July 2016 ~ Volume 51 Alexis de Tocqueville, Democracy in America: Historical-Critical Edition, 4 vols. [1835] •Translator: James T. Schleifer •Editor: Eduardo Nolla •Author: Alexis de Tocqueville Set contains: •Democracy in America: Historical-Critical Edition, vol. 1 •Democracy in America: Historical-Critical Edition, vol. 2 •Democracy in America: Historical-Critical Edition, vol. 3 •Democracy in America: Historical-Critical Edition, vol. 4 The Declaration of Independence: A History Nations come into being in many ways. Military rebellion, civil strife, acts of heroism, acts of treachery, a thousand greater and lesser clashes between defenders of the old order and supporters of the new--all these occurrences and more have marked the emergences of new nations, large and small. The birth of our own nation included them all. That birth was unique, not only in the immensity of its later impact on the course of world history and the growth of democracy, but also because so many of the threads in our national history run back through time to come together in one place, in one time, and in one document: the Declaration of Independence. Moving Toward Independence The clearest call for independence up to the summer of 1776 came in Philadelphia on June 7. On that date in session in the Pennsylvania State House (later Independence Hall), the Continental Congress heard Richard Henry Lee of Virginia read his resolution beginning: "Resolved: That these United Colonies are, and of right ought to be, free and independent States, that they are absolved from all allegiance to the British Crown, and that all political connection between them and the State of Great Britain is, and ought to be, totally dissolved." The Lee Resolution was an expression of what was already beginning to happen throughout the colonies. When the Second Continental Congress, which was essentially the government of the United States from 1775 to 1788, first met in May 1775, King George III had not replied to the petition for redress of grievances that he had been sent by the First Continental Congress. The Congress gradually took on the responsibilities of a national government. In June 1775 the Congress established the Continental Army as well as a continental currency. By the end of July of that year, it created a post office for the "United Colonies." In August 1775 a royal proclamation declared that the King's American subjects were "engaged in open and avowed rebellion." Later that year, Parliament passed the American Prohibitory Act, which made all American vessels and cargoes forfeit to the Crown. And in May 1776 the Congress learned that the King had negotiated treaties with German states to hire mercenaries to fight in America. The weight of these actions combined to convince many Americans that the mother country was treating the colonies as a foreign entity. One by one, the Continental Congress continued to cut the colonies' ties to Britain. The Privateering Resolution, passed in March 1776, allowed the colonists "to fit out armed vessels to cruize [sic] on the enemies of these United Colonies." On April 6, 1776, American ports were opened to commerce with other nations, an action that severed the economic ties fostered by the Navigation Acts. A "Resolution for the Formation of Local Governments" was passed on May 10, 1776. At the same time, more of the colonists themselves were becoming convinced of the inevitability of independence. Thomas Paine's Common Sense, published in January 1776, was sold by the thousands. By the middle of May 1776, eight colonies had decided that they would support independence. On May 15, 1776, the Virginia Convention passed a resolution that "the delegates appointed to represent this colony in General Congress be instructed to propose to that respectable body to declare the United Colonies free and independent states." It was in keeping with these instructions that Richard Henry Lee, on June 7, 1776, presented his resolution. There were still some delegates, however, including those bound by earlier instructions, who wished to pursue the path of reconciliation with Britain. On June 11 consideration of the Lee Resolution was postponed by a vote of seven colonies to five, with New York abstaining. Congress then recessed for 3 weeks. The tone of the debate indicated that at the end of that time the Lee Resolution would be adopted. Before Congress recessed, therefore, a Committee of Five was appointed to draft a statement presenting to the world the colonies' case for independence. The Committee of Five The committee consisted of two New England men, John Adams of Massachusetts and Roger Sherman of Connecticut; two men from the Middle Colonies, Benjamin Franklin of Pennsylvania and Robert R. Livingston of New York; and one southerner, Thomas Jefferson of Virginia. In 1823 Jefferson wrote that the other members of the committee "unanimously pressed on myself alone to undertake the draught [sic]. I consented; I drew it; but before I reported it to the committee I communicated it separately