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The Declaration of Independence

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In one vibrant paragraph of the Declaration of Independence, Thomas Jefferson managed to compress both a résumé of American constitutional theory that justified the struggle for independence and a précis of a revolutionary, republican theory of government. “All men are created equal”; they enjoy “unalienable Rights” (this repudiated arguments by Thomas Hobbes and William Blackstone that people surrender their natural rights when they leave the state of nature); these rights include “Life, Liberty and the pursuit of Happiness” (a liberal and literary improvement on John Locke's triad of life, liberty, and property); governments exist to protect those rights; governments are created by “the consent of the governed” (the compact theory); the people retain the right “to alter or to abolish” government when it violates its ends, “and to institute new Government” to secure the people's “Safety and Happiness” (the commonwealth theory). In their totality, these concepts provided a comprehensive statement of popular sovereignty.

The remainder of the Declaration consisted of a indictment arraigning King George III with thirty offenses, some constitutional, some legal, and some merely matters of policy. The indictment omitted counts drafted by Jefferson that condemned the slave trade, at the insistence of South Carolina and Georgia delegates, who were determined that self‐government and unalienable rights in America were to remain the prerogatives of white men exclusively.

The Declaration was drafted by Thomas Jefferson, with only minor participation by a committee that included John Adams, Benjamin Franklin, Roger Sherman, and Robert Livingston, pursuant to a resolution of the Second Continental Congress. It was adopted by Congress on 4 July 1776. Jefferson himself belittled the originality of his work, stating that, though he penned the Declaration without consulting other sources, it contained nothing novel in the way of political thought. In this, he was correct: the basic theory of the Declaration was derivative of the thought of Locke and reflected English Whig theory as it had evolved in the preceding century and a half. George Mason had anticipated much of the substance of Jefferson's ideas in his draft of the Virginia Declaration of Rights (12 June 1776), though the literary grace and felicity of Jefferson's Declaration eclipsed the ponderous lawyer's couplets and triplets of the Virginia Declaration.

The constitutional and legal status of the Declaration of Independence is curiously ambiguous. John Hancock (in his capacity as president of the Second Continental Congress) and James Madison both considered it to be, in Madison's words, “the fundamental Act of Union of these States.” Reflecting that view, Congress has placed it at the head of the United States Code, under the caption, “The Organic Laws of the United States of America.” The Supreme Court has infrequently accorded it binding legal force, for example, in resolving questions of alienage (Inglis v. Trustees of Sailor's Snug Harbour, 1830). Yet lawyers generally, and the Supreme Court in particular, have been reluctant to treat the Declaration as part of American organic law, or even to accord it the restricted status of the Preamble to the Constitution. Conservatives like Daniel Webster denied that there is a constitutionally recognized right of revolution, and those state supreme courts that have addressed the issue in the twentieth century have adopted Webster's view. Reformers, such as antebellum abolitionists, insisted that the Declaration was part of the constitutional order, while their opponents, including John C. Calhoun, denigrated its authority and validity. The adoption of the Thirteenth and Fourteenth Amendments allayed the urgency of that question by incorporating concepts of equality, freedom, and citizenship into the operative constitutional text.

Nevertheless, the Declaration of Independence endures as the basic statement of the principles of American government. Abraham Lincoln invoked its authority in the supreme crisis of the union, and it remains today the foundation of our constitutional order.

See also Natural Law.

Bibliography

  • Carl Becker, The Declaration of Independence (1922).
  • Gary Wills, Inventing America: Jefferson's Declaration of Independence (1978)

— William M. Wiecek

 
 
US Military Dictionary: Declaration of Independence

A U.S. document adopted by the Continental Congress on July 4, 1776, during the Revolutionary War, to announce the separation of the American colonies from Britain. It included charges against the crown and Parliament for violations against the colonists, and it was the first formal document affirming a people's right to a government of their own choice. Written predominately by Thomas Jefferson, it asserted “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.”

On only twelve of the thirteen colonies voted unanimously to approve the declaration. New York's delegation lacked permission to act and had to abstain until July 15.

See the Introduction, Abbreviations and Pronunciation for further details.

 
Political Dictionary: Declaration of Independence

The statement agreed by the Continental Congress on 4 July 1776 proclaiming the freedom and independence of thirteen British colonies in North America and announcing the creation of the United States of America. The Declaration can be divided into four parts. It begins with a preamble revealing that the statement's primary purpose is to provide a justification for dissolving the ties binding the colonies to Britain. The second part claims that people are duty bound to throw off governments that fail to meet the requirements of that theory. Part three is a catalogue of grievances against George III prior to a concluding section asserting that the former colonies were now ‘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’.

For Americans, the Declaration of Independence, authored primarily by Thomas Jefferson, is second only to the US Constitution as a hallowed document symbolizing the founding of the nation. However, Congress actually announced the independence of the colonies on 2 July, two days before the Declaration of Independence was agreed. Furthermore many of the grievances listed in the Declaration are of dubious validity, but even if they are accepted they do not support the sweeping allegations of absolute despotism and tyranny ‘with circumstances of cruelty and perfidy, scarcely paralleled in the most barbarous ages’. George III and his ministers were insensitive, short-sighted, and incompetent, but hardly tyrants.

It was in any case inappropriate for the Declaration to direct its fire so exclusively at the person of the King, at one point even going so far as to accuse him of inciting ‘the merciless Indian savages’ against his colonial subjects. In fact, Parliament and government ministers were the principal parties to the dispute with the colonies even though they receive no direct mention in the Declaration.

