“How many ages hence

Shall this, their lofty scene, be acted o’er

In states unborn, and accents yet unknown?”

It will be acted o’er, but it never can be repeated. It stands, and

must forever stand, alone; a beacon on the summit of the mountain, to

which all the inhabitants of the earth may turn their eyes for a genial

and saving light, till time shall be lost in eternity, and this globe

itself dissolves, nor leave a wreck behind. It stands forever, a light of

admonition to the rulers of men, a light of salvation and redemption to

the oppressed. So long as this planet shall be inhabited by human beings,

so long as man shall be of social nature, so long as government shall be

necessary to the great moral purposes of society, so long as it shall

be abused to the purposes of oppression—so long shall this Declaration

hold out to the sovereign and to the subject the extent and boundaries of

their respective rights and duties, founded in the laws of nature and of

nature’s God.

THE DECLARATION OF INDEPENDENCE[7]

BY TUDOR JENKS

“What is the most dramatic incident in American history and why?”

The emphatic and determining word in this question is the adverb “most.”

To answer conclusively, the method must be comparative; it is not enough

to stir the emotions of patriotism, to excite the imagination of the

poetic soul, to depict with skill bygone scenes so that they live again.

The intellectual faculties must be satisfied that the chosen incident is

truly an incident, that it is dramatic, and that it is more dramatic than

all others in our history.

Definition seems but a poor prelude to the drama, but as the defender

of the Constitution began his reply to Hayne by asking for the reading

of the resolution before the Senate, it may be permissible to refer to

the dictionary for guidance, as the storm-tossed mariner of Webster’s

metaphor glanced at the sun to rectify his course.

“Incident,” as used in the given question, can mean only “something which

takes place in connection with an event or series of events of greater

importance” (Century Dictionary), since any broader meaning of the word

would be too inclusive, and might permit the naming of a whole epoch.

“Dramatic” (by the same author) is “characterized by the force and

animation in act or expression appropriate to the drama.” Force and

animation may of course be psychical or physical; but if psychical they

must find expression in some form appreciable by the senses, else they

are not dramatic.

Bearing these guiding principles in mind, let us see in what moment of

American history we shall find that incident so connected with greater

events, and so expressed as to be “The most dramatic”—that incident

toward which all preceding events led, and from which subsequent events

have sprung. Let us then select as expressing that incident the most

forceful and animated action that would be appropriate to dramatic

representation.

The periods of American history are the traditionary, that of discovery

and exploration, that of colonization. These three are preparatory,

and “American” only in a geographical sense. Then come the period

of revolution, that of nationality and rebellion and finally the

present—which may be called the period of expansion, since it marks for

good or for evil the birth of the nation as a world power.

These periods group naturally into two great classes: I. America as an

appanage of Europe. II. America as independent. The transition from one

existence to the other took place in an instant of time. Before the

Declaration of Independence our nation did not exist; once that document

was ratified, the United States was created a nation.

Here, then, is the dividing of the ways; here the act of divine creation

of which our forefathers were but the human instruments. This is the one

universally celebrated and commemorated moment in our history—the birth

of “a new nation conceived in liberty, and dedicated to the proposition

that all men are created equal.”

The great Civil war was but the test whether that nation could endure;

so said Lincoln, whom we are learning to know as our greatest statesman.

All our subsequent history is but the voyage of the ship of state by the

chart then drafted.

Toward the Declaration converge all previous lines of historical

development; from the Declaration diverge all the lines along which

patriotic statesmanship must hereafter guide the national future.

Deviations from these converging and diverging paths have been but blind

trails to be painfully retraced.

Here, then, let us repeat, is the focus of our national life.

In what act, in what incident shall we find this moment of time expressed

most dramatically?

The streets of Philadelphia were thronged with citizens awaiting news of

the action of Congress. Within the old State House were the councilors

of the colonies—the group of contemporaries whom Gladstone declared

unequaled in the history of the world. One by one the names of the

representatives were signed to that document which was to commit them to

death as rebels or to immortality as patriots.

As the last name was affixed, a little boy ran from the doorway out into

the street, and, tossing his arms above his head, gave forth the tidings

of a nation’s birth in the words:

“Ring! _Ring!_ RING!”

and then the Liberty Bell echoed the gospel, as foreordained in its

inscription: “Proclaim liberty to the land: to all the inhabitants

thereof.”

That is the most dramatic incident in American history.

Whether we view its inception or its outcome, it stands unrivaled. We

shall forever “celebrate it with thanksgiving” so long as the nation

endures.

This incident responds to every test. It is the action of a single

person actuated by intense emotion; he, a child, was a type of the fact

he expressed; through his puny action began the independent life of a

nation to whose future none dares prescribe limits.

Discovery and colonization were inevitable, and are common to all lands.

