The self-confidence aroused in the colonists by their success in subduing

the wilderness, felling the vast forests, hunting the wild game and still

wilder red men, has often been given as a cause of the Revolution and the

American love of independence. Eloquence is easily tempted to enlarge

upon such causes, and to describe in romantic language the hunter and the

woodsman, the farmer in the fresh soil of primeval forests, the fishermen

of the Grand Banks, the merchants and sailors who traded with the whole

world in defiance of the British navigation laws, and the crews of the

whaling ships that pursued their dangerous game from the equator to the

poles.

The American lawyers, according to Burke, were an important cause of the

Revolution. They were very numerous in the colonies; law and theories of

government were much read and studied, and the people were trained to

discussion of political rights as well as of religious doctrine. Burke

described in picturesque detail how, in the South, the ruling class

lived scattered and remote from one another, maintaining themselves

in self-reliant authority on plantations with hundreds of slaves;

and slavery, he said, inspired in the white master a fierce love of

independence for himself and an undying dread of any form of the bondage

which his love of gain had inflicted on a weaker race.

The geographical position of the thirteen contiguous colonies, so

situated that they could easily unite and act together, and having a

population that was increasing so rapidly that it seemed likely in a few

years to exceed the population of England, was possibly a more effective

cause of the Revolution than any of those that have been named. The

consciousness of possessing such a vast fertile continent, which within a

few generations would support more than double the population of little

England, furnished a profound encouragement for theories of independence.

People in England were well aware of this feeling in the colonies, and

Joshua Gee, a popular writer on political economy in 1738, tried to

quiet their fears. Some, he said, were objecting that “if we encourage

the Plantations they will grow rich and set up for themselves and cast

off the English government”; and he went on to show that this fear was

groundless because the colonists nearly all lived on the navigable rivers

and bays of America, where the British navy could easily reach and subdue

them. He also attempted to argue away the advantage of the contiguous

situation of the colonies and described them as split up into a dozen

or more separate provinces, each with its own governor; and it was

inconceivable, he said, that such diverse communities would be able to

unite against England.

English statesmen, however, saw the danger of union among the colonies

long before the outbreak of the Revolution; and they shrewdly rejected

the plan of union of the Albany conference of 1754; and in the Revolution

itself a large part of England’s diplomatic and military efforts were

directed towards breaking up the easy communication among the colonies.

In modern times England’s colonies have been widely separated from one

another. There has been no large and rapidly increasing white population

on contiguous territory with ability for union. The dark-skinned

population of India is enormous in numbers, but incapable of the united

action of the Americans of 1776, and India is not considered a colony but

a territory continuously held by overwhelming military force. Instead of

a colonial population which threatened in a short time to outnumber her

own people, England’s power and population have, in modern times, grown

far beyond any power or population in her well-scattered white colonies.

The colonists at the time of the Revolution have often been described

as speaking of England as home and regarding the mother-country with no

little degree of affection; and while there is no doubt some truth in

this, especially as regards the people who were loyalists, yet a very

large proportion of the colonists had become totally differentiated from

the people of England. This was the inevitable result of having lived for

over a hundred years in the American environment. They were no longer

Englishmen. They had become completely Americanized. Certain classes

kept up their connection with England, and many of the rich planters of

the South sent their sons to England to be educated. But a very large

part of the colonists, especially in the older settled provinces, like

Massachusetts and Virginia, had forgotten England and were another people.

Instead of speaking, as novelists often describe them, in a formal

archaic way, using quaint phrases of old English life, the colonists

spoke with mannerisms and colloquial slang which were peculiarly

American. These peculiarities were ridiculed by Englishmen of the time

and formed part of Grant’s famous speech in Parliament, the burden

of which appears to have been that the colonists had become entirely

different from English people, and Grant is said to have given imitations

of what he considered their strange speech and manners. Mrs. Knight, in

her _Journal of Travel from Boston to New York_, had, many years before

the Revolution, given specimens of this difference; and the language of

the New Englanders which she describes was certainly not like anything in

England.

“Law for me—what in the world brings you here at this time of night? I

never see a woman on the Rode so Dreadful late in all the days of my

versall life. Who are you? Where are you going?”—Mrs. Knight’s _Journal_,

p. 23.

In 1775 some one wrote a set of humorous verses, said to have been the

original Yankee Doodle song, to illustrate the colloquial Americanism of

the time. “Slapping” was used for “large,” as in the phrase “a slapping

stallion.” “Nation” was used for “a great deal,” as in such a phrase as

“only a nation louder.” “Tarnal” was used for “very.” “I see” was used

for “I saw,” “I come” for “I came,” and “I hooked it off” in place of “I

went away.”