The most enduring and universally significant part of the Declaration of Independence is to be found in its second paragraph: ‘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 when any form of government becomes destructive of these ends, it is the right of the people to alter or abolish it, and to institute a new 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.’ This famous passage encapsulates several of the canons of liberal democracy including the principle of equality, natural rights, government by consent and limited government. The influence of John Locke on Jefferson and his colleagues has been widely noted and it is evident that the Declaration states briefly many of the themes developed at greater length in Locke's Second Treatise of Government.

— David Mervin

 
Britannica Concise Encyclopedia: Declaration of Independence

(July 4, 1776) Document approved by the Continental Congress that announced the separation of 13 North American British colonies from Britain. The armed conflict during the American Revolution gradually convinced the colonists that separation from Britain was essential. Several colonies instructed their delegates to the Continental Congress to vote for independence. On June 7, Richard Henry Lee of Virginia offered a resolution for independence. The congress appointed Thomas Jefferson, John Adams, Benjamin Franklin, Roger Sherman, and Robert R. Livingston to draft a declaration. Jefferson was persuaded to write the draft, which was presented with few changes on June 28. It began with a declaration of individual rights and then listed the acts of tyranny by George III that formed the justification for seeking independence. After debate and changes to accommodate regional interests, including deletion of a condemnation of slavery, it was approved on July 4 as "The Unanimous Declaration of the Thirteen United States of America." It was signed by Congress president John Hancock, printed, and read aloud to a crowd assembled outside, then engrossed (written in script) on parchment and signed by the 56 delegates.

For more information on Declaration of Independence, visit Britannica.com.

 
British History: Declaration of Independence

Declaration of Independence, 1776. Conflict in America was well advanced when Congress on 4 July 1776 adopted the Declaration of Independence. Primarily the work of Thomas Jefferson, a principal objective was to facilitate an understanding with France. The celebrated ‘self-evident truths’ of life, liberty, and the pursuit of happiness were followed by a fierce denunciation of George III as ‘a tyrant unfit to be the ruler of a free people’. The declaration concluded that ‘all political connection between them and the state of Great Britain is, and ought to be, totally dissolved.’

 
US History Encyclopedia: Declaration of Independence

This document, which the Second Continental Congress adopted on 4 July 1776, proclaimed the original thirteen American colonies independent of Great Britain and provided an explanation and justification of that step. Although it was first drafted as a revolutionary manifesto, Americans of later generations came to honor the Declaration less for its association with independence than for its assertion that "all men are created equal" and "are endowed by their Creator with certain inalienable rights," among which are "life, liberty, and the pursuit of happiness," individual rights that went unmentioned in the federal Constitution and Bill of Rights.

The Development of Independence

The original thirteen British colonies of mainland North America moved toward independence slowly and reluctantly. The colonists were proud of being British and had no desire to be separated from a mother country with which they were united, as John Dickinson put it in his popular newspaper "letters" from "a Farmer in Pennsylvania" (1767–1768), "by religion, liberty, laws, affections, relation, language and commerce." Not even the outbreak of war at Lexington and Concord, Massachusetts on 19 April 1775 produced calls for independence. In July of that year, the Second Continental Congress sent the King a petition for redress and reconciliation, which Dickinson drafted in conspicuously respectful language.

The king did not formally answer to the petition. Instead, in a proclamation of August 23, 1775, he asserted that the colonists were engaged in an "open and avowed rebellion." Then, on October 26, he told Parliament that the American rebellion was "manifestly carried on for the purpose of establishing an independent Empire," and that the colonists' professions of loyalty to him and the "parent State" were "meant only to amuse." News of the speech arrived at Philadelphia in January 1776, just when Thomas Paine's Common Sense appeared. American freedom would never be secure under British rule, Paine argued, because the British government included two grave "constitutional errors," monarchy and hereditary rule. Americans could secure their future and that of their children only by declaring their independence and founding a new government whose authority rested on the people alone, with no king or other hereditary rulers. The pamphlet opened a widespread public debate on the previously taboo subject of independence. News of Parliament's Prohibitory Act (December 1775), which declared colonial ships and cargoes forfeit to the Crown as if they were the possessions of "open enemies," added force to Paine's argument, as did news that the Crown had hired German mercenary soldiers to help subdue the Americans.

Finally, on 10 and 15 May 1776, Congress passed a resolution written by John Adams with a radical preface that called for the total suppression of "every kind of authority under the … crown" and the establishment of new state governments "under the authority of the people." Simultaneously, on 15 May, Virginia instructed its Congressional delegation to move that Congress declare independence, negotiate foreign alliances, and design an American confederation. As a result, on 7 June 1776, Richard Henry Lee introduced the following resolution: "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 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." Lee also moved that Congress "take the most effectual measures for forming foreign Alliances" and prepare "a plan of confederation" for the colonies' consideration.

Congress debated Lee's resolution on Saturday, 8 May, and again the following Monday. According to notes kept by Thomas Jefferson, most delegates conceded that independence was justified and inevitable, but some argued for delay. The colonies should negotiate agreements with potential European allies before declaring independence, they said. Moreover, the delegates of several colonies, including Maryland, Pennsylvania, Delaware, New Jersey, and New York, were bound by instructions that precluded their voting for independence. Since opinion in those colonies was said to be "fast advancing," even a short delay might avoid a seriously divided vote. The delegates therefore put off the decision until July, but on 11 June appointed a committee to draft a declaration on independence. It had five members: Thomas Jefferson of Virginia, John Adams of Massachusetts, Roger Sherman of Connecticut, Robert R. Livingston of New York, and Pennsylvania's Benjamin Franklin.

