Thursday, July 1, 2021

Declaration of Independence

  

                                          

 

Many, many years ago when I earned my Ph.D in History from Fordham University, my field of concentration was British politics at the time of the American Revolution. The subject of my dissertation was the political career of General Henry Seymour Conway, a statesman and politician as well as a military man. 

Conway was one of the few British politicians to oppose the attempt to subdue the American colonies by military force. In fact, he was the one who led the fight in the House of Commons to repeal the notorious Stamp Act in 1766 during the short lived Rockingham administration, and then in 1782, it was his motion in Parliament for a cessation of hostilities in America after the surrender of a British army at Yorktown, that effectively brought an end to the American war. 

In studying his career it became obvious to me that the Americans were fighting for what they considered to be their traditional rights as Englishmen. The Declaration may be difficult to read or understand today but here I reproduce a brief explanatory essay.

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Every July 4 we celebrate Independence Day, the anniversary of the promulgation of our famed Declaration of Independence on July 4, 1776. Most of us have heard the famous opening lines of the document, 

“We hold these truths to be self evident, that all men are created equal, that they are endowed by their Creator with certain unalienable rights, that among these are life, liberty, and the pursuit of happiness.”

However, few have ever read the entire Declaration and even fewer have any understanding of the nature of the actual grievances that led the colonists to sever their ties with England and seek independence. Most readers don’t get past the following words.

But when a long train of abuses and usurpations, pursuing invariably the same object, evinces a design to reduce them under absolute despotism, it is their right, it is their duty, to throw off such government, and to provide new guards for their future security.

King George III of England was one of the nicest, most benevolent rulers that England ever had, but the Declaration portrayed him as a tyrannical despot. However, the real conflict between England and her American colonies was not between Monarchy and Democracy but between the rights of the British people represented as they were by their own Parliament, and the rights of the American colonists represented as they were by their own colonial assemblies. In this conflict no one was a greater supporter of the rights and authority of the British Parliament than the King.

For the most part the Declaration of Independence does not complain about violations of individual human rights but concentrates on what it claims has been a systematic attempt on the part of the government in England to violate the rights and privileges of colonial representative assemblies. 

The founding fathers believed these assemblies that represented the leading citizens and property owners in the various colonies were the sole bulwark against monarchical tyranny on the one hand, and democratic anarchy on the other. They claimed that the King and his colonial governors have repeatedly refused to put into operation laws passed by these assemblies.

He has refused his assent to laws, the most wholesome and necessary for the public good.

He has forbidden his governors to pass laws of immediate and pressing importance, unless suspended in their operations till his assent should be obtained;

He has refused to pass other laws for the accommodation of large districts of people, unless those people would relinquish the right of representation in the legislature,…

He has called together legislative bodies at places unusual, uncomfortable, and distant from the depository of their public records for the sole purpose of fatiguing them into compliance with his measures.

In some cases the English government has even gone so far as to dissolve some of these representative assemblies and leave particular colonies without any form of self-government. The legal system, military defense, and tax collection have been taken out of the hands of the colonial representatives. Here are some examples:

He has obstructed the administration of justice, by refusing his assent to laws for establishing judiciary powers.

•He has made the judges dependent on his will alone, for the tenure of their offices, and the amount and payment of their salaries.

•He has erected a multitude of new offices, and sent hither swarms of officers to harass our people, and eat out their substance.

•He has kept among us, in times of peace, standing armies, without the consent of our legislatures.

• He has affected to render the military independent of and superior to the civil power.

In the end the Declaration claimed that it came down to a contest between their own local representative assemblies and a faraway legislature that did not represent them. Because they had come to deny the authority of the British Parliament, they never used the word Parliament in the document. 

There are elements in the Declaration that might seem offensive to modern ears. Jefferson and others in America opposed the efforts of a reforming British government to permit religious toleration of the large Catholic population in newly conquered Canada. For them Catholicism went hand in hand with despotism. The Declaration also complained about attempts on the part of the British government to prevent colonization of Indian territory. Indeed, it claimed that England was encouraging the native tribes.

Nevertheless, the leaders assembled in Congress insisted on their rights as Englishmen to govern themselves. They wanted government to be as close to home as possible. They would make their own laws, vote their own taxes when necessary, and be responsible for their own legal and military systems. They did not want to be governed by a faraway government that had little concern for their interests or welfare.

It was true that the founders were men of property and status. Washington, Jefferson, Adams, Madison, and Franklin were not common men. Democracy would come later. For the present they wanted to protect their right to self-government. The British government had declared itself “invested with power to legislate for us in all cases whatsoever.” To resist, they were prepared to risk all that they held dear.

“And for the support of this declaration, with a firm reliance on the protection of Divine Providence, we mutually pledge to each other our lives, our fortunes, and our sacred honor.” 

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