Not only did the patriots feel themselves to be quite different from

Englishmen, but they had a consciousness of ability and power, the result

of having governed themselves so long in their towns, counties, and

provinces, and of having carried on a commerce of their own in defiance

of the English navigation laws. They felt that they, not Englishmen, had

created the country; and they had a resolute intention to develop its

future greatness in their own way without the advice of aliens across

three thousand miles of ocean.

This high confidence, which was a conspicuous motive in the patriot

party, was always ridiculed by the loyalists as mere bumptiousness and

conceit. It was difficult for a loyalist to understand how any one could

seriously put himself in opposition to the British empire or want any

form of government except the British constitution. But the patriot

estimate of their own ability was by no means an exaggeration. They

could be overcome, of course, as the Boer republics and other peoples

have been overcome, by the superior numbers or wealth of Great Britain.

But the history of the Revolution disclosed qualities in which the

Americans notoriously excelled Europeans as well as the Anglo-Saxon stock

in England from which they were derived. They were of keener practical

intelligence, more promptness in action, more untiring energy, more

originality in enterprise, better courage and endurance, and more natural

military skill among the rank and file. These distinctively American

qualities, we now call them, seem to have been much more in evidence

among the patriot party than among the loyalists.

Every circumstance of their past and every consideration of their

present convinced the patriot of the infinite pleasure and value of home

rule and they had codified their opinions into a political philosophy

which not only justified their semi-independence and disregard of

acts of Parliament, but would also justify them in breaking off from

England, at the first opportunity and becoming absolutely independent.

They had gathered this philosophy from the works of certain European

writers—Grotius, Puffendorf, Locke, Burlamaqui, Beccaria, Montesquieu,

and others—who had applied to politics and government the doctrines

of religious liberty and the right of private judgment which had been

developed by the Reformation. Being such extreme Protestants, and having

carried so far the religious ideas of the Reformation, the colonists

naturally accepted in their fullest meaning the political principles

of the Reformation. If we are looking for profound influences in the

Revolution, it would be difficult to find any that were stronger than two

of the writers just mentioned, Locke and Burlamaqui, whose books had a

vast effect in the break-up of the British empire which we are about to

record.

Beginning with Grotius, who was born in 1582, and ending with

Montesquieu, who died in 1755, the writers mentioned covered a period

of about two hundred years of political investigation, thought and

experience. In fact, they covered the period since the Reformation. They

represented the effect of the Reformation on political thought. They

represented also all those nations whose opinions on such subjects were

worth anything. Grotius was a Dutchman, Puffendorf a German, Locke an

Englishman, Burlamaqui an Italian Swiss, and Montesquieu a Frenchman.

Hooker, who lived from 1553 to 1600, and whom Locke cites so freely,

might be included in the number, and that would make the period quite

two hundred years. Hooker, in his “Ecclesiastical Polity,” declared very

emphatically that governments could not be legitimate unless they rested

on the consent of the governed; and this principle forms the foundation

of Locke’s famous essays.

There were, of course, other minor writers; and the colonists relied

upon them all; but seldom troubled themselves to read the works of the

earlier ones, or to read Hutchinson, Clarke and other followers of that

school, because Locke, Burlamaqui, and Beccaria had summarized them

all and brought them down to date. To this day any one going to the

Philadelphia Library, and asking for No. 77, can take in his hands the

identical, well-worn volume of Burlamaqui which delegates to the Congress

and many an unsettled Philadelphian read with earnest, anxious minds. It

was among the first books that the library had obtained; and perhaps the

most important and effective book it has ever owned.

The rebellious colonists also read Locke’s “Two Treatises on Government”

with much profit and satisfaction to themselves. Locke was an extreme

Whig, an English revolutionist of the school of 1688. Before that great

event, he had been unendurable to the royalists, who were in power, and

had been obliged to spend a large part of his time on the continent.

In the preface of his “Two Treatises,” he says that they will show how

entirely legitimate is the title of William III to the throne, because

it is established on the consent of the people. That is the burden of

his whole argument—the consent of the people as the only true foundation

of government. That principle sank so deep into the minds of the patriot

colonists that it was the foundation of all their political thought, and

became an essentially American idea.

Beccaria, who, like Burlamaqui, was an Italian, also exercised great

influence on the colonists. His famous book, “Crimes and Punishments,”

was also a short, concise, but very eloquent volume. It caused a great

stir in the world. The translation circulated in America had added to it

a characteristic commentary by Voltaire. Beccaria, though not writing

directly on the subject of liberty, necessarily included that subject,

because he dealt with the administration of the criminal law. His plea

for more humane and just punishments, and for punishments more in

proportion to the offense, found a ready sympathy among the Americans,

who had already revolted in disgust from the brutality and extravagant

cruelty of the English criminal code.