Drafting the Declaration

The drafting committee left no formal records of its proceedings, and the private notes that Jefferson kept devote only a few sentences to the subject. The story of the Declaration's creation must be pieced together from a handful of documents of the time and from accounts by Jefferson and Adams, most of which were written long after the event and sometimes contradict each other. Before appointing a draftsman, it seems likely that the committee met, discussed how the document should be organized, and perhaps wrote "minutes" or instructions, as Adams said. Probably, as Jefferson claimed, he alone was asked to write the document.

In the previous few weeks, Jefferson had drafted a preamble for Virginia's new constitution. He clearly modeled its opening paragraph on the British Declaration of Rights (February 1689), which charged King James II with attempting to "subvert and extirpate" both the Protestant religion and the "Laws and Liberties of this Kingdom." Jefferson similarly accused George III of attempting to establish "a detestable & insupportable tyranny" in Virginia, and then listed a series of transgressions that, like those in the British Declaration, began with the word "by." Now he returned to a draft of his Virginia preamble that remained among his papers, rearranging and expanding the list of grievances for use in the Declaration of Independence. However, rather than start with a "Whereas" clause, as had both his Virginia preamble and its British predecessor, Jefferson proposed a magnificent opening paragraph beginning "When in the course of human events." It identified what followed as having significance far beyond America and Britain alone.

Jefferson's famous second paragraph, which began "We hold these truths to be sacred & undeniable," expressed ideas widely shared among the colonists. Its language, however, owed much to an early version of the Virginia Declaration of Rights written by George chMason. Jefferson took phrases from the Mason draft, compressed them, then added language of his own to construct a single long sentence, based on a standard eighteenth-century rhetorical device that prescribed a series of phrases whose meaning became clear only at the end. The Mason draft said, for example, "all men are born equally free and independent." Jefferson wrote instead "that all men are created equal & independent," then crossed out "& independent." The Mason draft asserted that men had "certain inherent natural rights" that they could not "by any compact, deprive or divest their posterity; among which are, the enjoyment of life and liberty, with the means of acquiring and possessing property, and pursuing and obtaining happiness and safety." Jefferson wrote instead that men had "inherent & inalienable rights" including "life, & liberty, & the pursuit of happiness." To secure those rights, he added, "Governments are instituted among men, deriving their just powers from the consent of the governed." He concluded his series of phrases with a powerful assertion of the people's right to abolish and replace a government that became destructive of their rights—in short, of the right of revolution, which the Americans were exercising in 1776. That right should not, he went on to say, be invoked for "light & transient causes," but it became not only the people's right but also their "duty to throw off" a government guilty of "a long train of abuses & usurpations" moving toward the establishment of "arbitrary power." And the reign of George III, Jefferson asserted, was "a history of unremitting injuries and usurpations," directed toward "the establishment of an absolute tyranny over the American states.

A long list of examples, or charges against the king, followed. They began not with "by" but with the more emphatic words "he has." The first set of charges recalled somewhat obscure grievances suffered by a specific colony or group of colonies; then, under a charge that "he had combined with others" to perform certain acts, the list recalled more familiar acts of Parliament that had received the royal assent. A final section cited recent events, such as the king's "declaring us out of his allegiance & protection" by approving the Prohibitory Act and employing "large armies of foreign mercenaries" against his American subjects. The Jefferson draft also charged the king with responsibility for the slave trade. A king "whose character is thus marked by every act which may define a tyrant," the draft said, "is unfit to be the ruler of a people who mean to be free." A rambling, angry penultimate section castigated the British people for supporting King and Parliament. Then, in its final paragraph, the draft declared "these colonies to be free and independent states" with all the rights of such states. "And for the support of this declaration," it ended, "we"—the delegates who would in time sign the document—"mutually pledge to each other our lives, our fortunes, & our sacred honor."

Jefferson sketched out parts of the draft on scraps of paper, some of which survive, then copied the whole to show to other members of the committee. He also used that copy—the "original Rough draught," as he called it, which is now at the Library of Congress—to record all subsequent editorial changes. Jefferson submitted the draft to John Adams, who made a complete copy of the document as it stood when he saw it, and also to Benjamin Franklin, who was recovering from a severe attack of gout. They suggested some changes, and Jefferson initiated others. Then, he told James Madison in 1823, he submitted the revised document to the committee, which sent it "unaltered" to Congress. However, a note he sent to Franklin with an already revised draft in June 1776 tells a different tale. "The inclosed paper has been read and with some small alterations approved by the committee," it said. Would Franklin please "peruse it and suggest such alterations as his more enlarged view of the subject will dictate? The paper having been returned to me to change a particular sentiment or two, I propose laying it again before the committee tomorrow morning." Clearly the draft was a collaborative effort, and some of the changes that appear on the "rough draft" in Jefferson's handwriting were mandated by the committee.

Independence

On 28 June 1776, the committee submitted its draft to Congress, which promptly tabled it for later consideration. Meanwhile, towns, counties, grand juries, and some private groups publicly declared and explained their support for independence. Gradually one state after another fell into line, revising their Congressional instructions and sometimes also issuing state declarations of independence either as separate documents (Maryland, 6 July 1776) or as opening sections of their new constitutions (Virginia, 29 June, and New Jersey, 2 July). Those documents vary in form and style, but most of them recall the colonists' past affection for the king and cite a familiar set of fairly recent events to explain their change in sentiment—the king's neglect of the colonists' dutiful petitions; his endorsement of the Prohibitory Act and hiring of German mercenaries; his use of slaves and Indians against white colonists; the devastation caused by his armies. They also explain independence as a step the Americans accepted only to save themselves from destruction. Americans needed to bid Britain "the last adieu," as Buckingham County, Virginia, put it, before any foreign nations would, "for their own interest, lend an assisting hand … and enable us to discharge the great burdens of the war."