to Dr. Franklin and Mr. Adams requesting their corrections. . . I then wrote a fair copy, reported it to the committee, and from them, unaltered to the Congress." (If Jefferson did make a "fair copy," incorporating the changes made by Franklin and Adams, it has not been preserved. It may have been the copy that was amended by the Congress and used for printing, but in any case, it has not survived. Jefferson's rough draft, however, with changes made by Franklin and Adams, as well as Jefferson's own notes of changes by the Congress, is housed at the Library of Congress.) Jefferson's account reflects three stages in the life of the Declaration: the document originally written by Jefferson; the changes to that document made by Franklin and Adams, resulting in the version that was submitted by the Committee of Five to the Congress; and the version that was eventually adopted. On July 1, 1776, Congress reconvened. The following day, the Lee Resolution for independence was adopted by 12 of the 13 colonies, New York not voting. Immediately afterward, the Congress began to consider the Declaration. Adams and Franklin had made only a few changes before the committee submitted the document. The discussion in Congress resulted in some alterations and deletions, but the basic document remained Jefferson's. The process of revision continued through all of July 3 and into the late morning of July 4. Then, at last, church bells rang out over Philadelphia; the Declaration had been officially adopted. The Declaration of Independence is made up of five distinct parts: the introduction; the preamble; the body, which can be divided into two sections; and a conclusion. The introduction states that this document will "declare" the "causes" that have made it necessary for the American colonies to leave the British Empire. Having stated in the introduction that independence is unavoidable, even necessary, the preamble sets out principles that were already recognized to be "selfevident" by most 18th- century Englishmen, closing with the statement that "a long train of abuses and usurpations . . . evinces a design to reduce [a people] under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security." The first section of the body of the Declaration gives evidence of the "long train of abuses and usurpations" heaped upon the colonists by King George III. The second section of the body states that the colonists had appealed in vain to their "British brethren" for a redress of their grievances. Having stated the conditions that made independence necessary and having shown that those conditions existed in British North America, the Declaration concludes that "these United Colonies are, and of Right ought to be Free and Independent States; that they are Absolved from all Allegiance to the British Crown, and that all political connection between them and the State of Great Britain, is and ought to be totally dissolved." Although Congress had adopted the Declaration submitted by the Committee of Five, the committee's task was not yet completed. Congress had also directed that the committee supervise the printing of the adopted document. The first printed copies of the Declaration of Independence were turned out from the shop of John Dunlap, official printer to the Congress. After the Declaration had been adopted, the committee took to Dunlap the manuscript document, possibly Jefferson's "fair copy" of his rough draft. On the morning of July 5, copies were dispatched by members of Congress to various assemblies, conventions, and committees of safety as well as to the commanders of Continental troops. Also on July 5, a copy of the printed version of the approved Declaration was inserted into the "rough journal" of the Continental Congress for July 4. The text was followed by the words "Signed by Order and in Behalf of the Congress, John Hancock, President. Attest. Charles Thomson, Secretary." It is not known how many copies John Dunlap printed on his busy night of July 4. There are 26 copies known to exist of what is commonly referred to as "the Dunlap broadside," 21 owned by American institutions, 2 by British institutions, and 3 by private owners. (See Appendix A.) The Engrossed Declaration On July 9 the action of Congress was officially approved by the New York Convention. All 13 colonies had now signified their approval. On July 19, therefore, Congress was able to order that the Declaration be "fairly engrossed on parchment, with the title and stile [sic] of 'The unanimous declaration of the thirteen United States of America,' and that the same, when engrossed, be signed by every member of Congress." Engrossing is the process of preparing an official document in a large, clear hand. Timothy Matlack was probably the engrosser of the Declaration. He was a Pennsylvanian who had assisted the Secretary of the Congress, Charles Thomson, in his duties for over a year and who had written out George Washington's commission as commanding general of the ContinentalArmy. Matlack set to work with pen, ink, parchment, and