Civil wars are expressions rather than causes of great crises. Civil and

commercial progress are inevitable. But the Declaration of Independence

was an act of conscious choice.

No other incident in our history was so momentous, none so dramatic and

comprehensive of past and future.

Columbus was an unconscious instrument in opening a new world; the

Spanish, French, Dutch, and English explorers were all working toward a

consummation none foresaw; the founders of colonies had their ideals, but

all have been swallowed up in our national development. The Revolution

alone looked both backward and forward, and the fathers of the republic

gave us the law of our national being.

The birth-cry of the nation came from the lips of the child who cried

aloud in the streets:

“Ring! _Ring!_ RING!”

THE DECLARATION OF INDEPENDENCE IN THE LIGHT OF MODERN CRITICISM[8]

BY MOSES COIT TYLER

(Professor of History in Cornell University.)

I

It can hardly be doubted that some hindrance to a right estimate of the

Declaration of Independence is occasioned by either of two opposite

conditions of mind, both of which are often to be met with among us;

on the one hand, a condition of hereditary, uncritical awe and worship

of the American Revolution, and of that state paper as its absolutely

perfect and glorious expression; on the other hand, a later condition

of cultivated distrust of the Declaration, as a piece of writing lifted

up into inordinate renown by the passionate and heroic circumstances

of its origin, and ever since then extolled beyond reason by the blind

energy of patriotic enthusiasm. Turning from the former state of mind,

which obviously calls for no further comment, we may note, as a partial

illustration of the latter, that American confidence in the supreme

intellectual merit of this all-famous document received a serious wound

some forty years ago from the hand of Rufus Choate, when, with a courage

greater than would now be required for such an act, he characterized

it as made up of “glittering and sounding generalities of natural

right.” What the great advocate then so unhesitatingly suggested, many

a thoughtful American since then has at least suspected—that our great

proclamation, as a piece of political literature, cannot stand the test

of modern analysis; that it belongs to the immense class of over-praised

productions; that it is, in fact, a stately patchwork of sweeping

propositions of somewhat doubtful validity; that it has long imposed upon

mankind by the well-known effectiveness of verbal glitter and sound;

that, at the best, it is an example of florid political declamation

belonging to the sophomoric period of our national life, a period which,

as we flatter ourselves, we have now outgrown.

Nevertheless, it is to be noted that whatever authority the Declaration

of Independence has acquired in the world, has been due to no lack of

criticism, either at the time of its first appearance, or since then; a

fact which seems to tell in favor of its essential worth and strength.

From the date of its original publication down to the present moment, it

has been attacked again and again, either in anger, or in contempt, by

friends as well as by enemies of the American Revolution, by liberals

in politics as well as by conservatives. It has been censured for its

substance, it has been censured for its form, for its misstatements of

fact, for its fallacies in reasoning, for its audacious novelties and

paradoxes, for its total lack of all novelty, for its repetition of old

and threadbare statements, even for its downright plagiarisms; finally,

for its grandiose and vaporing style.

II

One of the earliest and ablest of its assailants was Thomas Hutchinson,

the last civil governor of the colony of Massachusetts, who, being

stranded in London by the political storm which had blown him

thither, published there, in the autumn of 1776, his “Strictures upon

the Declaration of the Congress at Philadelphia,” wherein, with an

unsurpassed knowledge of the origin of the controversy, and with an

unsurpassed acumen in the discussion of it, he traverses the entire

document, paragraph by paragraph, for the purpose of showing that its

allegations in support of American Independence are “false and frivolous.”

A better written, and, upon the whole, a more plausible and a more

powerful arraignment of the great Declaration was the celebrated pamphlet

by Sir John Dalrymple, “The Rights of Great Britain Asserted against the

Claims of America: Being an Answer to the Declaration of the General

Congress,”—a pamphlet scattered broadcast over the world at such a

rate that at least eight editions of it were published during the last

three or four months of the year, 1776. Here, again, the manifesto of

Congress is subjected to a searching examination, in order to prove that

“the facts are either willfully or ignorantly misrepresented, and the

arguments deduced from premises that have no foundation in truth.” It is

doubtful if any disinterested student of history, any competent judge of

reasoning, will now deny to this pamphlet the praise of making out a very

strong case against the historical accuracy and the logical soundness of

many parts of the Declaration of Independence.