On 1 July, when Congress again debated independence, sentiment remained divided, with nine states in favor, two (Pennsylvania and South Carolina) opposed, and one (Delaware) split. New York's delegates abstained because their year-old instructions, which precluded doing anything that would impede reconciliation with Britain, had not been replaced. However, a delegate from South Carolina asked that the final vote be delayed until the next day. Then, with the timely absence of a few Pennsylvania delegates, the arrival of another Delaware delegate, Caesar Rodney, and a shift in the South Carolina vote, Congress approved the Lee resolution with twelve in favor, none opposed, and the New Yorkers still watching from the sidelines.

The delegates then took up the Declaration of Independence, and—even as a major British force debarked in New York to put down the Americans' "rebellion" once and for all—spent most of the next two days editing the document. They made only a handful of changes to its lyrical opening paragraphs, which Jefferson had already worked over carefully; but they eliminated entirely the long paragraph that placed blame for the slave trade entirely on the king and, curiously, called him a tyrant for offering freedom to slaves who abandoned their masters and joined his army. Several other changes similarly cut back or eliminated overstatements or inaccuracies in the draft. For example, where Jefferson charged the King with "unremitting" injuries, as if he never slept, Congress substituted the word "repeated." The delegates also made some minor adjustments to language ("neglected utterly" became "utterly neglected"); compressed Jefferson's rambling, overlong attack on the British people; and rewrote the all-important final paragraph, adding references to God and substituting the words of the Lee resolution for those proposed by the drafting committee, but retaining Jefferson's mellifluous closing reference to "our lives, our fortunes, and our sacred honor." Jefferson watched this triumph of group editing with pain, and later made several copies of the committee draft to show correspondents how Congress had "mutilated" his work.

Finally, on 4 July, Congress approved the revised text, then ordered that it be printed and authenticated under the supervision of the drafting committee and distributed to the states and continental army commanders so it could be "proclaimed in each of the United States, and at the head of the army." Congress's printer, John Dunlap, quickly produced a broadside copy, which John Hancock, Congress's president, sent out with appropriate cover letters. On 9 July, New York added its consent to that of the other thirteen states. And on 19 July, after hearing that news, Congress resolved "that the Declaration passed on the 4th, be fairly engrossed on parchment, with the title and stile of 'The unanimous declaration of the thirteen United States of America, '" and that the parchment copy should be signed "by every member of Congress." The main signing occurred on 2 August. However, it was not until January 1777—after Americans victories at Trenton and Princeton, New Jersey, had ended the long disastrous military campaign of 1776—that Congress sent authenticated copies of the signed Declaration to the states.

From Announcement to Icon

The letters from Hancock that accompanied the Dunlap broadside called on the states to proclaim the Declaration "in such a Manner, that the People may be universally informed of it." Massachusetts directed that the Declaration be read aloud after Sunday services in churches; in Virginia and Maryland, it was read to the gatherings of people at county court days. In New York, General Washington had the Declaration read "with an audible voice" before several brigades of the Continental Army, "formed in hollow squares" often with the British in view on nearby Staten Island.

In the decade and a half after 1776, Americans sometimes referred to the Declaration as the "instrument of our Independence," as if it, and not Congress's less familiar resolutions of 2 July, had ended America's subservience to Britain. Otherwise, the document was all but forgotten until the 1790s, when it emerged from obscurity not as a revolutionary manifesto—by then Independence was old news—but a statement affirming human equality and the existence of "unalienable rights."

The document's celebrants were at first members of the Jeffersonian Republican Party. But as its fiftieth anniversary approached after the War of 1812, the Declaration became a national icon, though one soon embroiled in controversy. As antislavery advocates enlisted the Declaration in their cause, Southern defenders of slavery and their northern allies vociferously denied that "all men" are "created equal" and have "unalienable rights." The Declaration's assertions, they said, applied at best to white men only, and should have been omitted from a document that was meant only to separate America from Britain.

On the opposite side stood a set of men, shaped in the patriotic culture of the 1820s, who later found a home in the Republican Party and whose most eloquent spokesman was Abraham Lincoln. The equality in the Declaration, they said, never implied that men were equal in intellect or strength or appearance. It consisted, they said, in men's equal possession of rights. Had the Declaration's purpose been confined to independence, it would be only "an interesting memorial of the dead past" with no practical use in later times. As a testament to personal rights, however, the Declaration was, and was always meant to be, a document of continuing significance. It set up, Lincoln said, "a standard maxim for free society" that was to be enforced "as fast as circumstances should permit," gradually extending its influence and "augmenting the happiness and value of life to all people of all colors everywhere" (Springfield, 26 June 1857). Members of the Republican Party finally added the principles of the Declaration of Independence, as they understood them, to the Constitution by enacting the Thirteenth Amendment, which ended slavery, and, following Lincoln's death, the Fourteenth Amendment, which precluded the states from depriving "any person of life, liberty, or property, without due process of law."

Today Americans revere the Declaration of Independence less as "the instrument of our Independence" than a statement of rights. They remember only those opening phrases of its second paragraph that speak of equality and of unalienable rights to life, liberty, and the pursuit of happiness. Even the engraving on the Jefferson Memorial in Washington, D.C., cuts off Jefferson's carefully constructed long sentence in the middle, ending with the assertion "that to these rights governments are instituted among men." The right of revolution, the original point of the sentence, was edited out, transforming a revolutionary manifesto into an assertion of the rights that established governments must protect, much like a bill of rights. Not only the members of the drafting committee and other delegates to the Second Continental Congress edited the Declaration of Independence, but also generations of later Americans. They gave it a function with which Jefferson would not perhaps have disagreed, but that remains nonetheless different from that of the document as he understood it.

