has, she has no right to inflict the penalty of death, because she can effectually restrain the individual from ever again committing his offence.
Phillips, Wendell. Speeches, Lectures, and Letters: Second Series. Lee and Shepard, 1891.
There is not much difference between England then and America now.
This is a very important political, historical, and philosophical quotation. This is a view that is very common amongst many Americans—especially those who are religious. As a factual matter, it is not clear that ALL the founding fathers personally believed in the creator--God. All the views have never been discerned. However it is almost certain that the majority of the Founders so believed. The complication with taking this viewpoint too literally is that while our rights may have come from God, it is men who determined exactly what rights would be enumerated on our constitution. For example. the original draft of the Constitution did not include, the right to a free press, the right of due process, the right of being free from religious compulsion and others. Yet it passed. Then other men and women wanted more rights added and the Constitution was ratified on condition that the Bill or Rights would be incorporated as the first 10 amendments. There were other rights that were not explicitly mentioned. For example, there is no right to an education mentioned in the Constitution or any of the amendments. Blacks had no rights until additional amendments were passed. And later there was an amendment that denied Americans the right to drink alcohol. Then another that gave the rights back. There are rights that other nations have which we do not—ie the right to medical care. Which if these did God grant and which, not? So even if we assume that every one of the founding fathers not only believed in God, but believed the rights were all God given, we would still be in the practical dilemma of having to specify the language of each right and always to, by amendment, adding additional rights or modifying or even deleting older rights. Many believe that Americans were divinely inspired when we added (or changed) rights. Others, not. However, regardless, we must go through the same procedures of enumerating American rights and amending the constitution. So the process is the same for both those who believe that our rights come from God and those who do not. To change rights, we need the action of Americans divinely inspired or otherwise, but they can and have been changed. For example, before 1963 Americans did not have a right to use birth control devices. After the Supreme Court Griswald v. Conn. We did and now have a right to use birth control devices. The mode that rights are manifested, defined, enumerated and implemented is a political one—one that in our American system allows us all to implement that system whether or not we believe that our rights come from our Creator.
Wendell Phillips was an American abolitionist, advocate for Native Americans, orator, and attorney.
