Friday, January 26, 2018

Declaration of the Causes and Necessity of Taking up Arms, Part IX: More British than British, contd.

While Jefferson and Dickinson’s 1775 Declaration did not go so far as to make explicit the evident dedication of the united colonies to preserve the traditions of British constitutionalism, it did ultimately offer a remarkably powerful rebuke against the contemporary British government which could not have but made perfectly clear the nature and depth of the conviction nurtured by the delegates to the Continental Congress and the colonies they represented. Namely, after having described the repeated and respectful petitions for relief that had been submitted by the united colonies to the Crown over the course of the Anglo-American crisis near the end of the fifth paragraph therein, Jefferson and Dickinson asserted that,

We have pursued every temperate, every respectful measure; we have even proceeded to break off our commercial intercourse with our fellow-subjects, as the last peaceable admonition, that our attachment to no Nation upon earth should supplant our attachment to liberty.

Consider, for a moment, the implication of that last clause. In spite of pursuing the stated objective of achieving reconciliation between the Thirteen Colonies and the Crown, Parliament, and people of Britain, here a document issued by representatives of these selfsame colonies declared without ambiguity or equivocation that the American people valued their freedom more than they valued their relationship with their nominal motherland. While doubtless offered sincerely, it would seem rather difficult now to imagine the circumstances within which either the membership of the Continental Congress believed this sentiment to be conducive to conciliation or the reigning ministry in London would have received it in the spirit it was given.

Taken at face value, the sentiment at the core of this affirmation would seem to be something on the order of “If forced to choose, it is better to be free than to be British.” From the perspective of a government in the process of confronting an armed insurrection in one of its colonial possessions, whose members had borne witness to over a decade of tumult originating from that same quarter of the empire, and whose duties arguably demanded a degree of suspicion and mistrust whenever that empire was in any way threatened by the prospect of dissolution, it would seem exceedingly unlikely that this kind of declaration would be met as anything other than an expression of extreme ingratitude. Britain had protected the colonies from invasion and conquest by rival European powers, provided a shield for their commerce in the form of the indomitable Royal Navy, and offered a seemingly unquenchable market for the various commodities they had it in their power to extract, produce, or cultivate. And in exchange, it more than likely appeared to Lord North and his ministers, the united colonies had the temerity to assert that liberty was more important than any attachment they might have felt to any nation on Earth.

What was the meaning of “liberty” to these colonists anyway? Were they not some of the freest people in the world? Didn’t the British Constitution guarantee to them a set of rights and freedoms that the greater share of the globe could only envy? And what of the loyalty, fealty, and gratitude they owed to the nation that had nurtured them since their infancy? The men who had died upon the field of battle in defence of the colonies during the Seven Years War – at Fort Oswego, and Fort Carillon, and Quebec City, among others – did their blood, their suffering, and their lives count for so little? These and similar questions doubtless lashed at the minds of the members of Lord North’s government as the Anglo-American crisis shifted from popular protest to armed rebellion over the course of the middle 1770s. As it happened, the answers that the collective leadership of the united colonies were most likely to offer were almost certainly among the least satisfying it was possible to conceive. It wasn’t simply that the colonists would rather be free than British, Jefferson and Dickinson argued in their 1775 Declaration. Rather, it was that they believed that an attachment to freedom which made no allowance for loyalty or sentiment was absolutely fundamental to what it meant to be British.

In deference to this assertion, the history of England to that period had arguably shown as much. In spite of their supposed fealty to the Crown, members of the landed aristocracy had taken up arms against their sovereign during, among many other notable revolts, the First (1215-1217) and Second (1264-1267) Baron’s Wars, the Despenser War (1321-1322), the Rising of the North (1569-1570), and the Monmouth Rebellion (1685). The English Civil War (1642-1651) combined a similar attempt by influential magnates to reign in executive authority with strains of popular discontent over religious and social inequality, while the aforementioned Glorious Revolution (1688) witnessed the overthrow of a reigning monarch, the solidification of Catholic exclusion from public affairs, and the death knell of political absolutism in Britain. Laying aside the various colonial precedents for a similarly vigilant sense of citizenship – Bacon’s Rebellion (1676), the Boston Revolt (1689), the War of the Regulation (1765-1771), etc. – the history of Britain alone would seem to have provided the inhabitants of the Thirteen Colonies with ample reason to understand their status as British subjects as an identity that actively embraced radical resistance to infringements upon one’s rights and freedoms. Granted, the leaders of the cited aristocratic rebellions were generally fighting to preserve the privileges of their social class or to dispel the power of adversarial royal favorites – hardly the kinds of objectives one identifies with popular sovereignty or constitutionalism. But the principle embodied by their resort to arms – that freedom from an excessive authority was more important than fealty to that authority – nonetheless locates their actions within the same hallowed tradition as the Roundheads of the Civil War or the Williamites during the Glorious Revolution. To be British, these examples affirmed and reiterated, was to be jealous of one’s rights, jealous of authority, and willing to resist the latter in defence of the former.