practiced hand, and finally, on August 2, the journal of the Continental Congress records that "The declaration of independence being engrossed and compared at the table was signed." One of the most widely held misconceptions about the Declaration is that it was signed on July 4, 1776, by all the delegates in attendance. (more here) In 1761, fifteen years before the United States of America burst onto the world stage with the Declaration of Independence, the American colonists were loyal British subjects who celebrated the coronation of their new King, George III. The colonies that stretched from present-day Maine to Georgia were distinctly English in character although they had been settled by Scots, Welsh, Irish, Dutch, Swedes, Finns, Africans, French, Germans, and Swiss, as well as English. As English men and women, the American colonists were heirs to the thirteenthcentury English document, the Magna Carta, which established the principles that no one is above the law (not even the King), and that no one can take away certain rights. So in 1763, when the King began to assert his authority over the colonies to make them share the cost of the Seven Years' War England had just fought and won, the English colonists protested by invoking their rights as free men and loyal subjects. It was only after a decade of repeated efforts on the part of the colonists to defend their rights that they resorted to armed conflict and, eventually, to the unthinkable–separation from the motherland. By the spring of 1775, peaceful protest gave way to armed conflict at Lexington and Concord. Ignoring one last, futile plea for peace in a message known as the Olive Branch Petition, the King proclaimed in this document that the colonies stood in open rebellion to his authority and were subject to severe penalty, as was any British subject who failed to report the knowledge of rebellion or conspiracy. This document literally transformed loyal subjects into traitorous rebels. National Archives, Records of the Continental and Confederation Congresses and the Constitutional Convention By the spring of 1775, peaceful protest gave way to armed conflict at Lexington and Concord. Ignoring one last, futile plea for peace in a message known as the Olive Branch Petition, the King proclaimed in this document that the colonies stood in open rebellion to his authority and were subject to severe penalty, as was any British subject who failed to report the knowledge of rebellion or conspiracy. This document literally transformed loyal subjects into traitorous rebels. National Archives, Records of the Continental and Confederation Congresses and the Constitutional Convention http://www.archives.gov/exhibits/charters/charters_of_freedo m_zoom_pages/charters_of_freedom_zoom_1.1.1.html Although most of the Framers of the Constitution anticipated that the Federal judiciary would be the weakest branch of Government, the U.S. Supreme Court has come to wield enormous power with decisions that have reached into the lives of every citizen and resolved some of the most dramatic confrontations in U.S. history. The word of the Supreme Court is final. Overturning its decisions often requires an amendment to the Constitution or a revision of Federal law. The power of the Supreme Court has evolved over time, through a series of milestone court cases. One of the Court's most fundamental powers is judicial review–the power to judge the constitutionality of any act or law of the executive or legislative branch. Some of the Framers expected the Supreme Court to take on the role of determining the constitutionality of Congress's laws, but the Constitution did not explicitly assign it to the Court. Marbury v. Madison, the 1803 landmark Supreme Court case, established the power of judicial review. From the modest claim of William Marbury, who sought a low-paying appointment as a District of Columbia Justice of the Peace, emerged a Supreme Court decision that established one of the cornerstones of the American constitutional system. In March 1801, in the final days of his administration, President John Adams appointed William Marbury as Justice of the Peace in the District of Columbia, but the Secretary of State, John Marshall, failed to deliver it. When the incoming Secretary of State, James Madison, refused to deliver Marbury’s commission, Marbury sued to obtain it. He asked the Supreme Court to order Madison to deliver the commission. John Marshall, who became Chief Justice of the Supreme Court in 1801, wrote the landmark decision. The Court’s opinion declared the law that authorized the Supreme Court to act on Marbury’s behalf to be unconstitutional. Never before had the Supreme Court exercised its authority to declare an act of Congress to be unconstitutional. With this ruling on an apparently trivial matter, Marshall set the course for the judiciary to be a coequal branch of government. This document bears the marks of the Capitol fire of 1898. National Archives, Records of the Supreme Court of the United States In March 1801, in