These early authors of American independence were generally

enthusiasts for the British Constitution, and preceded Burke in the

tendency to canonise it, and to magnify it as an ideal exemplar for

nations. John Adams said, in 1766: "Here lies the difference between

the British Constitution and other forms of government, namely, that

liberty is its end, its use, its designation, drift and scope, as much

as grinding corn is the use of a mill." Another celebrated Bostonian

identified the Constitution with the law of Nature, as Montesquieu

called the Civil Law, written Reason. He said: "It is the glory of the

British prince and the happiness of all his subjects, that their

constitution hath its foundation in the immutable laws of Nature; and

as the supreme legislative, as well as the supreme executive, derives

its authority from that constitution, it should seem that no laws can

be made or executed that are repugnant to any essential law in

Nature." The writer of these words, James Otis, is the founder of the

revolutionary doctrine. Describing one of his pamphlets, the second

President says: "Look over the declaration of rights and wrongs issued

by Congress in 1774; look into the declaration of independence in

1776; look into the writings of Dr. Price and Dr. Priestley; look into

all the French constitutions of government; and, to cap the climax,

look into Mr. Thomas Paine's _Common Sense_, _Crisis_, and _Rights of

Man_. What can you find that is not to be found in solid substance in

this 'Vindication of the House of Representatives'?" When these men

found that the appeal to the law and to the constitution did not avail

them, that the king, by bribing the people's representatives with the

people's money, was able to enforce his will, they sought a higher

tribunal, and turned from the law of England to the law of Nature, and

from the king of England to the King of kings. Otis, in 1762, 1764

and 1765, says: "Most governments are, in fact, arbitrary, and

consequently the curse and scandal of human nature; yet none are of

right arbitrary. By the laws of God and nature, government must not

raise taxes on the property of the people without the consent of the

people or their deputies. There can be no prescription old enough to

supersede the law of Nature and the grant of God Almighty, who has

given all men a right to be free. If a man has but little property to

protect and defend, yet his life and liberty are things of some

importance." About the same time Gadsden wrote: "A confirmation of our

essential and common rights as Englishmen may be pleaded from charters

clearly enough; but any further dependence on them may be fatal. We

should stand upon the broad common ground of those natural rights that

we all feel and know as men and as descendants of Englishmen."

The primitive fathers of the United States began by preferring

abstract moral principle to the letter of the law and the spirit of

the Constitution. But they went farther. Not only was their grievance

difficult to substantiate at law, but it was trivial in extent. The

claim of England was not evidently disproved, and even if it was

unjust, the injustice practically was not hard to bear. The suffering

that would be caused by submission was immeasurably less than the

suffering that must follow resistance, and it was more uncertain and

remote. The utilitarian argument was loud in favour of obedience and

loyalty. But if interest was on one side, there was a manifest

principle on the other--a principle so sacred and so clear as

imperatively to demand the sacrifice of men's lives, of their families

and their fortune. They resolved to give up everything, not to escape

from actual oppression, but to honour a precept of unwritten law. That

was the transatlantic discovery in the theory of political duty, the

light that came over the ocean. It represented liberty not as a

comparative release from tyranny, but as a thing so divine that the

existence of society must be staked to prevent even the least

constructive infraction of its sovereign right. "A free people," said

Dickinson, "can never be too quick in observing nor too firm in

opposing the beginnings of alteration either in form or reality,

respecting institutions formed for their security. The first kind of

alteration leads to the last. As violations of the rights of the

governed are commonly not only specious, but small at the beginning,

they spread over the multitude in such a manner as to touch

individuals but slightly. Every free state should incessantly watch,

and instantly take alarm at any addition being made to the power

exercised over them." Who are a free people? Not those over whom

government is reasonably and equitably exercised; but those who live

under a government so constitutionally checked and controlled that

proper provision is made against its being otherwise exercised. The

contest was plainly a contest of principle, and was conducted entirely

on principle by both parties. "The amount of taxes proposed to be

raised," said Marshall, the greatest of constitutional lawyers, "was

too inconsiderable to interest the people of either country." I will

add the words of Daniel Webster, the great expounder of the

Constitution, who is the most eloquent of the Americans, and stands,

in politics, next to Burke: "The Parliament of Great Britain asserted

a right to tax the Colonies in all cases whatsoever; and it was

precisely on this question that they made the Revolution turn. The

amount of taxation was trifling, but the claim itself was inconsistent

with liberty, and that was in their eyes enough. It was against the

recital of an act of Parliament, rather than against any suffering

under its enactment, that they took up arms. They went to war against

a preamble. They fought seven years against a declaration. They saw in

the claim of the British Parliament a seminal principle of mischief,

the germ of unjust power."

The object of these men was liberty, not independence. Their feeling

was expressed by Jay in his address to the people of Great Britain:

"Permit us to be as free as yourselves, and we shall ever esteem a

union with you to be our greatest glory and our greatest happiness."