That the membership of the Continental Congress and their supporters in the various colonies were both aware of and embraced this distinctly British legacy of vigilance over loyalty is borne out by certain references to key moments in British history which they sought to utilize in their ongoing struggle. The use of the term “Whig,” for example, or the invocation of a past “revolution” or of “Revolution Principles” in the discourse of people or organizations that supported the petitions and remonstrances of the united colonies against successive British governments showed a distinct consciousness of and connection to Britain’s rich legacy of radical politics. Whig, as a political designation, originated in the 1640s as a slur against a faction of the Presbyterian Scottish Covenanters whose violent opposition to an Episcopalian religious order – i.e. one that was governed by bishops and organized into dioceses – made them a source of derision and disdain among the Scottish supporters of Charles I. A shortening of the term “whiggamor” – a type of cattle driver native to the West of Scotland – Whig later came to refer in the late 1670s and early 1680s to the members of Parliament who opposed the potential ascension of James II to the throne on the grounds that his Catholic faith, tendency towards absolutism, and French relations threatened the religious freedom and civil liberties of the people of England. While, by the time of the Anglo-American crisis in the late 1760s and early 1770s the Whigs had since become a fairly mutable political faction whose history encompassed numerous periods in and out of government, the notion of being a Whig – as opposed to being a Tory – continued to carry with it connotations of radicalism, opposition to a strong executive, and a belief in the supremacy of Parliament.

It was for this reason that many of the early supporters of colonial resistance to the Stamp Act (1765), the Townshend Duties (1767), and the Tea Act (1773), among other particularly controversial pieces of contemporary British legislation, enthusiastically embraced the name of Whig for themselves and their allies. Not only did adopting such a moniker emphasize a degree of solidarity with the British Whigs – like the aforementioned William Pitt – who had publically and vehemently opposed such policies, but it simultaneously identified the campaign to preserve the rights and liberties of British America with past iterations of Whiggism whose adherents had sought to protect what they believed to be their accustomed and inviolable rights – to their faith, their government, or their property – against a powerful central authority. By way of specific example, Benjamin Franklin (1706-1790) had earlier referred in his satirical Rules by Which a Great Empire May be Reduced to a Small One (1773) to, “Zealous Whigs, and Friends of Liberty” as a group to which Britain ought to have shown particular enmity if it wished to divest itself of no small portion of its global dominion. Thomas Paine (1737-1809) similarly prized the title of Whig in his much-heralded pamphlet Common Sense (1776), implicitly identifying it with virtue, integrity, and the cause of American independence. For these men – and for no small number of their compatriots, it seemed – what could have variously been understood as a somewhat opaque artifact of a very specific moment in British history, a political slur, or the default designation for a fairly malleable Parliamentary faction became instead a symbol of resistance, a rallying cry, and a model of principle and ideal.

In spite of the significance that it would later acquire over the course of the struggle for American independence, the use of the word “revolution” within the pamphlets, treatises, remonstrances, and petitions of the American opposition to British authority during the height of the Anglo-American crisis in the 1760s and 1770s possessed a similar provenance to that of “Whig.” Far from intending to refer to any desired severing of ties between British America and Britain proper, “revolution” was almost always meant to evoke the aforementioned events of 1688-1689. Encompassing the overthrow of James II, the ascension of William & Mary, and the passage of the Bill of Rights, the – somewhat bombastically-named – Glorious Revolution remained, as of the late 18th century, the peak and pinnacle of English/British constitutionalism. To refer, in the 1770s, to “the Revolution,” therefore, was to conjure the moment at which the spectre of arbitrary monarchy – an object that English civilization had grappled with for centuries – was well and truly banished. To support the principles of the same thus represented a particular appeal to or identification with the values and convictions – Parliamentary supremacy, free elections, due process, etc. – for which the memory of 1688 continued to stand.

Consider, to that end, even a modest sampling of the literature produced by the American opposition during the height of the Anglo-American crisis. Franklin, in his aforementioned satire aimed at the seeming determination of the contemporary British government to wholly and irrevocably alienate the American people, made specific reference to, “Revolution Principles,” as being possessed and nurtured by those to whom Britain had a particular interest in viewing as its enemies. John Adams (1735-1826), in the first of his 1775 Novanglus essays – written in response to the treatises of Massachusetts Loyalist Daniel Leonard (1740-1829) – declared that the conviction that,

All men by nature are equal; that kings are but the ministers of the people; that their authority is delegated to them by the people, for their good, and they have a right to resume it, and place it in other hands, or keep it themselves, whenever it is made use of to oppress them [,]

Likewise fell under this same sacred rubric. Alexander Hamilton (1757-1804) made use of this same terminology in his A Full Vindication of the Measures of Congress (1774) when expressing his understanding of the distance from the essence of decency and propriety the contemporary British government had strayed. Though the unconditional supporters of British authority in America may well have scoffed at colonial protestations, Hamilton wrote, would these same individuals shrug off similar complaints from, “The Mayor and Alderman of the City of London,” who, by their opposition to such measures as Parliament had lately enacted in America, “Signified [their] repugnancy to the principles of the revolution [?]”    