Bibliography

Boyd, Julian P. The Declaration of Independence: The Evolution of the Text. Reprint, Charlottesville, N.C.: International Center for Jefferson Studies at Monticello, 1999.

———, ed. The Papers of Thomas Jefferson. vol. 1. Princeton, N.J.: Princeton University Press, 1950.

Hazelton, John H. The Declaration of Independence: Its History. Reprint, New York: Da Capo Press, 1970.

Larson, Carlton F. W. "The Declaration of Independence: A 225th Anniversary Re-Interpretation," Washington Law Re-view, LXXVI (2001): 701–787.

Lucas, Stephen E. "The Rhetorical Ancestry of the Declaration of Independence," Rhetoric and Public Affairs, I (1998): 143–184.

Maier, Pauline, American Scripture: Making the Declaration of Independence. New York: Knopf, 1997.

—Pauline Maier

 
Columbia Encyclopedia: Declaration of Independence,
full and formal declaration adopted July 4, 1776, by representatives of the Thirteen Colonies in North America announcing the separation of those colonies from Great Britain and making them into the United States.

The Road to Its Adoption

Official acts that colonists considered infringements upon their rights had previously led to the Stamp Act Congress (1765) and to the First Continental Congress (1774), but these were predominantly conservative assemblies that sought redress from the crown and reconciliation, not independence. The overtures of the First Continental Congress in 1774 came to nothing, discontent grew, and as the armed skirmishes at Lexington and Concord (Apr. 19, 1775) developed into the American Revolution, many members of the Second Continental Congress of Philadelphia followed the leadership of John Hancock, John Adams, and Samuel Adams in demanding independence.

The delegates from Virginia and North Carolina were in fact specifically instructed on independence and on June 7, 1776, Richard Henry Lee called for a resolution of independence. On June 11, John Adams, Benjamin Franklin, Thomas Jefferson, Robert R. Livingston, and Roger Sherman were instructed to draft such a declaration; the actual writing was entrusted to Jefferson. The first draft was revised by Franklin, Adams, and Jefferson before it was sent to Congress, where it was again changed. That final draft was adopted July 4, 1776, and Independence Day has been the chief American patriotic holiday ever since. It is interesting to note, however, that the July 4 document is merely a fuller statement justifying the resolution of independence adopted by Congress July 2, 1776.

The Declaration and Its Importance

The Declaration of Independence is the most important of all American historical documents. It is essentially a partisan document, a justification of the American Revolution presented to the world; but its unique combination of general principles and an abstract theory of government with a detailed enumeration of specific grievances and injustices has given it enduring power as one of the great political documents of the West. After stating its purpose, the opening paragraphs (given here in the form used in the engrossed copy) assert the fundamental American ideal of government, based on the theory of natural rights, which had been held by, among others, John Locke, Emerich de Vattel, and Jean Jacques Rousseau.

“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.”

Then follows an indictment of George III for willfully infringing those rights in order to establish an “absolute Tyranny” over the colonies. The document states that colonial patience had achieved nothing and therefore the colonists found themselves forced to declare their independence. The stirring closing paragraph is the formal pronouncement of independence and is borrowed from the resolution of July 2.

“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.”

Signers of the Declaration

Not all the men who helped draw up or voted for the Declaration signed it (Robert R. Livingston, for example, did not) nor were all the signers present at its adoption. All the signatures except six (Wythe, R. H. Lee, Wolcott, Gerry, McKean, and Thornton) were affixed on Aug. 2, 1776. The first is that of John Hancock, president of the Continental Congress. The remaining 55 (see individual articles on each) are those of Josiah Bartlett, William Whipple, Matthew Thornton, Samuel Adams, John Adams, Robert Treat Paine, Elbridge Gerry, Stephen Hopkins, William Ellery, Roger Sherman, Samuel Huntington, William Williams, Oliver Wolcott, William Floyd, Philip Livingston, Francis Lewis, Lewis Morris, Richard Stockton, John Witherspoon, Francis Hopkinson, John Hart, Abraham Clark, Robert Morris, Benjamin Rush, Benjamin Franklin, John Morton, George Clymer, James Smith, George Taylor, James Wilson, George Ross, Caesar Rodney, George Read, Thomas McKean, Samuel Chase, William Paca, Thomas Stone, Charles Carroll of Carrollton, George Wythe, Richard Henry Lee, Thomas Jefferson, Benjamin Harrison, Thomas Nelson, Jr., Francis Lightfoot Lee, Carter Braxton, William Hooper, Joseph Hewes, John Penn, Edward Rutledge, Thomas Heyward, Jr., Thomas Lynch, Jr., Arthur Middleton, Button Gwinnett, Lyman Hall, and George Walton.

Bibliography

See studies by J. H. Hazelton (1906, repr. 1970), C. L. Becker (1922, repr. 1962), and F. R. Donovan (1968); D. Malone, The Story of the Declaration of Independence (1954); D. F. Hawke, A Transaction of Free Men (1964, repr. 1989); R. Ginsberg, ed., A Casebook on the Declaration of Independence (1967); G. Wills, Inventing America (1979); J. Fliegelman, Declaring Independence (1993); P. Maier American Scripture: Making the Declaration of Independence (1997).


 
Law Encyclopedia: Declaration of Independence
This entry contains information applicable to United States law only.

A formal announcement executed by the Continental Congress on July 4, 1776, on behalf of the people living in the American colonies, that asserted and proclaimed their freedom from Britain.

Since its creation in 1776, the Declaration of Independence has been considered the single most important expression of the ideals of U.S. democracy. As a statement of the fundamental principles of the United States, the Declaration is an enduring reminder of the country's commitment to popular government and equal rights for all.