Before 1775 there was no question of separation. During all the

Revolution Adams declared that he would have given everything to

restore things as before with security; and both Jefferson and Madison

admitted in the presence of the English minister that a few seats in

both Houses would have set at rest the whole question.

In their appeal to the higher law the Americans professed the purest

Whiggism, and they claimed that their resistance to the House of

Commons and the jurisprudence of Westminster only carried forward the

eternal conflict between Whig and Tory. By their closer analysis, and

their fearlessness of logical consequences, they transformed the

doctrine and modified the party. The uprooted Whig, detached from his

parchments and precedents, his leading families and historic

conditions, exhibited new qualities; and the era of compromise made

way for an era of principle. Whilst French diplomacy traced the long

hand of the English opposition in the tea riots at Boston, Chatham and

Camden were feeling the influence of Dickinson and Otis, without

recognising the difference. It appears in a passage of one of

Chatham's speeches, in 1775: "This universal opposition to your

arbitrary system of taxation might have been foreseen. It was obvious

from the nature of things, and from the nature of man, and, above all,

from the confirmed habits of thinking, from the spirit of Whiggism

flourishing in America. The spirit which now pervades America is the

same which formerly opposed loans, benevolences, and ship-money in

this country, is the same spirit which roused all England to action at

the Revolution, and which established at a remote era your liberties,

on the basis of that grand fundamental maxim of the Constitution, that

no subject of England shall be taxed but by his own consent. To

maintain this principle is the common cause of the Whigs on the other

side of the Atlantic, and on this. It is the alliance of God and

Nature, immutable, eternal, fixed as the firmament of heaven.

Resistance to your acts was necessary as it was just; and your vain

declarations of the omnipotence of parliament, and your imperious

doctrines of the necessity of submission will be found equally

impotent to convince or enslave your fellow-subjects in America."

The most significant instance of the action of America on Europe is

Edmund Burke. We think of him as a man who, in early life, rejected

all generalities and abstract propositions, and who became the most

strenuous and violent of conservatives. But there is an interval when,

as the quarrel with the Colonies went on, Burke was as revolutionary

as Washington. The inconsistency is not as flagrant as it seems. He

had been brought forward by the party of measured propriety and

imperative moderation, of compromise and unfinished thought, who

claimed the right of taxing, but refused to employ it. When he urged

the differences in every situation and every problem, and shrank from

the common denominator and the underlying principle, he fell into step

with his friends. As an Irishman, who had married into an Irish

Catholic family, it was desirable that he should adopt no theories in

America which would unsettle Ireland. He had learnt to teach

government by party as an almost sacred dogma, and party forbids

revolt as a breach of the laws of the game. His scruples and his

protests, and his defiance of theory, were the policy and the

precaution of a man conscious of restraints, and not entirely free in

the exertion of powers that lifted him far above his tamer

surroundings. As the strife sharpened and the Americans made way,

Burke was carried along, and developed views which he never utterly

abandoned, but which are difficult to reconcile with much that he

wrote when the Revolution had spread to France.

In his address to the Colonists he says: "We do not know how to

qualify millions of our countrymen, contending with one heart for an

admission to privileges which we have ever thought our own happiness

and honour, by odious and unworthy names. On the contrary, we highly

revere the principles on which you act. We had much rather see you

totally independent of this crown and kingdom, than joined to it by so

unnatural a conjunction as that of freedom and servitude. We view the

establishment of the English Colonies on principles of liberty, as

that which is to render this kingdom venerable to future ages. In

comparison of this, we regard all the victories and conquests of our

warlike ancestors, or of our own times, as barbarous, vulgar

distinctions, in which many nations, whom we look upon with little

respect or value, have equalled, if not far exceeded us. Those who

have and who hold to that foundation of common liberty, whether on

this or on your side of the ocean, we consider as the true and the

only true Englishmen. Those who depart from it, whether there or here,

are attainted, corrupted in blood, and wholly fallen from their

original rank and value. They are the real rebels to the fair

constitution and just supremacy of England. A long course of war with

the administration of this country may be but a prelude to a series of

wars and contentions among yourselves, to end at length (as such

scenes have too often ended) in a species of humiliating repose, which

nothing but the preceding calamities would reconcile to the dispirited

few who survived them. We allow that even this evil is worth the risk

to men of honour when rational liberty is at stake, as in the present

case we confess and lament that it is."

At other times he spoke as follows:--"Nothing less than a convulsion

that will shake the globe to its centre can ever restore the European

nations to that liberty by which they were once so much distinguished.