the final days of his administration, President John Adams appointed William Marbury as Justice of the Peace in the District of Columbia, but the Secretary of State, John Marshall, failed to deliver it. When the incoming Secretary of State, James Madison, refused to deliver Marbury’s commission, Marbury sued to obtain it. He asked the Supreme Court to order Madison to deliver the commission. John Marshall, who became Chief Justice of the Supreme Court in 1801, wrote the landmark decision. The Court’s opinion declared the law that authorized the Supreme Court to act on Marbury’s behalf to be unconstitutional. Never before had the Supreme Court exercised its authority to declare an act of Congress to be unconstitutional. With this ruling on an apparently trivial matter, Marshall set the course for the judiciary to be a coequal branch of government. This document bears the marks of the Capitol fire of 1898. National Archives, Records of the Supreme Court of the United States http://www.archives.gov/exhibits/charters/charters_of_freedo m_zoom_pages/charters_of_freedom_zoom_8.1.1.html Jefferson’s problem with the Barbary pirates during the early nineteenth century was exacerbated by a long history of European weakness during which payments of tribute and ransoms promoted a growth industry of terrorism. The Barbary regencies had preyed upon European commerce—and were generously rewarded for having done so—for two centuries before the United States arrived on the scene as an independent actor.4 The revolutionary victory deprived American ships of the protection of the British flag—like other European powers, the British were paying tribute to secure unmolested transit on the high seas. This lack of protection, combined with the increase in American commerce and the fact that American merchant ships “carried not an ounce of shot” to defend themselves, made the new nation’s commerce particularly attractive for plunder.5 Jefferson’s response to the Barbary threat was to use the nation’s new naval forces to face down and destroy the pirate threat. The Barbary Threat So long as the American colonies were a part of the British Empire, their commercial vessels were protected from attack by the annual tribute London was paying the Barbary states. However, ratification of the 1783 Treaty of Paris recognizing America brought that protection to an end. In October 1784, the American merchant brig Betsy was seized on the high seas and taken with its crew of eleven to Morocco.6 Lacking both a naval force to protect American commerce and the ability to compel the American states to furnish the necessary funds to provide for a navy, the Continental Congress, deciding to follow the European lead, authorized eighty thousand U.S. dollars to “negotiate peace” with Morocco to obtain the release of the prisoners.7 Not surprisingly, two weeks after a ransom was paid and the crew of Betsy was freed, cruisers from Algiers seized two other American vessels, with twenty-one hostages. More soon followed. The conditions of imprisonment were such that by the time peace was purchased in 1796, only eighty-five of the 131 American hostages imprisoned in Algiers remained alive. http://www.virginia.edu/cnsl/pdf/Turner-Jefferson-BarbaryPirates-NWC-2010.pdf The pirates were not all Muslims or North Africans—twothirds of their captains were in fact Europeans who had “taken the turban”—and were motivated mostly by profit, but also partly by religion. They sought to disrupt European and American maritime trade by raiding ships, stealing cargos, and holding crews for ransom. Despite the various peace treaties signed, these North African pirates saw themselves in a “permanent state of war” with their Christian adversaries, writes Paul Silverstein, an anthropologist at Reed College. Likewise, Europeans treated the pirates as “pathological parasites,” but refused to use force against the nonstate actors. http://nationalinterest.org/feature/paying-ransoms-what-the-barbary-piratesteach-us-about-isis-11164 In 1785, Thomas Jefferson sought to get the Europeans to break the cycle of paying yearly “tributes” to North Africans—namely the sultan of Morocco and governors of Tunis, Algiers and Tripoli—in exchange for safe passage for their merchant vessels. Europe was still primarily mercantilist at the time, and its armies were a collection of mercenaries and privateers, not the professionalized militaries of today. Britain and France refused the Americans’ offer out of commercial selfinterest. It was the onerousness of the tributes that eventually persuaded the United States to resort to using force against the Barbary corsairs—thereafter immortalizing the “shores of Tripoli” phrase in the U.S. Marine Corps hymn. Read the full Declaration. Questions for the Reader Careful study of the text will attend to both the universal principles and the particular grievances, as well as to the question of the relation between them. What, according to the Declaration, makes the American colonists a distinct “people,” entitled to a “separate and equal