Undoubtedly, the force of such censures is for us much broken by the

fact that they proceeded from men who were themselves partisans in the

Revolutionary controversy, and bitterly hostile to the whole movement

which the Declaration was intended to justify. Such is not the case,

however, with the leading modern English critics of the same document,

who while blaming in severe terms the policy of the British Government

toward the Thirteen Colonies, have also found much to abate from the

confidence due to this official announcement of the reasons for our

secession from the empire. For example, Earl Russell, after frankly

saying that the great disruption proclaimed by the Declaration of

Independence was a result which Great Britain had “used every means

most fitted to bring about,” such as “vacillation in council, harshness

in language, feebleness in execution, disregard of American sympathies

and affections,” also pointed out that “the truth of this memorable

Declaration” was “warped” by “one singular defect,” namely, its

exclusive and excessive arraignment of George the Third, “as a single

and despotic tyrant,” much like Philip the Second to the people of the

Netherlands.

This temperate criticism from an able and a liberal English statesman of

the present century may be said to touch the very core of the problem

as to the historic justice of our great indictment of the last King of

America; and there is deep significance in the fact that this is the very

criticism upon the document, which, as John Adams tells us, he himself

had in mind when it was first submitted to him in committee, and even,

when, shortly afterward, he advocated its adoption by Congress. After

mentioning certain things in it with which he was delighted, he adds:

“There were other expressions which I would not have inserted if I had

drawn it up—particularly that which called the king tyrant. I thought

this too personal; for I never believed George to be a tyrant in

disposition and in nature. I always believed him to be deceived by his

courtiers on both sides of the Atlantic, and in his official capacity

only cruel. I thought the expression too passionate, and too much like

scolding, for so grave and solemn a document; but, as Franklin and

Sherman were to inspect it afterwards I thought it would not become me to

strike it out. I consented to report it.”

A more minute and a more poignant criticism of the Declaration of

Independence has been made in recent years by still another English

writer of liberal tendencies, who, however, in his capacity as critic,

seems here to labor under the disadvantage of having transferred to the

document which he undertakes to judge much of the extreme dislike which

he has for the man who wrote it, whom, indeed, he regards as a sophist,

as a demagogue, as quite capable of inveracity in speech, and as bearing

some resemblance to Robespierre “in his feline nature, his malignant

egotism, and his intense suspiciousness, as well as in his bloody-minded,

yet possibly sincere, philanthropy.” In the opinion of Prof. Goldwin

Smith, our great national manifesto is written “in a highly rhetorical

strain; it opens with sweeping aphorisms about the natural rights of man,

at which political science now smiles, and which ... might seem strange

when framed for slave-holding communities by a publicist who himself

held slaves”; while, in his specifications of fact, it “is not more

scrupulously truthful than are the general utterances” of the statesman

who was its scribe. Its charges that the several offensive acts of the

king, besides “evincing a design to reduce the colonists under absolute

despotism,” “all had as their direct object the establishment of an

absolute tyranny,” are simply “propositions which history cannot accept.”

Moreover, the Declaration “blinks the fact that many of the acts, styled

steps of usurpation, were measures of repression, which, however unwise

or excessive, had been provoked by popular outrage. No government could

allow its officers to be assaulted and their houses sacked, its loyal

lieges to be tarred and feathered, or the property of merchants sailing

under its flag to be thrown by lawless hands into the sea.” Even “the

preposterous violence and the manifest insincerity of the suppressed

clause” against slavery and the slave-trade “are enough to create

suspicion as to the spirit in which the whole document was framed.”

III

Finally, as has been already intimated, not even among Americans

themselves has the Declaration of Independence been permitted to pass

on into the enjoyment of its superb renown, without much critical

disparagement at the hands of statesmen and historians. No doubt Calhoun

had its preamble in mind when he declared that “nothing can be more

unfounded and false” than “the prevalent opinion that all men are born

free and equal”; for “it rests upon the assumption of a fact which is

contrary to universal observation.” Of course, all Americans who have

shared to any extent in Calhoun’s doctrines respecting human society

could hardly fail to agree with him in regarding as fallacious and

worthless those general propositions in the Declaration which seem to

constitute its logical starting point, as well as its ultimate defense.

Perhaps, however, the most frequent form of disparagement to which

Jefferson’s great state paper has been subjected among us is that

which would minimize his merit in composing it, by denying to it the

merit of originality. For example, Richard Henry Lee sneered at it as

a thing “copied from Locke’s _Treatise on Government_.” The author of

a life of Jefferson, published in the year of Jefferson’s retirement

from the presidency, suggests that the credit of having composed the

Declaration of Independence “has been perhaps more generally, than

truly, given by the public” to that great man. Charles Campbell, the

historian of Virginia, intimates that some expressions in the document

were taken without acknowledgment from Aphra Behn’s tragi-comedy,

“The Widow-Ranter, or the History of Bacon in Virginia.” John Stockton

Littell describes the Declaration of Independence as “that enduring

monument at once of patriotism, and of genius and skill in the art

of appropriation”—asserting that “for the sentiments and much of the

language” of it, Jefferson was indebted to Chief Justice Brayton’s

charge to the grand jury of Charleston, delivered in April, 1776, as

well as to the Declaration of Independence said to have been adopted by

some citizens of Mecklenburg County, North Carolina, in May, 1775. Even

the latest and most critical editor of the writings of Jefferson calls

attention to the fact that a glance at the Declaration of Rights, as

adopted by Virginia on the 12th of June, 1776, “would seem to indicate

the source from which Jefferson derived a most important and popular

part” of his famous production. By no one, however, has the charge of a

lack of originality been pressed with so much decisiveness as by John

Adams, who took evident pleasure in speaking of it as a document in

which were merely “recapitulated” previous and well-known statements

of American rights and wrongs, and who, as late as in the year 1822,

deliberately wrote:

“There is not an idea in it but what had been hackneyed in Congress for

two years before. The substance of it is contained in the declaration of

rights and the violation of those rights, in the Journals of Congress,

in 1774. Indeed, the essence of it is contained in a pamphlet, voted and

printed by the town of Boston, before the first Congress met, composed by

James Otis, as I suppose, in one of his lucid intervals, and pruned and

polished by Samuel Adams.”

IV

Perhaps nowhere in our literature would it be possible to find a

criticism brought forward by a really able man against any piece of

writing less applicable to the case, and of less force and value, than

is this particular criticism by John Adams and others, as to the lack

of originality in the Declaration of Independence. Indeed, for such a

paper as Jefferson was commissioned to write, the one quality which

it could not properly have had, the one quality which would have been

fatal to its acceptance either by the American Congress or by the

American people—is originality. They were then at the culmination of

a tremendous controversy over alleged grievances of the most serious

kind—a controversy that had been steadily raging for at least twelve

years. In the course of that long dispute, every phase of it, whether

as to abstract right or constitutional privilege or personal procedure,

had been presented in almost every conceivable form of speech. At last,

they had resolved, in view of all this experience, no longer to prosecute

the controversy as members of the empire; they had resolved to revolt,

and, casting off forever their ancient fealty to the British crown, to

separate from the empire, and to establish themselves as a new nation

among the nations of the earth. In this emergency as it happened,

Jefferson was called upon to put into form a suitable statement of the

chief considerations which prompted them to this great act of revolution,

and which, as they believed, justified it. What, then, was Jefferson

to do? Was he to regard himself as a mere literary essayist, set to

produce before the world a sort of prize-dissertation—a calm, analytic,

judicial treatise on history and politics with a particular application

to Anglo-American affairs—one essential merit of which would be its

originality as a contribution to historical and political literature?

Was he not, rather, to regard himself, as, for the time being, the very

mouthpiece and prophet of the people whom he represented, and as such

required to bring together and to set in order, in their name, not what

was new, but what was old; to gather up into his own soul, as much as

possible, whatever was then also in their souls, their very thoughts and

passions, their ideas of constitutional law, their interpretations of

fact, their opinions as to men and as to events in all that ugly quarrel,

their notions of justice, of civic dignity, of human rights; finally,

their memories of wrongs which seemed to them intolerable, especially

of wrongs inflicted upon them during those twelve years by the hands of

insolent and brutal men, in the name of the king, and by his apparent

command?

Moreover, as the nature of the task laid upon him made it necessary

that he should thus state, as the reasons for their intended act,

those very considerations both as to fact and as to opinion which had

actually operated upon their minds, so did it require him to do so,

to some extent, in the very language which the people themselves, in

their more formal and deliberate utterances, had all along been using.

In the development of political life in England and America, there had

already been created a vast literature of constitutional progress—a

literature common to both portions of the English race, pervaded by its

own stately traditions, and reverberating certain great phrases which

formed, as one may say, almost the vernacular of English justice, and of

English aspiration for a free, manly and orderly political life. In this

vernacular the Declaration of Independence was written. The phraseology

thus characteristic of it is the very phraseology of the champions of

constitutional expansion, of civic dignity and progress, within the

English race ever since Magna Charta; of the great state papers of

English freedom in the seventeenth century, particularly the Petition

of Right in 1629, and the Bill of Rights in 1789; of the great English

Charters for colonization in America; of the great English exponents

of legal and political progress—Sir Edward Coke, John Milton, Sir

Philip Sidney, John Locke; finally, of the great American exponents of

political liberty, and of the chief representative bodies, whether local

or general, which had convened in America from the time of Stamp Act

Congress until that of the Congress which resolved upon our independence.

To say, therefore, that the official declaration of that resolve is

a paper made up of the very opinions, beliefs, unbeliefs, the very

sentiments, prejudices, passions, even the errors in judgment and the

personal misconstructions—if they were such—which then actually impelled

the American people to that mighty act, and that all these are expressed

in the very phrases which they had been accustomed to use, is to pay to

that state-paper the highest tribute as to its fitness for the purpose

for which it was framed.

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