Philosophical Remarks on the Declaration of Independence: Sections 3, 4 & 5

Today, we continue to use the "Moral Philosophy in Context" tool to discuss the Declaration.

§3 Section three of the Declaration comprises 27 complaints against the King and the British Empire. These complaints are criminal, civil and enumerate material and civil damages. Of note is the final complaint, which reads:

He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless Indian Savages, whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions.

This charge replaced one that was deleted from the Declaration, which addresses the issue of slavery:

He has waged cruel war against human nature itself, violating its most sacred rights of life and liberty in the persons of a distant people who never offended him, captivating & carrying them into slavery in another hemisphere or to incur miserable death in their transportation thither.  This piratical warfare, the opprobrium of infidel powers, is the warfare of the Christian King of Great Britain.  Determined to keep open a market where Men should be bought & sold, he has prostituted his negative for suppressing every legislative attempt to prohibit or restrain this execrable commerce.  And that this assemblage of horrors might want no fact of distinguished die, he is now exciting those very people to rise in arms among us, and to purchase that liberty of which he has deprived them, by murdering the people on whom he has obtruded them: thus paying off former crimes committed again the Liberties of one people, with crimes which he urges them to commit against the lives of another.

Click HERE for a brief note.

Metaphysis, Claims for Logic, Theory of Human Nature

The King's policies are subject to Natural Law. Of course under British jurisprudence the King was not subject to Natural Law, much less British law, though on this latter I lack knowledge of the character, the extent and the force of the restrictions Parliament and the courts exercised against his power.  

Moral Philosophy

In violation of Natural Law, the King's policies are immoral and unethical.

Political Philosophy

The king's policies are answerable to the legal and just authority of the colonies; i.e. the magisterial and military powers of the united colonies, exercising their powers as a sovereign state). as he has not answered the colonies in their petitions regarding these injuries, the King is not fit to rule; moreover, he is unable to rule over a free people, as the revolution perforce will demonstrate. For as the third section concludes:

In every stage of these Oppressions We have Petitioned for Redress in the most humble terms: Our repeated Petitions have been answered only by repeated injury. A Prince, whose character is thus marked by every act which may define a Tyrant, is unfit to be the ruler of a free people.

§4 Nor have We been wanting in attentions to our Brittish brethren. We have warned them from time to time of attempts by their legislature to extend an unwarrantable jurisdiction over us. We have reminded them of the circumstances of our emigration and settlement here. We have appealed to their native justice and magnanimity, and we have conjured them by the ties of our common kindred to disavow these usurpations, which, would inevitably interrupt our connections and correspondence. They too have been deaf to the voice of justice and of consanguinity. We must, therefore, acquiesce in the necessity, which denounces our Separation, and hold them, as we hold the rest of mankind, Enemies in War, in Peace Friends.

Metaphysics, Claims for Logic, Theory of Human Nature

The subjects, agents and the officials of the British Empire have been duly informed as to the injuries of the King. They are culpable in the King's violations of the natural rights of the colonists, and they will along with their tyrannical king be treated as enemies.

Moral Philosophy

Natural Law moral and enforceable.

Political Philosophy

Natural Law admits warfare among sovereign nations and states as a process of lawful response to grievances and in the cause of overthrowing tyranny.

§5 We, therefore, the Representatives of the united States of America, in General Congress, Assembled, appealing to the Supreme Judge of the world for the rectitude of our intentions, do, in the Name, and by Authority of the good People of these Colonies, solemnly publish and declare, 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; and that as Free and Independent States, they have full Power to levy War, conclude Peace, contract Alliances, establish Commerce, and to do all other Acts and Things which Independent States may of right do. 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.

Metaphysics, Claims for Logic, Theory of Human Nature

The colonists assert that they are operating under God's will and His Natural Law. 

Moral Philosophy

Natural Law is a template for moral conduct.

Political Philosophy

The colonies are free, independent, and are united as a nation-state, are free to alter their system of government, and thus "assume among the powers of the earth, the separate and equal station to which the Laws of Nature and of Nature's God entitle them". The nation is formed.

The Battle of Lexington, 19 April 1775 William Barnes Wollen, 1910

Philosophical Remarks on the Declaration of Independence: Sections 1 & 2

As I said yesterday, we will use the "Moral Philosophy in Context" scheme to describe the Declaration.

The first part (first paragraph) reads as follows:

§1 The unanimous Declaration of the thirteen united States of America, When in the Course of human events, it becomes necessary for one people to dissolve the political bands which have connected them with another, and to assume among the powers of the earth, the separate and equal station to which the Laws of Nature and of Nature's God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation.

