ARTHUR M. WOLFSON, PH.D., Editor.
A STUDY OF THE DECLARATION OF INDEPENDENCE.
The Declaration of Independence is, in
every way, an ideal document for study
in a secondary school. Every student in
the class is undoubtedly familiar with it;
he has heard it quoted, in whole or in
part, on numberless occasions; he thinks
he knows all about it, and yet the teacher
can easily show him that it contains vast
stores of ideas which up to the present
time he has never even suspected. No
document in all American history is so
easy of interpretation: the language is
clear and simple; the phraseology is direct
and unencumbered; the document is divided
and subdivided so that anyone who takes
the trouble can easily analyze it. The
Declaration itself is to be found in almost
every school history, and the sources and
secondary authorities which illustrate it
are easily accessible and not too difficult
for the ordinary secondary school student.
First, a few suggestions as to where
these sources and secondary authorities may
be found. Of primary importance is Macdonald’s
“Select Charters Illustrative of
American History—1606 to 1775;” second,
though not so good, is Preston’s “Documents
Illustrative of American History—1606
to 1863;” third, Hart’s “American
History Told by Contemporaries,” Volume
II, Part VI; fourth, the “American History
Leaflets,” Numbers 11, 19, 21, and
33. Beside these the teacher may easily
discover one or another of the documents
in many other places. Of the secondary
authorities, beside the ordinary
histories of the American nation, all of
which contain the leading facts and incidents
upon which the Declaration is based,
the teacher is referred especially to Friedenwald’s
“Declaration of Independence.”
Next to that, the most important works are
Moses Coit Tyler’s “Literary History of the
American Revolution,” and Frothingham’s
“Rise of the Republic of the United
States,” particularly the foot-notes. Furthermore,
the teacher and the student will
find illuminating essays on the political
theories of the Declaration of Independence
in Merriam’s “American Political Theories,”
in A. Lawrence Lowell’s “Essays in Government,”
in Leslie Stephen’s “English
Thought in the Eighteenth Century,” and
in Bryce’s “Studies in History and Jurisprudence.”
By no means all of these works
need be consulted; an examination of one
or two of them will suffice.
The study of the Declaration falls naturally
into three parts and students may
therefore profitably be set to work separately
or in groups on one of its three problems.
First, there is the problem of the
growth of the idea of independence; second,
there is the problem of the validity and
cogency of the numberless adverse criticisms
of the Declaration. Is it merely a mass of
“glittering and sounding generalities of
natural right?” as Choate called it. Is it
a partisan and unfair statement? Is its
political theory false and therefore of no
historical importance? Third, there is the
possibility of submitting the Declaration itself
to complete and thorough class-room
analysis.
Taking each of these problems separately,
let us endeavor to set in order first, the
sources which should be studied in tracing
the growth of the idea of independence in
the colonies. Up to 1761, though there had
been causes for differences of opinion between
the Crown and the colonies, none of
these causes had led to an open breach. In
1761 came the difficulty about the Writs of
Assistance in which James Otis took such
a prominent part. Otis’ speech on the
Writs of Assistance, and especially his
“Vindication of the House of Representatives”
and his “Rights of the Colonies”
may therefore be studied with profit. In
them will be found the first statement
of the American theory of government.
These documents may be found in Hart’s
Contemporaries, in the American History
Leaflets, and in various other places. Following
then in quick succession come the
various declarations of the colonies and the
various petitions to the Crown, beginning
with the Declaration of the Stamp Act Congress
issued in 1765 and ending with the
Olive Branch Petition issued in June, 1775.
Most of these documents can be found most
conveniently in Macdonald’s Select Charters
and the teacher can make his own selection
according to his taste and the size of his
class. The only thing to be emphasized in
the study of any or all of these documents
is the fact that, as Friedenwald expresses
it, in speaking of the First Continental Congress
(Declaration of Independence, p. 28),
“spirited and outspoken as were the resolutions
of the Congress of 1774 in stating
their demands, there is no sign among them
all that can rightly be interpreted as indicating
a wish for the establishment, even
remotely, of an independent government.”
The same facts can be gleaned from a study
of Tyler’s “Literary History of the American
Revolution,” Vol. I, p. 458 ff.
With the news of the rejection of the
Olive Branch Petition which reached the
colonies in November, 1775, begins a new
phase of the American Revolution. Thenceforward,
there is a rapid and steady growth
of the idea of political independence. The
development of this idea should be studied
in such documents as the declarations of the
various colonies, especially the Virginia
Declaration of Rights, June, 1776, and in
the writings of the Revolutionary leaders
such as Thomas Paine’s pamphlet entitled
“Common Sense” issued in January, 1776,
and the correspondence of John Adams.
The idea culminates, of course, in the
Declaration of Independence.
“Under this aspect,” says Tyler (Vol. I, p.
477) comparing the Revolution to the Civil
War, “the American Revolution had just
two stages; from 1764 to 1776, its champions
were Nullifiers without being Secessionists;
from 1776 to 1783, they were Secessionists,
and as events proved, successful
Secessionists.”
Criticism of the Declaration of Independence
began with the animadversions of John
Adams in his letter to Pickering in 1822
and has continued ever since. First, it has
been declared that the ideas expressed in
the preamble are not new, that “there is
not an idea in it,” as Adams said, “but
what had been hackneyed in Congress for
two years before;” second, that the document
is partisan and that the statement of
grievances is unfair to the British Crown
and to Parliament; third, that the political
philosophy contained in the preamble is
false and contrary to the facts of history.