The Declaration of Independence is a product of the early days of the Revolutionary War. On July 2, 1776, the Second Continental Congress — the legislature of the American colonies — voted for independence from Great Britain. It then appointed a committee of five— John Adams, Benjamin Franklin, Thomas Jefferson, Roger Sherman, and Robert R. Livingston — to draft a formal statement of independence designed to influence public opinion at home and abroad. Because of his reputation as an eloquent and forceful writer, Jefferson was assigned the task of creating the document, and the final product is almost entirely his own work. The Congress did not approve all of Jefferson's original draft, however, rejecting most notably his denunciation of the slave trade. Delegates from South Carolina and Georgia were not yet ready to extend the notion of inalienable rights to African Americans.

On July 4, 1776, the day of birth for the new country, the Congress approved the Declaration of Independence. The Declaration served a number of purposes for the newly formed United States. With regard to the power politics of the day, it functioned as a propaganda statement intended to build support for American independence abroad, particularly in France, from which the Americans hoped to have support in their struggle for independence. Similarly, it also served as a clear message of intention to the British. Even more important for the later Republic of the United States, it functioned as a statement of governmental ideals.

In keeping with its immediate diplomatic purposes, most of the Declaration consists of a list of thirty grievances against acts of the British monarch George III. Many of these were traditional and legitimate grievances under British constitutional law. The Declaration firmly announces that British actions had established "an absolute Tyranny over these States." Britain's acts of despotism, according to the Declaration's list, included taxation of Americans without representation in Parliament; imposition of standing armies on American communities; establishment of the military above the civil power; obstruction of the right to trial by jury; interference with the operation of colonial legislatures; and cutting off of trade with the rest of the world. The Declaration ends with the decisive resolution 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 disolved."

The first sentences of the document and their statement of political ideals have remained the Declaration's most memorable and influential section. Among these sentences are the following:

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.

Ever since their creation, these ideas have guided the development of U.S. government, including the creation of the U.S. Constitution in 1787. The concepts of equal and unalienable rights for all, limited government, popular consent, and freedom to rebel have had a lasting effect on U.S. law and politics.

Scholars have long debated the relative importance of the different sources Jefferson used for his ideas in the Declaration. Most agree that the natural rights philosophy of English philosopher John Locke greatly influenced Jefferson's composition of the Declaration. In particular, Locke advanced the ideas that a just government derives its legitimacy and power from the consent of the governed, that people possess inalienable rights that no legitimate government may take away, and that the people have the right and duty to overthrow a government that violates their rights. Jefferson also paralleled Locke in his identification of three major rights — the rights to "Life, Liberty and the pursuit of Happiness" — though the last of his three is a change from Locke's right to "property."

Jefferson himself minimized the Declaration's contribution to political philosophy. In a letter that he wrote in 1825, fifty years after the Declaration was signed, he described the document as "an appeal to the tribunal of the world." Its object, he wrote, was

[n]ot to find out new principles or new arguments, never before thought of, not merely to say things which had never been said before; but to place before mankind the common sense of the subject, in terms so plain and firm as to command their assent, and to justify ourselves in the independent stand we are compelled to take. Neither aiming at originality of principle or sentiment, nor yet copied from any particular and previous writing, it was intended to be an expression of the American mind, and to give to that expression the proper tone and spirit called for by the occasion.

Although the Declaration of Independence stands with the Constitution as a founding document of the United States of America, its position in U.S. law is much less certain than that of the Constitution. The Declaration has been recognized as the founding act of law establishing the United States as a sovereign and independent nation, and Congress has placed it at the beginning of the U.S. Code, under the heading "The Organic Laws of the United States of America." The Supreme Court, however, has generally not considered it a part of the organic law of the country. For example, although the Declaration mentions a right to rebellion, this right, particularly with regard to violent rebellion, has not been recognized by the Supreme Court and other branches of the federal government. The most notable failure to uphold this right occurred when the Union put down the rebellion by the Southern Confederacy in the Civil War.

Despite its secondary authority, many later reform movements have quoted the Declaration in support of their cause, including movements for universal suffrage, abolition of slavery, women's rights, and civil rights for African Americans. Many have argued that this document influenced the passage and wording of such important developments in U.S. law and government as the Thirteenth and Fourteenth Amendments, which banned slavery and sought to make African Americans equal citizens. In this way, the Declaration of Independence remains the most outstanding example of the spirit, as opposed to the letter, of U.S. law.

 
History Dictionary: Declaration of Independence

The fundamental document establishing the United States as a nation, adopted on July 4, 1776. The declaration was ordered and approved by the Continental Congress and written largely by Thomas Jefferson. It declared the thirteen colonies represented in the Continental Congress independent from Britain, offered reasons for the separation, and laid out the principles for which the Revolutionary War was fought. The signers included John Adams, Benjamin Franklin, John Hancock, and Jefferson. The declaration begins (capitalization and punctuation are modernized): “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. 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 govenment, 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 day of the adoption of the Declaration of Independence is now commemorated as the Fourth of July, or Independence Day.

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    Wikipedia: United States Declaration of Independence
    United States Declaration of Independence
    The Declaration of Independence
    The Declaration of Independence
    Created July 4, 1776
    Location National Archives and Records Administration
    Authors Thomas Jefferson, John Adams & Benjamin Franklin
    Signers Continental Congress
    Purpose Declare independence from Great Britain

    The United States Declaration of Independence was an act of the Second Continental Congress, adopted on July 4, 1776, which declared that the Thirteen Colonies in North America were "Free and Independent States" and that "all political connection between them and the State of Great Britain, is and ought to be totally dissolved." The document, formally entitled The unanimous Declaration of the thirteen United States of America,[1] written chiefly by Thomas Jefferson, explained the justifications for separation from the British crown, and was an expansion of Richard Henry Lee's Resolution (passed by Congress in July 2), which first proclaimed independence. An engrossed copy of the Declaration was signed by most of the delegates on August 2 and is now on display in the National Archives and Records Administration in Washington, D.C.