station” among the peoples of the world? What is meant by the Laws of Nature and Nature’s God, and how are these related to our “peoplehood”? What is a “right,” and where do individual rights come from? What is a “self-evident” truth, and in what self-evidently true sense can we say that “all men are created equal”? How does the Declaration understand the relation between the individual and the collective? Between our rights and our responsibilities (or duties)? Do we Americans today still hold these truths (or any truths) to be self-evident? Review carefully the list of grievances. Which ones strike you as most egregious? To what do they all add up? Why does the document emphasize the deeds of the king, downplaying the complicit role of Parliament? What is the relation between these grievances and the philosophical principles stated earlier? Are you persuaded that revolution was in fact justified? Imagining yourself in Philadelphia in July 1776, would you have pledged your life, fortune, and sacred honor to support this declaration? Would you — and in the name of what? — make such a pledge today to support the American republic, should comparable support be needed? Many of the signers suffered for their actions. Some were hunted, lost homes and property, fled with their families to avoid capture, and had family members captured or killed. Yet despite the high cost, no signer went back on his personal pledge, and America did win its freedom! The stories of the signers inspire us, and America has thrived under the five unique principles they set forth in the Declaration: Independence Day - the 240th birthday of America! We also commemorate those who signed the Declaration of Independence and were willing to risk so much. As they acknowledged: And for the support of this Declaration, with a firm reliance on the protection of Divine Providence, we mutually pledge to each other our lives, our fortunes, and our sacred honor. 1. What is the title of the National Anthem? A - Oh, Say Can You See C - America the Beautiful B - God Bless America D - The Star Spangled Banner 2. Which of the following rights is guaranteed by the first amendment? A- Right to Bear Arms C- Freedom of Religion B- Right to Vote D - All of the Above 3. What is the title of the head of a city government? A - Mayor B - Governor 4. 5. 6. 7. C - Chancellor D - Chairman of the Board Who has the ability to declare war? A - The President B - The Secretary of Defense C - The Joint Chiefs D - The Congress How many full terms may a Senator serve? A-1 B-2 C-4 D - No term limits for Senators How many full terms can a President serve? A-1 B-2 C-4 D - There are no term limits for Pres. How many years is a full term for a Representative? A-1 B-2 C-4 D-6 8. Which amendment sets the minimum voting age to 18? A - 1st B - 19th C - 18th D - 26th 9. Who becomes President if both the President and Vice President die? A - The Speaker of the House C - The Chief Justice B - The Secretary of Defense D - The First Lady 10, Independence Day Quiz On July 4th, 1776 we declared Independence from whom? A - Germany C - Spain B - Great Britain D - Rome 1. 2. How many branches of government do we have? A-1 B-2 C-3 Which is part of the judicial branch at the federal level? A - The Supreme Court B - The Congress C - The Senate D - The Presidential Cabinet D - zero Independence Day Quiz 3. Who elects the President of the United States? A - The House of Representatives C - The Senate B - The Electoral College D - The State Governors 4. How many states are there? A - 10 B - 13 C - 50 D - 100 How many stripes are there on the American Flag? A - 10 B - 13 C - 50 D - 100 5. 6. Who was the President of the United States during the civil war? A - Abraham Lincoln C - Ulysses S Grant B - George Washington D - Lyndon B Johnson 7. Who is the current President of the United States? A - Bill Clinton B - Barack Obama C - Colin Powell D - Dick Cheney Who is the current Vice President of the United States? A - Bill Clinton B - Hillary Clinton D - Joe Biden 8. 9. Why did the Pilgrims come to America? A - to establish a trade route with India B - to set up fur trade with the Natives 10. How many total Senators are there? A - 10 B - 13 C - Colin Powell C - to establish a new nation D - to find religious freedom C - 50 D - 100 1. 2. The Constitution has how many Amendments? A – 23 B - 27 C – 31 D - 33 How many Amendments have been proposed officially by Congress but never ratified? A - None B – 1 C-6 D - 12 Independence Day Quiz 3. Which of these amendments is a ratified and current amendment? A - Declaring it illegal to desecrate the American Flag B - Equality of rights regardless of Gender C - Restricting marriage in all States to be between a man and a woman D - Prohibiting the importing of liquor into States where it is illegal 4. In what year was the last amendment ratified? A – 1868 B - 1920 C - 1961 D – 1992 5. What is the Official Language of the United States? A - None B - Latin C – English D – Esperanto 6. Who was the first Vice President of the United States? A - George Washington C - Thomas Jefferson B - John Adams D - Andrew Jackson Who said "Give me liberty or give me death?" A - Nathan Hale B - Patrick Henry C - John Wilkes Booth D - Thomas Paine 7. 