 Metaphysical Assumptions and a Theory of Human Nature

Nature--the universe and everything in it, is a creation governed by inviolable "laws."  Though they are inviolable, they are not (excepting laws like 'gravity') compulsory. Human beings choose to obey (or otherwise follow) these laws.  Human beings have freedom of action, and though they be in error they can disobey these laws.  Although Natural Law is distinguished grammatically from Nature's God, the two concepts are contingent upon each other, one necessitates and legitimizes the other.  This is brought into clarity when considering St. Thomas Aquinas's distinction between Revealed and Natural theology.  Revealed theology is knowledge of God revealed through scripture, informed theological exegesis and commentary, and viable "mystical" or aesthetic experiences.  Natural theology is knowledge of God revealed through nature, which is assumed to be god's creation.  Human nature is construed along the lines of God's creative and governing magisterium (and I use the word here in a physical sciences rather than a theological sense). Human beings are God's property (vague at t his point, but the notion will figure importantly in Section 2).

Moral Assumptions

"Decent respect to the opinions of Mankind." The assumption seems to be that as central actors in God's universe and God's plan, human beings are required to communicate with each other their theological, moral, and political understanding.  The arena of human communication is part of nature, and is thus integral (and subject to) the laws of nature and nature's God. Our separate and equal station" is our political and ontological status regarding one another--human beings are created equal under the laws of nature--that is, under the law they all may pursue life, liberty and property--they are at liberty to thrive and flurish: to pursue eudemonia, or health and well-being.

Political Assumptions

As autonomous actors in God's plan, human beings are involved in a natural social contract in which they are separate (autonomous) and equal (subject equally and fairly to natural restrictions and liberties under the same Natural Law).  Ergo, communications regarding a peoples' living under the protections of Natural Law are necessary to promulgate and follow that law.

The second part (second paragraph) reads as follows:

§2 We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.--That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, --That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness. Prudence, indeed, will dictate that Governments long established should not be changed for light and transient causes; and accordingly all experience hath shewn, that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them 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.--Such has been the patient sufferance of these Colonies; and such is now the necessity which constrains them to alter their former Systems of Government. The history of the present King of Great Britain is a history of repeated injuries and usurpations, all having in direct object the establishment of an absolute Tyranny over these States. To prove this, let Facts be submitted to a candid world.

Claims for Logic and Reason, Metaphysical Assumptions, and a Theory of Human Nature

Logic: There is truth and there are things that are self-evident. Rather than syllogisms or appeals to logic, these truths are regarded as revealed through a reasonable, skeptical and "peer-reviewed"--consensual, but also tentative, earnest and civil--study of nature.  Metaphysics: there is a a creator God, and we are God's property.  Human Nature: Among our endowments (or central to our character) are Life, Liberty and the Pursuit of Happiness (see my discussion regarding Aristotle and the Meaning of Eudemonia). God loves us and is desirous that we love him back, and therefore he has given us the right to pursue such properties, experiences, improvements to our character and well-being, which shall encourage us to return his love.  This is the highest aim of his plan.  Deniying people their pursuit and possession of these "gifts" is to damage to God's property. Ergo, we are to seek to cooperate, support and tolerate one another so as to enhance our ability to choose to love God. Love without choice is not love. Human nature: though we are  flawed in our condition, we are capable of studying inspired revelation and God-in-Nature and discovering in our studies of God's purpose and plans.

Moral Assumptions

It is incumbent upon us to protect God's property; i.e, it is incumbent upon us to protect ourselves from sundry actors--uninspired, craven, tyrannical, and evil people (and systems) that seek to hinder, delimit and damage God's property. Thus, nature demonstrates that we not only have a right but also a duty to protect God's property. We are members of the human community, and through our community--our  intercourse, our communications, our leadership and our actions, we identify and execute such structures that should guarantee our status as God's property and subjects of God's plan. Power thus comes from the people.

Political Assumptions 

Action shall be measured, informed, and construed along these metaphysical and moral lines, and it is in our Nature to correct any systems or actors that restrict our rights; and in their place we configure new systems that will return the community to a position where our rights and God's plan can be exercised. The community, moreover, is a community of individuals whose rights, safety and happiness are the end-goals of proper, just and lawful political systems and actions. Systems that injure, abuse and usurp the rights of the people (of individuals) are unlawful and are to be--must be--overturned.

Inversion

As I point out in my scheme, rather than metaphysics or a theory of human nature, politics can be the actual driver.  Here we might adroitly observe the British empire of King George III was abusing the colonies, and the colonists had had enough.  That is, the colonies had a sizable middle- and upper-middle-class, and they had had enough of the King's nonsense. Meanwhile, I suspect the system as it's described here flowing from metaphysics and a proper understanding of human nature (rather than crass politics), is valid and operative here. 

Tomorrow: Parts 3, 4, 5. 

Can't wait?  Please click HERE for related discussions.

The Birthplace of Benjamin Franklin, 17 Milk Street, Boston

 

Independence Day: Highbrow is back to discuss the Declaration of Independence...

Please click HERE to visit the National Archives to read the document (or see below, to which I have added section numbers).

Then, click HERE to review my post on "Moral Philosophy in Context."  We will use this tool tomorrow to unpack the Declaration.