    The Declaration is considered to be a preceding founding document of the later formed United States of America, where July 4 is celebrated as Independence Day. At the time the Declaration was issued, the American colonies were "united" in declaring their independence from Great Britain. Although the Continental Congress acted in many ways as a national government, and had been doing so before the Declaration was made, its right to do so was not validated until the ratification of the Articles of Confederation in 1781.[2] John Hancock was the first to sign the Declaration of Independence.

    US President Abraham Lincoln succinctly explained the central importance of the Declaration to American history in his Gettysburg Address of 1863:

    "Four score and seven years ago our fathers brought forth on this continent, a new nation, conceived in liberty, and dedicated to the proposition that all men are created equal."


    Analysis

    Influences

    Jefferson's own draft preamble to the Maryland Constitution influenced the Declaration of Independence. In turn, Thomas Paine's Rights of Man influenced that preamble.

    Philosophical background

    The Preamble of the Declaration is influenced by the spirit of republicanism, which was used as the basic framework for liberty.[3] In addition, it reflects Enlightenment philosophy, including the concepts of natural law, and self-determination. Ideas and even some of the phrasing was taken directly from the writings of Scottish philosopher John Locke. Thomas Paine's Common Sense had been widely read and provided a simple, clear case for independence that many found compelling. According to Jefferson, the purpose of the Declaration was "not to find out new principles, or new arguments, never before thought of . . . but to place before mankind the common sense of the subject, in terms so plain and firm as to command their assent, and to justify ourselves in the independent stand we are compelled to take."

    International law

    Armitage (2002) examines the Declaration of Independence in the context of late-18th-century international law and argues its legitimacy derived more from its broad appeal to diverse audiences than from its comportment with extant principles of international relations. He analyzes the Declaration's structure and fundamental arguments, concluding that its partial reliance on an individual natural rights political discourse seemed outdated, if not obsolete, in an international arena where positivist jurisprudential philosophy was increasingly becoming the preferred referent. Armitage highlights the consequent apprehension felt by leading American statesmen during 1776-79, including John Adams and Benjamin Franklin, as the manifesto circulated throughout Europe receiving an ambiguous reception at best. Nonetheless, with the de jure acceptance of US independence in the Treaty of Paris (1783), arguments regarding the legal foundations of the Declaration of Independence became irrelevant, as its objective and its success as a document written to appeal to internal as well as foreign audiences became more widely recognized and admired.

    Practical effects

    As a proclamation, the Declaration was used as a propaganda tool, in which the Americans tried to establish clear reasons for their rebellion that might persuade reluctant colonists to join them and establish their just cause to foreign governments that might lend them aid. The Declaration also served to unite the members of the Continental Congress. The Declaration of Independence was also used as a foreign policy announcement; since the United States were now separate and independent nations, the war was escalated from a civil war to a war of independence, and therefore foreign nations who were enemies of Great Britain were free to intervene, like the French. One in five colonists [2](calling themselves loyalists or Tories) refused to accept the Declaration and continued to profess their allegiance to the British monarchy, with over 700 of them signing their own "declaration" in a pub on Wall Street [3]. Many were upper class landowners and businessmen who felt the new republic would strip them of their land rights and social class.[citation needed]

    Influence on other documents

    The Declaration of Independence contains many of the founding fathers' fundamental principles, some of which were later codified in the United States Constitution. It was the model for the 1848 Seneca Falls Convention Declaration of Sentiments which proclaimed the rights of women using the same language. It has also influenced people to exercise their Right of Revolution to overthrow totalitarian governments such was the case in 1789 Declaration of the Rights of Man and of the Citizen, which was also inspected by Jefferson, then the U.S. ambassador in Paris, before acceptance during the French Revolution. In addition, it has been used as the model of a number of later documents such as the declarations of independence of Vietnam and Rhodesia. In the United States, the Declaration has been frequently quoted in political speeches, such as Abraham Lincoln's Gettysburg Address and Martin Luther King, Jr.'s I Have a Dream speech.

    The Declaration published outside the Thirteen Colonies

    The Declaration of Independence was first published in full outside North America by the Belfast Newsletter on the 23rd of August, 1776.[4] A copy of the document was being transported to London via ship when bad weather forced the vessel to port at Derry. The document was then carried on horseback to Belfast for the continuation of its voyage to England, whereupon copy was made for the Belfast newspaper.[5][6]

    The first edition of the Declaration of Independence was reprinted at London in the August 1776 issue of The Gentleman's Magazine. The Gentleman's Magazine had been following American issues for many years, and its editors (Edward Cave and, subsequently, David Henry) were close to Benjamin Franklin in particular, publishing several of his writings on electricity. The Declaration itself was followed in the September issue by "Thoughts on the late Declaration of the American Congress", signed only "An Englishman". The author identified certain absurdities (as he saw them) contained in the now famous words of the preamble. Most notably, he pointed out the document's inconsistency with the fact that slavery and government was still being practiced in America (emphasized in the following excerpt):

