Up to this point the colonists, if rebellious in their practical attitude, had been strictly constitutional in their avowed aims. In the "Declaration of Colonial Right" of 1774, and even in the appeal to arms of 1775, all suggestion of breaking away from the Empire was repudiated. But now that the sword was virtually drawn there were practical considerations which made the most prudent of the rebels consider whether it would not be wiser to take the final step, and frankly repudiate the British Sovereignty altogether. For one thing, by the laws of England, and indeed of all civilized nations, the man who took part in an armed insurrection against the head of the State committed treason, and the punishment for treason was death. Men who levied war on the King's forces while still acknowledging him as their lawful ruler were really inviting the Government to hang them as soon as it could catch them. It might be more difficult for the British Government to treat as criminals soldiers who were fighting under the orders of an organized de facto government, which at any rate declared itself to be that of an independent nation. Again, foreign aid, which would not be given for the purpose of reforming the internal administration of British dominions, might well be forthcoming if it were a question of dismembering those dominions. These considerations were just and carried no little weight; yet it is doubtful if they would have been strong enough to prevail against the sentiments and traditions which still bound the colonies to the mother country had not the attack on the charters forced the controversy back to first principles, and so opened the door of history to the man who was to provide America with a creed and to convert the controversy from a legal to something like a religious quarrel.
Old Peyton Randolph, who had so largely guided the deliberations of the first Continental Congress, was at the last moment prevented by ill-health from attending the second. His place in the Virginian Delegation was taken by Thomas Jefferson.
Jefferson was not yet thirty when he took his seat in the Continental Congress, but he was already a notable figure in his native State. He belonged by birth to the slave-holding gentry of the South, though not to the richest and most exclusive section of that class. Physically he was long limbed and loose jointed, but muscular, with a strong ugly face and red hair. He was adept at the physical exercises which the Southerners cultivated most assiduously, a bold and tireless rider who could spend days in the saddle without fatigue, and a crack shot even among Virginians. In pursuit of the arts and especially of music he was equally eager, and his restless intelligence was keenly intrigued by the new wonders that physical science was beginning to reveal to men; mocking allusions to his interest in the habits of horned frogs will be found in American pasquinades of two generations. He had sat in the Virginian House of Burgesses and had taken a prominent part in the resistance of that body to the royal demands. As a speaker, however, he was never highly successful, and a just knowledge of his own limitations, combined perhaps with a temperamental dislike, generally led him to rely on his pen rather than his tongue in public debate. For as a writer he had a command of a pure, lucid and noble English unequalled in his generation and equalled by Corbett alone.
But for history the most important thing about the man is his creed. It was the creed of a man in the forefront of his age, an age when French thinkers were busy drawing from the heritage of Latin civilizations those fundamental principles of old Rome which custom and the corruptions of time had overgrown. The gospel of the new age had already been written: it had brought to the just mind of Jefferson a conviction which he was to communicate to all his countrymen, and through them to the new nation which the sword was creating. The Declaration of Independence is the foundation stone of the American Republic, and the Declaration of Independence in its essential part is but an incomparable translation and compression of the Contrat Social. The aid which France brought to America did not begin when a French fleet sailed into Chesapeake Bay. It began when, perhaps years before the first whisper of discontent, Thomas Jefferson sat down in his Virginian study to read the latest work of the ingenious M. Rousseau.
For now the time was rife for such intellectual leadership as Jefferson, armed by Rousseau, could supply. The challenge flung down by the British Government in the matter of the Charter of Massachusetts was to be taken up. The argument that whatever rights Americans might have they derived from Royal Charters was to be answered by one who held that their "inalienable rights" were derived from a primordial charter granted not by King George but by his Maker.
The second Continental Congress, after many hesitations, determined at length upon a complete severance with the mother country. A resolution to that effect was carried on the motion of Lee, the great Virginian gentleman, an ancestor of the noblest of Southern warriors. After much adroit negotiations a unanimous vote was secured for it. A committee was appointed to draft a formal announcement and defence of the step which had been taken. Jefferson was chosen a member of the committee, and to him was most wisely entrusted the drafting of the famous "Declaration."
The introductory paragraphs of the Declaration of Independence contain the whole substance of the faith upon which the new Commonwealth was to be built. Without a full comprehension of their contents the subsequent history of America would be unintelligible. It will therefore be well to quote them here verbatim, and I do so the more readily because, apart from their historic importance, it is a pity that more Englishmen are not acquainted with this masterpiece of English prose.
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 for the opinion of Mankind requires that they shall declare the cause that impels the separation.
We hold these truths to be self-evident: that all men are created equal; that they are endowed by their Creator with certain inalienable 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 those ends it is the right of the people to alter or to abolish it, and to reinstate a 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.
The Declaration goes on to specify the causes of grievances which the colonists conceive themselves to have against the royal government, and concludes as follows:—
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 the 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.
The first principles set out in the Declaration must be rightly grasped if American history is understood, for indeed the story of America is merely the story of the working out of those principles. Briefly the theses are two: first, that men are of right equal, and secondly, that the moral basis of the relations between governors and governed is contractual. Both doctrines have in this age had to stand the fire of criticisms almost too puerile to be noticed. It is gravely pointed out that men are of different heights and weights, that they vary in muscular power and mental cultivation—as if either Rousseau or Jefferson was likely to have failed to notice this occult fact! Similarly the doctrine of the contractual basis of society is met by a demand for the production of a signed, sealed, and delivered contract, or at least for evidence that such a contract was ever made. But Rousseau says—with a good sense and modesty which dealers in "prehistoric" history would do well to copy—that he does not know how government in fact arose. Nor does anyone else.