But Beccaria also stated most beautifully and clearly the essential

principles of liberty. His foundation doctrine, that “every act of

authority of one man over another for which there is not absolute

necessity is tyrannical,” made a most profound impression in America.

He laid down also the principle that “in every human society there is

an effort continually tending to confer on one part the highest power

and happiness, and to reduce the other to the extreme of weakness and

misery.” That sentence became the life-long guide of many Americans. It

became a constituent part of the minds of Jefferson and Hamilton. It can

be seen as the foundation, the connecting strand, running all through

the essays of the _Federalist_. It was the inspiration of the “checks

and balances” in the national Constitution. It can be traced in American

thought and legislation down to the present time.

Burlamaqui’s book, devoted exclusively to the subject of liberty and

independence, is still one of the best expositions of the true doctrines

of natural law, or the rights of man. At the time of the Revolution these

rights of man were often spoken of as our rights as men, which is a very

descriptive phrase, because the essence of those rights is political

manhood, honorable self-reliance as opposed to degenerate dependence.

Burlamaqui belonged to a Protestant family that had once lived at

Lucca, Italy; but had been compelled, like the family of Turretini, and

many others, to take refuge in Switzerland. He became a professor at

Geneva, which gave him the reputation of a learned man. He also became

a counselor of state and was noted for his practical sagacity. He had

intended to write a great work in many volumes on the subject to which

he had devoted so much of his life, “The Principles of Natural Law,” as

it was then called. Ill health preventing such a huge task, he prepared

a single volume, which he said was only for beginners and students,

because it dealt with the bare elements of the science in the simplest

and plainest language.

This little book was translated into English in 1748, and contained

only three hundred pages; but in that small space of large, clear type,

Burlamaqui compressed everything that the patriot colonists wanted to

know. He was remarkably clear and concise, and gave the Americans the

qualities of the Italian mind at its best. He aroused them by his modern

glowing thought and his enthusiasm for progress and liberty. His handy

little volume was vastly more effective and far-reaching than would have

been the blunderbuss he had intended to load to the muzzle.

If we examine the volumes of Burlamaqui’s predecessors, Grotius,

Puffendorf, and the others, we find their statements about natural law

and our rights as men rather brief, vague, and general, as is usual with

the old writers on any science. Burlamaqui brought them down to date,

developed their principles, and swept in the results of all the thought

and criticism since their day.

The term natural law, which all these writers used, has long since gone

out of fashion. They used it because, inspired by the Reformation, they

were struggling to get away from the arbitrary system, the artificial

scholasticism, the despotism of the middle ages. They were seeking to

obtain for law and government a foundation which should grow out of the

nature of things, the common facts of life that everybody understood.

They sought a system that, being natural, would become established and

eternal like nature; a system that would displace that thing of the

middle ages which they detested, and called “arbitrary institution.”

Let us, they said, contemplate for a time man as he is in himself, the

natural man, his wants and requirements.

“The only way,” said Burlamaqui, “to attain to the knowledge of that

natural law is to consider attentively the nature and constitution of

man, the relations he has to the beings that surround him, and the states

from thence resulting. In fact, the very term of natural law and the

notion we have given of it, show that the principles of this science must

be taken from the very nature and constitution of man.”

Men naturally, he said, draw together to form societies for mutual

protection and advantage. Their natural state is a state of union and

society, and these societies are merely for the common advantage of all

of the members.

This was certainly a very simple proposition, but it had required

centuries to bring men’s minds back to it; and it was not altogether

safe to put forth because it implied that each community existed for

the benefit of itself, for the benefit of its members, and not for the

benefit of a prince or another nation, or for the church, or for an

empire.

It was a principle quickly seized upon by the Americans as soon as their

difficulties began in 1764. In their early debates and discussions we

hear a great deal about a “state of nature,” which at first seems rather

meaningless to us. But it was merely their attempt to apply to themselves

the fundamental principles of the Reformation. Were the colonies by the

exactions and remodeling of the mother-country thrown into that “state

of nature,” where they could reorganize society afresh, on the basis

of their own advantage? How much severity or how much oppression or

dissatisfaction would bring about this state of nature? Was there any

positive rule by which you could decide? Patrick Henry, who was always

very eloquent on the subject, declared that the boundary had been passed;

that the colonies were in a state of nature.

Any one who is at all familiar with the trend of thought for the last

hundred years can readily see how closely this idea of going back to

natural causes and first conceptions for the discovery of political

principles is allied to every kind of modern progress; to the modern

study of natural history, the study of the plants and animals in their

natural environment, instead of by preconceived scholastic theories; the

study of the human body by dissection instead of by supposition; the

study of heat, light, electricity, the soil, the rocks, the ocean, the

stars by actual observation, without regard to what the Scriptures and

learned commentators had to say.