            In the aforementioned A Summary View of the Rights of British North America (1774), Jefferson himself likewise made note of the significance of the Glorious Revolution within the history of British constitutional government. Noting the tendency of English monarchs during the Middle Ages to dissolve a sitting of Parliament at their own discretion, Jefferson declared approvingly that, “Since the establishment, however, of the British constitution, at the glorious revolution, on its free and antient principles, neither his majesty, nor his ancestors, have exercised such a power of dissolution in the island of Great Britain [.]” To the Sage of Monticello, it seemed, the events of the Glorious Revolution represented a sea-change in the history and practice of government in Britain. Whereas before it, the Crown had enjoyed tremendous authority over the institutions of the realm, after it, the power of the monarchy was substantially restrained – to the benefit, it followed, of those whom said institutions were intended to represent. Just so, James Wilson (1742-1798) offered, in his Considerations on the Nature and Extent of the Legislative Authority of the British Parliament (1774) that, contrary to the history of Parliament up to that point, “It was not till some years after the revolution, that the people could rely on the faithfulness of their representatives, or punish their perfidy.” As with Jefferson, Wilson appeared to mark the Glorious Revolution as a turning point in the saga of parliamentary government in Britain. Having thus permitted the people it had long claimed to serve to begin to depend in earnest on the integrity of the institution, “the revolution” thus signified the necessary upending of existing power structures in the name of the liberties and rights to which all British people could lay claim.

            Such a clear and evident regard for the often turbulent relationship described in British history between authority and sovereignty made itself known in certain of the institutions of the American Revolution as well. The notion of alternative governments to those recognized by the Crown – i.e. those which governed the individual colonies or even Congress itself – for example, was well-attested in the saga of British constitutionalism during moments of peak tension between the mechanisms of royal authority and established popular prerogatives. Just as the Anglo-American crisis gave rise in the 1770s to the various provincial congresses once uncooperative colonial legislatures were dissolved by governors loyal to the Crown – and just as the Continental Congress itself effectively stood in for a hostile Parliament as the de-facto legislative body for British America – so too had the conflict between Parliament and Charlies I in the 1630s and 1640s resulted in the existence of two administrations claiming the right to govern the realm.

Granted, the parallels between these two assertions of radical sovereignty are far from exact. On one hand, the provincial congresses bear a close resemblance to the so-called “Long Parliament” that defied the authority of Charles I by attempting to govern without his consent in the 1640s in that both were comprised of members that had been elected via mechanisms established for that purpose – i.e. they had initially been chosen by a means which both sides agreed was legitimate. On the other hand, the congresses were formed specifically because their authority had been vacated by the aforesaid royal governor, whereas Charles was prohibited from dissolving the Long Parliament by the terms of the Dissolution Act (1641) and so sought to split the body by calling them to session at Oxford (resulting, again, in two Parliaments for one kingdom). The relationship between the sitting Parliament in 1774 and the Continental Congress, meanwhile, was dissimilar to that between the Long Parliament and the Oxford Parliament in large part because the two were formed by different means, from different population, and in different parts of the world. No member of Congress had been elected to Parliament, made themselves an object of the king’s displeasure, and witnessed the bisecting of that institution along partisan lines. The Continental Congress was truly an alternative body – it bore no formal relationship to Parliament, save for the fact that it claimed some portion of the authority normally reserved to that institution. In the sense that it did claim certain prerogatives in defiance of royal authority, however, Congress very much operated in the same realm as the Long Parliament had some one hundred and thirty years earlier. Just as the latter had asserted, beginning with the Militia Ordinance (1642), that the laws it ratified were binding whether or not they received the assent of the Crown, the former issued a number of declarations and petitions over the course of 1774-1775, as well as making supply requisitions, levying troops, and issuing military commissions, all without either requiring or requesting the validation of the reigning monarch.

Indeed, it is this lack of expectation or even desire for royal dispensation that fundamentally unites the provincial congresses and the Continental Congress with the example earlier established by the Long Parliament. In the 1640s and the 1770s alike, bodies of men banded together under the banner of a sovereign institution of government and claimed that their right to make law for their constituents outweighed any loyalty or obligation they may have felt towards their nominal ruler. Faced with a king whose actions in the preceding decades had made it abundantly clear that he had little patience for a legislature that did anything more than levy the taxes he desired, the members of the Long Parliament effectively concluded that their collective authority as the elected representatives of England superseded the prerogatives of a monarch who seemed to possess no sense of respect for the rights to which his people were entitled by custom and precedent. Likewise, having received nothing but hostility and antagonism from Parliament and the Crown in response to their earnest petitions for a redress of grievances, a portion of the inhabitants of British America determined that the only way to ensure their rights and liberties received the respect they deserved would be to form governments that truly represented the interests and concerns of the people being governed. Not only was this in keeping with the principles at the heart of the British Constitution – i.e. that people were entitled to be a part of the process when their money, their liberty, or their lives were being apportioned – but it was validated and justified by the history of the British nation.

No comments:

Post a Comment