8. How many Presidents were assassinated while in office? A–1 B–2 C–4 D–6 9. Which of these Presidents was born in Texas? A - Dwight D. Eisenhower C - Ronald Reagan B - Richard Nixon D - George W. Bush 10. How many Presidents have been impeached? A - None B – 1 C–2 D-4 John Hancock was an 18th century U.S. merchant who was president of the Continental Congress and the first person to sign the Declaration of Independence. After resigning as head of the Continental Congress in 1777, Hancock had his chance for military glory in 1778, when he led some 5,000 Massachusetts soldiers in an attempt to recapture Newport, Rhode Island, from the British. Although the mission was a failure, Hancock remained a popular figure. He went on to help frame the Massachusetts Constitution, adopted in 1780, and was elected governor of Massachusetts by a wide margin that same year. During his tenure as governor, Massachusetts was plagued by sharp inflation, and a number of farmers defaulted on loans and ended up in prison. In the face of the mounting political crisis, Hancock, who was suffering from gout, resigned the governorship in 1785. The following year, an armed uprising by Massachusetts farmers that later became known as Shay’s Rebellion broke out. The rebellion ended in early 1787, and Hancock was reelected governor that same year. He did not attend the 1787 Constitutional Convention in Philadelphia; however, he presided over his home state’s 1788 convention to ratify the U.S. Constitution and gave a speech in favor of ratification. http://www.history.com/topics/american-revolution/john-hancock Hancock—who reputedly maintained a lavish lifestyle and often faced staunch criticism for his exorbitance—would become a major figure in the American Revolution. In the mid-1760s, he won two consecutive political positions, first managing affairs on a local level in Boston and then moving to the colonial legislature. He entered politics at a time when American colonialists were becoming increasingly agitated by British parliamentary tax regulations and restrictions, with Hancock becoming inextricably involved due to his importingexporting affairs. Protesting financial regulations like the Stamp Act and Townshend duties, Hancock commandeered public acts of protest. To avoid British taxation, Hancock had also allegedly taken to smuggling goods aboard his vessels. In 1768, Hancock's ship the Liberty was taken ahold of by British authorities who stated the merchant hadn't paid the required fees on his imports. Hancock was given a huge fine and taken to court. These actions in turn prompted mob violence on Boston streets and eventually led to British authorities sending in military forces. "RESOLVED, That it be, and hereby is recommended to the good People of this Colony of all Denominations, that THURSDAY the Eleventh Day of May next be set apart as a Day of Public Humiliation, Fasting and Prayer...to confess the sins...to implore the Forgiveness of all our Transgression...and a blessing on the Husbandry, Manufactures, and other lawful Employments of this People; and especially that the union of the American Colonies in Defense of their Rights (for hitherto we desire to thank Almighty GOD) may be preserved and confirmed....And that AMERICA may soon behold a gracious Interposition of Heaven." The interposition of Divine Providence in our Favour hath been most abundantly and most graciously manifested, and the Citizens of these United States have every Reason for Praise and Gratitude to the God of their Salvation. In circumstances dark as these, it becomes us, as Men and Christians, to reflect that, whilst every prudent Measure should be taken to ward off the impending Judgements....All confidence must be withheld from the Means we use; and reposed only on that GOD who rules in the Armies of Heaven, and without whose Blessing the best human Counsels are but Foolishness--and all created Power Vanity; "It is the Happiness of his Church that, when the Powers of Earth and Hell combine against it...that the Throne of Grace is of the easiest access--and its Appeal thither is graciously invited by the Father of Mercies, who has assured it, that when his Children ask Bread he will not give them a Stone.... BRAVERY - COURAGE - ... we dread nothing but slavery. Death is the creature of a poltroons brains; tis immortality to sacrifice ourselves for the salvation of our country. We fear not death. That gloomy night, that pal faced moon, and the affrighted starts that hurried through the sky, can witness that we fear not death. Our hearts which, at the recollection, glow with rage that four revolving years have scarcely taught us to restrain, can witness that we fear not death... There! His Majesty can now read my name without glasses. And he can double the reward on my head!
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