A large part of the American colonists were very far advanced in all the

ideas of the Reformation. Burlamaqui’s book, applying to politics and

government, these free and wonderful principles, came to a large number

of them as the most soul-stirring and mind-arousing message they had ever

heard. It has all become trite enough to us; but to them it was fresh and

marvelous. Their imaginations seized on it with the indomitable energy

and passion which the climate inspired, and some who breathed the air of

Virginia and Massachusetts were on fire with enthusiasm.

“This state of nature,” argued Burlamaqui, “is not the work of man, but

established by divine institution.”

“Natural society is a state of equality and liberty; a state in which all

men enjoy the same prerogatives, and an entire independence on any other

power but God. For every man is naturally master of himself, and equal to

his fellow-creatures so long as he does not subject himself to another

person’s authority by a particular convention.”

Here we find coupled with liberty that word equality which played such a

tremendous part in history for the succeeding hundred years. And we must

bear in mind that what the people of that time meant by it was political

equality, equality of rights, equality before the law and the government;

and not equality of ability, talents, fortunes, or gifts, as some have

fancied.

Burlamaqui not only found liberty, independence, and equality growing

out of nature itself; but he argued that all this was part of the divine

plan, the great order of nature and the universe. Indeed, that was what

he and his Reformation predecessors had set out to discover, to unravel

the system of humanity, to see if there really was a system that could

be gathered from the actual plain facts; and to see also if there was a

unity and completeness in this system.

“The human understanding,” he says, “is naturally right, and has within

itself a strength sufficient to arrive at the knowledge of truth, and

to distinguish it from error.” That he announces as the fundamental

principle of his book, “the hinge whereon the whole system of humanity

turns,” and it was simply his way of restating the great doctrine of the

Reformation, the right of private judgment.

But he goes on to enlarge on it in a way particularly pleasing to

the patriot colonists, for he says we have this power to decide for

ourselves, “especially in things wherein our respective duties are

concerned.”

“Yes,” said the colonists, “we have often thought that we were the best

judges of all our own affairs.”

“Those who feel,” said Franklin, in his examination before Parliament,

“can best judge.”

The daring Burlamaqui went on to show that liberty instead of being, as

some supposed, a privilege to be graciously accorded, was in reality a

universal right, inherent in the nature of things.

Then appears that idea common to the great leaders of thought in that

age, that man’s true purpose in the world is the pursuit of happiness.

To this pursuit, they said, every human being has a complete right. It

was part of liberty; a necessary consequence of liberty. This principle

of the right to pursue happiness, which is merely another way of stating

the right of self-development, has played as great a part in subsequent

history as equality. It is one of the foundation principles of the

Declaration of Independence. It is given there as the ground-work of

the right of revolution, the right of a people to throw off or destroy

a power which interferes with this great pursuit, “and to institute a

new government, laying its foundation on such principles, and organizing

its power in such form as to them shall seem most likely to effect their

safety and happiness.”

It has been interpreted in all sorts of ways—as the right to improve

your condition, to develop your talents, to grow rich, or to rise into

the class of society above you. It is now in its broadest meaning so

axiomatic in this country that Americans can hardly realize that it was

ever disputed.

But it was, and still is, disputed in England and on the continent. Even

so liberal an Englishman as Kingsley resented with indignation the charge

that he favored the aspiration of the lower classes to change their

condition. Once a cobbler, remain a cobbler, and be content to be a good

cobbler. In other words, the righteousness which he so loudly professed

was intended to exalt certain fortunate individuals, and not to advance

society.

This desire and pursuit of happiness being part of nature, or part of the

system of Providence, and as essential to every man and as inseparable

from him as his reason, it should be freely allowed him, and not

repressed. This, Burlamaqui declares, is a great principle, “the key of

the human system,” opening to vast consequences for the world.

The consequences have certainly been vaster than he dreamed of. Millions

of people now live their daily life in the sunshine of this doctrine.

Millions have fled to us from Europe to seek its protection. Not only

the whole American system of laws, but whole philosophies and codes

of conduct have grown up under it. The abolitionists appealed to it,

and freed six millions of slaves. The transcendental philosophy of New

England, that extreme and beautiful attempt to develop conscience,

nobility, and character from within; that call of the great writers like

Lowell to every humble individual to stand by his own personality, fear

it not, advance it by its own lines; even our education, the elective

system of our colleges—all these things have followed under that “pursuit

of happiness,” which the patriot colonists seized upon so gladly in 1765

and enshrined in their Declaration of Independence in 1776.

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