Happy Independence Day!

Declaration of Independence, oil on canvas by John Trumbull, 1818; in the U.S. Capitol Rotunda, Washington, D.C.

 

In Congress, July 4, 1776

§1 The unanimous Declaration of the thirteen united States of America, When in the Course of human events, it becomes necessary for one people to dissolve the political bands which have connected them with another, and to assume among the powers of the earth, the separate and equal station to which the Laws of Nature and of Nature's God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation.

§2 We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.--That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, --That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness. Prudence, indeed, will dictate that Governments long established should not be changed for light and transient causes; and accordingly all experience hath shewn, that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them 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.--Such has been the patient sufferance of these Colonies; and such is now the necessity which constrains them to alter their former Systems of Government. The history of the present King of Great Britain is a history of repeated injuries and usurpations, all having in direct object the establishment of an absolute Tyranny over these States. To prove this, let Facts be submitted to a candid world.

§3 He has refused his Assent to Laws, the most wholesome and necessary for the public good.

He has forbidden his Governors to pass Laws of immediate and pressing importance, unless suspended in their operation till his Assent should be obtained; and when so suspended, he has utterly neglected to attend to them.

He has refused to pass other Laws for the accommodation of large districts of people, unless those people would relinquish the right of Representation in the Legislature, a right inestimable to them and formidable to tyrants only.

He has called together legislative bodies at places unusual, uncomfortable, and distant from the depository of their public Records, for the sole purpose of fatiguing them into compliance with his measures.

He has dissolved Representative Houses repeatedly, for opposing with manly firmness his invasions on the rights of the people.

He has refused for a long time, after such dissolutions, to cause others to be elected; whereby the Legislative powers, incapable of Annihilation, have returned to the People at large for their exercise; the State remaining in the mean time exposed to all the dangers of invasion from without, and convulsions within.

He has endeavoured to prevent the population of these States; for that purpose obstructing the Laws for Naturalization of Foreigners; refusing to pass others to encourage their migrations hither, and raising the conditions of new Appropriations of Lands.

He has obstructed the Administration of Justice, by refusing his Assent to Laws for establishing Judiciary powers.

He has made Judges dependent on his Will alone, for the tenure of their offices, and the amount and payment of their salaries.

He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people, and eat out their substance.

He has kept among us, in times of peace, Standing Armies without the Consent of our legislatures.

He has affected to render the Military independent of and superior to the Civil power.

He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation:

For Quartering large bodies of armed troops among us:

For protecting them, by a mock Trial, from punishment for any Murders which they should commit on the Inhabitants of these States:

For cutting off our Trade with all parts of the world:

For imposing Taxes on us without our Consent:

For depriving us in many cases, of the benefits of Trial by Jury:

For transporting us beyond Seas to be tried for pretended offences:

For abolishing the free System of English Laws in a neighbouring Province, establishing therein an Arbitrary government, and enlarging its Boundaries so as to render it at once an example and fit instrument for introducing the same absolute rule into these Colonies:

For taking away our Charters, abolishing our most valuable Laws, and altering fundamentally the Forms of our Governments:

For suspending our own Legislatures, and declaring themselves invested with power to legislate for us in all cases whatsoever.

He has abdicated Government here, by declaring us out of his Protection and waging War against us.

He has plundered our seas, ravaged our Coasts, burnt our towns, and destroyed the lives of our people.

He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation and tyranny, already begun with circumstances of Cruelty & perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.

He has constrained our fellow Citizens taken Captive on the high Seas to bear Arms against their Country, to become the executioners of their friends and Brethren, or to fall themselves by their Hands.

He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless Indian Savages, whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions.

In every stage of these Oppressions We have Petitioned for Redress in the most humble terms: Our repeated Petitions have been answered only by repeated injury. A Prince, whose character is thus marked by every act which may define a Tyrant, is unfit to be the ruler of a free people.

§4 Nor have We been wanting in attentions to our Brittish brethren. We have warned them from time to time of attempts by their legislature to extend an unwarrantable jurisdiction over us. We have reminded them of the circumstances of our emigration and settlement here. We have appealed to their native justice and magnanimity, and we have conjured them by the ties of our common kindred to disavow these usurpations, which, would inevitably interrupt our connections and correspondence. They too have been deaf to the voice of justice and of consanguinity. We must, therefore, acquiesce in the necessity, which denounces our Separation, and hold them, as we hold the rest of mankind, Enemies in War, in Peace Friends.

§5 We, therefore, the Representatives of the united States of America, in General Congress, Assembled, appealing to the Supreme Judge of the world for the rectitude of our intentions, do, in the Name, and by Authority of the good People of these Colonies, solemnly publish and declare, 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; and that as Free and Independent States, they have full Power to levy War, conclude Peace, contract Alliances, establish Commerce, and to do all other Acts and Things which Independent States may of right do. 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.