The Western world was the seat of freedom until another, more Western,

was discovered; and that other will probably be its asylum when it is

hunted down in every other part. Happy it is that the worst of times

may have one refuge still left for humanity. If the Irish resisted

King William, they resisted him on the very same principle that the

English and Scotch resisted King James. The Irish Catholics must have

been the very worst and the most truly unnatural of rebels, if they

had not supported a prince whom they had seen attacked, not for any

designs against their religion or their liberties, but for an extreme

partiality for their sect. Princes otherwise meritorious have violated

the liberties of the people, and have been lawfully deposed for such

violation. I know no human being exempt from the law. I consider

Parliament as the proper judge of kings, and it is necessary that they

should be amenable to it. There is no such thing as governing the

whole body of the people contrary to their inclination. Whenever they

have a feeling they commonly are in the right. Christ appeared in

sympathy with the lowest of the people, and thereby made it a firm and

ruling principle that their welfare was the object of all government.

"In all forms of government the people is the true legislator. The

remote and efficient cause is the consent of the people, either actual

or implied, and such consent is absolutely essential to its validity.

Whiggism did not consist in the support of the power of Parliament or

of any other power, but of the rights of the people. If Parliament

should become an instrument in invading them, it was no better in any

respect, and much worse in some, than any other instrument of

arbitrary power. They who call upon you to belong wholly to the people

are those who wish you to belong to your proper home, to the sphere of

your duty, to the post of your honour. Let the Commons in Parliament

assembled be one and the same thing with the Commons at large. I see

no other way for the preservation of a decent attention to public

interest in the representatives, but the interposition of the body of

the people itself, whenever, it shall appear by some flagrant and

notorious act, by some capital innovation, that those representatives

are going to overleap the fences of the law and to introduce an

arbitrary power. This interposition is a most unpleasant remedy; but

if it be a legal remedy, it is intended on some occasion to be

used--to be used then only when it is evident that nothing else can

hold the Constitution to its true principles. It is not in Parliament

alone that the remedy for parliamentary disorders can be completed;

hardly, indeed, can it begin there. A popular origin cannot therefore

be the characteristic distinction of a popular representative. This

belongs equally to all parts of government, and in all forms. The

virtue, spirit, and essence of a House of Commons consists in its

being the express image of the feelings of the nation. It was not

instituted to be a control upon the people. It was designed as a

control for the people. Privilege of the crown and privilege of

Parliament are only privilege so long as they are exercised for the

benefit of the people. The voice of the people is a voice that is to

be heard, and not the votes and resolutions of the House of Commons.

He would preserve thoroughly every privilege of the people, because it

is a privilege known and written in the law of the land; and he would

support it, not against the crown or the aristocratic party only, but

against the representatives of the people themselves. This was not a

government of balances. It would be a strange thing if two hundred

peers should have it in their power to defeat by their negative what

had been done by the people of England. I have taken my part in

political connections and political quarrels for the purpose of

advancing justice and the dominion of reason, and I hope I shall never

prefer the means, or any feelings growing out of the use of those

means, to the great and substantial end itself. Legislators can do

what lawyers can not, for they have no other rules to bind them but

the great principles of reason and equity and the general sense of

mankind. All human laws are, properly speaking, only declaratory; they

may alter the mode and application, but have no power over the

substance, of original justice. A conservation and secure enjoyment of

our natural rights is the great and ultimate purpose of civil society.

"The great inlet by which a colour for oppression has entered into the

world is by one man's pretending to determine concerning the happiness

of another. I would give a full civil protection, in which I include

an immunity from all disturbance of their public religious worship,

and a power of teaching in schools as well as temples, to Jews,

Mahometans, and even Pagans. The Christian religion itself arose

without establishment, it arose even without toleration, and whilst

its own principles were not tolerated, it conquered all the powers of

darkness, it conquered all the powers of the world. The moment it

began to depart from these principles, it converted the establishment

into tyranny, it subverted its foundation from that very hour. It is

the power of government to prevent much evil; it can do very little

positive good in this, or perhaps in anything else. It is not only so

of the State and statesman, but of all the classes and descriptions of

the rich: they are the pensioners of the poor, and are maintained by

their superfluity. They are under an absolute, hereditary, and

indefeasible dependence on those who labour and are miscalled the

poor. That class of dependent pensioners called the rich is so

extremely small, that if all their throats were cut, and a

distribution made of all they consume in a year, it would not give a

bit of bread and cheese for one night's supper to those who labour,

and who in reality feed both the pensioners and themselves. It is not

in breaking the laws of commerce, which are the laws of nature and

consequently the laws of God, that we are to place our hope of

softening the divine displeasure. It is the law of nature, which is

the law of God."

I cannot resist the inference from these passages that Burke, after

1770, underwent other influences than those of his reputed masters,

the Whigs of 1688. And if we find that strain of unwonted thought in a

man who afterwards gilded the old order of things and wavered as to

toleration and the slave trade, we may expect that the same causes

would operate in France.