    We hold (they say) these truths to be self-evident: That all men are created equal. In what are they created equal? Is it in size, understanding, figure, moral or civil accomplishments, or situation of life? Every plough-man knows that they are not created equal in any of these....That every man hath an unalienable right to liberty; and here the words, as it happens, are not nonsense, but they are not true: slaves there are in America, and where there are slaves, there liberty is alienated. If the Creator hath endowed man with an unalienable right to liberty, no reason in the world will justify the abridgement of that liberty, and a man hath a right to do everything that he thinks proper without controul or restraint; and upon the same principle, there can be no such things as servants, subjects, or government of any kind whatsoever. In a word, every law that hath been in the world since the formation of Adam, gives the lie to this self-evident truth, (as they are pleased to term it) ; because every law, divine or human, that is or hath been in the world, is an abridgement of man's liberty. (The Gentleman's Magazine, vol. 46, pp. 403–404)

    Distribution and copies

    John Trumbull's famous painting is usually incorrectly identified as a depiction of the signing of the Declaration, but it actually shows the drafting committee presenting its work to the Congress.
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    John Trumbull's famous painting is usually incorrectly identified as a depiction of the signing of the Declaration, but it actually shows the drafting committee presenting its work to the Congress.

    After its adoption by Congress on July 4, a handwritten draft signed by the President of Congress John Hancock and the Secretary Charles Thomson was then sent a few blocks away to the printing shop of John Dunlap. Through the night between 150 and 200 copies were made, now known as "Dunlap broadsides". One was sent to George Washington on July 6, who had it read to his troops in New York on July 9. A copy reached London on August 10.[citation needed] The 25 Dunlap broadsides still known to exist are the oldest surviving copies of the document. The original handwritten copy has not survived.

    On July 19, Congress ordered a copy be "engrossed" (hand written in fair script on parchment by an expert penman) for the delegates to sign. This engrossed copy was produced by Timothy Matlack, assistant to the secretary of Congress. Most of the delegates signed it on August 2, 1776, in geographic order of their colonies from north to south, though some delegates were not present and had to sign later. Late signers were Elbridge Gerry, Oliver Wolcott, Lewis Morris, Thomas McKean, and Matthew Thornton (who, because of a lack of space, was unable to place his signature on the top right of the signing area with the other New Hampshire delegates, William Whipple and Josiah Bartlett, and had to place his signature on the lower right). Two delegates never signed. The first was Robert R. Livingston of New York, a member of the original drafting committee. Livingston was present for the vote on July 2 but returned to New York before the August 2 signing. The second was John Dickinson, a member of the Continental Congress from Pennsylvania, who was against separation from Great Britain and labored to change the language of the Declaration of Indpendence to leave open the possibility of a reconciliation with Great Britain. As new delegates joined the congress, they were also allowed to sign. A total of 56 delegates eventually signed (see Category:Signers of the U.S. Declaration of Independence). This engrossed copy is now on display at the National Archives.

    A now very badly faded original copy of the signed Declaration from the National Archives.
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    A now very badly faded original copy of the signed Declaration from the National Archives.

    On January 18, 1777, the Continental Congress ordered that the declaration be more widely distributed. The second printing was made by Mary Katharine Goddard. The first printing had included only the names John Hancock and Charles Thomson. Goddard's printing was the first to list all signatories.

    In 1823, printer William J. Stone was commissioned by Secretary of State John Quincy Adams to create an engraving of the document essentially identical to the original. Stone's copy was made using a wet-ink transfer process, where the surface of the document was moistened, and some of the original ink transferred to the surface of a copper plate which was then etched so that copies could be run off the plate on a press[7]. Because of poor conservation of the 1776 document through the 19th century, Stone's engraving, rather than the original, has become the basis of most modern reproductions[8]

    The first German translation of the Declaration was published July 6-8, 1776, as a broadside in unfolded form by the printing press of Steiner & Cist of Philadelphia.[9]

    National Bureau of Standards preserving the U.S. Declaration of Independence in 1951.
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    National Bureau of Standards preserving the U.S. Declaration of Independence in 1951.


    Gustafson (2004) traces the paths taken by the original manuscript copies of the Declaration of Independence, the Constitution, and the Bill of Rights prior to being placed permanently in the National Archives. From 1776 to 1921 the Declaration moved from one city to another and to different public buildings until placed in the Department of State library. The Constitution was never exhibited, and the Bill of Rights' provenance up to 1938 is largely unknown. From 1921 to 1952 the Declaration and the Constitution were at the Library of Congress, and the National Archives held the Bill of Rights.

    In 1952, the librarian of Congress and the US archivist agreed on moving the Declaration and the Constitution to the National Archives. Since 1953 the three documents have been called the Charters of Freedom. Encased in 1951, by the early 1980s deterioration threatened the documents. In 2001, using the latest in preservation technology, conservators treated the documents and re-encased them in encasements made of titanium and aluminum. They were put on display again with the opening of the remodeled National Archives Rotunda in 2003.

    Annotated text of the Declaration

    The declaration is not divided into formal sections; but it is often discussed as consisting of five parts: Introduction, the Preamble, the Indictment of George III, the Denunciation of the British people, and the Conclusion.[10]

    Introduction

    Asserts as a matter of Natural Law the ability of a people to assume political independence; acknowledges that the grounds for such independence must be reasonable, and therefore explicable, and ought to be explained.

    In CONGRESS, July 4, 1776.

    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.

    Preamble

    Outlines a general philosophy of government that justifies revolution when government harms natural rights.[10]

    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. (Note: the original hand-written text ended on the phrase "the pursuit of property" rather than "the pursuit of Happiness" but the phrase was changed in subsequent copies in part because it was broader. The latter phrase is used today).

    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.

    Indictment

    A bill of particulars documenting the king's "repeated injuries and usurpations" of the Americans' rights and liberties.[10]

    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.

    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 of 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 Leg