In a short paper like this it is impossible
to examine each of these criticisms in detail.
The teacher who is interested can
easily find in Friedenwald and in Tyler and
in the other authorities mentioned above
full and adequate discussion of each of
these charges. Here it must suffice to say
in answer to the first charge that Jefferson
himself in a letter to Madison, dated August
30, 1823, declared, “I did not consider
it any part of my charge to invent new
ideas altogether, and to offer no sentiment
which had ever been expressed before....
I thought it a duty to be, on that occasion,
a passive auditor of the opinions of others,
more impartial judges than I could be of
its merits and demerits.” In other words,
Jefferson’s task was not to invent, as
French publicists were prone to do on such
occasions, new theories of government, but
simply to express the ideas which were the
product of the political discussion which
was going on about him, and which would
be familiar and acceptable to the men in
America and in Europe to whom the Declaration
was addressed.
That the document is partisan is of
course true; but this is scarcely a valid
criticism. Neither Jefferson nor any of
his colleagues claimed to sit as judges between
the colonies and the mother country.
They were bound merely to put their claims
as strongly as they could, and then leave
the judgment of the case to “a candid
world.”
Third, as long at the Declaration be
studied merely as an historical document,
it matters not whether its theories be false
or true; it matters only that the student
understand how completely its principles
dominated the minds of the men who had a
share in drawing up the document and the
minds of men both in America and in
Europe to whom it was addressed.
Coming now to the analysis of the Declaration
itself, we find that it falls naturally
into three parts. First, there is the preamble
in which Jefferson and his colleagues
set forth the political theory current in the
colonies in 1776; second, there is the
enumeration of grievances by which the
colonists hoped to prove that the king had
violated their sacred rights, and finally
there is the conclusion, namely, “That
these United Colonies are, and of right
ought to be free and independent states.”
The political doctrine of the Declaration
is well known. Summed up in a single
phrase, it is commonly called the Compact
Theory of Government; that is, that all
men are born with certain “natural rights,”
that to secure these rights they enter by
their own consent into political unions (the
compact), that when these natural rights
are violated by those whom they have set
up to govern them, they have a right to
throw off the restraints of government, to
enter into a new compact, “to provide new
guards for their future security.” It used
to be supposed that Jefferson derived this
theory of government from the writings
of the French philosophers, of whom Rousseau
was the most famous. This idea, however,
has long since been exploded. We
know now that the American revolutionary
statesmen from Otis to Jefferson were impregnated
with good English ideas, that
they looked to John Locke, not to Rousseau,
as their master. The teacher should therefore
make clear to his students just what
the ideas of Locke were and especially the
occasion which gave them birth. It is not
a matter of chance that Locke’s Treatises
on Government were issued in the period
of the Revolution of 1688 and the student
should be made to understand this. For a
full discussion of the almost exact verbal
relation between the Declaration of Independence
and the writings of Locke the
teacher is referred to the books mentioned
at the beginning of this paper.
Perhaps the most valuable class exercises
in connection with the Declaration of Independence
is an analysis of the grievances
set forth in the document and the effort to
find the specific acts upon which these statements
are based. Several of them refer to
acts and events whose history is obscure,
but most of them can easily be traced to
their sources. For a thorough analysis of
the grievances, the teacher should go to
Friedenwald, Chapters X and XI. Here we
can give only the briefest outline. Thus,
for instance, a search of the Journals of
the Board of Trade will show that at least
twenty important laws were rejected or suspended
by the Crown in 1773, that the consideration
of other laws was neglected sometimes
as long as four or five years (Sections
1 and 2); that the king absolutely forbade
his governors in 1767 and even earlier to
allow the colonial assemblies to organize
new counties in the Appalachian region
unless they were willing to deprive these
counties of representation (Section 3). The
facts upon which Sections 4, 5, and 6 are
based may be found in almost any school
history. The grievances stated in Sections
7 and 8 are again somewhat obscure and
cannot therefore be used with profit for
class-room discussion. The next three sections,
however, refer to acts and events
which grew out of the attempted enforcement
of the various acts of parliament between
1765 and 1775 and which can therefore
be found without difficulty. Sections
12 and 13 likewise are based on facts which
any student can discover in his text book.
The facts upon which Section 14, which
refers to the various acts of Parliament attempting
to regulate colonial trade and
colonial government, is based, the student
can again discover by consulting his history;
while the last four grievances which complain
of acts done by the king since the
outbreak of the Revolution can be analysed
with the greatest facility.
The conclusion of the Declaration needs
no special study. It follows naturally
from the preamble, and from the statement
of grievances which Jefferson and his colleagues
now considered as proved. The
irony, conscious or unconscious, of Jefferson’s
use of the exact language of the
Declaratory Act of 1766, always impresses
the student when the comparison is made
clear (Macdonald, Charters, p. 316). Another
fruitful comparison is with the Dutch
Act of Abjuration, of July 24, 1581 (Old
South Leaflets, No. 72).
The student should be required to know
exactly the language of the most significant
phrases of the conclusion; indeed, certain
striking and important phrases throughout
the Declaration may very well be set to
the students for exact memorization.