When the _Letters of a Pennsylvanian Farmer_ became known in Europe,

Diderot said that it was madness to allow Frenchmen to read such

things, as they could not do it without becoming intoxicated and

changed into different men. But France was impressed by the event more

than by the literature that accompanied it. America had made herself

independent under less provocation than had ever been a motive of

revolt, and the French Government had acknowledged that her cause was

righteous and had gone to war for it. If the king was right in

America, he was utterly wrong at home, and if the Americans acted

rightly, the argument was stronger, the cause was a hundredfold

better, in France itself. All that justified their independence

condemned the Government of their French allies. By the principle that

taxation without representation is robbery, there was no authority so

illegitimate as that of Lewis XVI. The force of that demonstration was

irresistible, and it produced its effect where the example of England

failed. The English doctrine was repelled at the very earliest stage

of the Revolution, and the American was adopted. What the French took

from the Americans was their theory of revolution, not their theory of

government--their cutting, not their sewing. Many French nobles served

in the war, and came home republicans and even democrats by

conviction. It was America that converted the aristocracy to the

reforming policy, and gave leaders to the Revolution. "The American

Revolution," says Washington, "or the peculiar light of the age, seems

to have opened the eyes of almost every nation in Europe, and a spirit

of equal liberty appears fast to be gaining ground everywhere." When

the French officers were leaving, Cooper, of Boston, addressed them in

the language of warning: "Do not let your hopes be inflamed by our

triumphs on this virgin soil. You will carry our sentiments with you,

but if you try to plant them in a country that has been corrupt for

centuries, you will encounter obstacles more formidable than ours. Our

liberty has been won with blood; you will have to shed it in torrents

before liberty can take root in the old world." Adams, after he had

been President of the United States, bitterly regretted the Revolution

which made them independent, because it had given the example to the

French; although he also believed that they had not a single principle

in common.

Nothing, on the contrary, is more certain than that American

principles profoundly influenced France, and determined the course of

the Revolution. It is from America that Lafayette derived the saying

that created a commotion at the time, that resistance is the most

sacred of duties. There also was the theory that political power comes

from those over whom it is exercised, and depends upon their will;

that every authority not so constituted is illegitimate and

precarious; that the past is more a warning than an example; that the

earth belongs to those who are upon it, not to those who are

underneath. These are characteristics common to both Revolutions.

At one time also the French adopted and acclaimed the American notion

that the end of government is liberty, not happiness, or prosperity,

or power, or the preservation of an historic inheritance, or the

adaptation of national law to national character, or the progress of

enlightenment and the promotion of virtue; that the private individual

should not feel the pressure of public authority, and should direct

his life by the influences that are within him, not around him.

And there was another political doctrine which the Americans

transmitted to the French. In old colonial days the executive and the

judicial powers were derived from a foreign source, and the common

purpose was to diminish them. The assemblies were popular in origin

and character, and everything that added to their power seemed to add

security to rights. James Wilson, one of the authors and commentators

of the constitution, informs us that "at the Revolution the same fond

predilection, and the same jealous dislike, existed and prevailed. The

executive, and the judicial as well as the legislative authority, was

now the child of the people, but to the two former the people behaved

like stepmothers. The legislature was still discriminated by excessive

partiality." This preference, historic but irrational, led up

naturally to a single chamber. The people of America and their

delegates in Congress were of opinion that a single Assembly was every

way adequate to the management of their federal concerns, and when the

Senate was invented, Franklin strongly objected. "As to the two

chambers," he wrote, "I am of your opinion that one alone would be

better; but, my dear friend, nothing in human affairs and schemes is

perfect, and perhaps this is the case of our opinions."

Alexander Hamilton was the ablest as well as the most conservative of

the American statesmen. He longed for monarchy, and he desired to

establish a national government and to annihilate state rights. The

American spirit, as it penetrated France, cannot well be described

better than it was by him: "I consider civil liberty, in a genuine,

unadulterated sense, as the greatest of terrestrial blessings. I am

convinced that the whole human race is entitled to it, and that it can

be wrested from no part of them without the blackest and most

aggravated guilt. The sacred rights of mankind are not to be rummaged

for among old parchments or musty records. They are written, as with a

sunbeam, in the whole volume of human nature, by the hand of the

Divinity itself, and can never be erased or obscured by mortal power."

But when we speak in the gross of the American Revolution we combine

different and discordant things. From the first agitation in 1761 to

the Declaration of Independence, and then to the end of the war in

1782, the Americans were aggressive, violent in their language, fond

of abstractions, prolific of doctrines universally applicable and

universally destructive. It is the ideas of those earlier days that

roused the attention of France, and were imported by Lafayette,

Noailles, Lameth, and the leaders of the future revolution who had

beheld the lowering of the British flag at Yorktown. The America of

their experience was the America of James Otis, of Jefferson, of _The

Rights of Man_.

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